Foster fiasco - Boy on run two years after ‘bungle’

By MITCHEL MADDUX

It’s a colossal foster-care nightmare that ended with the disappearance of a 7-year-old boy two years ago — and it didn’t have to happen.

Top-notch lawyers appointed by a judge to represent the interests of missing Patrick Alford claim that the child, who vanished from his Brooklyn foster home, could have been safe today if not for glaring missteps by city child-welfare workers.

The lawyers argue that the employees with the city’s Administration for Children’s Service outrageously misled the Family Court in their bid to prove the child was in danger and even required placement in foster care in the first place.

It’s not clear why the workers did what they did to justify taking the boy. But they failed to disclose to a Family Court judge that, at the time, the child had actually been living at an aunt’s house and not with his mother, who was battling drug-addiction problems, lawyer Jonathan Lerner argued in papers filed in Brooklyn federal court.

Child-welfare workers lied in a sworn affidavit by “falsely representing to the court” there was “an imminent danger to the child’s life” if he was not immediately removed, “when in truth” young Patrick “was in no danger, imminent or otherwise, from continuing in his aunt’s care,” the documents state.

Lerner, a senior attorney at the white-shoe firm of Skadden Arps now serving as pro-bono counsel for the child, said ACS “made no assessment” that the aunt’s temporary custody of the boy “posed any danger” when its workers decided to seize Patrick on Dec. 29, 2009.

When ACS workers met again with the aunt two weeks later, they even deemed her suitable to serve as a temporary guardian for the boy. But for reasons that are unclear, the child nevertheless continued to remain in the foster home until his disappearance, Lerner wrote in the scathing court papers.

Patrick, who would now be 9 years old, was last seen on the night of Jan. 22, 2010, after he apparently slipped off while taking out the trash with his foster mom at her East New York home.

Adding to the debacle, ACS put him with a foster mother who spoke only Spanish, even though Patrick spoke only English.

The child, who had documented emotional and educational issues, was so unhappy that he began to experience psychiatric problems and tried to run away on several occasions.

Despite a psychologist’s assessment that the boy urgently needed medication and psychiatric care, ACS failed to take immediate action to help the boy, Lerner charged.

This chain of events prompted a federal judge overseeing the lawsuit about the child’s disappearance to suggest that — if proven — the city could be liable for damages.

Lawyers for the city strongly dispute the claim that ACS workers deliberately misled a Family Court judge and contend that facts arose that led them to believe that leaving Patrick with relatives was not a good option.

Source http://www.nypost.com/p/news/local/brooklyn/foster_fiasco_2t4PoiyY60swRmOCmHCVXN

Abducted children found, claim city abuse

BY BOB DODA

The search for eight children taken from a foster care facility in Forest Hills on September 19 ended at around 10:30 p.m. Monday evening in Harrisburg, Pennsylvania.

Police officials say that Shanel Nadal, 28, of Manhattan, and her husband Nephra Payne are awaiting extradition back to New York City after being found with their eight children – seven boys named Nephra and one 11-month-old girl – preparing to spend the night in a van with no license plates. The Daily News has reported that a joint police effort between NYPD, South Carolina State Police and the FBI were able to track the family through their cell phone and swipes on their welfare benefits card.

While the eight-child escape from a supervised visit with foster parents and Forestdale officials was dramatic enough, Norman Steiner – the parent’s attorney – claims that while in the city’s custody the children were abused. He states that the planned abduction was in the best interest of the children.

“The children were sexually molested while in the care of the city,” said Steiner to The Daily News. “You can’t blame the parents for acting in the children’s best interest. It’s a shame the city failed them.”

Steiner did not release any details regarding the alleged abuse but says he fully expects his clients to be exonerated from any crime.

An attempt to visit and interview Riverdale officials was refuted by workers at the agency who said the Administration for Children’s Services (ACS) would speak on their behalf. They issued two statements regarding the apprehension of the family and the allegation of abuse on the city’s behalf:

“It is wonderful that the Payne children have been located and are now safe. Specially-trained staff from ACS will bring the children home to New York City. . . An investigation by ACS is already underway into how the children could have been abducted from the foster care agency during a supervised visit. ACS is reviewing with the foster care agency the protocols it has in place for supervised visits and its campus security system. We will share the results of that investigation once it is completed . . . We are aware of the allegations currently being made by the parents and we take all allegations of abuse seriously. Our immediate concerns are for the well being of the children. We have appropriate mental health professionals working with the children, including experts in trauma and a range of other disciplines.”

The parents will be charged with kidnapping, custodial interference and child endangerment, according to Associated Press reports. Nadal was arraigned and bail was set at $200,000.

Source http://www.queenscourier.com/articles/2011/09/28/news/top_stories/doc4e836b977bd08255418581.txt