Wednesday, November 2, 2011

Governor's office calls NPR foster care report flawed; congressmen seek review

Kevin Woster

Staffers for Gov. Dennis Daugaard on Monday attacked a National Public Radio report critical of state child-protection programs that remove Native American children from their homes for foster-care placement, saying NPR was biased and inaccurate in its reporting.

But two members of the U.S. House of Representatives thought the NPR report was valid enough to call for an investigation into whether those South Dakota child protection policies and practices with Native American families violate federal law.

U. S. Reps. Ed Markey, D-Mass., and Dan Boren, D-Okla., sent a letter to Larry Echo Hawk, assistant secretary of the Interior Department for Indian Affairs, calling for the investigation. They allege, as the NPR report implies, that South Dakota violates the Indian Child Welfare Act, a law that directs officials to place Native American children removed from homes with their relatives or tribes, except in unusual situations.

That is not being done in South Dakota, according to the NPR investigation.

"If the information on the NPR article is accurate, it would appear that the state of South Dakota has failed not only to abide by the mandates of federal law but also failed its Indian children, their families and their tribes by violating the letter and spirit of ICWA," Markey and Boren said in the letter.

They added that Native American children were being placed in non-Indian homes or group care at "alarming rates," for what "appears to be for profit."

The state gets federal financial assistance for each child removed from the home.

The NPR investigative report also alleges conflicts of interest in Daugaard's work for Children's Home Society of South Dakota when he was lieutenant governor. Children's Home Society received millions of dollars for housing Native children under contracts with the state awarded without competitive bid, a practice that has been used and criticized in other professional service areas.

Daugaard staffers have said the governor did not use political connections to get the contracts, which they say Children's Home Society was highly qualified to receive.

Daugaard's staff issued statements critical of the NPR report even before it was aired. The staffers followed up Monday with seven pages of detailed rebuttals to the NPR report and allegations of inaccuracies and bias.

Daugaard senior aide Tony Venhuizen said Monday that it was unfortunate that two members of Congress representing other states didn't contact South Dakota officials before seeking an investigation into allegations about the state.

"These congressmen based their letter on an NPR report that was deeply flawed," Venhuizen said. "It's really too bad that they took this step without even asking the Department of Social Services or anyone in South Dakota for the facts."

None of South Dakota's three congressional members would comment Monday on the NPR report or on the call for an investigation by Markey and Boren. Staffers for Sen. Tim Johnson, D-S.D., Sen. John Thune, R-S.D., and Rep. Kristi Noem, R-S.D., said they needed to learn more before responding.

Source http://rapidcityjournal.com/news/governor-s-office-calls-npr-foster-care-report-flawed-congressmen/article_86743c68-0433-11e1-96d8-001cc4c002e0.html

Ramsey, Dakota counties at odds over case of 8-year-old beaten at school by mom

By Emily Gurnon

Socorro Eaton's daughter deserved a beating, Eaton believed. And it didn't matter that the girl's entire second-grade class in St. Paul was there to see it.

But within hours, her 8-year-old daughter had been placed in emergency foster care. Child protection in Dakota County, where the family lived, followed up. Two weeks later, she was returned to her mother. Three weeks after that, she was removed again and remains away from her mother's home, living with her father.

Eaton was convicted Thursday in Ramsey County District Court of malicious punishment of a child and will be sentenced Dec. 14.

But her daughter's future is less certain - and the actions of Dakota County staff raise questions about how safe she will be.

"I really am concerned about this child," said Assistant Ramsey County Attorney Yasmin Mullings, speaking at a July 20 pretrial hearing.

"This is unusual in that these are the types of behavior that (usually) occur inside the home only," Mullings said. "That this behavior happened in a school and in such a blatant way leaves me (with) extreme concern of what is happening in the home."

She noted that only when the girl was punched in the classroom June 14 did child protection get involved.

After the school incident, the child told police and a doctor that her mother had hit her with a belt on more than one occasion. She had telltale parallel welts on her back.

On the witness stand last week, Eaton denied using a belt to hit any of her four children - including a 10- year-old daughter and twin 4-year-olds, who were temporarily removed from Eaton's home after the school incident.

Eaton's attorney, Leah Morgan, said that child protection workers were giving Eaton high marks for her work with them on improving her parenting skills since the incident. They believe the girl - whose first initial is J. - should go home, Morgan said.

But Ramsey County District Judge Margaret Marrinan denied a defense motion Thursday that the no-contact order be lifted.

FACTORS IN REMOVING CHILDREN

Marrinan explained Friday.

Eaton struck her child in front of a teacher and 19 other children, the judge said. She was constantly agitated in court, shaking her head and mouthing things. And she has failed to check in weekly with the agency overseeing her conditional release from jail.

"Add that to these other factors and it does not give me a lot of confidence about how this child would be treated (at home)," the judge said.

Removing a child from his or her home is complicated, and workers must weigh several factors. State law requires that "reasonable efforts" be made to "eliminate the need for removal and to reunite the child with the child's family at the earliest possible time ..."

An exception is made when a parent "has subjected a child to egregious harm." What happened to J. does not appear to constitute egregious harm as defined by state law.

Sharon Madsen, a spokeswoman for Dakota County, said officials there could not comment, because the case involved confidential information.

'SAFETY NET' IN PLACE

Two Ramsey County court hearings in July in the criminal case shed light on decisions made by child protection - and why the judge and prosecutor were so critical of those moves.

The incident at Bruce Vento Elementary School took place on the last day of school, June 14.

A Dakota County social worker, Susan Boreland, conducted an investigation and, within a week, wrote a letter stating she believed no assault or injury occurred and that the no-contact order should be lifted, prosecutor Mullings said in the July 20 hearing.

Boreland also decided to place J. with her father, who has an extensive criminal record that includes convictions for kidnapping, domestic assault, drug possession and providing false information to police.

J. remains in her father's custody, the girl said during her mother's trial this past week.

Based on the initial child-protection investigation and information from the social worker, Ramsey County District Judge George Stephenson canceled the no-contact order in Eaton's case June 30, and J. returned home.

Defense attorney Morgan told the judge that child protection had been working to put a "safety net" in place for J.

Eaton had been cooperating with child protection, she said. The girl provided "the names of her sister and her best friend, all of whom live nearby and can come over to help at any time," Morgan said. And Dakota County assigned J. a guardian ad litem to represent her interests. The guardian ad item, Jake Trotzky-Sirr, gave J. his card and said she could call him if she were ever afraid.

JUDGE WEIGHS IN

In the meantime, another child protection worker, Betsy Dantoft, had taken over the case in early July. During the second of her two visits to the family's home, J. was not present. The mother said things were fine.

Marrinan was appalled.

"The daughter should have been there," the judge said at the July 20 hearing. "I think that's extremely sloppy work by something that calls itself child protection....

"I'm familiar with how Ramsey County handles things, but Dakota County is like another country, frankly."

She also speculated on how much help a young child would get from a business card.

"I'm not impressed with the fact that a guardian ad litem gives his card to an 8-year-old kid and says, 'If you have problems, give me a call,' " she said.

She ordered July 20 that the no-contact order be reinstated.

Another hearing was set for July 29.

Dantoft testified at that hearing that she had spoken with J. four times - twice privately - and visited the family twice, including the one occasion when J. was not there.

Her mother told the child protection worker that J. was at a sleepover and could be called to come home. Not necessary, Dantoft told Eaton.

"I guess at this point in time, I don't feel that there is a need for the no-contact order," the child protection worker testified. "(J.) has really shared that she feels safe with her mom and is very confused about what's going on and would like to return to her mom's home."

Mullings, the prosecutor, was not satisfied.

"What we have is, at most, a cursory (review), where the child protection worker comes in and makes an assessment largely based upon self-reporting (by the mother)," Mullings said.

She noted that J. has a "documented history of not speaking up," having never told anyone about the beatings before one was witnessed at the school.

Marrinan ordered July 29 that Eaton could have supervised visits with her daughter.

'SYSTEM FAILING YOU'

Morgan, Eaton's defense attorney, said Friday that she has been cooperative with child protection "since Day One" and taken all the required steps, including parenting classes, counseling with her daughter and supervised visits with J.

Dakota County continues to recommend that J. be returned home. But "none of that favorable information was allowed into the criminal case," Morgan said.

Marrinan told Eaton on July 20 not to lose hope.

"This is a question of the system failing you and your daughter," the judge said. "We're going to just see that (Dakota County) follow(s) through with what they're supposed to do."

Source http://www.twincities.com/ci_19229865

Denver Police Officer Cited For Misdemeanor Child Abuse

A Denver police officer was cited for a misdemeanor charge of child abuse.

The incident involving Officer Richard Shurley occurred on Aug. 31.

Details of the case have not been released by the Adams County district attorney.

Source http://denver.cbslocal.com/2011/10/30/denver-police-officer-cited-for-misde/

Monday, October 31, 2011

Title IV-D Federal Funding and ZERO Accountability

Blog authors note:
The below talks about federal money and divorcing parents. The same scenario accounts for IV-E funding involving children who are removed by CPS.
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Various Fathers, Mothers, and former father-PI's have told me that for every child placed in Foster Care, the States receive between $4,000-6,000 (per month) that the child remains under the State's foster care / Replacement Parent Protection Plan #1 (RPPP-1). The States also receive a similar amount for each child placed in adoption, or RPPP-2. And since the Majority of the Money that the State receives from the Feds does NOT go to the Replacement Parent, but rather to the State, there is a Financial Incentive for the States to place as many children as possible in one of their two Replacement Parent Protection Plans: and for this reason, THAT is exactly what is going on -- in Many cases -- with little or no justification.

My understanding is that the States receive from two-thirds to three-fourths of the Money, and the other 1/3 to 1/4 goes to RPPP-1 or RPPP-2. Therefore, the more children who are taken away from their parents, the More Money the States receive to feed their growing Monster.

See the Links below for more on how Title IV-D Federal Funding of Child Support Services, Child Protective Services, and Family Courts has turned a natural tendency to obtain More Money and Power and what it can purchase for me and my family, into a Nightmare for Divorcing Parents: and especially those who Don't Want to share the Kids, but instead to nitpick and lie about the other parent and seek Sole Legal Custody. This has given birth to Monster-Gov: with an insatiable appetite for More Children and Parents, and All their Assets: and a Free for All for state and private licensed "clinical" social workers, Family Law attorneys, psychologists, marriage and family therapists, and last but not least, State and local budgets.

Go to this link, http://www.earthage.org/familycourtcrooks/title_iv-d-federal-funding.htm, and there are several other links that explain all of this very well.

Report - More Indiana Children Die From Abuse, Neglect, Report Says

Child Advocates Chide Backslide In Children's Services

INDIANAPOLIS -- Federal statistics show that Indiana has one of the highest rates of child abuse and neglect in the nation, though Department of Child Services officials claim their statistics show progress.

Recent cases of child abuse deaths are indicative of how some Indiana children fall through the cracks, and federal reports obtained by Call 6 Investigator Joanna Massee are counter to DCS claims that the child welfare system is improving.

Some child advocates said they've seen some progress recently, but others said they are gravely concerned about recent abuse and neglect deaths and what they consider backsliding services.

Deaths Of Children Spur Concern

The cases of Devin Parsons and Christian Choate highlight what many consider to be the failings of DCS.

Greensburg police found Parsons, 12, fatally beaten in June. His mother, Tasha Parsons, and her boyfriend, Waldo Jones, were subsequently charged with murder.

Randy Parsons, Devin's great-uncle, said he wasn't aware of the extent of abuse that police said went on in the boy's home.

"You just never expect anything like that," Parsons said, adding that he didn't realize a DCS employee visited the boy's home days before his death. "I think the job wasn't finished."

Christian Choate, 13, also had a long history with DCS before his death earlier this year. According to the agency's records, Christian lived in a cage and received regular beatings during the last months of his life.

In May, investigators pulled Christian's body from a shallow grave in Gary. His father, Riley Choate, and his stepmother, Kimberly Kubina, were charged with murder.

Records obtained by the Call 6 Investigators showed that the families of both children had a long history with DCS.

DCS Director James Payne said he thinks his agency is better at protecting children than ever before, and he cautioned against using child fatalities as a measuring stick.

" First of all, nobody in the system looks at fatalities as a measure of whether or not the system itself is doing a good job in helping protect children," Payne said. "Often the fatalities occur without any contact before. Often they happen in circumstances that were unpredictable."

Child Welfare Tracking Systems Inconsistent

Nationwide, child safety workers criticized an inconsistent tracking system for child deaths.

Because federal and state reports cover different time periods, the numbers don't match, and that means the number of deaths can look like it's going up in one report and down in another.

For example, the most recent Child Maltreatment Report released by the Department of Health and Human Services showed an increase in the number of child deaths from 2008 to 2009. The federal government counted 34 deaths in 2008 and 50 deaths in 2009. The federal year runs from Oct. 1 through Sept. 30.

The state's most recent Child Abuse and Neglect Report of Child Fatalities showed a decrease in the number of child deaths from 2008 to 2009. The state government counted 46 deaths in 2008 and 38 deaths in 2009. The state year runs from July 1 through June 30.

Payne said a better way to evaluate the system is to look at statistics, such as fewer children being placed in residential treatment.

"The system is much better now," Payne said.

DCS is focused on helping children thrive in the home because taking them out is very traumatic, Payne said.

But the cases that involved Devin and Christian indicate that leaving abused and neglected children in a home can also be devastating.

Child Advocates' Opinion Mixed

Privately, leading child advocates and service providers told Massee they disagree with Payne’s claims that the system is improving. Publicly, they choose their words carefully if they say anything at all, fearing retaliation.

Massee asked Payne if the culture at DCS discourages criticism within the agency.

"I suspect there is at some level," but not at the executive level, Payne responded.

David Sklar, who leads the Children’s Coalition of Indiana, an organization that works to support and lobby for children and families, said child advocates and service providers fear retaliation for voicing concerns about DCS.

"They're afraid to advocate for those clients because they're afraid that the state might look somewhere else to provide those contracts," Sklar said.

Sklar added that advocates are also concerned that the state is spending fewer dollars on therapeutic services that help address and prevent child abuse and neglect.

"We are starting to see a backslide," he said.

Last year, DCS gave back nearly $104 million to the state general fund, money that could have been used for children. Payne said the agency did not need the cash.

When Massee asked Payne about these spending decisions, he granted RTV6 unprecedented access to the agency, adamant that his system is working.

During a roundtable discussion with DCS employees, Massee asked case workers about the difficulties they face on the job.

Supervisor Melissa Clark said she has seen positive changes during her 17 years with DCS, but she also said the work comes with challenges.

"It can be a life and death decision that we're making," Clark said. "We do see some turnover. It is a stressful job. It's emotional. We deal with the crying child that's being removed from their parent."

Denise Brightman said she has spent 21 years working with families and worries about making a mistake "every day."

While workers such as Brightman and Clark can only control the cases assigned to them, State Rep. Bill Crawford, D-Indianapolis, said he is concerned with decisions being made at the top.

Crawford criticized the state’s decision to spend less on services for abused and neglected children in need.

"There are too many child advocates from around the state of Indiana who are crying foul," Crawford said.

Child advocates said the unspent funds could be used for services such as counseling for young abuse victims, clothing and food for foster kids and toward other services for families, such as those in which Christian and Devin once belonged.

Speaking privately, one leading child advocate told Massee, "This needs to be a call to action. The system will succeed when the private sector and public sector work together."

Source http://www.theindychannel.com/news/29636918/detail.html