From wire service reports
LOS ANGELES - The Los Angeles County Board of Supervisors agreed Tuesday to pay $500,000 to settle a lawsuit involving the sexual assault of a 9- year-old girl by a 17-year-old boy in foster care.
"The certified foster parents allowed children to have unsupervised, unmonitored play behind closed doors resulting in the assault of a 9-year-old girl by a 17-year-old boy," according to the case summary provided by county attorneys.
The girl -- listed as Jane Doe in the suit filed in Los Angeles Superior Court on Oct. 28, 2009 -- is the biological child of the boy's foster parents.
Other details of the case, including the parents' names, were not disclosed.
The county has already spent more than $287,000 -- more than half the settlement amount -- on attorneys' fees and costs related to the claim, according to the attorneys' summary.
The supervisors met behind closed doors with their lawyers to discuss the case before voting 3-1 in open session to approve the settlement, with Supervisor Michael Antonovich casting the dissenting vote and Supervisor Gloria Molina absent due to illness.
Source http://www.contracostatimes.com/california/ci_20170623/county-pay-500k-settle-foster-care-sexual-abuse
CPS corruption hurts and destroys families worldwide. Please use caution posting about CPS here or anyplace on the internet. For your protection, using your full, real name and precise location is not advised. CPS has eyes everywhere and CPS is notorious for taking what people say, twisting it, embellishing on it and then using it against them in CPS "investigations" and at court proceedings.
Showing posts with label settlement. Show all posts
Showing posts with label settlement. Show all posts
Thursday, March 15, 2012
County agency reviewing practices on taking children - California
BY LOIS HENRY
Kern County is reviewing how its Child Protective Services agency removes children from their parents, according to Deputy County Counsel Mark Nations.
Until now, CPS has routinely taken children without warrants if the agency feels there is a credible allegation of "general neglect."
Law enforcement typically handles removal of children when severe physical or sexual abuse is alleged. General neglect is handled by CPS and runs the gamut from drugs being used in the home to no food available for the children.
On Wednesday, sources close to CPS said social workers this week had stopped taking children without warrants and were instead filing petitions asking the court to detain the children.
Nations confirmed that a review was under way but said he had no knowledge that any procedures had been changed thus far.
"Non-custody petitions (to the court) are not something new and whether they will receive increased use in the future remains to be seen," he said in an email.
The review of CPS procedures comes on the heels of a settlement offer in a federal lawsuit that was considered by the Board of Supervisors in closed session on Tuesday.
In that case, Darlene and Lawrence McCue allege CPS and the Kern County Sheriff's Department illegally took their son, then 7, from his school on March 6, 2008 without a warrant and with no evidence that he was being harmed.
The McCues were thought to be endangering their son by having him undergo unnecessary medical procedures for imagined or exaggerated conditions.
Kern County kept the child for four months before a juvenile dependency court found no evidence that supported his removal.
The McCues' attorney, Shawn McMillan, said the law is very clear that authorities must have a warrant to take a child unless they believe the child is in "imminent danger," which means they have reason to believe the child will suffer serious physical harm or death in the few hours it would take to get a warrant.
"There are no nuances," to the law, McMillan has said previously.
McMillan wouldn't say what the McCues' settlement offer involved, but did say there was no demand that CPS alter its procedures. However, he said he assumed that would happen as a result of the lawsuit.
Nations said Supervisors did consider the settlement offer Tuesday evening.
"It was more of an informational thing," he said. "Now, I need to move forward with what they instructed me to do, which I'm not at liberty to disclose."
Another portion of the McCues' lawsuit targets South Fork Union School District. McMillan expects that that part of the case will go to trial.
The McCues allege the school district gave their son a peanut butter cookie even though he's allergic to peanuts. They reported the district to the State Board of Education and believe the district then retaliated against them by filing false accusations with CPS, which resulted in the boy being taken by the county.
An attorney for the South Fork School District has said previously that school employees were simply answering questions from doctors and law enforcement.
Source http://www.bakersfield.com/news/columnist/henry/x2052758890/County-agency-reviewing-practices-on-taking-children
Kern County is reviewing how its Child Protective Services agency removes children from their parents, according to Deputy County Counsel Mark Nations.
Until now, CPS has routinely taken children without warrants if the agency feels there is a credible allegation of "general neglect."
Law enforcement typically handles removal of children when severe physical or sexual abuse is alleged. General neglect is handled by CPS and runs the gamut from drugs being used in the home to no food available for the children.
On Wednesday, sources close to CPS said social workers this week had stopped taking children without warrants and were instead filing petitions asking the court to detain the children.
Nations confirmed that a review was under way but said he had no knowledge that any procedures had been changed thus far.
"Non-custody petitions (to the court) are not something new and whether they will receive increased use in the future remains to be seen," he said in an email.
The review of CPS procedures comes on the heels of a settlement offer in a federal lawsuit that was considered by the Board of Supervisors in closed session on Tuesday.
In that case, Darlene and Lawrence McCue allege CPS and the Kern County Sheriff's Department illegally took their son, then 7, from his school on March 6, 2008 without a warrant and with no evidence that he was being harmed.
The McCues were thought to be endangering their son by having him undergo unnecessary medical procedures for imagined or exaggerated conditions.
Kern County kept the child for four months before a juvenile dependency court found no evidence that supported his removal.
The McCues' attorney, Shawn McMillan, said the law is very clear that authorities must have a warrant to take a child unless they believe the child is in "imminent danger," which means they have reason to believe the child will suffer serious physical harm or death in the few hours it would take to get a warrant.
"There are no nuances," to the law, McMillan has said previously.
McMillan wouldn't say what the McCues' settlement offer involved, but did say there was no demand that CPS alter its procedures. However, he said he assumed that would happen as a result of the lawsuit.
Nations said Supervisors did consider the settlement offer Tuesday evening.
"It was more of an informational thing," he said. "Now, I need to move forward with what they instructed me to do, which I'm not at liberty to disclose."
Another portion of the McCues' lawsuit targets South Fork Union School District. McMillan expects that that part of the case will go to trial.
The McCues allege the school district gave their son a peanut butter cookie even though he's allergic to peanuts. They reported the district to the State Board of Education and believe the district then retaliated against them by filing false accusations with CPS, which resulted in the boy being taken by the county.
An attorney for the South Fork School District has said previously that school employees were simply answering questions from doctors and law enforcement.
Source http://www.bakersfield.com/news/columnist/henry/x2052758890/County-agency-reviewing-practices-on-taking-children
Saturday, January 28, 2012
WA to pay $2.35M in abuse case settlement
OLYMPIA, Wash. (AP) — Washington state will pay $2.35 million to settle a lawsuit filed by a woman who alleged that two state agencies failed to protect her from a sex offender who abused her when she was a child.
The Pierce County Superior Court lawsuit alleged that a paroled child rapist named Danny Dorosky Sr. was allowed to live with the victim's family, despite a Parole Board order that required intensive management and supervision because of the prior sex crime.
One of the woman's lawyers, Jason Amala, said Dorosky ingratiated himself into the victim's family and eventually moved into the home, where he abused the girl for almost three years. She was 10 when the abuse started, Amala said.
The woman also contended that the Department of Social and Health Services' Child Protective Services failed to protect her after school officials in Shelton reported the girl might be a sexual abuse victim.
Corrections spokeswoman Selena Davis confirmed the settlement and its amount late Wednesday. She said she could not immediately comment on case details.
DSHS spokesman Thomas Shapley referred inquiries to a lawyer with the state attorney general's office who did not immediately return a call.
The woman's lawyers say the abuse began in 1990. After the victim's father contacted law enforcement about the man in 1993, Mason County officials eventually arrested Dorosky. He was convicted of child molestation and rape. He died in 2004, Amala said.
In a phone interview Wednesday with The Olympian, the now 31-year-old woman said she had buried her awareness of what had happened until recently, when her own daughter turned 10.
She said she looked up Dorosky's court records and eventually hired a lawyer.
She said "it makes me sick" that state employees could have prevented what had happened to her and didn't.
The plaintiff, a state employee, added that she would appreciate an apology from the state. Beyond that, she said she hopes her lawsuit will lead to policy changes that will prevent supervision failures.
Source http://www.seattlepi.com/news/article/WA-to-pay-2-35M-in-abuse-case-settlement-2713424.php
The Pierce County Superior Court lawsuit alleged that a paroled child rapist named Danny Dorosky Sr. was allowed to live with the victim's family, despite a Parole Board order that required intensive management and supervision because of the prior sex crime.
One of the woman's lawyers, Jason Amala, said Dorosky ingratiated himself into the victim's family and eventually moved into the home, where he abused the girl for almost three years. She was 10 when the abuse started, Amala said.
The woman also contended that the Department of Social and Health Services' Child Protective Services failed to protect her after school officials in Shelton reported the girl might be a sexual abuse victim.
Corrections spokeswoman Selena Davis confirmed the settlement and its amount late Wednesday. She said she could not immediately comment on case details.
DSHS spokesman Thomas Shapley referred inquiries to a lawyer with the state attorney general's office who did not immediately return a call.
The woman's lawyers say the abuse began in 1990. After the victim's father contacted law enforcement about the man in 1993, Mason County officials eventually arrested Dorosky. He was convicted of child molestation and rape. He died in 2004, Amala said.
In a phone interview Wednesday with The Olympian, the now 31-year-old woman said she had buried her awareness of what had happened until recently, when her own daughter turned 10.
She said she looked up Dorosky's court records and eventually hired a lawyer.
She said "it makes me sick" that state employees could have prevented what had happened to her and didn't.
The plaintiff, a state employee, added that she would appreciate an apology from the state. Beyond that, she said she hopes her lawsuit will lead to policy changes that will prevent supervision failures.
Source http://www.seattlepi.com/news/article/WA-to-pay-2-35M-in-abuse-case-settlement-2713424.php
Friday, January 6, 2012
OKDHS reaches settlement on foster care suit
Click here to read the settlement agreement.
Late Wednesday, the Oklahoma Department of Human Services commission reached a settlement agreement with Children's Rights, a group that filed a class action lawsuit in 2008 alleging OKDHS did not do enough to protect Oklahoma's foster care children from abuse and neglect.
The monetary terms of the settlement have not yet been disclosed. However, DHS agreed to meet standards in fifteen areas. Among those standards, documentation of alleged abuse and neglect, number of available foster homes, number of times children can be placed in different foster homes, and the number of cases welfare workers can carry.
The agreement would dissolve in four years provided DHS meets the requirements fully for two consecutive years prior.
DHS has already spent close to $7 million fighting the lawsuit.
The agency says it will have a working plan in the next 55 days.
“We are all committed to continuous quality improvement and we have consistently identified and made improvements. We will continue to make improvements even after compliance with the future plan has been completed,” said OKDHS director Howard Hendrick. “The strengths and list of child welfare achievements are many, including an adoption rate that is more than twice the national average per capita over the last five years. Nevertheless, we need to recruit and expand the number of non-kinship homes for children coming into foster care. We need a broader array of therapeutic homes for children experiencing trauma and dealing with behavioral challenges. We also want to reimburse foster parents at better rates for their dedication to caring for Oklahoma’s abused and neglected children.
“Some of these improvements, particularly those involving recruitment and retention of child welfare workers and foster parents, will require additional state dollars," said Hendrick. "We will need the support of the Governor, the legislature, and the judicial system to commit the resources needed to ensure that Oklahoma’s child welfare system can meet these demands.”
"Now the real work begins," said House Speaker Kris Steele, R-Shawnee. "The legislature must be involved in this planning process and I'm pleased it will be. DHS belongs to the public and serves the public, so it is critical for the public's representatives to have meaningful input."
Source http://www.fox23.com/media/lib/13/0/a/1/0a184eb1-2f3c-4ec6-834a-418df6c6e415/Key_Provisions_of_the_Settlement_Agreement.doc
Late Wednesday, the Oklahoma Department of Human Services commission reached a settlement agreement with Children's Rights, a group that filed a class action lawsuit in 2008 alleging OKDHS did not do enough to protect Oklahoma's foster care children from abuse and neglect.
The monetary terms of the settlement have not yet been disclosed. However, DHS agreed to meet standards in fifteen areas. Among those standards, documentation of alleged abuse and neglect, number of available foster homes, number of times children can be placed in different foster homes, and the number of cases welfare workers can carry.
The agreement would dissolve in four years provided DHS meets the requirements fully for two consecutive years prior.
DHS has already spent close to $7 million fighting the lawsuit.
The agency says it will have a working plan in the next 55 days.
“We are all committed to continuous quality improvement and we have consistently identified and made improvements. We will continue to make improvements even after compliance with the future plan has been completed,” said OKDHS director Howard Hendrick. “The strengths and list of child welfare achievements are many, including an adoption rate that is more than twice the national average per capita over the last five years. Nevertheless, we need to recruit and expand the number of non-kinship homes for children coming into foster care. We need a broader array of therapeutic homes for children experiencing trauma and dealing with behavioral challenges. We also want to reimburse foster parents at better rates for their dedication to caring for Oklahoma’s abused and neglected children.
“Some of these improvements, particularly those involving recruitment and retention of child welfare workers and foster parents, will require additional state dollars," said Hendrick. "We will need the support of the Governor, the legislature, and the judicial system to commit the resources needed to ensure that Oklahoma’s child welfare system can meet these demands.”
"Now the real work begins," said House Speaker Kris Steele, R-Shawnee. "The legislature must be involved in this planning process and I'm pleased it will be. DHS belongs to the public and serves the public, so it is critical for the public's representatives to have meaningful input."
Source http://www.fox23.com/media/lib/13/0/a/1/0a184eb1-2f3c-4ec6-834a-418df6c6e415/Key_Provisions_of_the_Settlement_Agreement.doc
Monday, October 31, 2011
Thursday, October 27, 2011
Ohio - Verbal, emotional abuse case leads to teacher discipline at Miami Trace
Blog authors note:
Why are teachers and other "authorities" given lesser legal problems than parents or family member accused of the same type of abuse allegations or even lesser allegations? Why are they allowed to treat children poorly and basically only get a slap on the wrist? Why aren't they charged with child abuse? Are their crimes any less simply because they are not a family member? Is the child any less hurt or abused?
-----
RYAN CARTER
OCM News Service
FAYETTE COUNTY — The verbal and emotional abuse of a Miami Trace Middle School special education child has resulted in the discipline of a middle school teacher, the resignation of a teacher’s aide, and a $300,000 settlement with the child’s guardians.
On April 28, one of the child’s guardians alerted Miami Trace to the verbal abuse of the girl and following an investigation by the district, an audio tape of the abuse was presented to district officials by Children’s Services.
“The audio tapes were not the idea of Children’s Services, but the tapes proved that inappropriate comments had been made over a period of four days,” said Miami Trace Superintendent Dan Roberts.
According to court records, Christie Wilt is the teacher who was disciplined by both the Ohio Department of Education’s Office of Professional Conduct and Miami Trace Local Schools. Kelly Chaffin is the teacher’s aide who resigned.
Roberts characterized the comments made by the Chaffin as “emotional mistreatment.”
“After hearing the tapes, we acted immediately and gave the teacher’s aide a copy of the tape to share with her attorney,” said Roberts. “She resigned immediately.”
The student was immediately removed from the classroom and transferred to another. She is still a student at Miami Trace.
As for Wilt, there was originally uncertainty as to whether she participated in the emotional abuse.
“We immediately contacted the Ohio Department of Education’s Office of Professional Conduct and submitted a full report that their office received on May 5,” said Roberts. “It took the State Department of Education five full months to render a decision.”
The decision was to suspend Wilt’s teaching license for a year, however, that punishment will not occur if Wilt can complete a number of stipulations this school year.
“We will abide by all stipulations in order for her to keep her license,” said Roberts.
The ODE found that Wilt was guilty of some emotional abuse, mainly due to the fact that she allowed her teacher’s aide to verbally abuse the student.
“We would love to let the citizens know the whole story but because the parents signed a waiver that does not allow them to talk about it, we can’t,” said Roberts.
The complaint was also taken to the Fayette County Sheriff’s Office and presented to the Fayette County Prosecutor’s Office. It was determined that there was no basis for criminal charges and there was no physical abuse.
Roberts added that the guardians originally requested a $1 million settlement. Recently, the $300,000 agreement was settled on, according to Roberts.
“Miami Trace does have insurance coverage for matters like this, but the taxpayers will bear some of that burden,” he said. “Our mission is always to protect and educate our children. Anytime that mission is not achieved, we are extremely disappointed. Anytime something like this happens, we have to identify that issue and correct it…that is what we did. Mistakes have been made, discipline imposed, and we move forward. We’re regretful but we’re very much committed to this not happening again.”
All Miami Trace teachers are required to undergo five hours of training related to spotting signs of child abuse, verbal or physical, and being cautious about what they say to children.
Source http://www.wnewsj.com/main.asp?SectionID=49&SubSectionID=156&ArticleID=193910
Why are teachers and other "authorities" given lesser legal problems than parents or family member accused of the same type of abuse allegations or even lesser allegations? Why are they allowed to treat children poorly and basically only get a slap on the wrist? Why aren't they charged with child abuse? Are their crimes any less simply because they are not a family member? Is the child any less hurt or abused?
-----
RYAN CARTER
OCM News Service
FAYETTE COUNTY — The verbal and emotional abuse of a Miami Trace Middle School special education child has resulted in the discipline of a middle school teacher, the resignation of a teacher’s aide, and a $300,000 settlement with the child’s guardians.
On April 28, one of the child’s guardians alerted Miami Trace to the verbal abuse of the girl and following an investigation by the district, an audio tape of the abuse was presented to district officials by Children’s Services.
“The audio tapes were not the idea of Children’s Services, but the tapes proved that inappropriate comments had been made over a period of four days,” said Miami Trace Superintendent Dan Roberts.
According to court records, Christie Wilt is the teacher who was disciplined by both the Ohio Department of Education’s Office of Professional Conduct and Miami Trace Local Schools. Kelly Chaffin is the teacher’s aide who resigned.
Roberts characterized the comments made by the Chaffin as “emotional mistreatment.”
“After hearing the tapes, we acted immediately and gave the teacher’s aide a copy of the tape to share with her attorney,” said Roberts. “She resigned immediately.”
The student was immediately removed from the classroom and transferred to another. She is still a student at Miami Trace.
As for Wilt, there was originally uncertainty as to whether she participated in the emotional abuse.
“We immediately contacted the Ohio Department of Education’s Office of Professional Conduct and submitted a full report that their office received on May 5,” said Roberts. “It took the State Department of Education five full months to render a decision.”
The decision was to suspend Wilt’s teaching license for a year, however, that punishment will not occur if Wilt can complete a number of stipulations this school year.
“We will abide by all stipulations in order for her to keep her license,” said Roberts.
The ODE found that Wilt was guilty of some emotional abuse, mainly due to the fact that she allowed her teacher’s aide to verbally abuse the student.
“We would love to let the citizens know the whole story but because the parents signed a waiver that does not allow them to talk about it, we can’t,” said Roberts.
The complaint was also taken to the Fayette County Sheriff’s Office and presented to the Fayette County Prosecutor’s Office. It was determined that there was no basis for criminal charges and there was no physical abuse.
Roberts added that the guardians originally requested a $1 million settlement. Recently, the $300,000 agreement was settled on, according to Roberts.
“Miami Trace does have insurance coverage for matters like this, but the taxpayers will bear some of that burden,” he said. “Our mission is always to protect and educate our children. Anytime that mission is not achieved, we are extremely disappointed. Anytime something like this happens, we have to identify that issue and correct it…that is what we did. Mistakes have been made, discipline imposed, and we move forward. We’re regretful but we’re very much committed to this not happening again.”
All Miami Trace teachers are required to undergo five hours of training related to spotting signs of child abuse, verbal or physical, and being cautious about what they say to children.
Source http://www.wnewsj.com/main.asp?SectionID=49&SubSectionID=156&ArticleID=193910
Jury awards former foster child $2 million from state of Oregon over abuse suffered at hands of foster parents
By Aimee Green, The Oregonian The Oregonian
A Multnomah County jury unanimously awarded $2 million Wednesday to a former foster child who was abused and starved for two years while under the watch of state child welfare workers.
An attorney for the boy successfully argued that the Oregon Department of Human Services repeatedly failed to protect the boy despite repeated reports to a child-abuse hotline. The boy lived in the Clackamas County foster home of Thelma and William Beaver from 2002 to 2004. He weighed more at age 1, when he moved into the home, than at age 3, about the time he was removed from the home.
B.D.'s older sister, then known as Jordan Knapp, also suffered. She weighed just 28 pounds at age 5, when she was flown by Life Flight helicopter to OHSU with a broken skull. The girl's injury -- not a long list of reports of suspected abuse to the hotline -- spurred DHS to remove the children from the foster home for good.
Attorney Scott Kocher filed suit on behalf of Jordan, and days before B.D.'s trial, settled the case with the state for $1.5 million.
The children, along with a younger sister, have since been adopted by one family. Their adopted mom hugged B.D.'s attorney, John Devlin, after the Wednesday's verdict was announced.
Jurors awarded precisely the amount Devlin had asked for.
"This isn't just about helping (B.D.), it's also about helping other foster children by getting DHS to do a better job," Devlin said. "The defense was not only that (DHS) didn't do anything wrong, but that (B.D.) wasn't abused and starved."
Attorneys representing DHS weren't available for comment Wednesday.
Juror David Filmer said he was convinced that DHS didn't do enough to protect the boy, especially after his second hospitalization for failing to gain weight.
"We all really felt that the system was flawed," Filmer said. "That calls would come into the help line, and ...the response was insufficient."
At least 10 of the jurors spread the fault among the State of Oregon and five current and former DHS caseworkers and supervisors: Lesley Willette, Steve Duerscherl, Shirley Vollmuller, Peggy Gilmer and Audrey Riggs. Willette and Vollmuller still work at DHS, while the others have retired, Devlin said.
Because the jury also found that the boy's civil rights were violated, Devlin can seek that his attorneys fees be paid for by the state.
The 3 1/2 week trial included testimony from about 50 witnesses, said Devlin. The boy, who is now 10, took the stand for a short while. He spoke of lingering memories of life in the double-wide trailer that his foster parents and seven other children shared. He said he remembered being forced to sleep in the dog house.
According to lawsuits filed on behalf of the boy and Jordan, the Beavers horribly mistreated the children. A child advocate nicknamed the boy "Mr. Won't Smile." And DHS workers didn't believe Jordan when she repeatedly told them of her suffering. According to her lawsuit, her hands were beaten with a wooden spoon, she was hit with a hairbrush, she was held upside down by her feet and her head slammed against furniture and door frames, and she was forced her to sleep outdoors without blankets.
Thelma Beaver was sentenced to five years in prison for criminal mistreatment of Jordan, and William Beaver received two years of probation. for a lesser charge.
Jordan still faces challenges in her life, but the settlement "will make a big difference in making sure her future is as good as it can be," said Jordan's attorney, Kocher.
The boy has made a "remarkable" physical recovery, Devlin said. The jury's award will compensate the boy for what could be life-long psychological trauma.
"He's not the same kid he was when he was placed in the Beaver home," Devlin said.
Source http://www.oregonlive.com/portland/index.ssf/2011/10/jury_awards_foster_child_2_mil.html
A Multnomah County jury unanimously awarded $2 million Wednesday to a former foster child who was abused and starved for two years while under the watch of state child welfare workers.
An attorney for the boy successfully argued that the Oregon Department of Human Services repeatedly failed to protect the boy despite repeated reports to a child-abuse hotline. The boy lived in the Clackamas County foster home of Thelma and William Beaver from 2002 to 2004. He weighed more at age 1, when he moved into the home, than at age 3, about the time he was removed from the home.
B.D.'s older sister, then known as Jordan Knapp, also suffered. She weighed just 28 pounds at age 5, when she was flown by Life Flight helicopter to OHSU with a broken skull. The girl's injury -- not a long list of reports of suspected abuse to the hotline -- spurred DHS to remove the children from the foster home for good.
Attorney Scott Kocher filed suit on behalf of Jordan, and days before B.D.'s trial, settled the case with the state for $1.5 million.
The children, along with a younger sister, have since been adopted by one family. Their adopted mom hugged B.D.'s attorney, John Devlin, after the Wednesday's verdict was announced.
Jurors awarded precisely the amount Devlin had asked for.
"This isn't just about helping (B.D.), it's also about helping other foster children by getting DHS to do a better job," Devlin said. "The defense was not only that (DHS) didn't do anything wrong, but that (B.D.) wasn't abused and starved."
Attorneys representing DHS weren't available for comment Wednesday.
Juror David Filmer said he was convinced that DHS didn't do enough to protect the boy, especially after his second hospitalization for failing to gain weight.
"We all really felt that the system was flawed," Filmer said. "That calls would come into the help line, and ...the response was insufficient."
At least 10 of the jurors spread the fault among the State of Oregon and five current and former DHS caseworkers and supervisors: Lesley Willette, Steve Duerscherl, Shirley Vollmuller, Peggy Gilmer and Audrey Riggs. Willette and Vollmuller still work at DHS, while the others have retired, Devlin said.
Because the jury also found that the boy's civil rights were violated, Devlin can seek that his attorneys fees be paid for by the state.
The 3 1/2 week trial included testimony from about 50 witnesses, said Devlin. The boy, who is now 10, took the stand for a short while. He spoke of lingering memories of life in the double-wide trailer that his foster parents and seven other children shared. He said he remembered being forced to sleep in the dog house.
According to lawsuits filed on behalf of the boy and Jordan, the Beavers horribly mistreated the children. A child advocate nicknamed the boy "Mr. Won't Smile." And DHS workers didn't believe Jordan when she repeatedly told them of her suffering. According to her lawsuit, her hands were beaten with a wooden spoon, she was hit with a hairbrush, she was held upside down by her feet and her head slammed against furniture and door frames, and she was forced her to sleep outdoors without blankets.
Thelma Beaver was sentenced to five years in prison for criminal mistreatment of Jordan, and William Beaver received two years of probation. for a lesser charge.
Jordan still faces challenges in her life, but the settlement "will make a big difference in making sure her future is as good as it can be," said Jordan's attorney, Kocher.
The boy has made a "remarkable" physical recovery, Devlin said. The jury's award will compensate the boy for what could be life-long psychological trauma.
"He's not the same kid he was when he was placed in the Beaver home," Devlin said.
Source http://www.oregonlive.com/portland/index.ssf/2011/10/jury_awards_foster_child_2_mil.html
Oklahoma - DHS finds funding for benefits, legal defense
By GINNIE GRAHAM World Staff Writer
OKLAHOMA CITY - About $10 million in one-time funding has been found in the budget for the Oklahoma Department of Human Services to avoid cutting benefits in two low-income programs and to add $1 million to defend a class-action lawsuit.
On Tuesday, the commission overseeing the agency approved the expenditures, which include avoiding proposed hikes in child-care subsidy co-payments and avoiding lowering monthly assistance to a program for families with developmentally disabled children.
Commissioners also voted to use the money toward the class-action lawsuit filed by New York-based Children's Rights alleging abuse in the foster care system. Trial is set for February in the U.S. Northern District Court in Tulsa.
This brings the total cost of litigation to at least $9 million for private attorneys - $6 million already spent and $2 million previously planned for next year.
DHS Director Howard Hendrick said the funds are from amounts carried over from previous years. He said a new process allows officials to identify carryover funds earlier.
Hendrick said without new funding in the 2013 budget, these cuts may still need to be made.
"We would have found it eventually in January, February or March," Hendrick said. "We have a lot of one-time funds paying for recurring costs, and that's the biggest pause I have about the recommendation. But it's the right thing to do to push on through."
During discussion, Commissioner Jay Dee Chase cut off Commissioner Steven Dow from asking questions and called for a vote on the changes and monthly financial report, which had not been presented.
Procedure allows for further discussion and Dow asked for a "friendly amendment" for a separate vote on the service programs and legal fees.
"I don't accept that," Chase said. "My motion is made and seconded and I don't want to change it."
Dow said he wanted to explore if the $1 million could be used toward increasing foster-care subsidies or in the field offices.
"I'd like to have a conversation and discussion on where else we could spend $1 million before it goes to litigation costs," Dow said.
Commissioner Brad Yarbrough asked Chase to amend the motion so the board could hear the monthly financial report before making an approval.
Commissioners passed the changes by a 7-1 vote, with Dow dissenting.
The meeting ended with a vote to settle a 2007 lawsuit filed by a former foster child, who was subjected to "horrific acts of sexual abuse" by his foster father and his live-in boyfriend.
DHS commissioners and agency attorney Charles Waters refused to state the amount of the settlement or how it is being paid.
Terms were discussed in executive session, and the 7-1 approval was taken in open session.
According to the Oklahoman, the commissioners voted to pay a share of the $1.1 million settlement. The attorneys blacked out the settlement amount in the court papers, but The Oklahoman was able to calculate the amount of the overall settlement because attorneys asked for $308.90 in daily interest until it is paid.
Dow was the lone vote against the settlement and said he has not seen a proposed settlement agreement document.
"I personally did not feel I had enough advance knowledge or notice to make an informed decision," Dow said. "I was uncomfortable being brought in at the last minute."
The victim was a 15-year-old boy in Cleveland County who was placed in the home of Paul Stephen Hull in December 2005, the court records state. Shadow Mountain Behavioral Health System was named in the lawsuit as a contractor with DHS and had a hand in the boy's foster placement.
Hull's live-in lover, Erwin Charles Swender, started molesting the victim, and Hull joined in after the third or fourth assault, records state.
Swender had spent time in an Iowa juvenile facility as a 16-year-old after causing the death of a 22-month-old by hitting the toddler three to four times, according to court records and Iowa media reports.
He had a history with DHS, resulting in the termination of his parental rights to at least seven of his children.
DHS removed him for a few days in February 2006 because of concerns about conditions there. He was returned to the home after Hull agreed to a safety plan, which included keeping Swender away.
The lawsuit alleges Hull ignored the plan, with Swender continuing to live in the home and the two continuing to abuse the boy. DHS removed him for good when he finally told a counselor about the abuse.
The victim said he was abused for several weeks and was exposed to drugs and pornography.
Hull - a former teacher at Oklahoma City's Capitol Hill High School - pleaded guilty in 2007 to attempted rape, forcible sodomy, second-degree rape, lewd molestation and meth possession. He agreed to eight years in prison and to testify against Swender.
Swender pleaded guilty as jury selection began in 2007 to lewd acts with a child, forcible sodomy and meth possession. He was sentenced to 20 years.
The lawsuit alleges DHS left the victim in the home despite suspicions that Hull was ignoring the safety plan.
Since 2005, DHS has paid at least $3.4 million to settle child-welfare lawsuits, according to a Tulsa World investigation. That is in addition to the defense of the class-action lawsuit.
Source http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20111026_11_A1_CUTLIN294857
OKLAHOMA CITY - About $10 million in one-time funding has been found in the budget for the Oklahoma Department of Human Services to avoid cutting benefits in two low-income programs and to add $1 million to defend a class-action lawsuit.
On Tuesday, the commission overseeing the agency approved the expenditures, which include avoiding proposed hikes in child-care subsidy co-payments and avoiding lowering monthly assistance to a program for families with developmentally disabled children.
Commissioners also voted to use the money toward the class-action lawsuit filed by New York-based Children's Rights alleging abuse in the foster care system. Trial is set for February in the U.S. Northern District Court in Tulsa.
This brings the total cost of litigation to at least $9 million for private attorneys - $6 million already spent and $2 million previously planned for next year.
DHS Director Howard Hendrick said the funds are from amounts carried over from previous years. He said a new process allows officials to identify carryover funds earlier.
Hendrick said without new funding in the 2013 budget, these cuts may still need to be made.
"We would have found it eventually in January, February or March," Hendrick said. "We have a lot of one-time funds paying for recurring costs, and that's the biggest pause I have about the recommendation. But it's the right thing to do to push on through."
During discussion, Commissioner Jay Dee Chase cut off Commissioner Steven Dow from asking questions and called for a vote on the changes and monthly financial report, which had not been presented.
Procedure allows for further discussion and Dow asked for a "friendly amendment" for a separate vote on the service programs and legal fees.
"I don't accept that," Chase said. "My motion is made and seconded and I don't want to change it."
Dow said he wanted to explore if the $1 million could be used toward increasing foster-care subsidies or in the field offices.
"I'd like to have a conversation and discussion on where else we could spend $1 million before it goes to litigation costs," Dow said.
Commissioner Brad Yarbrough asked Chase to amend the motion so the board could hear the monthly financial report before making an approval.
Commissioners passed the changes by a 7-1 vote, with Dow dissenting.
The meeting ended with a vote to settle a 2007 lawsuit filed by a former foster child, who was subjected to "horrific acts of sexual abuse" by his foster father and his live-in boyfriend.
DHS commissioners and agency attorney Charles Waters refused to state the amount of the settlement or how it is being paid.
Terms were discussed in executive session, and the 7-1 approval was taken in open session.
According to the Oklahoman, the commissioners voted to pay a share of the $1.1 million settlement. The attorneys blacked out the settlement amount in the court papers, but The Oklahoman was able to calculate the amount of the overall settlement because attorneys asked for $308.90 in daily interest until it is paid.
Dow was the lone vote against the settlement and said he has not seen a proposed settlement agreement document.
"I personally did not feel I had enough advance knowledge or notice to make an informed decision," Dow said. "I was uncomfortable being brought in at the last minute."
The victim was a 15-year-old boy in Cleveland County who was placed in the home of Paul Stephen Hull in December 2005, the court records state. Shadow Mountain Behavioral Health System was named in the lawsuit as a contractor with DHS and had a hand in the boy's foster placement.
Hull's live-in lover, Erwin Charles Swender, started molesting the victim, and Hull joined in after the third or fourth assault, records state.
Swender had spent time in an Iowa juvenile facility as a 16-year-old after causing the death of a 22-month-old by hitting the toddler three to four times, according to court records and Iowa media reports.
He had a history with DHS, resulting in the termination of his parental rights to at least seven of his children.
DHS removed him for a few days in February 2006 because of concerns about conditions there. He was returned to the home after Hull agreed to a safety plan, which included keeping Swender away.
The lawsuit alleges Hull ignored the plan, with Swender continuing to live in the home and the two continuing to abuse the boy. DHS removed him for good when he finally told a counselor about the abuse.
The victim said he was abused for several weeks and was exposed to drugs and pornography.
Hull - a former teacher at Oklahoma City's Capitol Hill High School - pleaded guilty in 2007 to attempted rape, forcible sodomy, second-degree rape, lewd molestation and meth possession. He agreed to eight years in prison and to testify against Swender.
Swender pleaded guilty as jury selection began in 2007 to lewd acts with a child, forcible sodomy and meth possession. He was sentenced to 20 years.
The lawsuit alleges DHS left the victim in the home despite suspicions that Hull was ignoring the safety plan.
Since 2005, DHS has paid at least $3.4 million to settle child-welfare lawsuits, according to a Tulsa World investigation. That is in addition to the defense of the class-action lawsuit.
Source http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20111026_11_A1_CUTLIN294857
Wednesday, September 21, 2011
County Commission approves $267,000 settlement in foster care lawsuit
By Joe Schoenmann
Tuesday, Sept. 20, 2011 | 12:01 p.m.
Clark County will pay $267,000 to three children allegedly neglected and sexually abused while in foster care.
Steve Sisolak was the only commissioner to question the pre-trial settlement. He made sure wording was added to the payment to mandate as much counseling as needed for the three children, who were pre-teens during the time of the incident, even if that means cutting attorney fees.
"It's a small sum for what these kids went through," he said later. "These kids are really subjected to some horrors. It is a terrible shame."
Little information about the children or what happened to them was provided in county documentation. A case filed on the matter in U.S. District Court alleges that the abuse occurred in 2004. Attorneys were hired for the children's biological parent in 2009.
According to court documents, the foster parent was accused of denying medical care and providing poor supervision, which may have led to sexual abuse of a child or children by a man who was a registered sex offender in Nevada.
In return for the settlement, the plaintiffs, Tim D. Fullmer, et al., has agreed to dismiss their lawsuit against the county.
Foster care in Clark County has for years been the focus of intense scrutiny. In the mid-2000s, stories of children who died in foster care led to a resignation and the hiring of Tom Morton in 2006 to take over.
Morton, credited with helping turn Alabama‚s child welfare system into a national model, arguably improved the system, decreasing caseloads per case worker and ending the warehousing of children in Child Haven.
Morton resigned in August, citing increasing fiscal pressures and a trend indicating that cases per caseworker were once again on the rise, a trend he blamed on the need to cut staff in the face of budget cuts.
Source http://www.lasvegassun.com/news/2011/sep/20/county-commission-approves-settlement-over/
Tuesday, Sept. 20, 2011 | 12:01 p.m.
Clark County will pay $267,000 to three children allegedly neglected and sexually abused while in foster care.
Steve Sisolak was the only commissioner to question the pre-trial settlement. He made sure wording was added to the payment to mandate as much counseling as needed for the three children, who were pre-teens during the time of the incident, even if that means cutting attorney fees.
"It's a small sum for what these kids went through," he said later. "These kids are really subjected to some horrors. It is a terrible shame."
Little information about the children or what happened to them was provided in county documentation. A case filed on the matter in U.S. District Court alleges that the abuse occurred in 2004. Attorneys were hired for the children's biological parent in 2009.
According to court documents, the foster parent was accused of denying medical care and providing poor supervision, which may have led to sexual abuse of a child or children by a man who was a registered sex offender in Nevada.
In return for the settlement, the plaintiffs, Tim D. Fullmer, et al., has agreed to dismiss their lawsuit against the county.
Foster care in Clark County has for years been the focus of intense scrutiny. In the mid-2000s, stories of children who died in foster care led to a resignation and the hiring of Tom Morton in 2006 to take over.
Morton, credited with helping turn Alabama‚s child welfare system into a national model, arguably improved the system, decreasing caseloads per case worker and ending the warehousing of children in Child Haven.
Morton resigned in August, citing increasing fiscal pressures and a trend indicating that cases per caseworker were once again on the rise, a trend he blamed on the need to cut staff in the face of budget cuts.
Source http://www.lasvegassun.com/news/2011/sep/20/county-commission-approves-settlement-over/
Saturday, July 30, 2011
$10 Million Settlement For Child Abused By Foster Parent Demonstrates Lapses In Oversight System
From the Child Injury Laws blog --
Posted by Jonathan Rosenfeld on April 25, 2011
A significant settlement in a foster care abuse lawsuit demonstrated the defects in regulatory system meant to protect vulnerable children and infants. The lawsuit was brought on behalf of a 5-year-old boy who was placed into the foster care system after his birth mother was deemed unfit to care for the baby by her family.
From the time the boy was placed in the custody of his foster mother, he was repeatedly physically abused by the woman. An ancillary criminal trial of the foster mother demonstrated that repeated episodes of physical abuse resulted in a permanent brain injury to the boy.
At issue in the civil lawsuit against the District of Columbia, was the poor judgment of the regulatory agency that was responsible for ensuring the safety and health of children placed into a foster care setting. In this case, the Child and Family Services Agency failed to identify tell-tale problems of abuse-- that if identified earlier--- could like have prevented the boy's brain damage.
Though the foster mother had difficulty caring for another child placed in her care and was forced to return the child to the the state agency, months later she was recruited to care for this child. Even after the child placed in a potentially troubled environment, the agency failed to conduct regular assessments of the child's situation.
According to court documents, a social worker who was responsible for supervising the boys transition to the family, made a visit just once in the first 43 days that the boy was placed into custody compared with the weekly visits stated in the agencies protocols.
Similarly, the woman was accepted for the foster care program despite the fact that her finances were so significantly strained that she relied on government subsidies to provide food for her family.
The boy’s brain damage will necessitate round-the-clock medical care and special accommodations to his families home to accommodate his physical needs. In order to ensure the the money from the settlement will last to provide this care, the judge overseeing the case has utilized a structured settlement arrangement.
I don't think there's a group more vulnerable to mistreatment than children placed in the foster care system. Many of the children who enter these programs already have a history of coming from troubled homes and deserve the assurance of not getting placed into another situation where they further put at risk.
Ensuring children get proper care in a foster care situation is an issue I feel passionate about. I plan on discussing how we can improve the foster care system in future Child Injury Law Blog entries.
Source: http://www.childinjurylaws.com/foster-care/10-million-settlement-for-child-abused-by-foster-parent-demonstrates-lapses-in-oversight-system/
Posted by Jonathan Rosenfeld on April 25, 2011
A significant settlement in a foster care abuse lawsuit demonstrated the defects in regulatory system meant to protect vulnerable children and infants. The lawsuit was brought on behalf of a 5-year-old boy who was placed into the foster care system after his birth mother was deemed unfit to care for the baby by her family.
From the time the boy was placed in the custody of his foster mother, he was repeatedly physically abused by the woman. An ancillary criminal trial of the foster mother demonstrated that repeated episodes of physical abuse resulted in a permanent brain injury to the boy.
At issue in the civil lawsuit against the District of Columbia, was the poor judgment of the regulatory agency that was responsible for ensuring the safety and health of children placed into a foster care setting. In this case, the Child and Family Services Agency failed to identify tell-tale problems of abuse-- that if identified earlier--- could like have prevented the boy's brain damage.
Though the foster mother had difficulty caring for another child placed in her care and was forced to return the child to the the state agency, months later she was recruited to care for this child. Even after the child placed in a potentially troubled environment, the agency failed to conduct regular assessments of the child's situation.
According to court documents, a social worker who was responsible for supervising the boys transition to the family, made a visit just once in the first 43 days that the boy was placed into custody compared with the weekly visits stated in the agencies protocols.
Similarly, the woman was accepted for the foster care program despite the fact that her finances were so significantly strained that she relied on government subsidies to provide food for her family.
The boy’s brain damage will necessitate round-the-clock medical care and special accommodations to his families home to accommodate his physical needs. In order to ensure the the money from the settlement will last to provide this care, the judge overseeing the case has utilized a structured settlement arrangement.
I don't think there's a group more vulnerable to mistreatment than children placed in the foster care system. Many of the children who enter these programs already have a history of coming from troubled homes and deserve the assurance of not getting placed into another situation where they further put at risk.
Ensuring children get proper care in a foster care situation is an issue I feel passionate about. I plan on discussing how we can improve the foster care system in future Child Injury Law Blog entries.
Source: http://www.childinjurylaws.com/foster-care/10-million-settlement-for-child-abused-by-foster-parent-demonstrates-lapses-in-oversight-system/
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