SOUTH BEND, Ind. — An anonymous caller to Indiana’s child abuse hotline pleaded for 20 minutes for someone to check on conditions in a South Bend home six months before a boy living there was tortured to death, a newspaper reports.
The South Bend Tribune posted the story online (http://bit.ly/wEQaqe ) Monday, after the Court of Appeals dismissed an attempt by the Department of Child Services to block the story’s publication. The caller last May told the person answering the phone at the hotline about another child’s injuries that day. The caller said the injuries left the boy limping and bleeding in his abdomen.
“Please go tonight. Please go,” the caller says. “I’m not saying this just to be saying this. Please go. Something got to be done. ... If they go there right now, they’ll see how them kids is beat, if they go there right now, because I don’t want it to get on the news and the boy died and then everybody come forward and they gonna say, ‘Well, why did nobody come forward from before?’”
Ten-year-old Tramelle Sturgis was found beaten to death in the house on Nov. 4, months after the May 27 hotline call.
His father, Terry Sturgis, is charged with murder, eight felony counts of battery and one misdemeanor count of battery, two counts of neglect, and two counts of confinement. He contends he was insane.
The Tribune reported a DCS spokeswoman did not respond to the newspaper’s requests to clarify policies on when the agency decides to investigate a call immediately and how urgent hotline calls are communicated to local offices. John Ryan, the agency’s chief of staff, declined comment to The Associated Press on Monday, saying he didn’t know enough about the policies or the case.
The Tribune reported that DCS documents it obtained under the state’s public records law indicate the call center contacted a family case manager the night of the call. The records do not indicate whether any action was taken then.
According to South Bend Police spokesman Capt. Phil Trent, police took a report from an anonymous caller just after midnight. Police records show two officers went to the house, having been told only that 10 children were possibly being abused. Trent said officers went to the home and everything appeared fine. He said unless police have more details to provide probable cause, they cannot enter a house after midnight, pull children aside and ask to look under their shirts for injuries. If an officer saw an injury or blood on a shirt, he would have probable cause.
“If you suspect that (abuse), you can seize the child, but you’d better be able to articulate why you did that,” he said.
The caller to the DCS hotline told the DCS worker the children would likely have marks.
“All you got to do is just raise them shirts up,” the caller replies with concern. “And I think them kids would tell it because them kids so scared.”
The caller said that the week before, some of the children were beaten so badly that their visible injuries kept them from being sent to school.
Indiana Attorney General Greg Zoeller said he asked the state Court of Appeals to dismiss DCS’ attempt to block the South Bend Tribune from publishing a story because prior restraint of the news media is inconsistent with the First Amendment. Ryan, who is with the DCS, said the agency was concerned the media would publish information that would identify the caller.
Source http://www.washingtonpost.com/national/report-anonymous-ind-hotline-caller-pleaded-20-minutes-for-abuse-check-before-boys-death/2012/03/12/gIQAtf847R_story.html
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 beaten. Show all posts
Showing posts with label beaten. Show all posts
Wednesday, March 14, 2012
Wednesday, January 18, 2012
State officials investigating several cases of abuse of adopted children
By Barbara LaBoe
An alleged child starvation case near Longview is one of more than a dozen cases — including one death — that have state officials reviewing how adopted children are placed and treated.
The number of abuse cases is small compared to all adoptions. But a string of high-profile child starvation cases last year — including one from May accusing Jeffrey and Rebecca Trebilcock of starving their five adopted children at their Bunker Hill-area home — has state officials alarmed.
"Starting in the beginning of 2011 we started seeing a cluster effect of these types of cases," said Mary Meinig, director of the state's Family and Children's Ombudsman office, who included a section about adoption abuse in her annual report, released last week.
Many of the cases include starvation. "We have so many great adoptive homes in the state, but then we also have these. ... I think it's apparent that it needs to be looked at."
"We want to jump start this as quickly as possible," said Denise Revels Robinson, assistant secretary of the state Department of Social and Health Services. "There's a sense of urgency here. Not crisis, but urgency, because these are very serious issues."
One adopted child, 13-year-old Hana Williams of Sedro Wooley, died in May from hypothermia and starvation after being left outside as punishment. The Trebilcock's adopted son, then 13, landed in emergency room in March so severely malnourished that he weighed just 49 pounds, according to court documents.
Officials are concerned at the severity of these cases, the apparent spike in them and that so many seem to involve adopted children. The adoption cases are particularly concerning because screening by the state or private adoption agencies should catch unfit parents before children are placed.
Dr. Frances Chalmers, a Mount Vernon pediatrician who consults with DSHS, began to get a "nagging feeling" that something was up and started tracking starvation cases herself. Meinig started doing the same, finding 15 adoption or guardianship cases since 2009 that involved starvation or severe abuse. Eleven of those cases were in 2011.
Not all the cases listed in Meinig's report became public because, unlike the Trebilcocks, not all the parents were criminally charged. All are horrific, though, including cases where children were beaten with wooden boards embedded with nails, sexually abused and severely malnourished.
While Hana Williams' death is the most serious and disturbing case, "even the kids who don't die are significantly traumatized," Chalmers, said.
Adoptions, concerns increasing
Officials aren't sure if the surge of cases in 2011 is the start of a disturbing new trend — but they're working to find out. A work group of child experts - ordered by Gov. Chris Gregoire — will look at adoptions, including foreign adoptions, as well as abuse by withholding food.
Among other topics, they'll investigate:
• Are neglect and abuse — including withholding food — on the rise and are they more prevalent in adoptive homes?
The state hasn't tracked withholding food cases before. Anecdotally, though, the number of cases seems to be rising. Of the five criminal withholding food cases statewide in 2011, four involved adoptions.
It's also possible that increased social worker training — and publicity about the most horrific cases — may have led to more cases being reported last year, said DSHS Spokeswoman Sherry Hill.
• Did a rapid increase in adoptions let some unfit parents slip through the cracks?
In recent years, state and federal law encouraged quicker adoptions to move children out of foster care and into permanent homes. Meinig said they need to examine if it's also lead to unfit parents being approved for adoption.
In 2002, there were 1,074 adoptions of Washington children in foster care or other child welfare programs. By 2009 that number nearly doubled to 2,091. The increase from 2008 to 2009 alone was 66 percent. Nationally, the increase from 2002 to 2009 was only 12 percent.
• Does the adoption process itself need to be reworked?
Child welfare officials screen parents adopting through the state foster care system and license private adoption agencies, but state workers do not screen private adoptions or adoptions in other states or countries. Some of the cases highlighted by Meinig included non-Washington adoptions or families who had no prior contact with state Child Protective Services. The state group will investigate if more oversight is needed.
• Does age, race or gender play a role in abuse of adopted children?
Some of the cases highlighted by Meinig involved foreign and/or cross-race adoptions. Officials don't know if that played a role in these cases, but want to examine it further. Three of the Trebilcock's five adopted were from Haiti.
There isn't one simple answer, though, because abuse itself is so complex.
"Nobody's going to say during screening that ‘If I don't like them, I'm not going to feed them,' " Meinig said. "And I don't think anyone actually envisions that they're going to do this. I think it's a progression thing that happens."
Local case, common threads
The Trebilcocks deny they starved their children and are fighting the charges in both the criminal and child dependency courts. (See related story.)
But Meinig said the allegations in the case bear several of the hallmarks common in all the cases she reviewed.
The five adopted Trebilcock children, ages 8 to 14, told investigators they were denied food. Kitchen cabinets had alarms on them and the children were punished for "stealing food," they said. Other family members, though, appeared well-fed, according to investigators.
"There was plenty of food" in all the cases, Meinig said. "These were really purposeful withholding and punishment and control. ... Food is kind of the ultimate control."
The Trebilcock children also told investigators they were beaten and made to stand outside, isolated from the rest of the family - another commonality Meinig found in many of the cases. The Trebilcocks also were home-schooled, which some officials say can be a way hiding the signs of starvation.
"Food withholding as a form of abuse has been around forever, from its mildest form of a misbehaving child being sent to bed without dinner to really severe cases of withholding that lead to medical problems," said Dr. Chalmers, who helps train social workers to look for signs of abuse. "So I've been trying to think about ways we could identify these kids before they die or end up in the hospital for malnutrition."
Reluctance to call
State officials hope the group of child experts can meet by early February and complete its work by May.
Any recommendations will be forwarded to DSHS, which will brief the governor's office as well as the Legislature, Revels Robinson said.
The state's budget crunch doesn't leave much extra money for new programs or enforcement, but Revels Robinson said she believes many of the recommendations could be relatively inexpensive. Some of the changes could be a change of emphasis in screenings, for example. Additional or substitute training also could provided to social workers at little cost, she said.
Officials also stress one of the best defenses against child abuse is for people to speak up when they suspect it. Too often people are afraid to "cause trouble" and then live to regret it, they said. And while there may not be immediate action from one report or call, that doesn't mean the calls are ignored, they said.
"We really do rely on the eyes and ears of the community to alert us," Revels Robinson said.
Hana Williams — the 13-year-old who died in May — "had a number of friends and family who now say ‘I wish I'd called earlier,'" Chalmers said. "We really need to encourage people to be less reluctant to make those calls."
Source http://tdn.com/news/local/state-officials-investigating-several-cases-of-abuse-of-adopted-children/article_7fac29c2-3f25-11e1-b980-0019bb2963f4.html
An alleged child starvation case near Longview is one of more than a dozen cases — including one death — that have state officials reviewing how adopted children are placed and treated.
The number of abuse cases is small compared to all adoptions. But a string of high-profile child starvation cases last year — including one from May accusing Jeffrey and Rebecca Trebilcock of starving their five adopted children at their Bunker Hill-area home — has state officials alarmed.
"Starting in the beginning of 2011 we started seeing a cluster effect of these types of cases," said Mary Meinig, director of the state's Family and Children's Ombudsman office, who included a section about adoption abuse in her annual report, released last week.
Many of the cases include starvation. "We have so many great adoptive homes in the state, but then we also have these. ... I think it's apparent that it needs to be looked at."
"We want to jump start this as quickly as possible," said Denise Revels Robinson, assistant secretary of the state Department of Social and Health Services. "There's a sense of urgency here. Not crisis, but urgency, because these are very serious issues."
One adopted child, 13-year-old Hana Williams of Sedro Wooley, died in May from hypothermia and starvation after being left outside as punishment. The Trebilcock's adopted son, then 13, landed in emergency room in March so severely malnourished that he weighed just 49 pounds, according to court documents.
Officials are concerned at the severity of these cases, the apparent spike in them and that so many seem to involve adopted children. The adoption cases are particularly concerning because screening by the state or private adoption agencies should catch unfit parents before children are placed.
Dr. Frances Chalmers, a Mount Vernon pediatrician who consults with DSHS, began to get a "nagging feeling" that something was up and started tracking starvation cases herself. Meinig started doing the same, finding 15 adoption or guardianship cases since 2009 that involved starvation or severe abuse. Eleven of those cases were in 2011.
Not all the cases listed in Meinig's report became public because, unlike the Trebilcocks, not all the parents were criminally charged. All are horrific, though, including cases where children were beaten with wooden boards embedded with nails, sexually abused and severely malnourished.
While Hana Williams' death is the most serious and disturbing case, "even the kids who don't die are significantly traumatized," Chalmers, said.
Adoptions, concerns increasing
Officials aren't sure if the surge of cases in 2011 is the start of a disturbing new trend — but they're working to find out. A work group of child experts - ordered by Gov. Chris Gregoire — will look at adoptions, including foreign adoptions, as well as abuse by withholding food.
Among other topics, they'll investigate:
• Are neglect and abuse — including withholding food — on the rise and are they more prevalent in adoptive homes?
The state hasn't tracked withholding food cases before. Anecdotally, though, the number of cases seems to be rising. Of the five criminal withholding food cases statewide in 2011, four involved adoptions.
It's also possible that increased social worker training — and publicity about the most horrific cases — may have led to more cases being reported last year, said DSHS Spokeswoman Sherry Hill.
• Did a rapid increase in adoptions let some unfit parents slip through the cracks?
In recent years, state and federal law encouraged quicker adoptions to move children out of foster care and into permanent homes. Meinig said they need to examine if it's also lead to unfit parents being approved for adoption.
In 2002, there were 1,074 adoptions of Washington children in foster care or other child welfare programs. By 2009 that number nearly doubled to 2,091. The increase from 2008 to 2009 alone was 66 percent. Nationally, the increase from 2002 to 2009 was only 12 percent.
• Does the adoption process itself need to be reworked?
Child welfare officials screen parents adopting through the state foster care system and license private adoption agencies, but state workers do not screen private adoptions or adoptions in other states or countries. Some of the cases highlighted by Meinig included non-Washington adoptions or families who had no prior contact with state Child Protective Services. The state group will investigate if more oversight is needed.
• Does age, race or gender play a role in abuse of adopted children?
Some of the cases highlighted by Meinig involved foreign and/or cross-race adoptions. Officials don't know if that played a role in these cases, but want to examine it further. Three of the Trebilcock's five adopted were from Haiti.
There isn't one simple answer, though, because abuse itself is so complex.
"Nobody's going to say during screening that ‘If I don't like them, I'm not going to feed them,' " Meinig said. "And I don't think anyone actually envisions that they're going to do this. I think it's a progression thing that happens."
Local case, common threads
The Trebilcocks deny they starved their children and are fighting the charges in both the criminal and child dependency courts. (See related story.)
But Meinig said the allegations in the case bear several of the hallmarks common in all the cases she reviewed.
The five adopted Trebilcock children, ages 8 to 14, told investigators they were denied food. Kitchen cabinets had alarms on them and the children were punished for "stealing food," they said. Other family members, though, appeared well-fed, according to investigators.
"There was plenty of food" in all the cases, Meinig said. "These were really purposeful withholding and punishment and control. ... Food is kind of the ultimate control."
The Trebilcock children also told investigators they were beaten and made to stand outside, isolated from the rest of the family - another commonality Meinig found in many of the cases. The Trebilcocks also were home-schooled, which some officials say can be a way hiding the signs of starvation.
"Food withholding as a form of abuse has been around forever, from its mildest form of a misbehaving child being sent to bed without dinner to really severe cases of withholding that lead to medical problems," said Dr. Chalmers, who helps train social workers to look for signs of abuse. "So I've been trying to think about ways we could identify these kids before they die or end up in the hospital for malnutrition."
Reluctance to call
State officials hope the group of child experts can meet by early February and complete its work by May.
Any recommendations will be forwarded to DSHS, which will brief the governor's office as well as the Legislature, Revels Robinson said.
The state's budget crunch doesn't leave much extra money for new programs or enforcement, but Revels Robinson said she believes many of the recommendations could be relatively inexpensive. Some of the changes could be a change of emphasis in screenings, for example. Additional or substitute training also could provided to social workers at little cost, she said.
Officials also stress one of the best defenses against child abuse is for people to speak up when they suspect it. Too often people are afraid to "cause trouble" and then live to regret it, they said. And while there may not be immediate action from one report or call, that doesn't mean the calls are ignored, they said.
"We really do rely on the eyes and ears of the community to alert us," Revels Robinson said.
Hana Williams — the 13-year-old who died in May — "had a number of friends and family who now say ‘I wish I'd called earlier,'" Chalmers said. "We really need to encourage people to be less reluctant to make those calls."
Source http://tdn.com/news/local/state-officials-investigating-several-cases-of-abuse-of-adopted-children/article_7fac29c2-3f25-11e1-b980-0019bb2963f4.html
Monday, December 19, 2011
Kentucky child-welfare officials draw sharp criticism from lawmakers
Written by Deborah Yetter
FRANKFORT, KY. — At a packed committee hearing, Kentucky legislators berated the state’s top child-welfare officials Monday for failing to accurately report child-abuse fatalities.
And one lawmaker called for the resignation of the cabinet secretary who oversees Kentucky’s child-welfare programs, saying the state was withholding information.
“It concerns me the cabinet appears to have the attitude that it does not have to comply with the law, and it does not have to comply with court orders,” said Sen. Julie Denton, a Louisville Republican who is co-chairman of the interim joint Health and Welfare Committee, adding that the cabinet is “is broken, has gone rogue and is shrouded in secrecy.”
During a contentious committee hearing, several lawmakers said changes may be needed in state law to ensure that officials more accurately report cases of children that result in serious injuries or death.
State officials issued a report earlier this month that said 18 Kentucky children died of abuse or neglect in the fiscal year that ended June 30 — though The Courier-Journal reported Sunday that at least eight others were omitted.
Among those left out was the case of 9-year-old Amy Dye, a Todd County girl who was beaten to death by her adoptive brother.
Three Todd County school officials told the committee Monday that the case constitutes proof that Kentucky’s most vulnerable children must be better protected.
“One thing we want to make sure of, Amy Dye’s life did count for something,” said Todd County School Supt. Michael Kenner, testifying before the committee.
Lawmakers on the committee posed a number of questions, including why Amy’s death and others like it weren’t included in the cabinet’s annual report of child deaths and serious injuries.
Kenner said school officials had repeatedly tried to alert cabinet officials to suspected abuse of Amy after the agency approved her placement in the adoptive home — but to no avail.
“We’re not reporting cases just to be reporting them,” said Kenner, who appeared with an assistant superintendent and the principal from South Todd Elementary, Amy’s school. “It hurts when we feel like the things we report are not being taken seriously.”
The school officials said that they heard nothing back from the cabinet, despite repeated calls to a phone line designated for such matters, and that they never knew the outcome of any investigations.
“Out information goes into some big dark hole,” Kenner said. “We never know what is happening.”
The purpose of Monday’s hearing was for cabinet officials to explain its annual report on child abuse and neglect fatalities, which it released Dec. 1 — three months past the deadline under state law.
But discussion of Amy’s death dominated the discussion, even though the cabinet did not include her in that report, arguing that it didn’t have to because she was killed Feb. 4 by her 17-year-old brother, not a parent.
A judge has rejected that argument as a misinterpretation of state law, as did several lawmakers Monday.
“I do think the General Assembly meant to have these kinds of cases included in this report,” Denton said.
Denton, accusing the cabinet of obstructing lawmakers and withholding information, demanded the resignation of secretary Janie Miller.
Denton noted that the cabinet missed the deadline for filing its annual child-abuse report and has continued a legal fight over disclosure of records in cases involving child abuse deaths and serious injuries long after Franklin Circuit Court Judge Phillip Shepherd first ordered their release under open records law.
“I’m calling for the resignation of the secretary,” she said. “The buck stops with the secretary.”
Miller did not attend the hearing and through a spokeswoman declined to respond directly to Denton’s demand.
“I am very disappointed that Sen. Denton has resorted to a personal attack rather than deal with these very difficult issues,” she said in a statement.
Speaking for the cabinet on her last day of the job was Patricia Wilson, commissioner of social services, who has resigned.
Wilson described in general how the cabinet conducts child abuse investigations and reports fatalities from abuse and neglect. Amy’s death, she said, was not counted as an abuse death because the law requires the cabinet to report only those deaths caused by a parent, guardian or other person exercising custodial control.
And she stopped short of saying the cabinet failed Amy when she was asked by Sen. David Givens, R-Greensburg, whether “the system” failed her.
“No I don’t believe we violated any of our policies or practices,” she said.
Some lawmakers objected to that statement.
“If Amy Dye is cold in the ground, the system failed her,” said Sen. Alice Forgy Kerr, a Lexington Republican.
Said Givens: “The death you are not counting is a death of neglect. We all need to prevent the next Amy Dye.”
Wilson said that because a sibling killed Amy her death was not included in the annual report, which lists 18 child deaths from abuse or neglect during the most recent fiscal year.
Shepherd already rejected that argument in a ruling last month, saying the death was abuse — or at a minimum — neglect by adults in the home who allowed the abuse.
“To be clear, a parent need not personally administer the fatal blow in order to be held responsible for abuse or neglect,” Shepherd said in his order that the cabinet must release its records related to Amy’s death.
State law, conforming to federal law, allows the disclosure of cabinet records in the event of a child death or serious injury from abuse or neglect.
Several lawmakers expressed skepticism about the cabinet’s refusal to count Amy’s death or other such deaths in its annual report of child abuse deaths.
Sen. Joey Pendleton, D-Hopkinsville, wondered how many other cases are not in the report.
“I want to know how many children are murdered or killed within the home by a parent or sibling,” Pendleton said.
The Courier-Journal reported Sunday that at least eight other child deaths were not included in the report — most in cases in which parents or caregivers were charged with abuse, neglect or murder. Midkiff took exception with that report, saying that child fatalities are reported “consistent with the statutes.”
Rep. Martha Jane King, D-Lewisburg, whose district includes Todd County, said after the hearing that lawmakers should act if the law needs to be clearer.
“It’s out responsibility to make sure that if there’s a loophole, we go ahead and address it,” she said.
Camille Dillingham, the principal at Amy’s school, said after the hearing that she hopes the girl’s death brings about some changes.
“She was a quiet girl, she was very loving,” Dillingham said. “She was a very good student.”
Source http://www.courier-journal.com/article/20111219/NEWS01/312190090/child-abuse-state-legislature?odyssey=nav%7Chead
FRANKFORT, KY. — At a packed committee hearing, Kentucky legislators berated the state’s top child-welfare officials Monday for failing to accurately report child-abuse fatalities.
And one lawmaker called for the resignation of the cabinet secretary who oversees Kentucky’s child-welfare programs, saying the state was withholding information.
“It concerns me the cabinet appears to have the attitude that it does not have to comply with the law, and it does not have to comply with court orders,” said Sen. Julie Denton, a Louisville Republican who is co-chairman of the interim joint Health and Welfare Committee, adding that the cabinet is “is broken, has gone rogue and is shrouded in secrecy.”
During a contentious committee hearing, several lawmakers said changes may be needed in state law to ensure that officials more accurately report cases of children that result in serious injuries or death.
State officials issued a report earlier this month that said 18 Kentucky children died of abuse or neglect in the fiscal year that ended June 30 — though The Courier-Journal reported Sunday that at least eight others were omitted.
Among those left out was the case of 9-year-old Amy Dye, a Todd County girl who was beaten to death by her adoptive brother.
Three Todd County school officials told the committee Monday that the case constitutes proof that Kentucky’s most vulnerable children must be better protected.
“One thing we want to make sure of, Amy Dye’s life did count for something,” said Todd County School Supt. Michael Kenner, testifying before the committee.
Lawmakers on the committee posed a number of questions, including why Amy’s death and others like it weren’t included in the cabinet’s annual report of child deaths and serious injuries.
Kenner said school officials had repeatedly tried to alert cabinet officials to suspected abuse of Amy after the agency approved her placement in the adoptive home — but to no avail.
“We’re not reporting cases just to be reporting them,” said Kenner, who appeared with an assistant superintendent and the principal from South Todd Elementary, Amy’s school. “It hurts when we feel like the things we report are not being taken seriously.”
The school officials said that they heard nothing back from the cabinet, despite repeated calls to a phone line designated for such matters, and that they never knew the outcome of any investigations.
“Out information goes into some big dark hole,” Kenner said. “We never know what is happening.”
The purpose of Monday’s hearing was for cabinet officials to explain its annual report on child abuse and neglect fatalities, which it released Dec. 1 — three months past the deadline under state law.
But discussion of Amy’s death dominated the discussion, even though the cabinet did not include her in that report, arguing that it didn’t have to because she was killed Feb. 4 by her 17-year-old brother, not a parent.
A judge has rejected that argument as a misinterpretation of state law, as did several lawmakers Monday.
“I do think the General Assembly meant to have these kinds of cases included in this report,” Denton said.
Denton, accusing the cabinet of obstructing lawmakers and withholding information, demanded the resignation of secretary Janie Miller.
Denton noted that the cabinet missed the deadline for filing its annual child-abuse report and has continued a legal fight over disclosure of records in cases involving child abuse deaths and serious injuries long after Franklin Circuit Court Judge Phillip Shepherd first ordered their release under open records law.
“I’m calling for the resignation of the secretary,” she said. “The buck stops with the secretary.”
Miller did not attend the hearing and through a spokeswoman declined to respond directly to Denton’s demand.
“I am very disappointed that Sen. Denton has resorted to a personal attack rather than deal with these very difficult issues,” she said in a statement.
Speaking for the cabinet on her last day of the job was Patricia Wilson, commissioner of social services, who has resigned.
Wilson described in general how the cabinet conducts child abuse investigations and reports fatalities from abuse and neglect. Amy’s death, she said, was not counted as an abuse death because the law requires the cabinet to report only those deaths caused by a parent, guardian or other person exercising custodial control.
And she stopped short of saying the cabinet failed Amy when she was asked by Sen. David Givens, R-Greensburg, whether “the system” failed her.
“No I don’t believe we violated any of our policies or practices,” she said.
Some lawmakers objected to that statement.
“If Amy Dye is cold in the ground, the system failed her,” said Sen. Alice Forgy Kerr, a Lexington Republican.
Said Givens: “The death you are not counting is a death of neglect. We all need to prevent the next Amy Dye.”
Wilson said that because a sibling killed Amy her death was not included in the annual report, which lists 18 child deaths from abuse or neglect during the most recent fiscal year.
Shepherd already rejected that argument in a ruling last month, saying the death was abuse — or at a minimum — neglect by adults in the home who allowed the abuse.
“To be clear, a parent need not personally administer the fatal blow in order to be held responsible for abuse or neglect,” Shepherd said in his order that the cabinet must release its records related to Amy’s death.
State law, conforming to federal law, allows the disclosure of cabinet records in the event of a child death or serious injury from abuse or neglect.
Several lawmakers expressed skepticism about the cabinet’s refusal to count Amy’s death or other such deaths in its annual report of child abuse deaths.
Sen. Joey Pendleton, D-Hopkinsville, wondered how many other cases are not in the report.
“I want to know how many children are murdered or killed within the home by a parent or sibling,” Pendleton said.
The Courier-Journal reported Sunday that at least eight other child deaths were not included in the report — most in cases in which parents or caregivers were charged with abuse, neglect or murder. Midkiff took exception with that report, saying that child fatalities are reported “consistent with the statutes.”
Rep. Martha Jane King, D-Lewisburg, whose district includes Todd County, said after the hearing that lawmakers should act if the law needs to be clearer.
“It’s out responsibility to make sure that if there’s a loophole, we go ahead and address it,” she said.
Camille Dillingham, the principal at Amy’s school, said after the hearing that she hopes the girl’s death brings about some changes.
“She was a quiet girl, she was very loving,” Dillingham said. “She was a very good student.”
Source http://www.courier-journal.com/article/20111219/NEWS01/312190090/child-abuse-state-legislature?odyssey=nav%7Chead
Sacramento's 'girl with a hundred scars' files claim for damages
By Marjie Lundstrom
Since the moment she was born 10 weeks premature, with cocaine rippling through her 21/2-pound body, Lilly Manning has been the recipient of other people's poor choices, bad judgment and terrible timing.
Now, the 19-year-old woman who escaped torture in a south Sacramento home is seeking retribution.
Last week, lawyers for Manning filed a claim for damages against Sacramento County's Child Protective Services and the Sacramento City Unified School District.
The claim, a precursor to any lawsuit, alleges child welfare workers and school employees failed to protect her from the violent household into which she was adopted.
"Lilly and her siblings were kept in a virtual prisoner-of-war camp where they were repeatedly, systematically and sadistically beaten and tortured by their adoptive mother, Lillian Manning-Horvath, and her husband, Joseph Horvath," according to the claim.
The legal matter has opened the curtain on Lilly Manning's past, and how she and her four siblings wound up in their great-aunt's care, only to endure savage beatings, tongue-lashings and death threats.
Confidential records recently released by the county reveal how one CPS social worker aggressively promoted the Manning children's adoption in the 1990s. The worker lavished praise on Lillian Manning-Horvath, while dismissing alarms raised by others, according to CPS and Juvenile Court documents.
The claim also singles out six workers associated with the Sacramento City Unified School District for allegedly failing to report their own suspicions of abuse, as required by law. The workers include a teacher, a school nurse, a Head Start coordinator, a vice principal, an assistant principal and an attendance clerk.
"The failure of all these mandated reporters to file (abuse) reports – it just drives me nuts," said Sacramento attorney Joseph C. George, who is representing Lilly Manning.
Yet again, timing and judgment will play a critical role in the case – for both Lilly Manning and for the government entities she seeks to sue.
In California, government is generally immune from civil liability, with exceptions. Timeliness also plays a key role, because a claim involving death or injury must be brought within six months of the alleged harm.
Manning was 15 when she escaped in October 2007 from a locked closet in the home of her adoptive mother.
The teenager, who suffered the bulk of the abuse, was stabbed, burned and beaten with 2-by-4s, broomsticks, shoes, a hammer and a swinging padlock. After she fled, the secrets tumbled out as doctors discovered a young body ravaged with more than 100 scars and injuries.
The Bee has chronicled her story since July, when the Manning children's adoptive mother was sentenced to a mental hospital and life in state prison. Horvath was convicted by a jury in 2009 and sentenced to consecutive life terms.
Now, a Superior Court judge may ultimately decide if Manning, who turns 20 in January, can pursue civil damages.
At issue: Does her claim have merit? And even if the government agrees that it does, was it filed in time?
"I feel like this is something I should do," said Lilly Manning, who returned to Sacramento last month after a short stay on the East Coast. "Somebody should pay. Hopefully this is a message to everybody to do their job right."
'The only mom I knew'
Laura McCasland, spokeswoman for the Department of Health and Human Services, which oversees CPS, said the county would not comment on pending litigation.
School district spokesman Gabe Ross issued a statement Friday saying:
"Anyone who has heard Lilly Manning's story would find it both tragic and heartbreaking. The district and its legal representatives are appropriately evaluating and responding to the claims filed by the Manning family. The safety and security of our students and employees is a top priority for SCUSD."
Manning's attorneys also have filed a claim on behalf of her younger brother, Kenyata Manning. George, a lawyer and psychologist who has worked with numerous child-abuse victims, said the core of the Lilly Manning case is the number of public workers who suspected abuse but did not formally report it.
In her claim, attorneys contend that the young woman suffers from Stockholm syndrome and was unable to recognize that she was a victim – or take any legal action – until her adoptive mother was sentenced this year.
The claim defines Stockholm syndrome as a "psychiatric disease and psychological phenomenon where hostages express empathy and have positive feelings toward their captors."
"Lilly's adoptive mother … was viewed as the person who was in control of her basic needs for survival and for her life itself," according to the claim. "In short, Lillian Manning-Horvath was viewed by Lilly as giving Lilly life simply by not killing her."
In interviews with The Bee last summer, Manning described her conflicted feelings about her adoptive mother and acknowledged making efforts to stay in touch with her.
"She was the only mom I really knew," Manning said in July.
Others to blame
But Manning also said she believes that others bear responsibility for her torturous upbringing.
Confidential Juvenile Court documents obtained earlier this year by The Bee revealed that four different agencies visited the family at least 11 times on reports of suspected abuse or neglect in a five-year period, but did not move to protect Manning or her siblings. Numerous attempts by the children to get help went unrecognized or unheeded.
The newly released CPS records show how the agency – and one social worker in particular – ramrodded the adoption, despite a series of red flags.
The five children were taken into protective custody in February 1994 after being found "abandoned by their mother … in a filthy crack house" littered with feces, used condoms, crack pipes and an open 40-ounce beer bottle, according to a CPS report to the Juvenile Court.
CPS placed Lilly Manning and her two brothers "on a trial basis" with their great-aunt a month later, and the two older sisters joined them seven months after that. At the time, Manning's home in North Highlands was found by CPS to be "appropriate for placement."
Lillian Manning renamed all five children and eventually proceeded with adoption after the CPS caseworker filed numerous glowing reports about the home.
In one confidential court document, the woman who later smashed her adoptive daughter's fingers with a hammer and burned her with boiling water and a curling iron was described as "capable, experienced and energetic."
The lead social worker who pressed for their adoption repeatedly fended off criticism of the elder Lillian Manning, describing in reports how the children thrived in the "loving environment."
"Their caretaker, Lillian Manning, manages the seemingly herculean task of caring for these children with great strength and a great sense of humor," the CPS worker wrote in July 1995. "The children are all well-bonded with her. They hover around her, and their interactions are laced with affection."
The social worker continued to defend the household, even after a social worker for Sacramento Child Advocates raised "numerous concerns" about the children's safety.
The second social worker, acting on behalf of the children's court-appointed attorneys, said one child had informed her that the caregiver was using corporal punishment. And she expressed concern that Lillian Manning was requiring the children to "sleep on the living room floor so she could monitor them."
"The minors' caretaker, Ms. Manning, has displayed a lack of insight regarding the special needs of these minors," according to the social worker's 1996 declaration to the court.
"Ms. Manning becomes defensive when concerns are raised, and has made statements about wanting to give the minors back to the Dept. because it is too much hassle now."
The social worker complained that her concerns "went unheard or were discounted" by CPS. The worker requested and got a mediation with the parties, but documents show there was little resolution – and the adoption went forward.
Alarms go unanswered
Health workers, too, raised alarms about the home.
In 1997, Lilly Manning's 6-year-old sister was examined at the UC Davis Medical Center, where a nurse identified injuries consistent with battered child syndrome, medical records show.
A physician who viewed the semi-circular "closed loop" injuries on the girl's body said they were "classical for ones inflicted by an electrical cord," according to the doctor's notes.
The physician did not believe the story that the girl had been struck with a coat hanger by her older sister, saying the injuries were not consistent with that scenario.
However, the CPS worker continued to champion the adoption and told the court the abuse allegations were unsubstantiated. The social worker said she "feels strongly that this (adoption) plan is in the children's best interest."
Documents show that the social worker had been told a week earlier about previous abuse in the household. A counselor seeing the family told the CPS worker in a June 1997 letter that Lillian Manning "does not hit any of the children and has not done so since 1994 when she was using a plastic spoon, on occasion, to discipline the children."
In the newly filed government claim, Lilly Manning's attorney cited the spoon beating as one in a series of allegations that fell on deaf ears.
The claim also singles out six workers associated with the Sacramento City Unified School District.
As reported earlier in The Bee, the school workers are described in documents as having varying degrees of concern and suspicion about the Manning home. At one point, the school nurse and a Head Start coordinator scheduled a home visit to follow up on Lilly Manning's numerous scratches but left the home without seeing her. Neither filed a child abuse report, according to the claim.
Source http://www.sacbee.com/2011/12/19/4132033/sacramentos-girl-with-a-hundred.html
Since the moment she was born 10 weeks premature, with cocaine rippling through her 21/2-pound body, Lilly Manning has been the recipient of other people's poor choices, bad judgment and terrible timing.
Now, the 19-year-old woman who escaped torture in a south Sacramento home is seeking retribution.
Last week, lawyers for Manning filed a claim for damages against Sacramento County's Child Protective Services and the Sacramento City Unified School District.
The claim, a precursor to any lawsuit, alleges child welfare workers and school employees failed to protect her from the violent household into which she was adopted.
"Lilly and her siblings were kept in a virtual prisoner-of-war camp where they were repeatedly, systematically and sadistically beaten and tortured by their adoptive mother, Lillian Manning-Horvath, and her husband, Joseph Horvath," according to the claim.
The legal matter has opened the curtain on Lilly Manning's past, and how she and her four siblings wound up in their great-aunt's care, only to endure savage beatings, tongue-lashings and death threats.
Confidential records recently released by the county reveal how one CPS social worker aggressively promoted the Manning children's adoption in the 1990s. The worker lavished praise on Lillian Manning-Horvath, while dismissing alarms raised by others, according to CPS and Juvenile Court documents.
The claim also singles out six workers associated with the Sacramento City Unified School District for allegedly failing to report their own suspicions of abuse, as required by law. The workers include a teacher, a school nurse, a Head Start coordinator, a vice principal, an assistant principal and an attendance clerk.
"The failure of all these mandated reporters to file (abuse) reports – it just drives me nuts," said Sacramento attorney Joseph C. George, who is representing Lilly Manning.
Yet again, timing and judgment will play a critical role in the case – for both Lilly Manning and for the government entities she seeks to sue.
In California, government is generally immune from civil liability, with exceptions. Timeliness also plays a key role, because a claim involving death or injury must be brought within six months of the alleged harm.
Manning was 15 when she escaped in October 2007 from a locked closet in the home of her adoptive mother.
The teenager, who suffered the bulk of the abuse, was stabbed, burned and beaten with 2-by-4s, broomsticks, shoes, a hammer and a swinging padlock. After she fled, the secrets tumbled out as doctors discovered a young body ravaged with more than 100 scars and injuries.
The Bee has chronicled her story since July, when the Manning children's adoptive mother was sentenced to a mental hospital and life in state prison. Horvath was convicted by a jury in 2009 and sentenced to consecutive life terms.
Now, a Superior Court judge may ultimately decide if Manning, who turns 20 in January, can pursue civil damages.
At issue: Does her claim have merit? And even if the government agrees that it does, was it filed in time?
"I feel like this is something I should do," said Lilly Manning, who returned to Sacramento last month after a short stay on the East Coast. "Somebody should pay. Hopefully this is a message to everybody to do their job right."
'The only mom I knew'
Laura McCasland, spokeswoman for the Department of Health and Human Services, which oversees CPS, said the county would not comment on pending litigation.
School district spokesman Gabe Ross issued a statement Friday saying:
"Anyone who has heard Lilly Manning's story would find it both tragic and heartbreaking. The district and its legal representatives are appropriately evaluating and responding to the claims filed by the Manning family. The safety and security of our students and employees is a top priority for SCUSD."
Manning's attorneys also have filed a claim on behalf of her younger brother, Kenyata Manning. George, a lawyer and psychologist who has worked with numerous child-abuse victims, said the core of the Lilly Manning case is the number of public workers who suspected abuse but did not formally report it.
In her claim, attorneys contend that the young woman suffers from Stockholm syndrome and was unable to recognize that she was a victim – or take any legal action – until her adoptive mother was sentenced this year.
The claim defines Stockholm syndrome as a "psychiatric disease and psychological phenomenon where hostages express empathy and have positive feelings toward their captors."
"Lilly's adoptive mother … was viewed as the person who was in control of her basic needs for survival and for her life itself," according to the claim. "In short, Lillian Manning-Horvath was viewed by Lilly as giving Lilly life simply by not killing her."
In interviews with The Bee last summer, Manning described her conflicted feelings about her adoptive mother and acknowledged making efforts to stay in touch with her.
"She was the only mom I really knew," Manning said in July.
Others to blame
But Manning also said she believes that others bear responsibility for her torturous upbringing.
Confidential Juvenile Court documents obtained earlier this year by The Bee revealed that four different agencies visited the family at least 11 times on reports of suspected abuse or neglect in a five-year period, but did not move to protect Manning or her siblings. Numerous attempts by the children to get help went unrecognized or unheeded.
The newly released CPS records show how the agency – and one social worker in particular – ramrodded the adoption, despite a series of red flags.
The five children were taken into protective custody in February 1994 after being found "abandoned by their mother … in a filthy crack house" littered with feces, used condoms, crack pipes and an open 40-ounce beer bottle, according to a CPS report to the Juvenile Court.
CPS placed Lilly Manning and her two brothers "on a trial basis" with their great-aunt a month later, and the two older sisters joined them seven months after that. At the time, Manning's home in North Highlands was found by CPS to be "appropriate for placement."
Lillian Manning renamed all five children and eventually proceeded with adoption after the CPS caseworker filed numerous glowing reports about the home.
In one confidential court document, the woman who later smashed her adoptive daughter's fingers with a hammer and burned her with boiling water and a curling iron was described as "capable, experienced and energetic."
The lead social worker who pressed for their adoption repeatedly fended off criticism of the elder Lillian Manning, describing in reports how the children thrived in the "loving environment."
"Their caretaker, Lillian Manning, manages the seemingly herculean task of caring for these children with great strength and a great sense of humor," the CPS worker wrote in July 1995. "The children are all well-bonded with her. They hover around her, and their interactions are laced with affection."
The social worker continued to defend the household, even after a social worker for Sacramento Child Advocates raised "numerous concerns" about the children's safety.
The second social worker, acting on behalf of the children's court-appointed attorneys, said one child had informed her that the caregiver was using corporal punishment. And she expressed concern that Lillian Manning was requiring the children to "sleep on the living room floor so she could monitor them."
"The minors' caretaker, Ms. Manning, has displayed a lack of insight regarding the special needs of these minors," according to the social worker's 1996 declaration to the court.
"Ms. Manning becomes defensive when concerns are raised, and has made statements about wanting to give the minors back to the Dept. because it is too much hassle now."
The social worker complained that her concerns "went unheard or were discounted" by CPS. The worker requested and got a mediation with the parties, but documents show there was little resolution – and the adoption went forward.
Alarms go unanswered
Health workers, too, raised alarms about the home.
In 1997, Lilly Manning's 6-year-old sister was examined at the UC Davis Medical Center, where a nurse identified injuries consistent with battered child syndrome, medical records show.
A physician who viewed the semi-circular "closed loop" injuries on the girl's body said they were "classical for ones inflicted by an electrical cord," according to the doctor's notes.
The physician did not believe the story that the girl had been struck with a coat hanger by her older sister, saying the injuries were not consistent with that scenario.
However, the CPS worker continued to champion the adoption and told the court the abuse allegations were unsubstantiated. The social worker said she "feels strongly that this (adoption) plan is in the children's best interest."
Documents show that the social worker had been told a week earlier about previous abuse in the household. A counselor seeing the family told the CPS worker in a June 1997 letter that Lillian Manning "does not hit any of the children and has not done so since 1994 when she was using a plastic spoon, on occasion, to discipline the children."
In the newly filed government claim, Lilly Manning's attorney cited the spoon beating as one in a series of allegations that fell on deaf ears.
The claim also singles out six workers associated with the Sacramento City Unified School District.
As reported earlier in The Bee, the school workers are described in documents as having varying degrees of concern and suspicion about the Manning home. At one point, the school nurse and a Head Start coordinator scheduled a home visit to follow up on Lilly Manning's numerous scratches but left the home without seeing her. Neither filed a child abuse report, according to the claim.
Source http://www.sacbee.com/2011/12/19/4132033/sacramentos-girl-with-a-hundred.html
Thursday, December 8, 2011
Woman sues DYFS after her adopted child was allegedly sexually, physically abused under institution's watch - New Jersey
By Megan DeMarco/Statehouse Bureau
TRENTON — While under the care of the state’s child protection agency, a Monmouth county baby was burned, beaten, and sexually abused, then ignored as doctor after doctor recommended therapy for anxiety and post-traumatic stress disorder, a lawyer for her adopted mother says.
Three different caseworkers at the state’s Division of Youth and Family Services could have stopped the abuse several times, attorney David Mazie contends, but none did.
Now the girl is 13, and her adopted mother is suing the state Division of Youth and Family Services and three caseworkers for damages in a trial that kicked off Monday with impassioned opening arguments in Trenton.
Child advocates say it is rare for civil cases against DYFS to reach a full trial, where the actions of caseworkers in charge of protecting children can be put on full display.
The case also comes amid an ongoing overhaul of the child welfare system that was in its early stage when the allegations were first raised.
Some child welfare advocates say the case indicates problems that exist in DYFS to this day, but others say reports of a federal monitor appointed in 2003 show the child protection system is improving. The state has spent more than $1 billion on the reforms.
"To the extent that there is any good news in all this it is only that this case is part of the legacy of DYFS’ failed past," said Richard Wexler, executive director of the National Coalition for Child Protection Reform. He added the federal monitor’s reports show, "this is a much better agency now than it was before, and such tragedies are a lot less likely."
Richard Gelles, a dean at the University of Pennsylvania who provided expert testimony for the woman suing DYFS, said the case exposes "a severe systemic dysfunction" that still exists, noting that some of those who handled the girl’s case continued to work for the division. One of the three caseworkers named in the case worked for the Department of Children and Families as of Sept. 30, according to public payroll records.
During opening arguments, Mazie outlined alleged negligence by DYFS from 2000 to 2005, when the girl, identified as S.A., was placed with the woman who would adopt her.
"They failed in this case, they failed miserably. They turned a blind eye on this child," Mazie said. "This is going to be with her for the rest of her life."
As a 2-year-old, she was given to her biological father in 2000, without proper vetting, Mazie said. While in his care and under DYFS supervision, the toddler suffered sexual and physical abuse.
She was brought to the emergency room twice, and a neighbor reported she had burns on her body and a belt mark on her chest, the attorney said. She was removed when the father’s girlfriend reported she was bound, beaten and hanging from a hook in the wall, he added.
Mazie said after she was removed from the home, doctors recommended therapy for post traumatic stress disorder. It took DYFS two years to provide it, and escalated the girl’s anxiety by allowing visits with her father, he said.
He added that a caseworker was supposed to visit with the girl once a month, but there were several months when no one appeared at the home, or checked on her in foster care.
Elliott Abrutyn, a lawyer hired by the state to represent DYFS, said children under the state’s care also have a legal guardian independent of DYFS, and often the caseworkers were following court orders.
"What happened to (her) of course is tragic," he said, telling the jury that it was "paramount" to understand DYFS caseworkers "were always absolutely looking out for the best interest of the child."
Abrutyn said doctors who treated the baby when she was brought into the emergency room could have reported suspected abuse to DYFS, and did not.
"Whatever our clients did, they did in good faith," he said.
Lauren Kidd, a spokeswoman for DYFS, said the division does not comment on pending litigation.
The adopted mother, identified only as L.A., is seeking monetary damages to assist in the care of her daughter. The case is expected to last two to three weeks.
Source http://www.nj.com/news/index.ssf/2011/12/woman_sues_dyfs_after_her_adop.html
TRENTON — While under the care of the state’s child protection agency, a Monmouth county baby was burned, beaten, and sexually abused, then ignored as doctor after doctor recommended therapy for anxiety and post-traumatic stress disorder, a lawyer for her adopted mother says.
Three different caseworkers at the state’s Division of Youth and Family Services could have stopped the abuse several times, attorney David Mazie contends, but none did.
Now the girl is 13, and her adopted mother is suing the state Division of Youth and Family Services and three caseworkers for damages in a trial that kicked off Monday with impassioned opening arguments in Trenton.
Child advocates say it is rare for civil cases against DYFS to reach a full trial, where the actions of caseworkers in charge of protecting children can be put on full display.
The case also comes amid an ongoing overhaul of the child welfare system that was in its early stage when the allegations were first raised.
Some child welfare advocates say the case indicates problems that exist in DYFS to this day, but others say reports of a federal monitor appointed in 2003 show the child protection system is improving. The state has spent more than $1 billion on the reforms.
"To the extent that there is any good news in all this it is only that this case is part of the legacy of DYFS’ failed past," said Richard Wexler, executive director of the National Coalition for Child Protection Reform. He added the federal monitor’s reports show, "this is a much better agency now than it was before, and such tragedies are a lot less likely."
Richard Gelles, a dean at the University of Pennsylvania who provided expert testimony for the woman suing DYFS, said the case exposes "a severe systemic dysfunction" that still exists, noting that some of those who handled the girl’s case continued to work for the division. One of the three caseworkers named in the case worked for the Department of Children and Families as of Sept. 30, according to public payroll records.
During opening arguments, Mazie outlined alleged negligence by DYFS from 2000 to 2005, when the girl, identified as S.A., was placed with the woman who would adopt her.
"They failed in this case, they failed miserably. They turned a blind eye on this child," Mazie said. "This is going to be with her for the rest of her life."
As a 2-year-old, she was given to her biological father in 2000, without proper vetting, Mazie said. While in his care and under DYFS supervision, the toddler suffered sexual and physical abuse.
She was brought to the emergency room twice, and a neighbor reported she had burns on her body and a belt mark on her chest, the attorney said. She was removed when the father’s girlfriend reported she was bound, beaten and hanging from a hook in the wall, he added.
Mazie said after she was removed from the home, doctors recommended therapy for post traumatic stress disorder. It took DYFS two years to provide it, and escalated the girl’s anxiety by allowing visits with her father, he said.
He added that a caseworker was supposed to visit with the girl once a month, but there were several months when no one appeared at the home, or checked on her in foster care.
Elliott Abrutyn, a lawyer hired by the state to represent DYFS, said children under the state’s care also have a legal guardian independent of DYFS, and often the caseworkers were following court orders.
"What happened to (her) of course is tragic," he said, telling the jury that it was "paramount" to understand DYFS caseworkers "were always absolutely looking out for the best interest of the child."
Abrutyn said doctors who treated the baby when she was brought into the emergency room could have reported suspected abuse to DYFS, and did not.
"Whatever our clients did, they did in good faith," he said.
Lauren Kidd, a spokeswoman for DYFS, said the division does not comment on pending litigation.
The adopted mother, identified only as L.A., is seeking monetary damages to assist in the care of her daughter. The case is expected to last two to three weeks.
Source http://www.nj.com/news/index.ssf/2011/12/woman_sues_dyfs_after_her_adop.html
Wednesday, August 24, 2011
4 sue state over abusive Tacoma foster home
Four former foster children sue the state Department of Social and Health Services, saying their foster parents beat, drugged and sexually abused them.
By Christine Clarridge
Seattle Times staff reporter
The state Department of Social and Health Services has been sued by four former foster children who say they were beaten and sexually abused in a Tacoma foster home that never should have been licensed, according to a lawsuit filed Tuesday.
The victims were "sexually, physically and psychologically terrorized for the pleasure and profit of their foster-care providers."
"It was not a home," said Jeremy Johnston, an attorney for plaintiffs, who are now adults and living in Tacoma. "It was a house of horrors."
Thomas Shapley, a spokesman for the Department of Social and Health Services (DSHS), declined to comment on the suit, which was filed in Pierce County Superior Court.
The lawsuit alleges that the former foster parents, Jose and Juanita Miranda, were both on welfare and collecting disability payments when the state licensed them to operate a foster-care home between 1997 and 2003.
Jose Miranda died behind bars in 2009 after he had been sentenced to more than 10 years in prison for raping and molesting foster children. His wife died of a drug overdose in Tacoma's McKinley Park in 2006, according to the lawsuit.
The lawsuit alleges that the children were routinely drugged with sleeping pills and forced to engage in sexual acts with Jose Miranda, and the other foster children, in a padlocked room in the basement dedicated to that purpose
The suit also alleges that the Mirandas forced the children to wear diapers and pretend to have bed-wetting issues to increase their foster-care benefits, to eat expired food and consume their own vomit when they were sick.
The foster children were beaten with broomsticks, frying pans and nail-studded sticks, the suit alleges, and forced to clean their foster father after he had used the bathroom. One of the children was forced to wear a dog leash and walk around naked on her hands and knees, the lawsuit alleges.
The lawsuit charges that DSHS ignored years of complaints from social workers, guardians, teachers, neighbors, relatives, coaches, family friends, parents of the foster children and the children themselves.
According to the lawsuit, DSHS approved Juanita Miranda as a foster parent despite a long history of drug use and criminal violations. Her own two biological children were taken from her by Child Protective Services in California because of drug use and neglect, and she was arrested in that state more than 50 times, the suit alleges.
The suit claims that Juanita Miranda was also under the supervision of Washington's Department of Corrections when she was granted her foster-care license and that DSHS failed to revoke her license even after later receiving reports about her criminal history.
She was never charged with a crime in connection with the abuse, the lawsuit claims.
According to the lawsuit, the abuse began when the children were as young as 5 and continued through their teens.
Tacoma police began an investigation in 2005 after Jose Miranda confessed his crimes to a nurse while he was hospitalized, according to the suit.
Court documents indicate that Jose Miranda was charged in 2007 with three counts of first-degree child rape, two counts of first-degree child molestation and two counts of third-degree assault of a child.
The lawsuit claims Jose and Juanita Miranda should never have been licensed and that their personal histories and their physical and financial circumstances should have made them ineligible to become foster parents.
"There were multiple opportunities for the state to save these children from this nightmare," said Johnston, the attorney for the four former foster children. "But they failed to act."
Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com.
Seattle Times news researcher Miyoko Wolf contributed to this report.
Source http://seattletimes.nwsource.com/html/localnews/2015990609_dshslawsuit24m.html
By Christine Clarridge
Seattle Times staff reporter
The state Department of Social and Health Services has been sued by four former foster children who say they were beaten and sexually abused in a Tacoma foster home that never should have been licensed, according to a lawsuit filed Tuesday.
The victims were "sexually, physically and psychologically terrorized for the pleasure and profit of their foster-care providers."
"It was not a home," said Jeremy Johnston, an attorney for plaintiffs, who are now adults and living in Tacoma. "It was a house of horrors."
Thomas Shapley, a spokesman for the Department of Social and Health Services (DSHS), declined to comment on the suit, which was filed in Pierce County Superior Court.
The lawsuit alleges that the former foster parents, Jose and Juanita Miranda, were both on welfare and collecting disability payments when the state licensed them to operate a foster-care home between 1997 and 2003.
Jose Miranda died behind bars in 2009 after he had been sentenced to more than 10 years in prison for raping and molesting foster children. His wife died of a drug overdose in Tacoma's McKinley Park in 2006, according to the lawsuit.
The lawsuit alleges that the children were routinely drugged with sleeping pills and forced to engage in sexual acts with Jose Miranda, and the other foster children, in a padlocked room in the basement dedicated to that purpose
The suit also alleges that the Mirandas forced the children to wear diapers and pretend to have bed-wetting issues to increase their foster-care benefits, to eat expired food and consume their own vomit when they were sick.
The foster children were beaten with broomsticks, frying pans and nail-studded sticks, the suit alleges, and forced to clean their foster father after he had used the bathroom. One of the children was forced to wear a dog leash and walk around naked on her hands and knees, the lawsuit alleges.
The lawsuit charges that DSHS ignored years of complaints from social workers, guardians, teachers, neighbors, relatives, coaches, family friends, parents of the foster children and the children themselves.
According to the lawsuit, DSHS approved Juanita Miranda as a foster parent despite a long history of drug use and criminal violations. Her own two biological children were taken from her by Child Protective Services in California because of drug use and neglect, and she was arrested in that state more than 50 times, the suit alleges.
The suit claims that Juanita Miranda was also under the supervision of Washington's Department of Corrections when she was granted her foster-care license and that DSHS failed to revoke her license even after later receiving reports about her criminal history.
She was never charged with a crime in connection with the abuse, the lawsuit claims.
According to the lawsuit, the abuse began when the children were as young as 5 and continued through their teens.
Tacoma police began an investigation in 2005 after Jose Miranda confessed his crimes to a nurse while he was hospitalized, according to the suit.
Court documents indicate that Jose Miranda was charged in 2007 with three counts of first-degree child rape, two counts of first-degree child molestation and two counts of third-degree assault of a child.
The lawsuit claims Jose and Juanita Miranda should never have been licensed and that their personal histories and their physical and financial circumstances should have made them ineligible to become foster parents.
"There were multiple opportunities for the state to save these children from this nightmare," said Johnston, the attorney for the four former foster children. "But they failed to act."
Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com.
Seattle Times news researcher Miyoko Wolf contributed to this report.
Source http://seattletimes.nwsource.com/html/localnews/2015990609_dshslawsuit24m.html
Subscribe to:
Posts (Atom)