Associated Press
Iowa will pay $275,000 to settle a lawsuit brought against two state employees on behalf of a toddler who suffered brain damage from severe head injuries while in the state foster care system, according to records released this week.
The payment settles a lawsuit that alleged that an Iowa Department of Human Services worker and a supervisor were warned that Jayden Clark was suffering neglect and abuse while under the care of foster parents in Albia but failed to take action. Half of the money will be invested for the 4-year-old boy, who will get access when he turns 18, while his parents will get $15,000 apiece and his attorney will get $101,000 in fees.
The lawsuit in federal court continues against foster parents Jason and Christen Morgan, who have denied wrongdoing.
"We are satisfied with the way it came out. But because there is ongoing litigation against the foster parents, I really can't comment beyond that," said the boy's attorney, Jeffrey Lipman of Clive.
Authorities responded to the Morgans' home in February 2010 when Clark, then 2, was found unresponsive with extensive injuries to the head and were told he had fallen out of a bunk bed. Fighting for his life, the boy was treated for head trauma and a lacerated liver and was hospitalized and forced to undergo rehabilitation for months.
Local and state investigators conducted an extensive look into whether he was abused, but they filed no criminal charges. The lawsuit blames the foster parents' "abuse or neglect" for the injuries, without elaborating on how they occurred.
A DHS investigation resulted in a finding of confirmed child abuse that was not serious enough to be placed on the Child Abuse Registry, a designation used for cases involving a lack of proper supervision or physical abuse that was minor. In court documents, state lawyers said the finding was not for physical abuse and denied that "findings of neglect, as such, were made."
After the boy's hospitalization, child welfare officials removed his siblings from the home while then-Gov. Chet Culver expressed outrage and ordered an investigation.
The lawsuit alleges Clark's parents, Travis and April Clark, and a social worker started noticing significant black bruises across his forehead "from ear to ear" in January 2010 after he and three siblings were placed with the Morgans the prior month. The foster parents blamed his siblings for causing the bruises, but his parents and the social worker suspected abuse and reported it to the DHS worker and his supervisor, who failed to visit the home or conduct an investigation, the suit claims.
As the bruising got worse in following weeks, the social worker warned DHS about the "increased level of abuse and injury" and said the agency needed to consider removing him from the home, but no action was taken, the suit said. Clark's parents took photographs to document the bruising and also warned DHS, the lawsuit said.
Ultimately, Clark "suffered a closed head injury as a result of the abuse or neglect and has permanent brain damage," the lawsuit said. Lipman said the boy was now living with his parents, who are originally from Centerville, but he would not say where.
"He's always going to have some impairment from this," Lipman said.
In a memo made public with the details of the settlement, Assistant Attorney General Diane Stahle said the state decided on the cash payment after investigating the case and "balancing the likelihood of an adverse verdict against the likelihood of a defense verdict." The details were worked out during mediation, she wrote.
In court documents, state lawyers acknowledged DHS employees were twice told about the bruising to the boy but said that it was attributed to his siblings. The foster parents have denied they breached their duty to provide a safe environment for Jayden and also blamed his siblings for the bruises. Their attorney didn't return a phone message.
DHS spokesman Roger Munns declined comment on the case but said both employees named in the lawsuit remain in state employment, one by his agency and one by Iowa Workforce Development.
Source http://muscatinejournal.com/news/state-and-regional/iowa/iowa-settles-suit-over-boy-s-foster-care-injuries/article_9dba63e2-acd1-5f09-bed1-c08ea86c42ef.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.
Monday, March 5, 2012
Child abuse attorney not trained - Penn.
By Terrie Morgan-Besecker
WILKES-BARRE – Luzerne County has lost out on potentially thousands of dollars in state reimbursements because an attorney who represented children in abuse cases did not obtain training required by the state.
Frank Castano, executive director of Children and Youth Services, said he cannot seek reimbursement for work attorney John Bellino performed as a guardian ad litem after July 1, 2011 because Bellino did not obtain specialized training mandated by state legislation that went into effect last year.
The revelation comes as the court system faces mounting criticism for failing to monitor payments made to Angela Stevens, a Kingston attorney who admitted she double billed the county for representing parents in Children and Youth cases.
A Times Leader investigation revealed Stevens, who was paid more than $144,000 in 2011, charged the county for each fee petition she delivered to the court, even though many appeared to have been delivered in one trip.
President Judge Thomas Burke on Friday would not comment on why Bellino, who was paid a flat salary of $50,230, was permitted to remain employed if the county could not be reimbursed. Burke said he could not discuss the matter because it is a personnel issue.
Guardian ad litems are attorneys appointed by the court to represent children who are in the custody of Children and Youth Services to ensure their best interests are protected, independent of their parents’ interest.
The state Department of Public Welfare reimburses Luzerne County Children and Youth 50 percent for guardian services. As of July 1, the department no longer provided that funding for a guardian who did not obtain the training, which was mandated under an amendment to the state’s Adoption Act that went into effect last April.
Bellino, who had served as guardian for 11 years, was among the 59 county employees who were laid off Thursday.
It’s not known how much of Bellino’s salary from 2011 and 2012 might have been reimbursed by the state because the court system did not submit any invoices to Children and Youth detailing the number of hours he worked on cases, Castano said.
In the 2010-11 fiscal year, Castano said he sought 50 percent reimbursement for $48,208 in invoices submitted by court administration for work Bellino performed. The court had to submit invoices, even though Bellino was paid a flat salary, because DPW required documentation of the number of hours and cases on which he worked, Castano said.
Bellino said Friday he did not obtain the training because he did not know he was required to take it.
“I thought I was exempt from it because I’ve been doing this so long. I thought it was for new guardians,” Bellino said.
Bellino said was told by Castano of one training session held last year, but he did not learn about it until the last minute and could not attend due to a conflict. He said he assumed he could take it this year.
“When (Castano) told me that was a requirement for reimbursement, I believed at that point I could get it this coming year,” he said.
Children and Youth also has a contract with North Penn Legal Services to provide two attorneys as guardian ad litems. Castano said he was able to seek reimbursement for their work because both of those attorneys had received the training.
To date DPW has reimbursed the county $17,833 for the first quarter of fiscal year 2011-2012, according to deputy press secretary Ann Bale. The county spent a total of $66,252 with North Penn in the second quarter, which will be eligible for 50 percent reimbursement. That request has not yet been processed, Bale said.
Source http://www.timesleader.com/news/Child_abuse_attorney_not_trained_03-03-2012.html
WILKES-BARRE – Luzerne County has lost out on potentially thousands of dollars in state reimbursements because an attorney who represented children in abuse cases did not obtain training required by the state.
Frank Castano, executive director of Children and Youth Services, said he cannot seek reimbursement for work attorney John Bellino performed as a guardian ad litem after July 1, 2011 because Bellino did not obtain specialized training mandated by state legislation that went into effect last year.
The revelation comes as the court system faces mounting criticism for failing to monitor payments made to Angela Stevens, a Kingston attorney who admitted she double billed the county for representing parents in Children and Youth cases.
A Times Leader investigation revealed Stevens, who was paid more than $144,000 in 2011, charged the county for each fee petition she delivered to the court, even though many appeared to have been delivered in one trip.
President Judge Thomas Burke on Friday would not comment on why Bellino, who was paid a flat salary of $50,230, was permitted to remain employed if the county could not be reimbursed. Burke said he could not discuss the matter because it is a personnel issue.
Guardian ad litems are attorneys appointed by the court to represent children who are in the custody of Children and Youth Services to ensure their best interests are protected, independent of their parents’ interest.
The state Department of Public Welfare reimburses Luzerne County Children and Youth 50 percent for guardian services. As of July 1, the department no longer provided that funding for a guardian who did not obtain the training, which was mandated under an amendment to the state’s Adoption Act that went into effect last April.
Bellino, who had served as guardian for 11 years, was among the 59 county employees who were laid off Thursday.
It’s not known how much of Bellino’s salary from 2011 and 2012 might have been reimbursed by the state because the court system did not submit any invoices to Children and Youth detailing the number of hours he worked on cases, Castano said.
In the 2010-11 fiscal year, Castano said he sought 50 percent reimbursement for $48,208 in invoices submitted by court administration for work Bellino performed. The court had to submit invoices, even though Bellino was paid a flat salary, because DPW required documentation of the number of hours and cases on which he worked, Castano said.
Bellino said Friday he did not obtain the training because he did not know he was required to take it.
“I thought I was exempt from it because I’ve been doing this so long. I thought it was for new guardians,” Bellino said.
Bellino said was told by Castano of one training session held last year, but he did not learn about it until the last minute and could not attend due to a conflict. He said he assumed he could take it this year.
“When (Castano) told me that was a requirement for reimbursement, I believed at that point I could get it this coming year,” he said.
Children and Youth also has a contract with North Penn Legal Services to provide two attorneys as guardian ad litems. Castano said he was able to seek reimbursement for their work because both of those attorneys had received the training.
To date DPW has reimbursed the county $17,833 for the first quarter of fiscal year 2011-2012, according to deputy press secretary Ann Bale. The county spent a total of $66,252 with North Penn in the second quarter, which will be eligible for 50 percent reimbursement. That request has not yet been processed, Bale said.
Source http://www.timesleader.com/news/Child_abuse_attorney_not_trained_03-03-2012.html
Three charged over prostituting adopted boy - Ohio
(CNN) -- The adoptive father of three young children in Troy, Ohio, was charged Thursday with raping three of his adopted sons and prostituting his 10-year-old son out to two other men.
The man, 39, who CNN is not naming to protect the identity of the children, is in jail on rape charges along with Jason Zwick, 29, and Patrick Rieder, 31, according to Montgomery County Prosecutor spokesman Greg Flannagan.
"It's just shocking," Flannagan said.
Troy police said they impounded the father's truck and confiscated four laptops, a video camera and two wooden paddles from his home.
The man does not appear to have a past criminal record, had adopted three children and was in the process of adopting a fourth child who already lived with him, Police Capt. Chris Anderson said.
The children were three boys ages 9 through 12 and a 9-year-old girl, he said.
Anderson said the boy who was allegedly prostituted to Zwick and Rieder told authorities that he was afraid to talk because he didn't want to be taken away from his new brothers and sister.
On February 24, police said they received a call from the state's internet crimes task force saying the father had offered an undercover officer sex with a boy. The man was arrested that day, police said.
"I've seen a lot of bad things in 35 years of law enforcement," said Attorney General Mike DeWine. "But I've never seen anything like this."
He said authorities are now "trying to unravel what kind of background check was done."
The defendants' attorneys could not be immediately reached for comment.
Source http://www.cnn.com/2012/03/02/justice/ohio-man-child-prostitution/index.html?hpt=ju_c2
The man, 39, who CNN is not naming to protect the identity of the children, is in jail on rape charges along with Jason Zwick, 29, and Patrick Rieder, 31, according to Montgomery County Prosecutor spokesman Greg Flannagan.
"It's just shocking," Flannagan said.
Troy police said they impounded the father's truck and confiscated four laptops, a video camera and two wooden paddles from his home.
The man does not appear to have a past criminal record, had adopted three children and was in the process of adopting a fourth child who already lived with him, Police Capt. Chris Anderson said.
The children were three boys ages 9 through 12 and a 9-year-old girl, he said.
Anderson said the boy who was allegedly prostituted to Zwick and Rieder told authorities that he was afraid to talk because he didn't want to be taken away from his new brothers and sister.
On February 24, police said they received a call from the state's internet crimes task force saying the father had offered an undercover officer sex with a boy. The man was arrested that day, police said.
"I've seen a lot of bad things in 35 years of law enforcement," said Attorney General Mike DeWine. "But I've never seen anything like this."
He said authorities are now "trying to unravel what kind of background check was done."
The defendants' attorneys could not be immediately reached for comment.
Source http://www.cnn.com/2012/03/02/justice/ohio-man-child-prostitution/index.html?hpt=ju_c2
Colorado considers easing rules on child-abuse investigations
By Jordan Steffen
Barely two weeks after state officials announced a plan to reduce the number of children who die after entering Colorado's child welfare program, the same agency began work Friday to relax rules dictating when caseworkers must investigate reports of abuse and neglect.
The Colorado Department of Human Services is proposing a change that would remove a rule requiring that county social workers automatically open an investigation if they receive three reports of child abuse or neglect within two years — and the first two referrals were not investigated. Instead, social workers would examine prior contacts with the child — such as any actions taken and services provided — to determine whether an investigation is warranted.
Julie Krow, head of the department's Office of Children, Youth and Families, and Judy Rodriguez, assistant director of the Division of Child Welfare, presented the proposal at Friday's meeting of the State Board of Human Services.
The rule change could help conserve limited resources and allow social workers to focus on cases that may be more severe, Rodriguez said.
"Supervisors look at each case and approve or disapprove a referral," Rodriguez said. "They are the ones who know their communities."
Opponents of the rule change said the proposal is based on anecdotes instead of data.
"In a time when we've had 43 child deaths, one would think that we would be trying to figure out how to address our own accountability," said Stephanie Villafuerte, executive director of the Rocky Mountain Children's Law Center. "We don't need to be worrying about giving discretion to the caseworkers, but we should figure out what went wrong in the discretion that was already given."
An investigation by The Denver Post in January showed that in the past five years, 43 children died after entering the state's child welfare system. In every one of the deaths — which occurred in 18 counties — social workers repeatedly failed to complete basic functions, according to a review of state investigative reports.
In 17 of those cases, county social workers failed to start an investigation after a report of abuse or neglect warranted one.
Friday's discussion occurred less than a month after the department opened its second child fatality review this year — an Adams County boy allegedly killed by his grandmother.
Such an investigation is opened whenever a child's death is a result of abuse or neglect and there was contact with the child welfare system during the two previous years.
Board members are selected by Gov. John Hickenlooper and operate outside of the department. The board holds public hearings on the first Friday of every month to discuss proposed changes to the rules that regulate county child welfare departments.
Friday, board members expressed mixed responses to the proposed rule changes. Some said they worried that changing the rule could result in children falling through the cracks, while others advocated for more county control.
"We're trusting people to make the first judgment, we're trusting them to make the second, but for some reason we're not trusting them to make the third," said Stephen Johnson, board member and county commissioner for Larimer County.
REAL Colorado, an initiative of Colorado Counties Inc., suggested the rule change to the state department last fall.
The board approved the proposal to go forward to a final adoption hearing, scheduled for April 6. Before then, the board requested data about who is making the referrals and how many each county receives.
Source http://www.denverpost.com/news/ci_20092427
Barely two weeks after state officials announced a plan to reduce the number of children who die after entering Colorado's child welfare program, the same agency began work Friday to relax rules dictating when caseworkers must investigate reports of abuse and neglect.
The Colorado Department of Human Services is proposing a change that would remove a rule requiring that county social workers automatically open an investigation if they receive three reports of child abuse or neglect within two years — and the first two referrals were not investigated. Instead, social workers would examine prior contacts with the child — such as any actions taken and services provided — to determine whether an investigation is warranted.
Julie Krow, head of the department's Office of Children, Youth and Families, and Judy Rodriguez, assistant director of the Division of Child Welfare, presented the proposal at Friday's meeting of the State Board of Human Services.
The rule change could help conserve limited resources and allow social workers to focus on cases that may be more severe, Rodriguez said.
"Supervisors look at each case and approve or disapprove a referral," Rodriguez said. "They are the ones who know their communities."
Opponents of the rule change said the proposal is based on anecdotes instead of data.
"In a time when we've had 43 child deaths, one would think that we would be trying to figure out how to address our own accountability," said Stephanie Villafuerte, executive director of the Rocky Mountain Children's Law Center. "We don't need to be worrying about giving discretion to the caseworkers, but we should figure out what went wrong in the discretion that was already given."
An investigation by The Denver Post in January showed that in the past five years, 43 children died after entering the state's child welfare system. In every one of the deaths — which occurred in 18 counties — social workers repeatedly failed to complete basic functions, according to a review of state investigative reports.
In 17 of those cases, county social workers failed to start an investigation after a report of abuse or neglect warranted one.
Friday's discussion occurred less than a month after the department opened its second child fatality review this year — an Adams County boy allegedly killed by his grandmother.
Such an investigation is opened whenever a child's death is a result of abuse or neglect and there was contact with the child welfare system during the two previous years.
Board members are selected by Gov. John Hickenlooper and operate outside of the department. The board holds public hearings on the first Friday of every month to discuss proposed changes to the rules that regulate county child welfare departments.
Friday, board members expressed mixed responses to the proposed rule changes. Some said they worried that changing the rule could result in children falling through the cracks, while others advocated for more county control.
"We're trusting people to make the first judgment, we're trusting them to make the second, but for some reason we're not trusting them to make the third," said Stephen Johnson, board member and county commissioner for Larimer County.
REAL Colorado, an initiative of Colorado Counties Inc., suggested the rule change to the state department last fall.
The board approved the proposal to go forward to a final adoption hearing, scheduled for April 6. Before then, the board requested data about who is making the referrals and how many each county receives.
Source http://www.denverpost.com/news/ci_20092427
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