Denver Human Services defends two caseworkers sued child Chandler Grafner's starvation death

By Felisa Cardona

Two social workers who were supervising 7-year-old Chandler Grafner's case before he starved to death are still working for Denver Human Services.

Margaret Booker and Mary Peagler are supervisors with the child welfare division of DHS, said agency spokeswoman Revekka Balancier.

Booker supervises the foster care and adoptive family recruitment and support efforts, and Peagler supervises interns and the family visitation program.

On Wednesday, U.S. District Judge William J. Martinez denied a motion to dismiss a wrongful-death lawsuit filed against them by Chandler's estate and his biological parents.

The judge noted that the neglect of Chandler by social services was "conscience-shocking" and that a complaint of child abuse made by a teacher's aide a month before the boy's May 6, 2007, death wasn't thoroughly explored by DHS.

Balancier defended the caseworkers, saying DHS is made up of hundreds of caseworkers and support staff who make it their life's work to help keep children safe.

"The death of a child at the hands of an abuser is a terrible and tragic loss for our community and is deeply felt by every member of our staff," she wrote in an e-mail. "We have confidence that each of our workers performs their duties with grave attention to the safety needs of children, compassion for families who are in crisis and experienced decision making in the complex task of making sure our children's needs are being met."

At the time of Chandler's death, Booker was responsible for investigating claims related to child maltreatment and deciding whether further investigation was warranted. Peagler was in charge of Chandler's case file.

In their motion to dismiss, they claimed that the Jefferson County Department of Human Services was legally responsible for Chandler's care because that agency initially placed him with stepfather Jon Phillips, who abused him.

Martinez disagreed that DHS caseworkers were not directly responsible for Chandler's care.

The judge cited a previous 10th U.S. Circuit Court of Appeals ruling regarding a wrongful-death lawsuit against a caseworker in New Mexico who was in charge of overseeing the adoption of a girl with severe spina bifida.

The 3-year-old girl, Grace Bogey, was beaten to death weeks after her adoption and complaints raised by her nurse, who suspected she was being abused.

In that case, the 10th Circuit overturned a lower court's decision to dismiss a lawsuit against the girl's caseworker who failed to conduct a home visit when the girl's grandfather moved in and the living situation changed.

Martinez said that case was "remarkably similar" to Chandler's case, though he noted that in his view the Denver case was even more egregious in that DHS received complaints from Chandler's school and failed to investigate.

"Chandler died from starvation and dehydration and, at the time of his death was twenty pounds underweight for his age," Martinez wrote in his opinion. "These injuries, by their nature, occur over a period of time. Had Defendants property exercised their professional judgement in response to the April 17, 2007, referral, these injuries may well have been avoided."

Though Martinez paved the way for a jury trial against the caseworkers, a previous ruling dismissed the case against Denver Human Services and the Jefferson County Department of Human Services, based on government immunity.

Chandler was living with Phillips and his girlfriend, Sarah Berry, at the time of his death. Phillips was sentenced to life without parole for first-degree murder, and Berry is serving a 48-year prison sentence for second-degree murder.

Source http://www.denverpost.com/news/ci_19502308

Can Adoption Lead to Child Abuse?

By Lisa Belkin

I have not been able to get four-year-old Sean Paddock, or 11-year-old Hanna Williams, or 7-year-old Lydia Schatz out of my mind. As Erik Eckholm reported in the New York Times yesterday, and Anderson Cooper discussed on CNN, most recently last week, the three children all died within the past five years, and they had several chilling factors in common.

Each of their deaths were brutal and agonizing: Sean suffocated; Hana, who was found lying naked in the muddy yard, died of hypothermia and malnutrition; Lydia showed signs of a brutal beating. In each case, one or both of their parents has been charged with their murder.

And in each case, those parents are said to have essentially punished their children to death, allegedly because they believed it was God's will. They are said to have been guided by the book To Train Up A Child, by Michael and Debi Pearl, which advocates beating children with rubber tubing, leaving them outside in the cold, and witholding food for days at a time in keeping with Biblical teachings. (No, I am not linking to it, out of sympathy with those who are petitioning sites like Amazon not to sell this particular book, which does not directly advocate the level of abuse that killed these children, but that appears to have been misinterpreted and misused by at least some of the parents who stand accused.)

Much attention has been paid to the religious pieces of a this tale. Less noted is that each of these children joined these families through adoption. Sean was born in the US, as were his five adopted siblings. Hana was from Ethiopia, as was her adopted brother (their parents had six biological children as well), and Lydia was from Liberia (there were two other adopted siblings among the family's nine children.)

Is this merely grisly coincidence? Or is there something about the adoption dynamic that makes violent abuse more likely?

One possibility is that adoptive children -- particularly those who spend their earliest years in an orphanage or shuttling from one foster caregiver to the next -- are more likely to suffer reactive attachment disorder, which are essentially the inability not only to bond, but to feel. The effects are not just psychological, but also physical, with evidence these children can have elevated levels of the hormone cortisol, which increases their tolerance for pain. Some speculate that spanking a child with Reactive Attachment Disorder can spiral out of control quickly, because it takes abusive levels of pain before the child actually feels it and responds.

This cycle is the talk of a handful of adoptive parenting websites, and, in particular, it has been discussed often on Why Not Train a Child, which is dedicated to warning parents about the dangers of the Pearls' book. There an anonymous commenter there, who describes him or herself as knowing the parents of Hana Williams personally, speculates:

Initially, I think their intentions for adopting were "good" (although I am uncomfortable with the idea of adopting children solely because you are religiously motivated to "rescue" them). I don't think they adopted Hana and her brother so that they could have some children to torture and abuse. However, I believe they made a huge assumption that these kids would respond to their methods just like their own biological children did. They expected Hana and her little brother to assimilate into their family, and most likely ignored their culture, how they had grown up (customs, beliefs, etc), and most importantly, the trauma that Hana and her brother had gone through in their childhoods. These kids just weren't acting like their biological children. Instead of taking a step back and getting professional help, they decided that they would continue to follow the Pearl method, but continued to up the ante, because these kids were NOT succumbing to being "broken".

Adoption can save a child and create a family. It can also come with complications that biological parents are far less likely to face. All children are vulnerable, but adopted children are more so, because the very fact of their adoption tells of a shakier start in life. They deserve more of our protection. In at least three cases they did not receive it.

Source http://www.huffingtonpost.com/lisa-belkin/adoption-spanking-childabuse_b_1081617.html

Jury awards former foster child $2 million from state of Oregon over abuse suffered at hands of foster parents

By Aimee Green, The Oregonian The Oregonian

A Multnomah County jury unanimously awarded $2 million Wednesday to a former foster child who was abused and starved for two years while under the watch of state child welfare workers.

An attorney for the boy successfully argued that the Oregon Department of Human Services repeatedly failed to protect the boy despite repeated reports to a child-abuse hotline. The boy lived in the Clackamas County foster home of Thelma and William Beaver from 2002 to 2004. He weighed more at age 1, when he moved into the home, than at age 3, about the time he was removed from the home.

B.D.'s older sister, then known as Jordan Knapp, also suffered. She weighed just 28 pounds at age 5, when she was flown by Life Flight helicopter to OHSU with a broken skull. The girl's injury -- not a long list of reports of suspected abuse to the hotline -- spurred DHS to remove the children from the foster home for good.

Attorney Scott Kocher filed suit on behalf of Jordan, and days before B.D.'s trial, settled the case with the state for $1.5 million.

The children, along with a younger sister, have since been adopted by one family. Their adopted mom hugged B.D.'s attorney, John Devlin, after the Wednesday's verdict was announced.

Jurors awarded precisely the amount Devlin had asked for.

"This isn't just about helping (B.D.), it's also about helping other foster children by getting DHS to do a better job," Devlin said. "The defense was not only that (DHS) didn't do anything wrong, but that (B.D.) wasn't abused and starved."

Attorneys representing DHS weren't available for comment Wednesday.

Juror David Filmer said he was convinced that DHS didn't do enough to protect the boy, especially after his second hospitalization for failing to gain weight.

"We all really felt that the system was flawed," Filmer said. "That calls would come into the help line, and ...the response was insufficient."

At least 10 of the jurors spread the fault among the State of Oregon and five current and former DHS caseworkers and supervisors: Lesley Willette, Steve Duerscherl, Shirley Vollmuller, Peggy Gilmer and Audrey Riggs. Willette and Vollmuller still work at DHS, while the others have retired, Devlin said.

Because the jury also found that the boy's civil rights were violated, Devlin can seek that his attorneys fees be paid for by the state.

The 3 1/2 week trial included testimony from about 50 witnesses, said Devlin. The boy, who is now 10, took the stand for a short while. He spoke of lingering memories of life in the double-wide trailer that his foster parents and seven other children shared. He said he remembered being forced to sleep in the dog house.

According to lawsuits filed on behalf of the boy and Jordan, the Beavers horribly mistreated the children. A child advocate nicknamed the boy "Mr. Won't Smile." And DHS workers didn't believe Jordan when she repeatedly told them of her suffering. According to her lawsuit, her hands were beaten with a wooden spoon, she was hit with a hairbrush, she was held upside down by her feet and her head slammed against furniture and door frames, and she was forced her to sleep outdoors without blankets.

Thelma Beaver was sentenced to five years in prison for criminal mistreatment of Jordan, and William Beaver received two years of probation. for a lesser charge.

Jordan still faces challenges in her life, but the settlement "will make a big difference in making sure her future is as good as it can be," said Jordan's attorney, Kocher.

The boy has made a "remarkable" physical recovery, Devlin said. The jury's award will compensate the boy for what could be life-long psychological trauma.

"He's not the same kid he was when he was placed in the Beaver home," Devlin said.

Source http://www.oregonlive.com/portland/index.ssf/2011/10/jury_awards_foster_child_2_mil.html

Oregon - Girl’s death spurs lawsuit

The state Department of Human Services faces a $1.5 million case over the abuse suffered by Jeanette Maples

By Karen McCowan

The Register-Guard

Oregon’s child protective services agency faces a $1.5 million lawsuit for failing to prevent the 2009 starvation, torture and beating death of north Eugene teenager Jeanette Maples.

Portland attorney David Paul mailed the wrongful death complaint Monday to Lane County Circuit Court. The court clerk had not received or filed the lawsuit Tuesday afternoon, but Paul’s legal assistant provided a copy to The Register-Guard. Paul has successfully represented children injured in state foster care, including a record-breaking $2 million settlement for twins injured by poor foster care.

The suit on behalf of Jeanette’s estate targets the state Department of Human Services, which is responsible for investigating reports of child abuse and neglect. The complaint accuses the agency of failing to reasonably respond to multiple reports over four years that Jeanette was being abused. It called the state’s inaction “a substantial factor” in her death at age 15.

Jeanette’s mother, Angela McAnulty, is on Oregon’s death row after pleading guilty in February to the aggravated murder of her daughter. The dead teen’s stepfather, Richard McAnulty, is serving a life sentence after pleading guilty to murder by abuse. He denied inflicting harm, but admitted failing to protect Jeanette from her mother or to report her injuries and starvation to authorities.

“Jeanette Maples’ death could have been prevented if the State of Oregon exercised reasonable care in responding to reports that Jeanette Maples was being abused,” the suit charges. It alleges that state workers failed to “investigate and heed” allegations of abuse from reliable sources beginning in 2006, four years before Jeanette died. It also accuses the agency of failing to consider Angela McAnulty’s documented history of child abuse in California before moving to Oregon.

The suit also faults the agency for failing to adequately assess Jeanette’s “vulnerability to abuse.” It says workers wrongfully concluded that Jeanette “could fend for herself as a young teenager” despite “a history of abuse and neglect by the adult parents in her home.”

Those charges echoed the January 2010 findings of an internal Department of Human Services critical incident team.

The suit says state “negligence” was a substantial factor in Jeanette’s “suffering, humiliation, pain, fear, anguish, and torture” and ultimately in her violent death. As a result, she suffered “severe hunger, starvation, anemia, dehydration, alienation of affection, distress and a lack of the enjoyment of her short life, to her non-economic damage in the amount of $500,000.”

Siblings not considered heirs

The Oregon Attorney General’s Office, which will defend the Department of Human Services in the case, declined comment on the suit Tuesday.

“It is the policy of the Department of Justice not to comment on pending litigation,” spokesman Tony Green said.

The bulk of the lawsuit’s damages would go to Jeanette’s father, Anthony Maples, of California. The suit seeks $1 million in noneconomic damages for his loss of Jeanette’s “society, love and companionship.” As her “lone qualified heir” under Oregon law, Anthony Maples would also receive $500,000 the suit seeks as the value of the estate his daughter would probably have accumulated in her lifetime if not for her wrongful death.

The suit seeks an additional $7,000 to cover the teen’s burial and related expenses.

Anthony Maples could not be reached for comment Tuesday. He told The Register-Guard shortly after Jeanette’s death that he had not been in touch with his daughter for nearly a decade. According to his unsuccessful February 2010 court petition to be appointed personal representative of her estate, he had nine drug possession convictions — at least five involving methamphetamine — between 1990 and 2008. The petition shows that he was in and out of jail until late 2008, when he entered and completed a one-year residential treatment program. According to a June 2010 declaration in support of that petition, Maples had been clean and sober for 16 months.

Lane County Circuit Judge Lauren Holland in August 2010 denied Maples’ request, instead appointing Portland attorney Erin Olson as the estate’s personal representative.

Step-grandmother speaks out

The prospect of Anthony Maples collecting damages from the suit distressed Jeanette’s step-grandmother, Lynn McAnulty. She testified during Angela McAnulty’s trial that she made multiple — and apparently futile — abuse reports to the Department of Human Services in the last months of the teen’s life.

“Why should he profit off Jeanette’s death?” the Leaburg woman said. “He doesn’t deserve it because he wasn’t involved in her life. He didn’t know her. He didn’t even come to her memorial service.”

Lynn McAnulty said lawsuit proceeds would more rightfully go to Jeanette’s surviving half-siblings — a 14-year-old girl and an 8-year-old boy — both in foster homes and in state protective custody. Absent a will, however, only a deceased person’s parents, spouse or children are legal heirs under Oregon law.

In a interview this month, McAnulty elaborated on her trial testimony that she repeatedly and unsuccessfully phoned child protective service workers in 2009, urging them to investigate Jeanette’s emaciation and injuries. She acknowledged posing as a concerned neighbor, saying she feared losing the limited access she had to her grandchildren if Angela McAnulty learned she’d reported abuse. (According to child protection caseworkers, the agency protects the confidentiality of people who report abuse.)

Lynn McAnulty said she told one phone screener, “This child looks like an Ethiopian (famine victim),” only to have the screener respond with “something like, ‘You’re telling us she needs medical help — that’s not us,’ and, ‘Are you sure she’s not anorexic?’ ”

McAnulty said she placed her last call to the agency the week before Jeanette died, after her son called to tell her he’d caught the girl drinking from the toilet.

“I said, ‘Someone needs to go there. Something’s wrong with this child. It’s urgent,’” McAnulty said. “I told her, ‘I’ve called several times,’ and she said, ‘We don’t just drop everything — we have to go through channels.’ ”

McAnulty also reiterated her trial testimony that she asked one screener if she should call the police, but was advised that child protection workers could more effectively investigate.

The agency’s internal investigation, now posted on its website (www.oregon.gov/DHS/abuse/publications/children/cirt-jm-initial-report.pdf) without the redactions that originally blacked out information that might have compromised Angela McAnulty’s trial, reports only two calls in 2009, both from “the same individual” on Dec. 1. It says the person reported that Angela McAnulty’s children were being “abused and neglected, especially the older one.”

Report details decisions

The newly public material says the caller reported that the older child — Jeanette — was not attending school, had “current marks and bruises” and “appeared malnourished.” It also said the caller reported that the child was “not allowed to speak with her.”

“The (caller) initially would not provide the last name of the children or an address,” the state’s internal report said. “In a subsequent call that same day, the reporter called back and provided the last name and address for the family. Concluding that the call did not constitute a report of abuse or neglect, the matter was closed at screening.”

The critical incident team found that conclusion to be in error, the internal report said.

“This report in fact constituted abuse or neglect and should have been assigned for child protective service assessment,” it said.

The team’s report also acknowledged that additional calls “may have been made but not documented” if they “did not rise to the level of abuse or neglect.”

The newly public material from the internal report shows that the agency responded to two 2006 reports that Jeanette was “being punished by being forced to kneel on the tile floor with her nose to the wall and hands behind her back for extended periods of time, that she was being forced to eat chili peppers, and that her hair was being pulled making her head sore.” But the agency “could not determine whether there was a safety threat” to the girl because of inconsistent information about food deprivation and punishment from Angela and Richard McAnulty, Jeanette’s sister, and Jeanette herself.

The new material also details the agency’s response to a 2007 report from “a credible source” that Jeanette had a bruise on her chin. It says the critical incident team found that the agency erred in closing that case without further assessment, based on Jeanette’s “denial that abuse had occurred.”

The agency has adopted new protocols in response to the internal report — including a policy of more thoroughly investigating cases involving children such as Jeanette, who are not in school or other settings where other adults can see their condition.

Source http://www.registerguard.com/web/updates/26794414-55/jeanette-maples-death-oregon-paul.html.csp