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 abuse and neglect. Show all posts
Showing posts with label abuse and neglect. Show all posts
Monday, March 26, 2012
Thursday, February 23, 2012
Audit: Child-welfare checks uneven in Minnesota
Article by: JEREMY OLSON
Audit urges state to unify county and tribal standards in handling abuse and neglect allegations.
Minnesota's child welfare system needs stronger guidance to ensure that vulnerable children are treated consistently from one county to another, a legislative audit concluded Tuesday.
Testing county and tribal child-welfare agencies with 10 fictional cases of abuse and neglect, state auditors found wide variations in whether local officials deemed investigations necessary. It was a virtual 50-50 split, for example, on whether agencies would investigate a claim of a small child found wandering a block from home. And 64 percent said they wouldn't investigate as maltreatment a domestic abuse incident that occurred while a child was in another room.
Despite these so-called "gray area referrals," many of the state's child-welfare intake workers made reasonable and thoughtful deliberations, said Carrie Meyerhoff, the lead author of the report for the Minnesota Office of the Legislative Auditor.
Child welfare advocates sought the audit because of wide regional variations in screening decisions -- and because Minnesota is unique, nationally, for the low rate of child abuse complaints that it "screens in" -- or flags -- for investigation or intervention. In 2010, Minnesota screened in a third of abuse complaints for further action; nationally, the figure was two-thirds, according to a federal Child Maltreatment report. Minnesota had the nation's third-lowest screen-in rate.
The report encouraged the Legislature to clarify the legal definition of "risk of harm," and urged the Department of Human Services to increase its training for evaluating and screening child maltreatment allegations.
Counties, for example, varied in whether they accepted anonymous child-welfare complaints, the auditors found. Meyerhoff said some county officials thought that the statute might prohibit anonymous reports. Erin Sullivan Sutton, an assistant commissioner with the state Department of Human Services, said the State Supreme Court has determined that anonymous reports are valid if they meet all other legal requirements.
The audit didn't address the question of teen neglect or abuse, but Rich Gehrman of Safe Passage for Children of Minnesota said counties are inherently more protective of young children.
"Once you are above a certain age, at least some counties are not going to screen you in no matter what the circumstance," he said.
'Small boats'
Minnesota is one of 11 states that empower counties to manage and help finance child-welfare services. One lawmaker at the hearing questioned whether decisions on abuse allegations would be standardized by creating a single state-run system. Neither Gehrman or Sullivan Sutton endorsed such an approach. Sullivan Sutton said the 11 county-run states have enacted some of the nation's most promising child-welfare reforms.
"It's sometimes easier to move 84 small boats," she said, referring to the number of child-welfare agencies in Minnesota, "than one large ship."
The report did not address why the state screens out more child abuse claims than most other states. Meyerhoff said unreliable data made such a comparison too difficult.
At least one observer said he thinks Minnesota might be doing things right. For example, said Richard Wexler of the National Coalition for Child Protection Reform, only 15 percent of the screened-in reports in Minnesota are turned away.
About 17 percent are substantiated, which means they become official child-welfare cases -- and kids can potentially be removed from their homes -- while another 65 percent receive alternative services to train parents and stabilize families.
"Minnesota caseworkers spend far less time spinning their wheels and more time actually providing help," Wexler said.
Source http://www.startribune.com/lifestyle/wellness/139921823.html
Audit urges state to unify county and tribal standards in handling abuse and neglect allegations.
Minnesota's child welfare system needs stronger guidance to ensure that vulnerable children are treated consistently from one county to another, a legislative audit concluded Tuesday.
Testing county and tribal child-welfare agencies with 10 fictional cases of abuse and neglect, state auditors found wide variations in whether local officials deemed investigations necessary. It was a virtual 50-50 split, for example, on whether agencies would investigate a claim of a small child found wandering a block from home. And 64 percent said they wouldn't investigate as maltreatment a domestic abuse incident that occurred while a child was in another room.
Despite these so-called "gray area referrals," many of the state's child-welfare intake workers made reasonable and thoughtful deliberations, said Carrie Meyerhoff, the lead author of the report for the Minnesota Office of the Legislative Auditor.
Child welfare advocates sought the audit because of wide regional variations in screening decisions -- and because Minnesota is unique, nationally, for the low rate of child abuse complaints that it "screens in" -- or flags -- for investigation or intervention. In 2010, Minnesota screened in a third of abuse complaints for further action; nationally, the figure was two-thirds, according to a federal Child Maltreatment report. Minnesota had the nation's third-lowest screen-in rate.
The report encouraged the Legislature to clarify the legal definition of "risk of harm," and urged the Department of Human Services to increase its training for evaluating and screening child maltreatment allegations.
Counties, for example, varied in whether they accepted anonymous child-welfare complaints, the auditors found. Meyerhoff said some county officials thought that the statute might prohibit anonymous reports. Erin Sullivan Sutton, an assistant commissioner with the state Department of Human Services, said the State Supreme Court has determined that anonymous reports are valid if they meet all other legal requirements.
The audit didn't address the question of teen neglect or abuse, but Rich Gehrman of Safe Passage for Children of Minnesota said counties are inherently more protective of young children.
"Once you are above a certain age, at least some counties are not going to screen you in no matter what the circumstance," he said.
'Small boats'
Minnesota is one of 11 states that empower counties to manage and help finance child-welfare services. One lawmaker at the hearing questioned whether decisions on abuse allegations would be standardized by creating a single state-run system. Neither Gehrman or Sullivan Sutton endorsed such an approach. Sullivan Sutton said the 11 county-run states have enacted some of the nation's most promising child-welfare reforms.
"It's sometimes easier to move 84 small boats," she said, referring to the number of child-welfare agencies in Minnesota, "than one large ship."
The report did not address why the state screens out more child abuse claims than most other states. Meyerhoff said unreliable data made such a comparison too difficult.
At least one observer said he thinks Minnesota might be doing things right. For example, said Richard Wexler of the National Coalition for Child Protection Reform, only 15 percent of the screened-in reports in Minnesota are turned away.
About 17 percent are substantiated, which means they become official child-welfare cases -- and kids can potentially be removed from their homes -- while another 65 percent receive alternative services to train parents and stabilize families.
"Minnesota caseworkers spend far less time spinning their wheels and more time actually providing help," Wexler said.
Source http://www.startribune.com/lifestyle/wellness/139921823.html
Saturday, February 18, 2012
Child Deaths Up In Families Watched By Ga. Agency
ATLANTA (AP) — Georgia’s child welfare agency has confirmed that child deaths are higher than normal among families who have been under its watch.
The Division of Family and Children Services said that 35 children died in the 10-week period since Dec. 1, all of them from families that have a history with the agency that investigates reports of child abuse and neglect. That’s more than 1/3 the number of child deaths — 92 total — the agency saw in all of 2011 in families it had investigated or monitored.
The Atlanta Journal-Constitution reported (http://bit.ly/yHpj7V) Saturday that officials cautioned that not all of the deaths were caused by abuse or neglect. Still, the child welfare agency’s deputy director, Kathy Herren, said that, “This is a mathematical number that is higher.”
Child advocates said they’re concerned the deaths may signal that the agency isn’t properly investigating homes where children could be in danger.
Georgia DFCS has been criticized for years for being short staffed and losing children’s records. The state settled a 2005 lawsuit that insisted on improving the state-run foster care systems in Fulton and DeKalb counties.
Atlanta attorney Don Keenan, a critic of Georgia’s child welfare system, called the recent deaths reported between Dec. 1 and Feb. 12 “an outrageous figure.”
“That’s a school bus full of kids,” Keenan said.
The Atlanta newspaper and WSB-TV jointly pushed state officials to release the death statistics. Each of the children who had died came from families that had been investigated or monitored by DFCS in the past five years, though the children may not have had open cases at the time of their deaths.
Officials said four of the deaths were attributed to abuse, while 10 were caused by medical problems. Six children died after a parent rolled on top of them while they slept in the same bed. Others were reported to have been killed in bathtub accidents, car wrecks, a house fire and an accidental shooting. Some deaths were listed as having unknown causes with no evidence of abuse.
The agency said three of its workers were fired over the handling of one case involving the Feb. 6 death of a 4-year-old Fulton County boy. DFCS section director Peggy Woodard said the boy apparently died from abuse and had an open case with the agency, but no caseworker had visited the family in about two months. Visits are supposed to happen monthly.
Officials said none of the other child deaths resulted in disciplinary actions.
Source http://atlanta.cbslocal.com/2012/02/18/child-deaths-up-in-families-watched-by-ga-agency/
The Division of Family and Children Services said that 35 children died in the 10-week period since Dec. 1, all of them from families that have a history with the agency that investigates reports of child abuse and neglect. That’s more than 1/3 the number of child deaths — 92 total — the agency saw in all of 2011 in families it had investigated or monitored.
The Atlanta Journal-Constitution reported (http://bit.ly/yHpj7V) Saturday that officials cautioned that not all of the deaths were caused by abuse or neglect. Still, the child welfare agency’s deputy director, Kathy Herren, said that, “This is a mathematical number that is higher.”
Child advocates said they’re concerned the deaths may signal that the agency isn’t properly investigating homes where children could be in danger.
Georgia DFCS has been criticized for years for being short staffed and losing children’s records. The state settled a 2005 lawsuit that insisted on improving the state-run foster care systems in Fulton and DeKalb counties.
Atlanta attorney Don Keenan, a critic of Georgia’s child welfare system, called the recent deaths reported between Dec. 1 and Feb. 12 “an outrageous figure.”
“That’s a school bus full of kids,” Keenan said.
The Atlanta newspaper and WSB-TV jointly pushed state officials to release the death statistics. Each of the children who had died came from families that had been investigated or monitored by DFCS in the past five years, though the children may not have had open cases at the time of their deaths.
Officials said four of the deaths were attributed to abuse, while 10 were caused by medical problems. Six children died after a parent rolled on top of them while they slept in the same bed. Others were reported to have been killed in bathtub accidents, car wrecks, a house fire and an accidental shooting. Some deaths were listed as having unknown causes with no evidence of abuse.
The agency said three of its workers were fired over the handling of one case involving the Feb. 6 death of a 4-year-old Fulton County boy. DFCS section director Peggy Woodard said the boy apparently died from abuse and had an open case with the agency, but no caseworker had visited the family in about two months. Visits are supposed to happen monthly.
Officials said none of the other child deaths resulted in disciplinary actions.
Source http://atlanta.cbslocal.com/2012/02/18/child-deaths-up-in-families-watched-by-ga-agency/
Friday, February 10, 2012
The High Cost of Foster Care Abuse
FLUSHING, NY, February 09, 2012
More than 500,000 children in the U.S. reside in some form of foster care. Within one year of their initial placement, at least 15 percent of them will experience neglect, abuse, or other harmful conditions. Six times as many children die in foster care than in the general population. Children in placement are also far more likely to suffer physical and sexual abuse than other children. In group homes, where many of the residents abuse each other, there is more than ten times the rate of physical abuse and 28 times the rate of sexual abuse as in the general population. And these are just the reported cases. Since foster care agencies cannot always be relied upon to police themselves, the actual rates are likely to be much higher.
Lawsuits are a necessary consequence of foster care abuse. Often, they provide the only means for victims to seek monetary compensation for grievous harm. They are also instrumental in publicizing these tragedies, forcing state and private foster care providers to account for their actions and, hopefully, rectify them. Here is a sampling of recent foster care abuse lawsuits:
A Florida mother accused state and local child care providers of failing to protect her son from sexual abuse. Placed at age 10, the child was moved to 11 different foster homes in an 18 month period and twice attempted suicide.
Three young Maryland men filed suit against an agency that had notice of a sexually abusing foster father but failed to take action. The agency specialized in placements for children and adolescents with mental disabilities as well as brain and spinal cord injuries.
A lawsuit on behalf of a young girl repeatedly raped in foster care over a period of ten months was filed in Philadelphia. The rapist, who was not supposed to be residing in the home, was the foster mother's teen-aged son.
Lawyers in Colorado sued agency social workers on behalf of three boys placed in an adoptive home. Although the adoptive parents knew the boys had been abused in their biological home, social workers failed to warn them of just how heinous and extensive the abuse had been. The children engaged in incestuous acts with each other, necessitating strenuous efforts on the part of the adoptive parents to prevent the abuse. Ultimately, the strain of caring for the children caused the adoptive parents to divorce.
The payout for such lawsuits can be quite substantial. New Jersey has spent $51.7 million in 317 lawsuits brought on behalf of abused foster children dating as far back as 1996. Since 2005, the Oklahoma Department of Human Services (DHS) has paid out more than $3.4 million in civil lawsuit settlements. In a recently settled class action lawsuit involving foster care abuse, Oklahoma DHS spent $7 million in outside attorney fees in defense of the lawsuit, with $2 million more set aside for future costs. Additional class action lawsuits are pending on behalf of thousands of foster children in Rhode Island, Massachusetts and Texas. Even when such cases do not result in monetary awards to the original plaintiffs, attorney fees can run well into the millions.
Foster care abuse exacts an enormous toll in emotional, psychological and physical damage. Lawsuits filed on behalf of these injured children, while essential, are prohibitively expensive for state and local governments. In a better world, all those tens of millions would be spent on preventing the very problems that put children in foster care in the first place. Sometimes, the price for the harm that results from the remedy is just too high.
Written by Ruth C. Stern on behalf of Orlow, Orlow & Orlow, New York Personal Injury Lawyers located at 7118 Main Street, Flushing, NY 11367
Phone: 212-203-4053
http://www.orlowlaw.com
More than 500,000 children in the U.S. reside in some form of foster care. Within one year of their initial placement, at least 15 percent of them will experience neglect, abuse, or other harmful conditions. Six times as many children die in foster care than in the general population. Children in placement are also far more likely to suffer physical and sexual abuse than other children. In group homes, where many of the residents abuse each other, there is more than ten times the rate of physical abuse and 28 times the rate of sexual abuse as in the general population. And these are just the reported cases. Since foster care agencies cannot always be relied upon to police themselves, the actual rates are likely to be much higher.
Lawsuits are a necessary consequence of foster care abuse. Often, they provide the only means for victims to seek monetary compensation for grievous harm. They are also instrumental in publicizing these tragedies, forcing state and private foster care providers to account for their actions and, hopefully, rectify them. Here is a sampling of recent foster care abuse lawsuits:
A Florida mother accused state and local child care providers of failing to protect her son from sexual abuse. Placed at age 10, the child was moved to 11 different foster homes in an 18 month period and twice attempted suicide.
Three young Maryland men filed suit against an agency that had notice of a sexually abusing foster father but failed to take action. The agency specialized in placements for children and adolescents with mental disabilities as well as brain and spinal cord injuries.
A lawsuit on behalf of a young girl repeatedly raped in foster care over a period of ten months was filed in Philadelphia. The rapist, who was not supposed to be residing in the home, was the foster mother's teen-aged son.
Lawyers in Colorado sued agency social workers on behalf of three boys placed in an adoptive home. Although the adoptive parents knew the boys had been abused in their biological home, social workers failed to warn them of just how heinous and extensive the abuse had been. The children engaged in incestuous acts with each other, necessitating strenuous efforts on the part of the adoptive parents to prevent the abuse. Ultimately, the strain of caring for the children caused the adoptive parents to divorce.
The payout for such lawsuits can be quite substantial. New Jersey has spent $51.7 million in 317 lawsuits brought on behalf of abused foster children dating as far back as 1996. Since 2005, the Oklahoma Department of Human Services (DHS) has paid out more than $3.4 million in civil lawsuit settlements. In a recently settled class action lawsuit involving foster care abuse, Oklahoma DHS spent $7 million in outside attorney fees in defense of the lawsuit, with $2 million more set aside for future costs. Additional class action lawsuits are pending on behalf of thousands of foster children in Rhode Island, Massachusetts and Texas. Even when such cases do not result in monetary awards to the original plaintiffs, attorney fees can run well into the millions.
Foster care abuse exacts an enormous toll in emotional, psychological and physical damage. Lawsuits filed on behalf of these injured children, while essential, are prohibitively expensive for state and local governments. In a better world, all those tens of millions would be spent on preventing the very problems that put children in foster care in the first place. Sometimes, the price for the harm that results from the remedy is just too high.
Written by Ruth C. Stern on behalf of Orlow, Orlow & Orlow, New York Personal Injury Lawyers located at 7118 Main Street, Flushing, NY 11367
Phone: 212-203-4053
http://www.orlowlaw.com
Wednesday, January 18, 2012
Kaylee Rice died despite 18 state investigations - Florida
CHRIS OLWELL
Editor’s note: This story is based on interviews with friends and family of Kaylee Rice, people involved in the juvenile dependency system, and hundreds of pages of records from the Department of Children and Families, Big Bend Community Based Care, criminal and civil court files, and law enforcement.
PANAMA CITY BEACH — Even as her life descended into a spiral of abuse and addiction, Courtney Coughlin was determined to keep her daughter, Kaylee Ann Rice.
Coughlin gave up two other kids for adoption, an older girl and a younger boy, and Kaylee was removed from her care by the state on more than one occasion. Still, Coughlin fought to keep Kaylee.
Once she succeeded, said one woman who knew Kaylee, the child never stood a chance.
Kaylee was airlifted to Sacred Heart Children’s Hospital in the hours after a July 11, 2011, car accident in Lynn Haven. She and mother Courtney Coughlin, a drug addict and ex-convict with a long criminal history, were not wearing seat belts. Coughlin’s facial muscles were pulled from her crushed skull, and she had missing teeth and limited vision in one eye.
Kaylee fared worse.
Twelve hours after the crash, an investigator with the Florida Department of Children and Families (DCF) filed a preliminary report of the findings of an investigation. The investigator interviewed only doctors; Kaylee was unconscious, father Ray Rice was in prison and her mother was in the hospital on her way to jail, where she would remain until she was sentenced to 25 years in prison. The investigator was there to assess the risk to Kaylee.
“The overall safety assessment at this time is low as it pertains to the parent/caregiver not having access for further abuse/neglect to the child. However, risk is increased due to the injuries Kaylee has sustained and her current condition may potentially be fatal.”
The report documented the 18th and final time DCF had investigated allegations Kaylee had been abused or neglected.
Coughlin and Rice met in the late ’90s when they were kicking around the beach, hanging out in clubs, partying and getting into drugs. Back then it was pot and valium; later it was meth and painkillers. They had dated about a month when Coughlin showed up with a small child, Rice remembered during an interview with The News Herald.
Both were more interested in partying than parenthood, and Coughlin decided to give her daughter up for adoption. The adoption was a strain on the relationship. Rice said he started thinking, “This chick might be crazy.”
She knew how to push his buttons, and “sometimes I would try to control her,” said Rice, who was arrested several times for domestic violence. “I’m not an angel by any means.”
Coughlin was pregnant again in December 1998 when she applied for a restraining order the day after one incident. She withdrew the request a week later.
“I lost one child, kind of, you know — that’s how I felt about it — and I was giving her something better,” Coughlin said in an interview. “… I wanted Kaylee to have both of her parents there, you know, just a normal upbringing. I wanted to give her everything I didn’t have.”
Six months later, on July 10, 1999, Kaylee Rice was born in a Bay County hospital to 21-year-old Rice and 23-year-old Coughlin. It was only a matter of months before the complaints to the police and the DCF began pouring in.
Both Rice and Coughlin were involved in a major meth manufacturing case in 2004 after Rice’s mother, Yurdanur “Sunny” Rice, took a trunk with a meth lab and more than 1,000 grams of meth oil to the dump at her son’s request. The meth had belonged to one of Ray Rice’s roommates. He had allowed the roommate to cook meth at his place, but he said he never cooked meth himself and court records support him.
He ended up in a federal prison. Coughlin, who was jittery and had fresh needle marks on her arms when police came, was not charged, but DCF again took custody of Kaylee, who began the least documented period of her short life.
Coughlin was arrested in December 2004 for aggravated assault for a road rage incident in which she allegedly pointed a gun at another driver. She entered a court-ordered rehab program, but quickly failed and ended up in prison.
Kaylee moved in with Charlene Hodge for the first time. The Hodges are a large Bonifay family made larger by the many children they have fostered over the years, but not too large to take Kaylee in 2004.
With the exception of a few months spent with another relative in Michigan, Kaylee spent the next year-and-a half with the Hodges.
“My family just considered her a part of our family,” Hodge said. “She just felt at home at our house.”
When she left the Hodges’ home, Kaylee moved in with Sunny Rice, who was appointed Kaylee’s caretaker in February 2007, about six months before Coughlin’s release from prison.
In December 2008, DCF received the first report regarding Kaylee in more than four years. Rice, then 71 years old, had fallen and broken her hip. She had been hospitalized and wouldn’t be capable of caring for herself, let alone a 9-year-old girl, for at least six months. Kaylee had been staying with various friends, mainly Sean and Melinda Hall.
The Halls didn’t mind looking after Kaylee, and Judge Elijah Smiley ordered Kaylee be placed with the family. Coughlin was allowed supervised visitation.
Coughlin was released from prison in August 2007. She was off drugs and determined to resume her life with the only child she had left.
She completed parenting courses, a mental health assessment, domestic violence awareness courses and substance abuse treatment. She paid child support. Her visits required supervision.
In May 2009, DCF developed a case plan with the stated goal of reuniting Coughlin and Kaylee. The law says that a child removed by the state cannot be returned until “the circumstances which caused the creation of the case plan have been significantly remedied to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or being returned to the child’s parent.”
Big Bend Community Based Care, a private company that contracts with the state to monitor cases like Kaylee’s, cited federal and state laws when it refused to provide documents of Coughlin’s drug tests, but logs of in-home visits show Coughlin passed at least nine random drug tests before and after the reunion.
During an in-home visit at Sunny Rice’s by the case worker in July 2009, just before the reunion, the case worker noted in her report that Kaylee was “chippery and happy.” Kaylee said she wanted to live with her mother.
On Aug. 13, 2009, Judge James Fensom held a hearing to get an update on Coughlin’s progress. All drug tests were clean, and DCF recommended Kaylee’s reunification with her mother. Fensom called a brief recess and went into the hall to speak privately with Kaylee. When he returned, he ordered the reunification.
Rosemary Ring was Kaylee’s Sunday school teacher and a friend of Sunny Rice, who had hired a lawyer and tried to fight the reunification. She said she went to court with Sunny that day, and she was disappointed Fensom chose to put Kaylee with Coughlin instead of Sunny, who had taken the child to church, dance lessons and tennis lessons.
“Sunny was a good and moral person and she would have seen to K.K.’s care,” Ring said. “Courts don’t look at the moral aspect of it.”
Kaylee had been more or less born into the system. By her first birthday, Kaylee had been removed from home by child protection teams and returned. DCF had investigated allegations that Kaylee had been exposed to drugs or family violence five times before her second birthday, and investigators often found at least some indication the allegations were true.
Of course, just as often there was no evidence to support the allegations, the DCF is required to conduct investigations in any case, said Courtney Peel, operations manager for DCF in Bay County.
DCF has goals that at times seem to be in conflict. One is to protect children, and the other is to keep families together.
“It is, and I guess it should be, difficult to terminate a parent’s rights,” Fensom said.
A child must be in immediate danger for the DCF to take steps toward taking the child from the parents. Even then, DCF doesn’t have the authority to remove them; that decision must be made by a judge in a shelter hearing.
“Some judges are hesitant to work as a dependency judge because of the reality: some cases go bad,” said Fensom, who said Kaylee’s case isn’t the only one where a child has died as a result of abuse or neglect. It’s not even the most egregious — just the most public.
The work of a dependency court judge is difficult and emotional, Fensom said, because “everyone’s doing their best, then the case goes bad.”
After she won her daughter back, Coughlin remained under supervision of Big Bend Community Based Care. Case agents performed in-home visits for six months after the reunification to see Kaylee and ensure Coughlin was seeing to her needs. They also administered drug tests.
“She was doing extremely well, I thought,” Ray Rice said. “I was actually proud of her.”
Coughlin remembers exactly the day she relapsed. After seven years drug-free, four of which she spent in prison, she started taking painkillers May 14, 2010. It had been about three months since she had passed her final drug test and her case was closed. DCF no longer had the authority to compel a drug test.
She was despondent. Her girlfriend kicked her out of their apartment and Coughlin, who was almost immediately shooting up powerful narcotic painkillers, stole her checkbook on her way out the door. Within a month, she had attempted suicide and been committed.
“That’s what I want, for the suffering to stop,” Coughlin wrote in a suicide note to her ex-girlfriend. “I know that everyone will be better off with me out of their lives. I’m sorry for the pain I caused you. … I will never forgive myself for it coming to this.”
The day before she had allegedly stolen some painkillers from Sunny, and six months later the criminal charges were starting to stack up. She was arrested in February for grand theft and uttering a forged instrument for allegedly writing bad checks from her ex’s checkbook.
In March, Coughlin was arrested after she sold four oxycodone pills to a confidential police informant. Bob and Jacqui Coughlin, the grandparents who had raised Coughlin since childhood while her mother drank herself to death, let her sit in jail for two weeks, hoping she might sober up again.
During this period, Bob Coughlin and Charlene Hodge had several discussions about moving Kaylee back in with the Hodges. They both agreed it was best for Kaylee, and it was best to do it over the summer so she wouldn’t have to change schools mid-year, but Courtney Coughlin wouldn’t go for it.
“I had talked to Courtney several times in recent months about giving K.K. up, but she refused to consider it,” Bob Coughlin said. “We still knew we had to do something with her before too long.”
Hodge remembers a long conversation with the Coughlins just before Kaylee finished sixth grade. She didn’t go into details but she said she felt very strongly that Kaylee needed to come live with her again.
“Let’s just say that I kept talking to Kaylee and she was not a happy little girl. Her life was upside down,” Hodge said. “If they needed us, we would be there for them. A child’s security means everything.”
Everyone around Coughlin could tell she was falling apart. From his prison cell, Rice would call Kaylee and ask her if Coughlin was using. Kaylee said she wasn’t, but he felt she was either covering for her mother or didn’t know. He considered reporting Coughlin to DCF, but he didn’t.
“I knew Courtney was messing up. I knew she was on drugs,” he said. “I didn’t want Kaylee to be mad at me for taking her away.”
On July 11, Coughlin was trying to cash a check that wasn’t hers. Police came to the Lynn Haven bank and pinned her in, but she stomped the accelerator and took off. She made it less than a mile.
From the wreckage of the car, investigators recovered purses and checkbooks that belonged to other women. They also found needles and a blackened spoon that tested positive for narcotics.
Two days later at Sacred Heart, staff busied themselves making arrangements with Coughlin and Rice for permission to allow their daughter’s organs to be donated. Knowing Kaylee’s heart still beats in the chest of another child is a comfort to Rice.
“I know Kaylee would’ve wanted that because she was such a sweet girl,” he said.
He’s torn up that he wasn’t there for his little girl. He used to apologize to her over the phone from the prison until she’d forgive him.
“ ‘Daddy stop already; stop that. I forgive you,’ ” he remembered her as saying. “That meant a lot, especially now; I’m so glad that she said that.”
Momma Hodge, as Kaylee referred to her, went in to be with Kaylee while the rest of her family waited in the lobby.
“I just wanted to get to her and hold her hand and let her know that I was there,” Hodge said. “I was the only one with her.”
Doctors and nurses watched with tears in their eyes. For hours after the machines that had kept Kaylee alive were turned off, Hodge was there.
Source http://www.newsherald.com/news/state-99695-died-editor.html
Editor’s note: This story is based on interviews with friends and family of Kaylee Rice, people involved in the juvenile dependency system, and hundreds of pages of records from the Department of Children and Families, Big Bend Community Based Care, criminal and civil court files, and law enforcement.
PANAMA CITY BEACH — Even as her life descended into a spiral of abuse and addiction, Courtney Coughlin was determined to keep her daughter, Kaylee Ann Rice.
Coughlin gave up two other kids for adoption, an older girl and a younger boy, and Kaylee was removed from her care by the state on more than one occasion. Still, Coughlin fought to keep Kaylee.
Once she succeeded, said one woman who knew Kaylee, the child never stood a chance.
Kaylee was airlifted to Sacred Heart Children’s Hospital in the hours after a July 11, 2011, car accident in Lynn Haven. She and mother Courtney Coughlin, a drug addict and ex-convict with a long criminal history, were not wearing seat belts. Coughlin’s facial muscles were pulled from her crushed skull, and she had missing teeth and limited vision in one eye.
Kaylee fared worse.
Twelve hours after the crash, an investigator with the Florida Department of Children and Families (DCF) filed a preliminary report of the findings of an investigation. The investigator interviewed only doctors; Kaylee was unconscious, father Ray Rice was in prison and her mother was in the hospital on her way to jail, where she would remain until she was sentenced to 25 years in prison. The investigator was there to assess the risk to Kaylee.
“The overall safety assessment at this time is low as it pertains to the parent/caregiver not having access for further abuse/neglect to the child. However, risk is increased due to the injuries Kaylee has sustained and her current condition may potentially be fatal.”
The report documented the 18th and final time DCF had investigated allegations Kaylee had been abused or neglected.
Coughlin and Rice met in the late ’90s when they were kicking around the beach, hanging out in clubs, partying and getting into drugs. Back then it was pot and valium; later it was meth and painkillers. They had dated about a month when Coughlin showed up with a small child, Rice remembered during an interview with The News Herald.
Both were more interested in partying than parenthood, and Coughlin decided to give her daughter up for adoption. The adoption was a strain on the relationship. Rice said he started thinking, “This chick might be crazy.”
She knew how to push his buttons, and “sometimes I would try to control her,” said Rice, who was arrested several times for domestic violence. “I’m not an angel by any means.”
Coughlin was pregnant again in December 1998 when she applied for a restraining order the day after one incident. She withdrew the request a week later.
“I lost one child, kind of, you know — that’s how I felt about it — and I was giving her something better,” Coughlin said in an interview. “… I wanted Kaylee to have both of her parents there, you know, just a normal upbringing. I wanted to give her everything I didn’t have.”
Six months later, on July 10, 1999, Kaylee Rice was born in a Bay County hospital to 21-year-old Rice and 23-year-old Coughlin. It was only a matter of months before the complaints to the police and the DCF began pouring in.
Both Rice and Coughlin were involved in a major meth manufacturing case in 2004 after Rice’s mother, Yurdanur “Sunny” Rice, took a trunk with a meth lab and more than 1,000 grams of meth oil to the dump at her son’s request. The meth had belonged to one of Ray Rice’s roommates. He had allowed the roommate to cook meth at his place, but he said he never cooked meth himself and court records support him.
He ended up in a federal prison. Coughlin, who was jittery and had fresh needle marks on her arms when police came, was not charged, but DCF again took custody of Kaylee, who began the least documented period of her short life.
Coughlin was arrested in December 2004 for aggravated assault for a road rage incident in which she allegedly pointed a gun at another driver. She entered a court-ordered rehab program, but quickly failed and ended up in prison.
Kaylee moved in with Charlene Hodge for the first time. The Hodges are a large Bonifay family made larger by the many children they have fostered over the years, but not too large to take Kaylee in 2004.
With the exception of a few months spent with another relative in Michigan, Kaylee spent the next year-and-a half with the Hodges.
“My family just considered her a part of our family,” Hodge said. “She just felt at home at our house.”
When she left the Hodges’ home, Kaylee moved in with Sunny Rice, who was appointed Kaylee’s caretaker in February 2007, about six months before Coughlin’s release from prison.
In December 2008, DCF received the first report regarding Kaylee in more than four years. Rice, then 71 years old, had fallen and broken her hip. She had been hospitalized and wouldn’t be capable of caring for herself, let alone a 9-year-old girl, for at least six months. Kaylee had been staying with various friends, mainly Sean and Melinda Hall.
The Halls didn’t mind looking after Kaylee, and Judge Elijah Smiley ordered Kaylee be placed with the family. Coughlin was allowed supervised visitation.
Coughlin was released from prison in August 2007. She was off drugs and determined to resume her life with the only child she had left.
She completed parenting courses, a mental health assessment, domestic violence awareness courses and substance abuse treatment. She paid child support. Her visits required supervision.
In May 2009, DCF developed a case plan with the stated goal of reuniting Coughlin and Kaylee. The law says that a child removed by the state cannot be returned until “the circumstances which caused the creation of the case plan have been significantly remedied to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or being returned to the child’s parent.”
Big Bend Community Based Care, a private company that contracts with the state to monitor cases like Kaylee’s, cited federal and state laws when it refused to provide documents of Coughlin’s drug tests, but logs of in-home visits show Coughlin passed at least nine random drug tests before and after the reunion.
During an in-home visit at Sunny Rice’s by the case worker in July 2009, just before the reunion, the case worker noted in her report that Kaylee was “chippery and happy.” Kaylee said she wanted to live with her mother.
On Aug. 13, 2009, Judge James Fensom held a hearing to get an update on Coughlin’s progress. All drug tests were clean, and DCF recommended Kaylee’s reunification with her mother. Fensom called a brief recess and went into the hall to speak privately with Kaylee. When he returned, he ordered the reunification.
Rosemary Ring was Kaylee’s Sunday school teacher and a friend of Sunny Rice, who had hired a lawyer and tried to fight the reunification. She said she went to court with Sunny that day, and she was disappointed Fensom chose to put Kaylee with Coughlin instead of Sunny, who had taken the child to church, dance lessons and tennis lessons.
“Sunny was a good and moral person and she would have seen to K.K.’s care,” Ring said. “Courts don’t look at the moral aspect of it.”
Kaylee had been more or less born into the system. By her first birthday, Kaylee had been removed from home by child protection teams and returned. DCF had investigated allegations that Kaylee had been exposed to drugs or family violence five times before her second birthday, and investigators often found at least some indication the allegations were true.
Of course, just as often there was no evidence to support the allegations, the DCF is required to conduct investigations in any case, said Courtney Peel, operations manager for DCF in Bay County.
DCF has goals that at times seem to be in conflict. One is to protect children, and the other is to keep families together.
“It is, and I guess it should be, difficult to terminate a parent’s rights,” Fensom said.
A child must be in immediate danger for the DCF to take steps toward taking the child from the parents. Even then, DCF doesn’t have the authority to remove them; that decision must be made by a judge in a shelter hearing.
“Some judges are hesitant to work as a dependency judge because of the reality: some cases go bad,” said Fensom, who said Kaylee’s case isn’t the only one where a child has died as a result of abuse or neglect. It’s not even the most egregious — just the most public.
The work of a dependency court judge is difficult and emotional, Fensom said, because “everyone’s doing their best, then the case goes bad.”
After she won her daughter back, Coughlin remained under supervision of Big Bend Community Based Care. Case agents performed in-home visits for six months after the reunification to see Kaylee and ensure Coughlin was seeing to her needs. They also administered drug tests.
“She was doing extremely well, I thought,” Ray Rice said. “I was actually proud of her.”
Coughlin remembers exactly the day she relapsed. After seven years drug-free, four of which she spent in prison, she started taking painkillers May 14, 2010. It had been about three months since she had passed her final drug test and her case was closed. DCF no longer had the authority to compel a drug test.
She was despondent. Her girlfriend kicked her out of their apartment and Coughlin, who was almost immediately shooting up powerful narcotic painkillers, stole her checkbook on her way out the door. Within a month, she had attempted suicide and been committed.
“That’s what I want, for the suffering to stop,” Coughlin wrote in a suicide note to her ex-girlfriend. “I know that everyone will be better off with me out of their lives. I’m sorry for the pain I caused you. … I will never forgive myself for it coming to this.”
The day before she had allegedly stolen some painkillers from Sunny, and six months later the criminal charges were starting to stack up. She was arrested in February for grand theft and uttering a forged instrument for allegedly writing bad checks from her ex’s checkbook.
In March, Coughlin was arrested after she sold four oxycodone pills to a confidential police informant. Bob and Jacqui Coughlin, the grandparents who had raised Coughlin since childhood while her mother drank herself to death, let her sit in jail for two weeks, hoping she might sober up again.
During this period, Bob Coughlin and Charlene Hodge had several discussions about moving Kaylee back in with the Hodges. They both agreed it was best for Kaylee, and it was best to do it over the summer so she wouldn’t have to change schools mid-year, but Courtney Coughlin wouldn’t go for it.
“I had talked to Courtney several times in recent months about giving K.K. up, but she refused to consider it,” Bob Coughlin said. “We still knew we had to do something with her before too long.”
Hodge remembers a long conversation with the Coughlins just before Kaylee finished sixth grade. She didn’t go into details but she said she felt very strongly that Kaylee needed to come live with her again.
“Let’s just say that I kept talking to Kaylee and she was not a happy little girl. Her life was upside down,” Hodge said. “If they needed us, we would be there for them. A child’s security means everything.”
Everyone around Coughlin could tell she was falling apart. From his prison cell, Rice would call Kaylee and ask her if Coughlin was using. Kaylee said she wasn’t, but he felt she was either covering for her mother or didn’t know. He considered reporting Coughlin to DCF, but he didn’t.
“I knew Courtney was messing up. I knew she was on drugs,” he said. “I didn’t want Kaylee to be mad at me for taking her away.”
On July 11, Coughlin was trying to cash a check that wasn’t hers. Police came to the Lynn Haven bank and pinned her in, but she stomped the accelerator and took off. She made it less than a mile.
From the wreckage of the car, investigators recovered purses and checkbooks that belonged to other women. They also found needles and a blackened spoon that tested positive for narcotics.
Two days later at Sacred Heart, staff busied themselves making arrangements with Coughlin and Rice for permission to allow their daughter’s organs to be donated. Knowing Kaylee’s heart still beats in the chest of another child is a comfort to Rice.
“I know Kaylee would’ve wanted that because she was such a sweet girl,” he said.
He’s torn up that he wasn’t there for his little girl. He used to apologize to her over the phone from the prison until she’d forgive him.
“ ‘Daddy stop already; stop that. I forgive you,’ ” he remembered her as saying. “That meant a lot, especially now; I’m so glad that she said that.”
Momma Hodge, as Kaylee referred to her, went in to be with Kaylee while the rest of her family waited in the lobby.
“I just wanted to get to her and hold her hand and let her know that I was there,” Hodge said. “I was the only one with her.”
Doctors and nurses watched with tears in their eyes. For hours after the machines that had kept Kaylee alive were turned off, Hodge was there.
Source http://www.newsherald.com/news/state-99695-died-editor.html
Saturday, January 7, 2012
Nurse arrested for alleged child abuse - Indiana
LINTON, Ind (WTHI) - A Bloomington, Indiana woman arrested on charges of child abuse.
Linton Indiana police arrested 52 year old Susan R. Johnson Wednesday.
Johnson, a home healthcare nurse, allegedly abused a disabled Linton, Indiana child under her care. According to police reports the child's parent's contacted police when they suspected child abuse and neglect by a healthcare nurse.
Police allege that Johnson caused both physical harm resulting in injury and neglect by not giving medication when perscribed.
Johnson is being held in the Greene County jail on $4,000 dollars cash only with no 10 percent.
Source http://www.wthitv.com/dpp/news/crime/nurse-arrested-for-alleged-child-abuse
Linton Indiana police arrested 52 year old Susan R. Johnson Wednesday.
Johnson, a home healthcare nurse, allegedly abused a disabled Linton, Indiana child under her care. According to police reports the child's parent's contacted police when they suspected child abuse and neglect by a healthcare nurse.
Police allege that Johnson caused both physical harm resulting in injury and neglect by not giving medication when perscribed.
Johnson is being held in the Greene County jail on $4,000 dollars cash only with no 10 percent.
Source http://www.wthitv.com/dpp/news/crime/nurse-arrested-for-alleged-child-abuse
N.J. Assembly panel approves bill to broaden how DYFS investigators define child abuse
By Susan K. Livio/Statehouse Bureau
TRENTON — After the deaths last year of two girls whose parents were not deemed a threat by the Division of Youth and Family Services, an Assembly panel approved a bill Thursday that would broaden how investigators define child abuse in New Jersey.
The measure (A-4109/S1570), which was unanimously approved by the Assembly Human Services Committee, must be approved by the full Assembly no later than Tuesday morning, when the two-year legislative session draws to a close. The Senate has already approved it.
Under the proposed bill, agency investigators could choose among three findings when determining whether there is a valid abuse complaint instead of the current two, which some say limits the ability to protect children.
The proposed measure would allow investigators to "substantiate" a claim if there was sufficient evidence, consider it "unfounded" if no safety risk was detected, or select a new third option — "not substantiated." That would apply if there was not enough evidence to support a complaint, but investigators suspected the child was still "placed at substantial risk of harm."
The families of both children had been investigated for abuse and neglect, but a number of times DYFS workers considered the concerns "unfounded."
Since 2004, the term "unfounded" has held two meanings — no evidence of abuse, or some evidence but not enough to make a solid case. The state dropped the "unsubstantiated with concerns" category out of concern that investigators were not gathering enough facts to make a valid decision.
"Hopefully this legislation will help investigators capture a sizeable portion of abuse cases that might otherwise fall through the cracks," said Assemblywoman Valerie Vainieri Huttle (D-Bergen), the committee chairwoman who was a sponsor of the bill.
Jesse Moskowitz, a retired assistant director of DYFS, said passage of the measure by the panel "represents an acknowledgement that a well-intended but flawed change six years ago required correction and clarification in order to accurately classify child abuse or neglect findings."
Support for the bill is not unanimous.
"They should be focusing on clarifying policy and improving quality of investigations so that they make good determinations, not feel comfortable with an inconclusive category," Judith Meltzer, a court-appointed monitor who is overseeing an overhaul of the state’s child welfare system, said afterward.
A representative from the Communications Workers of America Local 1038, representing 3,000 DYFS employees, testified in support the bill, but at the same time asked the committee to look into an increasing number of caseloads investigators are handling but the agency is hiding.
The representative, Cataherine Donatos, said the agency was trying to conceal the number of cases out of concern that the judge who ordered the overhaul would find the state out of compliance and order sanctions.
She said that in one DYFS office, 27 workers who investigate child abuse exceeded the court-imposed limit of 12 cases a month, with some juggling 15 to 21 cases.
She added that some cases were transferred to other professionals on paper, but that that staffers were still doing the work and that those who did not find a way to lower casesloads were disciplined.
Donatos said that after the union filed a grievance, the agency transferred six workers and hired a supervisor.
A spokeswoman for DYFS, Leida Arce, said transferring cases to other staff when the workload increased was "a common practice" because everyone is trained in investigations.
Source http://www.nj.com/news/index.ssf/2012/01/assembly_panel_approves_bill_t_2.html
TRENTON — After the deaths last year of two girls whose parents were not deemed a threat by the Division of Youth and Family Services, an Assembly panel approved a bill Thursday that would broaden how investigators define child abuse in New Jersey.
The measure (A-4109/S1570), which was unanimously approved by the Assembly Human Services Committee, must be approved by the full Assembly no later than Tuesday morning, when the two-year legislative session draws to a close. The Senate has already approved it.
Under the proposed bill, agency investigators could choose among three findings when determining whether there is a valid abuse complaint instead of the current two, which some say limits the ability to protect children.
The proposed measure would allow investigators to "substantiate" a claim if there was sufficient evidence, consider it "unfounded" if no safety risk was detected, or select a new third option — "not substantiated." That would apply if there was not enough evidence to support a complaint, but investigators suspected the child was still "placed at substantial risk of harm."
The families of both children had been investigated for abuse and neglect, but a number of times DYFS workers considered the concerns "unfounded."
Since 2004, the term "unfounded" has held two meanings — no evidence of abuse, or some evidence but not enough to make a solid case. The state dropped the "unsubstantiated with concerns" category out of concern that investigators were not gathering enough facts to make a valid decision.
"Hopefully this legislation will help investigators capture a sizeable portion of abuse cases that might otherwise fall through the cracks," said Assemblywoman Valerie Vainieri Huttle (D-Bergen), the committee chairwoman who was a sponsor of the bill.
Jesse Moskowitz, a retired assistant director of DYFS, said passage of the measure by the panel "represents an acknowledgement that a well-intended but flawed change six years ago required correction and clarification in order to accurately classify child abuse or neglect findings."
Support for the bill is not unanimous.
"They should be focusing on clarifying policy and improving quality of investigations so that they make good determinations, not feel comfortable with an inconclusive category," Judith Meltzer, a court-appointed monitor who is overseeing an overhaul of the state’s child welfare system, said afterward.
A representative from the Communications Workers of America Local 1038, representing 3,000 DYFS employees, testified in support the bill, but at the same time asked the committee to look into an increasing number of caseloads investigators are handling but the agency is hiding.
The representative, Cataherine Donatos, said the agency was trying to conceal the number of cases out of concern that the judge who ordered the overhaul would find the state out of compliance and order sanctions.
She said that in one DYFS office, 27 workers who investigate child abuse exceeded the court-imposed limit of 12 cases a month, with some juggling 15 to 21 cases.
She added that some cases were transferred to other professionals on paper, but that that staffers were still doing the work and that those who did not find a way to lower casesloads were disciplined.
Donatos said that after the union filed a grievance, the agency transferred six workers and hired a supervisor.
A spokeswoman for DYFS, Leida Arce, said transferring cases to other staff when the workload increased was "a common practice" because everyone is trained in investigations.
Source http://www.nj.com/news/index.ssf/2012/01/assembly_panel_approves_bill_t_2.html
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
Friday, December 2, 2011
Judge rules two of three civil rights claims lacking in foster care case - Oklahoma
By DAVID HARPER
A Tulsa federal judge threw out two of three civil rights claims on Thursday in a class-action lawsuit that seeks changes in Oklahoma's foster-care system.
The plaintiffs, however, claimed to be happy with the decision because their "core claim" is still alive.
U.S. District Judge Gregory Frizzell allowed a cause of action dealing with foster children's due process rights to be free from harm - and risk of harm - to survive, but he granted the defense's motions for summary judgment on two other constitutional claims.
The lawsuit was filed against various Oklahoma Department of Human Services officials in February 2008 by Children's Rights, a national child-advocacy group based in New York, and five law firms.
The original plaintiffs were nine children who allegedly had suffered in DHS placements. The case has since become a class-action lawsuit, with thousands of children in DHS custody as plaintiffs.
"This decision is a huge victory for Children's Rights as well as the abused and neglected children in Oklahoma's DHS," Marcia Robinson Lowry, executive director of Children's Rights, said Thursday evening. "The federal court in Oklahoma has sustained our core claim in today's decision, that children are either being subject to harm or at risk of harm while in state custody."
However, Donald Bingham, an attorney for the defense, said it is important to note that Frizzell did not rule on the merits of the case, finding only that the plaintiffs' side had introduced enough evidence that will "entitle it to its day in court" in February.
Frizzell wrote: "The court concludes plaintiffs have presented proof sufficient to create a genuine dispute of material fact whether defendants' policies, practices and procedures violate plaintiffs' substantive due process right to be reasonably safe from harm."
Frizzell found that the "plaintiffs have presented evidence - albeit disputed - that defendants' oversight of the DHS foster program is so inadequate as to give rise to a question of material fact whether defendants have abdicated their professional judgment."
Also, the judge wrote that experts on both sides of the case, as well as senior DHS managers, "all agree that excessive caseloads, missed visits between case workers and children and inadequate investigations of abuse and neglect pose a threat to the safety of foster children and that inadequate placement options, excessive use of shelters and frequent placement moves threaten the psychological and emotional health of children."
Frizzell wrote that plaintiffs had presented evidence that from 2002 through 2008, the reported rate of abuse or neglect of Oklahoma foster children has been 1.54 to 3.97 times greater than the national rate.
Oklahoma had one of the five highest reported rates in the country during that time, Frizzell wrote.
The judge threw out the plaintiffs' claim that the defendants' policies, practices and procedures interfere with the children's First, Ninth and 14th Amendment liberty and privacy rights.
The plaintiffs asserted that, while DHS policy requires visits between parents and children as well as placement of siblings together whenever possible, the agency's records from 2008 to 2010 reflected that less than 15 percent of visits due between foster children and their biological parents were completed. The plaintiffs also alleged that DHS has a routine practice of separating siblings in custody.
Frizzell wrote that granting the defense's motion for summary judgment on the claim was appropriate because, while individual children can establish acts by DHS workers that have violated their right of familial association, a class-wide deprivation cannot be proven.
The judge noted that the DHS officials sued in the case do not deal with foster children directly. He wrote that, at most, the evidence might support a conclusion that the defendants failed to adequately supervise workers who were charged with the responsibility of ensuring that parent-child visitation occurred.
Frizzell also ruled for the defense on a claim alleging violations of Oklahoma statutes pertaining to the procedural rights of foster children.
The judge wrote that it is impossible for the class as a whole to establish a key element of such a claim because most children's procedural due process rights have not been violated.
Frizzell noted that while the plaintiffs argue that all members are "at risk," they cited no legal authority that such a status meets the requirements for establishing a violation of relevant Fifth and 14th Amendment rights.
The trial, which won't involve a jury, is set for Feb. 21 and is expected to last about four weeks.
Neither side plans to appeal Thursday's mixed ruling.
Source http://www.tulsaworld.com/news/article.aspx?subjectid=14&articleid=20111202_14_A1_CUTLIN528313
A Tulsa federal judge threw out two of three civil rights claims on Thursday in a class-action lawsuit that seeks changes in Oklahoma's foster-care system.
The plaintiffs, however, claimed to be happy with the decision because their "core claim" is still alive.
U.S. District Judge Gregory Frizzell allowed a cause of action dealing with foster children's due process rights to be free from harm - and risk of harm - to survive, but he granted the defense's motions for summary judgment on two other constitutional claims.
The lawsuit was filed against various Oklahoma Department of Human Services officials in February 2008 by Children's Rights, a national child-advocacy group based in New York, and five law firms.
The original plaintiffs were nine children who allegedly had suffered in DHS placements. The case has since become a class-action lawsuit, with thousands of children in DHS custody as plaintiffs.
"This decision is a huge victory for Children's Rights as well as the abused and neglected children in Oklahoma's DHS," Marcia Robinson Lowry, executive director of Children's Rights, said Thursday evening. "The federal court in Oklahoma has sustained our core claim in today's decision, that children are either being subject to harm or at risk of harm while in state custody."
However, Donald Bingham, an attorney for the defense, said it is important to note that Frizzell did not rule on the merits of the case, finding only that the plaintiffs' side had introduced enough evidence that will "entitle it to its day in court" in February.
Frizzell wrote: "The court concludes plaintiffs have presented proof sufficient to create a genuine dispute of material fact whether defendants' policies, practices and procedures violate plaintiffs' substantive due process right to be reasonably safe from harm."
Frizzell found that the "plaintiffs have presented evidence - albeit disputed - that defendants' oversight of the DHS foster program is so inadequate as to give rise to a question of material fact whether defendants have abdicated their professional judgment."
Also, the judge wrote that experts on both sides of the case, as well as senior DHS managers, "all agree that excessive caseloads, missed visits between case workers and children and inadequate investigations of abuse and neglect pose a threat to the safety of foster children and that inadequate placement options, excessive use of shelters and frequent placement moves threaten the psychological and emotional health of children."
Frizzell wrote that plaintiffs had presented evidence that from 2002 through 2008, the reported rate of abuse or neglect of Oklahoma foster children has been 1.54 to 3.97 times greater than the national rate.
Oklahoma had one of the five highest reported rates in the country during that time, Frizzell wrote.
The judge threw out the plaintiffs' claim that the defendants' policies, practices and procedures interfere with the children's First, Ninth and 14th Amendment liberty and privacy rights.
The plaintiffs asserted that, while DHS policy requires visits between parents and children as well as placement of siblings together whenever possible, the agency's records from 2008 to 2010 reflected that less than 15 percent of visits due between foster children and their biological parents were completed. The plaintiffs also alleged that DHS has a routine practice of separating siblings in custody.
Frizzell wrote that granting the defense's motion for summary judgment on the claim was appropriate because, while individual children can establish acts by DHS workers that have violated their right of familial association, a class-wide deprivation cannot be proven.
The judge noted that the DHS officials sued in the case do not deal with foster children directly. He wrote that, at most, the evidence might support a conclusion that the defendants failed to adequately supervise workers who were charged with the responsibility of ensuring that parent-child visitation occurred.
Frizzell also ruled for the defense on a claim alleging violations of Oklahoma statutes pertaining to the procedural rights of foster children.
The judge wrote that it is impossible for the class as a whole to establish a key element of such a claim because most children's procedural due process rights have not been violated.
Frizzell noted that while the plaintiffs argue that all members are "at risk," they cited no legal authority that such a status meets the requirements for establishing a violation of relevant Fifth and 14th Amendment rights.
The trial, which won't involve a jury, is set for Feb. 21 and is expected to last about four weeks.
Neither side plans to appeal Thursday's mixed ruling.
Source http://www.tulsaworld.com/news/article.aspx?subjectid=14&articleid=20111202_14_A1_CUTLIN528313
Wednesday, November 30, 2011
Number of American Indian children in foster care worries tribal leaders - Minnesota
by Sasha Aslanian
St. Paul, Minn. — Each year about 1,500 American Indian children in Minnesota spend time in foster care or other out-of-home-care, often after allegations of neglect or substance abuse by a parent.
In Minnesota, American Indian children are 14 times more likely to be placed in out-of-home care than white children - the widest such gap in the nation. Officials place 66 percent of the children with relatives or with American Indian foster families.
Even as the total number of Minnesota children in foster care dropped 44 percent in the last decade, the number of American Indian children placed in foster care dropped by only 16 percent.
That worries tribal officials like Erma Vizenor, chairwoman of the White Earth Band of Ojibwe. She said the tribes should be able to determine which of their families need intervention, and what kind.
"When we do not have the decision making and the authority and the control to determine what is best for them, it has become a major concern," Vizenor said.
Aiming to reduce the break-up of Indian families, the White Earth and the Leech Lake band of Ojibwe have taken over responsibility for child welfare on tribal lands. Now the White Earth, Minnesota's largest tribe, is now preparing to care for its children living hundreds of miles away in Hennepin County.
High poverty among American Indian families makes it more difficult to meet a child's basic needs, but that doesn't completely explain why Indian children are much more likely to be removed from their parents' care.
The tribes have questioned whether racial bias is a factor in such decisions, and they've worked with state officials to develop training for county workers to reduce bias in deciding which cases to investigate. The training also seeks to help outsiders understand the traditional role extended families play in raising Indian children.
Dawn Blanchard, the state's ombudsperson for American Indian Families, said removing American Indian children from their homes is "a daily reality."
Blanchard sorts cases into those she can solve over the phone, and those that require an investigation. She reports wide variation in how well counties follow a federal law designed to keep Indian children with other family members, or to at least place them with an Indian foster family.
Blanchard said the most common complaints she handles are disagreements between county social workers and tribes over where children should go.
"The tribe will say we want them to go to Aunt Betty and the county will say, 'we have problems with Aunt Betty. We think that she's not a good person,' " Blanchard said. "Maybe she's too old. 'We've heard' — that's a big one 'we've heard that she's drinking.' Is it substantiated? Do we know for sure if she has a history of drinking or was it 10 or 15 years ago and she's cleaned up her life now?"
Representatives of Minnesota's 11 tribes were so concerned that the needs of their children were not adequately addressed that late last year they sent letters to then-Gov. Tim Pawlenty and Gov.-elect Mark Dayton requesting immediate action to address the problem.
White Earth tribal officials want to take on responsibility for the tribe's children in Hennepin County, hundreds of miles south of the reservation. White Earth children make up a quarter of Hennepin County's American Indian caseload, or about 2 percent of the county's overall cases.
Margaret Thunder, a program manager for Hennepin County child protection, is enthusiastic about the tribe's effort.
"I think it's a huge deal," said Thunder, a member of the Red Lake band of Ojibwe. "They will have 100-percent say. Not that they don't already have a fair percent."
Tribes do have a seat at the table in child protection cases.
The 1978 federal Indian Child Welfare Act requires tribes be notified and involved in decision-making for their children. Hennepin County, with its large urban Indian population, has a high volume of these cases. The county gets high marks for complying with the act, and that's one of the reasons White Earth officials believe addressing the needs of the tribe's children there is a next logical step.
Transferring such cases to the tribe would give it complete control over American Indian cases such as a recent one heard in juvenile court.
Four children, ages 4, 2, 1 and one month, were placed in emergency foster care following reports that their parents were abusing drugs and neglecting the children. The parents didn't show up for the court hearing. Their father is a member of the White Earth band and their mother is enrolled in the Ho-Chunk Nation in Wisconsin.
"Her current address is technically St. Joseph's hospital where the treatment center was," said Mike Hogan, a courtroom monitor for the Minneapolis American Indian Center. "No one's quite sure where she is, even her attorney."
A Ho-Chunk attorney who joined the hearing by speaker phone said the tribe would prepare a list of relatives who could care for the children. White Earth officials agreed to let the mother's tribe take the lead, but they agreed to compile a list of paternal relatives.
A guardian ad litem said the children were doing well under the care of their foster care families.
Hogan's boss, Sheri Riemers, said the embrace of extended families offers the most hopeful outcome for children in such tough situations.
"We do believe when children are removed that their spirit is left behind," said Riemers, program director of Indian Child Welfare for the Minneapolis American Indian Center.
Other tribes around the state and around the country are watching closely.
Erin Sullivan Sutton, assistant commissioner of the state Department of Human Services, said she is not aware of another state transferring public child welfare from a state or county to a tribal system. But there are good reasons to do so, said Sutton, the state's point person on child welfare.
"We're thinking that if services can be provided in a cultural context to Indian families and by tribal agencies that there may be more success," she said.
For state and tribal officials success won't mean eliminating out-of-home placements. There will always be children who need to be removed from unsafe situations, but they hope more tribal involvement will reduce the disparate treatment of American Indian children.
Vizenor said the Hennepin County program could be the beginning of an ambitious venture to expand care for children living off the reservation.
"Without a doubt, I know we will be successful and gradually, we will phase in the metro area and eventually all our children in the state of Minnesota," she said.
White Earth and the state will present a report to the legislature in January. The timeline for the Hennepin County transfer, and the costs, are still to be determined.
Source http://minnesota.publicradio.org/display/web/2011/11/30/american-indian-children-foster-care/
St. Paul, Minn. — Each year about 1,500 American Indian children in Minnesota spend time in foster care or other out-of-home-care, often after allegations of neglect or substance abuse by a parent.
In Minnesota, American Indian children are 14 times more likely to be placed in out-of-home care than white children - the widest such gap in the nation. Officials place 66 percent of the children with relatives or with American Indian foster families.
Even as the total number of Minnesota children in foster care dropped 44 percent in the last decade, the number of American Indian children placed in foster care dropped by only 16 percent.
That worries tribal officials like Erma Vizenor, chairwoman of the White Earth Band of Ojibwe. She said the tribes should be able to determine which of their families need intervention, and what kind.
"When we do not have the decision making and the authority and the control to determine what is best for them, it has become a major concern," Vizenor said.
Aiming to reduce the break-up of Indian families, the White Earth and the Leech Lake band of Ojibwe have taken over responsibility for child welfare on tribal lands. Now the White Earth, Minnesota's largest tribe, is now preparing to care for its children living hundreds of miles away in Hennepin County.
High poverty among American Indian families makes it more difficult to meet a child's basic needs, but that doesn't completely explain why Indian children are much more likely to be removed from their parents' care.
The tribes have questioned whether racial bias is a factor in such decisions, and they've worked with state officials to develop training for county workers to reduce bias in deciding which cases to investigate. The training also seeks to help outsiders understand the traditional role extended families play in raising Indian children.
Dawn Blanchard, the state's ombudsperson for American Indian Families, said removing American Indian children from their homes is "a daily reality."
Blanchard sorts cases into those she can solve over the phone, and those that require an investigation. She reports wide variation in how well counties follow a federal law designed to keep Indian children with other family members, or to at least place them with an Indian foster family.
Blanchard said the most common complaints she handles are disagreements between county social workers and tribes over where children should go.
"The tribe will say we want them to go to Aunt Betty and the county will say, 'we have problems with Aunt Betty. We think that she's not a good person,' " Blanchard said. "Maybe she's too old. 'We've heard' — that's a big one 'we've heard that she's drinking.' Is it substantiated? Do we know for sure if she has a history of drinking or was it 10 or 15 years ago and she's cleaned up her life now?"
Representatives of Minnesota's 11 tribes were so concerned that the needs of their children were not adequately addressed that late last year they sent letters to then-Gov. Tim Pawlenty and Gov.-elect Mark Dayton requesting immediate action to address the problem.
White Earth tribal officials want to take on responsibility for the tribe's children in Hennepin County, hundreds of miles south of the reservation. White Earth children make up a quarter of Hennepin County's American Indian caseload, or about 2 percent of the county's overall cases.
Margaret Thunder, a program manager for Hennepin County child protection, is enthusiastic about the tribe's effort.
"I think it's a huge deal," said Thunder, a member of the Red Lake band of Ojibwe. "They will have 100-percent say. Not that they don't already have a fair percent."
Tribes do have a seat at the table in child protection cases.
The 1978 federal Indian Child Welfare Act requires tribes be notified and involved in decision-making for their children. Hennepin County, with its large urban Indian population, has a high volume of these cases. The county gets high marks for complying with the act, and that's one of the reasons White Earth officials believe addressing the needs of the tribe's children there is a next logical step.
Transferring such cases to the tribe would give it complete control over American Indian cases such as a recent one heard in juvenile court.
Four children, ages 4, 2, 1 and one month, were placed in emergency foster care following reports that their parents were abusing drugs and neglecting the children. The parents didn't show up for the court hearing. Their father is a member of the White Earth band and their mother is enrolled in the Ho-Chunk Nation in Wisconsin.
"Her current address is technically St. Joseph's hospital where the treatment center was," said Mike Hogan, a courtroom monitor for the Minneapolis American Indian Center. "No one's quite sure where she is, even her attorney."
A Ho-Chunk attorney who joined the hearing by speaker phone said the tribe would prepare a list of relatives who could care for the children. White Earth officials agreed to let the mother's tribe take the lead, but they agreed to compile a list of paternal relatives.
A guardian ad litem said the children were doing well under the care of their foster care families.
Hogan's boss, Sheri Riemers, said the embrace of extended families offers the most hopeful outcome for children in such tough situations.
"We do believe when children are removed that their spirit is left behind," said Riemers, program director of Indian Child Welfare for the Minneapolis American Indian Center.
Other tribes around the state and around the country are watching closely.
Erin Sullivan Sutton, assistant commissioner of the state Department of Human Services, said she is not aware of another state transferring public child welfare from a state or county to a tribal system. But there are good reasons to do so, said Sutton, the state's point person on child welfare.
"We're thinking that if services can be provided in a cultural context to Indian families and by tribal agencies that there may be more success," she said.
For state and tribal officials success won't mean eliminating out-of-home placements. There will always be children who need to be removed from unsafe situations, but they hope more tribal involvement will reduce the disparate treatment of American Indian children.
Vizenor said the Hennepin County program could be the beginning of an ambitious venture to expand care for children living off the reservation.
"Without a doubt, I know we will be successful and gradually, we will phase in the metro area and eventually all our children in the state of Minnesota," she said.
White Earth and the state will present a report to the legislature in January. The timeline for the Hennepin County transfer, and the costs, are still to be determined.
Source http://minnesota.publicradio.org/display/web/2011/11/30/american-indian-children-foster-care/
Thursday, November 17, 2011
Does Foster Care Protect Children?
by Law Journal for Social Justice at Arizona State University
November 16, 2011
by Fatima Badreddine
On Jenna’s eighteenth birthday, she arrived at her home only to discover that her foster parents had taken all of her belongings and placed them in the driveway. She stayed at a friend’s house for a few days, but she soon became homeless. Jenna had been in foster care since she was six years old and was passed around from foster home to foster home. The lack of stability in her life left her traumatized, feeling alone and unwanted. Jenna’s eighteenth birthday should have been a happy day. Instead, it was one of her most hurtful experiences, invoking a renewed sense of anguish and rejection.
Unfortunately, Jenna’s experience illustrates one of many examples of the problems associated with foster care in America. Foster care has been a traumatic experience for children, many of whom are shuffled between different foster homes. Sanda Chipungu and Tricia Bent-Goodley reported in 2004 that after about three months of being placed in a foster home, many children exhibited symptoms of “depression, aggression, or withdrawal.” In severe cases, children exhibited symptoms of “sleep disturbance, hoarding food, excessive eating, self-stimulation, rocking, or failure to thrive.”[1] Like Jenna, more than half of the former-foster children that were surveyed reported that they were not prepared to support themselves after leaving foster care.[2]
However, foster care was created as a temporary injunction to find safe havens for abused and neglected children. Foster care was not designed to be a permanent remedy for abused and neglected children. Rather, the goal was to either return the foster children to their parents, or to place the children for adoption when returning them to their families is inappropriate. However, some children have remained in foster care permanently, being shuffled among different foster homes until they reached the age of majority. This unstable and continuously evolving environment contributes to the psychological problems described by Sandra Chipungu and Tricia Bent-Goodly. Furthermore, some children have been placed in abusive foster homes, meaning that they were shuffled from one abusive or neglectful environment to another. Considering that many children have been negatively impacted by foster care, is it an appropriate method for protecting abused and neglected children?
In Arizona, the statistics for children who have been removed from their home, both temporarily and permanently, are staggering. The number of children in out-of-home care[3] increased monthly from January to June 2011. In January 2011, 10,512 children were in out-of-home care, and by June 2011, 11,082 children were in out-of-home care.[4] These statistics become more significant when compared to the length of time that children remain in out-of-home care. About 22.6% of children remain in out-of-home care for over a year, while 20.7% of children remain in the state’s care for over two years.[5] This means that over twenty percent of foster children in Arizona have not been in a permanent living arrangement for more than two years. Furthermore, the report fails to clarify how long children are in state custody beyond two years, leaving the impression that the Department is attempting to bury this important information.
Likewise, the Arizona Department of Economic Services does not include statistics regarding the mental health and emotional well-being of children under state care. As mentioned above, the longer a child is separated from his/her family and support system, the more likely he/she is to experience emotional distress. Yet, the Department excludes this information from its statistical reports, which prevents the public from reviewing whether the Department adequately meets the needs of foster children.
Unfortunately, some children in Arizona have suffered from abuse while in foster care. Arizona Child Protective Services (“CPS”) does not consistently visit all children in out-of-home care, which is an important element in preventing and reporting foster care abuse. In March 2011, CPS case managers failed to visit 17.5% of children, and licensing case managers failed to visit 11.5% of foster homes.[6] This is a significant amount of children who have not received the minimal monitoring required by the state, thereby increasing the potential for unreported abuse in foster homes and families. In fact, during a mere six month time period, from October 2010 to March 2011, two children in Arizona died while in CPS custody due to “alleged abuse.”[7] The report did not include statistics concerning the number of reported abuses that resulted in harm other than death. Furthermore, the majority of children in out-of-home care are under the age of six[8] and unlikely to have the mental and emotional capacity to understand, let alone report, abuse. Thus, the actual amount abuse inflicted on foster children in Arizona is likely higher than disclosed in the Semi-Annual Child Welfare Report.
Victims of abuse while in state custody may seek restitution through the courts, but this process is complicated by state statutes that grant sovereign immunity to government officials and employees. Although 42 U.S.C. § 1983 permits victims of foster care abuse to overcome sovereign immunity, the burden to overcome it is heavy. As a result, there is minimal litigation in the United States and Arizona involving foster care abuse.
In Weatherford ex rel. Michael v. State (2003), the Supreme Court of Arizona ruled that foster children could establish liability against state employees for abuse under 42 U.S.C. § 1983. The Court concluded that a foster child “has a right to reasonable safety while in foster care” and that this right required more than protection just from “known or obvious dangers.”[9] So, the Court expanded the previous Grubbs II test to include a negligence liability for social workers.[10]
However, a foster child still has a difficult burden to overcome. He/she must prove that: 1) the social worker was unjustified in acting “with deliberate indifference” by putting or keeping a child in foster care, when the social worker knew or should have known that the child would be exposed to danger; or, 2) the state worker deliberately ignored or refused to obtain information that placing the child in foster care would expose that child to danger, and the worker had “time to consider the placement for a foster child . . . .”[11] Furthermore, the court must consider “the totality of the circumstances” because the social worker is not liable if he/she cannot find placement for the child or is bound by “financial constraints.”[12] The totality of circumstances rule grants wide deference to social workers because the Court does not clarify what constitutes adequate time to consider or find placement. The Court also fails to specify the extent of reasonable “financial constraints.” So, although the Court expanded the state’s liability under § 1983 to include negligence, it simultaneously granted wide deference to social workers, making the plaintiff’s burden difficult to overcome.
Foster care in the United States and Arizona is in a state of chaos and confusion. Although foster care was created as a temporary tool to protect abused and neglected children, a significant amount of children in Arizona remain in foster care for over a year. A year or longer in an unstable and impermanent home environment is a considerable amount of time for a child, making it more likely that the child will develop psychological or physical harm. Until foster care is reformed to account for these issues, it should be reserved as an emergency solution for extreme cases of abuse and neglect that seriously threaten the safety and/or health of the child.
[1] Douglas Abrams & Sarah Ramsey, Children and the Law: Doctrine, Policy and Practice 439 (West, 4th ed. 2010).
[2] Id. at 440.
[3] Defined by the Arizona Department of Economic Security as the number of children in CPS custody “who require placement in a foster care setting.” Clarence H. Carter, Dep’t of Econ. Sec., Child Protective Service Bi-Annual Financial and Accountability Report, at 3 (Ariz. 2011), http://www.azdes.gov/InternetFiles/Reports/pdf/dcyf_ financial_and_program_accountability_2024_report.pdf.
[4] Id. at 3a, 3f.
[5] Clarence H. Carter, Dep’t of Econ. Sec., Child Welfare Reporting Requirements: Semi-Annual Report, at 44 (Ariz. 2011), http:// www.azdes.gov/InternetFiles/Reports/pdf/semi_annual_child_welfare_report_oct_2010_ mar_2011.pdf.
[6] Id. at 46.
[7] Id. at 58.
[8] Id. at 39.
[9] Weatherford ex rel. Michael v. State, 206 Ariz. 529, 537 (2003).
[10] Id.
[11] Id.
[12] Id. at 538.
Source http://ljsj.wordpress.com/2011/11/16/does-foster-care-protect-children/
November 16, 2011
by Fatima Badreddine
On Jenna’s eighteenth birthday, she arrived at her home only to discover that her foster parents had taken all of her belongings and placed them in the driveway. She stayed at a friend’s house for a few days, but she soon became homeless. Jenna had been in foster care since she was six years old and was passed around from foster home to foster home. The lack of stability in her life left her traumatized, feeling alone and unwanted. Jenna’s eighteenth birthday should have been a happy day. Instead, it was one of her most hurtful experiences, invoking a renewed sense of anguish and rejection.
Unfortunately, Jenna’s experience illustrates one of many examples of the problems associated with foster care in America. Foster care has been a traumatic experience for children, many of whom are shuffled between different foster homes. Sanda Chipungu and Tricia Bent-Goodley reported in 2004 that after about three months of being placed in a foster home, many children exhibited symptoms of “depression, aggression, or withdrawal.” In severe cases, children exhibited symptoms of “sleep disturbance, hoarding food, excessive eating, self-stimulation, rocking, or failure to thrive.”[1] Like Jenna, more than half of the former-foster children that were surveyed reported that they were not prepared to support themselves after leaving foster care.[2]
However, foster care was created as a temporary injunction to find safe havens for abused and neglected children. Foster care was not designed to be a permanent remedy for abused and neglected children. Rather, the goal was to either return the foster children to their parents, or to place the children for adoption when returning them to their families is inappropriate. However, some children have remained in foster care permanently, being shuffled among different foster homes until they reached the age of majority. This unstable and continuously evolving environment contributes to the psychological problems described by Sandra Chipungu and Tricia Bent-Goodly. Furthermore, some children have been placed in abusive foster homes, meaning that they were shuffled from one abusive or neglectful environment to another. Considering that many children have been negatively impacted by foster care, is it an appropriate method for protecting abused and neglected children?
In Arizona, the statistics for children who have been removed from their home, both temporarily and permanently, are staggering. The number of children in out-of-home care[3] increased monthly from January to June 2011. In January 2011, 10,512 children were in out-of-home care, and by June 2011, 11,082 children were in out-of-home care.[4] These statistics become more significant when compared to the length of time that children remain in out-of-home care. About 22.6% of children remain in out-of-home care for over a year, while 20.7% of children remain in the state’s care for over two years.[5] This means that over twenty percent of foster children in Arizona have not been in a permanent living arrangement for more than two years. Furthermore, the report fails to clarify how long children are in state custody beyond two years, leaving the impression that the Department is attempting to bury this important information.
Likewise, the Arizona Department of Economic Services does not include statistics regarding the mental health and emotional well-being of children under state care. As mentioned above, the longer a child is separated from his/her family and support system, the more likely he/she is to experience emotional distress. Yet, the Department excludes this information from its statistical reports, which prevents the public from reviewing whether the Department adequately meets the needs of foster children.
Unfortunately, some children in Arizona have suffered from abuse while in foster care. Arizona Child Protective Services (“CPS”) does not consistently visit all children in out-of-home care, which is an important element in preventing and reporting foster care abuse. In March 2011, CPS case managers failed to visit 17.5% of children, and licensing case managers failed to visit 11.5% of foster homes.[6] This is a significant amount of children who have not received the minimal monitoring required by the state, thereby increasing the potential for unreported abuse in foster homes and families. In fact, during a mere six month time period, from October 2010 to March 2011, two children in Arizona died while in CPS custody due to “alleged abuse.”[7] The report did not include statistics concerning the number of reported abuses that resulted in harm other than death. Furthermore, the majority of children in out-of-home care are under the age of six[8] and unlikely to have the mental and emotional capacity to understand, let alone report, abuse. Thus, the actual amount abuse inflicted on foster children in Arizona is likely higher than disclosed in the Semi-Annual Child Welfare Report.
Victims of abuse while in state custody may seek restitution through the courts, but this process is complicated by state statutes that grant sovereign immunity to government officials and employees. Although 42 U.S.C. § 1983 permits victims of foster care abuse to overcome sovereign immunity, the burden to overcome it is heavy. As a result, there is minimal litigation in the United States and Arizona involving foster care abuse.
In Weatherford ex rel. Michael v. State (2003), the Supreme Court of Arizona ruled that foster children could establish liability against state employees for abuse under 42 U.S.C. § 1983. The Court concluded that a foster child “has a right to reasonable safety while in foster care” and that this right required more than protection just from “known or obvious dangers.”[9] So, the Court expanded the previous Grubbs II test to include a negligence liability for social workers.[10]
However, a foster child still has a difficult burden to overcome. He/she must prove that: 1) the social worker was unjustified in acting “with deliberate indifference” by putting or keeping a child in foster care, when the social worker knew or should have known that the child would be exposed to danger; or, 2) the state worker deliberately ignored or refused to obtain information that placing the child in foster care would expose that child to danger, and the worker had “time to consider the placement for a foster child . . . .”[11] Furthermore, the court must consider “the totality of the circumstances” because the social worker is not liable if he/she cannot find placement for the child or is bound by “financial constraints.”[12] The totality of circumstances rule grants wide deference to social workers because the Court does not clarify what constitutes adequate time to consider or find placement. The Court also fails to specify the extent of reasonable “financial constraints.” So, although the Court expanded the state’s liability under § 1983 to include negligence, it simultaneously granted wide deference to social workers, making the plaintiff’s burden difficult to overcome.
Foster care in the United States and Arizona is in a state of chaos and confusion. Although foster care was created as a temporary tool to protect abused and neglected children, a significant amount of children in Arizona remain in foster care for over a year. A year or longer in an unstable and impermanent home environment is a considerable amount of time for a child, making it more likely that the child will develop psychological or physical harm. Until foster care is reformed to account for these issues, it should be reserved as an emergency solution for extreme cases of abuse and neglect that seriously threaten the safety and/or health of the child.
[1] Douglas Abrams & Sarah Ramsey, Children and the Law: Doctrine, Policy and Practice 439 (West, 4th ed. 2010).
[2] Id. at 440.
[3] Defined by the Arizona Department of Economic Security as the number of children in CPS custody “who require placement in a foster care setting.” Clarence H. Carter, Dep’t of Econ. Sec., Child Protective Service Bi-Annual Financial and Accountability Report, at 3 (Ariz. 2011), http://www.azdes.gov/InternetFiles/Reports/pdf/dcyf_ financial_and_program_accountability_2024_report.pdf.
[4] Id. at 3a, 3f.
[5] Clarence H. Carter, Dep’t of Econ. Sec., Child Welfare Reporting Requirements: Semi-Annual Report, at 44 (Ariz. 2011), http:// www.azdes.gov/InternetFiles/Reports/pdf/semi_annual_child_welfare_report_oct_2010_ mar_2011.pdf.
[6] Id. at 46.
[7] Id. at 58.
[8] Id. at 39.
[9] Weatherford ex rel. Michael v. State, 206 Ariz. 529, 537 (2003).
[10] Id.
[11] Id.
[12] Id. at 538.
Source http://ljsj.wordpress.com/2011/11/16/does-foster-care-protect-children/
Tuesday, November 8, 2011
Changes at DCF cause concern on advisory panel - Conn.
By Jacqueline Rabe Thomas
The sweeping changes the Department of Children and Families has made in recent months are drawing the ire of the agency's advisory panel, whose members--as parents, community providers, child lawyers and foster parents--are seeing first-hand the ramifications.
"You need to hear the crap that's going on," Janice Andersen, the deputy director of a Bridgeport-based group that deals with juvenile justice and other child welfare issues, told a top DCF official Monday.
It wasn't quite the reaction Fernando Muniz was expecting. He came to the meeting with a three-page update on the positive impact of keeping more children with their families, how reducing congregate care for the youngest children has played out and how the number of children living out of state has declined.
"As we have sat around this table all these years, these are all things you asked for," Muniz said in response to the harsh criticism. "Your points have been well taken."
But members of the State Advisory Council say many of the changes are causing widespread concern.
"Foster families are in absolute panic that you are sending children into unsafe homes. Just because someone shares the same genes does mean their criminal history shouldn't matter," said Laurie Landry, a therapist in Wethersfield. "What are you thinking?"
Connecticut previously had one of the lowest rates in the country of placing abused and neglected children with family members when it was determined they couldn't stay at home. Because of this, the department began waiving what Muniz describes as "the most restrictive guidelines in the country." That often includes waiving what the agency calls a non-relevant criminal record.
As a result of the changes, the number of children placed with family members increased from one in seven at the end of last year to one in five in September.
The group also said the agency's move to decrease the number of abused and neglected children with specialized needs being sent to live out-of-state--from 364 children in January to 258 in October--also is having some harmful affects.
"They may be coming home, but we aren't prepared for them," said Betsy Palmer-Ehrenfeld, who coordinates a network of foster homes for special-needs children across the state. She says the money is not available to ensure appropriate treatment for children with severe behavioral issues such as cutting themselves or exhibiting problem sexual behavior.
Muniz said many of those that were living out-of-state aged out of care, some went home and others were placed in facilities in the state. He said about half of the applications to place a child out-of-state have been rejected since the start of the year.
Anderson, who is the chairwoman of the advisory panel, also complained that parents continue to be treated poorly by DCF, despite the agency's ending surprise visits in response to allegations of abuse and neglect.
"There's a huge elephant in this room we have to talk about," she said. "You are not really trying to get parents and families involved." She cited advice the department is giving school districts in the Bridgeport region on how to handle a situation when they suspect a child is not getting the health care they require. "They are being told to report the parent for medical neglect. You should be helping them find the help."
Muniz responded that there would undoubtedly be hiccups in implementing such sweeping changes, but reminded the group that it is the agency's job to make sure children are safe.
"We are only here for abuse and neglect," he said. "DCF is not intended to be a poverty help program."
That upset Karen Hanson, a coordinator for child services at Yale's Child Study Center.
"You are going to send them to 2-1-1 and the Department of Social Services. Give me a break they can't even pick up the phone. That makes no sense," she said.
Source http://www.ctmirror.org/story/14453/changes-dcf-cause-consternation-their-advisory-panel
The sweeping changes the Department of Children and Families has made in recent months are drawing the ire of the agency's advisory panel, whose members--as parents, community providers, child lawyers and foster parents--are seeing first-hand the ramifications.
"You need to hear the crap that's going on," Janice Andersen, the deputy director of a Bridgeport-based group that deals with juvenile justice and other child welfare issues, told a top DCF official Monday.
It wasn't quite the reaction Fernando Muniz was expecting. He came to the meeting with a three-page update on the positive impact of keeping more children with their families, how reducing congregate care for the youngest children has played out and how the number of children living out of state has declined.
"As we have sat around this table all these years, these are all things you asked for," Muniz said in response to the harsh criticism. "Your points have been well taken."
But members of the State Advisory Council say many of the changes are causing widespread concern.
"Foster families are in absolute panic that you are sending children into unsafe homes. Just because someone shares the same genes does mean their criminal history shouldn't matter," said Laurie Landry, a therapist in Wethersfield. "What are you thinking?"
Connecticut previously had one of the lowest rates in the country of placing abused and neglected children with family members when it was determined they couldn't stay at home. Because of this, the department began waiving what Muniz describes as "the most restrictive guidelines in the country." That often includes waiving what the agency calls a non-relevant criminal record.
As a result of the changes, the number of children placed with family members increased from one in seven at the end of last year to one in five in September.
The group also said the agency's move to decrease the number of abused and neglected children with specialized needs being sent to live out-of-state--from 364 children in January to 258 in October--also is having some harmful affects.
"They may be coming home, but we aren't prepared for them," said Betsy Palmer-Ehrenfeld, who coordinates a network of foster homes for special-needs children across the state. She says the money is not available to ensure appropriate treatment for children with severe behavioral issues such as cutting themselves or exhibiting problem sexual behavior.
Muniz said many of those that were living out-of-state aged out of care, some went home and others were placed in facilities in the state. He said about half of the applications to place a child out-of-state have been rejected since the start of the year.
Anderson, who is the chairwoman of the advisory panel, also complained that parents continue to be treated poorly by DCF, despite the agency's ending surprise visits in response to allegations of abuse and neglect.
"There's a huge elephant in this room we have to talk about," she said. "You are not really trying to get parents and families involved." She cited advice the department is giving school districts in the Bridgeport region on how to handle a situation when they suspect a child is not getting the health care they require. "They are being told to report the parent for medical neglect. You should be helping them find the help."
Muniz responded that there would undoubtedly be hiccups in implementing such sweeping changes, but reminded the group that it is the agency's job to make sure children are safe.
"We are only here for abuse and neglect," he said. "DCF is not intended to be a poverty help program."
That upset Karen Hanson, a coordinator for child services at Yale's Child Study Center.
"You are going to send them to 2-1-1 and the Department of Social Services. Give me a break they can't even pick up the phone. That makes no sense," she said.
Source http://www.ctmirror.org/story/14453/changes-dcf-cause-consternation-their-advisory-panel
Los Angeles Juvenile Court plans to open proceedings to public
Presiding judge seeks transparency and solicits opinions; target date is the end of the month.
By Garrett Therolf
The presiding judge of Los Angeles County's Juvenile Court is preparing to open child dependency proceedings to the public in an effort to improve accountability and transparency in child abuse, neglect and foster care placement cases.
Currently, members of the media and the public are barred from entering dependency courtrooms without court permission. But Judge Michael Nash is proposing a blanket order that would make the hearings open unless someone objects and a judge decides to close the proceeding.
A similar effort to open juvenile courts in Sacramento failed earlier this year when some foster children and the union that represents social workers objected, citing privacy concerns. But Nash, an advocate of government transparency, believes the juvenile courts can be opened under current law.
There is a lot that is not good [in the dependency courts], and that's an understatement," Nash said earlier this year at a Sacramento hearing on the issue. "Too many families do not get reunified.... Too many children and families languish in the system for far too long. Someone might want to know why this is the case."
Nash is soliciting opinions from interested parties by the end of the month, before making his order final.
Janis Spire, executive director of the Alliance for Children's Rights, a nonprofit law firm that works on behalf of foster children, said her organization generally supports Nash's proposal but hopes it can be adjusted to restrict release of identifying information about children, including last names and Social Security numbers.
"The intention of this order and the law is about transparency of the system and the process, never transparency when it comes to the child," she said.
Spire said she also worried that the order will not carry the same weight as state law and might be vulnerable to being overturned.
Under the terms of the proposed order, members of the public would be able to enter any dependency courtroom. If an objection is then raised, the judicial officer will decide what is in the best interest of the child.
"The court will consider such factors as the age of each child, the nature of the allegations, the extent of the present or expected publicity and its effect, if any, on the children and on family reunification," according to the proposed order.
Attendees would not be able to make audio or visual recordings of the proceedings without seeking special court permission, and case records would remain confidential unless the court orders them opened.
Source http://www.latimes.com/news/local/la-me-1109-open-courts-20111108,0,3540017.story
By Garrett Therolf
The presiding judge of Los Angeles County's Juvenile Court is preparing to open child dependency proceedings to the public in an effort to improve accountability and transparency in child abuse, neglect and foster care placement cases.
Currently, members of the media and the public are barred from entering dependency courtrooms without court permission. But Judge Michael Nash is proposing a blanket order that would make the hearings open unless someone objects and a judge decides to close the proceeding.
A similar effort to open juvenile courts in Sacramento failed earlier this year when some foster children and the union that represents social workers objected, citing privacy concerns. But Nash, an advocate of government transparency, believes the juvenile courts can be opened under current law.
There is a lot that is not good [in the dependency courts], and that's an understatement," Nash said earlier this year at a Sacramento hearing on the issue. "Too many families do not get reunified.... Too many children and families languish in the system for far too long. Someone might want to know why this is the case."
Nash is soliciting opinions from interested parties by the end of the month, before making his order final.
Janis Spire, executive director of the Alliance for Children's Rights, a nonprofit law firm that works on behalf of foster children, said her organization generally supports Nash's proposal but hopes it can be adjusted to restrict release of identifying information about children, including last names and Social Security numbers.
"The intention of this order and the law is about transparency of the system and the process, never transparency when it comes to the child," she said.
Spire said she also worried that the order will not carry the same weight as state law and might be vulnerable to being overturned.
Under the terms of the proposed order, members of the public would be able to enter any dependency courtroom. If an objection is then raised, the judicial officer will decide what is in the best interest of the child.
"The court will consider such factors as the age of each child, the nature of the allegations, the extent of the present or expected publicity and its effect, if any, on the children and on family reunification," according to the proposed order.
Attendees would not be able to make audio or visual recordings of the proceedings without seeking special court permission, and case records would remain confidential unless the court orders them opened.
Source http://www.latimes.com/news/local/la-me-1109-open-courts-20111108,0,3540017.story
Saturday, November 5, 2011
Police: Foster parents allegedly hurt other child
By BRIAN WALKER
The Post Falls foster parents arrested on Thursday in connection with the death of a 2-year-old girl they cared for nearly three years ago bonded out of the Kootenai County jail on Friday after their first appearance in court.
Jeremy Clark, 36, and his wife, Amber Clark, 28, were arrested after a grand jury assigned to the case came back with an indictment in the Karina Moore case on Wednesday night.
Both were being held in jail on $25,000 combined bonds on two counts of felony injury to a child, one count of concealing evidence and one count of perjury. The bond amount stayed the same during the first appearance before the couple bonded out of jail late Friday afternoon, according to jail staff.
During their court appearance earlier in the day, Amber sobbed while Jeremy showed little emotion. Several supporters of the Clarks attended their appearance.
The Clarks, represented by the county Public Defender's Office, declined to be interviewed on Friday, per their attorneys. Their attorneys could not be reached for comment.
The arraignment in district court is expected on Thursday. The case is expected to go to trial.
"When I became chief, bringing this to a conclusion was one of my top priorities," Post Falls Police Chief Scot Haug said. "My feeling was that somebody needed to be a voice for Karina. This was a very complex case that took interviewing dozens of medical experts, witnesses and reviewing digital and physical evidence.
"We wanted to make sure we had a good solid case (before making the arrests). We've always had a detective, sometimes two, assigned to the case for the past three years."
Haug and Kootenai County Prosecutor Barry McHugh declined to comment on details surrounding the charges or evidence.
"I can't talk about evidence," Haug said. "That will come out in court."
McHugh added: "They deserve a fair trial."
Haug said another child under the Clarks' care - a boy who was 4 at the time - was allegedly injured in the home between 2007 and 2008.
"The (injury to child) charges indicate physical harm done to the children, but I can't get into the specifics," Haug said.
The Clarks were registered foster parents for two years and had several children in their care, but haven't been registered with the state since the Moore case. They also have kids of their own.
Haug said he believes the Clarks were aware of the ongoing investigation during the past three years. A search warrant was recently served at their home.
Jeremy was arrested without incident at his house, while Amber was arrested at her Hayden workplace.
Haug said the Clarks were not cooperative with police during the investigation, but declined to specify.
The grand jury met on the case from Monday through Wednesday. Haug said it's rare that cases go to a grand jury, which speaks to the complexity of the Moore case. He said police supported McHugh's decision to have a grand jury consider the charges.
Karina's biological mother, Samantha Moore, couldn't be reached for comment on Friday. She earlier said she doesn't believe her daughter's death was an accident.
Haug said Samantha was pleased with the outcome of the case when he spoke with her on Thursday.
The Clarks, who had been Karina's foster parents for more than a year, told police that Karina fell about 4 feet down a flight of carpeted stairs during the Jan. 6, 2009, incident. Amber Clark told police she was on the couch and recognized that the child might fall, but the child fell to the bottom of the stairs before she could help. She called the incident a tragic accident.
Haug wouldn't comment if investigators believe the account was made up.
Clark claimed she performed CPR until emergency responders arrived and flew her to Sacred Heart Medical Center in Spokane. Police said Karina was at the bottom of the stairs when they arrived.
Karina was brain dead and comatose afterward and died 10 days later.
The Spokane County Medical Examiner's Office ruled the case a homicide, citing "blunt force head injuries."
However, the examiner's report did not corroborate with the initial police investigation nor the opinions of multiple doctors police interviewed at Kootenai Medical Center and Sacred Heart Medical Center in Spokane, which determined the head and spleen injuries were consistent with an accidental fall.
John Howard, the medical examiner who performed the autopsy of Karina, said he could not comment on the evidence or factors that led him to the homicide determination.
Moore filed civil lawsuits against the Idaho Department of Health and Welfare in January this year in state and federal courts, claiming she reported abuse allegations against the Clarks to social workers twice, but her concerns weren't addressed.
The suit claims the IDHW "negligently and with reckless indifference failed to supervise the foster home ... which resulted in the death of Karina."
The suits have been stayed.
Karina and two of her siblings, a brother and sister, had been living with the Clarks. Moore has since regained custody of her two surviving children.
The Clarks hadn't been booked in the local jail before.
Staff writer David Cole contributed to this article.
Source http://www.cdapress.com/news/local_news/article_4599160c-4a3a-5254-9fa5-1876efb5147f.html
The Post Falls foster parents arrested on Thursday in connection with the death of a 2-year-old girl they cared for nearly three years ago bonded out of the Kootenai County jail on Friday after their first appearance in court.
Jeremy Clark, 36, and his wife, Amber Clark, 28, were arrested after a grand jury assigned to the case came back with an indictment in the Karina Moore case on Wednesday night.
Both were being held in jail on $25,000 combined bonds on two counts of felony injury to a child, one count of concealing evidence and one count of perjury. The bond amount stayed the same during the first appearance before the couple bonded out of jail late Friday afternoon, according to jail staff.
During their court appearance earlier in the day, Amber sobbed while Jeremy showed little emotion. Several supporters of the Clarks attended their appearance.
The Clarks, represented by the county Public Defender's Office, declined to be interviewed on Friday, per their attorneys. Their attorneys could not be reached for comment.
The arraignment in district court is expected on Thursday. The case is expected to go to trial.
"When I became chief, bringing this to a conclusion was one of my top priorities," Post Falls Police Chief Scot Haug said. "My feeling was that somebody needed to be a voice for Karina. This was a very complex case that took interviewing dozens of medical experts, witnesses and reviewing digital and physical evidence.
"We wanted to make sure we had a good solid case (before making the arrests). We've always had a detective, sometimes two, assigned to the case for the past three years."
Haug and Kootenai County Prosecutor Barry McHugh declined to comment on details surrounding the charges or evidence.
"I can't talk about evidence," Haug said. "That will come out in court."
McHugh added: "They deserve a fair trial."
Haug said another child under the Clarks' care - a boy who was 4 at the time - was allegedly injured in the home between 2007 and 2008.
"The (injury to child) charges indicate physical harm done to the children, but I can't get into the specifics," Haug said.
The Clarks were registered foster parents for two years and had several children in their care, but haven't been registered with the state since the Moore case. They also have kids of their own.
Haug said he believes the Clarks were aware of the ongoing investigation during the past three years. A search warrant was recently served at their home.
Jeremy was arrested without incident at his house, while Amber was arrested at her Hayden workplace.
Haug said the Clarks were not cooperative with police during the investigation, but declined to specify.
The grand jury met on the case from Monday through Wednesday. Haug said it's rare that cases go to a grand jury, which speaks to the complexity of the Moore case. He said police supported McHugh's decision to have a grand jury consider the charges.
Karina's biological mother, Samantha Moore, couldn't be reached for comment on Friday. She earlier said she doesn't believe her daughter's death was an accident.
Haug said Samantha was pleased with the outcome of the case when he spoke with her on Thursday.
The Clarks, who had been Karina's foster parents for more than a year, told police that Karina fell about 4 feet down a flight of carpeted stairs during the Jan. 6, 2009, incident. Amber Clark told police she was on the couch and recognized that the child might fall, but the child fell to the bottom of the stairs before she could help. She called the incident a tragic accident.
Haug wouldn't comment if investigators believe the account was made up.
Clark claimed she performed CPR until emergency responders arrived and flew her to Sacred Heart Medical Center in Spokane. Police said Karina was at the bottom of the stairs when they arrived.
Karina was brain dead and comatose afterward and died 10 days later.
The Spokane County Medical Examiner's Office ruled the case a homicide, citing "blunt force head injuries."
However, the examiner's report did not corroborate with the initial police investigation nor the opinions of multiple doctors police interviewed at Kootenai Medical Center and Sacred Heart Medical Center in Spokane, which determined the head and spleen injuries were consistent with an accidental fall.
John Howard, the medical examiner who performed the autopsy of Karina, said he could not comment on the evidence or factors that led him to the homicide determination.
Moore filed civil lawsuits against the Idaho Department of Health and Welfare in January this year in state and federal courts, claiming she reported abuse allegations against the Clarks to social workers twice, but her concerns weren't addressed.
The suit claims the IDHW "negligently and with reckless indifference failed to supervise the foster home ... which resulted in the death of Karina."
The suits have been stayed.
Karina and two of her siblings, a brother and sister, had been living with the Clarks. Moore has since regained custody of her two surviving children.
The Clarks hadn't been booked in the local jail before.
Staff writer David Cole contributed to this article.
Source http://www.cdapress.com/news/local_news/article_4599160c-4a3a-5254-9fa5-1876efb5147f.html
Monday, October 31, 2011
Report - More Indiana Children Die From Abuse, Neglect, Report Says
Child Advocates Chide Backslide In Children's Services
INDIANAPOLIS -- Federal statistics show that Indiana has one of the highest rates of child abuse and neglect in the nation, though Department of Child Services officials claim their statistics show progress.
Recent cases of child abuse deaths are indicative of how some Indiana children fall through the cracks, and federal reports obtained by Call 6 Investigator Joanna Massee are counter to DCS claims that the child welfare system is improving.
Some child advocates said they've seen some progress recently, but others said they are gravely concerned about recent abuse and neglect deaths and what they consider backsliding services.
Deaths Of Children Spur Concern
The cases of Devin Parsons and Christian Choate highlight what many consider to be the failings of DCS.
Greensburg police found Parsons, 12, fatally beaten in June. His mother, Tasha Parsons, and her boyfriend, Waldo Jones, were subsequently charged with murder.
Randy Parsons, Devin's great-uncle, said he wasn't aware of the extent of abuse that police said went on in the boy's home.
"You just never expect anything like that," Parsons said, adding that he didn't realize a DCS employee visited the boy's home days before his death. "I think the job wasn't finished."
Christian Choate, 13, also had a long history with DCS before his death earlier this year. According to the agency's records, Christian lived in a cage and received regular beatings during the last months of his life.
In May, investigators pulled Christian's body from a shallow grave in Gary. His father, Riley Choate, and his stepmother, Kimberly Kubina, were charged with murder.
Records obtained by the Call 6 Investigators showed that the families of both children had a long history with DCS.
DCS Director James Payne said he thinks his agency is better at protecting children than ever before, and he cautioned against using child fatalities as a measuring stick.
" First of all, nobody in the system looks at fatalities as a measure of whether or not the system itself is doing a good job in helping protect children," Payne said. "Often the fatalities occur without any contact before. Often they happen in circumstances that were unpredictable."
Child Welfare Tracking Systems Inconsistent
Nationwide, child safety workers criticized an inconsistent tracking system for child deaths.
Because federal and state reports cover different time periods, the numbers don't match, and that means the number of deaths can look like it's going up in one report and down in another.
For example, the most recent Child Maltreatment Report released by the Department of Health and Human Services showed an increase in the number of child deaths from 2008 to 2009. The federal government counted 34 deaths in 2008 and 50 deaths in 2009. The federal year runs from Oct. 1 through Sept. 30.
The state's most recent Child Abuse and Neglect Report of Child Fatalities showed a decrease in the number of child deaths from 2008 to 2009. The state government counted 46 deaths in 2008 and 38 deaths in 2009. The state year runs from July 1 through June 30.
Payne said a better way to evaluate the system is to look at statistics, such as fewer children being placed in residential treatment.
"The system is much better now," Payne said.
DCS is focused on helping children thrive in the home because taking them out is very traumatic, Payne said.
But the cases that involved Devin and Christian indicate that leaving abused and neglected children in a home can also be devastating.
Child Advocates' Opinion Mixed
Privately, leading child advocates and service providers told Massee they disagree with Payne’s claims that the system is improving. Publicly, they choose their words carefully if they say anything at all, fearing retaliation.
Massee asked Payne if the culture at DCS discourages criticism within the agency.
"I suspect there is at some level," but not at the executive level, Payne responded.
David Sklar, who leads the Children’s Coalition of Indiana, an organization that works to support and lobby for children and families, said child advocates and service providers fear retaliation for voicing concerns about DCS.
"They're afraid to advocate for those clients because they're afraid that the state might look somewhere else to provide those contracts," Sklar said.
Sklar added that advocates are also concerned that the state is spending fewer dollars on therapeutic services that help address and prevent child abuse and neglect.
"We are starting to see a backslide," he said.
Last year, DCS gave back nearly $104 million to the state general fund, money that could have been used for children. Payne said the agency did not need the cash.
When Massee asked Payne about these spending decisions, he granted RTV6 unprecedented access to the agency, adamant that his system is working.
During a roundtable discussion with DCS employees, Massee asked case workers about the difficulties they face on the job.
Supervisor Melissa Clark said she has seen positive changes during her 17 years with DCS, but she also said the work comes with challenges.
"It can be a life and death decision that we're making," Clark said. "We do see some turnover. It is a stressful job. It's emotional. We deal with the crying child that's being removed from their parent."
Denise Brightman said she has spent 21 years working with families and worries about making a mistake "every day."
While workers such as Brightman and Clark can only control the cases assigned to them, State Rep. Bill Crawford, D-Indianapolis, said he is concerned with decisions being made at the top.
Crawford criticized the state’s decision to spend less on services for abused and neglected children in need.
"There are too many child advocates from around the state of Indiana who are crying foul," Crawford said.
Child advocates said the unspent funds could be used for services such as counseling for young abuse victims, clothing and food for foster kids and toward other services for families, such as those in which Christian and Devin once belonged.
Speaking privately, one leading child advocate told Massee, "This needs to be a call to action. The system will succeed when the private sector and public sector work together."
Source http://www.theindychannel.com/news/29636918/detail.html
INDIANAPOLIS -- Federal statistics show that Indiana has one of the highest rates of child abuse and neglect in the nation, though Department of Child Services officials claim their statistics show progress.
Recent cases of child abuse deaths are indicative of how some Indiana children fall through the cracks, and federal reports obtained by Call 6 Investigator Joanna Massee are counter to DCS claims that the child welfare system is improving.
Some child advocates said they've seen some progress recently, but others said they are gravely concerned about recent abuse and neglect deaths and what they consider backsliding services.
Deaths Of Children Spur Concern
The cases of Devin Parsons and Christian Choate highlight what many consider to be the failings of DCS.
Greensburg police found Parsons, 12, fatally beaten in June. His mother, Tasha Parsons, and her boyfriend, Waldo Jones, were subsequently charged with murder.
Randy Parsons, Devin's great-uncle, said he wasn't aware of the extent of abuse that police said went on in the boy's home.
"You just never expect anything like that," Parsons said, adding that he didn't realize a DCS employee visited the boy's home days before his death. "I think the job wasn't finished."
Christian Choate, 13, also had a long history with DCS before his death earlier this year. According to the agency's records, Christian lived in a cage and received regular beatings during the last months of his life.
In May, investigators pulled Christian's body from a shallow grave in Gary. His father, Riley Choate, and his stepmother, Kimberly Kubina, were charged with murder.
Records obtained by the Call 6 Investigators showed that the families of both children had a long history with DCS.
DCS Director James Payne said he thinks his agency is better at protecting children than ever before, and he cautioned against using child fatalities as a measuring stick.
" First of all, nobody in the system looks at fatalities as a measure of whether or not the system itself is doing a good job in helping protect children," Payne said. "Often the fatalities occur without any contact before. Often they happen in circumstances that were unpredictable."
Child Welfare Tracking Systems Inconsistent
Nationwide, child safety workers criticized an inconsistent tracking system for child deaths.
Because federal and state reports cover different time periods, the numbers don't match, and that means the number of deaths can look like it's going up in one report and down in another.
For example, the most recent Child Maltreatment Report released by the Department of Health and Human Services showed an increase in the number of child deaths from 2008 to 2009. The federal government counted 34 deaths in 2008 and 50 deaths in 2009. The federal year runs from Oct. 1 through Sept. 30.
The state's most recent Child Abuse and Neglect Report of Child Fatalities showed a decrease in the number of child deaths from 2008 to 2009. The state government counted 46 deaths in 2008 and 38 deaths in 2009. The state year runs from July 1 through June 30.
Payne said a better way to evaluate the system is to look at statistics, such as fewer children being placed in residential treatment.
"The system is much better now," Payne said.
DCS is focused on helping children thrive in the home because taking them out is very traumatic, Payne said.
But the cases that involved Devin and Christian indicate that leaving abused and neglected children in a home can also be devastating.
Child Advocates' Opinion Mixed
Privately, leading child advocates and service providers told Massee they disagree with Payne’s claims that the system is improving. Publicly, they choose their words carefully if they say anything at all, fearing retaliation.
Massee asked Payne if the culture at DCS discourages criticism within the agency.
"I suspect there is at some level," but not at the executive level, Payne responded.
David Sklar, who leads the Children’s Coalition of Indiana, an organization that works to support and lobby for children and families, said child advocates and service providers fear retaliation for voicing concerns about DCS.
"They're afraid to advocate for those clients because they're afraid that the state might look somewhere else to provide those contracts," Sklar said.
Sklar added that advocates are also concerned that the state is spending fewer dollars on therapeutic services that help address and prevent child abuse and neglect.
"We are starting to see a backslide," he said.
Last year, DCS gave back nearly $104 million to the state general fund, money that could have been used for children. Payne said the agency did not need the cash.
When Massee asked Payne about these spending decisions, he granted RTV6 unprecedented access to the agency, adamant that his system is working.
During a roundtable discussion with DCS employees, Massee asked case workers about the difficulties they face on the job.
Supervisor Melissa Clark said she has seen positive changes during her 17 years with DCS, but she also said the work comes with challenges.
"It can be a life and death decision that we're making," Clark said. "We do see some turnover. It is a stressful job. It's emotional. We deal with the crying child that's being removed from their parent."
Denise Brightman said she has spent 21 years working with families and worries about making a mistake "every day."
While workers such as Brightman and Clark can only control the cases assigned to them, State Rep. Bill Crawford, D-Indianapolis, said he is concerned with decisions being made at the top.
Crawford criticized the state’s decision to spend less on services for abused and neglected children in need.
"There are too many child advocates from around the state of Indiana who are crying foul," Crawford said.
Child advocates said the unspent funds could be used for services such as counseling for young abuse victims, clothing and food for foster kids and toward other services for families, such as those in which Christian and Devin once belonged.
Speaking privately, one leading child advocate told Massee, "This needs to be a call to action. The system will succeed when the private sector and public sector work together."
Source http://www.theindychannel.com/news/29636918/detail.html
Texas - CPS removes kids after mysterious incident prompts investigation
By Anna Waugh
Almost three months after an 11-year-old Willis girl disappeared one evening and was discovered delirious and bleeding in a ditch hours later, she and her 13-year-old sister were removed by a Child Protective Services emergency order from their home because of possible neglect.
CPS officials arrived around 5 p.m. Tuesday at the family’s home in the Royal Forest subdivision when the girls’ parents were grocery shopping, mother Jade Polk said. Polk’s mother was watching the girls and refused to open the door, but agreed to do so after they allegedly threatened to kick the door down and have the grandmother arrested.
Without cell phone reception inside the store, Polk said listening to a voicemail in the parking lot left by her panicked mother “just killed her,”knowing she would go home to a house without her kids.
“It was a shock,” she said.
Polk’s youngest daughter went missing for a few hours July 31 after she was last seen playing with their family dog around 7:45 p.m. and later found around 9:50 p.m. in front of a home on Royal Sterling Drive, about 1-1/2 miles from her home. She was covered in bruises with blood splattered across her body from a nose bleed and did not recognize her parents.
She was rushed to Conroe Regional Medical Center, where she was diagnosed with a severe concussion. The possibility of a sexual assault was ruled out with a rape kit, and she was released a few days later on Aug. 2.
Since then, Polk said, numerous doctor visits later at three hospitals have made doctors conclude that her daughter has a neurological disorder, but a three-month waiting list to see a pediatric neurologist at Texas Children’s Hospital has delayed any more tests and answers.
“She still doesn’t know what happened to her,” Polk said. “She’s blank.”
According to the emergency order, CPS presented the case Tuesday before 410th state District Court Judge K. Michael Mayes and was granted an emergency removal based on an "immediate danger to the physical health or safety of the children or the children have been the victims of neglect or sexual abuse.”
CPS workers told Polk and her husband Wednesday that the reason for removing their children was because they did not continue to take their daughter to counseling or participate in family counseling, which was recommended by a CPS case worker after a home visit suggested the girl see a counselor at Children’s Safe Harbor in Conroe to help her try to remember what happened the night she disappeared.
But after one visit, Polk said, her daughter was uncomfortable with the constant questions by the counselor asking if her parents hurt her. Her parents then decided to have a family friend who attends a nearby church to counsel her so she would feel more comfortable, Polk said.
Instructions can be either verbal or written and in CPS cases where the safety is a concern, parents are asked to participate in services relevant to the case – like counseling – and the children are removed without warning by emergency removal if they do not comply, CPS spokeswoman Gwen Carter said.
“If a family doesn’t cooperate and abuse or neglect is a concern, we can go to the court to request to remove the children and put them in a safe environment,” Carter said, adding that both girls are together in a foster home.
Now knowing the lack of official counseling was viewed by CPS as a neglectful decision, Polk said she had no idea her decision would result in her daughters' removal because she was never given any written documentation about counseling, so did not think continuing to take her daughter to CSH or participate in family counseling was mandatory.
In such situations, CPS is "put into the position where it is more difficult to explain inaction as opposed to action," regardless of the validity of the accusation at the time it was made, Conroe attorney E. Tay Bond said.
“When you have a governmental agency that is tasked with performing a family function," he said, "there is no possible way for CPS to function as well as a caring family does.”
The family’s financial situation also leads Polk to believe that her family is being targeted because they are low-income. Polk has a job, she said, but her husband recently filed for disability.
Regardless of their income, Polk said, she always ensures her children have food to eat and clothes to wear every day, as well as proper medical care.
“I think we’ve been wrongly accused,” she said. “There’s been no neglect.”
She has lined up 10 character witnesses to speak on her behalf at a hearing Monday morning that will consist of neighbors, friends and the girls’ teachers, and plans to request that the girls be turned over to another family member for the time being so they will be around family.
“I’m there for my kids. I do not neglect my kids,” Polk said. “I would bleed for them.”
James Ridgway, Jr. contributed to this report.
Source http://www.yourhoustonnews.com/courier/news/cps-removes-kids-after-mysterious-incident-prompts-investigation/article_de53db32-003c-55ad-8666-228bdb3d6aec.html
Almost three months after an 11-year-old Willis girl disappeared one evening and was discovered delirious and bleeding in a ditch hours later, she and her 13-year-old sister were removed by a Child Protective Services emergency order from their home because of possible neglect.
CPS officials arrived around 5 p.m. Tuesday at the family’s home in the Royal Forest subdivision when the girls’ parents were grocery shopping, mother Jade Polk said. Polk’s mother was watching the girls and refused to open the door, but agreed to do so after they allegedly threatened to kick the door down and have the grandmother arrested.
Without cell phone reception inside the store, Polk said listening to a voicemail in the parking lot left by her panicked mother “just killed her,”knowing she would go home to a house without her kids.
“It was a shock,” she said.
Polk’s youngest daughter went missing for a few hours July 31 after she was last seen playing with their family dog around 7:45 p.m. and later found around 9:50 p.m. in front of a home on Royal Sterling Drive, about 1-1/2 miles from her home. She was covered in bruises with blood splattered across her body from a nose bleed and did not recognize her parents.
She was rushed to Conroe Regional Medical Center, where she was diagnosed with a severe concussion. The possibility of a sexual assault was ruled out with a rape kit, and she was released a few days later on Aug. 2.
Since then, Polk said, numerous doctor visits later at three hospitals have made doctors conclude that her daughter has a neurological disorder, but a three-month waiting list to see a pediatric neurologist at Texas Children’s Hospital has delayed any more tests and answers.
“She still doesn’t know what happened to her,” Polk said. “She’s blank.”
According to the emergency order, CPS presented the case Tuesday before 410th state District Court Judge K. Michael Mayes and was granted an emergency removal based on an "immediate danger to the physical health or safety of the children or the children have been the victims of neglect or sexual abuse.”
CPS workers told Polk and her husband Wednesday that the reason for removing their children was because they did not continue to take their daughter to counseling or participate in family counseling, which was recommended by a CPS case worker after a home visit suggested the girl see a counselor at Children’s Safe Harbor in Conroe to help her try to remember what happened the night she disappeared.
But after one visit, Polk said, her daughter was uncomfortable with the constant questions by the counselor asking if her parents hurt her. Her parents then decided to have a family friend who attends a nearby church to counsel her so she would feel more comfortable, Polk said.
Instructions can be either verbal or written and in CPS cases where the safety is a concern, parents are asked to participate in services relevant to the case – like counseling – and the children are removed without warning by emergency removal if they do not comply, CPS spokeswoman Gwen Carter said.
“If a family doesn’t cooperate and abuse or neglect is a concern, we can go to the court to request to remove the children and put them in a safe environment,” Carter said, adding that both girls are together in a foster home.
Now knowing the lack of official counseling was viewed by CPS as a neglectful decision, Polk said she had no idea her decision would result in her daughters' removal because she was never given any written documentation about counseling, so did not think continuing to take her daughter to CSH or participate in family counseling was mandatory.
In such situations, CPS is "put into the position where it is more difficult to explain inaction as opposed to action," regardless of the validity of the accusation at the time it was made, Conroe attorney E. Tay Bond said.
“When you have a governmental agency that is tasked with performing a family function," he said, "there is no possible way for CPS to function as well as a caring family does.”
The family’s financial situation also leads Polk to believe that her family is being targeted because they are low-income. Polk has a job, she said, but her husband recently filed for disability.
Regardless of their income, Polk said, she always ensures her children have food to eat and clothes to wear every day, as well as proper medical care.
“I think we’ve been wrongly accused,” she said. “There’s been no neglect.”
She has lined up 10 character witnesses to speak on her behalf at a hearing Monday morning that will consist of neighbors, friends and the girls’ teachers, and plans to request that the girls be turned over to another family member for the time being so they will be around family.
“I’m there for my kids. I do not neglect my kids,” Polk said. “I would bleed for them.”
James Ridgway, Jr. contributed to this report.
Source http://www.yourhoustonnews.com/courier/news/cps-removes-kids-after-mysterious-incident-prompts-investigation/article_de53db32-003c-55ad-8666-228bdb3d6aec.html
Saturday, October 29, 2011
Kentucky - Social worker says she falsified records
By Valarie Honeycutt Spears
A former Kentucky state social worker indicted by an Anderson County grand jury in August has told investigators that she falsified records in abuse and neglect cases, according to a court document recently filed.
Margaret "Geri" Murphy, who resigned in January, is charged with nine counts of tampering with public records in her role investigating allegations of child abuse and neglect for the Cabinet for Health and Family Services.
Details of nine cases, several involving child sexual abuse, were outlined in a document titled the Commonwealth's Bill of Particulars, filed in Anderson Circuit Court Oct. 18 by Attorney General Jack Conway's office.
The court document says that in one case, which ran from December 2007 through April 2008, Murphy investigated an allegation of sexual abuse of an infant by the infant's mother's boyfriend. In deeming the allegation "unsubstantiated," Murphy allegedly documented that a state police trooper told her that a hair found in the baby's pubic area was tested and found to be dog hair rather than a human hair.
But the officer told an investigator that he never told Murphy that the hair was dog hair, and that it had not been tested.
Two agencies, including police, filed complaints about Murphy's actions in the case, the court document said.
The mother later reunited with her boyfriend, and the case was reopened in October 2010 on the basis of new allegations of sexual abuse by the boyfriend, the document said.
"During that time, Murphy attempted to take part of an interview and examination of the child at an agency in Lexington, and the KSP trooper told Murphy to leave and has indicated he believes Murphy's actions contributed to the child being abused again," the court document said.
Murphy's attorney William Patrick said Friday that he could not comment on the case. But Patrick said a pre-trial conference was set for November. Murphy was issued a criminal summons in August and has pleaded not guilty.
In abuse and neglect cases, social workers make findings about the validity of allegations and document their work in a report titled a "continuous quality assessment."
In a case involving the alleged sexual abuse of an 11-year-old child by her father, Murphy admitted to falsifying the continuous quality assessment, the court document said. In that case, Murphy is accused of documenting that the suspect had been interviewed by state police. Murphy also is accused of documenting that the perpetrator denied the abuse and passed a polygraph.
However, police told an investigator that the suspect had never been interviewed or taken a polygraph.
Murphy "stated that this particular case 'bothered her' because she had falsified information. She admitted that she believed the child had been sexually abused, but still unsubstantiated and closed her case," the court document said.
In 2010, Murphy investigated a report of the sexual abuse of a 7-year-old child and deemed it "unsubstantiated." She had said that the child made inconsistent statements and that she had interviewed the suspect with police, and that the suspect denied the allegations and passed a polygraph test, according to a court document.
But police said they never interviewed the suspect and the suspect never took a polygraph, according to the court document.
The cabinet will not respond specifically to the cases in the bill of particulars, spokeswoman Jill Midkiff said.
"However, upon discovering that there were problems with the way in which Ms. Murphy conducted her investigations in these and other cases not involving falsifications, the Commissioner of the (Department of Community Based Services) had Ms. Murphy's cases reviewed to ensure that appropriate action was taken in accordance with the policies and procedures of the agency," Midkiff said.
Officials in Conway's office would not comment Friday. But in August, Conway said that his office began investigating after receiving a complaint from a resident whose family was in a court case to which Murphy had been assigned.
Tampering with public records is a Class D felony punishable by one to five years in prison and a fine of up to $10,000 on each count.
Here's a link to the court document:
http://media.kentucky.com/smedia/2011/10/28/23/45/155LTT.So.79.pdf
Source http://www.kentucky.com/2011/10/29/1938928/court-document-describes-former.html
A former Kentucky state social worker indicted by an Anderson County grand jury in August has told investigators that she falsified records in abuse and neglect cases, according to a court document recently filed.
Margaret "Geri" Murphy, who resigned in January, is charged with nine counts of tampering with public records in her role investigating allegations of child abuse and neglect for the Cabinet for Health and Family Services.
Details of nine cases, several involving child sexual abuse, were outlined in a document titled the Commonwealth's Bill of Particulars, filed in Anderson Circuit Court Oct. 18 by Attorney General Jack Conway's office.
The court document says that in one case, which ran from December 2007 through April 2008, Murphy investigated an allegation of sexual abuse of an infant by the infant's mother's boyfriend. In deeming the allegation "unsubstantiated," Murphy allegedly documented that a state police trooper told her that a hair found in the baby's pubic area was tested and found to be dog hair rather than a human hair.
But the officer told an investigator that he never told Murphy that the hair was dog hair, and that it had not been tested.
Two agencies, including police, filed complaints about Murphy's actions in the case, the court document said.
The mother later reunited with her boyfriend, and the case was reopened in October 2010 on the basis of new allegations of sexual abuse by the boyfriend, the document said.
"During that time, Murphy attempted to take part of an interview and examination of the child at an agency in Lexington, and the KSP trooper told Murphy to leave and has indicated he believes Murphy's actions contributed to the child being abused again," the court document said.
Murphy's attorney William Patrick said Friday that he could not comment on the case. But Patrick said a pre-trial conference was set for November. Murphy was issued a criminal summons in August and has pleaded not guilty.
In abuse and neglect cases, social workers make findings about the validity of allegations and document their work in a report titled a "continuous quality assessment."
In a case involving the alleged sexual abuse of an 11-year-old child by her father, Murphy admitted to falsifying the continuous quality assessment, the court document said. In that case, Murphy is accused of documenting that the suspect had been interviewed by state police. Murphy also is accused of documenting that the perpetrator denied the abuse and passed a polygraph.
However, police told an investigator that the suspect had never been interviewed or taken a polygraph.
Murphy "stated that this particular case 'bothered her' because she had falsified information. She admitted that she believed the child had been sexually abused, but still unsubstantiated and closed her case," the court document said.
In 2010, Murphy investigated a report of the sexual abuse of a 7-year-old child and deemed it "unsubstantiated." She had said that the child made inconsistent statements and that she had interviewed the suspect with police, and that the suspect denied the allegations and passed a polygraph test, according to a court document.
But police said they never interviewed the suspect and the suspect never took a polygraph, according to the court document.
The cabinet will not respond specifically to the cases in the bill of particulars, spokeswoman Jill Midkiff said.
"However, upon discovering that there were problems with the way in which Ms. Murphy conducted her investigations in these and other cases not involving falsifications, the Commissioner of the (Department of Community Based Services) had Ms. Murphy's cases reviewed to ensure that appropriate action was taken in accordance with the policies and procedures of the agency," Midkiff said.
Officials in Conway's office would not comment Friday. But in August, Conway said that his office began investigating after receiving a complaint from a resident whose family was in a court case to which Murphy had been assigned.
Tampering with public records is a Class D felony punishable by one to five years in prison and a fine of up to $10,000 on each count.
Here's a link to the court document:
http://media.kentucky.com/smedia/2011/10/28/23/45/155LTT.So.79.pdf
Source http://www.kentucky.com/2011/10/29/1938928/court-document-describes-former.html
Wednesday, October 26, 2011
Hitler's Parents Claim Judge Found No Abuse of Little Adolf, Aryan Nation
Hitler's Parents Claim Judge Found No Abuse of Little Adolf, Aryan Nation
Parents of "Adolf Hitler" and "Aryan Nation" claim a judge found no evidence of abuse, but the state still hasn't given their kids back
By Teresa Masterson
Heath and Deborah Campbell, who named two of their children Adolf Hitler and JoyceLynn Aryan Nation, are claiming that a court vindicated them of all abuse allegations last month. But after 33 months in foster care, the children are still not home.
New Jersey Family Court officials had no comment Tuesday.
“Actually, the judge and DYFS told us that there was no evidence of abuse and that it was the names! They were taken over the children's names,” Heath Campbell told NBC 10 Tuesday.
Court records last year stated that the children were not removed from the home because of their names, but because of tangible evidence of abuse or neglect.
Protesting the fact that they still don't have their kids, the Campbells picketed with three other people outside of child services offices in Flemington, N.J. Tuesday. The couple spoke exclusively to NBC 10, saying that the state has no right to keep their children away from them now that the court allegedly ruled that the kids were taken away without cause.
“I don’t sleep, I don’t eat much. I miss my kids. Miss their pitter patters on the floor,” Heath Campbell told NBC 10’s Doug Shimell. “It’s hard. I fall asleep with their pictures.”
The Campbell’s three small children were removed from their Holland Township home by the state in January 2009 after they asked a grocery store in Greenwich, N.J., to write “Adolf Hitler” on their son’s birthday cake.
Though a local Wal-Mart honored the birthday cake request, Adolf Hitler Campbell and siblings JoyceLynn Aryan Nation Campbell and Honszlynn Hinler Jeannie Campbell were put into foster care.
“They beg to come home all of the time,” Deborah told NBC 10 Tuesday. “They beg to see their dad, they want to see their dad all the time.”
While the Campbells maintained from the beginning that the only reason their children were taken away is because of their given names, New Jersey court documents stated last year that there was alleged abuse and parental incompetence.
A New Jersey appeals court ruled in August 2010 that there was sufficient evidence of abuse or neglect because of domestic violence in the home, and though there was a gag order for both parties in the case (which the Campbells have broken multiple times to deny the allegations), authorities have stated in the past that putting the children into the foster system had nothing to do with their names.
Court records stated last year that both parents were victims of childhood abuse and both were unemployed and suffering from unspecified physical and psychological disabilities.
The Campbells say that a judge will decide by early December if the kids will come home.
"Can't wait for the decision," Heath Campbell said Tuesday. "Can't wait for them to come home."
Source http://www.nbcphiladelphia.com/news/weird/Hitler-Parents-Claim-Judge-Found-No-Abuse-of-Adolf-Aryan-Nation.html
Parents of "Adolf Hitler" and "Aryan Nation" claim a judge found no evidence of abuse, but the state still hasn't given their kids back
By Teresa Masterson
Heath and Deborah Campbell, who named two of their children Adolf Hitler and JoyceLynn Aryan Nation, are claiming that a court vindicated them of all abuse allegations last month. But after 33 months in foster care, the children are still not home.
New Jersey Family Court officials had no comment Tuesday.
“Actually, the judge and DYFS told us that there was no evidence of abuse and that it was the names! They were taken over the children's names,” Heath Campbell told NBC 10 Tuesday.
Court records last year stated that the children were not removed from the home because of their names, but because of tangible evidence of abuse or neglect.
Protesting the fact that they still don't have their kids, the Campbells picketed with three other people outside of child services offices in Flemington, N.J. Tuesday. The couple spoke exclusively to NBC 10, saying that the state has no right to keep their children away from them now that the court allegedly ruled that the kids were taken away without cause.
“I don’t sleep, I don’t eat much. I miss my kids. Miss their pitter patters on the floor,” Heath Campbell told NBC 10’s Doug Shimell. “It’s hard. I fall asleep with their pictures.”
The Campbell’s three small children were removed from their Holland Township home by the state in January 2009 after they asked a grocery store in Greenwich, N.J., to write “Adolf Hitler” on their son’s birthday cake.
Though a local Wal-Mart honored the birthday cake request, Adolf Hitler Campbell and siblings JoyceLynn Aryan Nation Campbell and Honszlynn Hinler Jeannie Campbell were put into foster care.
“They beg to come home all of the time,” Deborah told NBC 10 Tuesday. “They beg to see their dad, they want to see their dad all the time.”
While the Campbells maintained from the beginning that the only reason their children were taken away is because of their given names, New Jersey court documents stated last year that there was alleged abuse and parental incompetence.
A New Jersey appeals court ruled in August 2010 that there was sufficient evidence of abuse or neglect because of domestic violence in the home, and though there was a gag order for both parties in the case (which the Campbells have broken multiple times to deny the allegations), authorities have stated in the past that putting the children into the foster system had nothing to do with their names.
Court records stated last year that both parents were victims of childhood abuse and both were unemployed and suffering from unspecified physical and psychological disabilities.
The Campbells say that a judge will decide by early December if the kids will come home.
"Can't wait for the decision," Heath Campbell said Tuesday. "Can't wait for them to come home."
Source http://www.nbcphiladelphia.com/news/weird/Hitler-Parents-Claim-Judge-Found-No-Abuse-of-Adolf-Aryan-Nation.html
Tuesday, October 25, 2011
Teacher Chokes Girl With Sweater, Drags Her Across Playground
Blog authors note:
Teachers are supposed to be in a tursted position - trusted with our precious children. In this position, they are also mandated reporters - mandated to report to the police/CPS if they suspect a child is being neglected or abused.
The below story calls into question not only the trust we put in teachers handling our children but into any report of suspected abuse or neglect they may report.
If teachers are abusing or neglecting our children, just how trustworthy are their reports to the authorities regarding suspected abuse and neglect?
Also, why aren't our children safe from this kind of maltreatment at school?
-----
October 24th, 2011 - By Brande Victorian
Teachers are getting out of hand these days. In Baton Rouge, a 65-year-old school teacher was arrested for allegedly tying a jacket around a 6-year-old girl’s neck and dragging her across the playground to the office. Bruises on the girl’s neck and right leg, and holes in her uniform seem to corroborate the story. For once, it also appears the police is on the side of the people.
“There is no valid excuse to take such action against a child,” says Police Chief Mike Knaps. “I’m in my 31st year with the police department and I’ve never been witness to anything like this before.”
The mother plans to transfer her daughter to a different school while the teacher is on paid administrative leave pending the outcome of the investigation. Sounds like it’s time for her to retire.
Source http://madamenoire.com/80940/baton-rouge-teacher-ties-sweater-around-girls-neck-drags-her-across-playground/
Teachers are supposed to be in a tursted position - trusted with our precious children. In this position, they are also mandated reporters - mandated to report to the police/CPS if they suspect a child is being neglected or abused.
The below story calls into question not only the trust we put in teachers handling our children but into any report of suspected abuse or neglect they may report.
If teachers are abusing or neglecting our children, just how trustworthy are their reports to the authorities regarding suspected abuse and neglect?
Also, why aren't our children safe from this kind of maltreatment at school?
-----
October 24th, 2011 - By Brande Victorian
Teachers are getting out of hand these days. In Baton Rouge, a 65-year-old school teacher was arrested for allegedly tying a jacket around a 6-year-old girl’s neck and dragging her across the playground to the office. Bruises on the girl’s neck and right leg, and holes in her uniform seem to corroborate the story. For once, it also appears the police is on the side of the people.
“There is no valid excuse to take such action against a child,” says Police Chief Mike Knaps. “I’m in my 31st year with the police department and I’ve never been witness to anything like this before.”
The mother plans to transfer her daughter to a different school while the teacher is on paid administrative leave pending the outcome of the investigation. Sounds like it’s time for her to retire.
Source http://madamenoire.com/80940/baton-rouge-teacher-ties-sweater-around-girls-neck-drags-her-across-playground/
Friday, October 21, 2011
Panel won’t delve deeper into Arizona CPS woes
by Mary K. Reinhart on Oct. 21, 2011
An Arizona legislative committee, apparently satisfied that the state’s child-welfare agency has adequately responded to problems raised by three state audits since 2009, declined to delve deeper Thursday into broader troubles within the system.
Sen. Linda Gray, R-Glendale, co-chair of the committee, said after the hearing that she wanted to see what comes from a child-safety task force before deciding whether to hold additional hearings on Child Protective Services. Gov. Jan Brewer is expected to name members of the task force in the next few days. Brewer wants recommendations from the task force by Dec. 31.
But during public testimony, several people said critical problems within the CPS need urgent attention.
“I think the system is struggling greatly – all aspects of the system,” said Dana Wolfe Naimark, CEO of Children’s Action Alliance. “What we’ve heard today really doesn’t tell you the story of CPS.”
One of the audits, from September 2009, said the agency inconsistently reviewed relatives willing to take temporary custody of children and failed to properly document efforts to place children with relatives. The agency has since implemented specific guidelines for workers to assess the fitness of relatives and is still working on getting staff to better document efforts to find relatives.
About one-third of Arizona’s foster children live with relatives.
Clarence Carter, director of the Department of Economic Security, which oversees CPS, said in response to a question that grandparents and other relatives who take in foster children have access to all the services that unrelated foster families and shelter operators do.
“The fact that a child is placed with a relative doesn’t change the needs of that child,” Carter told Sen. Leah Landrum Taylor, D-Phoenix.
But Suzanne Schunk, director of family services for Southwest Human Development, told the committee that grandparents and other relatives don’t get the same support as foster parents. They aren’t paid to care for the kids, and they often can’t find services that the children need or can’t afford to pay for them, she said.
Landrum Taylor agreed.
“A lot of times they’re unable to do it, so it just doesn’t happen,” she said.
And Brenda Gloria of Phoenix, who cares for two grandchildren, said CPS caseworkers gave their parents too many chances. She said it was heartbreaking to have the children sent back home year after year, only to be removed and returned to her.
CPS supervisors also are reviewing a backlog of nearly 10,000 inactive abuse and neglect cases and trying out a streamlined investigation process that could shave weeks off the average case, which now takes five to six months to complete.
Source http://tucsoncitizen.com/arizona-news/2011/10/21/panel-wont-delve-deeper-into-cps-woes/
An Arizona legislative committee, apparently satisfied that the state’s child-welfare agency has adequately responded to problems raised by three state audits since 2009, declined to delve deeper Thursday into broader troubles within the system.
Sen. Linda Gray, R-Glendale, co-chair of the committee, said after the hearing that she wanted to see what comes from a child-safety task force before deciding whether to hold additional hearings on Child Protective Services. Gov. Jan Brewer is expected to name members of the task force in the next few days. Brewer wants recommendations from the task force by Dec. 31.
But during public testimony, several people said critical problems within the CPS need urgent attention.
“I think the system is struggling greatly – all aspects of the system,” said Dana Wolfe Naimark, CEO of Children’s Action Alliance. “What we’ve heard today really doesn’t tell you the story of CPS.”
One of the audits, from September 2009, said the agency inconsistently reviewed relatives willing to take temporary custody of children and failed to properly document efforts to place children with relatives. The agency has since implemented specific guidelines for workers to assess the fitness of relatives and is still working on getting staff to better document efforts to find relatives.
About one-third of Arizona’s foster children live with relatives.
Clarence Carter, director of the Department of Economic Security, which oversees CPS, said in response to a question that grandparents and other relatives who take in foster children have access to all the services that unrelated foster families and shelter operators do.
“The fact that a child is placed with a relative doesn’t change the needs of that child,” Carter told Sen. Leah Landrum Taylor, D-Phoenix.
But Suzanne Schunk, director of family services for Southwest Human Development, told the committee that grandparents and other relatives don’t get the same support as foster parents. They aren’t paid to care for the kids, and they often can’t find services that the children need or can’t afford to pay for them, she said.
Landrum Taylor agreed.
“A lot of times they’re unable to do it, so it just doesn’t happen,” she said.
And Brenda Gloria of Phoenix, who cares for two grandchildren, said CPS caseworkers gave their parents too many chances. She said it was heartbreaking to have the children sent back home year after year, only to be removed and returned to her.
CPS supervisors also are reviewing a backlog of nearly 10,000 inactive abuse and neglect cases and trying out a streamlined investigation process that could shave weeks off the average case, which now takes five to six months to complete.
Source http://tucsoncitizen.com/arizona-news/2011/10/21/panel-wont-delve-deeper-into-cps-woes/
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