Showing posts with label dyfs. Show all posts
Showing posts with label dyfs. Show all posts

Friday, February 10, 2012

NJ Child Welfare Officials Faulted In Handling Slain Toddler’s Case, Says DYFS Commissioner

TRENTON, N.J. (CBSNewYork/AP) – Child welfare officials in New Jersey failed to connect concerns of child abuse and domestic violence in the case of a 2-year-old whose father is accused of tossing her to her death still strapped in her car seat.

Children and Families Commissioner Allison Blake on Tuesday released a review over how the agency handled the case of Tierra Morgan-Glover.

The girl was found dead in a creek in Wall Township on Nov. 22. Prosecutors said the toddler’s father, Arthur Morgan III, killed her during a court-approved visit by attaching a tire iron to her car seat to weigh it down before throwing it into the creek from an overpass.

The cause of death was determined to be homicidal violence, including submersion in water.

Morgan was later arrested on Nov. 29 by U.S. Marshals in California after receiving a tip he was staying with friends in the San Diego area.

Child welfare officials investigated the turbulent relationship between Morgan and the child’s mother four times in 13 months before she was found dead.

In Dec., the toddler’s great grandfather blamed the court system for not doing enough to prevent Tierra’s death.

“My granddaughter pleaded with these people not to allow an unsupervised visit. Yet in spite of her request it was denied,” the man said.

The girl’s mother, Imani Benton, said a case worker told the courts there was no reason to deny Morgan unsupervised visitation.

“I reached out to the Department of Youth and Family Services when he hit her and he admitted to hitting her and they still deemed him fit as a parent,” Benton said.

Blake now says caseworkers never consulted with the agency’s domestic violence liaison. They and supervisors also failed to follow-up on recommendations made by the special response unit which first investigated child abuse claims.

Morgan is charged with murder.

Source http://newyork.cbslocal.com/2012/02/08/nj-child-welfare-officials-faulted-in-handling-slain-toddlers-case-says-dyfs-commissioner/

Saturday, January 7, 2012

N.J. Assembly panel approves bill to broaden how DYFS investigators define child abuse

By Susan K. Livio/Statehouse Bureau

TRENTON — After the deaths last year of two girls whose parents were not deemed a threat by the Division of Youth and Family Services, an Assembly panel approved a bill Thursday that would broaden how investigators define child abuse in New Jersey.

The measure (A-4109/S1570), which was unanimously approved by the Assembly Human Services Committee, must be approved by the full Assembly no later than Tuesday morning, when the two-year legislative session draws to a close. The Senate has already approved it.

Under the proposed bill, agency investigators could choose among three findings when determining whether there is a valid abuse complaint instead of the current two, which some say limits the ability to protect children.

The proposed measure would allow investigators to "substantiate" a claim if there was sufficient evidence, consider it "unfounded" if no safety risk was detected, or select a new third option — "not substantiated." That would apply if there was not enough evidence to support a complaint, but investigators suspected the child was still "placed at substantial risk of harm."

The families of both children had been investigated for abuse and neglect, but a number of times DYFS workers considered the concerns "unfounded."

Since 2004, the term "unfounded" has held two meanings — no evidence of abuse, or some evidence but not enough to make a solid case. The state dropped the "unsubstantiated with concerns" category out of concern that investigators were not gathering enough facts to make a valid decision.

"Hopefully this legislation will help investigators capture a sizeable portion of abuse cases that might otherwise fall through the cracks," said Assemblywoman Valerie Vainieri Huttle (D-Bergen), the committee chairwoman who was a sponsor of the bill.

Jesse Moskowitz, a retired assistant director of DYFS, said passage of the measure by the panel "represents an acknowledgement that a well-intended but flawed change six years ago required correction and clarification in order to accurately classify child abuse or neglect findings."

Support for the bill is not unanimous.

"They should be focusing on clarifying policy and improving quality of investigations so that they make good determinations, not feel comfortable with an inconclusive category," Judith Meltzer, a court-appointed monitor who is overseeing an overhaul of the state’s child welfare system, said afterward.

A representative from the Communications Workers of America Local 1038, representing 3,000 DYFS employees, testified in support the bill, but at the same time asked the committee to look into an increasing number of caseloads investigators are handling but the agency is hiding.

The representative, Cataherine Donatos, said the agency was trying to conceal the number of cases out of concern that the judge who ordered the overhaul would find the state out of compliance and order sanctions.

She said that in one DYFS office, 27 workers who investigate child abuse exceeded the court-imposed limit of 12 cases a month, with some juggling 15 to 21 cases.

She added that some cases were transferred to other professionals on paper, but that that staffers were still doing the work and that those who did not find a way to lower casesloads were disciplined.

Donatos said that after the union filed a grievance, the agency transferred six workers and hired a supervisor.

A spokeswoman for DYFS, Leida Arce, said transferring cases to other staff when the workload increased was "a common practice" because everyone is trained in investigations.

Source http://www.nj.com/news/index.ssf/2012/01/assembly_panel_approves_bill_t_2.html

Monday, December 19, 2011

DYFS worker accused of child endangerment - New Jersey

ELIZABETH — Authorities say an adoption specialist with New Jersey’s child welfare agency sent sexually charged messages to a 15-year-old boy that he met through church.

Frednel Lambert also worked as a choir director at the church in Newark.

Authorities say the 34-year-old Union Township resident is charged with 3rd Degree Endangering the Welfare of a Child.

Union County Prosecutor Theodore Romankow says the boy’s mother contacted the Springfield Police Department in September. The prosecutor says the chats were conducted through Facebook over a two-week period.

Source http://www.app.com/article/20111217/NJNEWS10/312170032/DYFS-worker-accused-child-endangerment?odyssey=nav%7Chead

Thursday, December 8, 2011

Woman sues DYFS after her adopted child was allegedly sexually, physically abused under institution's watch - New Jersey

By Megan DeMarco/Statehouse Bureau

TRENTON — While under the care of the state’s child protection agency, a Monmouth county baby was burned, beaten, and sexually abused, then ignored as doctor after doctor recommended therapy for anxiety and post-traumatic stress disorder, a lawyer for her adopted mother says.

Three different caseworkers at the state’s Division of Youth and Family Services could have stopped the abuse several times, attorney David Mazie contends, but none did.

Now the girl is 13, and her adopted mother is suing the state Division of Youth and Family Services and three caseworkers for damages in a trial that kicked off Monday with impassioned opening arguments in Trenton.

Child advocates say it is rare for civil cases against DYFS to reach a full trial, where the actions of caseworkers in charge of protecting children can be put on full display.

The case also comes amid an ongoing overhaul of the child welfare system that was in its early stage when the allegations were first raised.

Some child welfare advocates say the case indicates problems that exist in DYFS to this day, but others say reports of a federal monitor appointed in 2003 show the child protection system is improving. The state has spent more than $1 billion on the reforms.

"To the extent that there is any good news in all this it is only that this case is part of the legacy of DYFS’ failed past," said Richard Wexler, executive director of the National Coalition for Child Protection Reform. He added the federal monitor’s reports show, "this is a much better agency now than it was before, and such tragedies are a lot less likely."

Richard Gelles, a dean at the University of Pennsylvania who provided expert testimony for the woman suing DYFS, said the case exposes "a severe systemic dysfunction" that still exists, noting that some of those who handled the girl’s case continued to work for the division. One of the three caseworkers named in the case worked for the Department of Children and Families as of Sept. 30, according to public payroll records.

During opening arguments, Mazie outlined alleged negligence by DYFS from 2000 to 2005, when the girl, identified as S.A., was placed with the woman who would adopt her.

"They failed in this case, they failed miserably. They turned a blind eye on this child," Mazie said. "This is going to be with her for the rest of her life."

As a 2-year-old, she was given to her biological father in 2000, without proper vetting, Mazie said. While in his care and under DYFS supervision, the toddler suffered sexual and physical abuse.

She was brought to the emergency room twice, and a neighbor reported she had burns on her body and a belt mark on her chest, the attorney said. She was removed when the father’s girlfriend reported she was bound, beaten and hanging from a hook in the wall, he added.

Mazie said after she was removed from the home, doctors recommended therapy for post traumatic stress disorder. It took DYFS two years to provide it, and escalated the girl’s anxiety by allowing visits with her father, he said.

He added that a caseworker was supposed to visit with the girl once a month, but there were several months when no one appeared at the home, or checked on her in foster care.

Elliott Abrutyn, a lawyer hired by the state to represent DYFS, said children under the state’s care also have a legal guardian independent of DYFS, and often the caseworkers were following court orders.

"What happened to (her) of course is tragic," he said, telling the jury that it was "paramount" to understand DYFS caseworkers "were always absolutely looking out for the best interest of the child."

Abrutyn said doctors who treated the baby when she was brought into the emergency room could have reported suspected abuse to DYFS, and did not.

"Whatever our clients did, they did in good faith," he said.

Lauren Kidd, a spokeswoman for DYFS, said the division does not comment on pending litigation.

The adopted mother, identified only as L.A., is seeking monetary damages to assist in the care of her daughter. The case is expected to last two to three weeks.

Source http://www.nj.com/news/index.ssf/2011/12/woman_sues_dyfs_after_her_adop.html

Friday, November 4, 2011

Unprecedented: N.J. judges find foster parents have no say in child placement

Blog authors note:
Finally, it's about time! Most blood relatives have no say in these kangaroo courts so why do foster parents get a say in them? They are just glorified babysitters for the state kidnappers! Hopefully, this will carry over to all states. Then it would be nice if they would allow legal blood relatives to chime in about placement - that is when the best interests of the child will truly be served. Blood families should never be replaced if they are willing and capable of providing everything necessary for the child.
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By Jerry DeMarco

The hearts of New Jersey foster parents are in the right place, but that doesn’t give them a say in placement hearings, a state appeals court has ruled in an unprecedented decision stemming from a Hudson County case.

The “resource parents,” as parents are called in the state’s courts, have “no independent legal interest” when a judge is weighing where to place youngsters from troubled situations, the Appellate Division determined. That responsibility belongs to a law guardian appointed by DYFS.

"The importance of the essential role of resource parents in the child placement arena is unquestioned," Judge Marie Lihotz wrote. "However, the legal rights of such caregivers in securing an undisturbed relationship with a child placed in their home [are] very limited."

The decision was brought on by a Hudson County judge’s refusal to allow two foster parents a say in a hearing that removed a child from her drug-addicted parents and placed the girl with her aunt.

The youngster, now 2, was born on July 16, 2009 with cocaine and other drugs in her system, which put her into a hospital for six weeks. She ended up with the foster parents while DYFS moved to remove her parents’ biological rights.

The foster parents requested "full participation" in proceedings aimed at final placement of the girl, calling themselves "indispensible parties" and "psychological parents."

They said they had plenty of information to share, wanted to review expert reports produced by DYFS and requested they be allowed to retain their own expert. They also gave the judge statements from a pediatrician.

Superior Court Judge Marilyn Foti in Jersey City allowed them to speak, and to attend various hearings, but said their participation ended there. Their testimony couldn’t carry any weight in the ultimate decision, in which the girl was taken from them on April 21. 2011, Foti ruled.

They appealed.

The appeals judges backed Foti, saying the foster parents “should be given the opportunity to let the judge know their wishes during the best-interests hearing.” They noted that "Foti evaluated the competence, sensitivity, patience, responsiveness and devotion of all possible caregivers."

They even went so far as to say that it would hurt the girl somewhat to be removed "from the loving care" of the foster parents.

In the end, however, the appeals judges said Foti "properly balanced the evidence of all necessary considerations and was not merely a preference for a relative placement over care by her resource parents."

What's more, they said, DYFS clearly spells out in its contract that foster parents don’t have the legal right to seek adoption.

The foster parents "opened their home" to the girl, identified in court papers as V.B., "who then stole their hearts," the judges wrote.

"The protective services system values adults like [them], who have optimally fulfilled their role as resource parents. The commitment, care, sacrifice and unconditional love [they] nobly conferred on V.B. will forever alter the course of her life. Nevertheless, the emotional ties that unavoidably developed neither result in psychological parent status nor otherwise confer an interest permitting standing to intervene in a interests hearing."

Source http://www.cliffviewpilot.com/hudson/2981-unprecedented-nj-judges-find-foster-parents-have-no-say-in-child-placement

Wednesday, October 26, 2011

Hitler's Parents Claim Judge Found No Abuse of Little Adolf, Aryan Nation

Hitler's Parents Claim Judge Found No Abuse of Little Adolf, Aryan Nation
Parents of "Adolf Hitler" and "Aryan Nation" claim a judge found no evidence of abuse, but the state still hasn't given their kids back

By Teresa Masterson

Heath and Deborah Campbell, who named two of their children Adolf Hitler and JoyceLynn Aryan Nation, are claiming that a court vindicated them of all abuse allegations last month. But after 33 months in foster care, the children are still not home.

New Jersey Family Court officials had no comment Tuesday.

“Actually, the judge and DYFS told us that there was no evidence of abuse and that it was the names! They were taken over the children's names,” Heath Campbell told NBC 10 Tuesday.

Court records last year stated that the children were not removed from the home because of their names, but because of tangible evidence of abuse or neglect.

Protesting the fact that they still don't have their kids, the Campbells picketed with three other people outside of child services offices in Flemington, N.J. Tuesday. The couple spoke exclusively to NBC 10, saying that the state has no right to keep their children away from them now that the court allegedly ruled that the kids were taken away without cause.

“I don’t sleep, I don’t eat much. I miss my kids. Miss their pitter patters on the floor,” Heath Campbell told NBC 10’s Doug Shimell. “It’s hard. I fall asleep with their pictures.”

The Campbell’s three small children were removed from their Holland Township home by the state in January 2009 after they asked a grocery store in Greenwich, N.J., to write “Adolf Hitler” on their son’s birthday cake.

Though a local Wal-Mart honored the birthday cake request, Adolf Hitler Campbell and siblings JoyceLynn Aryan Nation Campbell and Honszlynn Hinler Jeannie Campbell were put into foster care.

“They beg to come home all of the time,” Deborah told NBC 10 Tuesday. “They beg to see their dad, they want to see their dad all the time.”

While the Campbells maintained from the beginning that the only reason their children were taken away is because of their given names, New Jersey court documents stated last year that there was alleged abuse and parental incompetence.

A New Jersey appeals court ruled in August 2010 that there was sufficient evidence of abuse or neglect because of domestic violence in the home, and though there was a gag order for both parties in the case (which the Campbells have broken multiple times to deny the allegations), authorities have stated in the past that putting the children into the foster system had nothing to do with their names.

Court records stated last year that both parents were victims of childhood abuse and both were unemployed and suffering from unspecified physical and psychological disabilities.

The Campbells say that a judge will decide by early December if the kids will come home.

"Can't wait for the decision," Heath Campbell said Tuesday. "Can't wait for them to come home."

Source http://www.nbcphiladelphia.com/news/weird/Hitler-Parents-Claim-Judge-Found-No-Abuse-of-Adolf-Aryan-Nation.html