Showing posts with label non-excessive corporal punishment. Show all posts
Showing posts with label non-excessive corporal punishment. Show all posts

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.
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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, 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

Thursday, November 3, 2011

Lawyer: Charges will be tough against judge in beating video

By Tracy Sabo, Ashley Hayes and Moni Basu, CNN

Dallas (CNN) -- A Texas judge whose daughter posted a graphic video of him beating her repeatedly has unleashed torrents of public anger but he may not ever face criminal prosecution.

Hillary Adams, now 23, uploaded a video of her father whipping her with a belt, cursing at her and berating her. She said Thursday that violence was a regular occurrence in her family home.

"It did happen regularly, for a period of time, and I could tell, because of the pattern, that things were escalating again," she said on NBC's "Today."

Her father, William Adams, a court-at-law judge in Aransas County, Texas, faces a police investigation and a judicial conduct probe.

Aransas County District Attorney Patrick Flanigan said authorities are looking at numerous factors, including the child's age and the statute of limitations.

The law is complex on which charges could be brought, he said, and which statutes may apply -- all speculation until the video is confirmed to be authentic.

"We're in a fact-finding situation now to determine what is true," he said. His office will look at how the law has changed in the past couple of years, as there could have been different laws in effect at the time.

However, a criminal defense lawyer said it was not likely that Adams could be prosecuted.

In an offense involving injury to a child, Texas law defines a child as being 14 years or less, said Houston lawyer Chris Tritico. Hillary Adams was 16 in the video.

He said the judge might have been charged with aggravated assault except in Texas, the statute of limitations is three years. The video was filmed in 2004.

"This young lady sat on this videotape for six years," Tritico said. "That's where the problem is."

But outrage over the beating erupted Thursday and in the court of public opinion, William Adams, who handles family-related and juvenile court issues, had already been convicted.

The state Commission of Judicial Conduct was inundated with calls, e-mails and faxes, it said in an online statement announcing the start of a probe into the matter.

"We want to get to the bottom of it ... regardless of who the person is," Flanigan said.

Aransas County Attorney Richard Bianchi said his office was also overwhelmed with calls and e-mails, including some from overseas, since the video went viral on the Internet.

"Just a sad day. It's unfortunate for all the people in that video. It doesn't bode well for the image of our community or our judiciary or our legal community in Aransas County," Bianchi said.

Adams was temporarily relieved of his duties for the next two weeks, and a visiting judge will take over his caseload while the matter is being investigated, according to the office of Aransas County Administrative Judge Burt Mills.

Meanwhile, Hillary Adams appeared on "Today" with her mother, Hallie Adams. Although she participated in the videotaped beating, Hillary Adams said she has since left the marriage because of the abuse and has apologized.

"We're very close now," she said when asked if she was angry at her mother. "When I showed her the video, she started crying, hasn't stopped apologizing, and I forgive her because she knows everything that happened."

Asked how she could condone or participate in the incident, Hillary Adams acknowledged, "It's chilling," but said. "My answer to you and to the world is something that I've been hiding for a very long time. It's a family secret, and that's addiction" on her husband's part.

She did not elaborate, but said, "I lived in an environment of dysfunction and it steadily got worse." She said she left her husband when Hillary was 6 months old and "he shamed me into going back.

"I was completely brainwashed and controlled," Hallie Adams said. "I did every single thing he did."

Hillary Adams said on "Today" that she left her video camera on her dresser recording and covered its light with a scarf in order to capture the video.

The video is punctuated by cracks of the man's belt and the girl's screams and cries.

She waited seven years to release it because at the time it was shot, she was still a minor and living under her father's roof. She didn't know what might happen to herself, her mother or her younger sister, she said.

The 2004 beating occurred when her father was punishing her for using the Internet "to acquire music and games that were unavailable for legal purchase at the time," Hillary Adams wrote on the Internet posting. She said she released the video after being harassed by her father.

"It was the straw that broke the camel's back," she said Thursday. "It wasn't any huge happening or anything." She said she told her father she had the video, "and he didn't seem to think anything of it, and basically dared me to post it."

The video posting said, "Judge William Adams is not fit to be anywhere near the law system if he can't even exercise fit judgment as a parent himself. Do not allow this man to ever be re-elected again. His 'judgment' is a giant farce. Signed, Hillary Adams, his daughter."

Receiving an outpouring of support after posting the video has been like a form of therapy, she told KRIS, which is based in Corpus Christi, Texas.

"People are believing us now, instead of calling us liars like they have in the past," she said.

In an interview with KZTV outside his Rockport, Texas, home Wednesday, Adams confirmed to a reporter that he was the man beating his daughter with a belt and a board on the video.

"She's mad because I've ordered her to bring the car back, in a nutshell, but yeah, that's me. I lost my temper," Adams told the station. "Her mother was there, she wasn't hurt ... it was a long time ago ... I really don't want to get into this right now because as you can see my life's been made very difficult over this child."

Adams continued: "In my mind I have not done anything wrong other than discipline my child when she was caught stealing. I did lose my temper, I've apologized. It looks worse than it is."

A phone number listed for William Adams appeared to be out of service Thursday, with calls not connecting.

Hillary Adams told KRIS that her father was "making light of the situation."

"I just can't believe he would say something like he doesn't think it's a big deal."

At one point in the 7 1/2-minute video, the man says to his near-hysterical daughter, "What happened to you, Hillary? Once you were an obedient, nice little girl. Now you lie, cheat and steal."

He yells at her, "You want to put some more computer games on? You want some more?"

"Are you happy?" he asks her. "Disobeying your parents? You don't deserve to f---ing be in this house."

He also berates the girl's mother for allowing a "f---ing computer" in the house.

The older woman also strikes the girl with a belt once, and near the end of the video instructs the girl not to "touch one other thing on the computer besides your schoolwork until you are given notice otherwise."

Hillary Adams "has had ataxic cerebral palsy from birth that led her to a passion for technology, which was strictly forbidden by her father's backwards views," according to the YouTube posting.

Adams told KRIS that the conduct is "not as bad as it looks on tape." The judge said he had contacted judicial review officials in Austin and "more will come out" in the investigation, KRIS reported.

Asked what he might mean, Hallie Adams said on "Today," "I think that the story that's going to come out ... in his mind is that he's projected his problem onto me. For the entire four years since I've left the marriage, I've been abused and harassed through texts, e-mail." She said she told William Adams in June that she would not speak to him again, and "he has threatened to file for modification and take my younger daughter away from me."

Asked whether she wants her father to lose his job, Hillary Adams said on "Today," "I think wishing anybody to lose their job is not a really good thing to do," but "his being fit for the job, that's something I really can't say that he is."

She said she believes her father has been punished enough by the video being made public, "and I just think he really needs help and rehabilitation. We need to get him counseling or something."

She said she regretted that it was her own father "but at the same time so many people are telling me I did the right thing."

One court employee called Adams a good judge and told CNN affliate KTRK that there were always two sides to every story.

Whether Adams will face consequences for beating his daughter remains to be seen. But he will have to face the public three years from now, when he is up for re-election.

This article is based on reporting by Tracy Sabo in Dallas and Dave Alsup, Ashley Hayes and Moni Basu in Atlanta. CNN's Carma Hassan and Michael Martinez contributed to this report.

Source http://www.cnn.com/2011/11/03/justice/texas-video-beating/index.html?hpt=hp_t2

Wednesday, September 21, 2011

Fla. court says 1 spank isn't domestic violence

TALLAHASSEE, Fla. -- A single spank doesn't qualify as domestic violence, an appellate court ruled Friday.

A three-judge panel of the 1st District Court of Appeal unanimously reversed an injunction for protection against domestic violence.

It cited common law and a 2002 Florida Supreme Court ruling that says reasonable or non-excessive corporal punishment can be used as a defense against child abuse charges.

Circuit Judge Karen Gievers of Tallahassee had issued the injunction against a father identified in the ruling only as "G.C."

He had been accused by his former wife of spanking their 14-year-old daughter once on the buttocks with his hand.

The father said the teen had been disrespectful and defiant. The girl said she was only being sarcastic.

"We hold that under established Florida law this single spank constituted reasonable and non-excessive parental corporal discipline and, as a matter of law, was not domestic violence," the appeal judges wrote in an unsigned opinion.

That's even though the domestic violence law doesn't explicitly say so.

The judges, though, wrote "neither does it exclude the common law defense" that parents can administer reasonable and non-excessive corporal punishment.

Source http://www.miamiherald.com/2011/09/16/2410229/fla-court-says-1-spank-isnt-domestic.html