By Hudson Sangree
Even as the definition of family in America expands and shifts, California courts are trying to keep pace by redefining whom the law regards as parents.
Judges have moved beyond traditional notions of biology and adoption and have assigned parental rights to adults with no genetic or legal ties to kids.
In a recent Sacramento case, an appeals court said a woman who never adopted her ex-girlfriend's children was nevertheless their parent because she acted like one – providing for them financially, cleaning up after them when they got sick, and volunteering at their school.
"We're redefining what constitutes a family," said McGeorge School of Law Professor Larry Levine, an expert on sexual orientation and the law. "It's a whole new way of thinking about this."
In the Dec. 9 ruling, the Sacramento-based 3rd District Court of Appeal said the woman had a good reason for not adopting the children.
She was a colonel in the Air Force Reserve and was afraid of being expelled from the military if she violated the "don't ask, don't tell" policy in force at the time. The controversial policy, which began in 1993 and ended in September, barred openly gay men or lesbians from serving in the military.
Had the woman been open about her sexual orientation by forming a domestic partnership or adopting her girlfriend's children, it might have ended her military career.
The court referred to the woman and her former partner only by their initials: S.Y. and S.B. The Bee agreed to do the same to protect the privacy of the children.
"It was never even something we discussed about me participating in the adoption or formalizing the relationship," S.Y. said in an interview. "It was just a given because of 'don't ask, don't tell.' When it's something you can't do, you don't go there."
S.B. declined through her attorney to comment on the case.
Her lawyer, Elizabeth Niemi, said S.B. always planned to be the children's sole parent. She hadn't wanted S.Y. to jointly adopt the children, and S.Y. acknowledged that was true in trial testimony, she said.
"Neither party ever intended for S.Y. to have parental rights or obligations," Niemi said.
But the court said the adoptive mother's intentions weren't the deciding factor.
"Whether S.B intended for S.Y. to obtain legal rights with respect to the children is irrelevant where, as here, S.B. allowed and encouraged S.Y. to function as the children's second parent from birth, and S.Y. openly embraced the rights and obligations of being a parent," wrote acting Presiding Justice Cole Blease for the unanimous panel.
The three justices on the panel – including Justice George Nicholson and Justice Andrea Lynn Hoch – upheld a ruling by Sacramento Superior Court Judge Helena Gweon.
Experts said the case continues a trend in which courts have ruled that adults who aren't biological or adoptive parents can still be assigned parental rights and responsibilities.
The purpose: to promote the well-being of children and ensure their financial support, Levine said.
"The state has a great interest in having those who want the benefits of parenthood to take on the responsibilities and obligations that go with parenthood," he said. "That's true for straight and gay couples."
The string of cases that led to this month's ruling in S.Y. v. S.B. included the California Supreme Court's 2002 decision in a case involving a boy identified as Nicholas H. In that case, the court granted custody to a woman's former live-in boyfriend, who admitted he was not the boy's biological father but had acted as his father since birth.
The biological father was nowhere to be found.
Traditionally, adults not related by blood or adoption would have been deemed "legal strangers" to children, but things have changed, said Courtney Joslin, a professor at the UC Davis School of Law, who specializes in family law and sexual orientation and the law.
In the recent case, "the court says you have to look at the reality of families' lives, and the most important inquiry is whether a person is actually functioning as a parent."
Deborah Wald, the lawyer who argued the case for S.Y. at the appellate level, said the decision was part of "a sea change that started with In re Nicholas H."
"What we've seen is that the courts are starting to look at parentage issues from a child's perspective, which is a very big shift. Before, children were treated more like property.
"Now the courts are starting to ask, 'Who do these children think their parents are?' It's a child-centered approach that relies on looking at behavior. Courts aren't willing to take children away from people whom they rely upon."
Niemi, the lawyer for S.B., took away a different lesson from the case.
"If you are a single parent, and there's not another parent somewhere," she said, "you have to be careful about who you allow to have a relationship with your kids."
Source http://www.sacbee.com/2011/12/21/4136837/california-courts-redefining-who.html
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, December 21, 2011
Sunlight May Not Be Enough To Disinfect A Corrupt Missouri Judiciary
Posted by CultureVigilante on December 20, 2011
Better Courts for Missouri released a statement, today, outlining a judge’s dereliction of duty as reported by the St Louis Post Dispatch. In the Post’s investigation, they found that Judge, Barbara T. Peebles took a two-week vacation to China, without reassigning her docket, and left her clerks in charge to make judicial decisions. Apparently, this was not the first time something like this has happened in Judge Peebles’ court, and the St. Louis Public Defender was quoted as saying that it was common knowledge the Peebles’ clerks acted on her behalf in the past. At least 350 cases were handled by court clerks in her most recent two-week absence.
What is even more disturbing is that no one, lawyers, clerks, officers of the court system felt the need to report this behavior to the proper authorities of the Missouri Bar Association. It is obvious there is a brotherhood among the judicial network that covers for its own.
Supreme Court rules state: A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
It looks as if the passing of the buck now begins in the St. Louis Circuit Courts. While its presiding judge blamed Peebles and her lack of management over her own court, what of his own decision to sweep any disciplinary action, in this case, under the rug? While cases such as this should be reported to the Commission of Retirement, Removal and Discipline for investigation, it appears that Ohmer will just reassigned Peebles to another court. Apparently because discipline of this type, not having been administered to another judge in over 30 years, was deemed as too harsh a punishment to do so in this case.
St. Louis Circuit Court Presiding Judge Steven Ohmer called the conduct of both Peebles and her clerks “wrong.” He blamed an “overall lack of management and supervision.” …
… Ohmer said he considered — but decided against — removing Peebles from that division after the full scale of the problem was revealed. It would be the kind of action he said has not happened in 30 years. Next month, she will move to a civil trial division as planned.
Better Courts for Missouri, ”a coalition of Missourians from all walks of life, dedicated to fixing the method by which Missouri judges are selected.” as described on their web page, was formed to bring “Openness, Accountability, Independence and Excellence in our Judiciary,” and has worked to inform citizens of the dishonor and corruption in the Missouri Plan, which is the method now used in Missouri to select judges.
At the end of BCfM’s Get Involved page, they state:
The judiciary is too important to leave in the control of unaccountable special interests who stand to gain from picking judges in secret. Please join us as we fight to protect the rule of law.
The work of BCfM has been to promote openness and accountability in the selection process, which is absent from the current plan. However, there seems to be no mention, on their website, of the provision in the Missouri Constitution, that provides the power and authority of the State Legislature to impeach judges who are derelict in their responsibilities. While sunlight would certainly provide the public with ability to identify the corruption that has been allowed to mutate in the judiciary over the decades, there still seems to be no catalyst to provide discipline to those who have abused their power and authority.
Article 7: Section 1. All elective executive officials of the state, and judges of the supreme court, courts of appeals and circuit courts shall be liable to impeachment for crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude or oppression in office.
Article 7: Section 2. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried before the supreme court, except that the governor or a member of the supreme court shall be tried by a special commission of seven eminent jurists to be elected by the senate. The supreme court or special commission shall take an oath to try impartially the person impeached, and no person shall be convicted without the concurrence of five-sevenths of the court or special commission.
It would appear that the brotherhood among the judicial network has extended to the legislature since there has been no judge impeached, in Missouri, since the civil war according to the Missouri Court’s website:
Before the commission was created in 1972, an impeachment trial was the only means by which a judge could be removed from office. Since the Civil War era, however, the House has impeached only two Missouri judges – both St. Louis County circuit judges and both in the 1960s. In both cases, the judges resigned from office before the Supreme Court held their trials. While the impeachment mechanism is still available, the commission serves as a more efficient method of ensuring judges adhere to the code of conduct and remain subject to disciplinary review even for ethical lapses that may not rise to the level of impeachable offenses.
Would this be the same commission that is charged with oversight of the St. Louis Circuit Courts? It would also appear that the commission, and any other form of authority, from the circuit court to the legislature, has worked very hard to cover for their own since we all know there is much corruption in the judicial branch of government, and there has been very little, if nothing at all, done to stop its escalation of corruption.
Source http://guardianadlitemreform.wordpress.com/2011/12/20/sunlight-may-not-be-enough-to-disinfect-a-corrupt-missouri-judiciary/
Better Courts for Missouri released a statement, today, outlining a judge’s dereliction of duty as reported by the St Louis Post Dispatch. In the Post’s investigation, they found that Judge, Barbara T. Peebles took a two-week vacation to China, without reassigning her docket, and left her clerks in charge to make judicial decisions. Apparently, this was not the first time something like this has happened in Judge Peebles’ court, and the St. Louis Public Defender was quoted as saying that it was common knowledge the Peebles’ clerks acted on her behalf in the past. At least 350 cases were handled by court clerks in her most recent two-week absence.
What is even more disturbing is that no one, lawyers, clerks, officers of the court system felt the need to report this behavior to the proper authorities of the Missouri Bar Association. It is obvious there is a brotherhood among the judicial network that covers for its own.
Supreme Court rules state: A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
It looks as if the passing of the buck now begins in the St. Louis Circuit Courts. While its presiding judge blamed Peebles and her lack of management over her own court, what of his own decision to sweep any disciplinary action, in this case, under the rug? While cases such as this should be reported to the Commission of Retirement, Removal and Discipline for investigation, it appears that Ohmer will just reassigned Peebles to another court. Apparently because discipline of this type, not having been administered to another judge in over 30 years, was deemed as too harsh a punishment to do so in this case.
St. Louis Circuit Court Presiding Judge Steven Ohmer called the conduct of both Peebles and her clerks “wrong.” He blamed an “overall lack of management and supervision.” …
… Ohmer said he considered — but decided against — removing Peebles from that division after the full scale of the problem was revealed. It would be the kind of action he said has not happened in 30 years. Next month, she will move to a civil trial division as planned.
Better Courts for Missouri, ”a coalition of Missourians from all walks of life, dedicated to fixing the method by which Missouri judges are selected.” as described on their web page, was formed to bring “Openness, Accountability, Independence and Excellence in our Judiciary,” and has worked to inform citizens of the dishonor and corruption in the Missouri Plan, which is the method now used in Missouri to select judges.
At the end of BCfM’s Get Involved page, they state:
The judiciary is too important to leave in the control of unaccountable special interests who stand to gain from picking judges in secret. Please join us as we fight to protect the rule of law.
The work of BCfM has been to promote openness and accountability in the selection process, which is absent from the current plan. However, there seems to be no mention, on their website, of the provision in the Missouri Constitution, that provides the power and authority of the State Legislature to impeach judges who are derelict in their responsibilities. While sunlight would certainly provide the public with ability to identify the corruption that has been allowed to mutate in the judiciary over the decades, there still seems to be no catalyst to provide discipline to those who have abused their power and authority.
Article 7: Section 1. All elective executive officials of the state, and judges of the supreme court, courts of appeals and circuit courts shall be liable to impeachment for crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude or oppression in office.
Article 7: Section 2. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried before the supreme court, except that the governor or a member of the supreme court shall be tried by a special commission of seven eminent jurists to be elected by the senate. The supreme court or special commission shall take an oath to try impartially the person impeached, and no person shall be convicted without the concurrence of five-sevenths of the court or special commission.
It would appear that the brotherhood among the judicial network has extended to the legislature since there has been no judge impeached, in Missouri, since the civil war according to the Missouri Court’s website:
Before the commission was created in 1972, an impeachment trial was the only means by which a judge could be removed from office. Since the Civil War era, however, the House has impeached only two Missouri judges – both St. Louis County circuit judges and both in the 1960s. In both cases, the judges resigned from office before the Supreme Court held their trials. While the impeachment mechanism is still available, the commission serves as a more efficient method of ensuring judges adhere to the code of conduct and remain subject to disciplinary review even for ethical lapses that may not rise to the level of impeachable offenses.
Would this be the same commission that is charged with oversight of the St. Louis Circuit Courts? It would also appear that the commission, and any other form of authority, from the circuit court to the legislature, has worked very hard to cover for their own since we all know there is much corruption in the judicial branch of government, and there has been very little, if nothing at all, done to stop its escalation of corruption.
Source http://guardianadlitemreform.wordpress.com/2011/12/20/sunlight-may-not-be-enough-to-disinfect-a-corrupt-missouri-judiciary/
Professor who helped youths in foster care systems charged with rape and sexual child abuse
Dwain Pellebon, 54, arrested for rape and lewd acts
Denies charges but admitted being 'affectionate and sensual'
Admitted watching child porn
By Rachel Quigley
A social work professor accused of rape and performing other lewd acts on teenage girls has been formally charged.
Dwain Pellebon, 54, of the University of Oklahoma, was arraigned on two counts of rape, two counts of lewd acts with a child and two counts of sexual child abuse.
The professor was arrested last week after authorities received allegations from a child welfare worker he had sexually abused two teenage girls in the past two years. He denies all the allegations.
A state Department of Human Services worker told Norman police that a 13-year-old reported seeing Pellebon fondle another 13-year-old during a sleepover at the suspect's Norman home, according to a search warrant affidavit.
The girl was interviewed by police last week, according to NewsOk, and told them she woke up in his home on at least two occasions with Pellebon lying beside her touching her 'from her hair to her ankles'.
The alleged abuse started when she was 11.
The social worker also said Pellebon sexually abused a mentally disabled 15-year-old at least twice.
The girl also told police the suspect would remove her from bed, take her clothes off and 'display her on a bed for viewing'.
Court documents also revealed the girl said Pellebon kept track of her menstrual cycle and showed her 'parts of the body you weren't supposed to see'.
The social work professor admitted taking off the girl's clothes but said he did it to apply cream to her 'chest, back and butt' while they were alone in his bedroom.
NewsOk reported that though Pellebon denies any sexual contact, he described himself to investigators as an 'affectionate, sensual man who liked to hug, kiss, cuddle and stroke young girls that he felt close to'.
He also told police that he had viewed child pornography once but did not download it.
In 2001, Pellebon was investigated by DHS under similar circumstances but no charges were filed because the alleged victim — the daughter of a former Norman police officer — failed to give investigators a statement, documents show.
He has been placed on administrative leave without pay and is free on $75,000 bail.
The 54-year-old was a director on a local board for Court Appointed Special Advocates (CASA), which helps children in juvenile court and foster systems.
He took a leave of absence from the board earlier this year, a Cleveland County CASA spokesman told The Oklahoman.
Pellebon teaches a course on human sexuality that looks at ‘sexual behaviour, gender differences and sexual values’, reported CNN.
After he was arrested a university spokesman said they 'acted swiftly to suspend Pellebon from any contact with students and from use of any university facilities'.
Source http://www.dailymail.co.uk/news/article-2076602/Dwain-Pellebon-University-Oklahoma-social-work-professor-charged-rape-sexual-child-abuse.html
Denies charges but admitted being 'affectionate and sensual'
Admitted watching child porn
By Rachel Quigley
A social work professor accused of rape and performing other lewd acts on teenage girls has been formally charged.
Dwain Pellebon, 54, of the University of Oklahoma, was arraigned on two counts of rape, two counts of lewd acts with a child and two counts of sexual child abuse.
The professor was arrested last week after authorities received allegations from a child welfare worker he had sexually abused two teenage girls in the past two years. He denies all the allegations.
A state Department of Human Services worker told Norman police that a 13-year-old reported seeing Pellebon fondle another 13-year-old during a sleepover at the suspect's Norman home, according to a search warrant affidavit.
The girl was interviewed by police last week, according to NewsOk, and told them she woke up in his home on at least two occasions with Pellebon lying beside her touching her 'from her hair to her ankles'.
The alleged abuse started when she was 11.
The social worker also said Pellebon sexually abused a mentally disabled 15-year-old at least twice.
The girl also told police the suspect would remove her from bed, take her clothes off and 'display her on a bed for viewing'.
Court documents also revealed the girl said Pellebon kept track of her menstrual cycle and showed her 'parts of the body you weren't supposed to see'.
The social work professor admitted taking off the girl's clothes but said he did it to apply cream to her 'chest, back and butt' while they were alone in his bedroom.
NewsOk reported that though Pellebon denies any sexual contact, he described himself to investigators as an 'affectionate, sensual man who liked to hug, kiss, cuddle and stroke young girls that he felt close to'.
He also told police that he had viewed child pornography once but did not download it.
In 2001, Pellebon was investigated by DHS under similar circumstances but no charges were filed because the alleged victim — the daughter of a former Norman police officer — failed to give investigators a statement, documents show.
He has been placed on administrative leave without pay and is free on $75,000 bail.
The 54-year-old was a director on a local board for Court Appointed Special Advocates (CASA), which helps children in juvenile court and foster systems.
He took a leave of absence from the board earlier this year, a Cleveland County CASA spokesman told The Oklahoman.
Pellebon teaches a course on human sexuality that looks at ‘sexual behaviour, gender differences and sexual values’, reported CNN.
After he was arrested a university spokesman said they 'acted swiftly to suspend Pellebon from any contact with students and from use of any university facilities'.
Source http://www.dailymail.co.uk/news/article-2076602/Dwain-Pellebon-University-Oklahoma-social-work-professor-charged-rape-sexual-child-abuse.html
Monday, December 19, 2011
Counselor charged with having sex with 17-year-old - Kentucky
By Valerie Chinn
MOUNT WASHINGTON, Ky. (WDRB) -- A counselor for abuse victims is now behind bars, charged with raping a teenager in her care.
Sunrise Children's Services says a child in its care made the allegations against Counselor Brooke Briscoe. The 27-year-old from Louisville is now at the Bullitt County Detention Center. Briscoe is charged with one count of rape and one count of sodomy.
The Sheriff's Department says she had intercourse and oral sex with a 17-year-old male resident at Sunrise Child Services in Mt. Washington on Sunrise's property. The organization says it cares for children who are victims of abuse or neglect.
Detective Scotty McGaha with the Bullitt County Sheriff's Department says, "16 is the legal consensual age in the state of Kentucky, however, even though he's of a consensual age, the problem with it is Rape in the Third because she is in a caretaker role with him. She was a counselor for him."
Briscoe's neighbors wouldn't go on camera, but say she has young children. The Sheriff's Department is looking into other possible victims at Sunrise. Briscoe was on administrative leave, pending the investigation. But Sunrise says her job is now terminated.
The Sheriff's Department says she did not have a prior criminal background.
Sunrise Children's Services issued the following statement:
"Allegations were brought against Ms. Briscoe by a child in our care. That day, we initiated the investigation by reporting the allegations to the Office of Inspector General (OIG) and Child Protective Services (CPS). We immediately put Ms. Briscoe on Administrative Leave pending the investigation. We have cooperated fully with OIG, CPS and the Bullitt County Sheriff's Department. Per the information we received today, Ms. Briscoe has been terminated.
We are conducting an internal investigation and are reviewing our policies and procedures to determine if there is anything we need to change to avoid a situation like this in the future. We conduct a full background check on all of our employees. Moreover, we hold ourselves to the highest standards possible as the only child care agency in this area certified by the highest accreditation body for health care agencies.
We work, every day, to protect the children in our care and to provide them a better future. We take this situation very seriously and are shocked and saddened to find out the allegations are true. But we are grateful that someone stepped forward to alert us to the situation so we could stop it."
Source http://www.wdrb.com/story/16355555/counselor-charged-with-having-sex-with-17-year-old
MOUNT WASHINGTON, Ky. (WDRB) -- A counselor for abuse victims is now behind bars, charged with raping a teenager in her care.
Sunrise Children's Services says a child in its care made the allegations against Counselor Brooke Briscoe. The 27-year-old from Louisville is now at the Bullitt County Detention Center. Briscoe is charged with one count of rape and one count of sodomy.
The Sheriff's Department says she had intercourse and oral sex with a 17-year-old male resident at Sunrise Child Services in Mt. Washington on Sunrise's property. The organization says it cares for children who are victims of abuse or neglect.
Detective Scotty McGaha with the Bullitt County Sheriff's Department says, "16 is the legal consensual age in the state of Kentucky, however, even though he's of a consensual age, the problem with it is Rape in the Third because she is in a caretaker role with him. She was a counselor for him."
Briscoe's neighbors wouldn't go on camera, but say she has young children. The Sheriff's Department is looking into other possible victims at Sunrise. Briscoe was on administrative leave, pending the investigation. But Sunrise says her job is now terminated.
The Sheriff's Department says she did not have a prior criminal background.
Sunrise Children's Services issued the following statement:
"Allegations were brought against Ms. Briscoe by a child in our care. That day, we initiated the investigation by reporting the allegations to the Office of Inspector General (OIG) and Child Protective Services (CPS). We immediately put Ms. Briscoe on Administrative Leave pending the investigation. We have cooperated fully with OIG, CPS and the Bullitt County Sheriff's Department. Per the information we received today, Ms. Briscoe has been terminated.
We are conducting an internal investigation and are reviewing our policies and procedures to determine if there is anything we need to change to avoid a situation like this in the future. We conduct a full background check on all of our employees. Moreover, we hold ourselves to the highest standards possible as the only child care agency in this area certified by the highest accreditation body for health care agencies.
We work, every day, to protect the children in our care and to provide them a better future. We take this situation very seriously and are shocked and saddened to find out the allegations are true. But we are grateful that someone stepped forward to alert us to the situation so we could stop it."
Source http://www.wdrb.com/story/16355555/counselor-charged-with-having-sex-with-17-year-old
Kentucky child-welfare officials draw sharp criticism from lawmakers
Written by Deborah Yetter
FRANKFORT, KY. — At a packed committee hearing, Kentucky legislators berated the state’s top child-welfare officials Monday for failing to accurately report child-abuse fatalities.
And one lawmaker called for the resignation of the cabinet secretary who oversees Kentucky’s child-welfare programs, saying the state was withholding information.
“It concerns me the cabinet appears to have the attitude that it does not have to comply with the law, and it does not have to comply with court orders,” said Sen. Julie Denton, a Louisville Republican who is co-chairman of the interim joint Health and Welfare Committee, adding that the cabinet is “is broken, has gone rogue and is shrouded in secrecy.”
During a contentious committee hearing, several lawmakers said changes may be needed in state law to ensure that officials more accurately report cases of children that result in serious injuries or death.
State officials issued a report earlier this month that said 18 Kentucky children died of abuse or neglect in the fiscal year that ended June 30 — though The Courier-Journal reported Sunday that at least eight others were omitted.
Among those left out was the case of 9-year-old Amy Dye, a Todd County girl who was beaten to death by her adoptive brother.
Three Todd County school officials told the committee Monday that the case constitutes proof that Kentucky’s most vulnerable children must be better protected.
“One thing we want to make sure of, Amy Dye’s life did count for something,” said Todd County School Supt. Michael Kenner, testifying before the committee.
Lawmakers on the committee posed a number of questions, including why Amy’s death and others like it weren’t included in the cabinet’s annual report of child deaths and serious injuries.
Kenner said school officials had repeatedly tried to alert cabinet officials to suspected abuse of Amy after the agency approved her placement in the adoptive home — but to no avail.
“We’re not reporting cases just to be reporting them,” said Kenner, who appeared with an assistant superintendent and the principal from South Todd Elementary, Amy’s school. “It hurts when we feel like the things we report are not being taken seriously.”
The school officials said that they heard nothing back from the cabinet, despite repeated calls to a phone line designated for such matters, and that they never knew the outcome of any investigations.
“Out information goes into some big dark hole,” Kenner said. “We never know what is happening.”
The purpose of Monday’s hearing was for cabinet officials to explain its annual report on child abuse and neglect fatalities, which it released Dec. 1 — three months past the deadline under state law.
But discussion of Amy’s death dominated the discussion, even though the cabinet did not include her in that report, arguing that it didn’t have to because she was killed Feb. 4 by her 17-year-old brother, not a parent.
A judge has rejected that argument as a misinterpretation of state law, as did several lawmakers Monday.
“I do think the General Assembly meant to have these kinds of cases included in this report,” Denton said.
Denton, accusing the cabinet of obstructing lawmakers and withholding information, demanded the resignation of secretary Janie Miller.
Denton noted that the cabinet missed the deadline for filing its annual child-abuse report and has continued a legal fight over disclosure of records in cases involving child abuse deaths and serious injuries long after Franklin Circuit Court Judge Phillip Shepherd first ordered their release under open records law.
“I’m calling for the resignation of the secretary,” she said. “The buck stops with the secretary.”
Miller did not attend the hearing and through a spokeswoman declined to respond directly to Denton’s demand.
“I am very disappointed that Sen. Denton has resorted to a personal attack rather than deal with these very difficult issues,” she said in a statement.
Speaking for the cabinet on her last day of the job was Patricia Wilson, commissioner of social services, who has resigned.
Wilson described in general how the cabinet conducts child abuse investigations and reports fatalities from abuse and neglect. Amy’s death, she said, was not counted as an abuse death because the law requires the cabinet to report only those deaths caused by a parent, guardian or other person exercising custodial control.
And she stopped short of saying the cabinet failed Amy when she was asked by Sen. David Givens, R-Greensburg, whether “the system” failed her.
“No I don’t believe we violated any of our policies or practices,” she said.
Some lawmakers objected to that statement.
“If Amy Dye is cold in the ground, the system failed her,” said Sen. Alice Forgy Kerr, a Lexington Republican.
Said Givens: “The death you are not counting is a death of neglect. We all need to prevent the next Amy Dye.”
Wilson said that because a sibling killed Amy her death was not included in the annual report, which lists 18 child deaths from abuse or neglect during the most recent fiscal year.
Shepherd already rejected that argument in a ruling last month, saying the death was abuse — or at a minimum — neglect by adults in the home who allowed the abuse.
“To be clear, a parent need not personally administer the fatal blow in order to be held responsible for abuse or neglect,” Shepherd said in his order that the cabinet must release its records related to Amy’s death.
State law, conforming to federal law, allows the disclosure of cabinet records in the event of a child death or serious injury from abuse or neglect.
Several lawmakers expressed skepticism about the cabinet’s refusal to count Amy’s death or other such deaths in its annual report of child abuse deaths.
Sen. Joey Pendleton, D-Hopkinsville, wondered how many other cases are not in the report.
“I want to know how many children are murdered or killed within the home by a parent or sibling,” Pendleton said.
The Courier-Journal reported Sunday that at least eight other child deaths were not included in the report — most in cases in which parents or caregivers were charged with abuse, neglect or murder. Midkiff took exception with that report, saying that child fatalities are reported “consistent with the statutes.”
Rep. Martha Jane King, D-Lewisburg, whose district includes Todd County, said after the hearing that lawmakers should act if the law needs to be clearer.
“It’s out responsibility to make sure that if there’s a loophole, we go ahead and address it,” she said.
Camille Dillingham, the principal at Amy’s school, said after the hearing that she hopes the girl’s death brings about some changes.
“She was a quiet girl, she was very loving,” Dillingham said. “She was a very good student.”
Source http://www.courier-journal.com/article/20111219/NEWS01/312190090/child-abuse-state-legislature?odyssey=nav%7Chead
FRANKFORT, KY. — At a packed committee hearing, Kentucky legislators berated the state’s top child-welfare officials Monday for failing to accurately report child-abuse fatalities.
And one lawmaker called for the resignation of the cabinet secretary who oversees Kentucky’s child-welfare programs, saying the state was withholding information.
“It concerns me the cabinet appears to have the attitude that it does not have to comply with the law, and it does not have to comply with court orders,” said Sen. Julie Denton, a Louisville Republican who is co-chairman of the interim joint Health and Welfare Committee, adding that the cabinet is “is broken, has gone rogue and is shrouded in secrecy.”
During a contentious committee hearing, several lawmakers said changes may be needed in state law to ensure that officials more accurately report cases of children that result in serious injuries or death.
State officials issued a report earlier this month that said 18 Kentucky children died of abuse or neglect in the fiscal year that ended June 30 — though The Courier-Journal reported Sunday that at least eight others were omitted.
Among those left out was the case of 9-year-old Amy Dye, a Todd County girl who was beaten to death by her adoptive brother.
Three Todd County school officials told the committee Monday that the case constitutes proof that Kentucky’s most vulnerable children must be better protected.
“One thing we want to make sure of, Amy Dye’s life did count for something,” said Todd County School Supt. Michael Kenner, testifying before the committee.
Lawmakers on the committee posed a number of questions, including why Amy’s death and others like it weren’t included in the cabinet’s annual report of child deaths and serious injuries.
Kenner said school officials had repeatedly tried to alert cabinet officials to suspected abuse of Amy after the agency approved her placement in the adoptive home — but to no avail.
“We’re not reporting cases just to be reporting them,” said Kenner, who appeared with an assistant superintendent and the principal from South Todd Elementary, Amy’s school. “It hurts when we feel like the things we report are not being taken seriously.”
The school officials said that they heard nothing back from the cabinet, despite repeated calls to a phone line designated for such matters, and that they never knew the outcome of any investigations.
“Out information goes into some big dark hole,” Kenner said. “We never know what is happening.”
The purpose of Monday’s hearing was for cabinet officials to explain its annual report on child abuse and neglect fatalities, which it released Dec. 1 — three months past the deadline under state law.
But discussion of Amy’s death dominated the discussion, even though the cabinet did not include her in that report, arguing that it didn’t have to because she was killed Feb. 4 by her 17-year-old brother, not a parent.
A judge has rejected that argument as a misinterpretation of state law, as did several lawmakers Monday.
“I do think the General Assembly meant to have these kinds of cases included in this report,” Denton said.
Denton, accusing the cabinet of obstructing lawmakers and withholding information, demanded the resignation of secretary Janie Miller.
Denton noted that the cabinet missed the deadline for filing its annual child-abuse report and has continued a legal fight over disclosure of records in cases involving child abuse deaths and serious injuries long after Franklin Circuit Court Judge Phillip Shepherd first ordered their release under open records law.
“I’m calling for the resignation of the secretary,” she said. “The buck stops with the secretary.”
Miller did not attend the hearing and through a spokeswoman declined to respond directly to Denton’s demand.
“I am very disappointed that Sen. Denton has resorted to a personal attack rather than deal with these very difficult issues,” she said in a statement.
Speaking for the cabinet on her last day of the job was Patricia Wilson, commissioner of social services, who has resigned.
Wilson described in general how the cabinet conducts child abuse investigations and reports fatalities from abuse and neglect. Amy’s death, she said, was not counted as an abuse death because the law requires the cabinet to report only those deaths caused by a parent, guardian or other person exercising custodial control.
And she stopped short of saying the cabinet failed Amy when she was asked by Sen. David Givens, R-Greensburg, whether “the system” failed her.
“No I don’t believe we violated any of our policies or practices,” she said.
Some lawmakers objected to that statement.
“If Amy Dye is cold in the ground, the system failed her,” said Sen. Alice Forgy Kerr, a Lexington Republican.
Said Givens: “The death you are not counting is a death of neglect. We all need to prevent the next Amy Dye.”
Wilson said that because a sibling killed Amy her death was not included in the annual report, which lists 18 child deaths from abuse or neglect during the most recent fiscal year.
Shepherd already rejected that argument in a ruling last month, saying the death was abuse — or at a minimum — neglect by adults in the home who allowed the abuse.
“To be clear, a parent need not personally administer the fatal blow in order to be held responsible for abuse or neglect,” Shepherd said in his order that the cabinet must release its records related to Amy’s death.
State law, conforming to federal law, allows the disclosure of cabinet records in the event of a child death or serious injury from abuse or neglect.
Several lawmakers expressed skepticism about the cabinet’s refusal to count Amy’s death or other such deaths in its annual report of child abuse deaths.
Sen. Joey Pendleton, D-Hopkinsville, wondered how many other cases are not in the report.
“I want to know how many children are murdered or killed within the home by a parent or sibling,” Pendleton said.
The Courier-Journal reported Sunday that at least eight other child deaths were not included in the report — most in cases in which parents or caregivers were charged with abuse, neglect or murder. Midkiff took exception with that report, saying that child fatalities are reported “consistent with the statutes.”
Rep. Martha Jane King, D-Lewisburg, whose district includes Todd County, said after the hearing that lawmakers should act if the law needs to be clearer.
“It’s out responsibility to make sure that if there’s a loophole, we go ahead and address it,” she said.
Camille Dillingham, the principal at Amy’s school, said after the hearing that she hopes the girl’s death brings about some changes.
“She was a quiet girl, she was very loving,” Dillingham said. “She was a very good student.”
Source http://www.courier-journal.com/article/20111219/NEWS01/312190090/child-abuse-state-legislature?odyssey=nav%7Chead
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