Woman sues DYFS after her adopted child was allegedly sexually, physically abused under institution's watch - New Jersey

By Megan DeMarco/Statehouse Bureau

TRENTON — While under the care of the state’s child protection agency, a Monmouth county baby was burned, beaten, and sexually abused, then ignored as doctor after doctor recommended therapy for anxiety and post-traumatic stress disorder, a lawyer for her adopted mother says.

Three different caseworkers at the state’s Division of Youth and Family Services could have stopped the abuse several times, attorney David Mazie contends, but none did.

Now the girl is 13, and her adopted mother is suing the state Division of Youth and Family Services and three caseworkers for damages in a trial that kicked off Monday with impassioned opening arguments in Trenton.

Child advocates say it is rare for civil cases against DYFS to reach a full trial, where the actions of caseworkers in charge of protecting children can be put on full display.

The case also comes amid an ongoing overhaul of the child welfare system that was in its early stage when the allegations were first raised.

Some child welfare advocates say the case indicates problems that exist in DYFS to this day, but others say reports of a federal monitor appointed in 2003 show the child protection system is improving. The state has spent more than $1 billion on the reforms.

"To the extent that there is any good news in all this it is only that this case is part of the legacy of DYFS’ failed past," said Richard Wexler, executive director of the National Coalition for Child Protection Reform. He added the federal monitor’s reports show, "this is a much better agency now than it was before, and such tragedies are a lot less likely."

Richard Gelles, a dean at the University of Pennsylvania who provided expert testimony for the woman suing DYFS, said the case exposes "a severe systemic dysfunction" that still exists, noting that some of those who handled the girl’s case continued to work for the division. One of the three caseworkers named in the case worked for the Department of Children and Families as of Sept. 30, according to public payroll records.

During opening arguments, Mazie outlined alleged negligence by DYFS from 2000 to 2005, when the girl, identified as S.A., was placed with the woman who would adopt her.

"They failed in this case, they failed miserably. They turned a blind eye on this child," Mazie said. "This is going to be with her for the rest of her life."

As a 2-year-old, she was given to her biological father in 2000, without proper vetting, Mazie said. While in his care and under DYFS supervision, the toddler suffered sexual and physical abuse.

She was brought to the emergency room twice, and a neighbor reported she had burns on her body and a belt mark on her chest, the attorney said. She was removed when the father’s girlfriend reported she was bound, beaten and hanging from a hook in the wall, he added.

Mazie said after she was removed from the home, doctors recommended therapy for post traumatic stress disorder. It took DYFS two years to provide it, and escalated the girl’s anxiety by allowing visits with her father, he said.

He added that a caseworker was supposed to visit with the girl once a month, but there were several months when no one appeared at the home, or checked on her in foster care.

Elliott Abrutyn, a lawyer hired by the state to represent DYFS, said children under the state’s care also have a legal guardian independent of DYFS, and often the caseworkers were following court orders.

"What happened to (her) of course is tragic," he said, telling the jury that it was "paramount" to understand DYFS caseworkers "were always absolutely looking out for the best interest of the child."

Abrutyn said doctors who treated the baby when she was brought into the emergency room could have reported suspected abuse to DYFS, and did not.

"Whatever our clients did, they did in good faith," he said.

Lauren Kidd, a spokeswoman for DYFS, said the division does not comment on pending litigation.

The adopted mother, identified only as L.A., is seeking monetary damages to assist in the care of her daughter. The case is expected to last two to three weeks.

Source http://www.nj.com/news/index.ssf/2011/12/woman_sues_dyfs_after_her_adop.html