By Valarie Honeycutt Spears
There were warning signs that Michael Utley was a danger to his toddler son.
Utley had been charged with assaulting the mother of his child 18 months before the Gallatin County man attacked his live-in girlfriend and then shot and killed their 3-year-old son and himself in February 2009.
When the mother attempted to drive her "trashed" partner home from a local bar in September 2007, Utley slapped her hard enough to give her a black eye as 17-month-old Owen James Utley sat in the back seat.
A state adult-protection worker substantiated "partner abuse." But social workers never considered Owen's safety, according to an internal review of the boy's death conducted by the Cabinet for Health and Family Services, which handles child and adult protection in Kentucky.
Social workers should have formally assessed the "risk of harm" to Owen after the domestic violence episode, according to the internal review that focused on the handling of the case before the deaths.
That oversight was one of several problems related to domestic violence documented in internal reviews completed after children with whom the cabinet had previous contact died or were seriously harmed in 2009 and 2010.
A Lexington Herald-Leader analysis of the 85 reviews found that domestic violence in the family was mentioned in 48 of them and that an episode of domestic violence played a direct role in the injury or death of a child in five instances, including the death of Owen, who was killed shortly after his father had beaten his mother.
Among the shortcomings identified in the reviews:
■ Social workers don't always emphasize the safety of the child when domestic violence is discovered in a family.
■ Social workers sometimes fail to thoroughly assess whether domestic violence has occurred.
■ People living in some rural areas don't have convenient access to domestic violence shelters.
According to a 2011 report on deaths and near-deaths from child abuse and neglect in Kentucky, domestic violence was identified as a risk factor in 68 percent of cases from 2007 to 2011.
Another report released in January 2011 said studies have shown that there is an overlap of 30 percent to 60 percent between violence against children and violence against women in the same families.
In Kentucky, police must send the state a report of all incidents of domestic violence, and adult-protection workers are supposed to investigate those cases, although people are not required to accept the workers' help. Additionally, state regulations say that the cabinet must conduct an assessment to see whether a child is at risk of harm from domestic violence.
According to Jim Grace, assistant director of the cabinet's Division of Protection and Permanency, simultaneous child protection and domestic violence investigations are launched under a variety of circumstances, including if the child has been harmed, is prevented from leaving the premises by an abuser or is considered at risk of being harmed.
But cabinet officials conducting the fatality reviews said workers sometimes missed opportunities to protect children whose families experienced domestic violence.
For example, the cabinet's review of one 3-year-old's death raised questions about why the state found in a case involving the child's family that "there are no child-protection issues" even though a female relative told authorities, "I'm scared for my life and my child's life." The woman said she was being physically abused on a regular basis.
The review of Jeffrey B. Fields' death also questions whether a child-protection investigation should have been initiated after a report said, "Child has seen mother's paramour beat mommy up."
In the end, Jeffrey died in a traffic accident in 2010 when he was thrown from a car driven by a woman who was not his parent and who allegedly could not pass a drug test after the crash, according to the review of his death. There were previous reports of domestic violence in the child's family and the driver's family.
In an April 2009 case in Larue County, a child was taken to Hardin Memorial Hospital with 16 fractures and "multiple brain bleeds" and nearly died. A man in the child's home — his relationship to the mother was not made clear in documents — was criminally charged, and the cabinet found that the mother was neglectful for not protecting her child.
The review in that case noted that another child in the family was injured in 2007 during a domestic violence case involving the mother's previous boyfriend. That boyfriend assaulted the mother when she had an infant in her arms, cutting and bruising her and leaving a bruise and swelling on the baby's head.
The cabinet's review said staff should "continue to emphasize child safety and assessment" when conducting concurrent child-protection and adult-protection cases.
Grace said the cabinet is conducting training "on the dynamics of domestic violence and how it relates to a child's protection."
Once cabinet officials identify a systemic problem as a result of a fatality review, "there's the expectation that we would correct it," he said.
Shelters not always close
The death of Owen Utley also highlighted a lack of domestic violence shelters in rural portions of Kentucky.
After the initial 2007 report of domestic violence against Owen's mother, a social worker spoke with her about financial resources and alternative living arrangements that were available to her. But going to a shelter in her own community was not an option.
Ultimately, the cabinet's review said Michael Utley beat Owen's mother in February 2009 until she had two black eyes and cuts to her ear, and was missing chunks hair. When she ran to a neighbor's home for help, he killed the child and himself.
The "lack of shelter options in rural counties could be a deterrent to victims utilizing ... services," the review said.
Sherry Currens, executive director of the Kentucky Domestic Violence Association, said there are 15 regional shelters with a total of 466 beds, which are nearly always full. All 120 counties are served by a shelter, but some residents have to travel farther than others, Currens said.
It's unlikely that shelters could expand their services without additional funding, she said, and domestic violence shelters in Kentucky got less state funding per resident in 2011 than in 1996.
Coordination lacking
Beyond the problems noted in the fatality reviews, there are other gaps, domestic violence victim advocates said.
Currens said she knows of instances when adult-protection workers have dropped a case after child-protection workers got involved. But both kinds of workers are needed to help the non-offending parent figure out "how to deal with the threat to the children," she said.
Coordination between advocates and cabinet workers has at times been lacking, advocates said.
Darlene Thomas, executive director of the Lexington-based Bluegrass Domestic Violence Program, said advocates are sometimes not told by cabinet workers about domestic violence incidents. In other cases, advocates who contract with the cabinet to provide victim services don't have enough staff to attend team meetings about the family.
Lisa Holmes, the director of a domestic violence shelter in Elizabethtown, was concerned recently that she couldn't immediately get an answer at an intake line for the local child-protection office.
Holmes said she was "scared to death" for the safety of a child whose mother decided to leave the shelter.
Police had brought the mother to the SpringHaven shelter after "her boyfriend told her that the best way to handle his anger was to beat her 3-year-old child. So he picked her up and threw her, and she has a bruise on her face," Holmes said, referring to the child.
Holmes was trying to confirm that the boyfriend was in jail and that the mother and child would be safe if they returned home.
Holmes said she thought it would help "if we were quicker and better at adjudicating domestic violence cases and women had the support of CPS (child protection workers) instead of being afraid of them."
Removing children
Advocates and child-protection workers are sometimes at odds about the best way to keep safe a child who has been exposed to domestic violence.
Members of Currens' group are concerned that the cabinet sometimes unfairly recommends that judges remove children from a domestic violence victim's custody under the theory that the victim is failing to protect the child.
As a matter of policy, the cabinet does not recommend removal of any child from a parent's home unless there is risk to the child's physical safety or well-being, cabinet spokeswoman Anya Weber said. Recommendations are presented to the court, where the ultimate decision is made related to removal of the child, Weber said.
Thomas, the Lexington-based domestic violence advocate, said children should be protected from a parent who is a batterer. But she and other advocates said every attempt should be made to allow the child to remain with the non-offending parent.
The 2009 near-death of a 2-month-old girl demonstrates the difficult decisions that child-protection workers must sometimes make in cases of domestic violence.
A state review of the case noted that the cabinet substantiated neglect by the child's mother due to a "history of engaging in abusive relationships," not following through once she was granted domestic violence protection orders, and not being cooperative in previous law enforcement interventions involving domestic violence with the child's alleged abuser.
According to the review, the unidentified child was taken to the University of Kentucky Hospital in 2009 with a traumatic brain injury after her mother's paramour admitted to shaking her and handling her roughly.
Solutions
There are at least two legislative proposals this year to create task forces that would study the effect of domestic violence on Kentucky's children and come up with proposed laws for the 2013 General Assembly.
The sponsor of one proposal, Democratic state Rep. Joni Jenkins of Shively, said she worked in a domestic violence shelter for 10 years. She said expanding the services of domestic violence shelters would be beneficial.
"No kid gets beat in shelters. No kid gets neglected in shelters," she said.
Meanwhile, Sen. Mike Wilson, R-Bowling Green, and Rep. Johnny Bell, D-Glasgow, have introduced bills that would require the cabinet to assess the needs of children and custodial parents who have been exposed to domestic violence and to provide prevention services to help the child live at home. So far, neither bill has been considered by a legislative committee.
Other states have found success in having police, child-protection workers and domestic violence advocates working together on a team.
In Fresno, Calif., police Sgt. Daniel Macias is a member of the Children Exposed to Domestic Violence Team, which operates with a $200,000-a-year federal grant. The team's social workers and advocates, along with police detectives, investigate and provide services after domestic violence cases in which children are present, Macias said.
The team follows up with adult victims, Macias said, and "with the children, which are really the key to trying to stop the cycle of violence."
In Kentucky, Thomas said she would like to see collaborative efforts between the cabinet, which investigates allegations of abuse, and agencies that provide services for spouse-abuse victims to make sure families "have all available supports."
Having domestic violence advocates attend cabinet team meetings about individual families would help, she said.
But, Thomas said, "it all comes down to resources."
Source http://www.kentucky.com/2012/02/26/2084442/safety-of-children-not-always.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 kentucky. Show all posts
Showing posts with label kentucky. Show all posts
Wednesday, February 29, 2012
Tuesday, December 27, 2011
Mother says her autistic son was put in bag as discipline at school - Kentucky
Blogger note:
What do you bet not much becomes of this unless there were a lot more adult witnesses to the event than is noted in the article? Not much usually happens when a school abuses your child.
---
From Kiran Khalid
(CNN) -- A Kentucky woman says special education teachers put her autistic 9-year-old son inside a net ball bag as punishment at his school.
The mother, Sandra Baker, told CNN Monday that she was called to her son's elementary school on December 14, because he was being unruly.
"I saw a big green bag with the drawstring pulled and the (teacher's) aide sitting next to him," Baker said. "As I approached the bag, I heard Christopher say, 'Who's out there?' "
The head of Mercer County public schools did not directly address Baker's accusations in a statement, but Superintendent Dennis Davis acknowledged that, "The Mercer County School District is aware of recent reports of conduct directed by staff toward a student in one of our schools."
Citing federal and state confidentiality laws regarding students, David said the district could not confirm or deny "the specific allegations which are being raised in the public."
But he added, "Upon learning of the allegations, the school system reviewed the incident immediately, and the matter is being handled consistently with School District policies and with State and Federal law."
"The employees of the Mercer County Public Schools are qualified professionals who treat students with respect and dignity while providing a safe and nurturing learning environment," the statement added.
Baker, meanwhile, said Monday that she was stunned to arrive at the school to find her son trapped in a bag.
Baker said the bag was made of net and, in addition to her son, it contained dozens of small plastic balls like the ones found in inflatable bounce houses for children.
She said she demanded that her son be removed from the bag immediately, and she became more alarmed to see the aide struggle with the tied knot to free the boy.
"That shook me up because what if he had gotten sick in there, or there would have been an emergency and no one could get him out?" Baker said. Her son emerged from the bag "sweaty and scared," Baker told CNN. She added that her son, who is in the school's program for autistic children, may not have known whether he was being punished or was participating in a "game" of some sort.
Baker said she and her husband met with school officials the day after the incident, but she said the couple has no choice other than to return their son to the same school after the holiday break.
The incident has led to an online petition on a website calling on the school district to fire the teacher or teachers responsible and to institute a comprehensive training program in the school district. More than 10,000 people scattered through all 50 states endorsed the petition during the weekend, according to the website Change.org.
New study suggests autism starts in the womb
The alleged incident in central Kentucky also has ignited the outrage of advocates for autism awareness.
"People with autism are especially vulnerable, and some may either be unaware that they are being mistreated or may be unable to effectively communicate that mistreatment has occurred," said Lisa Goring, vice president of the organization Autism Speaks.
"It's critical that we do everything possible to prevent mistreatment and abuse, by arming parents and children with key safety information, as well as improving our ability to detect and report any instance of wrongdoing."
Source http://www.cnn.com/2011/12/26/us/kentucky-boy-bag/index.html?hpt=hp_t2
What do you bet not much becomes of this unless there were a lot more adult witnesses to the event than is noted in the article? Not much usually happens when a school abuses your child.
---
From Kiran Khalid
(CNN) -- A Kentucky woman says special education teachers put her autistic 9-year-old son inside a net ball bag as punishment at his school.
The mother, Sandra Baker, told CNN Monday that she was called to her son's elementary school on December 14, because he was being unruly.
"I saw a big green bag with the drawstring pulled and the (teacher's) aide sitting next to him," Baker said. "As I approached the bag, I heard Christopher say, 'Who's out there?' "
The head of Mercer County public schools did not directly address Baker's accusations in a statement, but Superintendent Dennis Davis acknowledged that, "The Mercer County School District is aware of recent reports of conduct directed by staff toward a student in one of our schools."
Citing federal and state confidentiality laws regarding students, David said the district could not confirm or deny "the specific allegations which are being raised in the public."
But he added, "Upon learning of the allegations, the school system reviewed the incident immediately, and the matter is being handled consistently with School District policies and with State and Federal law."
"The employees of the Mercer County Public Schools are qualified professionals who treat students with respect and dignity while providing a safe and nurturing learning environment," the statement added.
Baker, meanwhile, said Monday that she was stunned to arrive at the school to find her son trapped in a bag.
Baker said the bag was made of net and, in addition to her son, it contained dozens of small plastic balls like the ones found in inflatable bounce houses for children.
She said she demanded that her son be removed from the bag immediately, and she became more alarmed to see the aide struggle with the tied knot to free the boy.
"That shook me up because what if he had gotten sick in there, or there would have been an emergency and no one could get him out?" Baker said. Her son emerged from the bag "sweaty and scared," Baker told CNN. She added that her son, who is in the school's program for autistic children, may not have known whether he was being punished or was participating in a "game" of some sort.
Baker said she and her husband met with school officials the day after the incident, but she said the couple has no choice other than to return their son to the same school after the holiday break.
The incident has led to an online petition on a website calling on the school district to fire the teacher or teachers responsible and to institute a comprehensive training program in the school district. More than 10,000 people scattered through all 50 states endorsed the petition during the weekend, according to the website Change.org.
New study suggests autism starts in the womb
The alleged incident in central Kentucky also has ignited the outrage of advocates for autism awareness.
"People with autism are especially vulnerable, and some may either be unaware that they are being mistreated or may be unable to effectively communicate that mistreatment has occurred," said Lisa Goring, vice president of the organization Autism Speaks.
"It's critical that we do everything possible to prevent mistreatment and abuse, by arming parents and children with key safety information, as well as improving our ability to detect and report any instance of wrongdoing."
Source http://www.cnn.com/2011/12/26/us/kentucky-boy-bag/index.html?hpt=hp_t2
Monday, December 19, 2011
Counselor charged with having sex with 17-year-old - Kentucky
By Valerie Chinn
MOUNT WASHINGTON, Ky. (WDRB) -- A counselor for abuse victims is now behind bars, charged with raping a teenager in her care.
Sunrise Children's Services says a child in its care made the allegations against Counselor Brooke Briscoe. The 27-year-old from Louisville is now at the Bullitt County Detention Center. Briscoe is charged with one count of rape and one count of sodomy.
The Sheriff's Department says she had intercourse and oral sex with a 17-year-old male resident at Sunrise Child Services in Mt. Washington on Sunrise's property. The organization says it cares for children who are victims of abuse or neglect.
Detective Scotty McGaha with the Bullitt County Sheriff's Department says, "16 is the legal consensual age in the state of Kentucky, however, even though he's of a consensual age, the problem with it is Rape in the Third because she is in a caretaker role with him. She was a counselor for him."
Briscoe's neighbors wouldn't go on camera, but say she has young children. The Sheriff's Department is looking into other possible victims at Sunrise. Briscoe was on administrative leave, pending the investigation. But Sunrise says her job is now terminated.
The Sheriff's Department says she did not have a prior criminal background.
Sunrise Children's Services issued the following statement:
"Allegations were brought against Ms. Briscoe by a child in our care. That day, we initiated the investigation by reporting the allegations to the Office of Inspector General (OIG) and Child Protective Services (CPS). We immediately put Ms. Briscoe on Administrative Leave pending the investigation. We have cooperated fully with OIG, CPS and the Bullitt County Sheriff's Department. Per the information we received today, Ms. Briscoe has been terminated.
We are conducting an internal investigation and are reviewing our policies and procedures to determine if there is anything we need to change to avoid a situation like this in the future. We conduct a full background check on all of our employees. Moreover, we hold ourselves to the highest standards possible as the only child care agency in this area certified by the highest accreditation body for health care agencies.
We work, every day, to protect the children in our care and to provide them a better future. We take this situation very seriously and are shocked and saddened to find out the allegations are true. But we are grateful that someone stepped forward to alert us to the situation so we could stop it."
Source http://www.wdrb.com/story/16355555/counselor-charged-with-having-sex-with-17-year-old
MOUNT WASHINGTON, Ky. (WDRB) -- A counselor for abuse victims is now behind bars, charged with raping a teenager in her care.
Sunrise Children's Services says a child in its care made the allegations against Counselor Brooke Briscoe. The 27-year-old from Louisville is now at the Bullitt County Detention Center. Briscoe is charged with one count of rape and one count of sodomy.
The Sheriff's Department says she had intercourse and oral sex with a 17-year-old male resident at Sunrise Child Services in Mt. Washington on Sunrise's property. The organization says it cares for children who are victims of abuse or neglect.
Detective Scotty McGaha with the Bullitt County Sheriff's Department says, "16 is the legal consensual age in the state of Kentucky, however, even though he's of a consensual age, the problem with it is Rape in the Third because she is in a caretaker role with him. She was a counselor for him."
Briscoe's neighbors wouldn't go on camera, but say she has young children. The Sheriff's Department is looking into other possible victims at Sunrise. Briscoe was on administrative leave, pending the investigation. But Sunrise says her job is now terminated.
The Sheriff's Department says she did not have a prior criminal background.
Sunrise Children's Services issued the following statement:
"Allegations were brought against Ms. Briscoe by a child in our care. That day, we initiated the investigation by reporting the allegations to the Office of Inspector General (OIG) and Child Protective Services (CPS). We immediately put Ms. Briscoe on Administrative Leave pending the investigation. We have cooperated fully with OIG, CPS and the Bullitt County Sheriff's Department. Per the information we received today, Ms. Briscoe has been terminated.
We are conducting an internal investigation and are reviewing our policies and procedures to determine if there is anything we need to change to avoid a situation like this in the future. We conduct a full background check on all of our employees. Moreover, we hold ourselves to the highest standards possible as the only child care agency in this area certified by the highest accreditation body for health care agencies.
We work, every day, to protect the children in our care and to provide them a better future. We take this situation very seriously and are shocked and saddened to find out the allegations are true. But we are grateful that someone stepped forward to alert us to the situation so we could stop it."
Source http://www.wdrb.com/story/16355555/counselor-charged-with-having-sex-with-17-year-old
Kentucky child-welfare officials draw sharp criticism from lawmakers
Written by Deborah Yetter
FRANKFORT, KY. — At a packed committee hearing, Kentucky legislators berated the state’s top child-welfare officials Monday for failing to accurately report child-abuse fatalities.
And one lawmaker called for the resignation of the cabinet secretary who oversees Kentucky’s child-welfare programs, saying the state was withholding information.
“It concerns me the cabinet appears to have the attitude that it does not have to comply with the law, and it does not have to comply with court orders,” said Sen. Julie Denton, a Louisville Republican who is co-chairman of the interim joint Health and Welfare Committee, adding that the cabinet is “is broken, has gone rogue and is shrouded in secrecy.”
During a contentious committee hearing, several lawmakers said changes may be needed in state law to ensure that officials more accurately report cases of children that result in serious injuries or death.
State officials issued a report earlier this month that said 18 Kentucky children died of abuse or neglect in the fiscal year that ended June 30 — though The Courier-Journal reported Sunday that at least eight others were omitted.
Among those left out was the case of 9-year-old Amy Dye, a Todd County girl who was beaten to death by her adoptive brother.
Three Todd County school officials told the committee Monday that the case constitutes proof that Kentucky’s most vulnerable children must be better protected.
“One thing we want to make sure of, Amy Dye’s life did count for something,” said Todd County School Supt. Michael Kenner, testifying before the committee.
Lawmakers on the committee posed a number of questions, including why Amy’s death and others like it weren’t included in the cabinet’s annual report of child deaths and serious injuries.
Kenner said school officials had repeatedly tried to alert cabinet officials to suspected abuse of Amy after the agency approved her placement in the adoptive home — but to no avail.
“We’re not reporting cases just to be reporting them,” said Kenner, who appeared with an assistant superintendent and the principal from South Todd Elementary, Amy’s school. “It hurts when we feel like the things we report are not being taken seriously.”
The school officials said that they heard nothing back from the cabinet, despite repeated calls to a phone line designated for such matters, and that they never knew the outcome of any investigations.
“Out information goes into some big dark hole,” Kenner said. “We never know what is happening.”
The purpose of Monday’s hearing was for cabinet officials to explain its annual report on child abuse and neglect fatalities, which it released Dec. 1 — three months past the deadline under state law.
But discussion of Amy’s death dominated the discussion, even though the cabinet did not include her in that report, arguing that it didn’t have to because she was killed Feb. 4 by her 17-year-old brother, not a parent.
A judge has rejected that argument as a misinterpretation of state law, as did several lawmakers Monday.
“I do think the General Assembly meant to have these kinds of cases included in this report,” Denton said.
Denton, accusing the cabinet of obstructing lawmakers and withholding information, demanded the resignation of secretary Janie Miller.
Denton noted that the cabinet missed the deadline for filing its annual child-abuse report and has continued a legal fight over disclosure of records in cases involving child abuse deaths and serious injuries long after Franklin Circuit Court Judge Phillip Shepherd first ordered their release under open records law.
“I’m calling for the resignation of the secretary,” she said. “The buck stops with the secretary.”
Miller did not attend the hearing and through a spokeswoman declined to respond directly to Denton’s demand.
“I am very disappointed that Sen. Denton has resorted to a personal attack rather than deal with these very difficult issues,” she said in a statement.
Speaking for the cabinet on her last day of the job was Patricia Wilson, commissioner of social services, who has resigned.
Wilson described in general how the cabinet conducts child abuse investigations and reports fatalities from abuse and neglect. Amy’s death, she said, was not counted as an abuse death because the law requires the cabinet to report only those deaths caused by a parent, guardian or other person exercising custodial control.
And she stopped short of saying the cabinet failed Amy when she was asked by Sen. David Givens, R-Greensburg, whether “the system” failed her.
“No I don’t believe we violated any of our policies or practices,” she said.
Some lawmakers objected to that statement.
“If Amy Dye is cold in the ground, the system failed her,” said Sen. Alice Forgy Kerr, a Lexington Republican.
Said Givens: “The death you are not counting is a death of neglect. We all need to prevent the next Amy Dye.”
Wilson said that because a sibling killed Amy her death was not included in the annual report, which lists 18 child deaths from abuse or neglect during the most recent fiscal year.
Shepherd already rejected that argument in a ruling last month, saying the death was abuse — or at a minimum — neglect by adults in the home who allowed the abuse.
“To be clear, a parent need not personally administer the fatal blow in order to be held responsible for abuse or neglect,” Shepherd said in his order that the cabinet must release its records related to Amy’s death.
State law, conforming to federal law, allows the disclosure of cabinet records in the event of a child death or serious injury from abuse or neglect.
Several lawmakers expressed skepticism about the cabinet’s refusal to count Amy’s death or other such deaths in its annual report of child abuse deaths.
Sen. Joey Pendleton, D-Hopkinsville, wondered how many other cases are not in the report.
“I want to know how many children are murdered or killed within the home by a parent or sibling,” Pendleton said.
The Courier-Journal reported Sunday that at least eight other child deaths were not included in the report — most in cases in which parents or caregivers were charged with abuse, neglect or murder. Midkiff took exception with that report, saying that child fatalities are reported “consistent with the statutes.”
Rep. Martha Jane King, D-Lewisburg, whose district includes Todd County, said after the hearing that lawmakers should act if the law needs to be clearer.
“It’s out responsibility to make sure that if there’s a loophole, we go ahead and address it,” she said.
Camille Dillingham, the principal at Amy’s school, said after the hearing that she hopes the girl’s death brings about some changes.
“She was a quiet girl, she was very loving,” Dillingham said. “She was a very good student.”
Source http://www.courier-journal.com/article/20111219/NEWS01/312190090/child-abuse-state-legislature?odyssey=nav%7Chead
FRANKFORT, KY. — At a packed committee hearing, Kentucky legislators berated the state’s top child-welfare officials Monday for failing to accurately report child-abuse fatalities.
And one lawmaker called for the resignation of the cabinet secretary who oversees Kentucky’s child-welfare programs, saying the state was withholding information.
“It concerns me the cabinet appears to have the attitude that it does not have to comply with the law, and it does not have to comply with court orders,” said Sen. Julie Denton, a Louisville Republican who is co-chairman of the interim joint Health and Welfare Committee, adding that the cabinet is “is broken, has gone rogue and is shrouded in secrecy.”
During a contentious committee hearing, several lawmakers said changes may be needed in state law to ensure that officials more accurately report cases of children that result in serious injuries or death.
State officials issued a report earlier this month that said 18 Kentucky children died of abuse or neglect in the fiscal year that ended June 30 — though The Courier-Journal reported Sunday that at least eight others were omitted.
Among those left out was the case of 9-year-old Amy Dye, a Todd County girl who was beaten to death by her adoptive brother.
Three Todd County school officials told the committee Monday that the case constitutes proof that Kentucky’s most vulnerable children must be better protected.
“One thing we want to make sure of, Amy Dye’s life did count for something,” said Todd County School Supt. Michael Kenner, testifying before the committee.
Lawmakers on the committee posed a number of questions, including why Amy’s death and others like it weren’t included in the cabinet’s annual report of child deaths and serious injuries.
Kenner said school officials had repeatedly tried to alert cabinet officials to suspected abuse of Amy after the agency approved her placement in the adoptive home — but to no avail.
“We’re not reporting cases just to be reporting them,” said Kenner, who appeared with an assistant superintendent and the principal from South Todd Elementary, Amy’s school. “It hurts when we feel like the things we report are not being taken seriously.”
The school officials said that they heard nothing back from the cabinet, despite repeated calls to a phone line designated for such matters, and that they never knew the outcome of any investigations.
“Out information goes into some big dark hole,” Kenner said. “We never know what is happening.”
The purpose of Monday’s hearing was for cabinet officials to explain its annual report on child abuse and neglect fatalities, which it released Dec. 1 — three months past the deadline under state law.
But discussion of Amy’s death dominated the discussion, even though the cabinet did not include her in that report, arguing that it didn’t have to because she was killed Feb. 4 by her 17-year-old brother, not a parent.
A judge has rejected that argument as a misinterpretation of state law, as did several lawmakers Monday.
“I do think the General Assembly meant to have these kinds of cases included in this report,” Denton said.
Denton, accusing the cabinet of obstructing lawmakers and withholding information, demanded the resignation of secretary Janie Miller.
Denton noted that the cabinet missed the deadline for filing its annual child-abuse report and has continued a legal fight over disclosure of records in cases involving child abuse deaths and serious injuries long after Franklin Circuit Court Judge Phillip Shepherd first ordered their release under open records law.
“I’m calling for the resignation of the secretary,” she said. “The buck stops with the secretary.”
Miller did not attend the hearing and through a spokeswoman declined to respond directly to Denton’s demand.
“I am very disappointed that Sen. Denton has resorted to a personal attack rather than deal with these very difficult issues,” she said in a statement.
Speaking for the cabinet on her last day of the job was Patricia Wilson, commissioner of social services, who has resigned.
Wilson described in general how the cabinet conducts child abuse investigations and reports fatalities from abuse and neglect. Amy’s death, she said, was not counted as an abuse death because the law requires the cabinet to report only those deaths caused by a parent, guardian or other person exercising custodial control.
And she stopped short of saying the cabinet failed Amy when she was asked by Sen. David Givens, R-Greensburg, whether “the system” failed her.
“No I don’t believe we violated any of our policies or practices,” she said.
Some lawmakers objected to that statement.
“If Amy Dye is cold in the ground, the system failed her,” said Sen. Alice Forgy Kerr, a Lexington Republican.
Said Givens: “The death you are not counting is a death of neglect. We all need to prevent the next Amy Dye.”
Wilson said that because a sibling killed Amy her death was not included in the annual report, which lists 18 child deaths from abuse or neglect during the most recent fiscal year.
Shepherd already rejected that argument in a ruling last month, saying the death was abuse — or at a minimum — neglect by adults in the home who allowed the abuse.
“To be clear, a parent need not personally administer the fatal blow in order to be held responsible for abuse or neglect,” Shepherd said in his order that the cabinet must release its records related to Amy’s death.
State law, conforming to federal law, allows the disclosure of cabinet records in the event of a child death or serious injury from abuse or neglect.
Several lawmakers expressed skepticism about the cabinet’s refusal to count Amy’s death or other such deaths in its annual report of child abuse deaths.
Sen. Joey Pendleton, D-Hopkinsville, wondered how many other cases are not in the report.
“I want to know how many children are murdered or killed within the home by a parent or sibling,” Pendleton said.
The Courier-Journal reported Sunday that at least eight other child deaths were not included in the report — most in cases in which parents or caregivers were charged with abuse, neglect or murder. Midkiff took exception with that report, saying that child fatalities are reported “consistent with the statutes.”
Rep. Martha Jane King, D-Lewisburg, whose district includes Todd County, said after the hearing that lawmakers should act if the law needs to be clearer.
“It’s out responsibility to make sure that if there’s a loophole, we go ahead and address it,” she said.
Camille Dillingham, the principal at Amy’s school, said after the hearing that she hopes the girl’s death brings about some changes.
“She was a quiet girl, she was very loving,” Dillingham said. “She was a very good student.”
Source http://www.courier-journal.com/article/20111219/NEWS01/312190090/child-abuse-state-legislature?odyssey=nav%7Chead
Monday, November 7, 2011
State blasted on Western Kentucky girl's slaying
Judge: Abuse ignored before brutal beating
Written by Deborah Yetter
A Franklin Circuit Court judge blasted state officials Monday for ignoring suspected prior abuse of a 9-year-old Western Kentucky girl beaten to death by her adoptive brother, saying they turned a “blind eye” to repeated reports of her horrific mistreatment.
In his second such order in four days, Judge Phillip Shepherd ordered the Cabinet for Health and Family Services to release records of child abuse death investigations — this time in the case of the Feb. 4 murder of Amythz “Amy” Dye. State officials have repeatedly refused to release such records, citing confidentiality.
“This case presents a tragic example of the potentially deadly consequences of a child welfare system that has completely insulated itself from meaningful public scrutiny,” Shepherd said in his order. “The Open Records Act is the only method available by which the public and the legislature can obtain information regarding the systematic breakdown of our child protective services that contributed so directly to this child’s death.”
The order notes cabinet officials had approved Amy’s adoptive home in Todd County, with Kimberly Dye, after removing her from her birth parents because of “severe neglect and sexual abuse.”
“An innocent, nine-year-old girl was brutally beaten to death after enduring months of physical and emotional abuse in a home approved by the Commonwealth of Kentucky for her adoption,” Shepherd wrote.
Cabinet officials received the order Monday and are reviewing it, said spokeswoman Jill Midkiff.
Garrett Dye, 17, Amy’s adoptive brother, pleaded guilty Oct. 21 in Todd Circuit Court to murdering her on Feb. 4 by beating her in the head with a jack handle. At the time, she was outside on a cold, snowy evening shoveling gravel as punishment for stealing pudding and juice from a friend’s lunch box at school, Shepherd’s order said.
Garrett Dye, who was prosecuted as an adult, will be sentenced Nov. 23.
After Amy’s death, police found the girl’s clothes in a dresser in a trailer outside the house, Shepherd’s order said. It said Amy sometimes soiled her clothes because of poor bowel control, and when she did, her adoptive mother — as punishment — forced her to go outside for clean clothes.
Shepherd’s ruling comes after The Todd County Standard sought records from the cabinet about reports of suspected abuse or neglect involving Amy. The cabinet refused to provide the records to the newspaper, initially claiming it had none; but then, after acknowledging it did have records, it claimed they were exempt from open records law.
In his ruling Monday, the judge ordered the cabinet to release the records to the paper, noting that the issues were “identical” to those raised in his ruling Thursday that the cabinet must release records of child abuse deaths and serious injuries to The Courier-Journal and the Lexington Herald Leader.
In that ruling, he excoriated the cabinet as being “so immersed in the culture of secrecy regarding these issues that it is institutionally incapable of recognizing and implementing the clear requirement of the law.”
The Louisville and Lexington newspapers are seeking the records under a law that permits the disclosure of child abuse and neglect records if a child dies or is seriously injured and if the cabinet had prior involvement with the child or family.
Ryan Craig, publisher and owner of the Todd County newspaper, said the details of Amy’s life and death — outlined in Shepherd’s order — are horrifying.
“Her death was horrible, but it seems like her life must have been just as bad,” Craig said.
He called on Gov. Steve Beshear to look into conduct of the cabinet.
“The governor needs to take a long, hard look at the cabinet,” Craig said. “I think there needs to be some housecleaning.”
At a campaign stop in Louisville Monday evening, Beshear said he hadn't read Shepherd's opinion but planned to take it up with cabinet officials.
“Certainly we are going to be reviewing that decision,” he said.
He declined to fault social service officials. “I know the cabinet works hard in the protection of children,” Beshear said.
In the five years before Amy’s death, reports of suspected abuse or neglect “flooded in,” starting the year after she was adopted by Kimberly Dye, Shepherd’s order said. Some of the reports came from school officials, including a school nurse, and some said she was being beaten by other children in the home. Yet state social workers performed cursory inquiries and took no action, his order said.
Kimberly Dye, who shared the home with her ex-husband, Christopher, could not be reached for comment. The family’s phone has been disconnected.
The reports cited by Shepherd included a May 2, 2007, letter from a school nurse detailing six separate reports she made of suspected abuse to Amy. The nurse reported injuries such as severe bruises, thumbprints on the girl’s face and scraped and peeling skin.
The nurse said Amy told her she had been hurt by another child in the home and her mother threatened to spank her if she told anyone. Amy then lived with two adoptive brothers, Garrett Dye, and an older brother not identified in Shepherd’s order.
The order said most of the abuse allegations involved the older brother, not Garrett Dye.
The cabinet dismissed the complaints as “child against child” altercations or accepted Kimberly Dye’s explanation that Amy fell or that the girl “bruises easily and plays rough with her brothers,” the order said.
“It is stunning to believe that the cabinet will refuse to protect a child from repeated acts of physical violence when the parent knows of and tolerates such abuse and does nothing to prevent it,” Shepherd’s order said. “Yet that is exactly what happened here.”
The case also appears to be the second in which the cabinet failed to conduct a fatality review required by law when a child dies or is seriously injured from abuse or neglect and the cabinet had prior involvement with the family.
The Courier-Journal and Herald-Leader filed suit in 2009, seeking the cabinet’s records of its investigation of the death of a Wayne County toddler who died after drinking drain cleaner at an alleged meth lab where he lived with his teenage parents. Both the child and his teen mother had been under the cabinet’s supervision.
The cabinet fought the newspapers’ request, citing confidentiality. After Shepherd ordered the cabinet to release the fatality report, cabinet officials acknowledged they never conducted the investigation required by state law.
In Amy’s case, cabinet officials concluded that they had no obligation to conduct such a review, Shepherd’s order said.
Attorney Jon Fleischaker, who represented the Todd County newspaper along with lawyer Jeremy Rogers, said Monday’s ruling is clear, yet the cabinet continues to litigate a battle it lost in 2010 when Shepherd first ordered it to release such records.
“They are using tax dollars to defend the indefensible,” said Fleischaker, who also represents The Courier-Journal.
Source http://www.courier-journal.com/article/20111107/NEWS01/311070081/State-blasted-Western-Kentucky-girl-s-slaying?odyssey=tab%7Ctopnews%7Ctext%7CHome
Written by Deborah Yetter
A Franklin Circuit Court judge blasted state officials Monday for ignoring suspected prior abuse of a 9-year-old Western Kentucky girl beaten to death by her adoptive brother, saying they turned a “blind eye” to repeated reports of her horrific mistreatment.
In his second such order in four days, Judge Phillip Shepherd ordered the Cabinet for Health and Family Services to release records of child abuse death investigations — this time in the case of the Feb. 4 murder of Amythz “Amy” Dye. State officials have repeatedly refused to release such records, citing confidentiality.
“This case presents a tragic example of the potentially deadly consequences of a child welfare system that has completely insulated itself from meaningful public scrutiny,” Shepherd said in his order. “The Open Records Act is the only method available by which the public and the legislature can obtain information regarding the systematic breakdown of our child protective services that contributed so directly to this child’s death.”
The order notes cabinet officials had approved Amy’s adoptive home in Todd County, with Kimberly Dye, after removing her from her birth parents because of “severe neglect and sexual abuse.”
“An innocent, nine-year-old girl was brutally beaten to death after enduring months of physical and emotional abuse in a home approved by the Commonwealth of Kentucky for her adoption,” Shepherd wrote.
Cabinet officials received the order Monday and are reviewing it, said spokeswoman Jill Midkiff.
Garrett Dye, 17, Amy’s adoptive brother, pleaded guilty Oct. 21 in Todd Circuit Court to murdering her on Feb. 4 by beating her in the head with a jack handle. At the time, she was outside on a cold, snowy evening shoveling gravel as punishment for stealing pudding and juice from a friend’s lunch box at school, Shepherd’s order said.
Garrett Dye, who was prosecuted as an adult, will be sentenced Nov. 23.
After Amy’s death, police found the girl’s clothes in a dresser in a trailer outside the house, Shepherd’s order said. It said Amy sometimes soiled her clothes because of poor bowel control, and when she did, her adoptive mother — as punishment — forced her to go outside for clean clothes.
Shepherd’s ruling comes after The Todd County Standard sought records from the cabinet about reports of suspected abuse or neglect involving Amy. The cabinet refused to provide the records to the newspaper, initially claiming it had none; but then, after acknowledging it did have records, it claimed they were exempt from open records law.
In his ruling Monday, the judge ordered the cabinet to release the records to the paper, noting that the issues were “identical” to those raised in his ruling Thursday that the cabinet must release records of child abuse deaths and serious injuries to The Courier-Journal and the Lexington Herald Leader.
In that ruling, he excoriated the cabinet as being “so immersed in the culture of secrecy regarding these issues that it is institutionally incapable of recognizing and implementing the clear requirement of the law.”
The Louisville and Lexington newspapers are seeking the records under a law that permits the disclosure of child abuse and neglect records if a child dies or is seriously injured and if the cabinet had prior involvement with the child or family.
Ryan Craig, publisher and owner of the Todd County newspaper, said the details of Amy’s life and death — outlined in Shepherd’s order — are horrifying.
“Her death was horrible, but it seems like her life must have been just as bad,” Craig said.
He called on Gov. Steve Beshear to look into conduct of the cabinet.
“The governor needs to take a long, hard look at the cabinet,” Craig said. “I think there needs to be some housecleaning.”
At a campaign stop in Louisville Monday evening, Beshear said he hadn't read Shepherd's opinion but planned to take it up with cabinet officials.
“Certainly we are going to be reviewing that decision,” he said.
He declined to fault social service officials. “I know the cabinet works hard in the protection of children,” Beshear said.
In the five years before Amy’s death, reports of suspected abuse or neglect “flooded in,” starting the year after she was adopted by Kimberly Dye, Shepherd’s order said. Some of the reports came from school officials, including a school nurse, and some said she was being beaten by other children in the home. Yet state social workers performed cursory inquiries and took no action, his order said.
Kimberly Dye, who shared the home with her ex-husband, Christopher, could not be reached for comment. The family’s phone has been disconnected.
The reports cited by Shepherd included a May 2, 2007, letter from a school nurse detailing six separate reports she made of suspected abuse to Amy. The nurse reported injuries such as severe bruises, thumbprints on the girl’s face and scraped and peeling skin.
The nurse said Amy told her she had been hurt by another child in the home and her mother threatened to spank her if she told anyone. Amy then lived with two adoptive brothers, Garrett Dye, and an older brother not identified in Shepherd’s order.
The order said most of the abuse allegations involved the older brother, not Garrett Dye.
The cabinet dismissed the complaints as “child against child” altercations or accepted Kimberly Dye’s explanation that Amy fell or that the girl “bruises easily and plays rough with her brothers,” the order said.
“It is stunning to believe that the cabinet will refuse to protect a child from repeated acts of physical violence when the parent knows of and tolerates such abuse and does nothing to prevent it,” Shepherd’s order said. “Yet that is exactly what happened here.”
The case also appears to be the second in which the cabinet failed to conduct a fatality review required by law when a child dies or is seriously injured from abuse or neglect and the cabinet had prior involvement with the family.
The Courier-Journal and Herald-Leader filed suit in 2009, seeking the cabinet’s records of its investigation of the death of a Wayne County toddler who died after drinking drain cleaner at an alleged meth lab where he lived with his teenage parents. Both the child and his teen mother had been under the cabinet’s supervision.
The cabinet fought the newspapers’ request, citing confidentiality. After Shepherd ordered the cabinet to release the fatality report, cabinet officials acknowledged they never conducted the investigation required by state law.
In Amy’s case, cabinet officials concluded that they had no obligation to conduct such a review, Shepherd’s order said.
Attorney Jon Fleischaker, who represented the Todd County newspaper along with lawyer Jeremy Rogers, said Monday’s ruling is clear, yet the cabinet continues to litigate a battle it lost in 2010 when Shepherd first ordered it to release such records.
“They are using tax dollars to defend the indefensible,” said Fleischaker, who also represents The Courier-Journal.
Source http://www.courier-journal.com/article/20111107/NEWS01/311070081/State-blasted-Western-Kentucky-girl-s-slaying?odyssey=tab%7Ctopnews%7Ctext%7CHome
Thursday, November 3, 2011
Judge orders Kentucky to release records on child-abuse deaths
Written by Deborah Yetter
For the second time in 18 months, a Franklin Circuit Court judge has ordered the state to release records pertaining to child-abuse deaths and serious injuries, finding that there is “no legal basis” for withholding them.
“The court must conclude that the (Cabinet for Health and Family Services) is so immersed in the culture of secrecy regarding these issues that it is institutionally incapable of recognizing and implementing the clear requirement of the law,” Judge Phillip Shepherd said in his ruling, issued Thursday.
The decision comes after a lengthy court fight by The Courier-Journal and the Lexington Herald-Leader to obtain the records — and more than a year after Shepherd first ruled that the cabinet must disclose the material.
After that decision, the cabinet released some information about the death of a Wayne County toddler who drank drain cleaner at an alleged methamphetamine laboratory. But the cabinet refused to provide the newspapers with information about other child-abuse deaths.
A 2009 Courier-Journal investigation found that nearly 270 Kentucky children had died of abuse or neglect during the past decade — more than half in cases in which state officials knew of or suspected problems.
Thursday’s ruling is a major open-records victory for the newspapers and the public because it forces the cabinet to disclose details of how well the state does its job of protecting children from severe abuse, said Jon Fleischaker, a lawyer for The Courier-Journal.
“It’s about time the cabinet recognizes that it is not above the law,” Fleischaker said. “It has to comply with the mandate of state and federal law. This is not a difficult issue.”
Cabinet officials released a brief statement Thursday saying that they are reviewing the ruling. They gave no indication when they would release the records.
Fleischaker said the cabinet could appeal but added that he doubts it would succeed because Shepherd found for the newspapers in the virtually identical case last year. The cabinet did not appeal that ruling, making the decision final.
Fleischaker called on Gov. Steve Beshear to direct officials at the cabinet to comply with the court’s ruling.
“We now have a judge talking about the inability of the cabinet to understand its legal obligations,” Flesichaker said. “Maybe the governor needs to step in. He probably should have stepped in before this.”
Beshear spokeswoman Kerri Richardson didn’t respond to a question about whether Beshear will get involved. She said in a statement only that the cabinet is reviewing the decision.
Terry Brooks, executive director of Kentucky Youth Advocates, said Thursday’s ruling has important ramifications.
“It’s not just a win for the press,” Brooks said. “It’s a win for kids and for citizens who are taking a look at this issue.”
In his opinion, Shepherd had harsh words for cabinet officials who have consistently fought releasing material the newpapers sought after several highly publicized child abuse or neglect deaths, including the 2009 case of the Wayne County toddler.
His order said the cabinet “misinterpreted” state law and “continues to flatly ignore” provisions that require it to disclose the records.
“The release of these records will help to keep the cabinet accountable to prevent future tragedies and to answer to taxpayers who fund the cabinet,” it said.
State law — conforming to federal law — says such records may be “publicly disclosed” in cases in which a child was killed or severely injured from abuse or neglect if the cabinet had involvement with the family. But in recent years, cabinet officials have refused to release such material, citing the need for confidentiality.
Shepherd’s order noted the “exact issues” in the current case were already addressed in the initial lawsuit filed by the newpapers in 2009.
In that case, Shepherd ruled in May 2010 that the cabinet must release records related to the death of Kayden Daniels, the 20-month-old Wayne County boy who died at the home of his teenage parents, the site of the alleged meth lab. Both the child and his mother, then 14, had been under supervision of the cabinet before the death.
Records sought by the newspapers included a “fatality report” that the cabinet is required by law to conduct, examining the circumstances of the child’s death and actions of cabinet officials involved with the family. After Shepherd ordered the cabinet to release the report, agency officials acknowledged they had never conducted the review or produced such a report.
Shepherd ordered the release of other cabinet records in the case, such as documents relatging to state contacts with the family, the cabinet disclosed.
But it refused subsequent requests for information about other child-abuse deaths. That prompted the newspapers to file a second lawsuit in January, asking Shepherd to order the cabinet to comply with his previous order.
Shepherd, in Thursday’s ruling, also struck down “emergency regulations” that cabinet officials enacted in January seeking to sharply restrict the information it must release about child deaths and injuries. Shepherd’s order found no basis in state law for the regulations.
Because the newspapers had requested records related to child deaths for the past several years, such records are likely to be voluminous and could impose a “substantial administrative burden on the cabinet,” Shepherd’s order said.
For that reason, Shepherd ordered the cabinet to meet with the newspapers within the next 10 days to try to reach an agreement on the “orderly and timely production of the records.”
If the parties can’t agree, Shepherd’s order said he will hold a hearing on the matter and spell out the “time, place and manner of production.”
Shepherd also reserved a ruling on the newspapers’ request for attorneys fees until the other issues are resolved.
He already has awarded the newspapers $20,700 in legal costs from the first round of litigation. The cabinet has appealed that order.
Fleischaker called on Gov. Steve Beshear to direct officials at the cabinet to comply with the court’s ruling.
“We now have a judge talking about the inability of the cabinet to understand its legal obligations,” Flesichaker said. “Maybe the governor needs to step in. He probably should have stepped in before this.”
Beshear spokeswoman Kerri Richardson didn’t respond to a question about whether Beshear will get involved. She said in a statement only that the cabinet is reviewing the decision.
Terry Brooks, executive director of Kentucky Youth Advocates, said Thursday’s ruling has important ramifications.
“It’s not just a win for the press,” Brooks said. “It’s a win for kids and for citizens who are taking a look at this issue.”
In his opinion, Shepherd had harsh words for cabinet officials who have consistently fought releasing material the newpapers sought after several highly publicized child abuse or neglect deaths, including the 2009 case of the Wayne County toddler.
His order said the cabinet “misinterpreted” state law and “continues to flatly ignore” provisions that require it to disclose the records.
“The release of these records will help to keep the cabinet accountable to prevent future tragedies and to answer to taxpayers who fund the cabinet,” it said.
State law — conforming to federal law — says such records may be “publicly disclosed” in cases in which a child was killed or severely injured from abuse or neglect if the cabinet had involvement with the family. But in recent years, cabinet officials have refused to release such material, citing the need for confidentiality.
Shepherd’s order noted the “exact issues” in the current case were already addressed in the initial lawsuit filed by the newpapers in 2009.
In that case, Shepherd ruled in May 2010 that the cabinet must release records related to the death of Kayden Daniels, the 20-month-old Wayne County boy who died at the home of his teenage parents, the site of the alleged meth lab. Both the child and his mother, then 14, had been under supervision of the cabinet before the death.
Records sought by the newspapers included a “fatality report” that the cabinet is required by law to conduct, examining the circumstances of the child’s death and actions of cabinet officials involved with the family. After Shepherd ordered the cabinet to release the report, agency officials acknowledged they had never conducted the review or produced such a report.
Shepherd ordered the release of other cabinet records in the case, such as documents relatging to state contacts with the family, the cabinet disclosed.
But it refused subsequent requests for information about other child-abuse deaths. That prompted the newspapers to file a second lawsuit in January, asking Shepherd to order the cabinet to comply with his previous order.
Shepherd, in Thursday’s ruling, also struck down “emergency regulations” that cabinet officials enacted in January seeking to sharply restrict the information it must release about child deaths and injuries. Shepherd’s order found no basis in state law for the regulations.
Because the newspapers had requested records related to child deaths for the past several years, such records are likely to be voluminous and could impose a “substantial administrative burden on the cabinet,” Shepherd’s order said.
For that reason, Shepherd ordered the cabinet to meet with the newspapers within the next 10 days to try to reach an agreement on the “orderly and timely production of the records.”
If the parties can’t agree, Shepherd’s order said he will hold a hearing on the matter and spell out the “time, place and manner of production.”
Shepherd also reserved a ruling on the newspapers’ request for attorneys fees until the other issues are resolved.
He already has awarded the newspapers $20,700 in legal costs from the first round of litigation. The cabinet has appealed that order.
Source http://www.courier-journal.com/article/20111103/NEWS01/311030033/Judge-orders-Kentucky-release-records-child-abuse-deaths?odyssey=nav%7Chead
For the second time in 18 months, a Franklin Circuit Court judge has ordered the state to release records pertaining to child-abuse deaths and serious injuries, finding that there is “no legal basis” for withholding them.
“The court must conclude that the (Cabinet for Health and Family Services) is so immersed in the culture of secrecy regarding these issues that it is institutionally incapable of recognizing and implementing the clear requirement of the law,” Judge Phillip Shepherd said in his ruling, issued Thursday.
The decision comes after a lengthy court fight by The Courier-Journal and the Lexington Herald-Leader to obtain the records — and more than a year after Shepherd first ruled that the cabinet must disclose the material.
After that decision, the cabinet released some information about the death of a Wayne County toddler who drank drain cleaner at an alleged methamphetamine laboratory. But the cabinet refused to provide the newspapers with information about other child-abuse deaths.
A 2009 Courier-Journal investigation found that nearly 270 Kentucky children had died of abuse or neglect during the past decade — more than half in cases in which state officials knew of or suspected problems.
Thursday’s ruling is a major open-records victory for the newspapers and the public because it forces the cabinet to disclose details of how well the state does its job of protecting children from severe abuse, said Jon Fleischaker, a lawyer for The Courier-Journal.
“It’s about time the cabinet recognizes that it is not above the law,” Fleischaker said. “It has to comply with the mandate of state and federal law. This is not a difficult issue.”
Cabinet officials released a brief statement Thursday saying that they are reviewing the ruling. They gave no indication when they would release the records.
Fleischaker said the cabinet could appeal but added that he doubts it would succeed because Shepherd found for the newspapers in the virtually identical case last year. The cabinet did not appeal that ruling, making the decision final.
Fleischaker called on Gov. Steve Beshear to direct officials at the cabinet to comply with the court’s ruling.
“We now have a judge talking about the inability of the cabinet to understand its legal obligations,” Flesichaker said. “Maybe the governor needs to step in. He probably should have stepped in before this.”
Beshear spokeswoman Kerri Richardson didn’t respond to a question about whether Beshear will get involved. She said in a statement only that the cabinet is reviewing the decision.
Terry Brooks, executive director of Kentucky Youth Advocates, said Thursday’s ruling has important ramifications.
“It’s not just a win for the press,” Brooks said. “It’s a win for kids and for citizens who are taking a look at this issue.”
In his opinion, Shepherd had harsh words for cabinet officials who have consistently fought releasing material the newpapers sought after several highly publicized child abuse or neglect deaths, including the 2009 case of the Wayne County toddler.
His order said the cabinet “misinterpreted” state law and “continues to flatly ignore” provisions that require it to disclose the records.
“The release of these records will help to keep the cabinet accountable to prevent future tragedies and to answer to taxpayers who fund the cabinet,” it said.
State law — conforming to federal law — says such records may be “publicly disclosed” in cases in which a child was killed or severely injured from abuse or neglect if the cabinet had involvement with the family. But in recent years, cabinet officials have refused to release such material, citing the need for confidentiality.
Shepherd’s order noted the “exact issues” in the current case were already addressed in the initial lawsuit filed by the newpapers in 2009.
In that case, Shepherd ruled in May 2010 that the cabinet must release records related to the death of Kayden Daniels, the 20-month-old Wayne County boy who died at the home of his teenage parents, the site of the alleged meth lab. Both the child and his mother, then 14, had been under supervision of the cabinet before the death.
Records sought by the newspapers included a “fatality report” that the cabinet is required by law to conduct, examining the circumstances of the child’s death and actions of cabinet officials involved with the family. After Shepherd ordered the cabinet to release the report, agency officials acknowledged they had never conducted the review or produced such a report.
Shepherd ordered the release of other cabinet records in the case, such as documents relatging to state contacts with the family, the cabinet disclosed.
But it refused subsequent requests for information about other child-abuse deaths. That prompted the newspapers to file a second lawsuit in January, asking Shepherd to order the cabinet to comply with his previous order.
Shepherd, in Thursday’s ruling, also struck down “emergency regulations” that cabinet officials enacted in January seeking to sharply restrict the information it must release about child deaths and injuries. Shepherd’s order found no basis in state law for the regulations.
Because the newspapers had requested records related to child deaths for the past several years, such records are likely to be voluminous and could impose a “substantial administrative burden on the cabinet,” Shepherd’s order said.
For that reason, Shepherd ordered the cabinet to meet with the newspapers within the next 10 days to try to reach an agreement on the “orderly and timely production of the records.”
If the parties can’t agree, Shepherd’s order said he will hold a hearing on the matter and spell out the “time, place and manner of production.”
Shepherd also reserved a ruling on the newspapers’ request for attorneys fees until the other issues are resolved.
He already has awarded the newspapers $20,700 in legal costs from the first round of litigation. The cabinet has appealed that order.
Fleischaker called on Gov. Steve Beshear to direct officials at the cabinet to comply with the court’s ruling.
“We now have a judge talking about the inability of the cabinet to understand its legal obligations,” Flesichaker said. “Maybe the governor needs to step in. He probably should have stepped in before this.”
Beshear spokeswoman Kerri Richardson didn’t respond to a question about whether Beshear will get involved. She said in a statement only that the cabinet is reviewing the decision.
Terry Brooks, executive director of Kentucky Youth Advocates, said Thursday’s ruling has important ramifications.
“It’s not just a win for the press,” Brooks said. “It’s a win for kids and for citizens who are taking a look at this issue.”
In his opinion, Shepherd had harsh words for cabinet officials who have consistently fought releasing material the newpapers sought after several highly publicized child abuse or neglect deaths, including the 2009 case of the Wayne County toddler.
His order said the cabinet “misinterpreted” state law and “continues to flatly ignore” provisions that require it to disclose the records.
“The release of these records will help to keep the cabinet accountable to prevent future tragedies and to answer to taxpayers who fund the cabinet,” it said.
State law — conforming to federal law — says such records may be “publicly disclosed” in cases in which a child was killed or severely injured from abuse or neglect if the cabinet had involvement with the family. But in recent years, cabinet officials have refused to release such material, citing the need for confidentiality.
Shepherd’s order noted the “exact issues” in the current case were already addressed in the initial lawsuit filed by the newpapers in 2009.
In that case, Shepherd ruled in May 2010 that the cabinet must release records related to the death of Kayden Daniels, the 20-month-old Wayne County boy who died at the home of his teenage parents, the site of the alleged meth lab. Both the child and his mother, then 14, had been under supervision of the cabinet before the death.
Records sought by the newspapers included a “fatality report” that the cabinet is required by law to conduct, examining the circumstances of the child’s death and actions of cabinet officials involved with the family. After Shepherd ordered the cabinet to release the report, agency officials acknowledged they had never conducted the review or produced such a report.
Shepherd ordered the release of other cabinet records in the case, such as documents relatging to state contacts with the family, the cabinet disclosed.
But it refused subsequent requests for information about other child-abuse deaths. That prompted the newspapers to file a second lawsuit in January, asking Shepherd to order the cabinet to comply with his previous order.
Shepherd, in Thursday’s ruling, also struck down “emergency regulations” that cabinet officials enacted in January seeking to sharply restrict the information it must release about child deaths and injuries. Shepherd’s order found no basis in state law for the regulations.
Because the newspapers had requested records related to child deaths for the past several years, such records are likely to be voluminous and could impose a “substantial administrative burden on the cabinet,” Shepherd’s order said.
For that reason, Shepherd ordered the cabinet to meet with the newspapers within the next 10 days to try to reach an agreement on the “orderly and timely production of the records.”
If the parties can’t agree, Shepherd’s order said he will hold a hearing on the matter and spell out the “time, place and manner of production.”
Shepherd also reserved a ruling on the newspapers’ request for attorneys fees until the other issues are resolved.
He already has awarded the newspapers $20,700 in legal costs from the first round of litigation. The cabinet has appealed that order.
Source http://www.courier-journal.com/article/20111103/NEWS01/311030033/Judge-orders-Kentucky-release-records-child-abuse-deaths?odyssey=nav%7Chead
Wednesday, August 24, 2011
More Evidence Of Corruption In Family Court - Kentucky
With this kind of stuff going on, how can any parent or family member expect to have a fair and impartial hearing on matters involving their children? It is sickening how the judge speaks to this parent.
Click here to read a PDF file of a court filing in this case.
Click here to read a PDF file of a court filing in this case.
Wednesday, August 17, 2011
Newspapers accuse state of illegally withholding child-death records
By Beth Musgrave — bmusgrave@herald-leader.com
Posted: 7:43pm on Aug 17, 2011; Modified: 10:18pm on Aug 17, 2011
FRANKFORT — A lawyer for Kentucky's two largest newspapers told a Franklin Circuit Court judge Wednesday that the state was "thumbing its nose at the law" by withholding records relating to the deaths of abused and neglected children.
"They are acting illegally and they are doing it in a brazen fashion," said Jon Fleischaker, a lawyer representing the Lexington Herald-Leader and The Courier-Journal of Louisville.
Fleischaker's comments came during a hearing about whether the Cabinet for Health and Family Services, which oversees child protection, must turn over records regarding children who died of abuse and neglect while under the state's care. This is the second time in two years the newspapers have sued the cabinet to get such records.
Cabinet officials said Wednesday there were about 44 cases during the past two years that involved children who died or were nearly killed as a result of abuse and neglect while under the cabinet's supervision.
Meanwhile, a convicted murderer and four anonymous women tried to intervene in the case, saying release of the records would harm a legal appeal or violate privacy rights.
Fayette Commonwealth's Attorney Ray Larson also wrote a letter to Judge Phillip Shepherd expressing concerns about the release of child death documents. Larson said it could prejudice a jury if documents were released about the death of Katelynn Stinnett, a 2-year-old Fayette County girl. Brian Crabtree, who lived with Stinnett's father at the time of her death on Nov. 26, 2008, has been charged with rape and murder.
Shepherd on Wednesday allowed Patrick Watkins to intervene in the case.
Watkins and his wife were sentenced to life in prison in October 2008 for the murder of their daughter Michaela Watkins, 10. The Clark County girl's body was found severely bruised and burned on March 11, 2007, at the Watkinses' apartment. She had more than 77 injuries at the time of her death.
B. Scott West, a lawyer for Watkins, argued that Watkins could be granted a new trial and that releasing the cabinet's documents regarding Michaela could prejudice a jury. The state Supreme Court has overturned part of the case against Watkins but the Supreme Court's decision is not final yet.
Scott White, a Lexington lawyer, also filed a motion to intervene in the case on behalf of four anonymous women who say their privacy rights would be violated if the information requested by the media was made public. White said the four women had been investigated for abuse and neglect of their children.
Fleischaker questioned why the women could file to intervene in the case without telling the court who they were. There is no provision in the law that would allow the women to do so, he said.
White argued that their privacy rights would be violated if he revealed their identities before Shepherd ruled on whether they had a right to intervene. Shepherd said he would rule soon on whether the women could file to intervene as "Jane Does."
Fleischaker also argued Wednesday that the cabinet was purposely dragging its feet on releasing records regarding child deaths, despite a previous order by Shepherd that declared similar documents were public. The cabinet has engaged in a series of moves to thwart the media's attempts to get those records, lawyers for the media have argued.
Brent Irvin, a lawyer for the cabinet, said the cabinet was not trying to circumvent the law. The cabinet still thinks federal law prohibits it from releasing some of the records.
If the cabinet releases information that the U.S. Department of Health and Human Services says is private, the state fears it could lose federal child protection funding, Irvin said.
Shepherd asked whether any state had ever lost federal funding because of the release of information about child deaths. Irvin said he was not sure.
Both newspapers sued the cabinet in 2010 to get access to records regarding the death of Kayden Branham, a 20-month-old Wayne County toddler who died after drinking drain cleaner used to make methamphetamine. He and his teen mother had been under cabinet supervision before his death.
After Shepherd made public the documents regarding Branham's death, both newspapers filed requests to get records about other children who have died of abuse and neglect while under the cabinet's care.
The cabinet denied both requests and then filed an emergency state regulation that limited the amount of information it could release about child deaths. The media sued the cabinet again in state court in January, but the cabinet had the case transferred to federal court. A federal court judge later ruled that the case involved state law, not federal law, and returned it to Shepherd's court.
Fleischaker argued that the issues before the court Wednesday were the same as those in the case involving Kayden Branham. The cabinet did not appeal Shepherd's previous ruling, Fleischaker noted.
"They don't care what the law is," Fleischaker said of the cabinet.
Irvin countered that there are still unanswered questions about what should be released to the public.
Shepherd released some of the information involving Kayden's death after he reviewed the file, but he did not tell the cabinet what information he chose not to release, Irvin said.
Shepherd said Wednesday that he released all of the information about Kayden Branham and his mother. The only records he did not release were about another minor related to Kayden Bran ham's mother.
Source: http://www.kentucky.com/2011/08/17/1849003/newspapers-accuse-state-of-illegally.html
Posted: 7:43pm on Aug 17, 2011; Modified: 10:18pm on Aug 17, 2011
FRANKFORT — A lawyer for Kentucky's two largest newspapers told a Franklin Circuit Court judge Wednesday that the state was "thumbing its nose at the law" by withholding records relating to the deaths of abused and neglected children.
"They are acting illegally and they are doing it in a brazen fashion," said Jon Fleischaker, a lawyer representing the Lexington Herald-Leader and The Courier-Journal of Louisville.
Fleischaker's comments came during a hearing about whether the Cabinet for Health and Family Services, which oversees child protection, must turn over records regarding children who died of abuse and neglect while under the state's care. This is the second time in two years the newspapers have sued the cabinet to get such records.
Cabinet officials said Wednesday there were about 44 cases during the past two years that involved children who died or were nearly killed as a result of abuse and neglect while under the cabinet's supervision.
Meanwhile, a convicted murderer and four anonymous women tried to intervene in the case, saying release of the records would harm a legal appeal or violate privacy rights.
Fayette Commonwealth's Attorney Ray Larson also wrote a letter to Judge Phillip Shepherd expressing concerns about the release of child death documents. Larson said it could prejudice a jury if documents were released about the death of Katelynn Stinnett, a 2-year-old Fayette County girl. Brian Crabtree, who lived with Stinnett's father at the time of her death on Nov. 26, 2008, has been charged with rape and murder.
Shepherd on Wednesday allowed Patrick Watkins to intervene in the case.
Watkins and his wife were sentenced to life in prison in October 2008 for the murder of their daughter Michaela Watkins, 10. The Clark County girl's body was found severely bruised and burned on March 11, 2007, at the Watkinses' apartment. She had more than 77 injuries at the time of her death.
B. Scott West, a lawyer for Watkins, argued that Watkins could be granted a new trial and that releasing the cabinet's documents regarding Michaela could prejudice a jury. The state Supreme Court has overturned part of the case against Watkins but the Supreme Court's decision is not final yet.
Scott White, a Lexington lawyer, also filed a motion to intervene in the case on behalf of four anonymous women who say their privacy rights would be violated if the information requested by the media was made public. White said the four women had been investigated for abuse and neglect of their children.
Fleischaker questioned why the women could file to intervene in the case without telling the court who they were. There is no provision in the law that would allow the women to do so, he said.
White argued that their privacy rights would be violated if he revealed their identities before Shepherd ruled on whether they had a right to intervene. Shepherd said he would rule soon on whether the women could file to intervene as "Jane Does."
Fleischaker also argued Wednesday that the cabinet was purposely dragging its feet on releasing records regarding child deaths, despite a previous order by Shepherd that declared similar documents were public. The cabinet has engaged in a series of moves to thwart the media's attempts to get those records, lawyers for the media have argued.
Brent Irvin, a lawyer for the cabinet, said the cabinet was not trying to circumvent the law. The cabinet still thinks federal law prohibits it from releasing some of the records.
If the cabinet releases information that the U.S. Department of Health and Human Services says is private, the state fears it could lose federal child protection funding, Irvin said.
Shepherd asked whether any state had ever lost federal funding because of the release of information about child deaths. Irvin said he was not sure.
Both newspapers sued the cabinet in 2010 to get access to records regarding the death of Kayden Branham, a 20-month-old Wayne County toddler who died after drinking drain cleaner used to make methamphetamine. He and his teen mother had been under cabinet supervision before his death.
After Shepherd made public the documents regarding Branham's death, both newspapers filed requests to get records about other children who have died of abuse and neglect while under the cabinet's care.
The cabinet denied both requests and then filed an emergency state regulation that limited the amount of information it could release about child deaths. The media sued the cabinet again in state court in January, but the cabinet had the case transferred to federal court. A federal court judge later ruled that the case involved state law, not federal law, and returned it to Shepherd's court.
Fleischaker argued that the issues before the court Wednesday were the same as those in the case involving Kayden Branham. The cabinet did not appeal Shepherd's previous ruling, Fleischaker noted.
"They don't care what the law is," Fleischaker said of the cabinet.
Irvin countered that there are still unanswered questions about what should be released to the public.
Shepherd released some of the information involving Kayden's death after he reviewed the file, but he did not tell the cabinet what information he chose not to release, Irvin said.
Shepherd said Wednesday that he released all of the information about Kayden Branham and his mother. The only records he did not release were about another minor related to Kayden Bran ham's mother.
Source: http://www.kentucky.com/2011/08/17/1849003/newspapers-accuse-state-of-illegally.html
Police: Youth Home Worker Admits To Sex Abuse
By Jay Ditzer/WLKY.com
LOUISVILLE, Ky. -- A Louisville man is facing multiple sex abuse charges after police said he told them he abused a juvenile foster child in his care.
According to arrest records, 55-year-old Lyle C. Kenobbie turned himself in to Metro Police around 10 p.m. Monday.
Police said Kenobbie admitted he sodomized and fondled a child in his custody.
Kenobbie told police he is suicidal, according to arrest records.
Kenobbie is employed by Boys Haven of Louisville, according to arrest records.
He is charged with four counts of third-degree sodomy and two counts of first-degree sexual abuse.
On Tuesday afternoon, Boys and Girls Haven CEO Jeff Hadley released a statement regarding Kenobbie's arrest:
"We are saddened by the allegations against Mr. Kenobbie, and we accepted his resignation last night.
"For more than 60 years, Boys and Girls Haven has been deeply committed to protecting thousands of vulnerable children. We absolutely do not tolerate any behavior, alleged or substantiated, that compromises that trust.
"Mr. Kenobbie had been a long-time employee, serving as a food services supervisor. Three months ago, he became a foster parent for our agency after completing a battery of background checks.
"Our thoughts and concerns are with the young person involved. We will continue to work cooperatively with state child-welfare officials and law-enforcement personnel in this matter."
Source: http://www.wlky.com/news-archives/28881260/detail.html
LOUISVILLE, Ky. -- A Louisville man is facing multiple sex abuse charges after police said he told them he abused a juvenile foster child in his care.
According to arrest records, 55-year-old Lyle C. Kenobbie turned himself in to Metro Police around 10 p.m. Monday.
Police said Kenobbie admitted he sodomized and fondled a child in his custody.
Kenobbie told police he is suicidal, according to arrest records.
Kenobbie is employed by Boys Haven of Louisville, according to arrest records.
He is charged with four counts of third-degree sodomy and two counts of first-degree sexual abuse.
On Tuesday afternoon, Boys and Girls Haven CEO Jeff Hadley released a statement regarding Kenobbie's arrest:
"We are saddened by the allegations against Mr. Kenobbie, and we accepted his resignation last night.
"For more than 60 years, Boys and Girls Haven has been deeply committed to protecting thousands of vulnerable children. We absolutely do not tolerate any behavior, alleged or substantiated, that compromises that trust.
"Mr. Kenobbie had been a long-time employee, serving as a food services supervisor. Three months ago, he became a foster parent for our agency after completing a battery of background checks.
"Our thoughts and concerns are with the young person involved. We will continue to work cooperatively with state child-welfare officials and law-enforcement personnel in this matter."
Source: http://www.wlky.com/news-archives/28881260/detail.html
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