Very interesting report about kinship care placements with state by state info:
http://www.acf.hhs.gov/programs/cb/pubs/statesuse/statesuse.pdf
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.
Wednesday, November 2, 2011
ACLU to probe if SD breaks child-protection laws
Associated Press
The American Civil Liberties Union is investigating whether the South Dakota Department of Social Services violated federal law by removing Native American children from their homes and placing them in foster care instead of with relatives.
Tate Walker, an ACLU spokeswoman in Sioux Falls, said the civil rights organization has fielded individual complaints for years from families who said the state violated the federal Indian Child Welfare Act. The law directs officials to place Native American children removed from homes with their relatives or tribes except in unusual situations.
But the cases had been too scattered and disparate to tackle, Walker said, until a recent National Public Radio series accused the state of routinely breaking the law and disrupting the lives of hundreds of Native Americans each year.
"That aired and then boom: We're getting calls left and right," Walker told The Associated Press on Tuesday. "The outcry was phenomenal, not only from people demanding that something be done, but also from several potential plaintiffs."
The ACLU investigation could lead to a potential lawsuit that would unite complainants as plaintiffs against the state.
The three-part NPR report described Native American children as being placed in South Dakota's foster care system at a disproportionate rate: More than half of all children in foster care are Native American, despite them accounting for just 15 percent of the state's child population.
The series suggested that the motive might be money, since the state gets federal financial assistance for each child removed from his or her home. It also suggested a conflict of interest in Gov. Dennis Daugaard's work for Children's Home Society of South Dakota when he was a lieutenant governor. That organization received millions of dollars for housing Native American children under contracts the state awarded without competitive bid.
The governor's office criticized the report and went on the defensive even before the series began airing last week, releasing a memo titled "Setting the Record Straight" that accused NPR's reporter of being unfair and biased. According to the memo, Children's Home Society has had contracts with the state since 1978, long before Daugaard became its chief operating officer in 2002.
While Walker commended the NPR report, she said the ACLU isn't out to attack the governor.
"It's not about the governor. It's about these kids," she said. "They deserve someone to check into this."
At the center of the conflict, she said, is a merging of state, federal and tribal jurisdiction that is difficult to navigate. The ACLU hopes the spotlight on the issue will prompt new legislation to make it easier for child-protective services workers to do their jobs.
On its website, NPR describes the three-part series as the culmination of a yearlong investigation.
"Some children are removed from their homes for legitimate reasons," the series' introduction reads. "But in South Dakota very few are taken because they've been physically or sexually abused. Most are taken under a far more subjective set of circumstances."
After the series began airing, two members of Congress _ U.S. Reps. Ed Markey, D-Mass, and Dan Boren, D-Okla. _ sent a letter to the Interior Department of Indian Affairs calling for an investigation.
"If the information on the NPR article is accurate, it would appear that the state of South Dakota has failed not only to abide by the mandates of federal law but also failed its Indian children, their families and their tribes by violating the letter and spirit" of the Indian Child Welfare Act, the congressmen wrote to Larry Echo Hawk, Indian Affairs' assistant secretary.
The federal law was passed in 1978 to help ensure that Native American children weren't separated from their families and tribes through involuntary removal.
Gubernatorial aide Tony Venhuizen told the Rapid City Journal it was unfortunate that two members of Congress representing other states didn't contact South Dakota officials before seeking an investigation into allegations about the state.
"These congressmen based their letter on an NPR report that was deeply flawed," he said. "It's really too bad that they took this step without even asking the Department of Social Services or anyone in South Dakota for the facts."
Walker, the ACLU spokeswoman, said the NPR piece highlighted an important and overlooked issue affecting Native American families.
"I have much respect for the (Department of Social Services) workers. I have to imagine that meeting all of the requirements they have to meet can get tricky," she said. "I think that some statutory legislative could potentially ease some of the burden."
Source http://rapidcityjournal.com/news/state-and-regional/aclu-to-probe-if-sd-breaks-child-protection-laws/article_2210024d-e8c1-5de7-a2d5-b2bcaacebf39.html
The American Civil Liberties Union is investigating whether the South Dakota Department of Social Services violated federal law by removing Native American children from their homes and placing them in foster care instead of with relatives.
Tate Walker, an ACLU spokeswoman in Sioux Falls, said the civil rights organization has fielded individual complaints for years from families who said the state violated the federal Indian Child Welfare Act. The law directs officials to place Native American children removed from homes with their relatives or tribes except in unusual situations.
But the cases had been too scattered and disparate to tackle, Walker said, until a recent National Public Radio series accused the state of routinely breaking the law and disrupting the lives of hundreds of Native Americans each year.
"That aired and then boom: We're getting calls left and right," Walker told The Associated Press on Tuesday. "The outcry was phenomenal, not only from people demanding that something be done, but also from several potential plaintiffs."
The ACLU investigation could lead to a potential lawsuit that would unite complainants as plaintiffs against the state.
The three-part NPR report described Native American children as being placed in South Dakota's foster care system at a disproportionate rate: More than half of all children in foster care are Native American, despite them accounting for just 15 percent of the state's child population.
The series suggested that the motive might be money, since the state gets federal financial assistance for each child removed from his or her home. It also suggested a conflict of interest in Gov. Dennis Daugaard's work for Children's Home Society of South Dakota when he was a lieutenant governor. That organization received millions of dollars for housing Native American children under contracts the state awarded without competitive bid.
The governor's office criticized the report and went on the defensive even before the series began airing last week, releasing a memo titled "Setting the Record Straight" that accused NPR's reporter of being unfair and biased. According to the memo, Children's Home Society has had contracts with the state since 1978, long before Daugaard became its chief operating officer in 2002.
While Walker commended the NPR report, she said the ACLU isn't out to attack the governor.
"It's not about the governor. It's about these kids," she said. "They deserve someone to check into this."
At the center of the conflict, she said, is a merging of state, federal and tribal jurisdiction that is difficult to navigate. The ACLU hopes the spotlight on the issue will prompt new legislation to make it easier for child-protective services workers to do their jobs.
On its website, NPR describes the three-part series as the culmination of a yearlong investigation.
"Some children are removed from their homes for legitimate reasons," the series' introduction reads. "But in South Dakota very few are taken because they've been physically or sexually abused. Most are taken under a far more subjective set of circumstances."
After the series began airing, two members of Congress _ U.S. Reps. Ed Markey, D-Mass, and Dan Boren, D-Okla. _ sent a letter to the Interior Department of Indian Affairs calling for an investigation.
"If the information on the NPR article is accurate, it would appear that the state of South Dakota has failed not only to abide by the mandates of federal law but also failed its Indian children, their families and their tribes by violating the letter and spirit" of the Indian Child Welfare Act, the congressmen wrote to Larry Echo Hawk, Indian Affairs' assistant secretary.
The federal law was passed in 1978 to help ensure that Native American children weren't separated from their families and tribes through involuntary removal.
Gubernatorial aide Tony Venhuizen told the Rapid City Journal it was unfortunate that two members of Congress representing other states didn't contact South Dakota officials before seeking an investigation into allegations about the state.
"These congressmen based their letter on an NPR report that was deeply flawed," he said. "It's really too bad that they took this step without even asking the Department of Social Services or anyone in South Dakota for the facts."
Walker, the ACLU spokeswoman, said the NPR piece highlighted an important and overlooked issue affecting Native American families.
"I have much respect for the (Department of Social Services) workers. I have to imagine that meeting all of the requirements they have to meet can get tricky," she said. "I think that some statutory legislative could potentially ease some of the burden."
Source http://rapidcityjournal.com/news/state-and-regional/aclu-to-probe-if-sd-breaks-child-protection-laws/article_2210024d-e8c1-5de7-a2d5-b2bcaacebf39.html
Governor's office calls NPR foster care report flawed; congressmen seek review
Kevin Woster
Staffers for Gov. Dennis Daugaard on Monday attacked a National Public Radio report critical of state child-protection programs that remove Native American children from their homes for foster-care placement, saying NPR was biased and inaccurate in its reporting.
But two members of the U.S. House of Representatives thought the NPR report was valid enough to call for an investigation into whether those South Dakota child protection policies and practices with Native American families violate federal law.
U. S. Reps. Ed Markey, D-Mass., and Dan Boren, D-Okla., sent a letter to Larry Echo Hawk, assistant secretary of the Interior Department for Indian Affairs, calling for the investigation. They allege, as the NPR report implies, that South Dakota violates the Indian Child Welfare Act, a law that directs officials to place Native American children removed from homes with their relatives or tribes, except in unusual situations.
That is not being done in South Dakota, according to the NPR investigation.
"If the information on the NPR article is accurate, it would appear that the state of South Dakota has failed not only to abide by the mandates of federal law but also failed its Indian children, their families and their tribes by violating the letter and spirit of ICWA," Markey and Boren said in the letter.
They added that Native American children were being placed in non-Indian homes or group care at "alarming rates," for what "appears to be for profit."
The state gets federal financial assistance for each child removed from the home.
The NPR investigative report also alleges conflicts of interest in Daugaard's work for Children's Home Society of South Dakota when he was lieutenant governor. Children's Home Society received millions of dollars for housing Native children under contracts with the state awarded without competitive bid, a practice that has been used and criticized in other professional service areas.
Daugaard staffers have said the governor did not use political connections to get the contracts, which they say Children's Home Society was highly qualified to receive.
Daugaard's staff issued statements critical of the NPR report even before it was aired. The staffers followed up Monday with seven pages of detailed rebuttals to the NPR report and allegations of inaccuracies and bias.
Daugaard senior aide Tony Venhuizen said Monday that it was unfortunate that two members of Congress representing other states didn't contact South Dakota officials before seeking an investigation into allegations about the state.
"These congressmen based their letter on an NPR report that was deeply flawed," Venhuizen said. "It's really too bad that they took this step without even asking the Department of Social Services or anyone in South Dakota for the facts."
None of South Dakota's three congressional members would comment Monday on the NPR report or on the call for an investigation by Markey and Boren. Staffers for Sen. Tim Johnson, D-S.D., Sen. John Thune, R-S.D., and Rep. Kristi Noem, R-S.D., said they needed to learn more before responding.
Source http://rapidcityjournal.com/news/governor-s-office-calls-npr-foster-care-report-flawed-congressmen/article_86743c68-0433-11e1-96d8-001cc4c002e0.html
Staffers for Gov. Dennis Daugaard on Monday attacked a National Public Radio report critical of state child-protection programs that remove Native American children from their homes for foster-care placement, saying NPR was biased and inaccurate in its reporting.
But two members of the U.S. House of Representatives thought the NPR report was valid enough to call for an investigation into whether those South Dakota child protection policies and practices with Native American families violate federal law.
U. S. Reps. Ed Markey, D-Mass., and Dan Boren, D-Okla., sent a letter to Larry Echo Hawk, assistant secretary of the Interior Department for Indian Affairs, calling for the investigation. They allege, as the NPR report implies, that South Dakota violates the Indian Child Welfare Act, a law that directs officials to place Native American children removed from homes with their relatives or tribes, except in unusual situations.
That is not being done in South Dakota, according to the NPR investigation.
"If the information on the NPR article is accurate, it would appear that the state of South Dakota has failed not only to abide by the mandates of federal law but also failed its Indian children, their families and their tribes by violating the letter and spirit of ICWA," Markey and Boren said in the letter.
They added that Native American children were being placed in non-Indian homes or group care at "alarming rates," for what "appears to be for profit."
The state gets federal financial assistance for each child removed from the home.
The NPR investigative report also alleges conflicts of interest in Daugaard's work for Children's Home Society of South Dakota when he was lieutenant governor. Children's Home Society received millions of dollars for housing Native children under contracts with the state awarded without competitive bid, a practice that has been used and criticized in other professional service areas.
Daugaard staffers have said the governor did not use political connections to get the contracts, which they say Children's Home Society was highly qualified to receive.
Daugaard's staff issued statements critical of the NPR report even before it was aired. The staffers followed up Monday with seven pages of detailed rebuttals to the NPR report and allegations of inaccuracies and bias.
Daugaard senior aide Tony Venhuizen said Monday that it was unfortunate that two members of Congress representing other states didn't contact South Dakota officials before seeking an investigation into allegations about the state.
"These congressmen based their letter on an NPR report that was deeply flawed," Venhuizen said. "It's really too bad that they took this step without even asking the Department of Social Services or anyone in South Dakota for the facts."
None of South Dakota's three congressional members would comment Monday on the NPR report or on the call for an investigation by Markey and Boren. Staffers for Sen. Tim Johnson, D-S.D., Sen. John Thune, R-S.D., and Rep. Kristi Noem, R-S.D., said they needed to learn more before responding.
Source http://rapidcityjournal.com/news/governor-s-office-calls-npr-foster-care-report-flawed-congressmen/article_86743c68-0433-11e1-96d8-001cc4c002e0.html
Ramsey, Dakota counties at odds over case of 8-year-old beaten at school by mom
By Emily Gurnon
Socorro Eaton's daughter deserved a beating, Eaton believed. And it didn't matter that the girl's entire second-grade class in St. Paul was there to see it.
But within hours, her 8-year-old daughter had been placed in emergency foster care. Child protection in Dakota County, where the family lived, followed up. Two weeks later, she was returned to her mother. Three weeks after that, she was removed again and remains away from her mother's home, living with her father.
Eaton was convicted Thursday in Ramsey County District Court of malicious punishment of a child and will be sentenced Dec. 14.
But her daughter's future is less certain - and the actions of Dakota County staff raise questions about how safe she will be.
"I really am concerned about this child," said Assistant Ramsey County Attorney Yasmin Mullings, speaking at a July 20 pretrial hearing.
"This is unusual in that these are the types of behavior that (usually) occur inside the home only," Mullings said. "That this behavior happened in a school and in such a blatant way leaves me (with) extreme concern of what is happening in the home."
She noted that only when the girl was punched in the classroom June 14 did child protection get involved.
After the school incident, the child told police and a doctor that her mother had hit her with a belt on more than one occasion. She had telltale parallel welts on her back.
On the witness stand last week, Eaton denied using a belt to hit any of her four children - including a 10- year-old daughter and twin 4-year-olds, who were temporarily removed from Eaton's home after the school incident.
Eaton's attorney, Leah Morgan, said that child protection workers were giving Eaton high marks for her work with them on improving her parenting skills since the incident. They believe the girl - whose first initial is J. - should go home, Morgan said.
But Ramsey County District Judge Margaret Marrinan denied a defense motion Thursday that the no-contact order be lifted.
FACTORS IN REMOVING CHILDREN
Marrinan explained Friday.
Eaton struck her child in front of a teacher and 19 other children, the judge said. She was constantly agitated in court, shaking her head and mouthing things. And she has failed to check in weekly with the agency overseeing her conditional release from jail.
"Add that to these other factors and it does not give me a lot of confidence about how this child would be treated (at home)," the judge said.
Removing a child from his or her home is complicated, and workers must weigh several factors. State law requires that "reasonable efforts" be made to "eliminate the need for removal and to reunite the child with the child's family at the earliest possible time ..."
An exception is made when a parent "has subjected a child to egregious harm." What happened to J. does not appear to constitute egregious harm as defined by state law.
Sharon Madsen, a spokeswoman for Dakota County, said officials there could not comment, because the case involved confidential information.
'SAFETY NET' IN PLACE
Two Ramsey County court hearings in July in the criminal case shed light on decisions made by child protection - and why the judge and prosecutor were so critical of those moves.
The incident at Bruce Vento Elementary School took place on the last day of school, June 14.
A Dakota County social worker, Susan Boreland, conducted an investigation and, within a week, wrote a letter stating she believed no assault or injury occurred and that the no-contact order should be lifted, prosecutor Mullings said in the July 20 hearing.
Boreland also decided to place J. with her father, who has an extensive criminal record that includes convictions for kidnapping, domestic assault, drug possession and providing false information to police.
J. remains in her father's custody, the girl said during her mother's trial this past week.
Based on the initial child-protection investigation and information from the social worker, Ramsey County District Judge George Stephenson canceled the no-contact order in Eaton's case June 30, and J. returned home.
Defense attorney Morgan told the judge that child protection had been working to put a "safety net" in place for J.
Eaton had been cooperating with child protection, she said. The girl provided "the names of her sister and her best friend, all of whom live nearby and can come over to help at any time," Morgan said. And Dakota County assigned J. a guardian ad litem to represent her interests. The guardian ad item, Jake Trotzky-Sirr, gave J. his card and said she could call him if she were ever afraid.
JUDGE WEIGHS IN
In the meantime, another child protection worker, Betsy Dantoft, had taken over the case in early July. During the second of her two visits to the family's home, J. was not present. The mother said things were fine.
Marrinan was appalled.
"The daughter should have been there," the judge said at the July 20 hearing. "I think that's extremely sloppy work by something that calls itself child protection....
"I'm familiar with how Ramsey County handles things, but Dakota County is like another country, frankly."
She also speculated on how much help a young child would get from a business card.
"I'm not impressed with the fact that a guardian ad litem gives his card to an 8-year-old kid and says, 'If you have problems, give me a call,' " she said.
She ordered July 20 that the no-contact order be reinstated.
Another hearing was set for July 29.
Dantoft testified at that hearing that she had spoken with J. four times - twice privately - and visited the family twice, including the one occasion when J. was not there.
Her mother told the child protection worker that J. was at a sleepover and could be called to come home. Not necessary, Dantoft told Eaton.
"I guess at this point in time, I don't feel that there is a need for the no-contact order," the child protection worker testified. "(J.) has really shared that she feels safe with her mom and is very confused about what's going on and would like to return to her mom's home."
Mullings, the prosecutor, was not satisfied.
"What we have is, at most, a cursory (review), where the child protection worker comes in and makes an assessment largely based upon self-reporting (by the mother)," Mullings said.
She noted that J. has a "documented history of not speaking up," having never told anyone about the beatings before one was witnessed at the school.
Marrinan ordered July 29 that Eaton could have supervised visits with her daughter.
'SYSTEM FAILING YOU'
Morgan, Eaton's defense attorney, said Friday that she has been cooperative with child protection "since Day One" and taken all the required steps, including parenting classes, counseling with her daughter and supervised visits with J.
Dakota County continues to recommend that J. be returned home. But "none of that favorable information was allowed into the criminal case," Morgan said.
Marrinan told Eaton on July 20 not to lose hope.
"This is a question of the system failing you and your daughter," the judge said. "We're going to just see that (Dakota County) follow(s) through with what they're supposed to do."
Source http://www.twincities.com/ci_19229865
Socorro Eaton's daughter deserved a beating, Eaton believed. And it didn't matter that the girl's entire second-grade class in St. Paul was there to see it.
But within hours, her 8-year-old daughter had been placed in emergency foster care. Child protection in Dakota County, where the family lived, followed up. Two weeks later, she was returned to her mother. Three weeks after that, she was removed again and remains away from her mother's home, living with her father.
Eaton was convicted Thursday in Ramsey County District Court of malicious punishment of a child and will be sentenced Dec. 14.
But her daughter's future is less certain - and the actions of Dakota County staff raise questions about how safe she will be.
"I really am concerned about this child," said Assistant Ramsey County Attorney Yasmin Mullings, speaking at a July 20 pretrial hearing.
"This is unusual in that these are the types of behavior that (usually) occur inside the home only," Mullings said. "That this behavior happened in a school and in such a blatant way leaves me (with) extreme concern of what is happening in the home."
She noted that only when the girl was punched in the classroom June 14 did child protection get involved.
After the school incident, the child told police and a doctor that her mother had hit her with a belt on more than one occasion. She had telltale parallel welts on her back.
On the witness stand last week, Eaton denied using a belt to hit any of her four children - including a 10- year-old daughter and twin 4-year-olds, who were temporarily removed from Eaton's home after the school incident.
Eaton's attorney, Leah Morgan, said that child protection workers were giving Eaton high marks for her work with them on improving her parenting skills since the incident. They believe the girl - whose first initial is J. - should go home, Morgan said.
But Ramsey County District Judge Margaret Marrinan denied a defense motion Thursday that the no-contact order be lifted.
FACTORS IN REMOVING CHILDREN
Marrinan explained Friday.
Eaton struck her child in front of a teacher and 19 other children, the judge said. She was constantly agitated in court, shaking her head and mouthing things. And she has failed to check in weekly with the agency overseeing her conditional release from jail.
"Add that to these other factors and it does not give me a lot of confidence about how this child would be treated (at home)," the judge said.
Removing a child from his or her home is complicated, and workers must weigh several factors. State law requires that "reasonable efforts" be made to "eliminate the need for removal and to reunite the child with the child's family at the earliest possible time ..."
An exception is made when a parent "has subjected a child to egregious harm." What happened to J. does not appear to constitute egregious harm as defined by state law.
Sharon Madsen, a spokeswoman for Dakota County, said officials there could not comment, because the case involved confidential information.
'SAFETY NET' IN PLACE
Two Ramsey County court hearings in July in the criminal case shed light on decisions made by child protection - and why the judge and prosecutor were so critical of those moves.
The incident at Bruce Vento Elementary School took place on the last day of school, June 14.
A Dakota County social worker, Susan Boreland, conducted an investigation and, within a week, wrote a letter stating she believed no assault or injury occurred and that the no-contact order should be lifted, prosecutor Mullings said in the July 20 hearing.
Boreland also decided to place J. with her father, who has an extensive criminal record that includes convictions for kidnapping, domestic assault, drug possession and providing false information to police.
J. remains in her father's custody, the girl said during her mother's trial this past week.
Based on the initial child-protection investigation and information from the social worker, Ramsey County District Judge George Stephenson canceled the no-contact order in Eaton's case June 30, and J. returned home.
Defense attorney Morgan told the judge that child protection had been working to put a "safety net" in place for J.
Eaton had been cooperating with child protection, she said. The girl provided "the names of her sister and her best friend, all of whom live nearby and can come over to help at any time," Morgan said. And Dakota County assigned J. a guardian ad litem to represent her interests. The guardian ad item, Jake Trotzky-Sirr, gave J. his card and said she could call him if she were ever afraid.
JUDGE WEIGHS IN
In the meantime, another child protection worker, Betsy Dantoft, had taken over the case in early July. During the second of her two visits to the family's home, J. was not present. The mother said things were fine.
Marrinan was appalled.
"The daughter should have been there," the judge said at the July 20 hearing. "I think that's extremely sloppy work by something that calls itself child protection....
"I'm familiar with how Ramsey County handles things, but Dakota County is like another country, frankly."
She also speculated on how much help a young child would get from a business card.
"I'm not impressed with the fact that a guardian ad litem gives his card to an 8-year-old kid and says, 'If you have problems, give me a call,' " she said.
She ordered July 20 that the no-contact order be reinstated.
Another hearing was set for July 29.
Dantoft testified at that hearing that she had spoken with J. four times - twice privately - and visited the family twice, including the one occasion when J. was not there.
Her mother told the child protection worker that J. was at a sleepover and could be called to come home. Not necessary, Dantoft told Eaton.
"I guess at this point in time, I don't feel that there is a need for the no-contact order," the child protection worker testified. "(J.) has really shared that she feels safe with her mom and is very confused about what's going on and would like to return to her mom's home."
Mullings, the prosecutor, was not satisfied.
"What we have is, at most, a cursory (review), where the child protection worker comes in and makes an assessment largely based upon self-reporting (by the mother)," Mullings said.
She noted that J. has a "documented history of not speaking up," having never told anyone about the beatings before one was witnessed at the school.
Marrinan ordered July 29 that Eaton could have supervised visits with her daughter.
'SYSTEM FAILING YOU'
Morgan, Eaton's defense attorney, said Friday that she has been cooperative with child protection "since Day One" and taken all the required steps, including parenting classes, counseling with her daughter and supervised visits with J.
Dakota County continues to recommend that J. be returned home. But "none of that favorable information was allowed into the criminal case," Morgan said.
Marrinan told Eaton on July 20 not to lose hope.
"This is a question of the system failing you and your daughter," the judge said. "We're going to just see that (Dakota County) follow(s) through with what they're supposed to do."
Source http://www.twincities.com/ci_19229865
Denver Police Officer Cited For Misdemeanor Child Abuse
A Denver police officer was cited for a misdemeanor charge of child abuse.
The incident involving Officer Richard Shurley occurred on Aug. 31.
Details of the case have not been released by the Adams County district attorney.
Source http://denver.cbslocal.com/2011/10/30/denver-police-officer-cited-for-misde/
The incident involving Officer Richard Shurley occurred on Aug. 31.
Details of the case have not been released by the Adams County district attorney.
Source http://denver.cbslocal.com/2011/10/30/denver-police-officer-cited-for-misde/
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