Judge on emaciated child: Didn’t anyone notice?

Blogger Note:

Now here is a judge that realizes that there are many people culpable in situations where a child is being abused but those in authroity look the other way. Way to go Judge!

CPS is such a failure as is many of the mandated reporters and it amazes me that the federal government continues to fund CPS.

Now, if we could only find a judge that will put a stop to this money machine that could care a less about children!
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As the case of a 9-year-old boy with malnutrition continued in juvenile court, the emphasis shifted away from the boy’s parents and toward the actions of others who saw him.

By Carol Marbin Miller

Though Marsee Strong and Edward Bailey remain in Miami-Dade jails on aggravated child abuse charges, an inquiry Wednesday into the welfare of their 9-year-old son focused largely on the role of the doctors, therapists and investigators who were intimately involved with the family — yet failed to notice that the boy was profoundly malnourished and displaying visible signs of abuse.

Circuit Judge Cindy Lederman, who presides over child welfare cases at the county’s Children’s Courthouse in Allapattah, had an unusual hearing in the case Wednesday, requiring administrators with the Department of Children & Families to provide a detailed timeline of the agency’s involvement with the parents, as well as the involvement of other professionals. The 9-year-old, who is one of the family’s six children, was picked up by police last week after he was found wandering his North Miami Beach neighborhood naked, emaciated and sporting an injured eye.

“I still don’t understand how the child could get in this condition, how nothing was done, or inadequate things were being done,” Lederman said during the hearing.

The boy, who was described as having the frame of a 3-year-old, remains in the hospital, where doctors are fighting the effects of malnutrition, said DCF’s attorney, Christine Lopez-Acevedo. “He’s doing better,” Lopez-Acevedo said.

Officially, the children have been under the supervision of DCF since 2002, when a physical abuse report to the state’s abuse and neglect hotline led the agency to take custody of them. They remained in DCF’s care until 2004, when they were returned to Strong and Bailey. DCF retained jurisdiction over the case since then.

DCF’s attorney, Lopez-Acevedo, told Lederman the agency had substantial contact with the family in the ensuing years, though it appears much of the scrutiny concerned one of the 9-year-old’s older sisters, who has had significant involvement with the state’s juvenile justice system, and does not currently live with the family. Though investigators had spoken with the family several times over the past two years, no allegations emerged that Strong or Bailey had mistreated the kids, Lopez-Acevedo said.

Indeed, in June of last year Strong asked DCF for help in raising the children, Lopez-Acevedo said.

Neither the 9-year-old nor his siblings are being named by The Miami Herald to protect their privacy.

At Wednesday’s hearing, Lopez-Acevedo did not accuse the parents of mistreating their children. She said the 9-year-old at the center of the case appears to suffer from poorly understood psychiatric and medical conditions that cause him to eat excessively, and then vomit. Though police described him as horrifically malnourished — he weighed only 35 pounds at age 9, and Lederman said in court last week that he looked like a concentration camp survivor with protruding bones — the boy had been under the regular care of pediatricians and mental health workers, Acevedo said.

“There were a number of eyes on this child, and the [state child-abuse hotline] reports that came in did not include the possibility that he was not being fed in the home,” Acevedo told the judge. “To the naked eye, with his clothes on, you could not necessarily tell this child was suffering from malnutrition.”

Rita Doval, a nurse with the state’s Child Protection Team who interviewed the children, said the kids assured her they were well-fed at home. The 9-year-old said that his parents sometimes withheld food from him, but Doval said the parents contend they were told by other doctors to regulate what the boy ate because he would sometimes eat until he made himself sick. Though the withholding of food may have seemed like a punishment, Doval said, it was intended to protect him.

A court-appointed psychologist, Michael DiTomasso, said neither the 9-year-old nor his siblings suggested they had been abused by Bailey or Strong, though some of the children said they had been allowed to beat each other.

“Three of the children all made clear they had a good mommy and a good daddy,” DiTomasso said. “They were really defensive. They felt really bad, and they saw their parents get arrested. They miss the little one, too. They worry about him in the hospital.”

DiTomasso said he asked the 9-year-old pointedly to explain the marks and bruises police found on his body, but was unable to get an explanation. “My God, you look at the little boy and say, what happened to him? I saw the pictures, and then I saw the child. My first impression was, My God, who did this to him?”

The psychologist said the 9-year-old was in dire need of a comprehensive medical and psychiatric evaluation, and he was surprised that such a battery of tests had not yet been performed. “Something was really wrong physically with this child,” DiTomaso said. “He needs a thorough physical work-up. He’ll get it now, right?”

Source http://www.miamiherald.com/2012/02/08/2631712/judge-on-emaciated-child-didnt.html

Foster mother gets life for torture, murder - California

MARTINEZ, Calif. -- A judge Friday morning sentenced Antioch woman Shemeeka Davis to life in prison for torturing and abusing her two foster children and for murdering one of them.

Shemeeka Davis, 41, was sentenced to 25 years to life in prison for the torture and murder of 15-year-old Jazzmin Davis and to life in prison with the possibility of parole for the torture of her twin brother, who survived years of abuse.

Davis, the aunt of Jazzmin and her brother, wept loudly throughout today's hearing and as the sentence was handed down.

"I'd like to say that I'm very sorry," she said between sobs. "This was never my intention ... and I wish I could change everything."

On Sept. 2, 2008, Jazzmin's naked, gaunt and scarred body was found on the floor inside the Antioch home where for years, the only mother she had known abused her and her brother.

Police said that when she died, the teen was 5 foot 7 feet tall and weighed about 78 pounds.

A coroner's report found that she died from a combination of repeated physical abuse and malnutrition, Deputy District Attorney Satish Jallepalli said.

Jazzmin's twin brother was also found to be scarred and severely malnourished, but survived and testified during Davis' trial last summer.

At the end of the trial last June, a jury convicted Davis of first-degree murder, torture and felony child abuse charges and found her legally sane at the time she committed the crimes, despite her dual plea of not guilty and not guilty by reason of insanity.

Defense attorney Betty Barker argued throughout the trial that Davis suffers from severe mental illnesses, including psychotic delusions, which prevented her from forming the intent to torture the twins.

Jallepalli agreed that Davis is mentally ill, but argued that she chose to keep hurting the children and covered up the abuse because she knew it was wrong -- skipping the twins' doctor's appointments and keeping them home from school.

She had taken custody of the twins - who were born to a crack-addicted mother - shortly after they were born, raising them in addition to her three biological children.

A week before Jazzmin died, Davis was granted legal guardianship of the twins.

But Jallepalli said during Davis' trial that there was a clear difference in how she treated her niece and nephew.

The twins were not allowed to eat with her biological children and were not given the same food, if any at all, he said.

Davis would also lock the pair in a closet for long periods of time, forcing them to urinate and defecate on the floor.

When the twins were about 9 years old, Davis began beating them with belts.

Jallepalli said during the trial that over the years, Davis used electrical cords, a wooden rod and a belt with an attached padlock to beat the children and sometimes burned them with an iron.

As the beatings escalated, Davis stopped taking her nephew to doctor appointments to be treated for sickle cell anemia. In the year before Jazzmin's death, she also kept the teen home from school and even kept her from leaving the house, Jallepalli said.

Social workers who monitored the twins' care throughout their lives never noticed or reported the abuse, attorneys said.

The San Francisco Human Services Agency, which was in charge of overseeing the twins' care, agreed last year to a $4 million settlement with Jazzmin's brother.

The Antioch Unified School District agreed to settle with the teen for $750,000 and has implemented changes to its attendance policy.

Before handing down the sentence in Contra Costa County Superior Court today, Judge Susanne Fenstermache heard emotional statements from several of Davis' family members, who requested leniency.

"I've known her all my life, and I know that she's not a monster ... we will continue to pray for her and support her," said one man, Davis' cousin.

Jallepalli read two letters from other family members of the twins addressed to the court, including an aunt who wrote, "I can't begin to imagine how my niece felt during that last attack ... please have no mercy for sentencing."

The prosecutor also read entries from Jazzmin's journal in the months leading up to her death in which she wrote how much she loved her foster mother and wanted to make her happy.

In a later entry, Jazzmin described being "in big trouble" for failing to clean the bathroom.

"I'm going to lose all my privileges and end up in the same position I started in ... I'm so confused ... someone help," she wrote. Before handing down the sentence, the judge told Davis that she didn't consider her a monster.

"This is a sad day for everyone," Fenstermache said. "I know you wish you could undo this ... but it's been done."

Davis will be 69 years old when she becomes eligible for parole, attorneys said.

http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=8493857

State agrees to pay $4.6 million to victims in Carnation starvation case

Blog authors note:
How can CPS possibly be this incompetent and grossly negligent that this kind of thing happens, let alone happens frequently across the US? Aren't they supposed to be trained professionals?
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Posted by Matt Kreamer

The Department of Social and Health Services has agreed to pay $4.6 million to two children who were abused by their father and stepmother three years ago in their Carnation home.

A girl, who was so emaciated she wore a size 2 shoe and weighed 48 pounds at age 14, had begged a social worker to put her in foster care more than three years before her father and stepmother were arrested in 2008, according to a King County Superior Court lawsuit filed against the state.

The civil suit claimed the girl's "nightmare of abuse and torture" extended to her younger brother, who was forced to participate in the abuse of his sister and was "essentially her jailer."

Because the plaintiffs are minors, the settlement will not be final until approved by the court, according to a DSHS news release.

"We deeply regret that these children had to suffer at the hands of the two adults they trusted to love them and keep them safe," said DSHS Children's Administration Assistant Secretary Denise Revels Robinson.

The case, and the subsequent arrest and guilty pleas of both parents of first and second degree criminal mistreatment in October 2008, received broad media attention at the time.

When law enforcement arrived at the children's home in August of 2008, they did not take the children into protective custody but referred the case to DSHS Child Protective Services, who went to the home the next day and directed the parents to seek immediate medical attention for the girl. She was subsequently transported to Children's Hospital by ambulance, where doctors found her to be suffering from extreme malnutrition and other abuse and neglect, according to the news release.

Child Protective Services received one previous referral on this family in March 2005 -- more than three years earlier -- in which the girl told a public school teacher she was frequently locked in her room and was given little to eat. Child Protective Services, working with local law enforcement, found that the stepmother's locking the child in her room constituted negligent treatment and maltreatment. The stepmother agreed to stop doing so. At the time, when interviewed by Child Protective Services, the girl indicated she was provided adequate food to eat every day, according to the release.

Source http://seattletimes.nwsource.com/html/theblotter/2016439296_state_agrees_to_pay_46_to_vict.html