Blogger note:
We hope that these families moves their suits to federal court (section 42 USC 1983) where state workers are less likely to be granted immunity for their lack of action (crimes). Once again, a child who was truly in danger but CPS turns a blind eye. Likely because they were too busy chasing innocent parents and kidnapping their children.
By Emily Monacelli
CENTREVILLE -- The family of Calista Springer cannot sue the state for her death, the Michigan Court of Appeals ruled Thursday.
Springer's grandmother, Suzanne Langdon, acting as a representative of Calista's estate, sued the Michigan Department of Human Services and St. Joseph County Child Protective Services in October 2010, asserting that state workers failed to protect Calista from her parents, which resulted in her death.
Calista was 16 when she was found chained to her bed in an upstairs room in her family's Centreville home following a February 2008 house fire.
The appeals court combined Springer's case with that of Nicholas Daniel Braman, whose estate also sued child protective services workers after Braman's father killed Nicholas, himself and his wife in October 2007 in Montcalm County. In both cases, the court ruled that the children's estates could not sue state workers for allegedly improperly acting upon allegations of abuse.
Read the 11-page opinion issued Thursday here.
"Although plaintiffs recited several failures by the employee defendants to comply with their official CPS investigation policies and guidelines, these failures merely prove the state's failure to act, not that it was acting pursuant to a mandatory policy of inaction," the appeals court ruling says.
"Plaintiffs do not point to any official policy or custom that mandated CPS investigators to improperly investigate the abuse allegations against the decedents' parents or to fail to protect the decedents," the opinion reads.
State workers found "insufficient evidence" to substantiate allegations made against Springer's and Braman's parents, and had no basis to remove the children from their homes, according to the court.
"While the facts of these cases are indeed tragic, this is not an appropriate case in which to impose a damage remedy on the state for a state constitutional due process violation, as no violation can be established," the opinion says.
Calista's grandmother filed three separate lawsuits in October 2010, one in U.S. District Court in Grand Rapids, one in the state Court of Claims in Lansing, and a third in St. Joseph County Circuit Court. Each demand jury trials and seek awards “in excess of $75,000.”
The court filings provided information from Michigan State Police records about abuse and neglect complaints that Langdon said were filed by family members, teachers, a mental-health worker, friends and acquaintances.
The suits claimed St. Joseph County protective services caseworker Patricia Skelding and supervisor Cynthia Bare failed to adequately respond to documented abuse from Calista's parents, Anthony and Marsha Springer. Langdon's federal suit also named as defendants former state DHS director Marianna Udow; her chief deputy, Laura Champagne; and former state manager of DHS Child Protective Services programs Ted Forrest.
A jury in February 2010 found Anthony and Marsha Springer guilty of torture and child abuse in Calista's death. They were each sentenced to prison terms.
Allegations of abuse and neglect against the Springers began in April 1995 and included accusations of lead poisoning, untreated burns, physical and emotional abuse, restraint by ropes, and being locked in her bedroom.
Source http://www.mlive.com/news/kalamazoo/index.ssf/2012/03/calista_springers_family_cant.html
CPS corruption hurts and destroys families worldwide. Please use caution posting about CPS here or anyplace on the internet. For your protection, using your full, real name and precise location is not advised. CPS has eyes everywhere and CPS is notorious for taking what people say, twisting it, embellishing on it and then using it against them in CPS "investigations" and at court proceedings.
Showing posts with label failed to protect. Show all posts
Showing posts with label failed to protect. Show all posts
Friday, March 2, 2012
Saturday, January 7, 2012
Colorado appeals court allows abused siblings to sue social workers
By Felisa Cardona
Three siblings severely abused in the home of their biological mother and later in foster care can pursue their lawsuit against Adams County social workers who allegedly failed to protect them and deceived their adoptive parents about the extent of their problems, the Colorado Court of Appeals ruled Thursday.
In the summer of 2002, the siblings — then ages 9, 6 and 3 — were adopted by a couple who only learned about the history of abuse on the eve of the adoption. The children were engaging in incestuous acts with each other, and one of them had to be removed from their home because she was suicidal.
The fallout of the abuse was so egregious that the adoptive parents installed alarms in the children's rooms to prevent them from abusing each other. The couple ended up divorcing, blaming the failure of the marriage on the stress caused by the children's emotional problems.
The names of the parents and siblings are being withheld by The Denver Post because the children are victims of sexual abuse and naming their adoptive parents would identify them.
The adoptive parents sued the Adams County Department of Social Services, asserting that social workers had a duty to fully disclose the background of the children. But the parents lost their case when a jury decided that the social workers were not "willful and wanton" in failing to inform them of the history of abuse.
Thursday's ruling allows lawyers for the children to proceed to trial with different claims — that the siblings' rights to be free from harm were violated by the workers entrusted to protect them.
"Evidence was presented at the first trial about the extraordinary challenges these children would face as a result of the defendants' conduct, and unfortunately it all seems to be coming to pass," said attorney Jordan Factor, who argued the case at the Colorado Court of Appeals.
Adams County argued that the social workers, Joan Forsmark, Cathy O'Donnell and Angela Lytle, were protected from the lawsuit by the state's governmental immunity law.
The court disagreed and concluded that Lytle, who as a division director of child welfare supervised O'Donnell and Forsmark, acted "recklessly."
"Lytle increased the children's vulnerability to the danger by not preparing the (adoptive parents) to deal with their extraordinary emotional needs, and by continuing to support the children's adoption as a sibling group, despite the revelations of incest, which distinguished them from the type of children the (adoptive parents) had indicated they were ready to adopt," the court's opinion reads. "This conduct put the children at substantial risk of serious, immediate, and proximate harm that was known to or suspected by Lytle at the time of the adoption. Such allegations show that Lytle acted recklessly in conscious disregard of that risk. And such conduct, when viewed in total, is conscience shocking."
Adams County Attorney Hal Warren declined to comment on the merits of the claims because the case is heading to trial.
Warren is reviewing the court's ruling to decide whether an appeal to the state Supreme Court is possible.
O'Donnell is still employed by the county. Forsmark has since retired. Lytle works for the Arapahoe County Department of Human Services.
The decision Thursday comes a month after a federal judge ruled that social workers in Denver were not immune from a lawsuit in the case of 7-year-old Chandler Grafner, who was starved to death by his foster parents.
In that case, the judge noted the neglect of Chandler by social services was also "conscious-shocking" and that a complaint of child abuse made by a teacher's aide a month before his death was not thoroughly investigated by Denver Human Services.
Factor, one of the siblings' lawyers in the Adams County case, said he hopes the rulings will have an impact on the quality of care for children.
"Each circumstance is a little different, and this adds to the mix of circumstances in which the courts consistently say that children in the custody of the state of Colorado have a right to be kept safe from harm," he said. "It is a case that has an opportunity to do real justice."
http://www.denverpost.com/news/ci_19685387
Three siblings severely abused in the home of their biological mother and later in foster care can pursue their lawsuit against Adams County social workers who allegedly failed to protect them and deceived their adoptive parents about the extent of their problems, the Colorado Court of Appeals ruled Thursday.
In the summer of 2002, the siblings — then ages 9, 6 and 3 — were adopted by a couple who only learned about the history of abuse on the eve of the adoption. The children were engaging in incestuous acts with each other, and one of them had to be removed from their home because she was suicidal.
The fallout of the abuse was so egregious that the adoptive parents installed alarms in the children's rooms to prevent them from abusing each other. The couple ended up divorcing, blaming the failure of the marriage on the stress caused by the children's emotional problems.
The names of the parents and siblings are being withheld by The Denver Post because the children are victims of sexual abuse and naming their adoptive parents would identify them.
The adoptive parents sued the Adams County Department of Social Services, asserting that social workers had a duty to fully disclose the background of the children. But the parents lost their case when a jury decided that the social workers were not "willful and wanton" in failing to inform them of the history of abuse.
Thursday's ruling allows lawyers for the children to proceed to trial with different claims — that the siblings' rights to be free from harm were violated by the workers entrusted to protect them.
"Evidence was presented at the first trial about the extraordinary challenges these children would face as a result of the defendants' conduct, and unfortunately it all seems to be coming to pass," said attorney Jordan Factor, who argued the case at the Colorado Court of Appeals.
Adams County argued that the social workers, Joan Forsmark, Cathy O'Donnell and Angela Lytle, were protected from the lawsuit by the state's governmental immunity law.
The court disagreed and concluded that Lytle, who as a division director of child welfare supervised O'Donnell and Forsmark, acted "recklessly."
"Lytle increased the children's vulnerability to the danger by not preparing the (adoptive parents) to deal with their extraordinary emotional needs, and by continuing to support the children's adoption as a sibling group, despite the revelations of incest, which distinguished them from the type of children the (adoptive parents) had indicated they were ready to adopt," the court's opinion reads. "This conduct put the children at substantial risk of serious, immediate, and proximate harm that was known to or suspected by Lytle at the time of the adoption. Such allegations show that Lytle acted recklessly in conscious disregard of that risk. And such conduct, when viewed in total, is conscience shocking."
Adams County Attorney Hal Warren declined to comment on the merits of the claims because the case is heading to trial.
Warren is reviewing the court's ruling to decide whether an appeal to the state Supreme Court is possible.
O'Donnell is still employed by the county. Forsmark has since retired. Lytle works for the Arapahoe County Department of Human Services.
The decision Thursday comes a month after a federal judge ruled that social workers in Denver were not immune from a lawsuit in the case of 7-year-old Chandler Grafner, who was starved to death by his foster parents.
In that case, the judge noted the neglect of Chandler by social services was also "conscious-shocking" and that a complaint of child abuse made by a teacher's aide a month before his death was not thoroughly investigated by Denver Human Services.
Factor, one of the siblings' lawyers in the Adams County case, said he hopes the rulings will have an impact on the quality of care for children.
"Each circumstance is a little different, and this adds to the mix of circumstances in which the courts consistently say that children in the custody of the state of Colorado have a right to be kept safe from harm," he said. "It is a case that has an opportunity to do real justice."
http://www.denverpost.com/news/ci_19685387
Tuesday, November 8, 2011
Father sues CSB in death of child - Ohio
By Ed Runyan
WARREN
Thomas Cross, the biological father of a child who died while in foster care April 2, 2009, has sued the Trumbull County Children Services Board and others.
The suit says officials failed to protect the child despite warning signs.
It says the autopsy conducted after the child’s death showed evidence of abuse pre-dating the abuse that killed her, though the Trumbull County coroner refutes that allegation.
Cross, of Garrettsville, filed the suit in federal court last week, seeking $1.2 million in damages.
Tiffany Banks Cross was 20 months old when her foster mother, Bonnie Pattinson, 30, carried her to a neighbor’s house April 2, 2009, because the girl was not breathing. The girl later was pronounced dead.
Pattinson and her family were living in a duplex on Center Street West in Champion Township at the time of the death. Pattinson later was convicted of involuntary manslaughter in the death and sentenced to nine years in prison.
In the lawsuit filed by Boardman lawyer David Engler, Cross said he warned children services that the girl might be in danger, telling children services he saw bruising on her and dog hair in her baby formula.
Children services “never responded to the father’s concern,” the suit said.
Cross’ parental rights regarding the girl were terminated, at children services’ request, Nov. 4, 2008, “despite his not being represented at final hearing of that matter, nor was there a record of his knowing and voluntary waiving of such right to representation,” the suit said.
The suit said children services also was “informed of other harmful acts perpetrated against children in the care of Bonnie Pattinson.”
Nick Kerosky, executive director of Trumbull County Children Services, said he has no comment on the lawsuit.
Dr. Humphrey Germaniuk, Trumbull County coroner, said Monday he saw nothing on the girl’s body indicating bruising or any other type of abuse other than the abuse that caused her death.
The coroner ruled that the girl died of asphyxiation, and a county prosecutor said there were marks on the child’s neck consistent with the rings Pattinson was wearing.
In the lawsuit, Cross said the coroner saw “multiple abrasions and contusions upon the infant that were consistent with a pattern of abuse dating before the actual horrific beating that resulted in the child’s death.”
The suit says children services showed “deliberate indifference to [Pattinson’s] abusive nature.”
The suit also names as defendants the Trumbull County commissioners, who appoint members of the children services board of trustees, and Pattinson.
Source http://www.vindy.com/news/2011/nov/08/father-sues-csb-in-death-of-child/
WARREN
Thomas Cross, the biological father of a child who died while in foster care April 2, 2009, has sued the Trumbull County Children Services Board and others.
The suit says officials failed to protect the child despite warning signs.
It says the autopsy conducted after the child’s death showed evidence of abuse pre-dating the abuse that killed her, though the Trumbull County coroner refutes that allegation.
Cross, of Garrettsville, filed the suit in federal court last week, seeking $1.2 million in damages.
Tiffany Banks Cross was 20 months old when her foster mother, Bonnie Pattinson, 30, carried her to a neighbor’s house April 2, 2009, because the girl was not breathing. The girl later was pronounced dead.
Pattinson and her family were living in a duplex on Center Street West in Champion Township at the time of the death. Pattinson later was convicted of involuntary manslaughter in the death and sentenced to nine years in prison.
In the lawsuit filed by Boardman lawyer David Engler, Cross said he warned children services that the girl might be in danger, telling children services he saw bruising on her and dog hair in her baby formula.
Children services “never responded to the father’s concern,” the suit said.
Cross’ parental rights regarding the girl were terminated, at children services’ request, Nov. 4, 2008, “despite his not being represented at final hearing of that matter, nor was there a record of his knowing and voluntary waiving of such right to representation,” the suit said.
The suit said children services also was “informed of other harmful acts perpetrated against children in the care of Bonnie Pattinson.”
Nick Kerosky, executive director of Trumbull County Children Services, said he has no comment on the lawsuit.
Dr. Humphrey Germaniuk, Trumbull County coroner, said Monday he saw nothing on the girl’s body indicating bruising or any other type of abuse other than the abuse that caused her death.
The coroner ruled that the girl died of asphyxiation, and a county prosecutor said there were marks on the child’s neck consistent with the rings Pattinson was wearing.
In the lawsuit, Cross said the coroner saw “multiple abrasions and contusions upon the infant that were consistent with a pattern of abuse dating before the actual horrific beating that resulted in the child’s death.”
The suit says children services showed “deliberate indifference to [Pattinson’s] abusive nature.”
The suit also names as defendants the Trumbull County commissioners, who appoint members of the children services board of trustees, and Pattinson.
Source http://www.vindy.com/news/2011/nov/08/father-sues-csb-in-death-of-child/
Thursday, October 27, 2011
Jury awards former foster child $2 million from state of Oregon over abuse suffered at hands of foster parents
By Aimee Green, The Oregonian The Oregonian
A Multnomah County jury unanimously awarded $2 million Wednesday to a former foster child who was abused and starved for two years while under the watch of state child welfare workers.
An attorney for the boy successfully argued that the Oregon Department of Human Services repeatedly failed to protect the boy despite repeated reports to a child-abuse hotline. The boy lived in the Clackamas County foster home of Thelma and William Beaver from 2002 to 2004. He weighed more at age 1, when he moved into the home, than at age 3, about the time he was removed from the home.
B.D.'s older sister, then known as Jordan Knapp, also suffered. She weighed just 28 pounds at age 5, when she was flown by Life Flight helicopter to OHSU with a broken skull. The girl's injury -- not a long list of reports of suspected abuse to the hotline -- spurred DHS to remove the children from the foster home for good.
Attorney Scott Kocher filed suit on behalf of Jordan, and days before B.D.'s trial, settled the case with the state for $1.5 million.
The children, along with a younger sister, have since been adopted by one family. Their adopted mom hugged B.D.'s attorney, John Devlin, after the Wednesday's verdict was announced.
Jurors awarded precisely the amount Devlin had asked for.
"This isn't just about helping (B.D.), it's also about helping other foster children by getting DHS to do a better job," Devlin said. "The defense was not only that (DHS) didn't do anything wrong, but that (B.D.) wasn't abused and starved."
Attorneys representing DHS weren't available for comment Wednesday.
Juror David Filmer said he was convinced that DHS didn't do enough to protect the boy, especially after his second hospitalization for failing to gain weight.
"We all really felt that the system was flawed," Filmer said. "That calls would come into the help line, and ...the response was insufficient."
At least 10 of the jurors spread the fault among the State of Oregon and five current and former DHS caseworkers and supervisors: Lesley Willette, Steve Duerscherl, Shirley Vollmuller, Peggy Gilmer and Audrey Riggs. Willette and Vollmuller still work at DHS, while the others have retired, Devlin said.
Because the jury also found that the boy's civil rights were violated, Devlin can seek that his attorneys fees be paid for by the state.
The 3 1/2 week trial included testimony from about 50 witnesses, said Devlin. The boy, who is now 10, took the stand for a short while. He spoke of lingering memories of life in the double-wide trailer that his foster parents and seven other children shared. He said he remembered being forced to sleep in the dog house.
According to lawsuits filed on behalf of the boy and Jordan, the Beavers horribly mistreated the children. A child advocate nicknamed the boy "Mr. Won't Smile." And DHS workers didn't believe Jordan when she repeatedly told them of her suffering. According to her lawsuit, her hands were beaten with a wooden spoon, she was hit with a hairbrush, she was held upside down by her feet and her head slammed against furniture and door frames, and she was forced her to sleep outdoors without blankets.
Thelma Beaver was sentenced to five years in prison for criminal mistreatment of Jordan, and William Beaver received two years of probation. for a lesser charge.
Jordan still faces challenges in her life, but the settlement "will make a big difference in making sure her future is as good as it can be," said Jordan's attorney, Kocher.
The boy has made a "remarkable" physical recovery, Devlin said. The jury's award will compensate the boy for what could be life-long psychological trauma.
"He's not the same kid he was when he was placed in the Beaver home," Devlin said.
Source http://www.oregonlive.com/portland/index.ssf/2011/10/jury_awards_foster_child_2_mil.html
A Multnomah County jury unanimously awarded $2 million Wednesday to a former foster child who was abused and starved for two years while under the watch of state child welfare workers.
An attorney for the boy successfully argued that the Oregon Department of Human Services repeatedly failed to protect the boy despite repeated reports to a child-abuse hotline. The boy lived in the Clackamas County foster home of Thelma and William Beaver from 2002 to 2004. He weighed more at age 1, when he moved into the home, than at age 3, about the time he was removed from the home.
B.D.'s older sister, then known as Jordan Knapp, also suffered. She weighed just 28 pounds at age 5, when she was flown by Life Flight helicopter to OHSU with a broken skull. The girl's injury -- not a long list of reports of suspected abuse to the hotline -- spurred DHS to remove the children from the foster home for good.
Attorney Scott Kocher filed suit on behalf of Jordan, and days before B.D.'s trial, settled the case with the state for $1.5 million.
The children, along with a younger sister, have since been adopted by one family. Their adopted mom hugged B.D.'s attorney, John Devlin, after the Wednesday's verdict was announced.
Jurors awarded precisely the amount Devlin had asked for.
"This isn't just about helping (B.D.), it's also about helping other foster children by getting DHS to do a better job," Devlin said. "The defense was not only that (DHS) didn't do anything wrong, but that (B.D.) wasn't abused and starved."
Attorneys representing DHS weren't available for comment Wednesday.
Juror David Filmer said he was convinced that DHS didn't do enough to protect the boy, especially after his second hospitalization for failing to gain weight.
"We all really felt that the system was flawed," Filmer said. "That calls would come into the help line, and ...the response was insufficient."
At least 10 of the jurors spread the fault among the State of Oregon and five current and former DHS caseworkers and supervisors: Lesley Willette, Steve Duerscherl, Shirley Vollmuller, Peggy Gilmer and Audrey Riggs. Willette and Vollmuller still work at DHS, while the others have retired, Devlin said.
Because the jury also found that the boy's civil rights were violated, Devlin can seek that his attorneys fees be paid for by the state.
The 3 1/2 week trial included testimony from about 50 witnesses, said Devlin. The boy, who is now 10, took the stand for a short while. He spoke of lingering memories of life in the double-wide trailer that his foster parents and seven other children shared. He said he remembered being forced to sleep in the dog house.
According to lawsuits filed on behalf of the boy and Jordan, the Beavers horribly mistreated the children. A child advocate nicknamed the boy "Mr. Won't Smile." And DHS workers didn't believe Jordan when she repeatedly told them of her suffering. According to her lawsuit, her hands were beaten with a wooden spoon, she was hit with a hairbrush, she was held upside down by her feet and her head slammed against furniture and door frames, and she was forced her to sleep outdoors without blankets.
Thelma Beaver was sentenced to five years in prison for criminal mistreatment of Jordan, and William Beaver received two years of probation. for a lesser charge.
Jordan still faces challenges in her life, but the settlement "will make a big difference in making sure her future is as good as it can be," said Jordan's attorney, Kocher.
The boy has made a "remarkable" physical recovery, Devlin said. The jury's award will compensate the boy for what could be life-long psychological trauma.
"He's not the same kid he was when he was placed in the Beaver home," Devlin said.
Source http://www.oregonlive.com/portland/index.ssf/2011/10/jury_awards_foster_child_2_mil.html
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