Thursday, October 13, 2011

North Carolina DSS worker fired after DWI arrest

October 11, 2011 4:54 PM

By Diane Turbyfill

A social worker arrested twice in one week was fired from her job Tuesday.

Gaston County Social Services Director Keith Moon said the action seemed suitable for the circumstance.

“I just think given the nature of this situation that would be the appropriate action,” said Moon.

Yvette Jadine Smithen, 42, was stopped by Shelby Police in the 2100 block of East Dixon Boulevard Saturday. The officer determined Smithen had been drinking and charged her with DWI.

A 4-year-old boy was in the car when police took her into custody.

Smithen worked with the Child Protective Services division at Gaston DSS. Caseworkers are often called to testify in court, and credibility is essential, Moon said.

The DWI charge came less than a week after Smithen was arrested at a party held in her Bent Branch Street home in Gastonia.

“Those charges certainly are very serious,” said Moon. “Given the nature of duties of social workers here it was pretty much incompatible.”

On Sept. 2 Smithen was charged with resisting arrest in a Gaston County incident. According to the arrest report, Smithen interfered with police when they came to the scene of a party that afternoon.

Moon said Smithen has only been with the department for a month. She made $41,211.

Employees are required to report arrests to their supervisors.

Smithen did so last week, and she sent Moon an email requesting a meeting Monday. She was not penalized at work for her resisting arrest charge.

She did not come into work Tuesday and was terminated by a written document.

Source http://www.gastongazette.com/news/worker-61770-social-fired.html

Tuesday, October 11, 2011

Man Jailed For False Report Of Child Abuse

JACKSONVILLE, Fla. -- A Jacksonville man was sentenced to 45 days in jail after being charged with making a false report of child abuse.

Timmy Riley will also have to pay several fines for his false reporting and has been advised not to make any false reports to the Department of Children and Families in violation of a previously entered injunction.

Riley was arrested by the Jacksonville Sheriff's Office. According to Florida state law, "a person who knowingly and willfully makes a false report, or who advises another to make a false report, is guilty of a felony of the third degree, punishable by up to five years imprisonment."

"Child safety is the first priority of the Florida Department of Children and Families," said DCF Interim Regional Managing Director Pattie Mallon. "We investigate allegations of abuse and neglect involving children, and we take our investigations very seriously. If we receive a report of serious abuse or neglect, our investigators must see the children within two hours. Our goal is to see all child victims within 24 hours of the first report of abuse. Because our goal is to be highly responsive, any false reports of abuse could prevent us from seeing real abuse victims quickly and giving them the protection they need. We salute the Jacksonville Sheriff's Office for their swift action to arrest this person who falsely reported abuse."

A false report is defined as a report of abuse, neglect or abandonment of a child to the central abuse hotline in which the report is maliciously made for the purpose of harassing, embarrassing or harming another person; personal financial gain for the reporting person; acquiring custody of a child; or personal benefit for the reporting person in any other private dispute involving a child.

This does not include a report made in good faith to the central abuse hotline. Florida law allows for an administrative fine for up to $10,000 for each report determined to be false.

False reports of child abuse are rare in the Jacksonville area, according to DCF. In Duval, Nassau and Clay counties, less than 1/10 of 1 percent of all abuse reports received in a 12-month period were verified to be false reports.

Source http://www.news4jax.com/news/29439438/detail.html

Saturday, October 8, 2011

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?
-----

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

Thursday, October 6, 2011

Jury: NC hospital negligent in child abuse case

By: Associated Press
Published: October 05, 2011

FAYETTEVILLE, N.C. --
A Cumberland County jury has awarded a boy and his father $25 million, ruling that a hospital was negligent when its employees didn't notice the boy was a victim of child abuse.

But The Fayetteville Observer reported that Cape Fear Valley Health System will pay less than the jury's award to 14-year-old Ajamu Gaines Jr., and his father. The two sides reached a private settlement following the verdict Monday.

Testimony showed Ajamu was brought to the hospital in 2003 with old and new broken bones, and again three months later with a brain injury to the then 6-year-old.

An attorney says the hospital disagrees with the verdict.

Ajamu lives in Charleston, W.Va., with his father, who says the money will ensure lifelong care for his son.

Source http://www2.nbc17.com/news/2011/oct/05/jury-nc-hospital-negligent-child-abuse-case-ar-1465879/

D.C. child welfare agency often acts too quickly to remove children, study says

By Teresa Tomassoni, Published: October 5

The number of children removed from their homes by child abuse investigators in the District has fallen in the past year, but a recent review of some cases concluded that children are still regularly separated from their parents without adequate justification.

The study, conducted by a federally mandated panel of volunteer monitors, examined 27 cases involving 41 children over several years. In many of the instances examined by the panel, children who were placed briefly in foster care should have stayed with their families, the report concluded.

The Citizens Review Panel said the District’s Child and Family Services Agency has not done enough to keep families together and urged the agency to do better.

“CFSA’s child removal decisions must balance the need to protect children from serious abuse or neglect with the need to protect children from the significant emotional trauma that comes from the government separating them from their families,” the report, released last week, stated.

The review, released last week, is the latest examination of the challenges that CFSA, like other child welfare agencies, faces in balancing the inclination to remove children when neglect or abuse is suspected and the imperative to leave them in the home unless they are in imminent danger.

In more than half of the reviews conducted, panel members found that the case record did not justify removal.

In one case cited in the report, a social worker removed a child upon discovering suspicious marks on the child’s body, most likely from being whipped with a cord. The social worker placed him and his three siblings, who did not show signs of abuse, into foster care without obtaining a family court order.

After the removal, the social worker met with the mother to work out a strategy, known as a safety plan, for addressing the problems in the home. Less than a week later, the children were back at home. The report said that if this conversation had taken place before the children were taken, foster care would not have been necessary.

CFSA’s statistics show that even as the number of removals are on pace to be their lowest in years, the percentage of children who are being returned home within four months is at 35 percent, roughly the same rate as last year and a higher rate than in any of the previous three years.

Debra Porchia-Usher, the child welfare agency’s interim director, said how quickly children are removed from their families and how quickly they are returned is an issue the CFSA continues to monitor. “We all agree fewer removals are better,” she said. But she does not agree that the problem is as prevalent as the report suggests.

In an effort to make better decisions about removals, the agency recently launched a pilot program of a strategy known as differential response, which acknowledges that not every abuse or neglect report is an indicator of imminent danger.

Earlier this year, the agency also completed a policy manual on conducting investigations. All social workers, supervisors and program managers have been trained using this new resource, Porchia-Usher said.

Source http://www.washingtonpost.com/local/dc-child-welfare-agency-often-acts-too-quickly-to-remove-children-study-says/2011/09/29/gIQAIGweOL_story.html