By L.L. Brasier and John Wisely
An Oakland County family can continue its lawsuit against officials who took the children away and jailed the parents on charges of sexually assaulting their severely autistic daughter, a judge ruled Tuesday.
Julian and Thal Wendrow and their two teenage children are suing Oakland County, the Michigan Department of Human Services and Walled Lake Consolidated Schools in U.S. District Court.
Julian Wendrow was arrested in December 2007 and remained jailed for 80 days. Thal Wendrow was placed on an electronic tether, and their children were sent to foster care for months before prosecutors dropped the case in 2008.
The case against the Wendrows was based solely on statements their mute and autistic daughter, then 14, was said to have made using a widely debunked communication method called facilitated communication. The child's hands were guided by a trained aide using the method, but studies show it's the aide usually doing the typing.
The Wendrows filed suit in 2008. Many of the claims against prosecutors were dismissed because they are protected under governmental immunity.
Last year, the defendants asked that all the claims be dismissed. On Tuesday, Judge John Corbett O'Meara agreed to dismiss the parents' and brother's claims that they were treated unfairly because of their affiliation with the disabled girl. O'Meara concluded only the girl has standing to sue under the Americans with Disabilities Act.
O'Meara let stand a defamation claim against former Oakland County Prosecutor David Gorcyca, who sought the criminal charges and then publicly said after he left office that the Wendrows were guilty even though the case was dropped.
Oakland County Corporation Counsel Judith Cunningham said Tuesday that most of the claims against the county were dismissed. "We are nudging toward victory," she said.
O'Meara scheduled a trial on the remaining claims for June.
Sarah Prescott, an attorney for the Wendrows, said she disagreed with the judge's decision to dismiss the family's disability claims but is happy the girl's claim can be presented to a jury.
"To say that she can go forward against all these defendants is the heart of the case," Prescott said. "The quicker we can get to the courthouse steps, the better."
In his ruling, O'Meara also let stand several claims against the Walled Lake school district, which first reported the allegations, because the facilitated communication occurred at the school where the autistic girl attended classes. According to depositions, school officials knew the communication method was suspect.
Lawyers for the district did not return a message seeking comment on Tuesday's ruling. The Michigan Attorney General's Office, which is defending the state social workers involved, declined to comment.
West Bloomfield and its police department, also named in the suit, settled with the family for $1.8 million in 2011.
O'Meara refused to dismiss a claim against a state worker who is accused of violating the Wendrow children's rights when she took the girl for a gynecological exam that found no evidence of abuse. The worker also drove the couple's 13-year-old son to the police station, where he was interrogated for two hours.
Source http://www.freep.com/article/20120328/NEWS03/203280380/Judge-Oakland-County-family-can-continue-its-lawsuit-over-dismissed-child-abuse-accusations?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cp
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 cps. Show all posts
Showing posts with label cps. Show all posts
Sunday, April 1, 2012
Wednesday, March 28, 2012
Boy testifies against former foster parent in sex case - NC
Diane Turbyfill
An 11-year-old boy said his foster father sexually assaulted him multiple times a week when he was 6- and 7-years-old.
The child testified Tuesday morning that George Steen would molest him while the two showered together. His foster mother was sometimes in the Lincolnton home at the time but unaware of the molestation, the child said.
“I tried to scream the first day and the second day but he covered my mouth,” the boy said from the witness stand. “He was doing wrong things to me.”
Allegations of abuse
The child was taken from his mother and put into foster care in 2005, at the age of 4. He lived with the Steens on and off until he turned 8.
The boy said that Steen threatened to punish him if he told anyone what they did in the shower. Steen also told the child that no one believes a kid anyway.
The Steens were certified foster parents. According to the child’s testimony, he struggled to tell the truth in the past. If he told a lie, the boy would be made to eat soap when living with the Steens, the child testified.
The boy didn’t speak of the alleged abuse until he was placed in another foster home. One day while watching TV with his new foster mother the boy spoke of his relationship with Steen.
Lincoln County Department of Social Services was called, and Steen was charged with three counts of child sex assault.
Steen’s attorney, T.J. Wilson, said during opening statements Monday that the boy has a history of lying.
The defense has not yet had its chance to present evidence or witnesses.
Mental and emotional issues
Several psychologists and social workers testified in Steen’s trial Tuesday.
One psychologist talked of the child’s current mental state. He functions at a second-grade level and has sexual behavior issues. The boy suffers from depression, ADHD, expressive language disorder and reactive attachment disorder, according to specialists.
Like many children who have suffered sex abuse, the boy now expresses sexual predatory behavior. He now lives in a facility for children who display such behaviors.
Seven years in foster care
The Lincoln County child moved in with the Steens at age 4. It was his first foster home. His stay was short – just 21 days.
Social Services moved the boy to another family where his two sisters had gone. But taking on three children proved too much for those foster parents so the boy was removed from the home and returned to the Steens.
The child spent the next two-and-a-half years in the Steens’ home.
DSS attempted again to reunite the boy with family, returning him to his mother. But that attempt was short-lived. A month later he went into a group home. He spent six days there before being placed with another family.
The boy began acting out, according to social workers, and he was taken to a hospital for 10 days where his medications were leveled out.
He was returned to the Steens’ home in December 2007 where he stayed until February 2009.
At age 8 the child was transferred to another family for four days followed by a group home for nine days.
His next family kept him for three months before he was sent again to a group home.
In 2009, the child was placed with a family for nine months. That’s where he reported the alleged abuse.
The child now lives in a psychiatric residential treatment facility where his sexual and behavioral issues can be addressed.
On the stand
The boy was visibly uncomfortable when talking about sex in front of a room full of people. He told Lincoln County Assistant District Attorney Beth Lari that he was nervous and just wanted to finish his testimony.
He gripped a small stuffed animal. He said the toy was a way to calm his nerves.
The boy said he didn’t want to talk about it, but he wanted to make sure Steen didn’t victimize anyone else.
“That’s why I told,” he said. “I didn’t want no one else to be involved with this.”
The child left the courtroom Tuesday morning once he finished his testimony.
Source http://www.gastongazette.com/news/foster-69239-old-boy.html
An 11-year-old boy said his foster father sexually assaulted him multiple times a week when he was 6- and 7-years-old.
The child testified Tuesday morning that George Steen would molest him while the two showered together. His foster mother was sometimes in the Lincolnton home at the time but unaware of the molestation, the child said.
“I tried to scream the first day and the second day but he covered my mouth,” the boy said from the witness stand. “He was doing wrong things to me.”
Allegations of abuse
The child was taken from his mother and put into foster care in 2005, at the age of 4. He lived with the Steens on and off until he turned 8.
The boy said that Steen threatened to punish him if he told anyone what they did in the shower. Steen also told the child that no one believes a kid anyway.
The Steens were certified foster parents. According to the child’s testimony, he struggled to tell the truth in the past. If he told a lie, the boy would be made to eat soap when living with the Steens, the child testified.
The boy didn’t speak of the alleged abuse until he was placed in another foster home. One day while watching TV with his new foster mother the boy spoke of his relationship with Steen.
Lincoln County Department of Social Services was called, and Steen was charged with three counts of child sex assault.
Steen’s attorney, T.J. Wilson, said during opening statements Monday that the boy has a history of lying.
The defense has not yet had its chance to present evidence or witnesses.
Mental and emotional issues
Several psychologists and social workers testified in Steen’s trial Tuesday.
One psychologist talked of the child’s current mental state. He functions at a second-grade level and has sexual behavior issues. The boy suffers from depression, ADHD, expressive language disorder and reactive attachment disorder, according to specialists.
Like many children who have suffered sex abuse, the boy now expresses sexual predatory behavior. He now lives in a facility for children who display such behaviors.
Seven years in foster care
The Lincoln County child moved in with the Steens at age 4. It was his first foster home. His stay was short – just 21 days.
Social Services moved the boy to another family where his two sisters had gone. But taking on three children proved too much for those foster parents so the boy was removed from the home and returned to the Steens.
The child spent the next two-and-a-half years in the Steens’ home.
DSS attempted again to reunite the boy with family, returning him to his mother. But that attempt was short-lived. A month later he went into a group home. He spent six days there before being placed with another family.
The boy began acting out, according to social workers, and he was taken to a hospital for 10 days where his medications were leveled out.
He was returned to the Steens’ home in December 2007 where he stayed until February 2009.
At age 8 the child was transferred to another family for four days followed by a group home for nine days.
His next family kept him for three months before he was sent again to a group home.
In 2009, the child was placed with a family for nine months. That’s where he reported the alleged abuse.
The child now lives in a psychiatric residential treatment facility where his sexual and behavioral issues can be addressed.
On the stand
The boy was visibly uncomfortable when talking about sex in front of a room full of people. He told Lincoln County Assistant District Attorney Beth Lari that he was nervous and just wanted to finish his testimony.
He gripped a small stuffed animal. He said the toy was a way to calm his nerves.
The boy said he didn’t want to talk about it, but he wanted to make sure Steen didn’t victimize anyone else.
“That’s why I told,” he said. “I didn’t want no one else to be involved with this.”
The child left the courtroom Tuesday morning once he finished his testimony.
Source http://www.gastongazette.com/news/foster-69239-old-boy.html
Missing baby feared dead; Sacramento County deputies criticize CPS
By Hudson Sangree
Law enforcement authorities are worried that a baby boy last seen 11 months ago may be dead, and they say Sacramento County Child Protective Services failed for all that time to alert them the boy was missing.
"We can't ignore the possibility that the baby is no longer alive," said Sacramento sheriff's spokesman Deputy Jason Ramos. "The disconcerting thing is that no family members or friends of (the mother) can say they've seen the baby since April 2011."
Dwight Stallings would be 22 months old today.
His mother, Tanisha Edwards, was arrested last week by Elk Grove police on suspicion of violating probation and being under the influence of a narcotic. She was also arrested on a warrant sought by Sacramento County Social Services against a parent or guardian who fails to appear for a hearing.
Edwards is being held at the Sacramento County Main Jail without bail.
Her son was nowhere to be found, and the mother was unable to provide investigators with an explanation for his disappearance, Ramos said.
Edwards is a drug user with a transient lifestyle and may have given her child to someone who is raising him under a different name, Ramos said.
Sheriff's deputies accompanied a CPS caseworker on four different occasions over six days in April 2011, when the caseworker could not locate either Edwards or the boy, the sheriff's spokesman said. In August, deputies once again went with a caseworker who was unable to find the mother and child.
Friends and family questioned after Edwards' arrest said they hadn't seen Dwight Stallings since last April.
Ramos said CPS may have been investigating Edwards for neglect or abuse but until last week did not file a missing persons report, which would have prompted the Sheriff's Department to began an investigation.
"It does sound like an inordinate amount of time without taking it to the next level (by filing) a missing persons report with us," he said.
CPS spokeswoman Laura McCasland said privacy rules prohibited her from discussing the case or even saying if Edwards or her son was involved with the agency.
"Everybody is very concerned about this child," she said but declined to discuss the case further.
She said that generally in such situations, caseworkers will look in many places for missing children, including at home and at preschool or day care. They will also check with other social services agencies and law enforcement to see if they've had contacts with parents, she said.
Ultimately a warrant will be issued for the parent's arrest, which brings the case to the attention of law enforcement, she said.
Ed Howard, a senior counsel with the Children's Advocacy Institute in San Diego, called it unusual and disturbing that CPS "would simply drop the ball by not telling the Sheriff's Department or anybody they can't find the baby or the baby's mom."
"That's unbelievably troubling but consistent with what we hear about Sacramento County CPS," he said, "that they seem unable or unwilling to get their act together keeping track of abused or neglected kids."
The Sheriff's Department is working with Elk Grove police to find Dwight Stallings. Anyone with information should call sheriff's investigators at (916) 874-5115.
Source http://www.sacbee.com/2012/03/27/4368708/missing-baby-feared-dead-sacramento.html
Law enforcement authorities are worried that a baby boy last seen 11 months ago may be dead, and they say Sacramento County Child Protective Services failed for all that time to alert them the boy was missing.
"We can't ignore the possibility that the baby is no longer alive," said Sacramento sheriff's spokesman Deputy Jason Ramos. "The disconcerting thing is that no family members or friends of (the mother) can say they've seen the baby since April 2011."
Dwight Stallings would be 22 months old today.
His mother, Tanisha Edwards, was arrested last week by Elk Grove police on suspicion of violating probation and being under the influence of a narcotic. She was also arrested on a warrant sought by Sacramento County Social Services against a parent or guardian who fails to appear for a hearing.
Edwards is being held at the Sacramento County Main Jail without bail.
Her son was nowhere to be found, and the mother was unable to provide investigators with an explanation for his disappearance, Ramos said.
Edwards is a drug user with a transient lifestyle and may have given her child to someone who is raising him under a different name, Ramos said.
Sheriff's deputies accompanied a CPS caseworker on four different occasions over six days in April 2011, when the caseworker could not locate either Edwards or the boy, the sheriff's spokesman said. In August, deputies once again went with a caseworker who was unable to find the mother and child.
Friends and family questioned after Edwards' arrest said they hadn't seen Dwight Stallings since last April.
Ramos said CPS may have been investigating Edwards for neglect or abuse but until last week did not file a missing persons report, which would have prompted the Sheriff's Department to began an investigation.
"It does sound like an inordinate amount of time without taking it to the next level (by filing) a missing persons report with us," he said.
CPS spokeswoman Laura McCasland said privacy rules prohibited her from discussing the case or even saying if Edwards or her son was involved with the agency.
"Everybody is very concerned about this child," she said but declined to discuss the case further.
She said that generally in such situations, caseworkers will look in many places for missing children, including at home and at preschool or day care. They will also check with other social services agencies and law enforcement to see if they've had contacts with parents, she said.
Ultimately a warrant will be issued for the parent's arrest, which brings the case to the attention of law enforcement, she said.
Ed Howard, a senior counsel with the Children's Advocacy Institute in San Diego, called it unusual and disturbing that CPS "would simply drop the ball by not telling the Sheriff's Department or anybody they can't find the baby or the baby's mom."
"That's unbelievably troubling but consistent with what we hear about Sacramento County CPS," he said, "that they seem unable or unwilling to get their act together keeping track of abused or neglected kids."
The Sheriff's Department is working with Elk Grove police to find Dwight Stallings. Anyone with information should call sheriff's investigators at (916) 874-5115.
Source http://www.sacbee.com/2012/03/27/4368708/missing-baby-feared-dead-sacramento.html
Monday, March 26, 2012
Supervised visits for children lack standards in Minnesota
Article by: JEAN HOPFENSPERGER
The state's visitation programs don't require licensing, training.
Every Thursday night, John drives to a St. Louis Park program that allows him to visit -- with constant one-on-one supervision -- his young daughter. The surveillance is ordered by the courts.
John parks his car on the left side of the building and heads to a "parenting room.'' A half hour later, the child's mother parks on the opposite side of the building and drops off her daughter. Mother and father never meet. Security systems watch for trouble. And the child gets to see a parent she is attached to, regardless of circumstances.
Each year, thousands of children across Minnesota participate in such "supervised visitations," a critical and sometimes controversial component in child protection and domestic violence cases. As counties press for family reunification for children in foster care, the visits play a critical role in a child's transition back home. They're also essential for women fleeing abusive relationships, whose ex-partners and husbands nonetheless have rights to visit their kids.
But there are no state standards for supervision or security for the nonprofits and individuals who oversee the visits. There's no required licensing or training, and each county handles things differently. While many rely on the special child visitation programs run by nonprofits, others enlist foster parents, family relatives or case aides who may oversee visits at city parks, libraries or even McDonald's.
Supervised visitation blasted into the public spotlight last month after a Washington man blew up his house during what was supposed to be a supervised session with his sons. "That story about the father who blew up his house led a lot of people to wonder about supervised visitation,'' said Linda Domholt, a vice president at Perspectives, the family services nonprofit that John goes to each week.
"There's a lot of need but not a lot of funding for this,'' she said. "It's time to shed some light on it.''
Lynn Lewis, human services manager for Hennepin County, said the service is critical.
"The cases that we see going to court, and getting supervised visitation, are some of the toughest,'' she said. "It can be a convergence of issues: drug abuse, domestic violence, poverty, untreated mental illness. You put a combination of any of those together and it could be toxic for a child.''
Minnesota a national leader
Minnesota was among the first states to create visitation centers, starting in the 1980s, said Carl Nordine, interim executive director of the Children's Safety Center/Genesis II for Families in St. Paul.
The St. Paul center, for example, was launched 20 years ago by a mother whose children were beaten with a two-by-four by their father during a visit, Nordine said. It now specializes in court-ordered visits for children hurt by domestic violence.
The center, like others, also can supervise telephone calls and e-mail exchanges between the child and potentially explosive parent, said Nordine, whose agency supervised 1,200 visits and 701 child "exchanges'' -- or child transfers between parents-- last year.
Perspectives offers something more: a pathway for parents to "graduate'' to unsupervised visits. John, who didn't want his real name used, is among parents enrolled in its "Parenting Time'' program.
He arrives a half hour early for each meeting with his daughter, and sits down with the supervisor who will monitor his visit in a room filled with toys, a doll house, a kiddie kitchenette and comfy couch.
He and the supervisor go through a parenting curriculum before the sweet 2-year-old walks in.
For the next two hours, the father-daughter conversations and actions are closely observed by the note-taking supervisor. If John were to attempt to say anything inappropriate to the child, or about her mother, the supervisor would stop him.
But the visit goes without a hitch for John, who declined to say why he was there. Dad and daughter first shared a grilled cheese sandwich and soup dinner he brought. They played with Barbie, explored the doll house.
John says he's grateful to have this place to visit his daughter. He's hopeful he will get unsupervised visitation soon.
While John's story did not involve domestic violence, its victims swell the ranks at many centers.
"From a battered women's perspective, they are critical,'' said Shelley Johnson Cline, executive director of the St. Paul Domestic Abuse Intervention Project. "Having a child in a visitation center means he is not going anywhere. The abusive parent can't make any threats, can't kidnap the child and can't use it as an opportunity to put the mother in greater danger.''
No standards
In spite of their important role in maintaining child safety and child-parent bonds, there are few standards for how or where visitation should be delivered in any state, said Jeff Nullet, executive director of the Supervised Visitation Network, a national network of nonprofits providing visitation services.
"There's nobody minding supervised visitation,'' said Nullet. "It's alarming sometimes, because anyone can provide these services.''
A growing number of private individuals oversee supervised visitation, said Michelle Basham, executive director of Genesis II for Families, which supervises about 300 to 400 visits a month in the Minneapolis area. She and Nullet are concerned about the lack of training requirements, safety procedures and other standards for individual supervisors.
County budget strains also are hitting visitation programs, said Basham. Ramsey County, for example, stopped using visitation centers for most of its child protection cases several years ago because of budget cuts. It relies on foster parents and relatives to supervise most visits, said Janine Moore, director of the county's family and children's services.
In high-risk cases, the visits can take place in a county building, supervised by county staff with law enforcement on hand to intervene if needed, she said. But having a neutral, third party overseeing the visits in a more relaxed environment could benefit both the parent and child, she said.
Said Moore: The centers "are something we would love to have.''
Source http://www.startribune.com/local/144169325.html?page=1&c=y
The state's visitation programs don't require licensing, training.
Every Thursday night, John drives to a St. Louis Park program that allows him to visit -- with constant one-on-one supervision -- his young daughter. The surveillance is ordered by the courts.
John parks his car on the left side of the building and heads to a "parenting room.'' A half hour later, the child's mother parks on the opposite side of the building and drops off her daughter. Mother and father never meet. Security systems watch for trouble. And the child gets to see a parent she is attached to, regardless of circumstances.
Each year, thousands of children across Minnesota participate in such "supervised visitations," a critical and sometimes controversial component in child protection and domestic violence cases. As counties press for family reunification for children in foster care, the visits play a critical role in a child's transition back home. They're also essential for women fleeing abusive relationships, whose ex-partners and husbands nonetheless have rights to visit their kids.
But there are no state standards for supervision or security for the nonprofits and individuals who oversee the visits. There's no required licensing or training, and each county handles things differently. While many rely on the special child visitation programs run by nonprofits, others enlist foster parents, family relatives or case aides who may oversee visits at city parks, libraries or even McDonald's.
Supervised visitation blasted into the public spotlight last month after a Washington man blew up his house during what was supposed to be a supervised session with his sons. "That story about the father who blew up his house led a lot of people to wonder about supervised visitation,'' said Linda Domholt, a vice president at Perspectives, the family services nonprofit that John goes to each week.
"There's a lot of need but not a lot of funding for this,'' she said. "It's time to shed some light on it.''
Lynn Lewis, human services manager for Hennepin County, said the service is critical.
"The cases that we see going to court, and getting supervised visitation, are some of the toughest,'' she said. "It can be a convergence of issues: drug abuse, domestic violence, poverty, untreated mental illness. You put a combination of any of those together and it could be toxic for a child.''
Minnesota a national leader
Minnesota was among the first states to create visitation centers, starting in the 1980s, said Carl Nordine, interim executive director of the Children's Safety Center/Genesis II for Families in St. Paul.
The St. Paul center, for example, was launched 20 years ago by a mother whose children were beaten with a two-by-four by their father during a visit, Nordine said. It now specializes in court-ordered visits for children hurt by domestic violence.
The center, like others, also can supervise telephone calls and e-mail exchanges between the child and potentially explosive parent, said Nordine, whose agency supervised 1,200 visits and 701 child "exchanges'' -- or child transfers between parents-- last year.
Perspectives offers something more: a pathway for parents to "graduate'' to unsupervised visits. John, who didn't want his real name used, is among parents enrolled in its "Parenting Time'' program.
He arrives a half hour early for each meeting with his daughter, and sits down with the supervisor who will monitor his visit in a room filled with toys, a doll house, a kiddie kitchenette and comfy couch.
He and the supervisor go through a parenting curriculum before the sweet 2-year-old walks in.
For the next two hours, the father-daughter conversations and actions are closely observed by the note-taking supervisor. If John were to attempt to say anything inappropriate to the child, or about her mother, the supervisor would stop him.
But the visit goes without a hitch for John, who declined to say why he was there. Dad and daughter first shared a grilled cheese sandwich and soup dinner he brought. They played with Barbie, explored the doll house.
John says he's grateful to have this place to visit his daughter. He's hopeful he will get unsupervised visitation soon.
While John's story did not involve domestic violence, its victims swell the ranks at many centers.
"From a battered women's perspective, they are critical,'' said Shelley Johnson Cline, executive director of the St. Paul Domestic Abuse Intervention Project. "Having a child in a visitation center means he is not going anywhere. The abusive parent can't make any threats, can't kidnap the child and can't use it as an opportunity to put the mother in greater danger.''
No standards
In spite of their important role in maintaining child safety and child-parent bonds, there are few standards for how or where visitation should be delivered in any state, said Jeff Nullet, executive director of the Supervised Visitation Network, a national network of nonprofits providing visitation services.
"There's nobody minding supervised visitation,'' said Nullet. "It's alarming sometimes, because anyone can provide these services.''
A growing number of private individuals oversee supervised visitation, said Michelle Basham, executive director of Genesis II for Families, which supervises about 300 to 400 visits a month in the Minneapolis area. She and Nullet are concerned about the lack of training requirements, safety procedures and other standards for individual supervisors.
County budget strains also are hitting visitation programs, said Basham. Ramsey County, for example, stopped using visitation centers for most of its child protection cases several years ago because of budget cuts. It relies on foster parents and relatives to supervise most visits, said Janine Moore, director of the county's family and children's services.
In high-risk cases, the visits can take place in a county building, supervised by county staff with law enforcement on hand to intervene if needed, she said. But having a neutral, third party overseeing the visits in a more relaxed environment could benefit both the parent and child, she said.
Said Moore: The centers "are something we would love to have.''
Source http://www.startribune.com/local/144169325.html?page=1&c=y
CPS caregiver sentenced in child abuse case - Arizona
By Breann Bierman
CHANDLER, AZ (CBS5) - A caregiver for Child Protective Services has been sentenced to 10 years probation for child abuse.
A judge sentenced Angelica Jimenez Thursday morning, according to the Maricopa County Superior Court.
In January, Jimenez plead guilty to one count of Child Abuse and Hindering Prosecution.
Chandler Police arrested Jimenez in August after a baby girl she was caring for was rushed to the hospital. Jimenez initially told police she was alone when the infant stopped breathing.
Doctors found multiple bruises, abrasions and a cigarette burn on the baby's body. It was also discovered that the baby had 14 broken bones, some believed to have been caused by severe shaking.
Detectives learned later that Jimenez was with her boyfriend, Steven Saldana, when the baby was found not breathing and that he'd been staying at her home.
After a number of interviews, Jimenez admitted that she knew Saldana had been abusing the baby since the end of July, but that she never called police or CPS.
Police said Saldana is a convicted felon with a long criminal history. He faces three counts of child abuse in the case.
Source http://www.wave3.com/story/16547172/cps-caregiver-pleads-guilty-to-child-abuse
CHANDLER, AZ (CBS5) - A caregiver for Child Protective Services has been sentenced to 10 years probation for child abuse.
A judge sentenced Angelica Jimenez Thursday morning, according to the Maricopa County Superior Court.
In January, Jimenez plead guilty to one count of Child Abuse and Hindering Prosecution.
Chandler Police arrested Jimenez in August after a baby girl she was caring for was rushed to the hospital. Jimenez initially told police she was alone when the infant stopped breathing.
Doctors found multiple bruises, abrasions and a cigarette burn on the baby's body. It was also discovered that the baby had 14 broken bones, some believed to have been caused by severe shaking.
Detectives learned later that Jimenez was with her boyfriend, Steven Saldana, when the baby was found not breathing and that he'd been staying at her home.
After a number of interviews, Jimenez admitted that she knew Saldana had been abusing the baby since the end of July, but that she never called police or CPS.
Police said Saldana is a convicted felon with a long criminal history. He faces three counts of child abuse in the case.
Source http://www.wave3.com/story/16547172/cps-caregiver-pleads-guilty-to-child-abuse
Wednesday, March 21, 2012
Request for Grand Jury Investigation of Butte County Child Protective Services - California
NORML Women’s Alliance Requests Grand Jury Investigation Into the Butte County CA Children Services
Butte County, CA- On Friday March 9th, The NORML Women’s Alliance (NWA), along with Butte County residents, put forward a complaint to the Grand Jury of Butte requesting an investigation into the County Children Services Division for the agency’s perceived and widespread misconduct
The findings in the people’s request include numerous testimonials from directly affected persons, submitted herein via the GRAND JURY COMPLAINT FORMS, which relate varied claims of CSD misconduct.
The National Coalition for Child Protection Reform, in their report dated September 6, 2011, confirms Butte County leads all of California’s large counties in the percentage rate of permanent removal of children from parents. Previously, the Grand Jury undertook a limited “narrow” investigation of the Children Services Division which did not sufficiently address all aspects of CSD conduct, nor addressed the narrow criteria of “front end” issues in a thorough, transparent manner conducive to meaningful, unbiased investigation and findings.
The NORML Women’s Alliance of Butte County, and NORML attorneys have put forth recommendations that they believe are in the best interest of Butte County children including a broad based investigation and a financial audit.
The NWA Community Leader of Butte County, Tamara Lujan, issued the following statement, “We thank the Grand Jury for its time, consideration and diligence in pursing our request. Only when government agencies have proper oversight can we as a community rest assured that corruption, abuse and other misdeeds are kept in check and deterred. Together We the People of Butte County and the Grand Jury can make these necessary strides of investigation and oversight to ensure all Butte families are truly served well, and are safe and secure at home.”
Source http://norml.org/women/item/request-for-butte-county-grand-jury-investigation?category_id=728
Butte County, CA- On Friday March 9th, The NORML Women’s Alliance (NWA), along with Butte County residents, put forward a complaint to the Grand Jury of Butte requesting an investigation into the County Children Services Division for the agency’s perceived and widespread misconduct
The findings in the people’s request include numerous testimonials from directly affected persons, submitted herein via the GRAND JURY COMPLAINT FORMS, which relate varied claims of CSD misconduct.
The National Coalition for Child Protection Reform, in their report dated September 6, 2011, confirms Butte County leads all of California’s large counties in the percentage rate of permanent removal of children from parents. Previously, the Grand Jury undertook a limited “narrow” investigation of the Children Services Division which did not sufficiently address all aspects of CSD conduct, nor addressed the narrow criteria of “front end” issues in a thorough, transparent manner conducive to meaningful, unbiased investigation and findings.
The NORML Women’s Alliance of Butte County, and NORML attorneys have put forth recommendations that they believe are in the best interest of Butte County children including a broad based investigation and a financial audit.
The NWA Community Leader of Butte County, Tamara Lujan, issued the following statement, “We thank the Grand Jury for its time, consideration and diligence in pursing our request. Only when government agencies have proper oversight can we as a community rest assured that corruption, abuse and other misdeeds are kept in check and deterred. Together We the People of Butte County and the Grand Jury can make these necessary strides of investigation and oversight to ensure all Butte families are truly served well, and are safe and secure at home.”
Source http://norml.org/women/item/request-for-butte-county-grand-jury-investigation?category_id=728
State demands child take cancer-causing drugs
Goes to court insisting that boy endure dangerous course of medication
By Bob Urich
In what is being seen as a preview of a fully implemented Obamacare, government officials in Michigan are demanding that a 9-year-old child follow standard procedure and take a dangerous course of cancer medications that can cause additional cancer – even though the boy has had three scans indicating an absence of the disease.
The case is being fought on behalf of Ken and Erin Stieler and their son Jacob by attorneys with the Home School Legal Defense Association.
The organization concerns itself with home school rights, responsibilities and restrictions but also intercedes in cases that could have a significant impact on child and parental rights.
The HSLDA’s chairman, Michael P. Farris, confirmed today that the Michigan Department of Human Services has filed suit to force the parents to administer the chemicals to their son even though he’s been clean of cancer on scans over the past year. In addition, lower courts twice have ruled against the demands of state agency officials.
Now the state agency has filed an appeal with the Michigan Court of Appeals demanding Jacob be given the chemicals, including ifosfamide, etoposide and doxorubicin, even though the U.S. Food and Drug Administration states that for ifosfamide and etoposide, the “safety and effectiveness in pediatric patients have not been established.”
The warning for doxorubicin is stronger, stating, “Pediatric patients are at increased risk for developing delayed cardiotoxicity.”
Farris told WND that the facts of the case are important, because Jacob underwent treatment for cancer and has been clean on the last three scans over the last year.
Further, the treatment demanded by the state, which insisted that prosecutors bring a medical neglect case against the parents, is not guaranteed to help and not even guaranteed to be safe.
On the HSLDA website, Farris wrote, “If they succeed they will force Jacob to resume chemotherapy despite the fact that the drugs in question are not FDA approved (either for children in general or for this particular cancer). Moreover, these drugs do not promise anything close to a guaranteed cure. And, the FDA requires the drug manufacturers to disclose that these drugs cause new cancers to form, heart disease in children, failure to sexually mature, and many other serious side effects in some cases.”
Farris told WND that there is concern about the outcome of the case, as the state’s argument is that the drugs are demanded in the “national standard of care” for the condition.
That’s the same type of concern that has been raised by many organizations and individuals about Obamacare, which is to face arguments before the U.S. Supreme Court later this month.
Farris told WND that parents have the right to make such medical decisions, not the state.
David Ackerly, director of marketing for the Michigan Department of Human Services, took a message from WND requesting comment on the case but did not respond.
Farris said it would be different if there was a clear and present medical danger, the treatment was proven and the family still refused.
He said the parents have asked for an individual evaluation of their son’s case, only to be reminded about the “standard” that the state intends to follow, which is described as dangerous.
“If we are put in a position where national standards are established, whether by practice or the government, it comes out the same,” he said.
It was in December when a trial judge dismissed a medical neglect case against the family. Now, at issue is “the ability of parents to make medical decisions contrary to the views of doctors.”
“This case may well shape parental rights principles for the long haul. We believe that parents, not doctors, should make tough decisions like this,” Farris said.
The HSLDA earlier reported how Jacob was diagnosed with Ewing Sarcoma, a dangerous bone cancer, and he had surgery to remove a tumor and then chemotherapy to follow up.
“The treatment was incredibly difficult, and Jacob’s mom, Erin, told me that when she looked her son in the eyes, she knew in her heart that he simply could not survive many more rounds of these drugs,” Farris reported.
They tapped into a prayer network and were joined by hundreds to pray for their son’s recovery.
“After all of these rounds of chemotherapy were completed, there was a PET scan done to check on the status of the cancer. There was no evidence of cancer detected in Jacob’s body. Jacob’s family and friends rejoiced in his healing – praising God for this wonderful outcome,” Farris said.
But he said the doctors demanded to continue chemotherapy and radiation, citing their “standard of care.”
Jacob’s parents “begged the doctors to make an individual diagnosis, rather than simply following unbending standards. But the doctors were steadfast. All children with this cancer needed multiple rounds of these drugs – regardless of PET scan results, the doctors contended,” HSLDA reported.
The parents refused, and the doctors contacted Child Protective Services to ask that the parents be charged.
When the local CPS agency and prosecuting attorney refused, the doctors called the state to pressure the agency to file charges.
Farris said key to the case, which was decided in favor of the family before being appealed, is the treating physician.
“‘Have all of these drugs been approved by the FDA as safe and effective for children?’ I asked Jacob’s treating oncologist,” he said. “‘Yes,’ she replied, they have been FDA-approved for children.”
However, according to the official package inserts mandated by the government to describe the drugs contained and their complications, she was “flat wrong,” Farris said.
“In fact, as it turned out, the treating doctor had never even seen, much less read, these official FDA-required package inserts,” he reported.
A warning accompanying another drug demanded by the doctors, vincristine, was typical of those in the case, he said.
That warning said, “Patients who received chemotherapy with vinchristine sulfate in combination with anticancer drugs known to be carcinogenic have developed second malignancies.”
“This is not an easy case. It is not a case where a child has a current illness and the treatment is tested and proven to be safe and effective – those cases are easily resolved. The best evidence is that Jacob no longer has objective evidence of cancer. And not a single drug that the doctors want to give Jacob is FDA-approved for children for his kind of cancer,” Farris said.
He said it is a judgment call, a balancing of risks, and the issue is who makes that decision.
“The doctor told me during the deposition that she thinks that she should make the call – for every child in this situation. And she would give the same answer every time, rather than making an individual judgment,” Farris wrote. “I can’t imagine a more clear case of the need for parental rights.”
He said the project is being supported by the organization’s Homeschool Freedom Fund.
Source http://www.wnd.com/2012/03/state-demands-child-take-cancer-causing-drugs/
By Bob Urich
In what is being seen as a preview of a fully implemented Obamacare, government officials in Michigan are demanding that a 9-year-old child follow standard procedure and take a dangerous course of cancer medications that can cause additional cancer – even though the boy has had three scans indicating an absence of the disease.
The case is being fought on behalf of Ken and Erin Stieler and their son Jacob by attorneys with the Home School Legal Defense Association.
The organization concerns itself with home school rights, responsibilities and restrictions but also intercedes in cases that could have a significant impact on child and parental rights.
The HSLDA’s chairman, Michael P. Farris, confirmed today that the Michigan Department of Human Services has filed suit to force the parents to administer the chemicals to their son even though he’s been clean of cancer on scans over the past year. In addition, lower courts twice have ruled against the demands of state agency officials.
Now the state agency has filed an appeal with the Michigan Court of Appeals demanding Jacob be given the chemicals, including ifosfamide, etoposide and doxorubicin, even though the U.S. Food and Drug Administration states that for ifosfamide and etoposide, the “safety and effectiveness in pediatric patients have not been established.”
The warning for doxorubicin is stronger, stating, “Pediatric patients are at increased risk for developing delayed cardiotoxicity.”
Farris told WND that the facts of the case are important, because Jacob underwent treatment for cancer and has been clean on the last three scans over the last year.
Further, the treatment demanded by the state, which insisted that prosecutors bring a medical neglect case against the parents, is not guaranteed to help and not even guaranteed to be safe.
On the HSLDA website, Farris wrote, “If they succeed they will force Jacob to resume chemotherapy despite the fact that the drugs in question are not FDA approved (either for children in general or for this particular cancer). Moreover, these drugs do not promise anything close to a guaranteed cure. And, the FDA requires the drug manufacturers to disclose that these drugs cause new cancers to form, heart disease in children, failure to sexually mature, and many other serious side effects in some cases.”
Farris told WND that there is concern about the outcome of the case, as the state’s argument is that the drugs are demanded in the “national standard of care” for the condition.
That’s the same type of concern that has been raised by many organizations and individuals about Obamacare, which is to face arguments before the U.S. Supreme Court later this month.
Farris told WND that parents have the right to make such medical decisions, not the state.
David Ackerly, director of marketing for the Michigan Department of Human Services, took a message from WND requesting comment on the case but did not respond.
Farris said it would be different if there was a clear and present medical danger, the treatment was proven and the family still refused.
He said the parents have asked for an individual evaluation of their son’s case, only to be reminded about the “standard” that the state intends to follow, which is described as dangerous.
“If we are put in a position where national standards are established, whether by practice or the government, it comes out the same,” he said.
It was in December when a trial judge dismissed a medical neglect case against the family. Now, at issue is “the ability of parents to make medical decisions contrary to the views of doctors.”
“This case may well shape parental rights principles for the long haul. We believe that parents, not doctors, should make tough decisions like this,” Farris said.
The HSLDA earlier reported how Jacob was diagnosed with Ewing Sarcoma, a dangerous bone cancer, and he had surgery to remove a tumor and then chemotherapy to follow up.
“The treatment was incredibly difficult, and Jacob’s mom, Erin, told me that when she looked her son in the eyes, she knew in her heart that he simply could not survive many more rounds of these drugs,” Farris reported.
They tapped into a prayer network and were joined by hundreds to pray for their son’s recovery.
“After all of these rounds of chemotherapy were completed, there was a PET scan done to check on the status of the cancer. There was no evidence of cancer detected in Jacob’s body. Jacob’s family and friends rejoiced in his healing – praising God for this wonderful outcome,” Farris said.
But he said the doctors demanded to continue chemotherapy and radiation, citing their “standard of care.”
Jacob’s parents “begged the doctors to make an individual diagnosis, rather than simply following unbending standards. But the doctors were steadfast. All children with this cancer needed multiple rounds of these drugs – regardless of PET scan results, the doctors contended,” HSLDA reported.
The parents refused, and the doctors contacted Child Protective Services to ask that the parents be charged.
When the local CPS agency and prosecuting attorney refused, the doctors called the state to pressure the agency to file charges.
Farris said key to the case, which was decided in favor of the family before being appealed, is the treating physician.
“‘Have all of these drugs been approved by the FDA as safe and effective for children?’ I asked Jacob’s treating oncologist,” he said. “‘Yes,’ she replied, they have been FDA-approved for children.”
However, according to the official package inserts mandated by the government to describe the drugs contained and their complications, she was “flat wrong,” Farris said.
“In fact, as it turned out, the treating doctor had never even seen, much less read, these official FDA-required package inserts,” he reported.
A warning accompanying another drug demanded by the doctors, vincristine, was typical of those in the case, he said.
That warning said, “Patients who received chemotherapy with vinchristine sulfate in combination with anticancer drugs known to be carcinogenic have developed second malignancies.”
“This is not an easy case. It is not a case where a child has a current illness and the treatment is tested and proven to be safe and effective – those cases are easily resolved. The best evidence is that Jacob no longer has objective evidence of cancer. And not a single drug that the doctors want to give Jacob is FDA-approved for children for his kind of cancer,” Farris said.
He said it is a judgment call, a balancing of risks, and the issue is who makes that decision.
“The doctor told me during the deposition that she thinks that she should make the call – for every child in this situation. And she would give the same answer every time, rather than making an individual judgment,” Farris wrote. “I can’t imagine a more clear case of the need for parental rights.”
He said the project is being supported by the organization’s Homeschool Freedom Fund.
Source http://www.wnd.com/2012/03/state-demands-child-take-cancer-causing-drugs/
Thursday, March 15, 2012
State must pay $432,000 after infant dies in foster care, Clackamas County jury rules
By Steve Mayes
A Clackamas County jury concluded Wednesday that the Oregon Department of Human Services was negligent and partially responsible for the death of Astrid Ash, an infant who died while in foster care four years ago.
The jury also found the child's father partly at fault, but awarded him $432,300 in damages.
The father, Sam Driessen, filed a wrongful death lawsuit seeking more than $1.5 million.
The testimony highlighted two contrasting and troubling versions of the events preceding the death of 10 1/2-month-old Astrid.
Driessen had twice been convicted of drug crimes before he met Emily C. Ashby through a Craigslist ad where she offered to trade sex for methamphetamine, said Dirk Pierson, a state attorney representing DHS.
Ashby became pregnant and gave birth to twins -- born almost two months prematurely -- in late June 2007. Several weeks later she was found passed out in a car at a fast-food restaurant. After she tested positive for alcohol and drugs, DHS took custody of the twins and placed them in a West Linn foster home.
Astrid failed to thrive and had difficulty gaining weight. She suffered from reflux and sometimes vomited her meals. The foster mother compared the child to "a stopped-up sink."
Driessen's attorney, David Paul, said the foster parents were overwhelmed with their own children and financial responsibilities and did not have the skills to deal with medically fragile babies. DHS workers and others praised the foster parents as well trained, diligent and capable of caring for the twins.
On May 11, 2008 -- Mother's Day -- the foster mother discovered Astrid unconscious in bed. No one had checked on the baby for several hours. The foster parents unsuccessfully tried to revive her. A hospital doctor who examined Astrid after death reported her body temperature was 103 degrees, a sign of serious infection.
"This baby did not have to die," Paul said. Had DHS done its job and involved Driessen, "he would have pushed the right button" and immediately hospitalized the baby, Paul said.
DHS took a blood sample from Driessen in mid-March 2008 and knew he was the father almost two weeks before Astrid died. The agency, however, did not tell him until after Astrid was buried. The death certificate listed the cause of death -- and the name of the father -- as "unknown."
Pierson, the DHS attorney, said Driessen showed no interest in the twins or their welfare during Astrid's short life "and now he wants a million and a half bucks."
Although Ashby told Driessen he was probably the twin's father, he took no action to protect or support the children even though he knew Ashby used illegal drugs while nursing the infants, Pierson said.
The jury agreed up to a point. It found DHS was 56 percent responsible for the death.
DHS bears more blame because it was responsible for Astrid's care but failed to adequately address her on-going medical problems, said a juror, who spoke on condition he not be identified. The jury found other DHS actions troubling, said the juror: the delay in telling Driessen that he was the father, the lack of an autopsy that could determine the cause of death and burying the body the day after the death.
Driessen said he has changed since Astrid's death. He quit drugs, is employed and engaged to be married. He was given custody of the surviving twin, Axel, who reportedly is doing well.
Source http://www.oregonlive.com/oregon-city/index.ssf/2012/03/state_must_pay_432000_after_in.html
A Clackamas County jury concluded Wednesday that the Oregon Department of Human Services was negligent and partially responsible for the death of Astrid Ash, an infant who died while in foster care four years ago.
The jury also found the child's father partly at fault, but awarded him $432,300 in damages.
The father, Sam Driessen, filed a wrongful death lawsuit seeking more than $1.5 million.
The testimony highlighted two contrasting and troubling versions of the events preceding the death of 10 1/2-month-old Astrid.
Driessen had twice been convicted of drug crimes before he met Emily C. Ashby through a Craigslist ad where she offered to trade sex for methamphetamine, said Dirk Pierson, a state attorney representing DHS.
Ashby became pregnant and gave birth to twins -- born almost two months prematurely -- in late June 2007. Several weeks later she was found passed out in a car at a fast-food restaurant. After she tested positive for alcohol and drugs, DHS took custody of the twins and placed them in a West Linn foster home.
Astrid failed to thrive and had difficulty gaining weight. She suffered from reflux and sometimes vomited her meals. The foster mother compared the child to "a stopped-up sink."
Driessen's attorney, David Paul, said the foster parents were overwhelmed with their own children and financial responsibilities and did not have the skills to deal with medically fragile babies. DHS workers and others praised the foster parents as well trained, diligent and capable of caring for the twins.
On May 11, 2008 -- Mother's Day -- the foster mother discovered Astrid unconscious in bed. No one had checked on the baby for several hours. The foster parents unsuccessfully tried to revive her. A hospital doctor who examined Astrid after death reported her body temperature was 103 degrees, a sign of serious infection.
"This baby did not have to die," Paul said. Had DHS done its job and involved Driessen, "he would have pushed the right button" and immediately hospitalized the baby, Paul said.
DHS took a blood sample from Driessen in mid-March 2008 and knew he was the father almost two weeks before Astrid died. The agency, however, did not tell him until after Astrid was buried. The death certificate listed the cause of death -- and the name of the father -- as "unknown."
Pierson, the DHS attorney, said Driessen showed no interest in the twins or their welfare during Astrid's short life "and now he wants a million and a half bucks."
Although Ashby told Driessen he was probably the twin's father, he took no action to protect or support the children even though he knew Ashby used illegal drugs while nursing the infants, Pierson said.
The jury agreed up to a point. It found DHS was 56 percent responsible for the death.
DHS bears more blame because it was responsible for Astrid's care but failed to adequately address her on-going medical problems, said a juror, who spoke on condition he not be identified. The jury found other DHS actions troubling, said the juror: the delay in telling Driessen that he was the father, the lack of an autopsy that could determine the cause of death and burying the body the day after the death.
Driessen said he has changed since Astrid's death. He quit drugs, is employed and engaged to be married. He was given custody of the surviving twin, Axel, who reportedly is doing well.
Source http://www.oregonlive.com/oregon-city/index.ssf/2012/03/state_must_pay_432000_after_in.html
County agency reviewing practices on taking children - California
BY LOIS HENRY
Kern County is reviewing how its Child Protective Services agency removes children from their parents, according to Deputy County Counsel Mark Nations.
Until now, CPS has routinely taken children without warrants if the agency feels there is a credible allegation of "general neglect."
Law enforcement typically handles removal of children when severe physical or sexual abuse is alleged. General neglect is handled by CPS and runs the gamut from drugs being used in the home to no food available for the children.
On Wednesday, sources close to CPS said social workers this week had stopped taking children without warrants and were instead filing petitions asking the court to detain the children.
Nations confirmed that a review was under way but said he had no knowledge that any procedures had been changed thus far.
"Non-custody petitions (to the court) are not something new and whether they will receive increased use in the future remains to be seen," he said in an email.
The review of CPS procedures comes on the heels of a settlement offer in a federal lawsuit that was considered by the Board of Supervisors in closed session on Tuesday.
In that case, Darlene and Lawrence McCue allege CPS and the Kern County Sheriff's Department illegally took their son, then 7, from his school on March 6, 2008 without a warrant and with no evidence that he was being harmed.
The McCues were thought to be endangering their son by having him undergo unnecessary medical procedures for imagined or exaggerated conditions.
Kern County kept the child for four months before a juvenile dependency court found no evidence that supported his removal.
The McCues' attorney, Shawn McMillan, said the law is very clear that authorities must have a warrant to take a child unless they believe the child is in "imminent danger," which means they have reason to believe the child will suffer serious physical harm or death in the few hours it would take to get a warrant.
"There are no nuances," to the law, McMillan has said previously.
McMillan wouldn't say what the McCues' settlement offer involved, but did say there was no demand that CPS alter its procedures. However, he said he assumed that would happen as a result of the lawsuit.
Nations said Supervisors did consider the settlement offer Tuesday evening.
"It was more of an informational thing," he said. "Now, I need to move forward with what they instructed me to do, which I'm not at liberty to disclose."
Another portion of the McCues' lawsuit targets South Fork Union School District. McMillan expects that that part of the case will go to trial.
The McCues allege the school district gave their son a peanut butter cookie even though he's allergic to peanuts. They reported the district to the State Board of Education and believe the district then retaliated against them by filing false accusations with CPS, which resulted in the boy being taken by the county.
An attorney for the South Fork School District has said previously that school employees were simply answering questions from doctors and law enforcement.
Source http://www.bakersfield.com/news/columnist/henry/x2052758890/County-agency-reviewing-practices-on-taking-children
Kern County is reviewing how its Child Protective Services agency removes children from their parents, according to Deputy County Counsel Mark Nations.
Until now, CPS has routinely taken children without warrants if the agency feels there is a credible allegation of "general neglect."
Law enforcement typically handles removal of children when severe physical or sexual abuse is alleged. General neglect is handled by CPS and runs the gamut from drugs being used in the home to no food available for the children.
On Wednesday, sources close to CPS said social workers this week had stopped taking children without warrants and were instead filing petitions asking the court to detain the children.
Nations confirmed that a review was under way but said he had no knowledge that any procedures had been changed thus far.
"Non-custody petitions (to the court) are not something new and whether they will receive increased use in the future remains to be seen," he said in an email.
The review of CPS procedures comes on the heels of a settlement offer in a federal lawsuit that was considered by the Board of Supervisors in closed session on Tuesday.
In that case, Darlene and Lawrence McCue allege CPS and the Kern County Sheriff's Department illegally took their son, then 7, from his school on March 6, 2008 without a warrant and with no evidence that he was being harmed.
The McCues were thought to be endangering their son by having him undergo unnecessary medical procedures for imagined or exaggerated conditions.
Kern County kept the child for four months before a juvenile dependency court found no evidence that supported his removal.
The McCues' attorney, Shawn McMillan, said the law is very clear that authorities must have a warrant to take a child unless they believe the child is in "imminent danger," which means they have reason to believe the child will suffer serious physical harm or death in the few hours it would take to get a warrant.
"There are no nuances," to the law, McMillan has said previously.
McMillan wouldn't say what the McCues' settlement offer involved, but did say there was no demand that CPS alter its procedures. However, he said he assumed that would happen as a result of the lawsuit.
Nations said Supervisors did consider the settlement offer Tuesday evening.
"It was more of an informational thing," he said. "Now, I need to move forward with what they instructed me to do, which I'm not at liberty to disclose."
Another portion of the McCues' lawsuit targets South Fork Union School District. McMillan expects that that part of the case will go to trial.
The McCues allege the school district gave their son a peanut butter cookie even though he's allergic to peanuts. They reported the district to the State Board of Education and believe the district then retaliated against them by filing false accusations with CPS, which resulted in the boy being taken by the county.
An attorney for the South Fork School District has said previously that school employees were simply answering questions from doctors and law enforcement.
Source http://www.bakersfield.com/news/columnist/henry/x2052758890/County-agency-reviewing-practices-on-taking-children
Wednesday, March 14, 2012
Report: Anonymous Ind. hotline caller pleaded 20 minutes for abuse check before boy’s death
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
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
Sunday, March 11, 2012
Story on DCS hotline call is blocked - Indiana
Newspaper had posted information based on report that children were abused
The Indiana Court of Appeals approved an emergency request Friday from the Department of Child Services that prevents the South Bend Tribune from publishing a story based on the recording of a call made last year to the state's child abuse hotline.
On Tuesday, a St. Joseph County judge ordered DCS to release a copy of the May call to the hotline alleging 10 children were being abused in a South Bend home.
The Tribune briefly posted a story on its website based on the tape, along with audio clips from the 20-minute call. Both were removed after the appeals court ordered a stay of the local court order late Friday afternoon.
The Court of Appeals also set a hearing on the matter for Monday.
"We were very, very disappointed," said Tribune Executive Editor Tim Harmon. "The material that we received after the juvenile court judge's order is clearly something the public needs to know about. It is something we have reported about in the past and will continue to report about."
Harmon said the newspaper planned to use material from the call "very responsibly," and the story that was briefly posted did not include the caller's name or gender. It also did not use the names of the children involved.
One of those children was 10-year-old Tramelle Sturgis, who was fatally beaten about six months later. His father, Terry Sturgis, is charged with murder in the boy's death.
DCS already has released paper copies of the Sturgis family's files. Those records included information detailing allegations made in the May call to the hotline. They also reveal that a DCS worker did not make contact with the family until four days after that call.
A few weeks later, the worker ruled the allegation of abuse was unfounded.
However, the circumstances of Tramelle's killing -- he was beaten to death with a wooden club -- closely matched details of the abuse allegation in the hotline call.
Ann Houseworth, DCS spokeswoman, said she was unable to discuss details of pending litigation but did issue a brief written statement.
"The child protection process by statute begins with the call to the hotline -- 1-800-800-5556," Houseworth said.
"The statute requires and callers expect confidentiality when those calls are made. Disclosure of the identification of a caller will have a chilling effect on the willingness of people to call in and report abuse and neglect. Children will be in harm's way if the identity of the caller is disclosed. We will aggressively defend the statute and the confidentiality of those who care about children by calling in to report abuse and neglect."
The fight comes just one day after lawmakers gave final approval to Senate Bill 286. Included in the legislation addressing a number of DCS policy issues is a provision making recordings of calls to the hotline confidential unless a judge orders the information to be released.
Gov. Mitch Daniels could sign or veto the bill. The governor's spokeswoman, Jane Jankowski, said Daniels had no comment on the legal dispute.
DCS Director James Payne repeatedly has pledged that the agency would be open and transparent.
But one critic of the agency, Dawn Robertson of the family-rights group HonkForKids.com, says that has not been her experience.
"I've heard Director Payne say over and over how DCS would be open and transparent," she said. "In the years since, families we have worked with have repeatedly run into hurdles just getting their own records.
"So why would you think DCS was going to allow more access to information that would help the public determine whether or not the agency's actions are correct or appropriate?"
Source http://www.indystar.com/article/20120310/LOCAL/203100318/Story-DCS-hotline-call-blocked?odyssey=tab%7Ctopnews%7Ctext%7CNews
The Indiana Court of Appeals approved an emergency request Friday from the Department of Child Services that prevents the South Bend Tribune from publishing a story based on the recording of a call made last year to the state's child abuse hotline.
On Tuesday, a St. Joseph County judge ordered DCS to release a copy of the May call to the hotline alleging 10 children were being abused in a South Bend home.
The Tribune briefly posted a story on its website based on the tape, along with audio clips from the 20-minute call. Both were removed after the appeals court ordered a stay of the local court order late Friday afternoon.
The Court of Appeals also set a hearing on the matter for Monday.
"We were very, very disappointed," said Tribune Executive Editor Tim Harmon. "The material that we received after the juvenile court judge's order is clearly something the public needs to know about. It is something we have reported about in the past and will continue to report about."
Harmon said the newspaper planned to use material from the call "very responsibly," and the story that was briefly posted did not include the caller's name or gender. It also did not use the names of the children involved.
One of those children was 10-year-old Tramelle Sturgis, who was fatally beaten about six months later. His father, Terry Sturgis, is charged with murder in the boy's death.
DCS already has released paper copies of the Sturgis family's files. Those records included information detailing allegations made in the May call to the hotline. They also reveal that a DCS worker did not make contact with the family until four days after that call.
A few weeks later, the worker ruled the allegation of abuse was unfounded.
However, the circumstances of Tramelle's killing -- he was beaten to death with a wooden club -- closely matched details of the abuse allegation in the hotline call.
Ann Houseworth, DCS spokeswoman, said she was unable to discuss details of pending litigation but did issue a brief written statement.
"The child protection process by statute begins with the call to the hotline -- 1-800-800-5556," Houseworth said.
"The statute requires and callers expect confidentiality when those calls are made. Disclosure of the identification of a caller will have a chilling effect on the willingness of people to call in and report abuse and neglect. Children will be in harm's way if the identity of the caller is disclosed. We will aggressively defend the statute and the confidentiality of those who care about children by calling in to report abuse and neglect."
The fight comes just one day after lawmakers gave final approval to Senate Bill 286. Included in the legislation addressing a number of DCS policy issues is a provision making recordings of calls to the hotline confidential unless a judge orders the information to be released.
Gov. Mitch Daniels could sign or veto the bill. The governor's spokeswoman, Jane Jankowski, said Daniels had no comment on the legal dispute.
DCS Director James Payne repeatedly has pledged that the agency would be open and transparent.
But one critic of the agency, Dawn Robertson of the family-rights group HonkForKids.com, says that has not been her experience.
"I've heard Director Payne say over and over how DCS would be open and transparent," she said. "In the years since, families we have worked with have repeatedly run into hurdles just getting their own records.
"So why would you think DCS was going to allow more access to information that would help the public determine whether or not the agency's actions are correct or appropriate?"
Source http://www.indystar.com/article/20120310/LOCAL/203100318/Story-DCS-hotline-call-blocked?odyssey=tab%7Ctopnews%7Ctext%7CNews
Saturday, March 10, 2012
Family not notified about daughter's alleged abuse at school - Texas
by CRAIG CIVALE
FORNEY, Texas - A Forney family has filed a compliant with the state, claiming that Child Protective Services and Forney ISD failed to tell them about an abuse investigation involving their daughter.
Four-year-old Bella Holt is a special needs student at Henderson Elementary School in Forney. On Jan. 31, school officials were notified by an employee that Holt's teacher reportedly pushed the child to the ground.
"CPS told me she fell on her bottom, hit her elbows, her head, and started crying," her mother, Tana, said.
The district looked into the incident and during the investigation reassigned the teacher to another school. Child Protective Services was also asked to look into the matter.
But at no time was the little girl's family contacted about what was going on.
It wasn't until March 1, four weeks later, they say they received a call from a CPS case worker.
"The first thing out of her mouth was, 'I apoligize for not contacting you,' said Rene Keitch, the child's grandmother.
"She was there four times, observing the child, but not once was her parent, [or] her grandparent notified," she continued. "Not one time."
The family says the case worker interviewed and photographed 4-year-old Bella without their permission.
Child Protective Services would not comment on the incident, or the allegations against their case worker. School district officials confirm Bella's family was not contacted by the school.
A spokesperson for Forney ISD said the teacher's transfer had nothing to do with the investigation, and called the timing of her move a coincidence.
Source http://www.khou.com/news/texas-news/Family-not-notified-about-daughters-alleged-abuse-at-school-142068933.html
FORNEY, Texas - A Forney family has filed a compliant with the state, claiming that Child Protective Services and Forney ISD failed to tell them about an abuse investigation involving their daughter.
Four-year-old Bella Holt is a special needs student at Henderson Elementary School in Forney. On Jan. 31, school officials were notified by an employee that Holt's teacher reportedly pushed the child to the ground.
"CPS told me she fell on her bottom, hit her elbows, her head, and started crying," her mother, Tana, said.
The district looked into the incident and during the investigation reassigned the teacher to another school. Child Protective Services was also asked to look into the matter.
But at no time was the little girl's family contacted about what was going on.
It wasn't until March 1, four weeks later, they say they received a call from a CPS case worker.
"The first thing out of her mouth was, 'I apoligize for not contacting you,' said Rene Keitch, the child's grandmother.
"She was there four times, observing the child, but not once was her parent, [or] her grandparent notified," she continued. "Not one time."
The family says the case worker interviewed and photographed 4-year-old Bella without their permission.
Child Protective Services would not comment on the incident, or the allegations against their case worker. School district officials confirm Bella's family was not contacted by the school.
A spokesperson for Forney ISD said the teacher's transfer had nothing to do with the investigation, and called the timing of her move a coincidence.
Source http://www.khou.com/news/texas-news/Family-not-notified-about-daughters-alleged-abuse-at-school-142068933.html
Thursday, March 8, 2012
Some Child Abuse Offenders Could Be Removed From Database - Conn.
By SHANNON YOUNG, Associated Press
HARTFORD, Conn. (AP) _ Low-risk and rehabilitated suspects of child abuse and neglect might soon have the opportunity to have their names removed from the state’s database under legislation being considered by the General Assembly.
The proposed bill would allow offenders on the state’s child abuse and neglect database to appeal their listing after five years if they aren’t involved in any new abuse reports or investigations.
Appeals would be granted to applicants who have rehabilitated themselves or have demonstrated other legitimate reasons for removal. Applicants would be required to submit at least two letters in support of the appeal from competent adults.
If the bill is passed, individuals would be able to begin applying for an appeal as early as July 1.
Currently, anyone identified as a suspect in Department of Children and Families investigations of child abuse and neglect is listed in a registry for such offenses, even if the individual is not convicted of a civil or criminal offense. Those listed in the registry can initially appeal the listing and can appeal it in court, if necessary.
However, if they lose the appeal, they are permanently placed in the DCF child abuse database.
The database, unlike the sex offender registry, is private and not available to the public. Employers who work with children, however, can contact DCF with a release, signed by the potential employee, to verify that the individual doesn’t present a risk to kids.
Because of this, some argue that while the registry was created to ultimately protect children, it can permanently damage the reputation of suspected offenders and subject them to unemployment.
Michael Agranoff, an attorney specializing in DCF cases, said he has been pushing the state legislature to adapt this measure. He said that while he is successful in winning appeals for some clients, Connecticut has very few DCF attorneys for adults and not every person accused can afford representation.
Agranoff said he has seen hundreds of people successfully rehabilitate themselves. He said no one should be subject to a potential lifetime of unemployment without being allowed to defend him or herself.
Thomas DeMatteo, the assistant agency legal director for DCF, said the agency supports the proposed legislation and is willing to give listed individuals a second look. Thousands of names are on the child abuse and neglect registry, he said.
“DCF works on the basis that people can rehabilitate themselves,” DeMatteo said.
He said, now, around 30 percent of all alleged offenders who appeal their listing are successful.
Despite DCF’s support, some child advocate agencies and activists have raised concerns over the bill’s lack of details and potential effects on other registries.
Mickey Kramer, with the state’s Office of the Child Advocate, said that while the bill sounds like a fair concept, she believes the proposed appeals process needs to be carefully scrutinized and, if passed, applied consistently across the state.
“The devil is in the details, which this legislation doesn’t address,” she said.
Kramer said she agrees with the concept of the legislation but thinks it needs to be more specific before she could support it outright. She said she will likely testify at the hearing.
Sen. John Kissel, R-Enfield, ranking member of the legislature’s Judiciary Committee, also raised concerns over the bill’s lack of details, specifically what qualifies a suspected offender as “rehabilitated.” He said he’d like to see a more specific definition of the term and learn more about how a person would be evaluated.
“God forbid someone gets off of the registry and harms another child,” Kissel said.
The Judiciary Committee will hear opinions on the bill at a Wednesday morning public hearing at the Legislative Office Building.
Wallingford Republican Sen. Len Suzio said the Select Committee on Children, on which he serves as ranking member, reviewed identical legislation on the issue before ultimately removing it from the bill.
He said that among other things, the committee questioned how the process of removing a person’s name from the child abuse and neglect registry would work when a suspected offender could potentially still be listed on the state’s sex offender registry.
Like Suzio, Karen Jarmoc, the executive director of the Connecticut Coalition Against Domestic Violence, also expressed concerns on the relation between the child abuse and sex offender registries.
Jarmoc said allowing offenders to remove their names from the child abuse and neglect database may open the door for individuals to try and get their names off of other lists, like the sex offender registry.
She said the legislature needs to be careful that it doesn’t create a precedent for this type of name removal.
Last year, similar legislation that included a section concerning parental consent for children being interviewed by DCF failed to make it to the floor for a vote in the Senate. This year, the measures are separated into two bills.
Bill supporters are optimistic that the name removal legislation could be passed this session, as DCF is once again behind the measure.
Source http://connecticut.cbslocal.com/2012/03/08/some-child-abuse-offenders-could-be-removed-from-database/
HARTFORD, Conn. (AP) _ Low-risk and rehabilitated suspects of child abuse and neglect might soon have the opportunity to have their names removed from the state’s database under legislation being considered by the General Assembly.
The proposed bill would allow offenders on the state’s child abuse and neglect database to appeal their listing after five years if they aren’t involved in any new abuse reports or investigations.
Appeals would be granted to applicants who have rehabilitated themselves or have demonstrated other legitimate reasons for removal. Applicants would be required to submit at least two letters in support of the appeal from competent adults.
If the bill is passed, individuals would be able to begin applying for an appeal as early as July 1.
Currently, anyone identified as a suspect in Department of Children and Families investigations of child abuse and neglect is listed in a registry for such offenses, even if the individual is not convicted of a civil or criminal offense. Those listed in the registry can initially appeal the listing and can appeal it in court, if necessary.
However, if they lose the appeal, they are permanently placed in the DCF child abuse database.
The database, unlike the sex offender registry, is private and not available to the public. Employers who work with children, however, can contact DCF with a release, signed by the potential employee, to verify that the individual doesn’t present a risk to kids.
Because of this, some argue that while the registry was created to ultimately protect children, it can permanently damage the reputation of suspected offenders and subject them to unemployment.
Michael Agranoff, an attorney specializing in DCF cases, said he has been pushing the state legislature to adapt this measure. He said that while he is successful in winning appeals for some clients, Connecticut has very few DCF attorneys for adults and not every person accused can afford representation.
Agranoff said he has seen hundreds of people successfully rehabilitate themselves. He said no one should be subject to a potential lifetime of unemployment without being allowed to defend him or herself.
Thomas DeMatteo, the assistant agency legal director for DCF, said the agency supports the proposed legislation and is willing to give listed individuals a second look. Thousands of names are on the child abuse and neglect registry, he said.
“DCF works on the basis that people can rehabilitate themselves,” DeMatteo said.
He said, now, around 30 percent of all alleged offenders who appeal their listing are successful.
Despite DCF’s support, some child advocate agencies and activists have raised concerns over the bill’s lack of details and potential effects on other registries.
Mickey Kramer, with the state’s Office of the Child Advocate, said that while the bill sounds like a fair concept, she believes the proposed appeals process needs to be carefully scrutinized and, if passed, applied consistently across the state.
“The devil is in the details, which this legislation doesn’t address,” she said.
Kramer said she agrees with the concept of the legislation but thinks it needs to be more specific before she could support it outright. She said she will likely testify at the hearing.
Sen. John Kissel, R-Enfield, ranking member of the legislature’s Judiciary Committee, also raised concerns over the bill’s lack of details, specifically what qualifies a suspected offender as “rehabilitated.” He said he’d like to see a more specific definition of the term and learn more about how a person would be evaluated.
“God forbid someone gets off of the registry and harms another child,” Kissel said.
The Judiciary Committee will hear opinions on the bill at a Wednesday morning public hearing at the Legislative Office Building.
Wallingford Republican Sen. Len Suzio said the Select Committee on Children, on which he serves as ranking member, reviewed identical legislation on the issue before ultimately removing it from the bill.
He said that among other things, the committee questioned how the process of removing a person’s name from the child abuse and neglect registry would work when a suspected offender could potentially still be listed on the state’s sex offender registry.
Like Suzio, Karen Jarmoc, the executive director of the Connecticut Coalition Against Domestic Violence, also expressed concerns on the relation between the child abuse and sex offender registries.
Jarmoc said allowing offenders to remove their names from the child abuse and neglect database may open the door for individuals to try and get their names off of other lists, like the sex offender registry.
She said the legislature needs to be careful that it doesn’t create a precedent for this type of name removal.
Last year, similar legislation that included a section concerning parental consent for children being interviewed by DCF failed to make it to the floor for a vote in the Senate. This year, the measures are separated into two bills.
Bill supporters are optimistic that the name removal legislation could be passed this session, as DCF is once again behind the measure.
Source http://connecticut.cbslocal.com/2012/03/08/some-child-abuse-offenders-could-be-removed-from-database/
Wednesday, March 7, 2012
No autopsy of Monroe child despite police requests
Police say examiner's office ignored their concerns about child's death
By Noah Haglund, Diana Hefley and Rikki King
MONROE -- Police say they repeatedly tried to tell the Snohomish County Medical Examiner's Office that a 7-year-old boy who showed up dead at a Monroe hospital had a history of mistreatment and neglect.
Police wanted an autopsy and called at least three times to make their case. They were given "a dismissive 'no,'" Monroe police spokeswoman Debbie Willis said Tuesday.
State officials confirmed that a social worker witnessed at least one of those conversations, and the detective mentioned Child Protective Services' past involvement with the boy's family.
Still, the medical examiner's office ruled the boy's death "low suspicion." His body was released and cremated without an autopsy. Two weeks later, toxicology tests ordered by the medical examiner came back showing the boy died with lethal amounts of what appears to be over-the-counter painkillers in his system.
Police are investigating the death as a potential manslaughter. The case is complicated by a lack of evidence from a body, little cooperation from the boy's parents and possible missteps in how his death investigation was handled. National experts say there aren't clear-cut policies for when a child death investigation requires an autopsy.
The boy, identified in court papers only as "A.J." of Monroe, was pronounced dead Jan. 30. His father brought the boy into the hospital emergency room unresponsive, nearly 40 minutes after he said he found the boy "ash white," the documents showed.
In the days after the boy's death, a detective called the medical examiner's office at least twice to request an autopsy, Willis said. A sergeant called, as well.
The detective attempted to explain that he'd investigated the boy's parents in a reckless endangerment case two years before, she said.
"It was a dismissive 'no,' they were not going to do an autopsy," she said. "They asked if we had documentation of any physical abuse, and we said no."
The medical examiner representative reportedly told the detective that if police wanted to send documents, they'd be reviewed, Willis said. They asked for no additional information.
"The detective felt at that point that we'd had three dismissive phone calls, they're not listening, and we have an investigation to continue here, and did not send any reports to them," Willis said.
The Snohomish County Executive's Office, which oversees the medical examiner, has declined to discuss any specifics of the case, citing the ongoing police investigation.
Police look into deaths that may involve crimes, but the medical examiner's office determines how someone died and whether the death was natural, an accident or the result of someone else's actions.
A determination on the boy's manner of death is pending, meaning there's not enough information.
State toxicologists reported finding lethal amounts of salicylates in the boy's blood. Salicylates are common in aspirin and other over-the-counter drugs.
The tests determine the presence and amount of the drug in the blood, not how it was ingested.
An autopsy would have answered important questions, such as whether there were pills in the boy's stomach. Even without that evidence, authorities still should be able to investigate, said Janice Ophoven, a Minnesota-based pediatric forensic pathologist who has consulted on cases nationally and abroad.
"In this particular case, we have a cause of death -- that's not going to be in dispute," Ophoven said. "Then the question becomes how did that stuff get in there, and is there a reasonable explanation for that?"
Salicylate poisoning generally causes noticeable symptoms that last hours before death, she said. Those include breathing problems, nausea and vomiting.
"Assuming that the numbers are reported accurately and this is a fatal dose, somebody is going to have to answer the question of what the family thought when they saw signs of salicylate poisoning," Ophoven said.
The case ultimately will come down to "good police work in the days and weeks to come," she said.
Job defies policy
There are no policies to tell forensic pathologists in Snohomish County, or anywhere else, exactly when to perform autopsies. Instead, death investigators must rely on their training and experience to make the right call.
"The almost infinite varieties in ways that people die makes it impossible to write a policy to deal with every kind of death," said Dr. Andrew Baker, spokesman for the National Association of Medical Examiners and medical examiner for Hennepin County, Minn.
Baker added: "Whether one is done is only a piece of the much larger puzzle. Whether you do one or not depends on what historical information is available to you."
A former associate pathologist for Snohomish County said the information from Child Protective Services should have made a decision on the Monroe boy's case an easy call.
"To me, it's obligatory to do an autopsy in this case if the medical examiner knew of the CPS reports," said Dr. Carl Wigren, who left Snohomish County in 2009 and now consults with coroners, attorneys and families.
The child's father pleaded guilty in 2010 to reckless endangerment after police discovered his children living in deplorable conditions. The children, then 10 and 5, were removed from the home for three months. Before then, state social workers investigated numerous allegations of mistreatment involving the couple's two sons, including a report that the older boy, now 12, had been given a double dose of anti-seizure medication on at least two occasions.
Both boys were severely developmentally delayed, but doctors haven't found genetic or neurological reasons. The older boy has been removed from the home.
Timeline still unclear
What also remains unclear is the timeline of events between the younger boy having medical trouble and the hospital declaring him dead, police said.
His father said the boy was breathing and alive when they left the home, but the emergency room doctor said when they arrived, the boy appeared to be in the early stages of rigor mortis, which happens hours after death.
Child Protective Services received notice from the hospital about the younger boy's death, said Sherry Hill, spokeswoman for the state Department of Social and Health Services
A social worker was investigating the case by 10 a.m. that morning. That included contacting Monroe police to ask if they would be assigning a detective.
Generally, hospitals contact CPS or law enforcement when the child's death is unexpected.
The social worker was in frequent contact with the detective. The social worker noted that she was there when the detective called the medical examiner's office. During that conversation, the detective conveyed the family's history with CPS. CPS officials never received a request from the medical examiner to see those reports, Hill said.
"We felt assured that the M.E. was aware of the history of this family," Hill said.
The social worker noted that the medical examiner expected to determine a cause of death that day. The social worker noted that the medical examiner planned to complete a toxicology screen and a full body scan to determine if there were any signs of abuse or neglect, Hill said.
Once the medical examiner concluded that the death wasn't suspicious, the social worker talked with the family about the possibility of doing an autopsy. She advised the family that an autopsy could be helpful to determine what caused the boy's seizures, which could be helpful to their care of their older son. The social worker made it clear that the family would need to request a full autopsy.
The social worker reported that the parents said they would consult with their own doctors and "take care of it."
Officials with the Children's Administration plan to convene a child fatality review. The law calls for a review when a child dies of suspected neglect or abuse and has received services from the state in the past year.
Shortly after A.J.'s death, leaders at his school broke the news to students and families.
A.J. was in a first-grade class.
"He faced many health challenges in his short life and we will miss him," Fryelands Elementary School Principal Jeff Presley wrote at the time. "A.J. was a wonderful member of our school family and our thoughts are with his parents and brother."
Source http://heraldnet.com/article/20120307/NEWS01/703079869/-1/News
By Noah Haglund, Diana Hefley and Rikki King
MONROE -- Police say they repeatedly tried to tell the Snohomish County Medical Examiner's Office that a 7-year-old boy who showed up dead at a Monroe hospital had a history of mistreatment and neglect.
Police wanted an autopsy and called at least three times to make their case. They were given "a dismissive 'no,'" Monroe police spokeswoman Debbie Willis said Tuesday.
State officials confirmed that a social worker witnessed at least one of those conversations, and the detective mentioned Child Protective Services' past involvement with the boy's family.
Still, the medical examiner's office ruled the boy's death "low suspicion." His body was released and cremated without an autopsy. Two weeks later, toxicology tests ordered by the medical examiner came back showing the boy died with lethal amounts of what appears to be over-the-counter painkillers in his system.
Police are investigating the death as a potential manslaughter. The case is complicated by a lack of evidence from a body, little cooperation from the boy's parents and possible missteps in how his death investigation was handled. National experts say there aren't clear-cut policies for when a child death investigation requires an autopsy.
The boy, identified in court papers only as "A.J." of Monroe, was pronounced dead Jan. 30. His father brought the boy into the hospital emergency room unresponsive, nearly 40 minutes after he said he found the boy "ash white," the documents showed.
In the days after the boy's death, a detective called the medical examiner's office at least twice to request an autopsy, Willis said. A sergeant called, as well.
The detective attempted to explain that he'd investigated the boy's parents in a reckless endangerment case two years before, she said.
"It was a dismissive 'no,' they were not going to do an autopsy," she said. "They asked if we had documentation of any physical abuse, and we said no."
The medical examiner representative reportedly told the detective that if police wanted to send documents, they'd be reviewed, Willis said. They asked for no additional information.
"The detective felt at that point that we'd had three dismissive phone calls, they're not listening, and we have an investigation to continue here, and did not send any reports to them," Willis said.
The Snohomish County Executive's Office, which oversees the medical examiner, has declined to discuss any specifics of the case, citing the ongoing police investigation.
Police look into deaths that may involve crimes, but the medical examiner's office determines how someone died and whether the death was natural, an accident or the result of someone else's actions.
A determination on the boy's manner of death is pending, meaning there's not enough information.
State toxicologists reported finding lethal amounts of salicylates in the boy's blood. Salicylates are common in aspirin and other over-the-counter drugs.
The tests determine the presence and amount of the drug in the blood, not how it was ingested.
An autopsy would have answered important questions, such as whether there were pills in the boy's stomach. Even without that evidence, authorities still should be able to investigate, said Janice Ophoven, a Minnesota-based pediatric forensic pathologist who has consulted on cases nationally and abroad.
"In this particular case, we have a cause of death -- that's not going to be in dispute," Ophoven said. "Then the question becomes how did that stuff get in there, and is there a reasonable explanation for that?"
Salicylate poisoning generally causes noticeable symptoms that last hours before death, she said. Those include breathing problems, nausea and vomiting.
"Assuming that the numbers are reported accurately and this is a fatal dose, somebody is going to have to answer the question of what the family thought when they saw signs of salicylate poisoning," Ophoven said.
The case ultimately will come down to "good police work in the days and weeks to come," she said.
Job defies policy
There are no policies to tell forensic pathologists in Snohomish County, or anywhere else, exactly when to perform autopsies. Instead, death investigators must rely on their training and experience to make the right call.
"The almost infinite varieties in ways that people die makes it impossible to write a policy to deal with every kind of death," said Dr. Andrew Baker, spokesman for the National Association of Medical Examiners and medical examiner for Hennepin County, Minn.
Baker added: "Whether one is done is only a piece of the much larger puzzle. Whether you do one or not depends on what historical information is available to you."
A former associate pathologist for Snohomish County said the information from Child Protective Services should have made a decision on the Monroe boy's case an easy call.
"To me, it's obligatory to do an autopsy in this case if the medical examiner knew of the CPS reports," said Dr. Carl Wigren, who left Snohomish County in 2009 and now consults with coroners, attorneys and families.
The child's father pleaded guilty in 2010 to reckless endangerment after police discovered his children living in deplorable conditions. The children, then 10 and 5, were removed from the home for three months. Before then, state social workers investigated numerous allegations of mistreatment involving the couple's two sons, including a report that the older boy, now 12, had been given a double dose of anti-seizure medication on at least two occasions.
Both boys were severely developmentally delayed, but doctors haven't found genetic or neurological reasons. The older boy has been removed from the home.
Timeline still unclear
What also remains unclear is the timeline of events between the younger boy having medical trouble and the hospital declaring him dead, police said.
His father said the boy was breathing and alive when they left the home, but the emergency room doctor said when they arrived, the boy appeared to be in the early stages of rigor mortis, which happens hours after death.
Child Protective Services received notice from the hospital about the younger boy's death, said Sherry Hill, spokeswoman for the state Department of Social and Health Services
A social worker was investigating the case by 10 a.m. that morning. That included contacting Monroe police to ask if they would be assigning a detective.
Generally, hospitals contact CPS or law enforcement when the child's death is unexpected.
The social worker was in frequent contact with the detective. The social worker noted that she was there when the detective called the medical examiner's office. During that conversation, the detective conveyed the family's history with CPS. CPS officials never received a request from the medical examiner to see those reports, Hill said.
"We felt assured that the M.E. was aware of the history of this family," Hill said.
The social worker noted that the medical examiner expected to determine a cause of death that day. The social worker noted that the medical examiner planned to complete a toxicology screen and a full body scan to determine if there were any signs of abuse or neglect, Hill said.
Once the medical examiner concluded that the death wasn't suspicious, the social worker talked with the family about the possibility of doing an autopsy. She advised the family that an autopsy could be helpful to determine what caused the boy's seizures, which could be helpful to their care of their older son. The social worker made it clear that the family would need to request a full autopsy.
The social worker reported that the parents said they would consult with their own doctors and "take care of it."
Officials with the Children's Administration plan to convene a child fatality review. The law calls for a review when a child dies of suspected neglect or abuse and has received services from the state in the past year.
Shortly after A.J.'s death, leaders at his school broke the news to students and families.
A.J. was in a first-grade class.
"He faced many health challenges in his short life and we will miss him," Fryelands Elementary School Principal Jeff Presley wrote at the time. "A.J. was a wonderful member of our school family and our thoughts are with his parents and brother."
Source http://heraldnet.com/article/20120307/NEWS01/703079869/-1/News
Father of 3 children slain in Riviera Beach sues DCF
By Jane Musgrave
WEST PALM BEACH — The father of three children who were killed and a fourth who was injured when his ex-wife's estranged husband went on a deadly rampage in September 2010 is suing the Florida Department of Children & Families for negligence.
The suit filed by Michael Barnett comes a month after the father of a fourth child who was killed in the massacre filed a similar lawsuit against the state agency that is to protect children from harm.
Instead, according to the lawsuit Barnett filed last week in Palm Beach County Circuit Court, the agency ignored obvious warning signs. For instance, the Riviera Beach Police Department was summoned to Natasha Whyte-Dell's home 34 times before Patrick Dell broke in and shot and killed Whyte-Dell and four of her seven children and wounded another youngster before turning the gun on himself.
The agency did open an investigation in December 2009 after Dell was charged with aggravated assault with a deadly weapon and criminal mischief for coming after Whyte-Dell with a knife. While she and a friend cowered behind a door, she told police he screamed at her, "Your family is going to cry today" and "You will be going to the morgue."
However, despite the threats and ongoing violence, the agency closed its investigation, concluding the children weren't at "significant risk," according to Barnett's lawsuit.
In May 2010, Whyte-Dell got a restraining order against Dell after he again attacked her. In her petition, she said she heard Dell was trying to buy a gun and would use it to hurt her and her children. Four months later, that's exactly what he did.
Killed in the attack were Barnett's children: Daniel, 7; Diane, 13, and Bryan, 14. Injured was the divorced couple's 15-year-old son Ryan. Also killed was Javon Nelson, 11, the son of Leroy Nelson Jr., who is suing DCF. Two children survived.
DCF officials declined comment on the lawsuit. Shortly after the attack, then-DCF regional director Perry Borman admitted the case was not handled properly. The investigator was fired after being charged with battery in an unconnected incident.
Systems have been put in place in hopes of averting a similar disaster, said Mark Riordan, an agency spokesman. DCF now receives copies of any requests for restraining orders filed with the Palm Beach County Clerk of Courts. There also is greater cooperation between the agency and local law enforcement agencies, he said.
Source http://www.palmbeachpost.com/news/crime/father-of-3-children-slain-in-riviera-beach-2220804.html
WEST PALM BEACH — The father of three children who were killed and a fourth who was injured when his ex-wife's estranged husband went on a deadly rampage in September 2010 is suing the Florida Department of Children & Families for negligence.
The suit filed by Michael Barnett comes a month after the father of a fourth child who was killed in the massacre filed a similar lawsuit against the state agency that is to protect children from harm.
Instead, according to the lawsuit Barnett filed last week in Palm Beach County Circuit Court, the agency ignored obvious warning signs. For instance, the Riviera Beach Police Department was summoned to Natasha Whyte-Dell's home 34 times before Patrick Dell broke in and shot and killed Whyte-Dell and four of her seven children and wounded another youngster before turning the gun on himself.
The agency did open an investigation in December 2009 after Dell was charged with aggravated assault with a deadly weapon and criminal mischief for coming after Whyte-Dell with a knife. While she and a friend cowered behind a door, she told police he screamed at her, "Your family is going to cry today" and "You will be going to the morgue."
However, despite the threats and ongoing violence, the agency closed its investigation, concluding the children weren't at "significant risk," according to Barnett's lawsuit.
In May 2010, Whyte-Dell got a restraining order against Dell after he again attacked her. In her petition, she said she heard Dell was trying to buy a gun and would use it to hurt her and her children. Four months later, that's exactly what he did.
Killed in the attack were Barnett's children: Daniel, 7; Diane, 13, and Bryan, 14. Injured was the divorced couple's 15-year-old son Ryan. Also killed was Javon Nelson, 11, the son of Leroy Nelson Jr., who is suing DCF. Two children survived.
DCF officials declined comment on the lawsuit. Shortly after the attack, then-DCF regional director Perry Borman admitted the case was not handled properly. The investigator was fired after being charged with battery in an unconnected incident.
Systems have been put in place in hopes of averting a similar disaster, said Mark Riordan, an agency spokesman. DCF now receives copies of any requests for restraining orders filed with the Palm Beach County Clerk of Courts. There also is greater cooperation between the agency and local law enforcement agencies, he said.
Source http://www.palmbeachpost.com/news/crime/father-of-3-children-slain-in-riviera-beach-2220804.html
Monday, March 5, 2012
Child welfare confidentiality draws scrutiny - Indiana
Associated Press
SOUTH BEND, Ind.— An Indiana law that keeps all child-protection records confidential except in cases of fatality or near fatality is out of date and prevents accountability when a child dies, some judges and lawmakers say.
"I have to make decisions based on the evidence before me," said St. Joseph Probate Judge Peter Nemeth, "and I'm not always sure that DCS is telling me everything."
The Indiana House has voted to create a legislative committee to review changes in how the state investigates reports of child abuse and neglect. Democratic legislators have questioned the Department of Child Services' spending and a new child abuse hotline that routes all reports to a centralized call center in Indianapolis
Republican legislators have defended the agency's performance, saying DCS has doubled the number of caseworkers and helped reduce the number of child abuse deaths since 2005.
But critics say there is a cloak of secrecy surrounding the agency and worry that failing to provide some information could have tragic consequences.
An Indiana child fatality review team studies and reports on deaths of Indiana children. Its public reports provide a general overview and broad recommendations but don't delve into specifics of what happened or did not happen, the South Bend Tribune reported (http://bit.ly/AirHoB).
Reports from a DCS ombudsman office established in 2010 to investigate complaints involving the department also contain only general trends and non-identifying information about specific cases.
DCS Director James Payne said he supports more openness.
"I'm not opposed to loosening up the confidentiality. I've said for years that `confidential' is really `secret,"' said Payne, a former juvenile court judge who opened his Marion County courtroom to cameras for a "Dateline" television special about the juvenile justice system. "The issue really is the degree of that."
Child protection officials say they worry that more openness could expose parents to unfounded tips and stigmatize children.
But others note that unsubstantiated reports of abuse or neglect are only kept for three months and say that has prevented child welfare workers from having all the information they need in some cases, including the beating death of Tramelle Sturgis, a 10-year-old South Bend boy, in November.
In that case, prosecutors learned that earlier reports to DCS about the boy and his family had been destroyed.
State Sen. John Broden, D-South Bend, introduced an amendment this session to change DCS record-keeping rules to store records of unsubstantiated reports for at least three years.
Broden, a former DCS attorney, advocates easing the system's confidentiality requirements so long as names of children and parents remain confidential.
"If the press wants to come and look at various cases and orders, I'd have no problem with that," he said.
Source http://www.chicagotribune.com/news/chi-ap-in-childservices-con,0,1108594.story
SOUTH BEND, Ind.— An Indiana law that keeps all child-protection records confidential except in cases of fatality or near fatality is out of date and prevents accountability when a child dies, some judges and lawmakers say.
"I have to make decisions based on the evidence before me," said St. Joseph Probate Judge Peter Nemeth, "and I'm not always sure that DCS is telling me everything."
The Indiana House has voted to create a legislative committee to review changes in how the state investigates reports of child abuse and neglect. Democratic legislators have questioned the Department of Child Services' spending and a new child abuse hotline that routes all reports to a centralized call center in Indianapolis
Republican legislators have defended the agency's performance, saying DCS has doubled the number of caseworkers and helped reduce the number of child abuse deaths since 2005.
But critics say there is a cloak of secrecy surrounding the agency and worry that failing to provide some information could have tragic consequences.
An Indiana child fatality review team studies and reports on deaths of Indiana children. Its public reports provide a general overview and broad recommendations but don't delve into specifics of what happened or did not happen, the South Bend Tribune reported (http://bit.ly/AirHoB).
Reports from a DCS ombudsman office established in 2010 to investigate complaints involving the department also contain only general trends and non-identifying information about specific cases.
DCS Director James Payne said he supports more openness.
"I'm not opposed to loosening up the confidentiality. I've said for years that `confidential' is really `secret,"' said Payne, a former juvenile court judge who opened his Marion County courtroom to cameras for a "Dateline" television special about the juvenile justice system. "The issue really is the degree of that."
Child protection officials say they worry that more openness could expose parents to unfounded tips and stigmatize children.
But others note that unsubstantiated reports of abuse or neglect are only kept for three months and say that has prevented child welfare workers from having all the information they need in some cases, including the beating death of Tramelle Sturgis, a 10-year-old South Bend boy, in November.
In that case, prosecutors learned that earlier reports to DCS about the boy and his family had been destroyed.
State Sen. John Broden, D-South Bend, introduced an amendment this session to change DCS record-keeping rules to store records of unsubstantiated reports for at least three years.
Broden, a former DCS attorney, advocates easing the system's confidentiality requirements so long as names of children and parents remain confidential.
"If the press wants to come and look at various cases and orders, I'd have no problem with that," he said.
Source http://www.chicagotribune.com/news/chi-ap-in-childservices-con,0,1108594.story
Iowa settles suit over boy's foster care injuries
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
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
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