Showing posts with label adoptive parents. Show all posts
Showing posts with label adoptive parents. Show all posts

Saturday, January 21, 2012

Colorado Court Rules Social Workers Potentially Liable in Foster Home Abuse

Written by: James Swift

Earlier this month, the Colorado Court of Appeals ruled that social workers in Adams County may be held legally responsible for failures to protect children in foster care from abuse.

The ruling stems from a case involving a lawsuit filed by three siblings, who claim that social workers failed to safeguard them from abuse in their mother’s home, and later deceived their adoptive parents about the severity of their abuse history.

Prior to the ruling, the adoptive parents of the children unsuccessfully filed a separate suit against the Adams County Department of Social Services, claiming that social workers did not disclose the full records of abuse prior to their adoption. Last December, a federal judge ruled that Denver’s social workers could be sued, following the case of a 7-year-old who starved to death under the watch of his foster parents.

The ruling allows the siblings to proceed with their lawsuit against the Adams County Department of Social Services, on the grounds that their rights to safety were violated by county social workers.

The appellate court determined that the state’s division director of Child Welfare Angela Lytle, who supervised social workers Joan Forsmark and Cathy O’Donnell, acted “recklessly in conscious disregard” of the plaintiffs’ safety.

“The conduct put the children at substantial risk of serious, immediate, and proximate harm that was known to or suspected by Lytle at the time of the adoption,” the court opinion reads. “And such conduct, when viewed in total, is conscience shocking.”

Plaintiff attorney Jordan Factor said that the ruling could pave the way for major changes to the state’s foster home system.

“Each circumstance is a little different, and this adds to the mix of circumstances in which the courts consistently say that children in the custody of the state of Colorado have a right to be kept safe from harm,” Factor said. “It is a case that has an opportunity to do real justice.”

Source http://jjie.org/colorado-court-rules-social-workers-potentially-liable-foster-home-abuse/69345

Wednesday, January 18, 2012

State Police: Marion County Man Makes False Child Abuse Claims - West Virginia

By Lisa Robbins

The state police have arrested a Marion County man accused of falsely reporting multiple child abuse incidents.

Fred Spadafore, 52, is charged with three counts of falsely reporting an emergency incident and two counts of false information to a trooper.

Spadafore made multiple child abuse reports through a child abuse hotline, according to authorities.

Spadafore said there was a 14-year-old girl who was being sexually abused by her adoptive parents in Rivesville, according to investigators.

Sergeant Adam Scott said authorities and Child Protective Services went to Rivesville to find the family in question.

Scott said they learned that the child abuse claims were false. He said Spadafore admitted to calling the hotline so he could so he could sexually pleasure himself.

Spadafore is in the North Central Regional Jail awaiting arraignment.

http://www.wboy.com/story/16528954/2012/01/16/state-police-marion-county-man-makes-false-child-abuse-claims

Saturday, January 7, 2012

Colorado appeals court allows abused siblings to sue social workers

By Felisa Cardona

Three siblings severely abused in the home of their biological mother and later in foster care can pursue their lawsuit against Adams County social workers who allegedly failed to protect them and deceived their adoptive parents about the extent of their problems, the Colorado Court of Appeals ruled Thursday.

In the summer of 2002, the siblings — then ages 9, 6 and 3 — were adopted by a couple who only learned about the history of abuse on the eve of the adoption. The children were engaging in incestuous acts with each other, and one of them had to be removed from their home because she was suicidal.

The fallout of the abuse was so egregious that the adoptive parents installed alarms in the children's rooms to prevent them from abusing each other. The couple ended up divorcing, blaming the failure of the marriage on the stress caused by the children's emotional problems.

The names of the parents and siblings are being withheld by The Denver Post because the children are victims of sexual abuse and naming their adoptive parents would identify them.

The adoptive parents sued the Adams County Department of Social Services, asserting that social workers had a duty to fully disclose the background of the children. But the parents lost their case when a jury decided that the social workers were not "willful and wanton" in failing to inform them of the history of abuse.

Thursday's ruling allows lawyers for the children to proceed to trial with different claims — that the siblings' rights to be free from harm were violated by the workers entrusted to protect them.

"Evidence was presented at the first trial about the extraordinary challenges these children would face as a result of the defendants' conduct, and unfortunately it all seems to be coming to pass," said attorney Jordan Factor, who argued the case at the Colorado Court of Appeals.

Adams County argued that the social workers, Joan Forsmark, Cathy O'Donnell and Angela Lytle, were protected from the lawsuit by the state's governmental immunity law.

The court disagreed and concluded that Lytle, who as a division director of child welfare supervised O'Donnell and Forsmark, acted "recklessly."

"Lytle increased the children's vulnerability to the danger by not preparing the (adoptive parents) to deal with their extraordinary emotional needs, and by continuing to support the children's adoption as a sibling group, despite the revelations of incest, which distinguished them from the type of children the (adoptive parents) had indicated they were ready to adopt," the court's opinion reads. "This conduct put the children at substantial risk of serious, immediate, and proximate harm that was known to or suspected by Lytle at the time of the adoption. Such allegations show that Lytle acted recklessly in conscious disregard of that risk. And such conduct, when viewed in total, is conscience shocking."

Adams County Attorney Hal Warren declined to comment on the merits of the claims because the case is heading to trial.

Warren is reviewing the court's ruling to decide whether an appeal to the state Supreme Court is possible.

O'Donnell is still employed by the county. Forsmark has since retired. Lytle works for the Arapahoe County Department of Human Services.

The decision Thursday comes a month after a federal judge ruled that social workers in Denver were not immune from a lawsuit in the case of 7-year-old Chandler Grafner, who was starved to death by his foster parents.

In that case, the judge noted the neglect of Chandler by social services was also "conscious-shocking" and that a complaint of child abuse made by a teacher's aide a month before his death was not thoroughly investigated by Denver Human Services.

Factor, one of the siblings' lawyers in the Adams County case, said he hopes the rulings will have an impact on the quality of care for children.

"Each circumstance is a little different, and this adds to the mix of circumstances in which the courts consistently say that children in the custody of the state of Colorado have a right to be kept safe from harm," he said. "It is a case that has an opportunity to do real justice."

http://www.denverpost.com/news/ci_19685387

Wednesday, November 9, 2011

Can Adoption Lead to Child Abuse?

By Lisa Belkin

I have not been able to get four-year-old Sean Paddock, or 11-year-old Hanna Williams, or 7-year-old Lydia Schatz out of my mind. As Erik Eckholm reported in the New York Times yesterday, and Anderson Cooper discussed on CNN, most recently last week, the three children all died within the past five years, and they had several chilling factors in common.

Each of their deaths were brutal and agonizing: Sean suffocated; Hana, who was found lying naked in the muddy yard, died of hypothermia and malnutrition; Lydia showed signs of a brutal beating. In each case, one or both of their parents has been charged with their murder.

And in each case, those parents are said to have essentially punished their children to death, allegedly because they believed it was God's will. They are said to have been guided by the book To Train Up A Child, by Michael and Debi Pearl, which advocates beating children with rubber tubing, leaving them outside in the cold, and witholding food for days at a time in keeping with Biblical teachings. (No, I am not linking to it, out of sympathy with those who are petitioning sites like Amazon not to sell this particular book, which does not directly advocate the level of abuse that killed these children, but that appears to have been misinterpreted and misused by at least some of the parents who stand accused.)

Much attention has been paid to the religious pieces of a this tale. Less noted is that each of these children joined these families through adoption. Sean was born in the US, as were his five adopted siblings. Hana was from Ethiopia, as was her adopted brother (their parents had six biological children as well), and Lydia was from Liberia (there were two other adopted siblings among the family's nine children.)

Is this merely grisly coincidence? Or is there something about the adoption dynamic that makes violent abuse more likely?

One possibility is that adoptive children -- particularly those who spend their earliest years in an orphanage or shuttling from one foster caregiver to the next -- are more likely to suffer reactive attachment disorder, which are essentially the inability not only to bond, but to feel. The effects are not just psychological, but also physical, with evidence these children can have elevated levels of the hormone cortisol, which increases their tolerance for pain. Some speculate that spanking a child with Reactive Attachment Disorder can spiral out of control quickly, because it takes abusive levels of pain before the child actually feels it and responds.

This cycle is the talk of a handful of adoptive parenting websites, and, in particular, it has been discussed often on Why Not Train a Child, which is dedicated to warning parents about the dangers of the Pearls' book. There an anonymous commenter there, who describes him or herself as knowing the parents of Hana Williams personally, speculates:

Initially, I think their intentions for adopting were "good" (although I am uncomfortable with the idea of adopting children solely because you are religiously motivated to "rescue" them). I don't think they adopted Hana and her brother so that they could have some children to torture and abuse. However, I believe they made a huge assumption that these kids would respond to their methods just like their own biological children did. They expected Hana and her little brother to assimilate into their family, and most likely ignored their culture, how they had grown up (customs, beliefs, etc), and most importantly, the trauma that Hana and her brother had gone through in their childhoods. These kids just weren't acting like their biological children. Instead of taking a step back and getting professional help, they decided that they would continue to follow the Pearl method, but continued to up the ante, because these kids were NOT succumbing to being "broken".

Adoption can save a child and create a family. It can also come with complications that biological parents are far less likely to face. All children are vulnerable, but adopted children are more so, because the very fact of their adoption tells of a shakier start in life. They deserve more of our protection. In at least three cases they did not receive it.

Source http://www.huffingtonpost.com/lisa-belkin/adoption-spanking-childabuse_b_1081617.html

Tuesday, November 8, 2011

Native children suffer under a modern-day version of forced assimilation

by Donna Ennis

The federal government began sending American Indians to off-reservation boarding schools in the 1870s, when the United States was still at war with Indians. An Army officer, Richard Pratt, founded the first of these schools.

Pratt believed that the Indian Wars weren't extinguishing the culture fast enough, so he came up with the idea of separating children from their parents. The first boarding schools were started in the late 1800s. Our elders describe trains coming into tribal communities and grabbing children from their homes and taking them to these boarding schools. The effects of boarding schools are far-reaching and have resulted in historical, intergenerational and cultural trauma to our Native people.

Those boarding schools have an echo today.

Beginning with his separation from his family at the age of 4, Andrew was shuffled 28 times from foster home to foster home. He was stripped of his identity and placed in homes outside of his culture. He grew up not knowing who he was or where he came from because he was removed at such an impressionable young age, leaving him with no sense of belonging. I believe that a child's most important need, besides food, clothing and shelter, is the need to belong. Although Andrew had many siblings, he saw only a couple of the older ones on occasion and never saw his younger siblings again.

Andrew committed suicide at the age of 17 by hanging himself from a tree on the property of what was to be his last foster home. After his death, arrangements were made to get the family together for his burial. I have worked with many youth over the years, and it never gets any easier for me to comprehend what kind of child welfare system allows these atrocities to happen.

The trauma that Andrew suffered echoed the assimilation policies set out by the government through the federal Indian boarding school program. He too was separated from his family and tribe. Dominant cultural values were forced on him through a process of forced assimilation.

The 1978 Indian Child Welfare Act was created by the federal government in order to establish federal authority over adoption of Native American children. The goal of the act was to strengthen and preserve Native American families and culture.

Each year, South Dakota removes an average of 700 Native children from their homes. Of these 700 children, 90 percent are placed in non-Native homes or group care. The continuing separation of children from their heritage is a tragic and destructive aspect of these cross-cultural placements.

Despite federal law to the contrary, a boarding school mentality exists in favor of placing Native children in non-Indian settings. The identity of Native youth is devalued. Forced assimilation leads to conflict with these young people, who can become very confused about their tribal identity.

There is again a price on Indian children's heads, seen in the distribution of federal money to social services for their care. In addition, South Dakota has a record of designating Native children as having special needs -- which means they are worth more to the state financially than other children.

Social service agencies like Children's Home Society have become the new boarding schools for South Dakota. Just like in early tribal communities, children are being forcibly taken from their homes with no real basis. Families and tribes are being forced to hide their children from the state.

http://minnesota.publicradio.org/display/web/2011/11/08/ennis/

Wednesday, October 26, 2011

Oregon Child Abuse Cases Drop Dramatically in Lane County

By Stacia Kalinoski

EUGENE, Ore. -- After increasing in 2010, child abuse cases in Lane County have dropped dramatically this year.

So far, thirty percent fewer children have been taken into the state's care.

DHS District Manager John Radich attributes that to places like Willamette Family, which is considered an in-home service.

Last year, the state reallocated money for in-home services, so kids didn't have to straight to foster care.

To fund those agencies, Radich says the state took money away from parenting classes.

Radich says parenting classes don't do much good if the kids are in foster care.

But with in-home services, parents get parenting advice, treatment and can stay with their children all at the same time.

Holding her six-week-old baby girl is something Nikia Modrell may not have been able to do, if she was in this position a year ago.

"I would probably still be out on the streets," Modrell said.

And her baby would be in foster care. But thanks to more state funding for in-home services, Nikia is living in a home setting, at Willamette Family in Eugene.

It's a health, wellness, and drug recovery agency.

She can take care of her baby and get treatment for drug abuse at the same time.

"Being able to bond with my newborn is really important and if we were seperated we wouldn't be able to do that," she said.

"The more we can keep the parents connected and involved with the kids, I think the better chance we have of them addressing their issues and behaviors they need to change," said Radich.

"We look at attachment and bonding, we don't want to interupt that process," said Chris Sterling, Oregon Child Protective Service worker.

Sterling says more support from relatives is also a reason for the decline, and so far, the theories seems to be working. In 2010, petitions to have children placed under state custody rose 15 percent in Lane County.

Now?

"Twenty to 30 percent less than we had a year ago. I'm a little surprised our numbers are down this much based on the economy," said Radich.

The numbers are now back to where they were before the economy tanked, in 2007.

Last year, DHS had 60 child abuse cases a month in Lane County.

So far this year, it's 40.

Nikia is grateful to be part of this year's success rate.

I'm learning how to be clean and sober. It's everything that I've needed," she said.

Radich says DHS is understaffed, So he hopes fewer cases means his employees can spend more quality time with children in foster care.

Another benefit to fewer cases is that it saves taxpayers money.

Radich says it costs $22,000 a year for just one kid to go through the foster care system in Oregon.

Source http://kezi.com/page/228132

Wednesday, September 28, 2011

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

Wednesday, September 21, 2011

Lawmakers express continued frustration with DCF response in Barahona case

By Dara Kam
Palm Beach Post Staff Writer

Updated: 6:16 p.m. Tuesday, Sept. 20, 2011
Posted: 6:12 p.m. Tuesday, Sept. 20, 2011

TALLAHASSEE — Frustrated lawmakers grilled the head of Florida's Department of Children and Families Tuesday and expressed doubt about whether he's doing enough to make the state's children safer in the aftermath of the alleged Barahona child abuse case.

DCF Secretary David Wilkins' appearance Tuesday morning before the Senate Children, Families and Elder Affairs Committee was his first since the July 25 release of a Miami-Dade County grand jury report that found that child welfare workers failed to properly monitor Nubia Barahona's adoptive parents as highlighted by her alleged torture and slaying this winter.

Wilkins was appointed by Gov. Rick Scott shortly before 10-year-old Nubia's body was discovered in a plastic bag in the back of her adopted father Jorge Barahona's truck alongside Interstate 95 in West Palm Beach on Valentine's Day. Her twin brother, Victor, was found drenched in chemicals and convulsing in the front seat.

Jorge Barahona and his wife Carmen, the children's foster parents for five years before adopting them, have been charged with first-degree murder and child abuse in Nubia's death.

Since then, the agency hired 100 child protection investigators, conducted additional training session for caseworkers and increased the number of foster children who are getting regular medical and dental care, Wilkins said. The department has also stopped measuring how long hot line operators spend on the phone with tipsters, he said. The abuse hot line received at least two calls in the days preceding Nubia's death.

"But we've still got a long way to go," Wilkins told the committee, acknowledging there was a "big breakdown" in the Barahona case.

The non-binding grand jury report recommended that child welfare workers have full access to databases containing reports of allegations about at-risk children, something that Wilkins said he was still trying to put into effect.

But he drew fire from Committee Chairwoman Ronda Storms, R-Valrico, when he blamed the tragedy on Andrea Fleary, the DCF child abuse investigator fired in March who allegedly repeatedly signed off on the children's welfare without making contact with them.

"Our assessment is that the number one symptom of the problem was the case manager was not owning the case," he said.

To which Storm said, "I don't know what the heck that means. What the blankety-blank does that mean? The little girl was practically peeling paint off the wall to eat and they were afraid of these people and everybody at the school was saying it and the most we can come up with was the case manager was not owning the case?

"I think you should be more direct to say this was a human failure for humanity for this person. That's a human failure. I don't know how else to say it."

Wilkins also said that all foster children are now being seen by caseworkers every 30 days but that he wanted an extra $25 million for additional visits "any time a major event" occurs in the child's life.

Caseworkers should already have been visiting the children monthly, Sen. Nan Rich said, because lawmakers initiated that requirement after the disappearance a decade ago of Rilya Wilson, a 4-year-old foster child who has never been found.

"We're going right back to the same kind of situation," Rich, D-Weston, said.

The disconnection of the Barahonas' telephone, the children's problems at school, hot line reports and an inability to make physical contact with the twins apparently went ignored, Rich said.

"Normally I would say we don't need legislation. But to me something is dramatically and drastically wrong if all of these red flags are not seen. This to me is just crying out for us to do something," she said.

Wilkins suggested that the agency keep tabs on adopted children for up to one year, especially in the case of special needs children.

But Storms, a lawyer, said she believed that would be unconstitutional.

After Wilkins' hour-long testimony, lawmakers appeared uncertain what, if anything, they could do.

"It's a source of enormous frustration. It can be very discouraging to continue to hear some of the same things," Storms said after Wilkins testified. "All I can do is keep trying and keep hoping that we get a different result. But we can make all the laws that we want to make and pass all the statutes and if people will not do what they're supposed to do then I don't know how you fix that."

Source http://www.palmbeachpost.com/news/state/lawmakers-express-continued-frustration-with-dcf-response-in-1869405.html

Sunday, July 31, 2011

Where Was CPS While Lilly Manning Was Beaten And Tortured?

You have got to watch and read this horrific story. A true story of abuse and torture that spanned several years. Where was CPS? Where were the first responders? Where?!

http://www.sacbee.com/2011/07/31/3806037/california-texas-agencies-all.html

Be sure to watch the video and read the pdf file of the sheriff's interview with Lilly at the above link. It is absolutely heartbreaking!

It was not hard to see that this girl was continually abused. It wasn't like she could hide all of the wounds as they were inflicted upon her or the scarring after the wounds healed. Her abuse was up front and in the face of anyone who had contact with her.

While CPS is out creating cases against falsely accused, chasing anonymous tips (usually false info) and making up things against people, how many other children are suffering in the same manner as beautiful Lilly?

CPS and all first responders that Lilly had contact with should be held accountable for neglecting her need for protection from her abusers.