Written by John Hult
The stepchildren of the director of the South Dakota chapter of the American Civil Liberties Union were placed in protective custody last week after a family dispute call at his address.
Robert Doody, 31, was asked to leave a closed child protection hearing Tuesday morning at the Minnehaha County Courthouse. A judge decided at the hearing to keep the children in protective custody during a Department of Social Services investigation.
The inquiry was sparked by a report of physical abuse given to the Department of Social Services by the biological father of two of the children. By law, Social Services can place children in protective custody for 10 days while it investigates claims against parents.
Minnehaha County State’s Attorney Aaron McGowan confirmed Tuesday that he was aware of allegations, but said no charges have been filed against the mother or stepfather.
“We’ll have to wait for the investigating agency’s report,” McGowan said.
Doody said the removal of his Native American stepchildren, as well as his absence from the courtroom, constitute violations of the Indian Child Welfare Act.
The welfare act bars the foster care placement of Native children under most circumstances and gives Native parents additional rights during custody hearings.
“This is a disgrace. It goes to show that the state does not give due process to Indians or non-Indians,” Doody said after the hearing. “It’s a sham.”
Doody and the children’s maternal grandmother initially walked into the hearing Tuesday morning but were asked to leave, he said.
Doody denied any wrongdoing.
The only family members inside the courtroom were the children’s biological parents: Doody’s wife, Kimberly St. John, and their father, David Knorr.
After the hearing, Knorr said the judge determined that the children would remain in protective custody while the Social Services investigation proceeds. Doody and his wife objected to a placement in Knorr’s home.
The report appears on the Sioux Falls Police Department’s daily call log as a “family dispute” Friday morning, although Knorr said the incident in question took place Wednesday.
Police spokesman Sam Clemens confirmed only that the call came in as a Department of Social Services referral.
Doody has been the director of South Dakota’s chapter of the civil rights organization since 2008.
The organization has offered support to Native Americans suing the Department of Corrections and displaced voters on Indian reservations.
A spokesperson for the national ACLU declined to comment on the matter Tuesday.
“Robert Doody is an ACLU employee and as this is a personal matter,” Marsha Zeesman said.
Doody’s lawyer, Debra Voight, did not return calls seeking comment Tuesday night.
St. John is director of Mita Maske Ti Ki, a shelter for victims of domestic violence.
Source http://www.argusleader.com/article/20120222/NEWS/302210043/Children-removed-from-home-of-ACLU-director-after-dispute?odyssey=tab|topnews|text|Home
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, February 22, 2012
DFCS acknowledges wrongdoing in child's death
By Craig Schneider
State child protection officials acknowledged Tuesday that they failed to properly watch over a 4-year-old Fulton County boy who died Feb. 6 of head injuries in a case that has been ruled a homicide.
The state Division of Family and Children Services had an open case on the family of Nasir Patrick, but there was confusion about which worker was to visit the home, said Acting DFCS Deputy Director Kathy Herren. Consequently no workers made a documented visit there in nearly two months before Nasir was injured on Jan. 25.
“We were remiss in visiting the child,” Herren told The Atlanta Journal-Constitution Tuesday.
DFCS fired three employees after the boy died. The Fulton County Medical Examiner declared the death a homicide Tuesday, finding that Nasir died of delayed complications from blunt force head trauma. The Atlanta Police Department is investigating, but no arrests have been made.
Nasir’s mother, Yakerra Patrick, declined to comment when contacted by phone by an AJC reporter.
Nasir’s aunt, Mary Sewell of Coweta County, blasted DFCS for failing in its responsibility.
“He did not have to die,” Sewell said. “I blame them for not following up.”
Nasir’s death came to light through a joint investigation by the AJC and Channel 2 Action News. It was among 35 deaths in the past ten weeks of children whose families have a DFCS history.
The Patrick family came to the attention of DFCS in 2008, with allegations of neglect and inadequate supervision in 2008 and 2009. The agency could not substantiate those complaints, and the inquiries were quickly closed, according to DFCS records obtained by the AJC through the state Open Records Law.
Then, in August, Nasir and his younger sister were removed from the home after the little girl suffered a broken leg. The mother's boyfriend told investigators the injury occurred when the girl got her leg stuck between the bars of her crib.
But the doctor who examined the girl said that story did not wash, and DFCS classified the case as an instance of abuse. The girl was placed in DFCS custody and Nasir went to live with a relative.
DFCS officials say they asked the Atlanta police several times to look deeper into this girl's injury, but the department declined.
Atlanta Police spokesman Carlos Campos told the AJC Tuesday that police thoroughly investigated the girl's injuries at the time and found no evidence to support criminal charges.
In December, DFCS returned Nasir's sister to the home after a judge issued a protective order stipulating that some adult -- the name is redacted from the case file provided to the AJC -- would have no contact with her. At that point, Herren said, the case was supposed to be transferred from one caseworker to another, but each thought the other was monitoring the family.
At some point, the relative with whom Nasir was living returned him to his mother's home, without alerting DFCS. It is not clear whether DFCS workers ever discovered that he was living there.
The agency made no visits that documented the children's well-being between Dec. 9 and Jan. 25, when Nasir was injured. Caseworkers are supposed to visit families at least once a month. The DFCS record notes that a worker made a visit on Dec. 21 to deliver Christmas presents, but did not document that the children were seen.
Nasir was admitted to Scottish Rite children’s hospital Jan. 25 and diagnosed with a skull fracture. According to the police report, his mother told hospital staff that she had left Nasir with her boyfriend while she went to work. She said the boyfriend called her at work to say Nasir had suffered a seizure and fallen to the ground, striking his head on a toy truck.
Again, doctors said the injuries were not consistent with that explanation, and the case was turned over to the Atlanta police.
Herren said DFCS has been reviewing problems with internal communication for the past year, ever since its parent agency, the Department of Human Services, was put under the direction of a new commissioner, Clyde Reese. She said the handling of the Patrick case is being scrutinized and that the lessons learned will be communicated across the agency.
That’s small comfort to advocates who have monitored the agency for years.
“It’s a tragedy whenever people responsible for keeping children safe don’t do what they’re supposed to do,” said Normer Adams, executive director of the Georgia Association of Homes and Services for Children.
Sewell said her nephew's death should sound alarm bells throughout DFCS.
"This should be a wake up call for all DFCS workers," she said.
http://www.ajc.com/news/dfcs-acknowledges-wrongdoing-in-1357736.html
State child protection officials acknowledged Tuesday that they failed to properly watch over a 4-year-old Fulton County boy who died Feb. 6 of head injuries in a case that has been ruled a homicide.
The state Division of Family and Children Services had an open case on the family of Nasir Patrick, but there was confusion about which worker was to visit the home, said Acting DFCS Deputy Director Kathy Herren. Consequently no workers made a documented visit there in nearly two months before Nasir was injured on Jan. 25.
“We were remiss in visiting the child,” Herren told The Atlanta Journal-Constitution Tuesday.
DFCS fired three employees after the boy died. The Fulton County Medical Examiner declared the death a homicide Tuesday, finding that Nasir died of delayed complications from blunt force head trauma. The Atlanta Police Department is investigating, but no arrests have been made.
Nasir’s mother, Yakerra Patrick, declined to comment when contacted by phone by an AJC reporter.
Nasir’s aunt, Mary Sewell of Coweta County, blasted DFCS for failing in its responsibility.
“He did not have to die,” Sewell said. “I blame them for not following up.”
Nasir’s death came to light through a joint investigation by the AJC and Channel 2 Action News. It was among 35 deaths in the past ten weeks of children whose families have a DFCS history.
The Patrick family came to the attention of DFCS in 2008, with allegations of neglect and inadequate supervision in 2008 and 2009. The agency could not substantiate those complaints, and the inquiries were quickly closed, according to DFCS records obtained by the AJC through the state Open Records Law.
Then, in August, Nasir and his younger sister were removed from the home after the little girl suffered a broken leg. The mother's boyfriend told investigators the injury occurred when the girl got her leg stuck between the bars of her crib.
But the doctor who examined the girl said that story did not wash, and DFCS classified the case as an instance of abuse. The girl was placed in DFCS custody and Nasir went to live with a relative.
DFCS officials say they asked the Atlanta police several times to look deeper into this girl's injury, but the department declined.
Atlanta Police spokesman Carlos Campos told the AJC Tuesday that police thoroughly investigated the girl's injuries at the time and found no evidence to support criminal charges.
In December, DFCS returned Nasir's sister to the home after a judge issued a protective order stipulating that some adult -- the name is redacted from the case file provided to the AJC -- would have no contact with her. At that point, Herren said, the case was supposed to be transferred from one caseworker to another, but each thought the other was monitoring the family.
At some point, the relative with whom Nasir was living returned him to his mother's home, without alerting DFCS. It is not clear whether DFCS workers ever discovered that he was living there.
The agency made no visits that documented the children's well-being between Dec. 9 and Jan. 25, when Nasir was injured. Caseworkers are supposed to visit families at least once a month. The DFCS record notes that a worker made a visit on Dec. 21 to deliver Christmas presents, but did not document that the children were seen.
Nasir was admitted to Scottish Rite children’s hospital Jan. 25 and diagnosed with a skull fracture. According to the police report, his mother told hospital staff that she had left Nasir with her boyfriend while she went to work. She said the boyfriend called her at work to say Nasir had suffered a seizure and fallen to the ground, striking his head on a toy truck.
Again, doctors said the injuries were not consistent with that explanation, and the case was turned over to the Atlanta police.
Herren said DFCS has been reviewing problems with internal communication for the past year, ever since its parent agency, the Department of Human Services, was put under the direction of a new commissioner, Clyde Reese. She said the handling of the Patrick case is being scrutinized and that the lessons learned will be communicated across the agency.
That’s small comfort to advocates who have monitored the agency for years.
“It’s a tragedy whenever people responsible for keeping children safe don’t do what they’re supposed to do,” said Normer Adams, executive director of the Georgia Association of Homes and Services for Children.
Sewell said her nephew's death should sound alarm bells throughout DFCS.
"This should be a wake up call for all DFCS workers," she said.
http://www.ajc.com/news/dfcs-acknowledges-wrongdoing-in-1357736.html
MURDER, ABUSE, ORGANIZED CRIME, RACKETEERING! CORRUPT JUDGES, ATTORNEYS, GUARDIAN AD LITEM, CPS, MENTAL HEALTH PROVIDERS, & ANYONE ELSE WHO STANDS TO
Child protection cases for parents with intellectual disabilities
Here's a good informative link we would like to share with you.
http://lifelongaes.net/2012/02/17/child-protection-cases-for-parents-with-intellectual-disabilities/
http://lifelongaes.net/2012/02/17/child-protection-cases-for-parents-with-intellectual-disabilities/
Mothers charged with abuse over condition of Jefferson County home
Written by Jason Riley
The house was, by all accounts, filthy and unfit for children to live in, filled with dog feces, urine, rotting garbage and other hazards.
It was the type of home from which the state routinely removes children, at least until the the dangers are eliminated.
But more than two years after two toddlers were removed from the home in eastern Jefferson County and placed with a family member, prosecutors entered into what some local officials say is uncharted terrority in so-called “dirty house” cases: prosecuting twin sisters for raising the children in such a hazardous environment.
Local officials say the state Cabinet for Health and Family Services routinely investigates dirty-house cases, but it’s rare for them to wind up in Family Court — and unheard of for anyone to face criminal charges where no child was injured in the home, as is the situation for Jeanette Allen and Janet Doughty, who are charged with criminal abuse and wanton endangerment over the home’s condition.
“It is our belief that these are the only two people in Jefferson County that have ever been prosecuted” in a case like this, Allen’s attorney, Brian Butler, said during a recent court hearing, where he argued that the case should be dismissed for selective prosecution.
“This never happens. ... These people are being treated differently and unfairly.”
The defense claims that Allen and Doughty, in their early 20s, are being singled out because of what happened to their children after they were removed from the home.
Christopher Allen, 2, was beaten to death and Wyatt Allen, his half brother, also then 2, was injured within days of being removed on Aug. 25, 2008, and placed with their aunt, Nereida Allen.
Jeanette Allen is Christopher's mother, and Doughty is Wyatt's mother.
Nereida Allen and her former boyfriend, Joshua Peacher, were convicted last year of wanton murder, assault and criminal abuse and sentenced to 47 and 70 years in prison, respectively, for the death and abuse.
Timing questioned
A day before they were sentenced, the sisters were indicted over the condition of their home. They have pleaded not guilty.
“The timing is suspicious,” said J. Clark Baird, Doughty’s attorney. “These girls were not charged until after this trial was finished.”
Assistant Commonwealth’s Attorney David Scott has said prosecutors didn't seek charges sooner because they didn't wish to interfere with the murder case, and Kentucky has no statute of limitations on felonies.
And as unique as the 2011 indictment appears to be, defense attorneys have gone to equally unheard of lengths in trying to get the cases dismissed.
Butler has filed a subpoena for one of the prosecutors, asking a judge to order him to turn over any similar criminal cases ever handled by the Jefferson commonwealth’s attorney’s office; a family law attorney who served as court-appointed guardian for the two children testified that she had never heard of this type of prosecution; and, most recently and most surprisingly, the defense brought a longtime Jefferson Family Court judge in to testify in front of the circuit judge in the case.
On Jan. 30, Judge Joan Byer testified that she has handled thousands of cases, many involving dirty homes where children lived, but had never seen a family member criminally prosecuted over the condition of a home.
In fact, Byer testified, social workers typically keep dirty-home cases out of Family Court, giving the parents a chance to clean up and fix problems — such as a lack of electricity — in order to get the children back.
“The goal is not to send the case to (Family) Court except in the most extreme or extraordinary circumstances,” Byer told Judge Barry Willett.
But prosecutors argue that Allen and Doughty’s case is, in fact, extreme and extraordinary.
“This is more than a dirty-house case,” Assistant Commonwealth’s Attorney Dorislee Gilbert told Willett on Oct. 31. “The behavior they engaged in was much more than that.”
Not only was the home a health hazard — the prosecution will have an expert testify at trial that the exposure to the feces could have caused long-lasting physical problems for the children — but the sisters admitted that they would lock the children in a room by tying an electric cord from the door handle to a heavy piece of furniture, according to court records.
A social worker told police that the sisters were putting their children “in danger” and that the home was a “safety hazard.” Both sisters, who are out of jail on their own recognizance, admitted to social workers that the home was unfit for their children, according to court records.
Yet the social worker also said in an interview with police that the children were not ill and that the sisters could have gotten them back once the house was cleaned, without any court involvement, according to a transcript of the interview.
The sisters inherited the home, which has been been sold, from their mother.
Butler said in court records that he has subpoenaed Scott to force prosecutors to “admit that they have never prosecuted a dirty-house case despite the fact that they are relatively routine.”
In an interview, Scott said this “case is not simply about a dirty house but the criminal conduct of a parent exposing their children to hazardous conditions, and that constitutes abuse.”
Scott declined to say if the state had tried similar cases, saying the issue was pending before Willett and he couldn’t discuss it.
The newspaper could not find any similar felony cases in Jefferson County. But the county attorney’s office, which handles District Court cases, said criminal prosecution in dirty-house cases is rare but not unheard of.
And there have been similar cases prosecuted outside Jefferson County.
Warren Commonwealth's Attorney Chris Cohron, past president of the Commonwealth’s Attorneys Association, said he had similar cases, including one in which a man pleaded guilty to criminal abuse after being charged with allowing a 4-year-old to be locked in a room with feces on the wall and with urine-soaked carpet.
“We’ve had cases with children living in abject squalor that we believe rose to the level of criminality,” he said.
In the sisters’ case, Butler said that he will argue that Child Protective Services found Christopher and Wyatt were healthy and without any evidence of abuse when they were removed from the home. The agency determined that the children should be temporarily relocated to allow their mothers time to clean the residence.
Prosecutors, Butler said, are creating law, a scenario no different than if they tried to prosecute a parent for smoking around their children or for giving them too much fast food.
“The commonwealth has in fact created a novel crime without any injury to the child,” Butler said in a motion to dismiss. “... Simply put, a prosecutor does not and should not have the power to create law.”
Byer testified that she had reviewed the particulars of the case and found it was not unlike others she had seen.
“Unfortunately ... this type of scenario is not an unusual scenario for the court to get,” she said. “I could give example after example of similar types of situations. ... I have never in 16 years been aware of a criminal prosecution” in a case where the child was not injured in the dirty house.
The judge told Willett that she had a recent case in which a dead dog lay in a bathroom for weeks and another where a man locked a child in a basement, forcing him to urinate in a bottle. Neither led to criminal charges.
Scott questioned Byer, however, on whether she has seen homes so bad that she felt that someone should be charged for putting children’s safety at risk.
Byer said she couldn’t answer that question but believed it would require an intent to do harm.
Susan Meschler, a family law attorney who was appointed guardian for the boys, testified that the uncleanliness of the house was just a minor part of the case and that she has never seen a case where someone has been criminally prosecuted for a dirty home.
Willett has not ruled on whether to dismiss the case before trial, but senior status Judge Geoffrey Morris, sitting in for Willett during a November hearing, said the fact that Byer hadn’t heard of any of these type of cases wouldn’t sway him to dismiss the case, at least before trial.
“It doesn’t make any difference whether another judge had never seen a case like this,” Morris said. “Wouldn’t mean a thing to me.”
Source http://www.courier-journal.com/article/20120219/NEWS01/302190064/house-conditions-child-abuse?odyssey=mod%7Cnewswell%7Ctext%7CHome%7Cs
The house was, by all accounts, filthy and unfit for children to live in, filled with dog feces, urine, rotting garbage and other hazards.
It was the type of home from which the state routinely removes children, at least until the the dangers are eliminated.
But more than two years after two toddlers were removed from the home in eastern Jefferson County and placed with a family member, prosecutors entered into what some local officials say is uncharted terrority in so-called “dirty house” cases: prosecuting twin sisters for raising the children in such a hazardous environment.
Local officials say the state Cabinet for Health and Family Services routinely investigates dirty-house cases, but it’s rare for them to wind up in Family Court — and unheard of for anyone to face criminal charges where no child was injured in the home, as is the situation for Jeanette Allen and Janet Doughty, who are charged with criminal abuse and wanton endangerment over the home’s condition.
“It is our belief that these are the only two people in Jefferson County that have ever been prosecuted” in a case like this, Allen’s attorney, Brian Butler, said during a recent court hearing, where he argued that the case should be dismissed for selective prosecution.
“This never happens. ... These people are being treated differently and unfairly.”
The defense claims that Allen and Doughty, in their early 20s, are being singled out because of what happened to their children after they were removed from the home.
Christopher Allen, 2, was beaten to death and Wyatt Allen, his half brother, also then 2, was injured within days of being removed on Aug. 25, 2008, and placed with their aunt, Nereida Allen.
Jeanette Allen is Christopher's mother, and Doughty is Wyatt's mother.
Nereida Allen and her former boyfriend, Joshua Peacher, were convicted last year of wanton murder, assault and criminal abuse and sentenced to 47 and 70 years in prison, respectively, for the death and abuse.
Timing questioned
A day before they were sentenced, the sisters were indicted over the condition of their home. They have pleaded not guilty.
“The timing is suspicious,” said J. Clark Baird, Doughty’s attorney. “These girls were not charged until after this trial was finished.”
Assistant Commonwealth’s Attorney David Scott has said prosecutors didn't seek charges sooner because they didn't wish to interfere with the murder case, and Kentucky has no statute of limitations on felonies.
And as unique as the 2011 indictment appears to be, defense attorneys have gone to equally unheard of lengths in trying to get the cases dismissed.
Butler has filed a subpoena for one of the prosecutors, asking a judge to order him to turn over any similar criminal cases ever handled by the Jefferson commonwealth’s attorney’s office; a family law attorney who served as court-appointed guardian for the two children testified that she had never heard of this type of prosecution; and, most recently and most surprisingly, the defense brought a longtime Jefferson Family Court judge in to testify in front of the circuit judge in the case.
On Jan. 30, Judge Joan Byer testified that she has handled thousands of cases, many involving dirty homes where children lived, but had never seen a family member criminally prosecuted over the condition of a home.
In fact, Byer testified, social workers typically keep dirty-home cases out of Family Court, giving the parents a chance to clean up and fix problems — such as a lack of electricity — in order to get the children back.
“The goal is not to send the case to (Family) Court except in the most extreme or extraordinary circumstances,” Byer told Judge Barry Willett.
But prosecutors argue that Allen and Doughty’s case is, in fact, extreme and extraordinary.
“This is more than a dirty-house case,” Assistant Commonwealth’s Attorney Dorislee Gilbert told Willett on Oct. 31. “The behavior they engaged in was much more than that.”
Not only was the home a health hazard — the prosecution will have an expert testify at trial that the exposure to the feces could have caused long-lasting physical problems for the children — but the sisters admitted that they would lock the children in a room by tying an electric cord from the door handle to a heavy piece of furniture, according to court records.
A social worker told police that the sisters were putting their children “in danger” and that the home was a “safety hazard.” Both sisters, who are out of jail on their own recognizance, admitted to social workers that the home was unfit for their children, according to court records.
Yet the social worker also said in an interview with police that the children were not ill and that the sisters could have gotten them back once the house was cleaned, without any court involvement, according to a transcript of the interview.
The sisters inherited the home, which has been been sold, from their mother.
Butler said in court records that he has subpoenaed Scott to force prosecutors to “admit that they have never prosecuted a dirty-house case despite the fact that they are relatively routine.”
In an interview, Scott said this “case is not simply about a dirty house but the criminal conduct of a parent exposing their children to hazardous conditions, and that constitutes abuse.”
Scott declined to say if the state had tried similar cases, saying the issue was pending before Willett and he couldn’t discuss it.
The newspaper could not find any similar felony cases in Jefferson County. But the county attorney’s office, which handles District Court cases, said criminal prosecution in dirty-house cases is rare but not unheard of.
And there have been similar cases prosecuted outside Jefferson County.
Warren Commonwealth's Attorney Chris Cohron, past president of the Commonwealth’s Attorneys Association, said he had similar cases, including one in which a man pleaded guilty to criminal abuse after being charged with allowing a 4-year-old to be locked in a room with feces on the wall and with urine-soaked carpet.
“We’ve had cases with children living in abject squalor that we believe rose to the level of criminality,” he said.
In the sisters’ case, Butler said that he will argue that Child Protective Services found Christopher and Wyatt were healthy and without any evidence of abuse when they were removed from the home. The agency determined that the children should be temporarily relocated to allow their mothers time to clean the residence.
Prosecutors, Butler said, are creating law, a scenario no different than if they tried to prosecute a parent for smoking around their children or for giving them too much fast food.
“The commonwealth has in fact created a novel crime without any injury to the child,” Butler said in a motion to dismiss. “... Simply put, a prosecutor does not and should not have the power to create law.”
Byer testified that she had reviewed the particulars of the case and found it was not unlike others she had seen.
“Unfortunately ... this type of scenario is not an unusual scenario for the court to get,” she said. “I could give example after example of similar types of situations. ... I have never in 16 years been aware of a criminal prosecution” in a case where the child was not injured in the dirty house.
The judge told Willett that she had a recent case in which a dead dog lay in a bathroom for weeks and another where a man locked a child in a basement, forcing him to urinate in a bottle. Neither led to criminal charges.
Scott questioned Byer, however, on whether she has seen homes so bad that she felt that someone should be charged for putting children’s safety at risk.
Byer said she couldn’t answer that question but believed it would require an intent to do harm.
Susan Meschler, a family law attorney who was appointed guardian for the boys, testified that the uncleanliness of the house was just a minor part of the case and that she has never seen a case where someone has been criminally prosecuted for a dirty home.
Willett has not ruled on whether to dismiss the case before trial, but senior status Judge Geoffrey Morris, sitting in for Willett during a November hearing, said the fact that Byer hadn’t heard of any of these type of cases wouldn’t sway him to dismiss the case, at least before trial.
“It doesn’t make any difference whether another judge had never seen a case like this,” Morris said. “Wouldn’t mean a thing to me.”
Source http://www.courier-journal.com/article/20120219/NEWS01/302190064/house-conditions-child-abuse?odyssey=mod%7Cnewswell%7Ctext%7CHome%7Cs
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