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
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 criminal investigation. Show all posts
Showing posts with label criminal investigation. Show all posts
Wednesday, March 7, 2012
Monday, March 5, 2012
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
Wednesday, February 22, 2012
Children removed from home of ACLU director after dispute - South Dakota
Written by John Hult
The stepchildren of the director of the South Dakota chapter of the American Civil Liberties Union were placed in protective custody last week after a family dispute call at his address.
Robert Doody, 31, was asked to leave a closed child protection hearing Tuesday morning at the Minnehaha County Courthouse. A judge decided at the hearing to keep the children in protective custody during a Department of Social Services investigation.
The inquiry was sparked by a report of physical abuse given to the Department of Social Services by the biological father of two of the children. By law, Social Services can place children in protective custody for 10 days while it investigates claims against parents.
Minnehaha County State’s Attorney Aaron McGowan confirmed Tuesday that he was aware of allegations, but said no charges have been filed against the mother or stepfather.
“We’ll have to wait for the investigating agency’s report,” McGowan said.
Doody said the removal of his Native American stepchildren, as well as his absence from the courtroom, constitute violations of the Indian Child Welfare Act.
The welfare act bars the foster care placement of Native children under most circumstances and gives Native parents additional rights during custody hearings.
“This is a disgrace. It goes to show that the state does not give due process to Indians or non-Indians,” Doody said after the hearing. “It’s a sham.”
Doody and the children’s maternal grandmother initially walked into the hearing Tuesday morning but were asked to leave, he said.
Doody denied any wrongdoing.
The only family members inside the courtroom were the children’s biological parents: Doody’s wife, Kimberly St. John, and their father, David Knorr.
After the hearing, Knorr said the judge determined that the children would remain in protective custody while the Social Services investigation proceeds. Doody and his wife objected to a placement in Knorr’s home.
The report appears on the Sioux Falls Police Department’s daily call log as a “family dispute” Friday morning, although Knorr said the incident in question took place Wednesday.
Police spokesman Sam Clemens confirmed only that the call came in as a Department of Social Services referral.
Doody has been the director of South Dakota’s chapter of the civil rights organization since 2008.
The organization has offered support to Native Americans suing the Department of Corrections and displaced voters on Indian reservations.
A spokesperson for the national ACLU declined to comment on the matter Tuesday.
“Robert Doody is an ACLU employee and as this is a personal matter,” Marsha Zeesman said.
Doody’s lawyer, Debra Voight, did not return calls seeking comment Tuesday night.
St. John is director of Mita Maske Ti Ki, a shelter for victims of domestic violence.
Source http://www.argusleader.com/article/20120222/NEWS/302210043/Children-removed-from-home-of-ACLU-director-after-dispute?odyssey=tab|topnews|text|Home
The stepchildren of the director of the South Dakota chapter of the American Civil Liberties Union were placed in protective custody last week after a family dispute call at his address.
Robert Doody, 31, was asked to leave a closed child protection hearing Tuesday morning at the Minnehaha County Courthouse. A judge decided at the hearing to keep the children in protective custody during a Department of Social Services investigation.
The inquiry was sparked by a report of physical abuse given to the Department of Social Services by the biological father of two of the children. By law, Social Services can place children in protective custody for 10 days while it investigates claims against parents.
Minnehaha County State’s Attorney Aaron McGowan confirmed Tuesday that he was aware of allegations, but said no charges have been filed against the mother or stepfather.
“We’ll have to wait for the investigating agency’s report,” McGowan said.
Doody said the removal of his Native American stepchildren, as well as his absence from the courtroom, constitute violations of the Indian Child Welfare Act.
The welfare act bars the foster care placement of Native children under most circumstances and gives Native parents additional rights during custody hearings.
“This is a disgrace. It goes to show that the state does not give due process to Indians or non-Indians,” Doody said after the hearing. “It’s a sham.”
Doody and the children’s maternal grandmother initially walked into the hearing Tuesday morning but were asked to leave, he said.
Doody denied any wrongdoing.
The only family members inside the courtroom were the children’s biological parents: Doody’s wife, Kimberly St. John, and their father, David Knorr.
After the hearing, Knorr said the judge determined that the children would remain in protective custody while the Social Services investigation proceeds. Doody and his wife objected to a placement in Knorr’s home.
The report appears on the Sioux Falls Police Department’s daily call log as a “family dispute” Friday morning, although Knorr said the incident in question took place Wednesday.
Police spokesman Sam Clemens confirmed only that the call came in as a Department of Social Services referral.
Doody has been the director of South Dakota’s chapter of the civil rights organization since 2008.
The organization has offered support to Native Americans suing the Department of Corrections and displaced voters on Indian reservations.
A spokesperson for the national ACLU declined to comment on the matter Tuesday.
“Robert Doody is an ACLU employee and as this is a personal matter,” Marsha Zeesman said.
Doody’s lawyer, Debra Voight, did not return calls seeking comment Tuesday night.
St. John is director of Mita Maske Ti Ki, a shelter for victims of domestic violence.
Source http://www.argusleader.com/article/20120222/NEWS/302210043/Children-removed-from-home-of-ACLU-director-after-dispute?odyssey=tab|topnews|text|Home
Monday, December 12, 2011
Social workers fired in Marlboro County CPS case - concerning Edna Hunt
by Tonya Brown
NewsChannel 15 has learned two Marlboro County Department of Social Services employees were fired in connection with the child abuse case of Edna Hunt.
State DSS officials will only say they let the employees go after an evaluation of their work in the Hunt investigation and other cases they've handled.
Last week, we learned DSS was conducting a child protective services investigation prior to Hunt's death.
We have requested more information through the Freedom of Information Act to find out if the employees violated any procedures, according to state and federal policy, for child protective investigations.
In October, Hunt died following cardiac arrest in Bennettsville.
Hunt's mother and her mother's boyfriend are charged with homicide by child abuse.
Police say Hunt had bruises and burns all over her body.
Officers say a post mortem examination showed she had been abused for some time.
DSS officials say the Director of the Marlboro County DSS resigned shortly after the child's death, but they aren't saying if his resignation had anything to do with their internal investigation.
Marlboro County Coroner, Tim Brown, says he's expecting final autopsy results on Hunt to be in sometime this week.
He will release those results when they come in.
Source http://www.carolinalive.com/news/story.aspx?id=696491
NewsChannel 15 has learned two Marlboro County Department of Social Services employees were fired in connection with the child abuse case of Edna Hunt.
State DSS officials will only say they let the employees go after an evaluation of their work in the Hunt investigation and other cases they've handled.
Last week, we learned DSS was conducting a child protective services investigation prior to Hunt's death.
We have requested more information through the Freedom of Information Act to find out if the employees violated any procedures, according to state and federal policy, for child protective investigations.
In October, Hunt died following cardiac arrest in Bennettsville.
Hunt's mother and her mother's boyfriend are charged with homicide by child abuse.
Police say Hunt had bruises and burns all over her body.
Officers say a post mortem examination showed she had been abused for some time.
DSS officials say the Director of the Marlboro County DSS resigned shortly after the child's death, but they aren't saying if his resignation had anything to do with their internal investigation.
Marlboro County Coroner, Tim Brown, says he's expecting final autopsy results on Hunt to be in sometime this week.
He will release those results when they come in.
Source http://www.carolinalive.com/news/story.aspx?id=696491
Monday, December 5, 2011
Virginia Beach police officer arrested, charged with child sex abuse
Virginia Beach police say an officer has been charged with sex abuse against a child.
The investigation started on Friday when Child Protective Services received a report of the officer abusing the child.
He is now charged with one count of aggravated sexual battery and one count of custodial indecent liberties.
Deputies are holding him without bond in the Virginia Beach Correctional Center.
Chilldres has been on the force for 18 years and is currently assigned to the services division of the department.
Police suspended Chilldres without pay while the investigation unfolds.
Source http://www.wtkr.com/news/wtkr-vb-officer-arrested-sex-abuse-charges,0,74030.story
The investigation started on Friday when Child Protective Services received a report of the officer abusing the child.
He is now charged with one count of aggravated sexual battery and one count of custodial indecent liberties.
Deputies are holding him without bond in the Virginia Beach Correctional Center.
Chilldres has been on the force for 18 years and is currently assigned to the services division of the department.
Police suspended Chilldres without pay while the investigation unfolds.
Source http://www.wtkr.com/news/wtkr-vb-officer-arrested-sex-abuse-charges,0,74030.story
Sunday, November 27, 2011
Arizona CPS myths identified, cleared up by experts
by Mary K. Reinhart
Arizona’s child-welfare system has come under a microscope in recent months, with most of the attention focused on several high-profile deaths and how the state’s Child Protective Services might have prevented them.
State officials said at least six children, who had been the subject of one or more CPS reports, have died so far this year. Of the 70 children whose deaths officials attributed to maltreatment in 2010, 18 had prior CPS involvement.
As a gubernatorial task force on child safety works on recommendations, which will likely become legislation in the coming session, misconceptions and myths abound about the responsibilities and rules governing CPS and its workers.
“The myth is that there’s a simple solution to this problem,” said Karin Kline, who spent 26 years in a variety of CPS positions.
Another is that there are obvious red flags to show CPS workers which children should be removed, she said.
“That the kids who are killed have prior physical injuries and a prior report that a CPS worker somehow overlooked,” she said. “Often, it’s a kid sent to school dirty or hungry, or mom’s got drug problems.”
The Republic asked experts to help identify common myths surrounding child abuse and neglect. Among them:
CPS can force parents or caregivers into drug or mental-health treatment or to accept other services, such as parenting classes and child care.
In fact, state law limits the authority of CPS to require anything of parents or caregivers accused of abusing or neglecting their children. And the law requires the caseworker to inform the family of this right at the beginning of an investigation.
Once caseworkers remove children and place them in state custody, a judge can require the family to meet certain conditions in order for the state to return the children. Parents might be able to keep their children under an “in-home dependency,” which also involves a court order and requirements parents must meet to prevent the child’s placement into foster care.
But short of a court order, the law states that a CPS worker “has no legal authority to compel the family to cooperate with the investigation or to receive protective services offered.”
CPS will offer services to families accused or at risk of abuse or neglect, but participation is voluntary. Officials said families who agree to participate voluntarily are more likely to benefit than those forced to accept treatment or services as a condition for getting their children back.
Budget cuts over the past several years, however, have reduced the extent and the timeliness of voluntary services.
Confidentiality laws prevent CPS from talking publicly about cases.
In fact, Arizona has one of the least restrictive confidentiality laws in the country. State law allows the department to “confirm, clarify or correct” information about a case of child abuse or neglect that already has been made public.
That might include a situation where police investigating a missing or neglected child-release information about prior CPS involvement in the case. CPS could speak publicly about the case to correct misinformation or explain what caseworkers may have done to try to help the family.
The department rarely takes that opportunity, however, and some say that can make it appear that it’s got something to hide.
“They can talk until they’re blue in the face if they so choose,” said Richard Wexler, executive director of the National Coalition for Child Protection Reform. “If they don’t talk, they’re stonewalling.”
Kline sees it differently.
“The myth here is that CPS is not talking to cover for themselves,” said Kline, now with Arizona State University’s Center for Applied Behavioral Health Policy.
The agency does release basic information about child fatalities and near fatalities. One of the concerns about providing more information, however, is that it could endanger federal funding under a child-welfare law that has its own confidentiality requirements.
But Wexler said that’s just an excuse. Federal officials have never taken a nickel away from a state for a confidentiality breach, he said, and the move in recent years has been toward more openness, not less.
Most children are killed by their mother’s boyfriend.
In fact, mothers were the perpetrators in 34 out of 70 child maltreatment deaths in 2010, according to the Arizona Child Fatality Review Program, and fathers were responsible for 18 child deaths.
A mother’s partner was the culprit in six child deaths last year.
“It’s true that a boyfriend presents a risk factor to a young child,” Kline said. “But it is not true that they’re more likely to harm a child.”
The statistics reflect the fact that mothers are the primary caregivers. Sixteen of the child-abuse and neglect deaths in 2010 were because of prematurity or other medical causes, such as a mother failing to seek medical care for a child or a baby born prematurely because of prenatal drug exposure.
Child abuse and neglect is spread equally across all socio-economic levels.
In fact, the most recent federal study shows that children in families earning below $15,000 a year are more than five times as likely to be considered maltreated compared with other children.
Researchers aren’t clear whether that’s because of the stress of poverty, or if greater scrutiny by state agencies results in more abuse and neglect reports. Most of these families receive some kind of public benefit, such as food stamps or subsidized housing.
“The more challenges that a family experiences and the more stress a family experiences, the more likely children’s needs aren’t going to be met, and they’re gonna be abused” or neglected, Kline said, adding that the vast majority of low-income families don’t abuse or neglect their children.
Other factors that can put children at risk include lack of child care and health care, and the lack of support from extended family. Some argue that case managers sometimes confuse poverty with neglect, and they remove children instead of offering help that would keep families together.
“The biggest connection between poverty and neglect is the confusion of poverty with neglect,” Wexler said. “Either way, your best solution is to target the poverty.”
Source http://tucsoncitizen.com/arizona-news/2011/11/27/arizona-cps-myths-identified-cleared-up-by-experts/
Arizona’s child-welfare system has come under a microscope in recent months, with most of the attention focused on several high-profile deaths and how the state’s Child Protective Services might have prevented them.
State officials said at least six children, who had been the subject of one or more CPS reports, have died so far this year. Of the 70 children whose deaths officials attributed to maltreatment in 2010, 18 had prior CPS involvement.
As a gubernatorial task force on child safety works on recommendations, which will likely become legislation in the coming session, misconceptions and myths abound about the responsibilities and rules governing CPS and its workers.
“The myth is that there’s a simple solution to this problem,” said Karin Kline, who spent 26 years in a variety of CPS positions.
Another is that there are obvious red flags to show CPS workers which children should be removed, she said.
“That the kids who are killed have prior physical injuries and a prior report that a CPS worker somehow overlooked,” she said. “Often, it’s a kid sent to school dirty or hungry, or mom’s got drug problems.”
The Republic asked experts to help identify common myths surrounding child abuse and neglect. Among them:
CPS can force parents or caregivers into drug or mental-health treatment or to accept other services, such as parenting classes and child care.
In fact, state law limits the authority of CPS to require anything of parents or caregivers accused of abusing or neglecting their children. And the law requires the caseworker to inform the family of this right at the beginning of an investigation.
Once caseworkers remove children and place them in state custody, a judge can require the family to meet certain conditions in order for the state to return the children. Parents might be able to keep their children under an “in-home dependency,” which also involves a court order and requirements parents must meet to prevent the child’s placement into foster care.
But short of a court order, the law states that a CPS worker “has no legal authority to compel the family to cooperate with the investigation or to receive protective services offered.”
CPS will offer services to families accused or at risk of abuse or neglect, but participation is voluntary. Officials said families who agree to participate voluntarily are more likely to benefit than those forced to accept treatment or services as a condition for getting their children back.
Budget cuts over the past several years, however, have reduced the extent and the timeliness of voluntary services.
Confidentiality laws prevent CPS from talking publicly about cases.
In fact, Arizona has one of the least restrictive confidentiality laws in the country. State law allows the department to “confirm, clarify or correct” information about a case of child abuse or neglect that already has been made public.
That might include a situation where police investigating a missing or neglected child-release information about prior CPS involvement in the case. CPS could speak publicly about the case to correct misinformation or explain what caseworkers may have done to try to help the family.
The department rarely takes that opportunity, however, and some say that can make it appear that it’s got something to hide.
“They can talk until they’re blue in the face if they so choose,” said Richard Wexler, executive director of the National Coalition for Child Protection Reform. “If they don’t talk, they’re stonewalling.”
Kline sees it differently.
“The myth here is that CPS is not talking to cover for themselves,” said Kline, now with Arizona State University’s Center for Applied Behavioral Health Policy.
The agency does release basic information about child fatalities and near fatalities. One of the concerns about providing more information, however, is that it could endanger federal funding under a child-welfare law that has its own confidentiality requirements.
But Wexler said that’s just an excuse. Federal officials have never taken a nickel away from a state for a confidentiality breach, he said, and the move in recent years has been toward more openness, not less.
Most children are killed by their mother’s boyfriend.
In fact, mothers were the perpetrators in 34 out of 70 child maltreatment deaths in 2010, according to the Arizona Child Fatality Review Program, and fathers were responsible for 18 child deaths.
A mother’s partner was the culprit in six child deaths last year.
“It’s true that a boyfriend presents a risk factor to a young child,” Kline said. “But it is not true that they’re more likely to harm a child.”
The statistics reflect the fact that mothers are the primary caregivers. Sixteen of the child-abuse and neglect deaths in 2010 were because of prematurity or other medical causes, such as a mother failing to seek medical care for a child or a baby born prematurely because of prenatal drug exposure.
Child abuse and neglect is spread equally across all socio-economic levels.
In fact, the most recent federal study shows that children in families earning below $15,000 a year are more than five times as likely to be considered maltreated compared with other children.
Researchers aren’t clear whether that’s because of the stress of poverty, or if greater scrutiny by state agencies results in more abuse and neglect reports. Most of these families receive some kind of public benefit, such as food stamps or subsidized housing.
“The more challenges that a family experiences and the more stress a family experiences, the more likely children’s needs aren’t going to be met, and they’re gonna be abused” or neglected, Kline said, adding that the vast majority of low-income families don’t abuse or neglect their children.
Other factors that can put children at risk include lack of child care and health care, and the lack of support from extended family. Some argue that case managers sometimes confuse poverty with neglect, and they remove children instead of offering help that would keep families together.
“The biggest connection between poverty and neglect is the confusion of poverty with neglect,” Wexler said. “Either way, your best solution is to target the poverty.”
Source http://tucsoncitizen.com/arizona-news/2011/11/27/arizona-cps-myths-identified-cleared-up-by-experts/
Friday, November 18, 2011
Quinn took 4 months to remove child-welfare chief - Illinois
SPRINGFIELD | Gov. Pat Quinn took four months to remove his director of child welfare after being told state inspectors believed the man had turned a blind eye while a friend ripped off state government, and Quinn kept quiet about problems at the agency even after conducting his own review.
Quinn aides said the governor acted as quickly as possible to determine the truth and then make changes without causing major disruptions at the Department of Children and Family Services. They say state ethics laws barred him from revealing that inspectors were investigating then-Director Erwin McEwen, information that didn't become public until three weeks ago.
The Democratic governor has a long history of calling for more government openness and accountability, first as an outside activist and then as state treasurer and lieutenant governor. Legislators are questioning how he handled the McEwen case, and why it took him so long to remove McEwen.
Two Illinois House committees plan a joint hearing, said Rep. Greg Harris, a Chicago Democrat and chairman of the House Human Services Committee.
"There are questions we would like to ask about the decision-making," Harris said Tuesday. "This merits a full discussion."
Rep. Jack Franks, chairman of the State Government Administration Committee, said he was troubled that Quinn did not remove McEwen far more quickly, particularly when the report said McEwen was no longer cooperating with investigators as required by law.
"The first day an employee of mine stopped cooperating would be his last day on the job," Franks said.
McEwen was accused of creating an atmosphere of lax oversight that allowed a friend to take millions of dollars from the state for shoddy or non-existent work. Inspectors recommended legal action against McEwen's friend, George Smith.
Quinn's office got the inspectors' preliminary report on May 25, aides said, and the governor ordered a review that was completed by Aug. 1. McEwen's resignation was announced nearly a month later, and he left the agency in late September.
His departure was portrayed as routine. Quinn said nothing about McEwen's mismanagement or Smith's potential fraud. That came to light when the inspector general's official report was released on Oct. 17.
Spokeswoman Brooke Anderson denied any contradiction between Quinn's calls for openness and his silence when removing McEwen. She said state law barred Quinn from disclosing anything about the inspectors' work, even his own internal review or what convinced him that McEwen had to go.
She said Quinn is satisfied with those restrictions on what he can reveal about his own administration.
"The current law strikes a fair balance between due process and transparency," Anderson said in an email.
The law cited by Quinn's office is part of the act setting up an ethics commission and detailing the duties of inspectors. The section on what information the commission can release says "all investigatory files and reports of the Office of an Executive Inspector General ... are confidential."
Quinn's position got some support Tuesday from author and attorney Scott Turow, the former chairman of the state's Executive Ethics Commission.
"As a matter of policy, I think the governor is probably doing the right thing in not releasing details until the disclosure procedure at the EEC has been complied with," Turow said in an email.
But other government watchdogs questioned Quinn's claim that a governor is legally barred from telling the public why he has removed an agency director.
"Once there's a termination, that cause should be public," said Brian Gladstein, executive director of the Illinois Campaign for Political Reform.
McEwen did not return messages left at his home.
State inspectors report Smith billed several government agencies for work done by non-existent employees, submitted fake papers, forged people's signatures, turned in fraudulent expense accounts and falsely claimed he was a psychiatrist. They also found he administered psychotropic drugs to children without permission and without determining the proper dosages.
The report said Smith and his various organizations collected $18 million in state grants from 2008 through 2011. Smith often rebuffed questions from employees at the Department of Children and Family Services by saying he only answered to the director.
"Director McEwen created a situation that was ripe for a vendor such as Dr. Smith to enrich himself and inflate costs by billing for 'ghost' positions and billing various agencies for the same services," said the report, a result of an investigation by the DCFS inspector and the state's executive inspector general.
It's not clear whether any law enforcement agency is considering charges against Smith. The governor's spokeswoman wouldn't say whether Quinn thinks charges are warranted.
"That is for the proper authorities to determine," Anderson said.
Source http://www.nwitimes.com/news/state-and-regional/illinois/quinn-took-months-to-remove-child-welfare-chief/article_66adbf3b-5965-52f2-b4ce-7035e17a6040.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+StatelineorgRss-Illinois+(Stateline.org+RSS+-+Illinois)
Quinn aides said the governor acted as quickly as possible to determine the truth and then make changes without causing major disruptions at the Department of Children and Family Services. They say state ethics laws barred him from revealing that inspectors were investigating then-Director Erwin McEwen, information that didn't become public until three weeks ago.
The Democratic governor has a long history of calling for more government openness and accountability, first as an outside activist and then as state treasurer and lieutenant governor. Legislators are questioning how he handled the McEwen case, and why it took him so long to remove McEwen.
Two Illinois House committees plan a joint hearing, said Rep. Greg Harris, a Chicago Democrat and chairman of the House Human Services Committee.
"There are questions we would like to ask about the decision-making," Harris said Tuesday. "This merits a full discussion."
Rep. Jack Franks, chairman of the State Government Administration Committee, said he was troubled that Quinn did not remove McEwen far more quickly, particularly when the report said McEwen was no longer cooperating with investigators as required by law.
"The first day an employee of mine stopped cooperating would be his last day on the job," Franks said.
McEwen was accused of creating an atmosphere of lax oversight that allowed a friend to take millions of dollars from the state for shoddy or non-existent work. Inspectors recommended legal action against McEwen's friend, George Smith.
Quinn's office got the inspectors' preliminary report on May 25, aides said, and the governor ordered a review that was completed by Aug. 1. McEwen's resignation was announced nearly a month later, and he left the agency in late September.
His departure was portrayed as routine. Quinn said nothing about McEwen's mismanagement or Smith's potential fraud. That came to light when the inspector general's official report was released on Oct. 17.
Spokeswoman Brooke Anderson denied any contradiction between Quinn's calls for openness and his silence when removing McEwen. She said state law barred Quinn from disclosing anything about the inspectors' work, even his own internal review or what convinced him that McEwen had to go.
She said Quinn is satisfied with those restrictions on what he can reveal about his own administration.
"The current law strikes a fair balance between due process and transparency," Anderson said in an email.
The law cited by Quinn's office is part of the act setting up an ethics commission and detailing the duties of inspectors. The section on what information the commission can release says "all investigatory files and reports of the Office of an Executive Inspector General ... are confidential."
Quinn's position got some support Tuesday from author and attorney Scott Turow, the former chairman of the state's Executive Ethics Commission.
"As a matter of policy, I think the governor is probably doing the right thing in not releasing details until the disclosure procedure at the EEC has been complied with," Turow said in an email.
But other government watchdogs questioned Quinn's claim that a governor is legally barred from telling the public why he has removed an agency director.
"Once there's a termination, that cause should be public," said Brian Gladstein, executive director of the Illinois Campaign for Political Reform.
McEwen did not return messages left at his home.
State inspectors report Smith billed several government agencies for work done by non-existent employees, submitted fake papers, forged people's signatures, turned in fraudulent expense accounts and falsely claimed he was a psychiatrist. They also found he administered psychotropic drugs to children without permission and without determining the proper dosages.
The report said Smith and his various organizations collected $18 million in state grants from 2008 through 2011. Smith often rebuffed questions from employees at the Department of Children and Family Services by saying he only answered to the director.
"Director McEwen created a situation that was ripe for a vendor such as Dr. Smith to enrich himself and inflate costs by billing for 'ghost' positions and billing various agencies for the same services," said the report, a result of an investigation by the DCFS inspector and the state's executive inspector general.
It's not clear whether any law enforcement agency is considering charges against Smith. The governor's spokeswoman wouldn't say whether Quinn thinks charges are warranted.
"That is for the proper authorities to determine," Anderson said.
Source http://www.nwitimes.com/news/state-and-regional/illinois/quinn-took-months-to-remove-child-welfare-chief/article_66adbf3b-5965-52f2-b4ce-7035e17a6040.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+StatelineorgRss-Illinois+(Stateline.org+RSS+-+Illinois)
FBI Investigates Lackawanna Family Court - Pa.
Blogger Note:
While this story talks about situations that appear to do with divorce custody cases but we posted it because we would think that the same would hold true in other forms of child welfare cases.
Dave Bohman
Action 16 Investigative Reporter
We know more about why Federal Officials are investigating a program in the Lackawanna County Family Court system.
In September, and again this week, FBI agents confiscated records from Family Court.
Newswatch 16 has learned the Guardian ad Litem is a court appointed lawyer who represents a child while its mother and father try to settle custody cases.
One or both parents are required to pay the fees for the Guardian at Litem's services. Sources tell us Federal agents are looking to see if parents were cheated, and if the fees were pocketed.
A woman who does not want to be identified because she`s testified to law enforcement agents claims she was cheated out of thousands during supervised visits with her young son.
"It broke me," she said. "Paying that amount of money. It broke me."
Her ex has custody of her son.
Lackawanna County records showed that she was supposed to pay $20 an hour for a caseworker to supervise her weekly visits.
Instead, she said she was charged $65 an hour.
"One hour, and the hour would go by so quick," the woman recounted of her visits. "Here`s my money. I see my son for the hour. Goodbye."
She also said the caseworker insisted on taking cash and refused to write receipts.
"I didn`t get any receipts no," the woman said. "I tried very hard. She said the County knows how much you`re paying."
Sources tell Newswatch 16 several non-custodial parents are complaining that they`ve been overcharged for supervised visits and not given receipts. And a recent federal subpoena of the Guardian ad Litem`s office appears to be getting some answers.
Court papers show a Federal Grand Jury directed the Lackawanna County Courts to give investigators every case supervised by Attorney Danielle Ross. She runs the Lackawanna County Guardian ad Litem program, and assigns caseworkers for supervised visits.
This woman said Ross was the guardian ad litem for her son. The woman claims she was overcharged between $1500 and $2000 in the last two-and-a-half years.
"You don`t want to give up," she tells us. "So just keep fighting, because it`s just not fair for people to get away with lies and deceitfulness. And then they work for the County? It`s unexplainable."
We tried to contact Guardian ad Litem Administrator Danielle Ross. Her secretary said Ross was busy with clients when we visited, and Ross did not return our phone calls.
There have been no criminal charges filed in the case.
Meantime, the woman you heard from is now paying just $20 and not $65 dollars an hour for visitation, after telling her story to law enforcement.
Source http://www.wnep.com/wnep-fbi-investigates-lackawanna-family-court-20111117,0,3181517.story
While this story talks about situations that appear to do with divorce custody cases but we posted it because we would think that the same would hold true in other forms of child welfare cases.
Dave Bohman
Action 16 Investigative Reporter
We know more about why Federal Officials are investigating a program in the Lackawanna County Family Court system.
In September, and again this week, FBI agents confiscated records from Family Court.
Newswatch 16 has learned the Guardian ad Litem is a court appointed lawyer who represents a child while its mother and father try to settle custody cases.
One or both parents are required to pay the fees for the Guardian at Litem's services. Sources tell us Federal agents are looking to see if parents were cheated, and if the fees were pocketed.
A woman who does not want to be identified because she`s testified to law enforcement agents claims she was cheated out of thousands during supervised visits with her young son.
"It broke me," she said. "Paying that amount of money. It broke me."
Her ex has custody of her son.
Lackawanna County records showed that she was supposed to pay $20 an hour for a caseworker to supervise her weekly visits.
Instead, she said she was charged $65 an hour.
"One hour, and the hour would go by so quick," the woman recounted of her visits. "Here`s my money. I see my son for the hour. Goodbye."
She also said the caseworker insisted on taking cash and refused to write receipts.
"I didn`t get any receipts no," the woman said. "I tried very hard. She said the County knows how much you`re paying."
Sources tell Newswatch 16 several non-custodial parents are complaining that they`ve been overcharged for supervised visits and not given receipts. And a recent federal subpoena of the Guardian ad Litem`s office appears to be getting some answers.
Court papers show a Federal Grand Jury directed the Lackawanna County Courts to give investigators every case supervised by Attorney Danielle Ross. She runs the Lackawanna County Guardian ad Litem program, and assigns caseworkers for supervised visits.
This woman said Ross was the guardian ad litem for her son. The woman claims she was overcharged between $1500 and $2000 in the last two-and-a-half years.
"You don`t want to give up," she tells us. "So just keep fighting, because it`s just not fair for people to get away with lies and deceitfulness. And then they work for the County? It`s unexplainable."
We tried to contact Guardian ad Litem Administrator Danielle Ross. Her secretary said Ross was busy with clients when we visited, and Ross did not return our phone calls.
There have been no criminal charges filed in the case.
Meantime, the woman you heard from is now paying just $20 and not $65 dollars an hour for visitation, after telling her story to law enforcement.
Source http://www.wnep.com/wnep-fbi-investigates-lackawanna-family-court-20111117,0,3181517.story
Monday, November 14, 2011
Elected Officials Involved In Coverup Penn State Alleged Sexual Abuse Of Young Boys?
Information in this TMZ video suggests that more than university officials may have been involved the coverup at Penn State. It runs until about 21 minutes before it goes off onto another topic.
Friday, November 11, 2011
Police: Fugitive who sexually abused foster children arrested
Blog authros note:
What is with these fosters who are so vile? Why didn't someone at CPS or whoever licensed them do a thorough check on these people? They couldn't have really checked into these people because this seems like something too weird to have just started when this man was 40. It makes us sick to think that CPS's failures are why so many children suffer such horrendous abuse simply due to CPS negligence.
-----
by Naxiely Lopez
McALLEN — A combined effort by federal, state and local law enforcement agencies led to the arrest of a man wanted in connection with the sexual assault of three children who were under his care for more than a year.
Investigators believe Jose Luis Cazares, 40, abused three foster children — all under the age of 10 — while they lived with him and his wife, Belinda, from January 2008 to April 2009, court documents showed. The children were placed in foster care because their mother was deported to Honduras.
Police learned about the alleged abuse only after a second foster family took the children in.
A woman who claimed to be the victims’ half-sister went to police in May and told them the children had made an outcry, records showed. Police did not reveal the woman’s identity.
Investigators took the victims to the Children’s Advocacy Center in Edinburg in June, where they were interviewed separately by professionals. There, the children detailed their lives with the Cazares.
One girl told staff at the center Cazares would take her to his room, where he would sexually assault her or use sex toys to do so, records showed.
The girl told police she pleaded with Cazares to stop, but he wouldn’t.
If she told, he would slap her in the mouth, the child said.
The abuse happened “every day in a while after school,” a probable cause affidavit quotes her saying.
A second girl told staff Cazares would buy something for them if they engaged in sex with him and his wife.
That child detailed an incident during Halloween in which he took her costume off and assaulted her.
A third victim, a boy, did not make an outcry, police said. But his sisters told staff they saw Cazares sexually abusing him.
The children began showing signs of abuse shortly after the second foster family began caring for them in April 2009, the half-sister told police.
The family reached out to Child Protective Services at the time to alert them about the assault, but the family was never contacted by anyone, records showed. They reached out again in 2010 to the children’s physician, but again no one followed up.
By the time police were involved, Cazares and his wife had already relocated.
That’s when the Gulf Coast Violent Offenders Fugitive Task Force got involved. The team comprises officers from various law enforcement agencies, including U.S. Marshals Service; U.S. Immigration and Customs Enforcement; Texas Department of Criminal Justice; U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; Hidalgo and Starr County sheriff’s offices; and police departments in McAllen, Mission, San Juan and Weslaco.
Officers tracked Cazares down in Prairie Gillette, Wyo., using documentation from Child Protective Services, police said. Investigators contacted the Gillette police and they assisted in questioning the pair.
Both denied the allegations, investigators said.
Gillette police also assisted in interviewing a fourth female minor who was living with them in Wyoming, police said.
The girl apparently had a child at a young age, which sparked investigators’ interest.
The fourth victim initially told police her baby’s father was a boy at school, but she eventually admitted Cazares raped her when she was living with him in McAllen, police said.
That girl told police she was at home taking care of the three foster children when Cazares ordered them to their rooms and raped her on the couch by holding her down.
On Tuesday, investigators received information that Cazares was once again in the area and was working at Hayashi Hibachi, records showed. Police arrested him there about 4:45 p.m.
Investigators continued working on filing charges against Cazares’ wife, Belinda.
A McAllen Municipal judge charged Jose Luis Cazares with two counts of aggravated sexual assault of a child — a first-degree felony — sexual assault and prohibited sexual conduct, both second-degree felonies. His bond was set at $550,000.
If convicted, he could face up to life imprisonment and a fine of up to $10,000.
Source http://www.themonitor.com/news/fugitive-56493-mcallen-abused.html
What is with these fosters who are so vile? Why didn't someone at CPS or whoever licensed them do a thorough check on these people? They couldn't have really checked into these people because this seems like something too weird to have just started when this man was 40. It makes us sick to think that CPS's failures are why so many children suffer such horrendous abuse simply due to CPS negligence.
-----
by Naxiely Lopez
McALLEN — A combined effort by federal, state and local law enforcement agencies led to the arrest of a man wanted in connection with the sexual assault of three children who were under his care for more than a year.
Investigators believe Jose Luis Cazares, 40, abused three foster children — all under the age of 10 — while they lived with him and his wife, Belinda, from January 2008 to April 2009, court documents showed. The children were placed in foster care because their mother was deported to Honduras.
Police learned about the alleged abuse only after a second foster family took the children in.
A woman who claimed to be the victims’ half-sister went to police in May and told them the children had made an outcry, records showed. Police did not reveal the woman’s identity.
Investigators took the victims to the Children’s Advocacy Center in Edinburg in June, where they were interviewed separately by professionals. There, the children detailed their lives with the Cazares.
One girl told staff at the center Cazares would take her to his room, where he would sexually assault her or use sex toys to do so, records showed.
The girl told police she pleaded with Cazares to stop, but he wouldn’t.
If she told, he would slap her in the mouth, the child said.
The abuse happened “every day in a while after school,” a probable cause affidavit quotes her saying.
A second girl told staff Cazares would buy something for them if they engaged in sex with him and his wife.
That child detailed an incident during Halloween in which he took her costume off and assaulted her.
A third victim, a boy, did not make an outcry, police said. But his sisters told staff they saw Cazares sexually abusing him.
The children began showing signs of abuse shortly after the second foster family began caring for them in April 2009, the half-sister told police.
The family reached out to Child Protective Services at the time to alert them about the assault, but the family was never contacted by anyone, records showed. They reached out again in 2010 to the children’s physician, but again no one followed up.
By the time police were involved, Cazares and his wife had already relocated.
That’s when the Gulf Coast Violent Offenders Fugitive Task Force got involved. The team comprises officers from various law enforcement agencies, including U.S. Marshals Service; U.S. Immigration and Customs Enforcement; Texas Department of Criminal Justice; U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; Hidalgo and Starr County sheriff’s offices; and police departments in McAllen, Mission, San Juan and Weslaco.
Officers tracked Cazares down in Prairie Gillette, Wyo., using documentation from Child Protective Services, police said. Investigators contacted the Gillette police and they assisted in questioning the pair.
Both denied the allegations, investigators said.
Gillette police also assisted in interviewing a fourth female minor who was living with them in Wyoming, police said.
The girl apparently had a child at a young age, which sparked investigators’ interest.
The fourth victim initially told police her baby’s father was a boy at school, but she eventually admitted Cazares raped her when she was living with him in McAllen, police said.
That girl told police she was at home taking care of the three foster children when Cazares ordered them to their rooms and raped her on the couch by holding her down.
On Tuesday, investigators received information that Cazares was once again in the area and was working at Hayashi Hibachi, records showed. Police arrested him there about 4:45 p.m.
Investigators continued working on filing charges against Cazares’ wife, Belinda.
A McAllen Municipal judge charged Jose Luis Cazares with two counts of aggravated sexual assault of a child — a first-degree felony — sexual assault and prohibited sexual conduct, both second-degree felonies. His bond was set at $550,000.
If convicted, he could face up to life imprisonment and a fine of up to $10,000.
Source http://www.themonitor.com/news/fugitive-56493-mcallen-abused.html
Investigation of Sandusky in 1998 Raises Questions
By NATE SCHWEBER
In 1998, the Penn State campus police and local law enforcement authorities investigated an allegation that Jerry Sandusky, then a prominent coach with the university’s football team, had engaged in inappropriate and perhaps sexual conduct with a boy in the football facility’s showers.
A lengthy police report was generated, state prosecutors said. The boy was interviewed. A second potential victim was identified. Child welfare authorities were brought in. Sandusky confessed to showering with one or both of the children. The local district attorney was given material to consider prosecution.
In the end, no prosecution was undertaken. The child welfare agency did not take action. And, according to prosecutors, the commander of the university’s campus police force told his detective, Ronald Schreffler, to close the case.
“Sandusky admitted showering naked with Victim 6, admitted to hugging Victim 6 while in the shower and admitted that it was wrong,” said the report issued last weekend by the Pennsylvania attorney general. “Detective Schreffler advised Sandusky not to shower with any child again and Sandusky said that he would not.”
Questions about that investigation abound: Who was interviewed? Who received the report? If the case was shut down, was Sandusky sanctioned in some way?
The New York Times has reached three of the principals involved in the investigation: the two men identified by prosecutors as the police officers who worked on the case, Schreffler and Ralph Ralston, and the investigator with the state welfare department, Gerald Lauro, who was charged with determining if a child had been harmed.
Schreffler — who appears to have been the lead detective, and who interviewed Sandusky — refused to comment when reached at his home in Bellefonte, Pa. He has retired from the campus police force and works at least part time for a security firm in Baltimore, according to his former wife.
“I’ve got nothing to say,” Schreffler said Tuesday night.
Schreffler’s current wife, Laurel, reached Wednesday, said, “I’m sorry, I’m not allowed to talk.”
In an interview this week, Ralston, who said he worked for the local State College police force, insisted he played only a peripheral role in the investigation. He said his role was merely to make sure that campus police had access to the boy, who Ralston said lived in his jurisdiction.
“I can’t even remember anything about it,” Ralston said.
He said he never followed up with campus police or child welfare authorities to find out the conclusion of their investigations.
“I didn’t think any more of it until I read the report over the weekend,” he said of the attorney general’s charges against Sandusky and other university officials. “There was stuff in there I never heard before.”
Lauro, the investigator for the state welfare department in 1998, said he was aware during the investigation that Sandusky was a prominent local figure, but that it did not affect his work.
“Was he a high-profile person?” Lauro asked. “I’d have to be stupid to tell you no. Everybody knew him.”
At the time of his investigation, Lauro said, all the child said was that Sandusky showered with him, and it made him uncomfortable. Lauro said he didn’t feel that was enough to substantiate a sexual-abuse complaint.
Lauro suggested that the child, now grown, had told the grand jury convened by the attorney general a much more explicit account.
Lauro said he has felt worse and worse as the scandal has unfolded, particularly when he read quotations in a newspaper from a victim’s mother blaming him and other officials for not doing more to stop Sandusky.
“I feel bad that there was not more information so I could have done something,” he said. “I feel bad that the mom thinks I should’ve done more. I just didn’t have all the information back then.”
In 1998, though, Lauro said his judgment was that the allegation fell under the category of what he termed “boundary issues,” not sexual assault.
“It was definitely boundary issues, and I worked with boundary issues a lot,” Lauro said. “But if I believed it was more than boundary issues, I would’ve gone to the mat.”
Lauro said he met Schreffler, the campus detective, twice during the investigation. Lauro said he was surprised to learn that the detective would not talk about the investigation of 1998.
“Wow,” he said. “That’s really saying something.”
A version of this article appeared in print on November 10, 2011, on page B16 of the New York edition with the headline: Investigation of Sandusky in 1998 Raises Questions.
Source http://www.nytimes.com/2011/11/10/sports/ncaafootball/aftermath-of-1998-sandusky-investigation-raises-additional-questions.html?_r=1
In 1998, the Penn State campus police and local law enforcement authorities investigated an allegation that Jerry Sandusky, then a prominent coach with the university’s football team, had engaged in inappropriate and perhaps sexual conduct with a boy in the football facility’s showers.
A lengthy police report was generated, state prosecutors said. The boy was interviewed. A second potential victim was identified. Child welfare authorities were brought in. Sandusky confessed to showering with one or both of the children. The local district attorney was given material to consider prosecution.
In the end, no prosecution was undertaken. The child welfare agency did not take action. And, according to prosecutors, the commander of the university’s campus police force told his detective, Ronald Schreffler, to close the case.
“Sandusky admitted showering naked with Victim 6, admitted to hugging Victim 6 while in the shower and admitted that it was wrong,” said the report issued last weekend by the Pennsylvania attorney general. “Detective Schreffler advised Sandusky not to shower with any child again and Sandusky said that he would not.”
Questions about that investigation abound: Who was interviewed? Who received the report? If the case was shut down, was Sandusky sanctioned in some way?
The New York Times has reached three of the principals involved in the investigation: the two men identified by prosecutors as the police officers who worked on the case, Schreffler and Ralph Ralston, and the investigator with the state welfare department, Gerald Lauro, who was charged with determining if a child had been harmed.
Schreffler — who appears to have been the lead detective, and who interviewed Sandusky — refused to comment when reached at his home in Bellefonte, Pa. He has retired from the campus police force and works at least part time for a security firm in Baltimore, according to his former wife.
“I’ve got nothing to say,” Schreffler said Tuesday night.
Schreffler’s current wife, Laurel, reached Wednesday, said, “I’m sorry, I’m not allowed to talk.”
In an interview this week, Ralston, who said he worked for the local State College police force, insisted he played only a peripheral role in the investigation. He said his role was merely to make sure that campus police had access to the boy, who Ralston said lived in his jurisdiction.
“I can’t even remember anything about it,” Ralston said.
He said he never followed up with campus police or child welfare authorities to find out the conclusion of their investigations.
“I didn’t think any more of it until I read the report over the weekend,” he said of the attorney general’s charges against Sandusky and other university officials. “There was stuff in there I never heard before.”
Lauro, the investigator for the state welfare department in 1998, said he was aware during the investigation that Sandusky was a prominent local figure, but that it did not affect his work.
“Was he a high-profile person?” Lauro asked. “I’d have to be stupid to tell you no. Everybody knew him.”
At the time of his investigation, Lauro said, all the child said was that Sandusky showered with him, and it made him uncomfortable. Lauro said he didn’t feel that was enough to substantiate a sexual-abuse complaint.
Lauro suggested that the child, now grown, had told the grand jury convened by the attorney general a much more explicit account.
Lauro said he has felt worse and worse as the scandal has unfolded, particularly when he read quotations in a newspaper from a victim’s mother blaming him and other officials for not doing more to stop Sandusky.
“I feel bad that there was not more information so I could have done something,” he said. “I feel bad that the mom thinks I should’ve done more. I just didn’t have all the information back then.”
In 1998, though, Lauro said his judgment was that the allegation fell under the category of what he termed “boundary issues,” not sexual assault.
“It was definitely boundary issues, and I worked with boundary issues a lot,” Lauro said. “But if I believed it was more than boundary issues, I would’ve gone to the mat.”
Lauro said he met Schreffler, the campus detective, twice during the investigation. Lauro said he was surprised to learn that the detective would not talk about the investigation of 1998.
“Wow,” he said. “That’s really saying something.”
A version of this article appeared in print on November 10, 2011, on page B16 of the New York edition with the headline: Investigation of Sandusky in 1998 Raises Questions.
Source http://www.nytimes.com/2011/11/10/sports/ncaafootball/aftermath-of-1998-sandusky-investigation-raises-additional-questions.html?_r=1
Saturday, November 5, 2011
Police: Foster parents allegedly hurt other child
By BRIAN WALKER
The Post Falls foster parents arrested on Thursday in connection with the death of a 2-year-old girl they cared for nearly three years ago bonded out of the Kootenai County jail on Friday after their first appearance in court.
Jeremy Clark, 36, and his wife, Amber Clark, 28, were arrested after a grand jury assigned to the case came back with an indictment in the Karina Moore case on Wednesday night.
Both were being held in jail on $25,000 combined bonds on two counts of felony injury to a child, one count of concealing evidence and one count of perjury. The bond amount stayed the same during the first appearance before the couple bonded out of jail late Friday afternoon, according to jail staff.
During their court appearance earlier in the day, Amber sobbed while Jeremy showed little emotion. Several supporters of the Clarks attended their appearance.
The Clarks, represented by the county Public Defender's Office, declined to be interviewed on Friday, per their attorneys. Their attorneys could not be reached for comment.
The arraignment in district court is expected on Thursday. The case is expected to go to trial.
"When I became chief, bringing this to a conclusion was one of my top priorities," Post Falls Police Chief Scot Haug said. "My feeling was that somebody needed to be a voice for Karina. This was a very complex case that took interviewing dozens of medical experts, witnesses and reviewing digital and physical evidence.
"We wanted to make sure we had a good solid case (before making the arrests). We've always had a detective, sometimes two, assigned to the case for the past three years."
Haug and Kootenai County Prosecutor Barry McHugh declined to comment on details surrounding the charges or evidence.
"I can't talk about evidence," Haug said. "That will come out in court."
McHugh added: "They deserve a fair trial."
Haug said another child under the Clarks' care - a boy who was 4 at the time - was allegedly injured in the home between 2007 and 2008.
"The (injury to child) charges indicate physical harm done to the children, but I can't get into the specifics," Haug said.
The Clarks were registered foster parents for two years and had several children in their care, but haven't been registered with the state since the Moore case. They also have kids of their own.
Haug said he believes the Clarks were aware of the ongoing investigation during the past three years. A search warrant was recently served at their home.
Jeremy was arrested without incident at his house, while Amber was arrested at her Hayden workplace.
Haug said the Clarks were not cooperative with police during the investigation, but declined to specify.
The grand jury met on the case from Monday through Wednesday. Haug said it's rare that cases go to a grand jury, which speaks to the complexity of the Moore case. He said police supported McHugh's decision to have a grand jury consider the charges.
Karina's biological mother, Samantha Moore, couldn't be reached for comment on Friday. She earlier said she doesn't believe her daughter's death was an accident.
Haug said Samantha was pleased with the outcome of the case when he spoke with her on Thursday.
The Clarks, who had been Karina's foster parents for more than a year, told police that Karina fell about 4 feet down a flight of carpeted stairs during the Jan. 6, 2009, incident. Amber Clark told police she was on the couch and recognized that the child might fall, but the child fell to the bottom of the stairs before she could help. She called the incident a tragic accident.
Haug wouldn't comment if investigators believe the account was made up.
Clark claimed she performed CPR until emergency responders arrived and flew her to Sacred Heart Medical Center in Spokane. Police said Karina was at the bottom of the stairs when they arrived.
Karina was brain dead and comatose afterward and died 10 days later.
The Spokane County Medical Examiner's Office ruled the case a homicide, citing "blunt force head injuries."
However, the examiner's report did not corroborate with the initial police investigation nor the opinions of multiple doctors police interviewed at Kootenai Medical Center and Sacred Heart Medical Center in Spokane, which determined the head and spleen injuries were consistent with an accidental fall.
John Howard, the medical examiner who performed the autopsy of Karina, said he could not comment on the evidence or factors that led him to the homicide determination.
Moore filed civil lawsuits against the Idaho Department of Health and Welfare in January this year in state and federal courts, claiming she reported abuse allegations against the Clarks to social workers twice, but her concerns weren't addressed.
The suit claims the IDHW "negligently and with reckless indifference failed to supervise the foster home ... which resulted in the death of Karina."
The suits have been stayed.
Karina and two of her siblings, a brother and sister, had been living with the Clarks. Moore has since regained custody of her two surviving children.
The Clarks hadn't been booked in the local jail before.
Staff writer David Cole contributed to this article.
Source http://www.cdapress.com/news/local_news/article_4599160c-4a3a-5254-9fa5-1876efb5147f.html
The Post Falls foster parents arrested on Thursday in connection with the death of a 2-year-old girl they cared for nearly three years ago bonded out of the Kootenai County jail on Friday after their first appearance in court.
Jeremy Clark, 36, and his wife, Amber Clark, 28, were arrested after a grand jury assigned to the case came back with an indictment in the Karina Moore case on Wednesday night.
Both were being held in jail on $25,000 combined bonds on two counts of felony injury to a child, one count of concealing evidence and one count of perjury. The bond amount stayed the same during the first appearance before the couple bonded out of jail late Friday afternoon, according to jail staff.
During their court appearance earlier in the day, Amber sobbed while Jeremy showed little emotion. Several supporters of the Clarks attended their appearance.
The Clarks, represented by the county Public Defender's Office, declined to be interviewed on Friday, per their attorneys. Their attorneys could not be reached for comment.
The arraignment in district court is expected on Thursday. The case is expected to go to trial.
"When I became chief, bringing this to a conclusion was one of my top priorities," Post Falls Police Chief Scot Haug said. "My feeling was that somebody needed to be a voice for Karina. This was a very complex case that took interviewing dozens of medical experts, witnesses and reviewing digital and physical evidence.
"We wanted to make sure we had a good solid case (before making the arrests). We've always had a detective, sometimes two, assigned to the case for the past three years."
Haug and Kootenai County Prosecutor Barry McHugh declined to comment on details surrounding the charges or evidence.
"I can't talk about evidence," Haug said. "That will come out in court."
McHugh added: "They deserve a fair trial."
Haug said another child under the Clarks' care - a boy who was 4 at the time - was allegedly injured in the home between 2007 and 2008.
"The (injury to child) charges indicate physical harm done to the children, but I can't get into the specifics," Haug said.
The Clarks were registered foster parents for two years and had several children in their care, but haven't been registered with the state since the Moore case. They also have kids of their own.
Haug said he believes the Clarks were aware of the ongoing investigation during the past three years. A search warrant was recently served at their home.
Jeremy was arrested without incident at his house, while Amber was arrested at her Hayden workplace.
Haug said the Clarks were not cooperative with police during the investigation, but declined to specify.
The grand jury met on the case from Monday through Wednesday. Haug said it's rare that cases go to a grand jury, which speaks to the complexity of the Moore case. He said police supported McHugh's decision to have a grand jury consider the charges.
Karina's biological mother, Samantha Moore, couldn't be reached for comment on Friday. She earlier said she doesn't believe her daughter's death was an accident.
Haug said Samantha was pleased with the outcome of the case when he spoke with her on Thursday.
The Clarks, who had been Karina's foster parents for more than a year, told police that Karina fell about 4 feet down a flight of carpeted stairs during the Jan. 6, 2009, incident. Amber Clark told police she was on the couch and recognized that the child might fall, but the child fell to the bottom of the stairs before she could help. She called the incident a tragic accident.
Haug wouldn't comment if investigators believe the account was made up.
Clark claimed she performed CPR until emergency responders arrived and flew her to Sacred Heart Medical Center in Spokane. Police said Karina was at the bottom of the stairs when they arrived.
Karina was brain dead and comatose afterward and died 10 days later.
The Spokane County Medical Examiner's Office ruled the case a homicide, citing "blunt force head injuries."
However, the examiner's report did not corroborate with the initial police investigation nor the opinions of multiple doctors police interviewed at Kootenai Medical Center and Sacred Heart Medical Center in Spokane, which determined the head and spleen injuries were consistent with an accidental fall.
John Howard, the medical examiner who performed the autopsy of Karina, said he could not comment on the evidence or factors that led him to the homicide determination.
Moore filed civil lawsuits against the Idaho Department of Health and Welfare in January this year in state and federal courts, claiming she reported abuse allegations against the Clarks to social workers twice, but her concerns weren't addressed.
The suit claims the IDHW "negligently and with reckless indifference failed to supervise the foster home ... which resulted in the death of Karina."
The suits have been stayed.
Karina and two of her siblings, a brother and sister, had been living with the Clarks. Moore has since regained custody of her two surviving children.
The Clarks hadn't been booked in the local jail before.
Staff writer David Cole contributed to this article.
Source http://www.cdapress.com/news/local_news/article_4599160c-4a3a-5254-9fa5-1876efb5147f.html
Saturday, October 29, 2011
Kentucky - Social worker says she falsified records
By Valarie Honeycutt Spears
A former Kentucky state social worker indicted by an Anderson County grand jury in August has told investigators that she falsified records in abuse and neglect cases, according to a court document recently filed.
Margaret "Geri" Murphy, who resigned in January, is charged with nine counts of tampering with public records in her role investigating allegations of child abuse and neglect for the Cabinet for Health and Family Services.
Details of nine cases, several involving child sexual abuse, were outlined in a document titled the Commonwealth's Bill of Particulars, filed in Anderson Circuit Court Oct. 18 by Attorney General Jack Conway's office.
The court document says that in one case, which ran from December 2007 through April 2008, Murphy investigated an allegation of sexual abuse of an infant by the infant's mother's boyfriend. In deeming the allegation "unsubstantiated," Murphy allegedly documented that a state police trooper told her that a hair found in the baby's pubic area was tested and found to be dog hair rather than a human hair.
But the officer told an investigator that he never told Murphy that the hair was dog hair, and that it had not been tested.
Two agencies, including police, filed complaints about Murphy's actions in the case, the court document said.
The mother later reunited with her boyfriend, and the case was reopened in October 2010 on the basis of new allegations of sexual abuse by the boyfriend, the document said.
"During that time, Murphy attempted to take part of an interview and examination of the child at an agency in Lexington, and the KSP trooper told Murphy to leave and has indicated he believes Murphy's actions contributed to the child being abused again," the court document said.
Murphy's attorney William Patrick said Friday that he could not comment on the case. But Patrick said a pre-trial conference was set for November. Murphy was issued a criminal summons in August and has pleaded not guilty.
In abuse and neglect cases, social workers make findings about the validity of allegations and document their work in a report titled a "continuous quality assessment."
In a case involving the alleged sexual abuse of an 11-year-old child by her father, Murphy admitted to falsifying the continuous quality assessment, the court document said. In that case, Murphy is accused of documenting that the suspect had been interviewed by state police. Murphy also is accused of documenting that the perpetrator denied the abuse and passed a polygraph.
However, police told an investigator that the suspect had never been interviewed or taken a polygraph.
Murphy "stated that this particular case 'bothered her' because she had falsified information. She admitted that she believed the child had been sexually abused, but still unsubstantiated and closed her case," the court document said.
In 2010, Murphy investigated a report of the sexual abuse of a 7-year-old child and deemed it "unsubstantiated." She had said that the child made inconsistent statements and that she had interviewed the suspect with police, and that the suspect denied the allegations and passed a polygraph test, according to a court document.
But police said they never interviewed the suspect and the suspect never took a polygraph, according to the court document.
The cabinet will not respond specifically to the cases in the bill of particulars, spokeswoman Jill Midkiff said.
"However, upon discovering that there were problems with the way in which Ms. Murphy conducted her investigations in these and other cases not involving falsifications, the Commissioner of the (Department of Community Based Services) had Ms. Murphy's cases reviewed to ensure that appropriate action was taken in accordance with the policies and procedures of the agency," Midkiff said.
Officials in Conway's office would not comment Friday. But in August, Conway said that his office began investigating after receiving a complaint from a resident whose family was in a court case to which Murphy had been assigned.
Tampering with public records is a Class D felony punishable by one to five years in prison and a fine of up to $10,000 on each count.
Here's a link to the court document:
http://media.kentucky.com/smedia/2011/10/28/23/45/155LTT.So.79.pdf
Source http://www.kentucky.com/2011/10/29/1938928/court-document-describes-former.html
A former Kentucky state social worker indicted by an Anderson County grand jury in August has told investigators that she falsified records in abuse and neglect cases, according to a court document recently filed.
Margaret "Geri" Murphy, who resigned in January, is charged with nine counts of tampering with public records in her role investigating allegations of child abuse and neglect for the Cabinet for Health and Family Services.
Details of nine cases, several involving child sexual abuse, were outlined in a document titled the Commonwealth's Bill of Particulars, filed in Anderson Circuit Court Oct. 18 by Attorney General Jack Conway's office.
The court document says that in one case, which ran from December 2007 through April 2008, Murphy investigated an allegation of sexual abuse of an infant by the infant's mother's boyfriend. In deeming the allegation "unsubstantiated," Murphy allegedly documented that a state police trooper told her that a hair found in the baby's pubic area was tested and found to be dog hair rather than a human hair.
But the officer told an investigator that he never told Murphy that the hair was dog hair, and that it had not been tested.
Two agencies, including police, filed complaints about Murphy's actions in the case, the court document said.
The mother later reunited with her boyfriend, and the case was reopened in October 2010 on the basis of new allegations of sexual abuse by the boyfriend, the document said.
"During that time, Murphy attempted to take part of an interview and examination of the child at an agency in Lexington, and the KSP trooper told Murphy to leave and has indicated he believes Murphy's actions contributed to the child being abused again," the court document said.
Murphy's attorney William Patrick said Friday that he could not comment on the case. But Patrick said a pre-trial conference was set for November. Murphy was issued a criminal summons in August and has pleaded not guilty.
In abuse and neglect cases, social workers make findings about the validity of allegations and document their work in a report titled a "continuous quality assessment."
In a case involving the alleged sexual abuse of an 11-year-old child by her father, Murphy admitted to falsifying the continuous quality assessment, the court document said. In that case, Murphy is accused of documenting that the suspect had been interviewed by state police. Murphy also is accused of documenting that the perpetrator denied the abuse and passed a polygraph.
However, police told an investigator that the suspect had never been interviewed or taken a polygraph.
Murphy "stated that this particular case 'bothered her' because she had falsified information. She admitted that she believed the child had been sexually abused, but still unsubstantiated and closed her case," the court document said.
In 2010, Murphy investigated a report of the sexual abuse of a 7-year-old child and deemed it "unsubstantiated." She had said that the child made inconsistent statements and that she had interviewed the suspect with police, and that the suspect denied the allegations and passed a polygraph test, according to a court document.
But police said they never interviewed the suspect and the suspect never took a polygraph, according to the court document.
The cabinet will not respond specifically to the cases in the bill of particulars, spokeswoman Jill Midkiff said.
"However, upon discovering that there were problems with the way in which Ms. Murphy conducted her investigations in these and other cases not involving falsifications, the Commissioner of the (Department of Community Based Services) had Ms. Murphy's cases reviewed to ensure that appropriate action was taken in accordance with the policies and procedures of the agency," Midkiff said.
Officials in Conway's office would not comment Friday. But in August, Conway said that his office began investigating after receiving a complaint from a resident whose family was in a court case to which Murphy had been assigned.
Tampering with public records is a Class D felony punishable by one to five years in prison and a fine of up to $10,000 on each count.
Here's a link to the court document:
http://media.kentucky.com/smedia/2011/10/28/23/45/155LTT.So.79.pdf
Source http://www.kentucky.com/2011/10/29/1938928/court-document-describes-former.html
Records shows Boy Scout officials failed to report leader who molested children in California
By Associated Press
LOS ANGELES — Boy Scout officials in the U.S. and Canada not only failed to stop an admitted child molester in their ranks, but sometimes helped cover his tracks, according to confidential records, court files and interviews with victims and their families.
A Los Angeles Times and Canadian Broadcasting Corp. investigation (http://lat.ms/tYtWBX ) published Saturday finds scout leader Rick Turley molested at least 15 children over nearly two decades, most of whom he met through American and Canadian Scouting beginning in the 1970s.
Boy Scouts of America officials didn’t call police in 1979 after Turley acknowledged molesting three Orange County boys, records show.
“You do not want to broadcast to the entire population that these things happen,” A. Buford Hill Jr., a former Orange County Scouting executive, said of officials’ decision not to contact authorities. “You take care of it quietly and make sure it never happens again.”
It happened again. Turley returned to his native Canada, where he signed on with Scouts Canada, and continued his abuses for at least a decade.
Now 58 and working at an Alberta truck-stop motel, Turley says he is surprised by how often he got away with it.
“It was easy,” he said in an interview with the CBC, adding that he has learned to control his impulses.
Turley was sentenced to five years in prison after being convicted in 1996 of five counts of molesting children. Paroled in 2000, he was later caught trying to draw two pre-teen boys into a relationship and sent back to prison. He was released two years later.
Turley is one of more than 5,000 suspected child molesters named in confidential documents kept by the Boy Scouts of America. The records — called the “perversion files” by the Scouts — include admissions of guilt as well as unproven allegations.
Those files have come to light in recent years in lawsuits by former Scouts, accusing the group of failing to detect abuses, exclude known pedophiles, or turn in offenders to authorities.
The Oregon Supreme Court is now weighing a request by newspapers, a wire service and broadcasters to open about 1,200 more files in the wake of a nearly $20-million judgment in a Portland sex abuse case last year.
The Scouts’ handling of sex-abuse allegations is similar to that of the Catholic Church in the face of accusations against its priests, some attorneys told the Times and the CBC.
“It’s the same institutional reaction: scandal prevention,” said Seattle attorney Timothy Kosnoff, who has filed seven suits in the last year by former Scouts.
Current Boy Scouts of America officials declined to be interviewed and would not say how many files exist or what is in them. Their lawyers have said the records are confidential, to protect victims and because some of the files are based on unsubstantiated tips.
“The BSA has continued to enhance its youth protection efforts as society has increased its understanding of the dangers children face,” the Scouts said in a statement.
Source http://www.washingtonpost.com/national/records-boy-scout-officials-failed-to-report-leader-who-molested-children-in-california/2011/10/29/gIQA7bNtSM_story.html
LOS ANGELES — Boy Scout officials in the U.S. and Canada not only failed to stop an admitted child molester in their ranks, but sometimes helped cover his tracks, according to confidential records, court files and interviews with victims and their families.
A Los Angeles Times and Canadian Broadcasting Corp. investigation (http://lat.ms/tYtWBX ) published Saturday finds scout leader Rick Turley molested at least 15 children over nearly two decades, most of whom he met through American and Canadian Scouting beginning in the 1970s.
Boy Scouts of America officials didn’t call police in 1979 after Turley acknowledged molesting three Orange County boys, records show.
“You do not want to broadcast to the entire population that these things happen,” A. Buford Hill Jr., a former Orange County Scouting executive, said of officials’ decision not to contact authorities. “You take care of it quietly and make sure it never happens again.”
It happened again. Turley returned to his native Canada, where he signed on with Scouts Canada, and continued his abuses for at least a decade.
Now 58 and working at an Alberta truck-stop motel, Turley says he is surprised by how often he got away with it.
“It was easy,” he said in an interview with the CBC, adding that he has learned to control his impulses.
Turley was sentenced to five years in prison after being convicted in 1996 of five counts of molesting children. Paroled in 2000, he was later caught trying to draw two pre-teen boys into a relationship and sent back to prison. He was released two years later.
Turley is one of more than 5,000 suspected child molesters named in confidential documents kept by the Boy Scouts of America. The records — called the “perversion files” by the Scouts — include admissions of guilt as well as unproven allegations.
Those files have come to light in recent years in lawsuits by former Scouts, accusing the group of failing to detect abuses, exclude known pedophiles, or turn in offenders to authorities.
The Oregon Supreme Court is now weighing a request by newspapers, a wire service and broadcasters to open about 1,200 more files in the wake of a nearly $20-million judgment in a Portland sex abuse case last year.
The Scouts’ handling of sex-abuse allegations is similar to that of the Catholic Church in the face of accusations against its priests, some attorneys told the Times and the CBC.
“It’s the same institutional reaction: scandal prevention,” said Seattle attorney Timothy Kosnoff, who has filed seven suits in the last year by former Scouts.
Current Boy Scouts of America officials declined to be interviewed and would not say how many files exist or what is in them. Their lawyers have said the records are confidential, to protect victims and because some of the files are based on unsubstantiated tips.
“The BSA has continued to enhance its youth protection efforts as society has increased its understanding of the dangers children face,” the Scouts said in a statement.
Source http://www.washingtonpost.com/national/records-boy-scout-officials-failed-to-report-leader-who-molested-children-in-california/2011/10/29/gIQA7bNtSM_story.html
Friday, October 28, 2011
California auditor: 1,000 state-licensed facilities match sex offenders' addresses
By Michael Martinez, CNN
Los Angeles (CNN) -- The California state auditor has found that more than 1,000 state-licensed facilities -- including more than 600 for kids -- matched addresses in the sex-offender registry, saying oversight mechanisms lag behind state requirements.
The state Department of Social Services "cites the lack of resources as the primary reason why it has not implemented an automated sex offender address match and why its oversight mechanisms are falling short of requirements," said the state auditor's report, released Thursday.
Specifically, the report said that 677 foster and group homes and other state-licensed facilities for children matched sex offenders' addresses, as well as 385 state-licensed facilities for vulnerable adults.
The auditor found that almost 600 of the 1,000 address matches were "high risk and in need of immediate investigation," the report said. It was not clear from the report how many foster and group homes are in California, in total.
This month, the state social services agency and county child welfare agencies investigated 99% of the matches and began legal actions against eight licensees of facilities, including four license revocations, said the report, titled "Child Welfare Services -- California Can and Must Provide Better Protection and Support for Abused and Neglected Children."
In six of those actions, registered sex offenders were living or present in the child facilities, and counties found 36 sex offenders having "some association" with foster homes -- prompting authorities to remove children from the facilities and ordering the offenders out of the homes, the report said.
State costs for housing foster children have also grown dramatically, California State Auditor Elaine M. Howle found.
"The percentage of children placed with private foster family agencies — agencies that recruit and certify foster homes and are compensated at a higher rate than state- or county-licensed foster homes — has dramatically increased over the last 10 years and resulted in an additional $327 million in foster care payments during that time," the report said. "The counties we visited admit to placing children with these agencies out of convenience rather than for elevated treatment needs as originally intended."
The state social services agency "generally agreed" with the auditor's findings and outlined an action plan in response to several recommendations, the auditor said.
In an October 7 response to the report, director Will Lightbourne of the California Department of Social Services wrote he agreed that "address comparison provides an additional protection for vulnerable clients in care, and agrees that prevention should be part of the protection."
"We are concerned, however, that performing matches against every known sex offender address may not be the most effective means of prevention and ensuring protection. The process involved in this audit required CDSS and counties to investigate every known address of sex offenders, including addresses that were years and in some cases, decades, out of date," Lightbourne said.
"The California Sex and Arson Registry (CSAR) includes effective dates of address and identifies active and inactive addresses, and future processes to compare addresses therefore should focus on information technology solutions to minimize the need for staff to manually search through and verify information," the director continued. "The CDSS is exploring solutions that leverage technology and key partners to create an efficient and effective process to provide this additional protection."
The state auditor also recommended that the social service agency "complete comprehensive reviews of agencies' licensing activities more timely as well as on-site reviews of state-licensed foster homes, foster family agencies, and group homes. Moreover, Social Services should ensure that rates paid to private foster family agencies are appropriate and should monitor placements with these agencies," the auditor said.
In 2010, child welfare agencies in California's 58 counties received 480,000 allegations of child abuse or neglect. Each county maintains its own child welfare service program, and the state Department of Social Services provides oversight, the report said.
Source http://www.cnn.com/2011/10/27/us/california-sex-offenders/
Los Angeles (CNN) -- The California state auditor has found that more than 1,000 state-licensed facilities -- including more than 600 for kids -- matched addresses in the sex-offender registry, saying oversight mechanisms lag behind state requirements.
The state Department of Social Services "cites the lack of resources as the primary reason why it has not implemented an automated sex offender address match and why its oversight mechanisms are falling short of requirements," said the state auditor's report, released Thursday.
Specifically, the report said that 677 foster and group homes and other state-licensed facilities for children matched sex offenders' addresses, as well as 385 state-licensed facilities for vulnerable adults.
The auditor found that almost 600 of the 1,000 address matches were "high risk and in need of immediate investigation," the report said. It was not clear from the report how many foster and group homes are in California, in total.
This month, the state social services agency and county child welfare agencies investigated 99% of the matches and began legal actions against eight licensees of facilities, including four license revocations, said the report, titled "Child Welfare Services -- California Can and Must Provide Better Protection and Support for Abused and Neglected Children."
In six of those actions, registered sex offenders were living or present in the child facilities, and counties found 36 sex offenders having "some association" with foster homes -- prompting authorities to remove children from the facilities and ordering the offenders out of the homes, the report said.
State costs for housing foster children have also grown dramatically, California State Auditor Elaine M. Howle found.
"The percentage of children placed with private foster family agencies — agencies that recruit and certify foster homes and are compensated at a higher rate than state- or county-licensed foster homes — has dramatically increased over the last 10 years and resulted in an additional $327 million in foster care payments during that time," the report said. "The counties we visited admit to placing children with these agencies out of convenience rather than for elevated treatment needs as originally intended."
The state social services agency "generally agreed" with the auditor's findings and outlined an action plan in response to several recommendations, the auditor said.
In an October 7 response to the report, director Will Lightbourne of the California Department of Social Services wrote he agreed that "address comparison provides an additional protection for vulnerable clients in care, and agrees that prevention should be part of the protection."
"We are concerned, however, that performing matches against every known sex offender address may not be the most effective means of prevention and ensuring protection. The process involved in this audit required CDSS and counties to investigate every known address of sex offenders, including addresses that were years and in some cases, decades, out of date," Lightbourne said.
"The California Sex and Arson Registry (CSAR) includes effective dates of address and identifies active and inactive addresses, and future processes to compare addresses therefore should focus on information technology solutions to minimize the need for staff to manually search through and verify information," the director continued. "The CDSS is exploring solutions that leverage technology and key partners to create an efficient and effective process to provide this additional protection."
The state auditor also recommended that the social service agency "complete comprehensive reviews of agencies' licensing activities more timely as well as on-site reviews of state-licensed foster homes, foster family agencies, and group homes. Moreover, Social Services should ensure that rates paid to private foster family agencies are appropriate and should monitor placements with these agencies," the auditor said.
In 2010, child welfare agencies in California's 58 counties received 480,000 allegations of child abuse or neglect. Each county maintains its own child welfare service program, and the state Department of Social Services provides oversight, the report said.
Source http://www.cnn.com/2011/10/27/us/california-sex-offenders/
Thursday, October 27, 2011
Ohio - Verbal, emotional abuse case leads to teacher discipline at Miami Trace
Blog authors note:
Why are teachers and other "authorities" given lesser legal problems than parents or family member accused of the same type of abuse allegations or even lesser allegations? Why are they allowed to treat children poorly and basically only get a slap on the wrist? Why aren't they charged with child abuse? Are their crimes any less simply because they are not a family member? Is the child any less hurt or abused?
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RYAN CARTER
OCM News Service
FAYETTE COUNTY — The verbal and emotional abuse of a Miami Trace Middle School special education child has resulted in the discipline of a middle school teacher, the resignation of a teacher’s aide, and a $300,000 settlement with the child’s guardians.
On April 28, one of the child’s guardians alerted Miami Trace to the verbal abuse of the girl and following an investigation by the district, an audio tape of the abuse was presented to district officials by Children’s Services.
“The audio tapes were not the idea of Children’s Services, but the tapes proved that inappropriate comments had been made over a period of four days,” said Miami Trace Superintendent Dan Roberts.
According to court records, Christie Wilt is the teacher who was disciplined by both the Ohio Department of Education’s Office of Professional Conduct and Miami Trace Local Schools. Kelly Chaffin is the teacher’s aide who resigned.
Roberts characterized the comments made by the Chaffin as “emotional mistreatment.”
“After hearing the tapes, we acted immediately and gave the teacher’s aide a copy of the tape to share with her attorney,” said Roberts. “She resigned immediately.”
The student was immediately removed from the classroom and transferred to another. She is still a student at Miami Trace.
As for Wilt, there was originally uncertainty as to whether she participated in the emotional abuse.
“We immediately contacted the Ohio Department of Education’s Office of Professional Conduct and submitted a full report that their office received on May 5,” said Roberts. “It took the State Department of Education five full months to render a decision.”
The decision was to suspend Wilt’s teaching license for a year, however, that punishment will not occur if Wilt can complete a number of stipulations this school year.
“We will abide by all stipulations in order for her to keep her license,” said Roberts.
The ODE found that Wilt was guilty of some emotional abuse, mainly due to the fact that she allowed her teacher’s aide to verbally abuse the student.
“We would love to let the citizens know the whole story but because the parents signed a waiver that does not allow them to talk about it, we can’t,” said Roberts.
The complaint was also taken to the Fayette County Sheriff’s Office and presented to the Fayette County Prosecutor’s Office. It was determined that there was no basis for criminal charges and there was no physical abuse.
Roberts added that the guardians originally requested a $1 million settlement. Recently, the $300,000 agreement was settled on, according to Roberts.
“Miami Trace does have insurance coverage for matters like this, but the taxpayers will bear some of that burden,” he said. “Our mission is always to protect and educate our children. Anytime that mission is not achieved, we are extremely disappointed. Anytime something like this happens, we have to identify that issue and correct it…that is what we did. Mistakes have been made, discipline imposed, and we move forward. We’re regretful but we’re very much committed to this not happening again.”
All Miami Trace teachers are required to undergo five hours of training related to spotting signs of child abuse, verbal or physical, and being cautious about what they say to children.
Source http://www.wnewsj.com/main.asp?SectionID=49&SubSectionID=156&ArticleID=193910
Why are teachers and other "authorities" given lesser legal problems than parents or family member accused of the same type of abuse allegations or even lesser allegations? Why are they allowed to treat children poorly and basically only get a slap on the wrist? Why aren't they charged with child abuse? Are their crimes any less simply because they are not a family member? Is the child any less hurt or abused?
-----
RYAN CARTER
OCM News Service
FAYETTE COUNTY — The verbal and emotional abuse of a Miami Trace Middle School special education child has resulted in the discipline of a middle school teacher, the resignation of a teacher’s aide, and a $300,000 settlement with the child’s guardians.
On April 28, one of the child’s guardians alerted Miami Trace to the verbal abuse of the girl and following an investigation by the district, an audio tape of the abuse was presented to district officials by Children’s Services.
“The audio tapes were not the idea of Children’s Services, but the tapes proved that inappropriate comments had been made over a period of four days,” said Miami Trace Superintendent Dan Roberts.
According to court records, Christie Wilt is the teacher who was disciplined by both the Ohio Department of Education’s Office of Professional Conduct and Miami Trace Local Schools. Kelly Chaffin is the teacher’s aide who resigned.
Roberts characterized the comments made by the Chaffin as “emotional mistreatment.”
“After hearing the tapes, we acted immediately and gave the teacher’s aide a copy of the tape to share with her attorney,” said Roberts. “She resigned immediately.”
The student was immediately removed from the classroom and transferred to another. She is still a student at Miami Trace.
As for Wilt, there was originally uncertainty as to whether she participated in the emotional abuse.
“We immediately contacted the Ohio Department of Education’s Office of Professional Conduct and submitted a full report that their office received on May 5,” said Roberts. “It took the State Department of Education five full months to render a decision.”
The decision was to suspend Wilt’s teaching license for a year, however, that punishment will not occur if Wilt can complete a number of stipulations this school year.
“We will abide by all stipulations in order for her to keep her license,” said Roberts.
The ODE found that Wilt was guilty of some emotional abuse, mainly due to the fact that she allowed her teacher’s aide to verbally abuse the student.
“We would love to let the citizens know the whole story but because the parents signed a waiver that does not allow them to talk about it, we can’t,” said Roberts.
The complaint was also taken to the Fayette County Sheriff’s Office and presented to the Fayette County Prosecutor’s Office. It was determined that there was no basis for criminal charges and there was no physical abuse.
Roberts added that the guardians originally requested a $1 million settlement. Recently, the $300,000 agreement was settled on, according to Roberts.
“Miami Trace does have insurance coverage for matters like this, but the taxpayers will bear some of that burden,” he said. “Our mission is always to protect and educate our children. Anytime that mission is not achieved, we are extremely disappointed. Anytime something like this happens, we have to identify that issue and correct it…that is what we did. Mistakes have been made, discipline imposed, and we move forward. We’re regretful but we’re very much committed to this not happening again.”
All Miami Trace teachers are required to undergo five hours of training related to spotting signs of child abuse, verbal or physical, and being cautious about what they say to children.
Source http://www.wnewsj.com/main.asp?SectionID=49&SubSectionID=156&ArticleID=193910
SD - State Dicks Over Hundreds Of Native American Children
Imagine having social workers show up to your home to take your twin babies because someone spread an unsubstantiated rumor that you were abusing prescription drugs. Two months later, your two young daughters don't come home on the bus, and later you learn they were taken from school and put in foster care. Yeah, this happened.
That's what Erin Yellow Robe claims happened to her several years ago, and a major investigation by NPR has revealed that there are many more Native Americans who say their children are being illegally taken from them. The situation is particularly troubling in South Dakota, where 700 Native American children are removed from their homes per year. Both the state's reasons for taking the children, and the way they place them with foster families, are questionable.......
However, many believe that money is the real motivation. States receive thousands in federal funding for every child removed from their home, and they get even more for Native American children. A former governor admitted that since the state is poor, federal money for social services is "incredibly important."
Read the rest of the article here:
http://jezebel.com/5853412/state-dicks-over-hundreds-of-native-american-children
That's what Erin Yellow Robe claims happened to her several years ago, and a major investigation by NPR has revealed that there are many more Native Americans who say their children are being illegally taken from them. The situation is particularly troubling in South Dakota, where 700 Native American children are removed from their homes per year. Both the state's reasons for taking the children, and the way they place them with foster families, are questionable.......
However, many believe that money is the real motivation. States receive thousands in federal funding for every child removed from their home, and they get even more for Native American children. A former governor admitted that since the state is poor, federal money for social services is "incredibly important."
Read the rest of the article here:
http://jezebel.com/5853412/state-dicks-over-hundreds-of-native-american-children
Thursday, October 6, 2011
Sick Child's Parents Say Hospital & County Falsely Labeled Them as Child Abusers
By ERIN MCAULEY
HARRISBURG, Pa. (CN) - Parents say they lost custody of their children, were identified as child abusers and the father was jailed for more than a year because doctors and state officials falsely attributed their 4-month-old daughter's childhood stroke and congenital rickets to child abuse.
Jamel Billups and Jacqueline Rosario, who are black, sued the Penn State Milton S. Hershey Medical Center, Franklin County and its Office of Children, Youth and Families and a long list of individuals, in Federal Court.
The parents say that when their daughter, L.B., suffered a stroke and showed signs of rickets on Oct. 19, 2009, the Child Safety team at Penn State Hershey Medical Center falsely blamed her condition on child abuse, and the state then seized her and her 2-year-old brother, T.R., and sent them to foster homes.
The parents say L.B.'s abdominal CT scan and skeletal surveys revealed 16 rib fractures, but medical evidence that showed no related internal injuries proved these fractures were the result of "weak bones rather than abusive trauma."
They say that despite medical knowledge that Vitamin D deficiency can lead to rickets and weak bones in African Americans, Penn State's Child Safety Team failed to require that L.B.'s blood be tested for abnormal clotting factors or that the child's or mother's blood be tested for vitamin D deficiency.
They add that "no evidence of any injury to L.B.'s spine or any evidence of disruption of her spinal ligaments" was apparent after her stroke, and a report on an MRI exam stated that "thrombosis was a possible explanation."
The parents say, "It is well established in the medical literature that a thrombophilia workup should be performed looking for potential risk factors for clotting when thrombosis is possibility. No such thrombophilia workup was ordered to be performed in 2009 by L.B.'s treating physician or by any member of defendant Penn State's Child Safety Team."
The parents say the Franklin County Office of Children, Youth and Families "has a policy of relying upon doctors affiliated with the American Academy Pediatrics, whose opinions are tainted by a burden shifting medical presumption that the cause of any intracranial injury in a child under the age of one year is caused by abuse unless the parents provide an accidental explanation, to perform the medical investigation into whether injuries suspected to have been caused by child abuse were, in fact, caused by child abuse."
They claim that agents of the Office of Children, Youth and Families, defendants Tammie Lay and Dawn M. Watson, "failed to conduct their own independent non-presumption tainted investigation" and "relied exclusively upon the conclusion of defendant Penn State's Child Safety Team and defendants [Drs. Mark S.] Dias, [Kathryn R.] Crowell and [Arabinda K.] Choudhary that L.B.'s intracranial hemorrhages were caused by abuse on the afternoon of October 19, 2009 and rib fractures were caused by abuse 4 to 8 weeks prior to her hospitalization without conducting any independent medical review or confirmation of their own."
The complaint continues: "On October 21, 2009, eight days before Jamel was arrested, defendant [Lauren] Sulcove emailed defendant Dias to introduce herself as the prosecutor that would be handling the case against Jamel."
Sulcove, an assistant prosecutor, worked for defendant Franklin County District Attorney Matthew Fogel, according to the complaint, which continues: "On October 28, 2009, with reckless indifference to the truth and the Billups' family civil rights, defendant Crowell issued a report on Penn State letterhead falsely concluding that L.B.'s childhood stroke and 16 rib fractures without internal injuries were caused by abuse. Defendant Crowell's report stated that L.B. 'does not have any evidence of coagulopathy or bleeding disorder' and concluded that 16 anterior rib fractures without any associated internal injuries 'occurred as a previous incident of inflicted trauma' concluding that 'this is a clinical picture of inflicted trauma' of 'some event ... likely a short time before [L.B.] had difficulty breathing'." (Brackets and ellipsis in complaint.)
After the report was issued, Jamel Billups was charged with felony aggravated assault and endangering the welfare of a child.
The parents say: "As soon as Jamel learned of the issuance of the arrest warrant on the day it was issued, October 29, 2009, he immediately and voluntarily reported to the Chambersburg police station and was taken into custody. The court set a $200,000.00 straight bail for Jamel, a bail that the Billups' family could not post. Jamel's remained in jail from October 29, 2009 until December 17, 2010, when a jury acquitted Jamel of all criminal charges."
According to the complaint, "Penn State created a Child Safety Team on September 1, 2009 for the express purpose, inter alia, of investigating whether injuries reported as suspicious for child abuse were, in fact, caused by child abuse. Penn State has a discriminatory policy that lends the full faith and credit of Penn State to employees who testify for the Commonwealth of Pennsylvania in criminal prosecutions, for the Commonwealth's county child protection agencies in dependency proceedings and Childline expunction hearings but denies the same full faith and credit of the Penn State Hershey Medical Center to those employees who testify for the accused parents."
Penn State, according to the complaint, received "a 2.8 million dollar grant from the United States Center for Disease Control (CDC) for educating parents about shaken baby syndrome."
Defendant Dr. Mark Dias, co-director of the Penn State Child Safety Team, is a neurosurgeon, a Fellow of the American Academy of Pediatrics, and "holds himself out as an expert in child abuse who can determine whether an injury was caused by abuse and frequently testifies with the full faith and credit of Penn State for the prosecution in criminal cases," according to the complaint.
"In 2010, defendant Dias wrote a chapter of a book about child abuse entitled 'The Case for Shaking'." It was Defendant Dias' published efforts that enabled Penn State to receive the CDC 2.8 million dollar grant to 'educate' parents about shaken baby syndrome."
While Dias was never L.B.'s treating physician or surgeon, the parents say that Dias "attributed L.B.'s venous childhood stroke to a congenital anomaly (an anatomic impossibility) and with reckless indifference to the truth wrote a report rendering the false conclusion that L.B.'s injuries were caused by abuse on Penn State letterhead, testified at Jamel's criminal trial that defendant Dias was a professor at Penn State and, upon belief, was paid by, and enjoyed the liability insurance, of Penn State when he participated in the investigation of whether L.B.'s injuries were caused by abuse and testified at Jamel's criminal trial." (Parentheses in complaint.)
The parents add that Dr. Crowell, a member of the Penn State Child Safety Team, "qualified as an expert in child abuse for the first time in her life at the dependency hearing for L.B. and T.R on December 18, 2009. Defendant Crowell was qualified as an expert in child abuse for the second time in her life at Jamel's preliminary criminal hearing on December 28, 2009. Dr. Crowell acknowledged under oath at Jamel's criminal trial that she misrepresented medical evidence critical to L.B.'s case when she testified at Jamel's preliminary hearing."
Thirty paragraphs later, the parents say that Dr. Crowell "testified falsely that L.B. had 'an extensive screening' for 'coagulation problems' and 'an extensive screening for bleeding disorders' that were 'normal' and that L.B.'s 'metabolic workup was normal.'"
The parents add that Crowell testified, erroneously, that the child's rib injuries "were on the posterior side," but that "Contrary to Crowell's testimony, no Penn State radiologist ever reported that any of L.B.'s rib findings were posterior."
Rib injuries in true child abuse cases are "typically lateral or posterior," according to the complaint.
The complaint adds: "Posterior rib fractures have been considered by proponents of the shaken baby syndrome hypothesis as pathognomonic, or having a virtual 100 percent predictive diagnostic value, of the diagnosis of abuse in the medical literature. Whether L.B.'s rib fractures were located posterior, in the back near the spinal column, or anterior in the front, as was L.B.'s rib findings, has been considered by proponents of shaken baby syndrome as critical to making conclusion of child abuse."
The parents say that Crowell was also "paid by, and enjoyed the liability insurance, of Penn State" and was never their daughter's treating physician.
Defendant Dr. Arabinda Choudhary, another member of the Penn State Child Safety Team, "was not board certified by the American Board of Radiology nor does he possess any certificates of additional qualifications in pediatric radiology or neuro-radiology," according to the complaint. The parents say that Dr. Choudhary, "with reckless indifference to the truth, changed his initial diagnosis of L.B.'s venous stroke from possible thrombosis to the anatomically impossible diagnosis of a congenital/developmental anomaly."
Choudhary also was "paid by, and enjoyed the liability insurance, of Penn State" and was never their daughter's treating physician, the parents say.
The chairwoman of Penn State's Radiology Department, defendant Dr. Kathleen D. Eggli, "just before the scheduled criminal trial of Jamel ... implemented a new policy in the radiology department in which defendant Eggli selectively imposed restrictions on a Penn State radiologist who was sought out for a second opinion by the Billups family and rendered an opinion different than that of the Penn State Child Safety Team," the complaint states. "The restrictions imposed on this doctor who was willing to testify for the Billups family were not imposed on the Penn State radiologist who testified for the prosecution, defendant Choudhary, or on any other doctor at Penn State who testified for the prosecution. The restrictions included a prohibition on communicating the doctor's faculty appointment as an assistant professor of radiology at Penn State, denial of liability insurance from Penn State and a prohibition on the use of Penn State logo and letterhead, all prohibitions that were not applied to Defendants Dias, Crowell or Choudhary during their investigation and testimony on behalf of the prosecution and county children and youth agency."
The district attorney and assistant district attorney of Franklin County, Matthew Fogel and Lauren Sulcove, are also named as defendants. Sulcove is "sued solely in her role of investigating the false allegations of abuse prior to the arrest of Jamel." According to the complaint, "Pennsylvania law mandated that Defendant Fogel convene an investigative team upon the report of L.B.'s suspected abuse in October of 2009 to avoid duplication of fact-finding efforts with such team consisting of a minimum of a health care provider, county caseworker and law enforcement official. Defendant Sulcove led and/or was a member of the team and either followed the policy of the District Attorney's office to exclusively rely upon doctors affiliated with the American Academy of Pediatrics to make conclusions about whether suspected child abuse was, in fact, child abuse or defendant Sulcove individually failed to ensure that the investigation into allegations of abuse against Jamel was not tainted with the burden shifting medical presumption of doctors affiliated with the American Academy of Pediatrics."
Also sued is William C. Frisby Jr., an employee of the defendant Borough of Chambersburg. "Frisby was the detective assigned to investigate the allegations of abuse against Jamel and is sued solely in his role of investigating the allegations against Jamel. Defendant Frisby either followed the policy of defendant Chambersburg to rely upon doctors affiliated with the American Academy of Pediatrics for child abuse investigations or defendant Frisby individually failed to ensure that the investigation into allegations of abuse against Jamel was not tainted with the burden shifting medical presumption of doctors affiliated with the American Academy of Pediatrics."
The parents say that even after Jamel was acquitted of criminal charges, "FCCYS agents Kari Coccagna and Minnie Tuner threatened to immediately send the police to forcibly remove T.R. and L.B. from Jamel and Jackie if Jamel and Jackie did not agree to a 'voluntary' safety plan. The 'voluntary' safety plan required that Jamel 'agree' that he would not be alone with his children and required Jackie and Jamel to 'agree' to unannounced visits from employees of defendant FCCYS or suffer the immediate removal of their children from their care by the police. At all times relevant to this complaint, defendant Franklin County and defendant FCCYS had a policy of using safety plans as voluntary placement agreements and extending those agreements beyond 30 days in violation of 55 Pa. Code §3130.65. Defendants Franklin County, FCCYS, Coccagna and Tuner extended the voluntary placement agreement beyond 30 days without obtaining a court order in violation of Pennsylvania law and Jamel's and Jackie's right to due process pursuant to Franklin County and FCCYS policy or, in the alternative, defendants Coccagna and Watson violated the due process protection provided in 55 Pa. Code §3130.65 and failed to obtain a court order to extend the 'voluntary' safety plan beyond 30 days on their own."
The parents add: "On June 18, 2011, FCCYS closed its case with the Billups family and terminated the 'voluntary' safety plan."
The parents and their children seek punitive damages for reckless indifference to civil rights, due process violations, negligence, failure to train, extending voluntary placement agreements beyond 30 days, unconstitutionally favoring expert witnesses for the prosecution and disadvantaging expert witnesses for the defendants, and for the 414 days that Jamel was jailed for a crime he did not commit.
They are represented by Mark Freeman of Media, Pa.
Source http://www.courthousenews.com/2011/10/03/40229.htm
HARRISBURG, Pa. (CN) - Parents say they lost custody of their children, were identified as child abusers and the father was jailed for more than a year because doctors and state officials falsely attributed their 4-month-old daughter's childhood stroke and congenital rickets to child abuse.
Jamel Billups and Jacqueline Rosario, who are black, sued the Penn State Milton S. Hershey Medical Center, Franklin County and its Office of Children, Youth and Families and a long list of individuals, in Federal Court.
The parents say that when their daughter, L.B., suffered a stroke and showed signs of rickets on Oct. 19, 2009, the Child Safety team at Penn State Hershey Medical Center falsely blamed her condition on child abuse, and the state then seized her and her 2-year-old brother, T.R., and sent them to foster homes.
The parents say L.B.'s abdominal CT scan and skeletal surveys revealed 16 rib fractures, but medical evidence that showed no related internal injuries proved these fractures were the result of "weak bones rather than abusive trauma."
They say that despite medical knowledge that Vitamin D deficiency can lead to rickets and weak bones in African Americans, Penn State's Child Safety Team failed to require that L.B.'s blood be tested for abnormal clotting factors or that the child's or mother's blood be tested for vitamin D deficiency.
They add that "no evidence of any injury to L.B.'s spine or any evidence of disruption of her spinal ligaments" was apparent after her stroke, and a report on an MRI exam stated that "thrombosis was a possible explanation."
The parents say, "It is well established in the medical literature that a thrombophilia workup should be performed looking for potential risk factors for clotting when thrombosis is possibility. No such thrombophilia workup was ordered to be performed in 2009 by L.B.'s treating physician or by any member of defendant Penn State's Child Safety Team."
The parents say the Franklin County Office of Children, Youth and Families "has a policy of relying upon doctors affiliated with the American Academy Pediatrics, whose opinions are tainted by a burden shifting medical presumption that the cause of any intracranial injury in a child under the age of one year is caused by abuse unless the parents provide an accidental explanation, to perform the medical investigation into whether injuries suspected to have been caused by child abuse were, in fact, caused by child abuse."
They claim that agents of the Office of Children, Youth and Families, defendants Tammie Lay and Dawn M. Watson, "failed to conduct their own independent non-presumption tainted investigation" and "relied exclusively upon the conclusion of defendant Penn State's Child Safety Team and defendants [Drs. Mark S.] Dias, [Kathryn R.] Crowell and [Arabinda K.] Choudhary that L.B.'s intracranial hemorrhages were caused by abuse on the afternoon of October 19, 2009 and rib fractures were caused by abuse 4 to 8 weeks prior to her hospitalization without conducting any independent medical review or confirmation of their own."
The complaint continues: "On October 21, 2009, eight days before Jamel was arrested, defendant [Lauren] Sulcove emailed defendant Dias to introduce herself as the prosecutor that would be handling the case against Jamel."
Sulcove, an assistant prosecutor, worked for defendant Franklin County District Attorney Matthew Fogel, according to the complaint, which continues: "On October 28, 2009, with reckless indifference to the truth and the Billups' family civil rights, defendant Crowell issued a report on Penn State letterhead falsely concluding that L.B.'s childhood stroke and 16 rib fractures without internal injuries were caused by abuse. Defendant Crowell's report stated that L.B. 'does not have any evidence of coagulopathy or bleeding disorder' and concluded that 16 anterior rib fractures without any associated internal injuries 'occurred as a previous incident of inflicted trauma' concluding that 'this is a clinical picture of inflicted trauma' of 'some event ... likely a short time before [L.B.] had difficulty breathing'." (Brackets and ellipsis in complaint.)
After the report was issued, Jamel Billups was charged with felony aggravated assault and endangering the welfare of a child.
The parents say: "As soon as Jamel learned of the issuance of the arrest warrant on the day it was issued, October 29, 2009, he immediately and voluntarily reported to the Chambersburg police station and was taken into custody. The court set a $200,000.00 straight bail for Jamel, a bail that the Billups' family could not post. Jamel's remained in jail from October 29, 2009 until December 17, 2010, when a jury acquitted Jamel of all criminal charges."
According to the complaint, "Penn State created a Child Safety Team on September 1, 2009 for the express purpose, inter alia, of investigating whether injuries reported as suspicious for child abuse were, in fact, caused by child abuse. Penn State has a discriminatory policy that lends the full faith and credit of Penn State to employees who testify for the Commonwealth of Pennsylvania in criminal prosecutions, for the Commonwealth's county child protection agencies in dependency proceedings and Childline expunction hearings but denies the same full faith and credit of the Penn State Hershey Medical Center to those employees who testify for the accused parents."
Penn State, according to the complaint, received "a 2.8 million dollar grant from the United States Center for Disease Control (CDC) for educating parents about shaken baby syndrome."
Defendant Dr. Mark Dias, co-director of the Penn State Child Safety Team, is a neurosurgeon, a Fellow of the American Academy of Pediatrics, and "holds himself out as an expert in child abuse who can determine whether an injury was caused by abuse and frequently testifies with the full faith and credit of Penn State for the prosecution in criminal cases," according to the complaint.
"In 2010, defendant Dias wrote a chapter of a book about child abuse entitled 'The Case for Shaking'." It was Defendant Dias' published efforts that enabled Penn State to receive the CDC 2.8 million dollar grant to 'educate' parents about shaken baby syndrome."
While Dias was never L.B.'s treating physician or surgeon, the parents say that Dias "attributed L.B.'s venous childhood stroke to a congenital anomaly (an anatomic impossibility) and with reckless indifference to the truth wrote a report rendering the false conclusion that L.B.'s injuries were caused by abuse on Penn State letterhead, testified at Jamel's criminal trial that defendant Dias was a professor at Penn State and, upon belief, was paid by, and enjoyed the liability insurance, of Penn State when he participated in the investigation of whether L.B.'s injuries were caused by abuse and testified at Jamel's criminal trial." (Parentheses in complaint.)
The parents add that Dr. Crowell, a member of the Penn State Child Safety Team, "qualified as an expert in child abuse for the first time in her life at the dependency hearing for L.B. and T.R on December 18, 2009. Defendant Crowell was qualified as an expert in child abuse for the second time in her life at Jamel's preliminary criminal hearing on December 28, 2009. Dr. Crowell acknowledged under oath at Jamel's criminal trial that she misrepresented medical evidence critical to L.B.'s case when she testified at Jamel's preliminary hearing."
Thirty paragraphs later, the parents say that Dr. Crowell "testified falsely that L.B. had 'an extensive screening' for 'coagulation problems' and 'an extensive screening for bleeding disorders' that were 'normal' and that L.B.'s 'metabolic workup was normal.'"
The parents add that Crowell testified, erroneously, that the child's rib injuries "were on the posterior side," but that "Contrary to Crowell's testimony, no Penn State radiologist ever reported that any of L.B.'s rib findings were posterior."
Rib injuries in true child abuse cases are "typically lateral or posterior," according to the complaint.
The complaint adds: "Posterior rib fractures have been considered by proponents of the shaken baby syndrome hypothesis as pathognomonic, or having a virtual 100 percent predictive diagnostic value, of the diagnosis of abuse in the medical literature. Whether L.B.'s rib fractures were located posterior, in the back near the spinal column, or anterior in the front, as was L.B.'s rib findings, has been considered by proponents of shaken baby syndrome as critical to making conclusion of child abuse."
The parents say that Crowell was also "paid by, and enjoyed the liability insurance, of Penn State" and was never their daughter's treating physician.
Defendant Dr. Arabinda Choudhary, another member of the Penn State Child Safety Team, "was not board certified by the American Board of Radiology nor does he possess any certificates of additional qualifications in pediatric radiology or neuro-radiology," according to the complaint. The parents say that Dr. Choudhary, "with reckless indifference to the truth, changed his initial diagnosis of L.B.'s venous stroke from possible thrombosis to the anatomically impossible diagnosis of a congenital/developmental anomaly."
Choudhary also was "paid by, and enjoyed the liability insurance, of Penn State" and was never their daughter's treating physician, the parents say.
The chairwoman of Penn State's Radiology Department, defendant Dr. Kathleen D. Eggli, "just before the scheduled criminal trial of Jamel ... implemented a new policy in the radiology department in which defendant Eggli selectively imposed restrictions on a Penn State radiologist who was sought out for a second opinion by the Billups family and rendered an opinion different than that of the Penn State Child Safety Team," the complaint states. "The restrictions imposed on this doctor who was willing to testify for the Billups family were not imposed on the Penn State radiologist who testified for the prosecution, defendant Choudhary, or on any other doctor at Penn State who testified for the prosecution. The restrictions included a prohibition on communicating the doctor's faculty appointment as an assistant professor of radiology at Penn State, denial of liability insurance from Penn State and a prohibition on the use of Penn State logo and letterhead, all prohibitions that were not applied to Defendants Dias, Crowell or Choudhary during their investigation and testimony on behalf of the prosecution and county children and youth agency."
The district attorney and assistant district attorney of Franklin County, Matthew Fogel and Lauren Sulcove, are also named as defendants. Sulcove is "sued solely in her role of investigating the false allegations of abuse prior to the arrest of Jamel." According to the complaint, "Pennsylvania law mandated that Defendant Fogel convene an investigative team upon the report of L.B.'s suspected abuse in October of 2009 to avoid duplication of fact-finding efforts with such team consisting of a minimum of a health care provider, county caseworker and law enforcement official. Defendant Sulcove led and/or was a member of the team and either followed the policy of the District Attorney's office to exclusively rely upon doctors affiliated with the American Academy of Pediatrics to make conclusions about whether suspected child abuse was, in fact, child abuse or defendant Sulcove individually failed to ensure that the investigation into allegations of abuse against Jamel was not tainted with the burden shifting medical presumption of doctors affiliated with the American Academy of Pediatrics."
Also sued is William C. Frisby Jr., an employee of the defendant Borough of Chambersburg. "Frisby was the detective assigned to investigate the allegations of abuse against Jamel and is sued solely in his role of investigating the allegations against Jamel. Defendant Frisby either followed the policy of defendant Chambersburg to rely upon doctors affiliated with the American Academy of Pediatrics for child abuse investigations or defendant Frisby individually failed to ensure that the investigation into allegations of abuse against Jamel was not tainted with the burden shifting medical presumption of doctors affiliated with the American Academy of Pediatrics."
The parents say that even after Jamel was acquitted of criminal charges, "FCCYS agents Kari Coccagna and Minnie Tuner threatened to immediately send the police to forcibly remove T.R. and L.B. from Jamel and Jackie if Jamel and Jackie did not agree to a 'voluntary' safety plan. The 'voluntary' safety plan required that Jamel 'agree' that he would not be alone with his children and required Jackie and Jamel to 'agree' to unannounced visits from employees of defendant FCCYS or suffer the immediate removal of their children from their care by the police. At all times relevant to this complaint, defendant Franklin County and defendant FCCYS had a policy of using safety plans as voluntary placement agreements and extending those agreements beyond 30 days in violation of 55 Pa. Code §3130.65. Defendants Franklin County, FCCYS, Coccagna and Tuner extended the voluntary placement agreement beyond 30 days without obtaining a court order in violation of Pennsylvania law and Jamel's and Jackie's right to due process pursuant to Franklin County and FCCYS policy or, in the alternative, defendants Coccagna and Watson violated the due process protection provided in 55 Pa. Code §3130.65 and failed to obtain a court order to extend the 'voluntary' safety plan beyond 30 days on their own."
The parents add: "On June 18, 2011, FCCYS closed its case with the Billups family and terminated the 'voluntary' safety plan."
The parents and their children seek punitive damages for reckless indifference to civil rights, due process violations, negligence, failure to train, extending voluntary placement agreements beyond 30 days, unconstitutionally favoring expert witnesses for the prosecution and disadvantaging expert witnesses for the defendants, and for the 414 days that Jamel was jailed for a crime he did not commit.
They are represented by Mark Freeman of Media, Pa.
Source http://www.courthousenews.com/2011/10/03/40229.htm
Sunday, September 25, 2011
Oklahoma Department of Human Services worker testifies in trial concerning foster child's death
Edmond foster parent has been charged in the death of a child she was caring for in 2009.
BY TIFFANY GIBSON
Published: September 23, 2011
GUTHRIE — Attorneys cross-examined a state child welfare worker Thursday in the child abuse trial of Amy Holder. Holder is accused of abusing Naomi Whitecrow, 2, who died after four months in foster care with Holder, of Edmond.
Holder has been charged with felony child abuse in connection with the death. Investigators said Naomi had been living with Holder for four months before her death on January 20, 2009, at 7751 Prairie View Road in Edmond.
The Oklahoma medical examiner's office found recent scrapes and bruises on Naomi's face, chest, back legs, right buttock and head, as well as old and new scabs.
Her death was first ruled undetermined, but an Indiana pathologist was able to review the evidence and reported the girl died of blunt-force injury to the head, abdomen and extremities.
The trial for Holder began this week with jury selection Tuesday and opening statements Wednesday.
Prosecutors called Lashelle Humphreys, a Department of Human Services worker, to the stand Thursday to talk about her interaction with the child and her foster parents.
Humphreys said she became involved in the case in 2008 when DHS was asked to intervene when a baby boy tested positive for cocaine at a hospital.
She said the mother, Kayla Whitecrow, also had cocaine and marijuana in her system, according to medical staff.
As the primary worker on the case, Humphreys said Kayla Whitecrow's two children, including Naomi, were removed from the household in February 2008. They were placed with foster parent Alicia Taylor in Garfield County, she said.
When Kayla Whitecrow checked into the Chi Hullo Li Rehabilitation Center, a Choctaw Nation substance abuse facility, to receive treatment, her two children were placed there with her, Humphreys testified.
A facility worker testified Thursday that Naomi seemed healthy when she was placed there. With only two incident reports of her smashing her finger and hitting her head on a water fountain, the woman said she seemed like a normal child.
Another worker who used to interact with Naomi said she didn't have a problem eating or walking.
“She would play with her little brother and put her face on his,” the worker said. “She was a sweet little girl.”
Humphreys told the jury many times that DHS has a policy to try to reunite families; therefore, she made a plan to help the parents receive treatment.
Scott Adams, Holder's attorney, said that his client began fostering Naomi in September 2008 after Kayla Whitecrow left the facility and abandoned her children.
He said Holder believed the girl might have been abused because she would shake and act distant. Adams said this was made known to DHS, however, they proceeded to try and reunite the girl with their birth mother.
Humphreys testified that dealing with Holder was often difficult because of her demands. She said she tried to organize visits between Naomi and her biological mother, but Holder would always cancel the plans.
Adams said that Holder was caring for three other children at the time and needed more notice to plan visits.
He questioned Humphreys' concern for Naomi, asking why she never visited them.
She testified that she only spent five minutes with Naomi at a Christmas party in December 2008, but noticed that her body language seemed distant.
“She kind of looked through me,” Humphreys said. “Her eyes looked hollow. She looked sad.”
Source http://newsok.com/oklahoma-department-of-human-services-worker-testifies-in-trial-concerning-foster-childs-death/article/3606733?custom_click=lead_story_title
BY TIFFANY GIBSON
Published: September 23, 2011
GUTHRIE — Attorneys cross-examined a state child welfare worker Thursday in the child abuse trial of Amy Holder. Holder is accused of abusing Naomi Whitecrow, 2, who died after four months in foster care with Holder, of Edmond.
Holder has been charged with felony child abuse in connection with the death. Investigators said Naomi had been living with Holder for four months before her death on January 20, 2009, at 7751 Prairie View Road in Edmond.
The Oklahoma medical examiner's office found recent scrapes and bruises on Naomi's face, chest, back legs, right buttock and head, as well as old and new scabs.
Her death was first ruled undetermined, but an Indiana pathologist was able to review the evidence and reported the girl died of blunt-force injury to the head, abdomen and extremities.
The trial for Holder began this week with jury selection Tuesday and opening statements Wednesday.
Prosecutors called Lashelle Humphreys, a Department of Human Services worker, to the stand Thursday to talk about her interaction with the child and her foster parents.
Humphreys said she became involved in the case in 2008 when DHS was asked to intervene when a baby boy tested positive for cocaine at a hospital.
She said the mother, Kayla Whitecrow, also had cocaine and marijuana in her system, according to medical staff.
As the primary worker on the case, Humphreys said Kayla Whitecrow's two children, including Naomi, were removed from the household in February 2008. They were placed with foster parent Alicia Taylor in Garfield County, she said.
When Kayla Whitecrow checked into the Chi Hullo Li Rehabilitation Center, a Choctaw Nation substance abuse facility, to receive treatment, her two children were placed there with her, Humphreys testified.
A facility worker testified Thursday that Naomi seemed healthy when she was placed there. With only two incident reports of her smashing her finger and hitting her head on a water fountain, the woman said she seemed like a normal child.
Another worker who used to interact with Naomi said she didn't have a problem eating or walking.
“She would play with her little brother and put her face on his,” the worker said. “She was a sweet little girl.”
Humphreys told the jury many times that DHS has a policy to try to reunite families; therefore, she made a plan to help the parents receive treatment.
Scott Adams, Holder's attorney, said that his client began fostering Naomi in September 2008 after Kayla Whitecrow left the facility and abandoned her children.
He said Holder believed the girl might have been abused because she would shake and act distant. Adams said this was made known to DHS, however, they proceeded to try and reunite the girl with their birth mother.
Humphreys testified that dealing with Holder was often difficult because of her demands. She said she tried to organize visits between Naomi and her biological mother, but Holder would always cancel the plans.
Adams said that Holder was caring for three other children at the time and needed more notice to plan visits.
He questioned Humphreys' concern for Naomi, asking why she never visited them.
She testified that she only spent five minutes with Naomi at a Christmas party in December 2008, but noticed that her body language seemed distant.
“She kind of looked through me,” Humphreys said. “Her eyes looked hollow. She looked sad.”
Source http://newsok.com/oklahoma-department-of-human-services-worker-testifies-in-trial-concerning-foster-childs-death/article/3606733?custom_click=lead_story_title
Tuesday, September 6, 2011
Grandmother fights for relative rights for children
Posted: Tuesday, September 6, 2011 4:00 am
By JENNIFER SUMMER Houston Community Newspapers
A grandmother’s love is what kept her four grandchildren out of foster care.
For Cleveland’s Linda Boles, it has been a fight to gain grandparental rights and any monetary support for all four children, a fight she is planning to take to Washington, D.C. to rally for more rights as well as the opportunity to gain custody and support as a caregiver for her grandchildren.
“My daughter was with four different drug dealers, so Child Protective Services was called numerous times. It took 29 voluntary placements for them to give me the paperwork to keep the kids at my house and keep them safe,” Boles said.
Boles was working in real estate at the time when she would receive the calls from CPS where she would keep them for several days then they would go back to the mom’s house.
After the numerous calls and the evidence, Boles now has all four grandchildren and started the group Kids Left Behind which fights for grandparental rights in Texas.
“There are a lot of grandparents in Texas who do not know we have no rights. In 2008, I spoke in Washington, D.C. on the fact there is no funding from the state for grandparents to care for their grandchildren. They are not told from the beginning what they can have and what they cannot,” Boles said.
With the Kids Left Behind group, Boles has worked with other grandparents who are going through the same thing she has.
Boles asks the questions, how many calls does it take for a true CPS investigation? and why is adoption not available to grandparents and relatives but it is to foster parents?
A few of her cases, the children are placed into a foster home and then they are picked up by the grandparents who must go through the same background checks and house checks as a foster parent would have to but they do not have the same paperwork or the same rights.
“We go through the same things foster homes do but we get nothing. Why is there not some kinship added when they develop these committees? Our voice is not heard. Grandparents are raising 3 percent of the children in this state, yet we do not have a voice,” Boles said.
Every couple of months, the grandparents have to file for custody of the children again and must take off work whenever CPS calls for a home check or visit.
In Boles’ case, she is not receiving any child support from the parents of the children so she must support them as much as she can, but they currently live on 53 cents a day.
For foster families, they are reimbursed for most of their expenses while the grandparents and other relative caregivers are not.
“Voluntary placement needs to be done away with. The parents cannot just show up when they want to. Relative caregivers need rights to take care of the children. We deal with doctor appointments, school and transportation every day so we need help,” Boles said.
There are several others across the country who are rallying behind Boles and hoping to raise funds to help her have a place to stay while in Washington, D.C. so she can share her story and rally for relative caregiver rights.
They have already received some monetary support but they are hoping for more support and donations to help the trip be successful for Boles.
“I cannot understand why Texas does not want to help with all of these children. If they are put in a relative caregiver’s home, they have a better chance at succeeding than in a foster home,” Boles said. “I have lost everything, but that is the love I have for these grandchildren; I would never give that up.”
To support her family, Boles hunts, fishes and gardens to ensure there is always food on the table.
She and the children have also had the opportunity to go Echo Hill Ranch which is owned by the son of Kinky Friedman, Dr. S.T. Friedman, where they learned how to fold the flag properly and play with other kids.
“It is wrong for the children when we do not get to participate in things because we cannot afford it. Every child should be treated the same,” Boles said.
The rally Boles plans to attend is the GrandRally in Washington, D.C. Sept. 15 where she will have the chance to meet other relative caregivers and have her voice heard.
“It is time for our voice to be heard,” Boles added.
For more information about the GrandRally, log on to www.grandrally.org.
Source http://www.yourhoustonnews.com/dayton/news/grandmother-fights-for-relative-rights-for-children/article_30d65ff7-062a-58d3-9745-727ca443db82.html
By JENNIFER SUMMER Houston Community Newspapers
A grandmother’s love is what kept her four grandchildren out of foster care.
For Cleveland’s Linda Boles, it has been a fight to gain grandparental rights and any monetary support for all four children, a fight she is planning to take to Washington, D.C. to rally for more rights as well as the opportunity to gain custody and support as a caregiver for her grandchildren.
“My daughter was with four different drug dealers, so Child Protective Services was called numerous times. It took 29 voluntary placements for them to give me the paperwork to keep the kids at my house and keep them safe,” Boles said.
Boles was working in real estate at the time when she would receive the calls from CPS where she would keep them for several days then they would go back to the mom’s house.
After the numerous calls and the evidence, Boles now has all four grandchildren and started the group Kids Left Behind which fights for grandparental rights in Texas.
“There are a lot of grandparents in Texas who do not know we have no rights. In 2008, I spoke in Washington, D.C. on the fact there is no funding from the state for grandparents to care for their grandchildren. They are not told from the beginning what they can have and what they cannot,” Boles said.
With the Kids Left Behind group, Boles has worked with other grandparents who are going through the same thing she has.
Boles asks the questions, how many calls does it take for a true CPS investigation? and why is adoption not available to grandparents and relatives but it is to foster parents?
A few of her cases, the children are placed into a foster home and then they are picked up by the grandparents who must go through the same background checks and house checks as a foster parent would have to but they do not have the same paperwork or the same rights.
“We go through the same things foster homes do but we get nothing. Why is there not some kinship added when they develop these committees? Our voice is not heard. Grandparents are raising 3 percent of the children in this state, yet we do not have a voice,” Boles said.
Every couple of months, the grandparents have to file for custody of the children again and must take off work whenever CPS calls for a home check or visit.
In Boles’ case, she is not receiving any child support from the parents of the children so she must support them as much as she can, but they currently live on 53 cents a day.
For foster families, they are reimbursed for most of their expenses while the grandparents and other relative caregivers are not.
“Voluntary placement needs to be done away with. The parents cannot just show up when they want to. Relative caregivers need rights to take care of the children. We deal with doctor appointments, school and transportation every day so we need help,” Boles said.
There are several others across the country who are rallying behind Boles and hoping to raise funds to help her have a place to stay while in Washington, D.C. so she can share her story and rally for relative caregiver rights.
They have already received some monetary support but they are hoping for more support and donations to help the trip be successful for Boles.
“I cannot understand why Texas does not want to help with all of these children. If they are put in a relative caregiver’s home, they have a better chance at succeeding than in a foster home,” Boles said. “I have lost everything, but that is the love I have for these grandchildren; I would never give that up.”
To support her family, Boles hunts, fishes and gardens to ensure there is always food on the table.
She and the children have also had the opportunity to go Echo Hill Ranch which is owned by the son of Kinky Friedman, Dr. S.T. Friedman, where they learned how to fold the flag properly and play with other kids.
“It is wrong for the children when we do not get to participate in things because we cannot afford it. Every child should be treated the same,” Boles said.
The rally Boles plans to attend is the GrandRally in Washington, D.C. Sept. 15 where she will have the chance to meet other relative caregivers and have her voice heard.
“It is time for our voice to be heard,” Boles added.
For more information about the GrandRally, log on to www.grandrally.org.
Source http://www.yourhoustonnews.com/dayton/news/grandmother-fights-for-relative-rights-for-children/article_30d65ff7-062a-58d3-9745-727ca443db82.html
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