Tuesday, November 8, 2011

Indiana child welfare supervisor faces charges

GREENSBURG, Ind.— An Indiana child welfare supervisor who was the caseworker for a slain 12-year-old Greensburg boy faces charges after allegedly giving a client a drug and sending her a photo of his genitals.

Indiana State Police arrested 28-year-old Scott Ogden of Greensburg last week. WRTV-TV and WISH-TV report he's charged with dealing a controlled substance, official misconduct, and distribution of obscene matter.

Court records show he sent text messages to a woman who lost custody of her children and offered information about them in return for sex. He also gave her three prescription painkiller pills.

Ogden was the case worker for 12-year-old Devin Parsons, who was beaten to death by his mother in June.

A telephone message seeking comment was left at the Greensburg home a man named Scott Ogden.

http://www.chicagotribune.com/news/chi-ap-in--greensburgchildd,0,3823164.story

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

Sunday, November 6, 2011

Accusations of child sex, cover-up rock Penn State

Associated Press

STATE COLLEGE, Pa.—An explosive sex abuse scandal and allegations of a cover-up rocked Happy Valley after former Penn State defensive coordinator Jerry Sandusky, once considered Joe Paterno's heir apparent, was charged with sexually assaulting eight boys over 15 years. Among the allegations was that a graduate assistant saw Sandusky assault a boy in the shower at the team's practice center in 2002.

Sandusky retired in 1999 but continued to use the school's facilities for his work with The Second Mile, a foundation he established to help at-risk kids, where authorities say he encountered the boys. The case took on added dimension Saturday when perjury charges were announced against Tim Curley, Penn State's athletic director, and Gary Schultz, vice president for finance and business. They were also accused of failing to alert police and other agencies -- as required by state law -- of their investigation of the allegations.

"This is a case about a sexual predator who used his position within the university and community to repeatedly prey on young boys," state Attorney General Linda Kelly said Saturday in a statement.

Paterno, who last week became the coach with the most wins in Division I football history, wasn't charged, and the grand jury report didn't appear to implicate him in wrongdoing.

"Joe Paterno was a witness who cooperated and testified before the grand jury," said Nils Frederiksen, a spokesman for the state attorney general's office. "He's not a suspect."

Frederiksen called questions about whether Paterno might testify premature and speculation.

"That's putting the cart way ahead of the horse," he said. "We're certainly not going to be discussing the lineup of potential witnesses."

Under Paterno's four-decades-and-counting stewardship, the Nittany Lions became a bedrock in the college game, and fans packed the stadium in State College, a campus town routinely ranked among America's best places to live and nicknamed Happy Valley. Paterno's teams were revered both for winning games -- including two national championships -- and largely steering clear of trouble. Sandusky, whose defenses were usually anchored by tough-guy linebackers -- hence the moniker "Linebacker U" -- spent three decades at the school. The charges against him cover the period from 1994 to 2009.

Sandusky, 67, was arrested Saturday and released on $100,000 bail after being arraigned on 40 criminal counts. Curley, 57, and Schultz, 62, were expected to turn themselves in on Monday in Harrisburg.

The school said Sunday that it would bar Sandusky from campus.

The allegations against Sandusky, who started The Second Mile in 1977, range from sexual advances to touching to oral and anal sex. The young men testified before a state grand jury that they were in their early teens when some of the abuse occurred; there is evidence even younger children may have been victimized. Sandusky's attorney Joe Amendola said his client has been aware of the accusations for about three years and has maintained his innocence.

"He's shaky, as you can expect," Amendola told WJAC-TV after Sandusky was arraigned on Saturday. "Being 67 years old, never having faced criminal charges in his life and having the distinguished career that he's had, these are very serious allegations."

A preliminary hearing scheduled for Wednesday would likely be delayed, Amendola said. Sandusky is charged with multiple counts of involuntary deviate sexual intercourse, corruption of minors, endangering the welfare of a child, indecent assault and unlawful contact with a minor, as well as single counts of aggravated indecent assault and attempted indecent assault.

No one answered a knock at the door at Sandusky's modest, two-story brick home at the end of a dead-end road in State College. A man who answered the door at The Second Mile office in State College declined to give his name and said the organization had no comment.

The grand jury said eight boys were targets of sexual advances or assaults by Sandusky. None was named, and in at least one case, the jury said the child's identity remains unknown to authorities.

One accuser, now 27, testified that Sandusky initiated contact with a "soap battle" in the shower that led to multiple instances of involuntary sexual intercourse and indecent assault at Sandusky's hands, the grand jury report said.

He said he traveled to charity functions and Penn State games with Sandusky, even being listed as a member of the Sandusky family party for the 1998 Outback Bowl and 1999 Alamo Bowl. But when the boy resisted his advances, Sandusky threatened to send him home from the Alamo Bowl, the report said.

Sandusky also gave him clothes, shoes, a snowboard, golf clubs, hockey gear and football jerseys, and even guaranteed that he could walk on to the football team, the grand jury said, and the boy also appeared with Sandusky in a photo in Sports Illustrated. He testified that Sandusky once gave him $50 to buy marijuana, drove him to purchase it and then drove him home as the boy smoked the drug.

The first case to come to light was a boy who met Sandusky when he was 11 or 12, the grand jury said. The boy received expensive gifts and trips to sports events from Sandusky, and physical contact began during his overnight stays at Sandusky's home, jurors said. Eventually, the boy's mother reported the allegations of sexual assault to his high school, and Sandusky was banned from the child's school district in Clinton County in 2009. That triggered the state investigation that culminated in charges Saturday.

But the report also alleges much earlier instances of abuse and details failed efforts to stop it by some who became aware of what was happening.

Another child, known only as a boy about 11 to 13, was seen by a janitor pinned against a wall while Sandusky performed oral sex on him in fall 2000, the grand jury said.

And in 2002, Kelly said, a graduate assistant saw Sandusky sexually assault a naked boy, estimated to be about 10 years old, in a team locker room shower. The grad student and his father reported what he saw to Paterno, who immediately told Curley, prosecutors said.

The Patriot-News of Harrisburg identified the assistant as Mike McQueary, now a Penn State wide receivers coach and the team's recruiting coordinator. McQueary was out of town on a recruiting trip Sunday, according to his father, John McQueary, who declined to comment about the case or say whether they were the two named in the grand jury report.

"I know it's online, and I know it's available," John McQueary told The Associated Press. "I have gone out of my way not to read it for a number of reasons."

Curley and Schultz met with the graduate assistant about a week and a half after the alleged attack, Kelly said.

"Despite a powerful eyewitness statement about the sexual assault of a child, this incident was not reported to any law enforcement or child protective agency, as required by Pennsylvania law," Kelly said.

There's no indication that anyone at school attempted to find the boy or follow up with the witness, she said.

Pennsylvania's Child Protective Services Law requires certain people associated with schools and other institutions to report suspected abuse immediately to the ChildLine service, which makes referrals to police, and to follow up within two days with written reports to the county children and youth services agency and to the state Department of Public Welfare.

Curley denied that the assistant had reported anything of a sexual nature, calling it "merely `horsing around,'" the 23-page grand jury report said. But he also testified that he barred Sandusky from bringing children onto campus and that he advised Penn State President Graham Spanier of the matter.

The grand jury said Curley was lying, Kelly said, adding that it also deemed portions of Schultz's testimony not to be credible.

Schultz told the jurors he also knew of a 1998 investigation involving sexually inappropriate behavior by Sandusky with a boy in the showers the football team used.

But despite his job overseeing campus police, he never reported the 2002 allegations to any authorities, "never sought or received a police report on the 1998 incident and never attempted to learn the identity of the child in the shower in 2002," the jurors wrote. "No one from the university did so."

Lawyers for both Curley and Schultz issued statements saying they are innocent of all charges.

In response to a request for comment from Paterno, a spokesman for the athletic department said all such questions would be referred to university representatives, who released a statement from Spanier calling the allegations against Sandusky "troubling" and adding that Curley and Schultz had his unconditional support.

He predicted they will be exonerated.

"I have known and worked daily with Tim and Gary for more than 16 years," Spanier said. "I have complete confidence in how they handled the allegations about a former university employee."

The university is also paying legal costs for Curley and Schultz because the allegations against them concern how they fulfilled their responsibilities as employees, spokeswoman Lisa Powers said.

Sandusky, once considered a potential successor to Paterno, drew up the defenses for the Nittany Lions' national-title teams in 1982 and 1986. The team is enjoying another successful run this season; at 8-1, Penn State is ranked No. 16 in the AP Top 25 and is the last undefeated squad in Big Ten play.

The Nittany Lions were off Saturday, which Frederiksen, the prosecutors' spokesman, said had nothing to do with the timing of charges.

He said the attorney general's office and state police had agreed ahead of time to act quickly once a presentment was issued.

"If somebody months ago was able to foresee the Friday before an off weekend, the grand jury would issue a presentment, they should be counting cards in Las Vegas," he said.

As the head football coach, Paterno has spent years cultivating a reputation for putting integrity ahead of modern college-sports economics. It's a notion that has benefited Penn State's marketing and recruiting efforts over the decades and one that the Big Ten school's alumni proudly tout years after they leave.

"We're supposed to be one of the universities to follow after, someone to look up to," said sophomore Brian Prewitt of Poughkeepsie, N.Y. "Now that people on the top are involved, it's going to be bad."

Oklahoma counties have history of child death problems

Records reveal that two to the 11 Oklahoma DHS workers and supervisors allegedly involved in her case have been disciplined by the agency within the last four years.

BY RANDY ELLIS,
NOLAN CLAY AND
ROBBY TRAMMELL

SHAWNEE — The 2009 death of 6-year-old Alexis Morris was in the same region of the state where DHS child welfare workers have been involved in at least four other cases that ended in violent deaths.

Records reveal that two of the 11 DHS workers and supervisors allegedly involved in Alexis' case have been disciplined by the agency within the past four years. It is not possible from the records to determine whether the discipline was connected to that case.

Serenity Deal, 5, Kelsey Smith-Briggs, 2, Aja Johnson, 7, and Melissa Ellison, 5, all suffered violent deaths within the past nine years after having come under supervision of DHS in Lincoln and Pottawatomie counties. Aja's DHS case was closed before her death, said Sheree Powell, spokeswoman for DHS.

Powell said DHS administrators are highly aware of child deaths in Lincoln and Pottawatomie counties and for more than a year have been engaged in a special focus program to identify deficiencies in those counties and provide additional training.

“This broad assessment includes reviews of individual cases, management of the offices and decision making, as well as communications between the counties, district attorneys and the courts,” Powell said. “We have also instituted weekly training sessions with our legal division, county staff and assistant district attorneys.”

A lawsuit over Alexis' death alleges one of the disciplined workers, Tamara Story, was both a close friend and worked at DHS with a sister of Alexis' father.

Alexis' mother contends that relationship prompted Story and other workers to leave Alexis and a brother at their father's home when they should have been removed.

Story declined to comment when contacted by The Oklahoman.

Workers disciplined

Records show Story is one of two DHS workers involved in Alexis' case who have been disciplined by the agency.

Story was fired by DHS in April for dereliction of duty and having medical limitations that prevented her from performing her duties.

Her discharge letter indicates she failed to appear at work the last nine months she was employed, was on medical leave without pay for a portion of that time and had complained actions taken weren't fair because her medical problems were “OKDHS' fault.”

Records show Story was suspended without pay for five days in April 2010 for unsatisfactory performance and misconduct and had twice before received written reprimands on the same grounds.

At the time of her suspension, she was cited for more than 20 areas of substandard performance. Those included falsifying documents in her permanency child placement caseload, lack of worker contacts with parents, being “not diligent at all” in searching for relatives with whom children could be placed, announcing child visits in advance and allowing parent-child unsupervised weekend visitation and trial reunifications without safety assessments of the homes.

In that April 12, 2010, disciplinary letter, DHS Area IV Director William Wilson Jr. ripped the performance of child welfare workers in Pottawatomie County, noting that even though that county was one of two focus counties within his 15-county jurisdiction that had received extra training, a review revealed “outcomes for children were extremely disappointing in most categories.”

“In fact, Pottawatomie is the first and only county in Area IV to have had scores of zero (on a scale of 100) in any category, much less several categories,” Wilson wrote.

Other findings

The county scored:

• 0 percent in substantially achieving the goal of providing permanency and stability for children in their living situations.

• 0 percent in substantially achieving the goal of preserving continuity of family relationships and connections for children.

• 0 percent in substantially achieving the goal of enhancing the capacity of families to provide for their children's needs.

• 67 percent in substantially achieving the top goal of protecting children from abuse and neglect.

• 33 percent in substantially achieving the goal of maintaining children in their home whenever possible and appropriate.

• 67 percent in substantially achieving the goal of providing children with appropriate services to meet educational needs.

• 50 percent in providing children with services to meet their physical and mental health needs.

Gloria Weiss was the other Pottawatomie County DHS child welfare worker named in the lawsuit who has been disciplined by the agency.

Records show Weiss was suspended without pay for five days in 2008 for misconduct that included unauthorized disclosure of confidential information, failure to follow DHS policy and discourteous treatment of clients, employees or members of the public.

Source http://newsok.com/oklahoma-counties-have-history-of-child-death-problems/article/3620508

High court may revisit grandparents' rights

By STEPHANIE REITZ
Associated Press

HARTFORD, Conn. — Increasingly, a wrenching dispute is playing out in courts nationwide: balancing parents' constitutional rights to raise their children without interference against grandparents' desire to be involved in those youngsters' lives.

Now, a growing number of grandparents are pushing lawmakers around the country to change state standards they say are too restrictive and ignore the unique bonds many grandparents have with their grandchildren.

The U.S. Supreme Court is expected to decide this winter whether it will revisit the issue, which it addressed 11 years ago in a landmark case out of Washington state that makes competent parents' wishes the guiding principle in most disputes.

Although all state laws must meet that constitutional threshold, their efforts have resulted in a patchwork of state court rulings and legislation. They now impose such a variety of conditions that the parties' home states can affect the cases almost as much as the specifics.

Connecticut, Florida and Arizona are considered among the most parent-friendly based on their laws or court precedents. Others are considered more grandparent-friendly, including Utah, Kansas and Oklahoma.

Connecticut has become a battleground state in the issue for two reasons: its protections for parents are among the nation's strictest and many of its grandparents are very vocal in their push to change it.

A task force will advise the General Assembly this winter on whether to change state law to give grandparents more chance to get into court to argue their cases.

"Right now it's the luck of the draw if you're some poor family stuck in a state that doesn't stand behind that grandparent-grandchild bond and attachment," said Susan Hoffman, 59. She founded Advocates for Grandparent Grandchild Connection after losing her California petition for visitation when her adult son signed away parenting rights to her grandson.

The growing movement among grandparents' groups has alarmed many parents and their advocacy groups nationwide, including organizers and participants on the parentsrights.com website.

Many say they are being pilloried by those who wrongly accept stereotypes that all grandparents are loving and supportive. And they say they're being drained financially to defend parenting rights the Supreme Court has already upheld.

Polly Tavernia, 41, said her New York case cost her family almost $10,000 even though her estranged mother's petition was eventually dismissed.

"It was one of the worst things I've ever been through," she said. "It's honestly just horrible to have to worry about someone else making those decisions for you, especially when they don't know the whole story."

All 50 states have laws governing the conditions for non-parent third parties seeking visitation, but it was only in 2000 that the U.S. Supreme Court's ruling said none of those laws can infringe on the rights of competent parents.

Source http://www.kansas.com/2011/11/06/2091841/high-court-may-revisit-grandparents.html