WA to pay $2.35M in abuse case settlement

OLYMPIA, Wash. (AP) — Washington state will pay $2.35 million to settle a lawsuit filed by a woman who alleged that two state agencies failed to protect her from a sex offender who abused her when she was a child.

The Pierce County Superior Court lawsuit alleged that a paroled child rapist named Danny Dorosky Sr. was allowed to live with the victim's family, despite a Parole Board order that required intensive management and supervision because of the prior sex crime.

One of the woman's lawyers, Jason Amala, said Dorosky ingratiated himself into the victim's family and eventually moved into the home, where he abused the girl for almost three years. She was 10 when the abuse started, Amala said.

The woman also contended that the Department of Social and Health Services' Child Protective Services failed to protect her after school officials in Shelton reported the girl might be a sexual abuse victim.

Corrections spokeswoman Selena Davis confirmed the settlement and its amount late Wednesday. She said she could not immediately comment on case details.

DSHS spokesman Thomas Shapley referred inquiries to a lawyer with the state attorney general's office who did not immediately return a call.

The woman's lawyers say the abuse began in 1990. After the victim's father contacted law enforcement about the man in 1993, Mason County officials eventually arrested Dorosky. He was convicted of child molestation and rape. He died in 2004, Amala said.

In a phone interview Wednesday with The Olympian, the now 31-year-old woman said she had buried her awareness of what had happened until recently, when her own daughter turned 10.

She said she looked up Dorosky's court records and eventually hired a lawyer.

She said "it makes me sick" that state employees could have prevented what had happened to her and didn't.

The plaintiff, a state employee, added that she would appreciate an apology from the state. Beyond that, she said she hopes her lawsuit will lead to policy changes that will prevent supervision failures.

Source http://www.seattlepi.com/news/article/WA-to-pay-2-35M-in-abuse-case-settlement-2713424.php

Colorado Court Rules Social Workers Potentially Liable in Foster Home Abuse

Written by: James Swift

Earlier this month, the Colorado Court of Appeals ruled that social workers in Adams County may be held legally responsible for failures to protect children in foster care from abuse.

The ruling stems from a case involving a lawsuit filed by three siblings, who claim that social workers failed to safeguard them from abuse in their mother’s home, and later deceived their adoptive parents about the severity of their abuse history.

Prior to the ruling, the adoptive parents of the children unsuccessfully filed a separate suit against the Adams County Department of Social Services, claiming that social workers did not disclose the full records of abuse prior to their adoption. Last December, a federal judge ruled that Denver’s social workers could be sued, following the case of a 7-year-old who starved to death under the watch of his foster parents.

The ruling allows the siblings to proceed with their lawsuit against the Adams County Department of Social Services, on the grounds that their rights to safety were violated by county social workers.

The appellate court determined that the state’s division director of Child Welfare Angela Lytle, who supervised social workers Joan Forsmark and Cathy O’Donnell, acted “recklessly in conscious disregard” of the plaintiffs’ safety.

“The 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,” the court opinion reads. “And such conduct, when viewed in total, is conscience shocking.”

Plaintiff attorney Jordan Factor said that the ruling could pave the way for major changes to the state’s foster home system.

“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,” Factor said. “It is a case that has an opportunity to do real justice.”

Source http://jjie.org/colorado-court-rules-social-workers-potentially-liable-foster-home-abuse/69345

OKDHS reaches settlement on foster care suit

Click here to read the settlement agreement.

Late Wednesday, the Oklahoma Department of Human Services commission reached a settlement agreement with Children's Rights, a group that filed a class action lawsuit in 2008 alleging OKDHS did not do enough to protect Oklahoma's foster care children from abuse and neglect.

The monetary terms of the settlement have not yet been disclosed. However, DHS agreed to meet standards in fifteen areas. Among those standards, documentation of alleged abuse and neglect, number of available foster homes, number of times children can be placed in different foster homes, and the number of cases welfare workers can carry.

The agreement would dissolve in four years provided DHS meets the requirements fully for two consecutive years prior.

DHS has already spent close to $7 million fighting the lawsuit.

The agency says it will have a working plan in the next 55 days.

“We are all committed to continuous quality improvement and we have consistently identified and made improvements. We will continue to make improvements even after compliance with the future plan has been completed,” said OKDHS director Howard Hendrick. “The strengths and list of child welfare achievements are many, including an adoption rate that is more than twice the national average per capita over the last five years. Nevertheless, we need to recruit and expand the number of non-kinship homes for children coming into foster care. We need a broader array of therapeutic homes for children experiencing trauma and dealing with behavioral challenges. We also want to reimburse foster parents at better rates for their dedication to caring for Oklahoma’s abused and neglected children.

“Some of these improvements, particularly those involving recruitment and retention of child welfare workers and foster parents, will require additional state dollars," said Hendrick. "We will need the support of the Governor, the legislature, and the judicial system to commit the resources needed to ensure that Oklahoma’s child welfare system can meet these demands.”

"Now the real work begins," said House Speaker Kris Steele, R-Shawnee. "The legislature must be involved in this planning process and I'm pleased it will be. DHS belongs to the public and serves the public, so it is critical for the public's representatives to have meaningful input."

Source http://www.fox23.com/media/lib/13/0/a/1/0a184eb1-2f3c-4ec6-834a-418df6c6e415/Key_Provisions_of_the_Settlement_Agreement.doc

Oregon DHS And Attorney General Delay Releasing Info On Oleander Labier Death

Here is another interesting story about CPS failure to protect a child. Where are they when there is real child abuse going on? How is it that they can take children away from parents who are not abusing their kids but CPS has gotten an anonymous phone call, false allegations and etc? CPS failed 5 year old Oleander Labier who died after years of abuse and torture. Now CPS and the attorney general are playing games regarding the release of records in the case. Sounds like a case of CYA which goes on at all CPS offices across the nation. People want the truth in this case but all they will get is a diluted mix of info and the real truth will likely never be released.

http://www.oregonlive.com/news/oregonian/steve_duin/index.ssf/2011/08/day_478_oleander_labier_case_h.html

Where IS CPS Concerning The Cushing Boys?

The facts about the Cushing's are very disturbing. It is absolutely impossible to believe that CPS does not see a reason to step into this matter. If this is not poor judgement, abuse, neglect and failure to protect - then nothing is.

Paper Orphans - From Voices Of Women

The Adoption and Safe Families Act, (ASFA), was passed in 1997 by the US Congress. The purpose of this Bill was to protect children from lingering in foster care. In some cases children were literally being lost in foster care in some of America’s larger cities. The idea was to find permanent placement for children within a designated time frame. Attached to this movement of children would be financial incentives and bonuses to states for compliance with mandates. Thus, the Child Abuse Industry in America was now, subsidized by the Federal Government.

One would hope that ASFA would make our children safer, at lower risk for neglect, abuse, and lower numbers of children in foster care. This has not been the case! In my opinion the goals of ASFA have grossly failed! ASFA demands that the child welfare agency be responsible for ensuring the safety of children in out-of-home care. Yet, nationwide hundreds of children have died while in the care of “professional parents”.

The actual outcome of ASFA has been a higher number of children in foster care. There has been a massive increase in parental terminations, and adoptions of America’s children. The issue that needs to be pointed out here, is that not only are the parent’s rights to have a relationship with their children terminated, all family members are terminated from having a relationship with these children.

Who is really benefiting from ASFA? The professional parents (foster/adoptive parents), the contracted mental health care providers, the residential and treatment centers, the growing demand for more social workers being hired to handle the caseloads, etc. According to statistics from the National Child Protection Reform each child that is in the system generates an estimated residual economic development figure of $250,000.00 or more per year! This tells me that our children are being harvested as a subsidized cash crop. When the market numbers increase then dividends in the form of bonuses are paid to the states.

The children who are being protected from their parents, (who are rarely if ever charged under any criminal abuse or neglect statue) are going to age out of the system without an adequate education, little or no social skills, little or no work experience, disenfranchised from their families and communities, on psychotropic drugs. What future does that hold for them? What are the residual costs to the taxpayers going to be? Are we just grooming our youth for their eventual commitment to our prison systems?

All of the proceedings that take place (with the exception of the rare criminal abuse charges,) are done by Administrative proceedings under a veil of secrecy. There is no jury, no evidence, only hearsay of the Case Worker, no witnesses or open trail, because of “the child’s confidentiality”. I don’t know of one case where the child(ren) were present in court to testify. The parents are adjudicated and placed on the Nation Registry of Child Abusers. They lose their family. They are told by everyone who hears their story, “They can’t do that!” But the fact remains it was done, is being done and will continue to be done until American families stand together to demand that their Constitutional right to parent their children is restored, and that the child protection system be reformed. However, they don’t do that for fear they will some how suffer further consequences from the State. Or they believe the biggest lie…parents in America have all gone mad and only professional parents and social workers care about and are capable of loving these “poor” children!

I am not suggesting, nor do I believe that there are not children who are being abused. What I am saying is that thousands of children are being removed arbitrarily and without substantiated cause from their homes. Some of these families only needed services that could’ve been provided with the children still in the home. I would like to note that according to national statistics children in foster care are at much higher risk of sexual and physical abuse then in the home of their parents. Federal legislation provides a foundation for States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. §5106g), as amended by the Keeping Children and Families Safe Act of 2003, defines child abuse and neglect as, at minimum:

Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or
An act or failure to act, which presents an imminent risk of serious harm.

After huge class action lawsuits were brought against 32 states, 30 of them reformed their child protection policies with great success in focusing on family preservation and in-home family services that reduced the cost to taxpayers and made children safer.

I know that most of you are thinking to yourself, “These parents have abused their children and are in denial, blaming the system.” According to the statistics filed with the Child Welfare League of America (www. cwla.org) prior to ASFA in 1998 there were 55 adoptions in South Dakota and no children waiting to be adopted, 5 years later there were 144 adoptions and a staggering 464 children waiting to be adopted. The state last year received an adoption bonus of $56,000.00 for adoptions over their baseline number. Residential foster care in 2000 cost taxpayers in $4,498,452.00. Two years later in 2002 that amount had increased to $17,212,505.00! Folks, this is about the money, not about protecting children! From 1996 to 2004 the federal budget increased in SD by 128.6% and the state budget by 53.0%! Did all the parents in SD just start going nuts on their children over that six-year period? I think not! I believe money and economic development in the newly subsidized child abuse industry increased these numbers.

South Dakota has a 9% total Native American population, according to the Governor’s Commission on the Indian Child Welfare Act. Yet more than 65% of the children removed from the home are Native American. I believe this number, is also motivated by funding and opportunity. South Dakota has a statue that allows the Secretary of Social Services to collect funding from the Department of Interior for the cost of their care. Thus, Indian children are worth double the money to the state. Even though this has been denied by DSS at Appropriations and Government Operation and Audit Committee meetings, I find it hard to believe that they would go to the trouble of having legislation drafted for such an action and not utilize it. (Chapter 28 SDCL)

In a recent Rapid City Journal article it stated that 81% of the children were taken for reasons of neglect. What the Social Workers view as neglect is arbitrary. Virtually anything can be used against parents to justify the interrogation of your children at schools by police officers, social workers and counselors to intimidate children, ask leading and open ended questions that are used to ultimately destroy the family. These children then are removed from the school without the knowledge of the parents and placed in foster care. Poverty and its effects are often confused with neglect. Instead of the state, social and community organizations helping these parents overcome the financial struggles they suffer their children they are ripped from their lives.

The Government does not exist for any other reason than to protect the interests of the individual. The Government has no rights, only powers and duties. There is no provision for this non-governmental action in our Constitution. In fact the Supreme Court of the United States has ruled at least fifteen times on the right of parents to raise own their children.

The state of South Dakota has statues that forbid the State, it’s officers or agent to violate the Constitution or US Supreme Court rulings. See SDCL 1-1A-1 and 1-1A-2. In Lehr vs. Robertson, 463 US 248,) The linkage between parental duty and parental right was stressed again in Prince v. Massachusetts ... The Court declared it a cardinal principle “that the custody, care and nurture of the child reside first in the parents whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” In these cases, the Court has found that the relationship of love and duty in a recognized family unit is an interest in liberty entitled to Constitutional protection ... “State intervention to terminate such a relationship ... must be accomplished by procedures meeting the requisites of the Due Process Clause” Santosky v. Kramer .

America’s children are not safer. Families are not being honored as the most primary social structure of our culture. The very foundation of a child’s normal development is being disassembled by states. The States create the problem, than they are the solution. The States create orphans, than they are the adoption agency.


* THIS ARTICLE WILL BE FEATURED IN THE JAN/FEB 2007 ISSUE OF WELL NATIONS MAGAZINE www.wellnations.com

Source: http://www.freewebs.com/voiceofwomen/