Associated Press
Iowa will pay $275,000 to settle a lawsuit brought against two state employees on behalf of a toddler who suffered brain damage from severe head injuries while in the state foster care system, according to records released this week.
The payment settles a lawsuit that alleged that an Iowa Department of Human Services worker and a supervisor were warned that Jayden Clark was suffering neglect and abuse while under the care of foster parents in Albia but failed to take action. Half of the money will be invested for the 4-year-old boy, who will get access when he turns 18, while his parents will get $15,000 apiece and his attorney will get $101,000 in fees.
The lawsuit in federal court continues against foster parents Jason and Christen Morgan, who have denied wrongdoing.
"We are satisfied with the way it came out. But because there is ongoing litigation against the foster parents, I really can't comment beyond that," said the boy's attorney, Jeffrey Lipman of Clive.
Authorities responded to the Morgans' home in February 2010 when Clark, then 2, was found unresponsive with extensive injuries to the head and were told he had fallen out of a bunk bed. Fighting for his life, the boy was treated for head trauma and a lacerated liver and was hospitalized and forced to undergo rehabilitation for months.
Local and state investigators conducted an extensive look into whether he was abused, but they filed no criminal charges. The lawsuit blames the foster parents' "abuse or neglect" for the injuries, without elaborating on how they occurred.
A DHS investigation resulted in a finding of confirmed child abuse that was not serious enough to be placed on the Child Abuse Registry, a designation used for cases involving a lack of proper supervision or physical abuse that was minor. In court documents, state lawyers said the finding was not for physical abuse and denied that "findings of neglect, as such, were made."
After the boy's hospitalization, child welfare officials removed his siblings from the home while then-Gov. Chet Culver expressed outrage and ordered an investigation.
The lawsuit alleges Clark's parents, Travis and April Clark, and a social worker started noticing significant black bruises across his forehead "from ear to ear" in January 2010 after he and three siblings were placed with the Morgans the prior month. The foster parents blamed his siblings for causing the bruises, but his parents and the social worker suspected abuse and reported it to the DHS worker and his supervisor, who failed to visit the home or conduct an investigation, the suit claims.
As the bruising got worse in following weeks, the social worker warned DHS about the "increased level of abuse and injury" and said the agency needed to consider removing him from the home, but no action was taken, the suit said. Clark's parents took photographs to document the bruising and also warned DHS, the lawsuit said.
Ultimately, Clark "suffered a closed head injury as a result of the abuse or neglect and has permanent brain damage," the lawsuit said. Lipman said the boy was now living with his parents, who are originally from Centerville, but he would not say where.
"He's always going to have some impairment from this," Lipman said.
In a memo made public with the details of the settlement, Assistant Attorney General Diane Stahle said the state decided on the cash payment after investigating the case and "balancing the likelihood of an adverse verdict against the likelihood of a defense verdict." The details were worked out during mediation, she wrote.
In court documents, state lawyers acknowledged DHS employees were twice told about the bruising to the boy but said that it was attributed to his siblings. The foster parents have denied they breached their duty to provide a safe environment for Jayden and also blamed his siblings for the bruises. Their attorney didn't return a phone message.
DHS spokesman Roger Munns declined comment on the case but said both employees named in the lawsuit remain in state employment, one by his agency and one by Iowa Workforce Development.
Source http://muscatinejournal.com/news/state-and-regional/iowa/iowa-settles-suit-over-boy-s-foster-care-injuries/article_9dba63e2-acd1-5f09-bed1-c08ea86c42ef.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 child abuse registry. Show all posts
Showing posts with label child abuse registry. Show all posts
Monday, March 5, 2012
Monday, February 6, 2012
Parents suing over listing on child abuse index - California
A couple who cut locks of their daughter's hair as punishment for lying are suing an Orange County agency and social worker, saying they were not afforded due process.
By Christopher Goffard
A year after George and Bette McFetridge adopted a troubled teenage girl, the Irvine couple contends, her behavior grew increasingly disconcerting. She neglected her grades, kept company with grown men and ran away repeatedly.
On her camera, the Orange County deputy district attorney and his wife found a photograph of a pentagram, and of words written on pavement: "Torture." "Agony."
To punish her for lying about her whereabouts, Bette McFetridge took a pair of scissors and cut off locks of the girls' hair in early 2008 — a snip for each lie.
The "tough love" punishment led to an allegation of emotional abuse that a social worker deemed "inconclusive" but nevertheless landed the couple on the state's Child Abuse Central Index, where they remained for 11 months.
Now, the McFetridges are suing the Orange County Social Services Agency and Bridget Hannegan, the veteran social worker who handled their case. They allege their inclusion on the list damaged their reputations, stigmatizing them as child abusers, and that they were not afforded due process to fight the label.
Though George McFetridge is a county prosecutor, he is bringing the lawsuit as a private citizen and representing himself in court. In the suit, he alleges the social worker's confidential report about the case was forwarded to the district attorney's office, damaging his reputation, and that having his name on the abuse index impeded his attempt to become a court appointed special advocate.
In Orange County Superior Court on Friday, he told jurors that he used to prosecute child abuse cases in California and Nevada. "I have sent people to prison for child abuse," he said. Of himself and his wife, he added: "We are experienced, successful parents."
The girl, referred to in court only as "Holly," was 15 at the time of the hair-cutting incident. McFetridge said that his wife, concerned about their daughter's behavior, issued multiple warnings to tell the truth or risk punishment. After each lie, she cut another strand. "She cut a third strand, and then Holly started telling the truth," he told jurors. "We made a breakthrough."
He said he received a letter in April 2008 that he and his wife had been reported to the abuse index, but 12 weeks passed before he was able to see the social worker's report. He said the social worker falsely alleged the girl's hair was cut to within an inch of her scalp, leaving silver dollar-sized chunks missing.
The girl is now 18 and no longer living with the McFetridges, who acknowledge the adoption failed. "We're Facebook friends," Mr. McFetridge told jurors.
The couple is seeking $28,000 they spent to send the girl to a residential program, plus $1 a month for each month they spent on the abuse index.
Daniel Spradlin, attorney for the Social Services Agency and the social worker, told jurors the agency's actions were "reasonable and appropriate."
He described the girl as "a very emotionally troubled child," adding: "Nobody is saying Mr. and Mrs. McFetridge are bad people.… Maybe they did not appreciate how deep her troubles were." He said the girl believed herself a failure in her parents' eyes. "Mom wanted a daughter who was an avid reader," he said, which the girl was not.
Spradlin said Mrs. McFetridge grew resentful that the girl did not seem to appreciate the life they were trying to give her. He said the girl "had nothing" when they adopted her, but that her appearance — particularly her hair — was a large part of her identity.
"They used what the child's most precious possession was" to discipline her, he said.
The case is expected to continue next week.
Source http://www.latimes.com/news/local/la-me-0204-abuse-20120204,0,5961191.story
By Christopher Goffard
A year after George and Bette McFetridge adopted a troubled teenage girl, the Irvine couple contends, her behavior grew increasingly disconcerting. She neglected her grades, kept company with grown men and ran away repeatedly.
On her camera, the Orange County deputy district attorney and his wife found a photograph of a pentagram, and of words written on pavement: "Torture." "Agony."
To punish her for lying about her whereabouts, Bette McFetridge took a pair of scissors and cut off locks of the girls' hair in early 2008 — a snip for each lie.
The "tough love" punishment led to an allegation of emotional abuse that a social worker deemed "inconclusive" but nevertheless landed the couple on the state's Child Abuse Central Index, where they remained for 11 months.
Now, the McFetridges are suing the Orange County Social Services Agency and Bridget Hannegan, the veteran social worker who handled their case. They allege their inclusion on the list damaged their reputations, stigmatizing them as child abusers, and that they were not afforded due process to fight the label.
Though George McFetridge is a county prosecutor, he is bringing the lawsuit as a private citizen and representing himself in court. In the suit, he alleges the social worker's confidential report about the case was forwarded to the district attorney's office, damaging his reputation, and that having his name on the abuse index impeded his attempt to become a court appointed special advocate.
In Orange County Superior Court on Friday, he told jurors that he used to prosecute child abuse cases in California and Nevada. "I have sent people to prison for child abuse," he said. Of himself and his wife, he added: "We are experienced, successful parents."
The girl, referred to in court only as "Holly," was 15 at the time of the hair-cutting incident. McFetridge said that his wife, concerned about their daughter's behavior, issued multiple warnings to tell the truth or risk punishment. After each lie, she cut another strand. "She cut a third strand, and then Holly started telling the truth," he told jurors. "We made a breakthrough."
He said he received a letter in April 2008 that he and his wife had been reported to the abuse index, but 12 weeks passed before he was able to see the social worker's report. He said the social worker falsely alleged the girl's hair was cut to within an inch of her scalp, leaving silver dollar-sized chunks missing.
The girl is now 18 and no longer living with the McFetridges, who acknowledge the adoption failed. "We're Facebook friends," Mr. McFetridge told jurors.
The couple is seeking $28,000 they spent to send the girl to a residential program, plus $1 a month for each month they spent on the abuse index.
Daniel Spradlin, attorney for the Social Services Agency and the social worker, told jurors the agency's actions were "reasonable and appropriate."
He described the girl as "a very emotionally troubled child," adding: "Nobody is saying Mr. and Mrs. McFetridge are bad people.… Maybe they did not appreciate how deep her troubles were." He said the girl believed herself a failure in her parents' eyes. "Mom wanted a daughter who was an avid reader," he said, which the girl was not.
Spradlin said Mrs. McFetridge grew resentful that the girl did not seem to appreciate the life they were trying to give her. He said the girl "had nothing" when they adopted her, but that her appearance — particularly her hair — was a large part of her identity.
"They used what the child's most precious possession was" to discipline her, he said.
The case is expected to continue next week.
Source http://www.latimes.com/news/local/la-me-0204-abuse-20120204,0,5961191.story
Friday, December 16, 2011
Improvements suggested for Iowa's child abuse registry
Written by Lee Rood
A panel charged with making changes to Iowa’s controversial and confidential child abuse registry issued a series of suggested improvements Friday, some of which would require action by the Legislature next year.
In the short term, state officials are taking steps to expedite appeals of abuse findings, especially when people’s jobs are at stake.
“The timeframes and delays in getting hearings and decisions completed was a priority for me,” said Citizens Aide/Ombudsman Ruth Cooperrider, whose office receives several calls each year inquiring how to appeal or dispute abuse findings. “We have had cases that have languished for more than a year, and there are legal issues involved.”
One long-term recommendation from the mix of state officials and child-welfare professionals on the panel would give Iowa’s Department of Human Services more authority to remove people from the 10-year registry and seal abuse findings based on certain criteria.
Others ideas panel members thought should be explored: Allowing DHS to put only certain kinds of abuse on the registry, and varying the length of time names remain on the list based on the severity of the abuse.
Legislators and parents have complained for years that people whose names are placed on the registry have few due-process rights. It takes no conviction in court to end up on the registry - only a finding by DHS staff that it was "more likely than not" that the person neglected a child or, in a much smaller number of cases, abused a child.
The Legislature this year required the agency to work with other agencies and groups to address problems.
Currently, between 50,000 and 60,000 Iowans are on the registry, which is used to screen child-care workers and others who deal with children.
About 8,890 abuse reports were “founded” by social workers last year, meaning the individuals responsible were placed on the registry. Another 3,071 reported resulted in “confirmed” abuse, meaning there was evidence of abuse but not enough to place someone on the registry.
About 1,270 people filed appeals of abuse findings in 2011. Of those, 109 were from a finding of “not confirmed.”
The remaining 75 percent to 80 percent were settled. The most common finding is that the abuse is confirmed, but not placed on the registry. Settlements often involve those accused taking part in recommended services to reduce the risk of future abuse.
Source http://www.desmoinesregister.com/article/20111216/NEWS/111216023/-1/SPORTS09/Improvements-suggested-Iowa-s-child-abuse-registry
A panel charged with making changes to Iowa’s controversial and confidential child abuse registry issued a series of suggested improvements Friday, some of which would require action by the Legislature next year.
In the short term, state officials are taking steps to expedite appeals of abuse findings, especially when people’s jobs are at stake.
“The timeframes and delays in getting hearings and decisions completed was a priority for me,” said Citizens Aide/Ombudsman Ruth Cooperrider, whose office receives several calls each year inquiring how to appeal or dispute abuse findings. “We have had cases that have languished for more than a year, and there are legal issues involved.”
One long-term recommendation from the mix of state officials and child-welfare professionals on the panel would give Iowa’s Department of Human Services more authority to remove people from the 10-year registry and seal abuse findings based on certain criteria.
Others ideas panel members thought should be explored: Allowing DHS to put only certain kinds of abuse on the registry, and varying the length of time names remain on the list based on the severity of the abuse.
Legislators and parents have complained for years that people whose names are placed on the registry have few due-process rights. It takes no conviction in court to end up on the registry - only a finding by DHS staff that it was "more likely than not" that the person neglected a child or, in a much smaller number of cases, abused a child.
The Legislature this year required the agency to work with other agencies and groups to address problems.
Currently, between 50,000 and 60,000 Iowans are on the registry, which is used to screen child-care workers and others who deal with children.
About 8,890 abuse reports were “founded” by social workers last year, meaning the individuals responsible were placed on the registry. Another 3,071 reported resulted in “confirmed” abuse, meaning there was evidence of abuse but not enough to place someone on the registry.
About 1,270 people filed appeals of abuse findings in 2011. Of those, 109 were from a finding of “not confirmed.”
The remaining 75 percent to 80 percent were settled. The most common finding is that the abuse is confirmed, but not placed on the registry. Settlements often involve those accused taking part in recommended services to reduce the risk of future abuse.
Source http://www.desmoinesregister.com/article/20111216/NEWS/111216023/-1/SPORTS09/Improvements-suggested-Iowa-s-child-abuse-registry
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