Written by Raven Clabough
Patricia Finn (left), a vaccine rights attorney in New York, is being targeted by the Ninth Judicial District, which is threatening to strip her license to practice law and file criminal charges against her.
Finn has garnered a reputation for helping parents to protect their children from vaccines that are viewed as potentially dangerous, and also represents families of victims who have suffered adverse reactions to vaccinations. Among the anti-vaccine community Finn is touted as a hero, but those in favor of vaccinations view her as a villain.
According to Finn’s website, her law office “focuses on protecting clients’ First Amendment rights,” and that the attorneys are “especially dedicated to the rights of parents and individuals who have religious beliefs in conflict with mandated vaccines.” Those clients in particular require help to receive exemptions relating to school, immigration, adoption, and the workplace.
Finn has now come under the scrutiny of the NYS Ninth Judicial District Grievance Committee. She contends that the she has been harassed by the New York State Judiciary after insisting that parents have constitutional rights regarding vaccine decisions for their children, particularly after she represented health care workers in New York regarding the H1N1 (swine flu) mandatory vaccination policy. New York was the first state to require mandatory flu shots for healthcare workers.
On February 22, Finn delivered the keynote address at the Parental Rights rally in Charleston, West Virginia — held by parents in order to draw attention to their constitutional rights to protect their children from the medical/industrial complex's vaccination protocol.
West Virginia is one of two states that do not permit religious or philosophical exemption against vaccination; Mississippi is the other. Both states mandate that children receive multiple vaccines, including those against hepatitis B, in order to attend daycare, public, or private school.
A group called “We the Parents” hired Finn to represent them in their cause against the state of West Virginia to change that mandate. Finn has also recently been hired by the parents of Kaylynne Matten, the 7-year-old Vermont girl who died in December 2011 just four days after receiving the flu vaccine.
Following her appearance at the “We the Parents” rally in West Virginia, Finn was served with papers threatening to strip her of her license to practice law. One document describes her vaccine right advocacy as “threatening the public interest.”
Mike Adams of Natural News raises the point that if vaccine proponents are so confident in the ability of the vaccinations to offer absolute and total immunity against infectious diseases, then “how can an unvaccinated child ever threaten the health of a vaccinated child?”
In a letter outlining the various charges against her, Patricia Finn was told that she must relinquish her complete list of clients to the judiciary. Most people understand that what the court is asking of Finn is a clear violation of attorney/client privilege. Adams contends that the court is looking to “terrorize the parents who have sought legal help in opting out of dangerous vaccines.”
Finn’s problems with the New York Judiciary began with her “legal termination” by New York. She explains:
This morning I was served with papers to suspend my license to practice law. The charges are bogus and come on the heels of my address to the Parental Rights Rally in WV. I am also being ordered to disclose the names of people I represent who do not vaccinate… I refuse. I would go to jail first before I give out the names. Please contact all pro vaccine choice organizations and the media… know the truth! I call this harassment the Wakefield Effect!
The “Wakefield Effect” refers to the censorship of anyone who takes a stand against vaccinations. Dr. Andrew Wakefield was reportedly slandered by the British Medical Journal (BMJ) for his views on vaccinations and for his claims that they could lead to conditions such as autism and bowel disease. He has since filed a lawsuit against the British Medical Journal to clear his name.
Natural News reports:
The lawsuit cites several articles and editorials published in BMJ that include "false and defamatory allegations" about Dr. Wakefield and his work. "Secrets of the MMR [measles, mumps, rubella] scare: how the case against the MMR vaccine was fixed," an article written by journalist Brian Deer that was published in BMJ, and an accompanying editorial by Fiona Godlee, editor-in-chief of BMJ, are two of the defamatory writings named in the suit.
It’s worth noting that the last two complaints brought against Finn were filed sua sponte, meaning “on their own accord” — there is no former client or public complainant filing the charges. Instead, they are put forward by the New York Ninth Judicial District Grievance Committee itself.
Finn is not likely to be intimidated, it seems. She posted on her Facebook page: “If it takes my license to get attention to this issue, then so be it. I’ve done nothing wrong.”
Opponents of vaccinations claim that forced vaccines are a violation of constitutional rights.
Claudia Raymer, founder of the group We the People, stated, “We feel like it’s a constitutional issue.” She adds that vaccines also pose a moral dilemma, as some are developed with the use of aborted fetuses.
During the We the People rally, Raymer made the argument that some vaccines are wholly unnecessary, such as the one for chicken pox, which is not a deadly disease, and the one for Hepatitis B, a sexually-transmitted disease.
Raymer has a stake in the push to change West Virginia law, as her son developed a condition that she asserts is related to immunizations. When a doctor in Pittsburgh recommended that she receive a medical exemption for her son, she was denied by Marshall County officials in West Virginia. Raymer is now filing an injunction, but if the exemption is denied, she asserts her only remaining option will be to home-school her son.
"We're not asking for groundbreaking legislation," Raymer said. "We're asking for the rights just like other states [have]."
While advocates of vaccinations contend that the higher the percentage of vaccinated students, the less likely a school is for outbreaks of illnesses, opponents mention to possible connections between vaccines and conditions such as autism — pointing out that groups such as the Amish, who do not participate in vaccine programs, have zero reports of autism. Likewise, vaccines such as those which are said to prevent cervical cancer, have had reported negative effects such as brain damage.
Vaccine skeptics also call attention to the content of vaccines — such as mercury, formaldehyde, phenoxyethanol, and diploid cells from aborted fetal tissue — and the long-term effects of those items on the human body as prime reasons not to force vaccinations on the American people.
The battle over vaccines has been a contentious and long-standing one. According to Finn, the decision of the New York Judiciary to target her is a clear indication that the state of New York wishes to strip parents of their legal protections.
Source http://www.thenewamerican.com/usnews/constitution/11023-ny-threatens-to-remove-license-of-anti-vaccine-attorney
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 29, 2012
State Keeps Death Files of Abused Children Secret - New York
By JO CRAVEN McGINTY
When Elisa Izquierdo, a 6-year-old, was killed by her mother in 1995, she became a symbol of a dysfunctional bureaucracy, one that allowed a drug addict to retain custody of her daughter despite numerous reports of abuse.
The resulting outcry led to an overhaul of New York City’s child welfare system and the passage in Albany of Elisa’s Law, a measure loosening the secrecy regulations in child-abuse investigations. Among other reforms, the law required a public accounting of the events leading up to the death of any child in New York State who had been reported as abused or neglected.
But for the last five years, the state’s Office of Children and Family Services has been working quietly and persistently to limit access to those case reports, which in most instances are the only record of the circumstances leading up to the deaths.
In 2007, the office tried to have the law changed. When that failed, it made its own rule. According to a policy enacted by the office in September 2008, it will not release the fatality reports mandated by Elisa’s Law if there are siblings or other children in the home and officials decide that revealing the family’s abuse and investigative history is not in their “best interests.”
“This is like back to the future,” said Jeffrey Binder, who was press secretary for former State Senator Roy M. Goodman, Republican of Manhattan, when he sponsored Elisa’s Law. “We were trying very hard to remove the veil of secrecy.”
After The New York Times began asking about the policy on withholding reports, a spokesman for Gov. Andrew M. Cuomo said the governor’s office would review the change.
The fatality reports were intended to permit public scrutiny of the performance of child welfare authorities while protecting the privacy of those involved. The reports do not identify deceased children, their caseworkers or anyone else by name. But they do list every complaint of abuse or neglect involving the child, the child welfare agency’s response to the complaints, and an assessment of whether the response was adequate.
The state issues about 250 fatality reports each year. And in 2010, for example, two-thirds of the reports issued in New York City involved homes with multiple children, meaning that under its new policy, officials could withhold information about their deaths.
“The whole point of this was to insist we were going to have accountability,” said Martin Guggenheim, a professor of law at New York University and an expert in child welfare law. “What we’re now stuck with is delegating to the commissioner the discretion to refuse to disclose a report because of her conclusion that it wouldn’t be in a child’s best interest.”
The state agency says it changed the rule out of concern for the privacy of surviving children. Elisa’s Law included a provision allowing the office to withhold reports if someone requested to see a particular child’s case. But state officials said anyone could get around that provision by simply asking to see all the reports in a given year.
“Our primary focus is protecting the interests of surviving siblings and family members,” said Gladys Carrión, the commissioner of the Office of Children and Family Services.
Ms. Carrión said she could not provide an example of a child’s being harmed as a result of the release of a fatality report, but she said: “It is not far-fetched that releasing the information of a particular child would have an adverse impact on surviving siblings.”
Before her death, Elisa’s life seemed full of promise. She lived with her devoted father. Teachers described her as radiant. And a benefactor had agreed to pay for her education.
All of that changed when her father died of cancer and her mother, Awilda Lopez, was awarded custody. Ms. Lopez, whom acquaintances described as crazed by crack cocaine, said she saw the devil when she looked into her daughter’s face.
Ms. Lopez beat the girl, abused her sexually and subjected her to a barrage of hurt and humiliation. Finally, she smashed the girl’s head against concrete and left her lying slack-jawed and unconscious for two days until she died. Elisa was buried in Cypress Hills Cemetery in Queens, where the epitaph carved into her tombstone pleads, “World Please Watch Over the Children.”
Relatives, teachers and others who had seen evidence of Elisa’s abuse had complained to child welfare authorities at least seven times.
One major change after Elisa’s death was the creation by New York City of the Administration for Children’s Services, a separate agency devoted to child welfare and protection. Another was Elisa’s Law, which arose out of lawmakers’ frustration when city authorities, citing confidentiality, refused to answer questions about their role in the death.
So far, multiple bills drafted at the request of the Office of Children and Family Services to limit the public disclosure portion of Elisa’s Law have failed. The most recent was introduced in the Assembly in the current legislative session and in January was referred to committee.
The bill would require the state to release its recommendations for administrative or policy changes resulting from a child’s death. But in cases where there are surviving siblings or other children in the home, the bill would permit the state to withhold the details of the family’s case history and how the local child welfare agency responded if releasing those details was deemed to be against the other children’s “best interest.” The local agency, which in New York City is the Administration for Children’s Services, would have a say in the decision, even though that agency might have been responsible for any missteps.
The Assembly speaker, Sheldon Silver, a Manhattan Democrat who sponsored the Assembly version of Elisa’s Law, would not comment on the changes to public disclosure proposed by the Office of Children and Family Services. But a spokeswoman said on his behalf that any bill to amend Elisa’s Law would be vetted to determine whether the process protects “to the greatest extent possible” New York’s children and their families.
Marcia Robinson Lowry, a lawyer and the director of Children’s Rights Inc., a national watchdog group dedicated to reforming government child welfare services, said limiting access to reports would hurt efforts to make the system more responsive to children in dangerous homes.
“They are something a public advocacy group or a think tank or a responsible party can have available to understand the systemic failures that have led to these children’s deaths,” she said. “They are critically important.”
Source http://www.nytimes.com/2012/02/29/nyregion/nys-evades-requirement-for-disclosure-on-childrens-deaths.html?pagewanted=2&_r=1
When Elisa Izquierdo, a 6-year-old, was killed by her mother in 1995, she became a symbol of a dysfunctional bureaucracy, one that allowed a drug addict to retain custody of her daughter despite numerous reports of abuse.
The resulting outcry led to an overhaul of New York City’s child welfare system and the passage in Albany of Elisa’s Law, a measure loosening the secrecy regulations in child-abuse investigations. Among other reforms, the law required a public accounting of the events leading up to the death of any child in New York State who had been reported as abused or neglected.
But for the last five years, the state’s Office of Children and Family Services has been working quietly and persistently to limit access to those case reports, which in most instances are the only record of the circumstances leading up to the deaths.
In 2007, the office tried to have the law changed. When that failed, it made its own rule. According to a policy enacted by the office in September 2008, it will not release the fatality reports mandated by Elisa’s Law if there are siblings or other children in the home and officials decide that revealing the family’s abuse and investigative history is not in their “best interests.”
“This is like back to the future,” said Jeffrey Binder, who was press secretary for former State Senator Roy M. Goodman, Republican of Manhattan, when he sponsored Elisa’s Law. “We were trying very hard to remove the veil of secrecy.”
After The New York Times began asking about the policy on withholding reports, a spokesman for Gov. Andrew M. Cuomo said the governor’s office would review the change.
The fatality reports were intended to permit public scrutiny of the performance of child welfare authorities while protecting the privacy of those involved. The reports do not identify deceased children, their caseworkers or anyone else by name. But they do list every complaint of abuse or neglect involving the child, the child welfare agency’s response to the complaints, and an assessment of whether the response was adequate.
The state issues about 250 fatality reports each year. And in 2010, for example, two-thirds of the reports issued in New York City involved homes with multiple children, meaning that under its new policy, officials could withhold information about their deaths.
“The whole point of this was to insist we were going to have accountability,” said Martin Guggenheim, a professor of law at New York University and an expert in child welfare law. “What we’re now stuck with is delegating to the commissioner the discretion to refuse to disclose a report because of her conclusion that it wouldn’t be in a child’s best interest.”
The state agency says it changed the rule out of concern for the privacy of surviving children. Elisa’s Law included a provision allowing the office to withhold reports if someone requested to see a particular child’s case. But state officials said anyone could get around that provision by simply asking to see all the reports in a given year.
“Our primary focus is protecting the interests of surviving siblings and family members,” said Gladys Carrión, the commissioner of the Office of Children and Family Services.
Ms. Carrión said she could not provide an example of a child’s being harmed as a result of the release of a fatality report, but she said: “It is not far-fetched that releasing the information of a particular child would have an adverse impact on surviving siblings.”
Before her death, Elisa’s life seemed full of promise. She lived with her devoted father. Teachers described her as radiant. And a benefactor had agreed to pay for her education.
All of that changed when her father died of cancer and her mother, Awilda Lopez, was awarded custody. Ms. Lopez, whom acquaintances described as crazed by crack cocaine, said she saw the devil when she looked into her daughter’s face.
Ms. Lopez beat the girl, abused her sexually and subjected her to a barrage of hurt and humiliation. Finally, she smashed the girl’s head against concrete and left her lying slack-jawed and unconscious for two days until she died. Elisa was buried in Cypress Hills Cemetery in Queens, where the epitaph carved into her tombstone pleads, “World Please Watch Over the Children.”
Relatives, teachers and others who had seen evidence of Elisa’s abuse had complained to child welfare authorities at least seven times.
One major change after Elisa’s death was the creation by New York City of the Administration for Children’s Services, a separate agency devoted to child welfare and protection. Another was Elisa’s Law, which arose out of lawmakers’ frustration when city authorities, citing confidentiality, refused to answer questions about their role in the death.
So far, multiple bills drafted at the request of the Office of Children and Family Services to limit the public disclosure portion of Elisa’s Law have failed. The most recent was introduced in the Assembly in the current legislative session and in January was referred to committee.
The bill would require the state to release its recommendations for administrative or policy changes resulting from a child’s death. But in cases where there are surviving siblings or other children in the home, the bill would permit the state to withhold the details of the family’s case history and how the local child welfare agency responded if releasing those details was deemed to be against the other children’s “best interest.” The local agency, which in New York City is the Administration for Children’s Services, would have a say in the decision, even though that agency might have been responsible for any missteps.
The Assembly speaker, Sheldon Silver, a Manhattan Democrat who sponsored the Assembly version of Elisa’s Law, would not comment on the changes to public disclosure proposed by the Office of Children and Family Services. But a spokeswoman said on his behalf that any bill to amend Elisa’s Law would be vetted to determine whether the process protects “to the greatest extent possible” New York’s children and their families.
Marcia Robinson Lowry, a lawyer and the director of Children’s Rights Inc., a national watchdog group dedicated to reforming government child welfare services, said limiting access to reports would hurt efforts to make the system more responsive to children in dangerous homes.
“They are something a public advocacy group or a think tank or a responsible party can have available to understand the systemic failures that have led to these children’s deaths,” she said. “They are critically important.”
Source http://www.nytimes.com/2012/02/29/nyregion/nys-evades-requirement-for-disclosure-on-childrens-deaths.html?pagewanted=2&_r=1
Father describes hard lessons
Blogger Note:
This sounds all too familiar! It seems that every family that CPS touches, tells the same story. The only difference is in the names. The only good that ever comes of CPS involvement with a family is that they soon learn the truth about kangaroo courts and how our country is truly run. ? What Constitution ?
---
Family dispute gone wrong leads to girls taken from home.
ELKHART — Victor Marquis remembers Sept. 13, 2007, as the day his disillusionment with his country began.
Marquis, a 47-year-old engineer whose two teenage daughters live with him, recalls that night in 2007 when they were taken away and mired in what he calls an unconstitutional system.
That night, Marquis says, the family was planning to attend an event that required wearing clothes that his older daughter, Victoria, resisted putting on.
Tensions between him and his now-ex-wife were already heading toward divorce, he says, and when 13-year-old Victoria refused to wear the outfit, Marquis became so angry he decided to spank the girl. His wife stepped in front of him to block him, he says, so he spanked his wife instead.
His then-wife ran downstairs and Marquis followed, he says, accidentally running into the girls’ stepmother and knocking her down some stairs.
Marquis says the woman was not injured and things calmed down, so he left to pick up his younger daughter. But when he returned, police were there.
The father was ultimately charged with felony domestic battery in front of a minor, which was reduced to a misdemeanor and led to a year’s probation.
But the incident also led to the girls being declared wards of the state, who spent almost 18 months in foster homes.
Marquis’ first attorney told him to agree with Child Protective Services that the children were in need of services and things would move more quickly; instead, he says, the situation became even more complicated.
Victoria, who is now 18, says one foster home had such a bad lice infestation that the girls suffered with the nits for six months. The other home, she says, housed other foster children who ate most of the available food, forcing the girls to appeal to a neighbor for sustenance.
Marquis says he attended individual and family therapy sessions, trying his best to comply with Department of Child Services wishes.
He attended anger management classes, he says, but they insisted that he admit to beating his wife.
“They wanted me to say, ‘I’m Victor Marquis, and I’m a batterer,’” he says. “I wasn’t a wife abuser. ... There were men in there who had beat their wives and still had their kids.”
The man running the program eventually testified that Marquis was in denial about what had happened, he says.
Even after he had hired a different attorney, Marquis says he wasn’t allowed to call his own witnesses, such as the girls’ mother, Sharon Marquis, to defend his parenting skills. Sharon had given him full custody long before the incident, she says, because of issues of her own.
Sharon Marquis and both girls say Victor has rarely lost his temper. But “I could have handled it differently, I admit,” he says now.
The judge stressed that it was against the law for him to tell anyone else about the case, he says, which added to the helplessness.
“They were feeling good about taking my kids away from me based on incorrect information, which I was never able to refute,” Marquis says.
“There’s no oversight,” he says, “and parents are minimized.”
Meanwhile, Victoria says that when she’d meet with her Court Appointed Special Advocate, what she told her was reported out of context in court.
She told the woman, “‘I miss my family,’” Victoria says. “‘My dad is a little crazy, but isn’t everybody a little crazy?’ She told the judge I said, ‘My dad is crazy.’ It was ridiculous. They didn’t really listen.”
The girls had to switch schools twice while living in the foster homes. Victoria says she’s less trusting — and more possessive of her things — than she used to be.
Her father is more bitter.
“This is not the country I grew up in,” Marquis says. “This is not the country I thought it was.”
Source http://www.wsbt.com/news/sbt-father-describes-hard-lessons-20120226,0,5201592.story
This sounds all too familiar! It seems that every family that CPS touches, tells the same story. The only difference is in the names. The only good that ever comes of CPS involvement with a family is that they soon learn the truth about kangaroo courts and how our country is truly run. ? What Constitution ?
---
Family dispute gone wrong leads to girls taken from home.
ELKHART — Victor Marquis remembers Sept. 13, 2007, as the day his disillusionment with his country began.
Marquis, a 47-year-old engineer whose two teenage daughters live with him, recalls that night in 2007 when they were taken away and mired in what he calls an unconstitutional system.
That night, Marquis says, the family was planning to attend an event that required wearing clothes that his older daughter, Victoria, resisted putting on.
Tensions between him and his now-ex-wife were already heading toward divorce, he says, and when 13-year-old Victoria refused to wear the outfit, Marquis became so angry he decided to spank the girl. His wife stepped in front of him to block him, he says, so he spanked his wife instead.
His then-wife ran downstairs and Marquis followed, he says, accidentally running into the girls’ stepmother and knocking her down some stairs.
Marquis says the woman was not injured and things calmed down, so he left to pick up his younger daughter. But when he returned, police were there.
The father was ultimately charged with felony domestic battery in front of a minor, which was reduced to a misdemeanor and led to a year’s probation.
But the incident also led to the girls being declared wards of the state, who spent almost 18 months in foster homes.
Marquis’ first attorney told him to agree with Child Protective Services that the children were in need of services and things would move more quickly; instead, he says, the situation became even more complicated.
Victoria, who is now 18, says one foster home had such a bad lice infestation that the girls suffered with the nits for six months. The other home, she says, housed other foster children who ate most of the available food, forcing the girls to appeal to a neighbor for sustenance.
Marquis says he attended individual and family therapy sessions, trying his best to comply with Department of Child Services wishes.
He attended anger management classes, he says, but they insisted that he admit to beating his wife.
“They wanted me to say, ‘I’m Victor Marquis, and I’m a batterer,’” he says. “I wasn’t a wife abuser. ... There were men in there who had beat their wives and still had their kids.”
The man running the program eventually testified that Marquis was in denial about what had happened, he says.
Even after he had hired a different attorney, Marquis says he wasn’t allowed to call his own witnesses, such as the girls’ mother, Sharon Marquis, to defend his parenting skills. Sharon had given him full custody long before the incident, she says, because of issues of her own.
Sharon Marquis and both girls say Victor has rarely lost his temper. But “I could have handled it differently, I admit,” he says now.
The judge stressed that it was against the law for him to tell anyone else about the case, he says, which added to the helplessness.
“They were feeling good about taking my kids away from me based on incorrect information, which I was never able to refute,” Marquis says.
“There’s no oversight,” he says, “and parents are minimized.”
Meanwhile, Victoria says that when she’d meet with her Court Appointed Special Advocate, what she told her was reported out of context in court.
She told the woman, “‘I miss my family,’” Victoria says. “‘My dad is a little crazy, but isn’t everybody a little crazy?’ She told the judge I said, ‘My dad is crazy.’ It was ridiculous. They didn’t really listen.”
The girls had to switch schools twice while living in the foster homes. Victoria says she’s less trusting — and more possessive of her things — than she used to be.
Her father is more bitter.
“This is not the country I grew up in,” Marquis says. “This is not the country I thought it was.”
Source http://www.wsbt.com/news/sbt-father-describes-hard-lessons-20120226,0,5201592.story
Josh Brodesky: Protecting itself is what CPS does best
A very good article with lots of interesting information on how CPS hides the truth in child deaths.
http://azstarnet.com/news/local/josh-brodesky-protecting-itself-is-what-cps-does-best/article_a36fc3d1-3d6e-5621-a88b-d334f63bb335.html
http://azstarnet.com/news/local/josh-brodesky-protecting-itself-is-what-cps-does-best/article_a36fc3d1-3d6e-5621-a88b-d334f63bb335.html
Safety of children not always a priority for state in domestic violence cases - Kentucky
By Valarie Honeycutt Spears
There were warning signs that Michael Utley was a danger to his toddler son.
Utley had been charged with assaulting the mother of his child 18 months before the Gallatin County man attacked his live-in girlfriend and then shot and killed their 3-year-old son and himself in February 2009.
When the mother attempted to drive her "trashed" partner home from a local bar in September 2007, Utley slapped her hard enough to give her a black eye as 17-month-old Owen James Utley sat in the back seat.
A state adult-protection worker substantiated "partner abuse." But social workers never considered Owen's safety, according to an internal review of the boy's death conducted by the Cabinet for Health and Family Services, which handles child and adult protection in Kentucky.
Social workers should have formally assessed the "risk of harm" to Owen after the domestic violence episode, according to the internal review that focused on the handling of the case before the deaths.
That oversight was one of several problems related to domestic violence documented in internal reviews completed after children with whom the cabinet had previous contact died or were seriously harmed in 2009 and 2010.
A Lexington Herald-Leader analysis of the 85 reviews found that domestic violence in the family was mentioned in 48 of them and that an episode of domestic violence played a direct role in the injury or death of a child in five instances, including the death of Owen, who was killed shortly after his father had beaten his mother.
Among the shortcomings identified in the reviews:
■ Social workers don't always emphasize the safety of the child when domestic violence is discovered in a family.
■ Social workers sometimes fail to thoroughly assess whether domestic violence has occurred.
■ People living in some rural areas don't have convenient access to domestic violence shelters.
According to a 2011 report on deaths and near-deaths from child abuse and neglect in Kentucky, domestic violence was identified as a risk factor in 68 percent of cases from 2007 to 2011.
Another report released in January 2011 said studies have shown that there is an overlap of 30 percent to 60 percent between violence against children and violence against women in the same families.
In Kentucky, police must send the state a report of all incidents of domestic violence, and adult-protection workers are supposed to investigate those cases, although people are not required to accept the workers' help. Additionally, state regulations say that the cabinet must conduct an assessment to see whether a child is at risk of harm from domestic violence.
According to Jim Grace, assistant director of the cabinet's Division of Protection and Permanency, simultaneous child protection and domestic violence investigations are launched under a variety of circumstances, including if the child has been harmed, is prevented from leaving the premises by an abuser or is considered at risk of being harmed.
But cabinet officials conducting the fatality reviews said workers sometimes missed opportunities to protect children whose families experienced domestic violence.
For example, the cabinet's review of one 3-year-old's death raised questions about why the state found in a case involving the child's family that "there are no child-protection issues" even though a female relative told authorities, "I'm scared for my life and my child's life." The woman said she was being physically abused on a regular basis.
The review of Jeffrey B. Fields' death also questions whether a child-protection investigation should have been initiated after a report said, "Child has seen mother's paramour beat mommy up."
In the end, Jeffrey died in a traffic accident in 2010 when he was thrown from a car driven by a woman who was not his parent and who allegedly could not pass a drug test after the crash, according to the review of his death. There were previous reports of domestic violence in the child's family and the driver's family.
In an April 2009 case in Larue County, a child was taken to Hardin Memorial Hospital with 16 fractures and "multiple brain bleeds" and nearly died. A man in the child's home — his relationship to the mother was not made clear in documents — was criminally charged, and the cabinet found that the mother was neglectful for not protecting her child.
The review in that case noted that another child in the family was injured in 2007 during a domestic violence case involving the mother's previous boyfriend. That boyfriend assaulted the mother when she had an infant in her arms, cutting and bruising her and leaving a bruise and swelling on the baby's head.
The cabinet's review said staff should "continue to emphasize child safety and assessment" when conducting concurrent child-protection and adult-protection cases.
Grace said the cabinet is conducting training "on the dynamics of domestic violence and how it relates to a child's protection."
Once cabinet officials identify a systemic problem as a result of a fatality review, "there's the expectation that we would correct it," he said.
Shelters not always close
The death of Owen Utley also highlighted a lack of domestic violence shelters in rural portions of Kentucky.
After the initial 2007 report of domestic violence against Owen's mother, a social worker spoke with her about financial resources and alternative living arrangements that were available to her. But going to a shelter in her own community was not an option.
Ultimately, the cabinet's review said Michael Utley beat Owen's mother in February 2009 until she had two black eyes and cuts to her ear, and was missing chunks hair. When she ran to a neighbor's home for help, he killed the child and himself.
The "lack of shelter options in rural counties could be a deterrent to victims utilizing ... services," the review said.
Sherry Currens, executive director of the Kentucky Domestic Violence Association, said there are 15 regional shelters with a total of 466 beds, which are nearly always full. All 120 counties are served by a shelter, but some residents have to travel farther than others, Currens said.
It's unlikely that shelters could expand their services without additional funding, she said, and domestic violence shelters in Kentucky got less state funding per resident in 2011 than in 1996.
Coordination lacking
Beyond the problems noted in the fatality reviews, there are other gaps, domestic violence victim advocates said.
Currens said she knows of instances when adult-protection workers have dropped a case after child-protection workers got involved. But both kinds of workers are needed to help the non-offending parent figure out "how to deal with the threat to the children," she said.
Coordination between advocates and cabinet workers has at times been lacking, advocates said.
Darlene Thomas, executive director of the Lexington-based Bluegrass Domestic Violence Program, said advocates are sometimes not told by cabinet workers about domestic violence incidents. In other cases, advocates who contract with the cabinet to provide victim services don't have enough staff to attend team meetings about the family.
Lisa Holmes, the director of a domestic violence shelter in Elizabethtown, was concerned recently that she couldn't immediately get an answer at an intake line for the local child-protection office.
Holmes said she was "scared to death" for the safety of a child whose mother decided to leave the shelter.
Police had brought the mother to the SpringHaven shelter after "her boyfriend told her that the best way to handle his anger was to beat her 3-year-old child. So he picked her up and threw her, and she has a bruise on her face," Holmes said, referring to the child.
Holmes was trying to confirm that the boyfriend was in jail and that the mother and child would be safe if they returned home.
Holmes said she thought it would help "if we were quicker and better at adjudicating domestic violence cases and women had the support of CPS (child protection workers) instead of being afraid of them."
Removing children
Advocates and child-protection workers are sometimes at odds about the best way to keep safe a child who has been exposed to domestic violence.
Members of Currens' group are concerned that the cabinet sometimes unfairly recommends that judges remove children from a domestic violence victim's custody under the theory that the victim is failing to protect the child.
As a matter of policy, the cabinet does not recommend removal of any child from a parent's home unless there is risk to the child's physical safety or well-being, cabinet spokeswoman Anya Weber said. Recommendations are presented to the court, where the ultimate decision is made related to removal of the child, Weber said.
Thomas, the Lexington-based domestic violence advocate, said children should be protected from a parent who is a batterer. But she and other advocates said every attempt should be made to allow the child to remain with the non-offending parent.
The 2009 near-death of a 2-month-old girl demonstrates the difficult decisions that child-protection workers must sometimes make in cases of domestic violence.
A state review of the case noted that the cabinet substantiated neglect by the child's mother due to a "history of engaging in abusive relationships," not following through once she was granted domestic violence protection orders, and not being cooperative in previous law enforcement interventions involving domestic violence with the child's alleged abuser.
According to the review, the unidentified child was taken to the University of Kentucky Hospital in 2009 with a traumatic brain injury after her mother's paramour admitted to shaking her and handling her roughly.
Solutions
There are at least two legislative proposals this year to create task forces that would study the effect of domestic violence on Kentucky's children and come up with proposed laws for the 2013 General Assembly.
The sponsor of one proposal, Democratic state Rep. Joni Jenkins of Shively, said she worked in a domestic violence shelter for 10 years. She said expanding the services of domestic violence shelters would be beneficial.
"No kid gets beat in shelters. No kid gets neglected in shelters," she said.
Meanwhile, Sen. Mike Wilson, R-Bowling Green, and Rep. Johnny Bell, D-Glasgow, have introduced bills that would require the cabinet to assess the needs of children and custodial parents who have been exposed to domestic violence and to provide prevention services to help the child live at home. So far, neither bill has been considered by a legislative committee.
Other states have found success in having police, child-protection workers and domestic violence advocates working together on a team.
In Fresno, Calif., police Sgt. Daniel Macias is a member of the Children Exposed to Domestic Violence Team, which operates with a $200,000-a-year federal grant. The team's social workers and advocates, along with police detectives, investigate and provide services after domestic violence cases in which children are present, Macias said.
The team follows up with adult victims, Macias said, and "with the children, which are really the key to trying to stop the cycle of violence."
In Kentucky, Thomas said she would like to see collaborative efforts between the cabinet, which investigates allegations of abuse, and agencies that provide services for spouse-abuse victims to make sure families "have all available supports."
Having domestic violence advocates attend cabinet team meetings about individual families would help, she said.
But, Thomas said, "it all comes down to resources."
Source http://www.kentucky.com/2012/02/26/2084442/safety-of-children-not-always.html
There were warning signs that Michael Utley was a danger to his toddler son.
Utley had been charged with assaulting the mother of his child 18 months before the Gallatin County man attacked his live-in girlfriend and then shot and killed their 3-year-old son and himself in February 2009.
When the mother attempted to drive her "trashed" partner home from a local bar in September 2007, Utley slapped her hard enough to give her a black eye as 17-month-old Owen James Utley sat in the back seat.
A state adult-protection worker substantiated "partner abuse." But social workers never considered Owen's safety, according to an internal review of the boy's death conducted by the Cabinet for Health and Family Services, which handles child and adult protection in Kentucky.
Social workers should have formally assessed the "risk of harm" to Owen after the domestic violence episode, according to the internal review that focused on the handling of the case before the deaths.
That oversight was one of several problems related to domestic violence documented in internal reviews completed after children with whom the cabinet had previous contact died or were seriously harmed in 2009 and 2010.
A Lexington Herald-Leader analysis of the 85 reviews found that domestic violence in the family was mentioned in 48 of them and that an episode of domestic violence played a direct role in the injury or death of a child in five instances, including the death of Owen, who was killed shortly after his father had beaten his mother.
Among the shortcomings identified in the reviews:
■ Social workers don't always emphasize the safety of the child when domestic violence is discovered in a family.
■ Social workers sometimes fail to thoroughly assess whether domestic violence has occurred.
■ People living in some rural areas don't have convenient access to domestic violence shelters.
According to a 2011 report on deaths and near-deaths from child abuse and neglect in Kentucky, domestic violence was identified as a risk factor in 68 percent of cases from 2007 to 2011.
Another report released in January 2011 said studies have shown that there is an overlap of 30 percent to 60 percent between violence against children and violence against women in the same families.
In Kentucky, police must send the state a report of all incidents of domestic violence, and adult-protection workers are supposed to investigate those cases, although people are not required to accept the workers' help. Additionally, state regulations say that the cabinet must conduct an assessment to see whether a child is at risk of harm from domestic violence.
According to Jim Grace, assistant director of the cabinet's Division of Protection and Permanency, simultaneous child protection and domestic violence investigations are launched under a variety of circumstances, including if the child has been harmed, is prevented from leaving the premises by an abuser or is considered at risk of being harmed.
But cabinet officials conducting the fatality reviews said workers sometimes missed opportunities to protect children whose families experienced domestic violence.
For example, the cabinet's review of one 3-year-old's death raised questions about why the state found in a case involving the child's family that "there are no child-protection issues" even though a female relative told authorities, "I'm scared for my life and my child's life." The woman said she was being physically abused on a regular basis.
The review of Jeffrey B. Fields' death also questions whether a child-protection investigation should have been initiated after a report said, "Child has seen mother's paramour beat mommy up."
In the end, Jeffrey died in a traffic accident in 2010 when he was thrown from a car driven by a woman who was not his parent and who allegedly could not pass a drug test after the crash, according to the review of his death. There were previous reports of domestic violence in the child's family and the driver's family.
In an April 2009 case in Larue County, a child was taken to Hardin Memorial Hospital with 16 fractures and "multiple brain bleeds" and nearly died. A man in the child's home — his relationship to the mother was not made clear in documents — was criminally charged, and the cabinet found that the mother was neglectful for not protecting her child.
The review in that case noted that another child in the family was injured in 2007 during a domestic violence case involving the mother's previous boyfriend. That boyfriend assaulted the mother when she had an infant in her arms, cutting and bruising her and leaving a bruise and swelling on the baby's head.
The cabinet's review said staff should "continue to emphasize child safety and assessment" when conducting concurrent child-protection and adult-protection cases.
Grace said the cabinet is conducting training "on the dynamics of domestic violence and how it relates to a child's protection."
Once cabinet officials identify a systemic problem as a result of a fatality review, "there's the expectation that we would correct it," he said.
Shelters not always close
The death of Owen Utley also highlighted a lack of domestic violence shelters in rural portions of Kentucky.
After the initial 2007 report of domestic violence against Owen's mother, a social worker spoke with her about financial resources and alternative living arrangements that were available to her. But going to a shelter in her own community was not an option.
Ultimately, the cabinet's review said Michael Utley beat Owen's mother in February 2009 until she had two black eyes and cuts to her ear, and was missing chunks hair. When she ran to a neighbor's home for help, he killed the child and himself.
The "lack of shelter options in rural counties could be a deterrent to victims utilizing ... services," the review said.
Sherry Currens, executive director of the Kentucky Domestic Violence Association, said there are 15 regional shelters with a total of 466 beds, which are nearly always full. All 120 counties are served by a shelter, but some residents have to travel farther than others, Currens said.
It's unlikely that shelters could expand their services without additional funding, she said, and domestic violence shelters in Kentucky got less state funding per resident in 2011 than in 1996.
Coordination lacking
Beyond the problems noted in the fatality reviews, there are other gaps, domestic violence victim advocates said.
Currens said she knows of instances when adult-protection workers have dropped a case after child-protection workers got involved. But both kinds of workers are needed to help the non-offending parent figure out "how to deal with the threat to the children," she said.
Coordination between advocates and cabinet workers has at times been lacking, advocates said.
Darlene Thomas, executive director of the Lexington-based Bluegrass Domestic Violence Program, said advocates are sometimes not told by cabinet workers about domestic violence incidents. In other cases, advocates who contract with the cabinet to provide victim services don't have enough staff to attend team meetings about the family.
Lisa Holmes, the director of a domestic violence shelter in Elizabethtown, was concerned recently that she couldn't immediately get an answer at an intake line for the local child-protection office.
Holmes said she was "scared to death" for the safety of a child whose mother decided to leave the shelter.
Police had brought the mother to the SpringHaven shelter after "her boyfriend told her that the best way to handle his anger was to beat her 3-year-old child. So he picked her up and threw her, and she has a bruise on her face," Holmes said, referring to the child.
Holmes was trying to confirm that the boyfriend was in jail and that the mother and child would be safe if they returned home.
Holmes said she thought it would help "if we were quicker and better at adjudicating domestic violence cases and women had the support of CPS (child protection workers) instead of being afraid of them."
Removing children
Advocates and child-protection workers are sometimes at odds about the best way to keep safe a child who has been exposed to domestic violence.
Members of Currens' group are concerned that the cabinet sometimes unfairly recommends that judges remove children from a domestic violence victim's custody under the theory that the victim is failing to protect the child.
As a matter of policy, the cabinet does not recommend removal of any child from a parent's home unless there is risk to the child's physical safety or well-being, cabinet spokeswoman Anya Weber said. Recommendations are presented to the court, where the ultimate decision is made related to removal of the child, Weber said.
Thomas, the Lexington-based domestic violence advocate, said children should be protected from a parent who is a batterer. But she and other advocates said every attempt should be made to allow the child to remain with the non-offending parent.
The 2009 near-death of a 2-month-old girl demonstrates the difficult decisions that child-protection workers must sometimes make in cases of domestic violence.
A state review of the case noted that the cabinet substantiated neglect by the child's mother due to a "history of engaging in abusive relationships," not following through once she was granted domestic violence protection orders, and not being cooperative in previous law enforcement interventions involving domestic violence with the child's alleged abuser.
According to the review, the unidentified child was taken to the University of Kentucky Hospital in 2009 with a traumatic brain injury after her mother's paramour admitted to shaking her and handling her roughly.
Solutions
There are at least two legislative proposals this year to create task forces that would study the effect of domestic violence on Kentucky's children and come up with proposed laws for the 2013 General Assembly.
The sponsor of one proposal, Democratic state Rep. Joni Jenkins of Shively, said she worked in a domestic violence shelter for 10 years. She said expanding the services of domestic violence shelters would be beneficial.
"No kid gets beat in shelters. No kid gets neglected in shelters," she said.
Meanwhile, Sen. Mike Wilson, R-Bowling Green, and Rep. Johnny Bell, D-Glasgow, have introduced bills that would require the cabinet to assess the needs of children and custodial parents who have been exposed to domestic violence and to provide prevention services to help the child live at home. So far, neither bill has been considered by a legislative committee.
Other states have found success in having police, child-protection workers and domestic violence advocates working together on a team.
In Fresno, Calif., police Sgt. Daniel Macias is a member of the Children Exposed to Domestic Violence Team, which operates with a $200,000-a-year federal grant. The team's social workers and advocates, along with police detectives, investigate and provide services after domestic violence cases in which children are present, Macias said.
The team follows up with adult victims, Macias said, and "with the children, which are really the key to trying to stop the cycle of violence."
In Kentucky, Thomas said she would like to see collaborative efforts between the cabinet, which investigates allegations of abuse, and agencies that provide services for spouse-abuse victims to make sure families "have all available supports."
Having domestic violence advocates attend cabinet team meetings about individual families would help, she said.
But, Thomas said, "it all comes down to resources."
Source http://www.kentucky.com/2012/02/26/2084442/safety-of-children-not-always.html
Subscribe to:
Posts (Atom)