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Monthly Archives: February 2009

http://www.nydailynews.com/news/ny_crime/2009/02/11/2009-02-11_fostercare_scam_grows_by_155g.html

Foster-care scam grows by $155G

BY Thomas Zambito

DAILY NEWS STAFF WRITER
Wednesday, February 11th 2009, 7:15 PM

Three women took $155,000 in city funds to care for foster kids they never saw, federal prosecutors said Wednesday as their probe into sham adoption subsidies widened.

Mother and daughter Oletha Rhodes and Tammy Moore took $100,000 in welfare subsidies, Manhattan federal prosecutors said. The money was funneled their way by Nigel Osarenkhoe, a former adoptions supervisor for the city’s Administration for Children’s Services, prosecutors say.

Rhodes works as a lunchroom aide at Queens Vocational High School and Moore is a seasonal employee for the city’s Housing Authority who used to work at ACS.

Also charged was Brenda Towe, a relative of a dead ACS employee, who’s accused of accepting $55,000 in bogus subsidies.

Of the three, only Rhodes cared for foster kids, and she took more money than she was entitled to, prosecutors said.

In exchange for kickbacks, Osarenkhoe doled out $578,000 in adoption subsidies to numerous individuals by claiming they needed the cash to care for hard-to-place foster kids, prosecutors say.

Also yesterday, accused co-conspirator Philbert Gorrick, 54, pleaded guilty to accepting $375,000 in illegal payments from former ACS official Lethem Duncan.

 So were the foster kids they were supposed to be taking care of real children or were they made up children…if they were real children, then where the hell are they.  I want to know more about how they managed to pull this off for so long…and people believe children are safe with CPS when they have people like this working for them…unbelievable!

http://www.wspa.com/spa/news/local/article/former_dss_finance_director_five_others_indicted/14528/

Former DSS Finance Director, Five Others Indicted

Rob Landreth
Published: February 11, 2009

The former Department of Social Services Finance Director was charged along with five others for his role with the theft of federal program funds in US Federal Court.

Paul Timothy Moore, 61, of Columbia, was charged in a federal indictment with theft of federal program funds, mail and wire fraud and conspiracy. Moore and the five others allegedly entered into a scheme to embezzle more than $5.2 million dollars from the Department of Social Services.

The indictment alleges that Moore used his position as the agency’s Finance Director to authorize hundreds of DSS checks between May 2004 and October 2008 in the amount of $7,000 each to names allegedly provided by a co-conspirator who recruited the other defendants to cash the checks and split the proceeds.

The other five people also indicted for their alleged roles are 27-year old Herbert McKie, 36-year old Tyra L. Goodson, 40-year old Nova Kathleen Johnson, and 45-year old Sandra Denease Smith, all of Columbia, and 38-year old Calandra Fabary Thomas, of Aiken.

United States Attorney Walt Wilkins says that the case remains under investigation by the State Lawqq Enforcement Division and agents with the United States Secret Service.

The maximum penalty for theft of federal program funds and consipracy is 10 years in prison and a $250,000 fine. Each mail and wire fraud conviction could carry up to 20 years in prison and a 250,000 fine.

Report: Nassau botched New Cassel mom’s case

 

http://www.newsday.com/news/local/ny-librew1012444898feb10,0,7066251.story

 

BY MICHAEL AMON | michael.amon@newsday.com
7:39 PM EST, February 9, 2009

Over the course of five years, Nassau Child Protective Services repeatedly missed red flags and performed incomplete investigations into allegations against Leatrice Brewer before the New Cassel mother drowned her three children last year, a state report on the deaths said Monday.

Accusations that Brewer, 28, neglected her children on eight occasions from 2003 to 2007 were all assigned the agency’s lowest risk rating, the report said, despite “repeated issues . . . such as lack of supervision, inadequate guardianship, domestic violence and substance abuse.” Caseworkers failed to conduct thorough safety assessments on the children, which could have led to more urgent action, the report said.

The New York State Office of Children and Family Services report also said Brewer’s mental health problems were known to CPS as far back as 2003, but she was not referred for psychiatric evaluations; two allegations of neglect against Brewer were deemed “unsubstantiated” without a full investigation; CPS failed to offer Brewer adequate help during two cases in 2007; and, two days before the children’s Feb. 24 death, caseworkers did too little to find Brewer after a report she was threatening to harm the children.

Brewer killed her children – stabbing Jewell Ward, 6, before drowning Michael Demesyeux, 5, and Innocent Demesyeux, 18 months – “to protect them from evil spirits,” the report quoted her as saying. Monday, she pleaded not guilty by reason of insanity.

The state probe – technically, a Child Fatality Report automatically triggered by deaths in the child welfare system – stopped short of saying the county could have prevented the children’s deaths. But it offered a more detailed look at the history of contacts between child welfare agencies and Brewer, and ordered the county to issue a “corrective action plan” within 30 days.

Nassau officials, who have acknowledged Brewer’s cases were mishandled, said there were no surprises in the report. “I think it is a fair assessment,” said John Imhof, commissioner of the Nassau Department of Social Services, which includes CPS.

The state report praised Nassau for making changes after the Brewer case, including a stepped-up focus on mental health, reviewing more than 200 cases for problems and retraining caseworkers.

“They took immediate steps to implement new initiatives right away,” said Edward Borges, a spokesman for the Office of Children and Family Services.

Mary Brosnan, the deputy commissioner of the Department of Social Services, said 13 new investigative CPS caseworkers have been hired, reducing caseloads to 12 per month, a nationally accepted benchmark. Civil Services Employees Association officials and CPS workers said caseloads remain a problem, saying workloads were at least 15 per worker and as high as 30 for some.

Brewer’s long and troubled contacts with CPS began in 1992, when she was reported to the agency as a “maltreated” youth, the report said.

In April 2003, Brewer again came to the attention of CPS, this time as the mother of 2-year-old Jewell and 2-month-old Michael, the report said. The allegation: “The mother suffered from a mental illness and consistently abused an illicit drug hindering her ability to adequately care for the two-month-old child.”

Two months later, a drug counselor told a CPS caseworker that Brewer was testing positive for marijuana and “demonstrated a need for a mental health evaluation,” but one was never performed, the report said. Still, the state said the allegations were deemed “unsubstantiated,” the state said, because she didn’t use drugs at home.

In October 2005, Nassau police were called because Brewer apparently left her daughter and son alone at home. CPS caseworkers investigated and “inappropriately” closed the case as unsubstantiated, the report said, without talking to the police or a key witness, the children’s aunt.

Brewer was again accused of leaving her children home alone in September 2006, but the report said CPS “inappropriately” deemed the accusations unsubstantiated based only on an interview with Brewer and the children, who denied it.

In 2007, CPS caseworkers twice found Brewer was neglecting the children – the report said she let them play in a park while she slept in her car, was withholding food from Jewell as a punishment and made the two older children sleep on a mattress on the floor. But each case was closed, the report said, the second on Dec. 15, 2007 “without exploring court action or offering any services.”

On occassion I go to a local site in Wilkes County, North Carolina, called gowilkes.  It is just a little community webpage where I will run threads about the corruption of the Wilkes County Department of Social Services, in order to spread the word and raise awareness about their corruption and mishandling of n0t only my case, but others, people contact me about.

Several times I have the worst comments posted regarding me, I am reposting them here because I am absolutely sure that they are by CPS workers and possibly former CPS workers.  I consider this first one a death threat and all though I have a very good idea about who sent, I could not prove it at the time or they would have been prosecuted for it.  You read it and tell me what you think.

The major reason I am posting these comments is to show that the confidentuality that CPS always falls back on to cover their ass is just for that purpose, they have no problem what so ever going on a public forum making threats, lying, and pretending to give out accurate confidental information if they think it will save their asses and change the public’s view of them. 

Unfortunately, for them I kept excellent records of their conduct which proved their lies and false statements.  And that folks is what you have to do in order to beat them at their game….keep a record of everything, record all phone calls and conversations you have with them, keep every document they give you, as well as any documents that you have that disprove their claims.  Being ever vigilant is the only way to gather the evidence you need to prove your case.

c.club Posted 5:05 pm, 02/24/2008
Miss “lawdoll”, the way I hear it, The law enforcement community has paid you a visit or two also. You best be glad you live out of the county. I know what your “REAL NAME” is. Be careful and don’t cut your own throat. You didn’t say in your posts that you would be in the court room too. You”d better brush up on your paralegal rules, ha!ha! You couldn’t run a “Bingo Game” Better read chapters about “slander”, and having “Something to gain.” You just put your BIG FOOT IN YOUR MOUTH!

Now let me break this threat down…

1.  While law enforcement has been to our home a time or two, it has been to serve court papers, because we had a peeking tom, and because someone was trespassing on our property.  It has never been because I broke the law.

2. Obviously, this is someone who knows that I do not live in Wilkes County and since no one on the site knew that or my name, furthers the opinion that this was a social worker who had been involved in our case.

3. I think the be careful and don’t cut your own throat comment speaks for itself.

4.  Of course I will be in court too, I am a witness for the prosecution, a victim of the crime that was committed agains us.

5.  It is only slander/”libel”, if it isn’t true.

 as for the rest of this comment it is just immature, petty, bullshit.

I responded with the following post:

lawdoll01 Posted 6:21 pm, 02/24/2008
cclub: You are the one who acts as if they have something to be afraid of, I would be curious to know who you really are, since you seem to be threatening me. Whats wrong did I step on your toes, get a little too much truth out there for you to handle? If you really do know who I am then you should know that I have little feet, it is also Mrs. not miss. As for the law being to my house a time or two, I think you are the one who had better check your facts and read the chapter on slander. Everything that I have said on this post is true. I am not worried about slander. Actually in written form it is libel!!!

Also you should read the whole post…I said she was arrested as in the “state vs. This is not a civil suit, but a criminal one. Incase you don’t understand that, it means that the state presses charges against a person who has committed a crime. I will not resort to calling names as you did, because I am better then that, but obviously I have hit a nerve with you. Deal with it. I will keep speaking out until something is done about the WCDSS.

and the response was:

c.club Posted 6:28 pm, 02/24/2008
You will be dealt with, and just as the same in your case, this is the “END”!

Now this is obviously someone who was aware to our case, at the time I did not have a blog and since CPS cases are confidental there is only one explaination for who ever wrote these threatening statements to me!!! Someone from CPS wrote them.

I especially love the next one, which was posted later on a different thread by someone who admits to being a social worker. They accuse me of killing my stepdaughters mother, and then later in the same post tell me to become a foster parent…apparently CPS recruits murders to be foster parents….lol, that explains why all these foster children are dying….for the recorded I did not kill my stepdaughters mother, she died of a condition known as ARVD…As for the rest of her comments I think from my evidence on this blog, you can tell that CPS in Wilkes County is full of shit.

shutuplawdoll (view profile)
I am about sick of people complaining about CPS services. No one ever sees the good that we do such as spending a lot of time with these families sometimes more than our own. Buying them needed food and clothing with our own money. Crying with them, and working 14 hour days making sure that our kids on our caseloads are safe. Spending the night with kids we take into care when we cant find foster homes to take them. Not all CPS is bad, there are bad apples in every job and you cannot condemn the entire place. Lawdoll I would not be casting stones considering you are still on this topic after killing a parent. The poor child that was in the middle of your obsession had a mother, you dont tell people that but she did until she died. You also dont tell people that even after you saw a shrink and he told you the deal you kept going. You have issues you are not a doctor or lawyer and if you were so smart then you would stop being on go wilkes and go to school. Every job has people that dont work, but I would not cast stones when you are just as guilty as others. It is time to stop and really look at those your affecting and it is not helping the children by bashing DSS.
Many families are helped by DSS the 1million we spent out alone last month for foodstamps and medicaid becasue people are losing their jobs. I dont see you buying or helping others in the community, You sit at home all day typing rants on the computer because you have a sad existence. Grow up and love those that you have and help others that you know, become a foster parent in your county or do community service.Just remember most of us do this job for little money and no reward we do it becasue we love the children. Obviously we cannot please everyone but I know what good we do and I know we will never be liked or be able to show everyone the good work that we do. There will always be people who don’t think we did enough or we did to much or nothing at all. So move on with it, personally I am sick of hearing you.

Sunday, Feb. 08, 2009

Judge’s ruling may force DCFS into changes

http://www.bnd.com/news/local/story/647780.html

BY GEORGE PAWLACZYK AND BETH HUNDSDORFER – News-Democrate

Open records advocates say that an unusual decision by a Madison County judge to release a closed juvenile court file in the death of 3-year-old Joseph Schoolfield may push the Department of Children and Family Services to make its files public in cases where children die.

“Anything that allows a little bit more sunshine into this process is a step in the right direction. I think the door has now opened a crack,” said Richard Wexler, executive director of the National Coalition for Child Protection Reform in Alexandria, Va.

“What needs to happen is that the door needs to be shoved wide open,” said Wexler, who contends that the agency’s files should be open to allow the public to learn of poor judgment and mistakes by caseworkers that can lead to harm to children.

While an Illinois law that took effect in June allows the DCFS to release records when a child is killed or seriously injured and someone is charged with a crime, the agency refused the first request made by the News-Democrat in November involving the death of 3-year-old Bianca Starr. She died at her family’s home in Herrin of asphyxiation and her mother is charged with murder.

The law resulted from the newspaper’s 2006 series “Lethal Lapses,” which reported that the deaths of 53 children under state care occurred after state child protection workers erred or failed to follow their own regulations.

DCFS spokesman Kendall Marlowe, citing a provision of the new law that records may be withheld if a criminal investigation might be compromised, said his bosses told him nothing could be released in the Starr case. Marlowe said the local prosecutor was first contacted.

Indiana and Missouri have laws that allow the case files to be opened irrespective of criminal investigations.

Marlowe was asked to open DCFS files in the Joseph Schoolfield case. He said he will provide an answer in several days.

Springfield attorney Don Craven, a specialist in open records law and counsel to the Illinois Press Association, said DCFS may have a difficult time justifying keeping the Schoolfield case records closed after Madison County Chief Judge Ann Callis opened the boy’s juvenile court records Thursday at the request of the News-Democrat, and after first checking with prosecutors.

“Callis talked to both prosecutors prior to opening the record and neither of them objected,” Craven said. “If the prosecutors say it is not going to interfere with an ongoing investigation, I can only assume they would have told Judge Callis that if it were so. … Is DCFS going to tell you they talked to the same people and the same people told them to keep them (files) shut? You’ve already got a judge saying she talked to two prosecutors and they say release the record.”

In the juvenile court case involving Joseph, a DCFS caseworker at a Dec. 2 court hearing contradicted an earlier finding by the agency and testified that the boy’s injuries were accidental. Joseph’s mother, Valerie Schoolfield, was allowed to keep her son.

Valerie Schoolfield, of Keyesport, was charged Thursday along with her boyfriend, Scott Endicott, also of Keysport, with first-degree murder in the child’s beating death. Joseph died Jan. 24 after three days in the intensive care unit of a St. Louis hospital. The two were charged in Clinton County Circuit Court in Carlyle, and both remain in custody at the Clinton County Jail.

In another unusual move, Madison County State’s Attorney William Mudge issued a news release Tuesday challenging an assertion by DCFS in a news story that the agency had always acted to protect Joseph.

Mudge said that the caseworker’s claim on Dec. 2 that the injuries were accidental, “made it impossible” for prosecutors to get a judge to agree to place him back into protective custody.

The newspaper’s 2006 investigation showed that caseworkers and supervisors commonly made basic errors, such as failing to check the criminal record of a boyfriend or even making a proper search to find a family after receiving a hotline report that a child was being abused. In one case, a caseworker finally located an abused child after he got a call saying the little girl was in the morgue.

In another case, a child protection worker refused to properly investigate a scalding case because the state didn’t provide batteries for a digital thermometer. In other cases where children died, accounts from parents that children were injured accidentally were taken as fact without investigation.

The new law also provided for the formation of “error reduction teams” from the DCFS Inspector General. They have held retraining for most of the state’s child protection investigators.

Wexler, the head of the national child protection group, said, “DCFS has no interest in secrecy except to protect itself … opening records makes it less likely that DCFS can mislead anyone about who said what and when.”

Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com or 239-2625. Contact reporter Beth Hundsdorfer at bhundsdorfer@bnd.com or 239-2570.

Lethal Lapses Series

http://www.bnd.com/lethal_lapses/index.html

Report: CPS failed in abuse case

 

http://www.komonews.com/news/local/39240967.html

PIERCE COUNTY, Wash. — For weeks, a local father begged Child Protective Services to protect his young son from suspected abuse. Three-year-old Michael Kekoa Ravenell died after his mother’s boyfriend allegedly choked and beat him.

 Michael Kekoa Ravenell

A blistering new report by the Department of Health and Human Services criticizes CPS for its handling of the case, and warns that the problems with this case may be statewide.

When Kekoa died last May, the questions were immediate and harsh.

According to court documents, Noah J. Thomas, the boyfriend of the boy’s mother, confessed that he’d beaten and choked him. Thomas told investigators blood was coming from the boy’s mouth, which he later tried to clean up with bleach.

An autopsy by Pierce County Medical Examiner found that the little boy died of blunt force trauma to the front and back of his head, and a massively swollen brain.

He also suffered a blunt impact to his abdomen, which compressed his abdominal wall to his spine, injuring his internal organs. There was also evidence of strangulation because of hemorrhages in Kekoa’s eyes.

But that doesn’t tell the story of what happened before he died.

Nearly two months earlier, the boy’s father had called Child Protective Services when he suspected abuse.

It was the first of what the boy’s father says were many suspicious marks on both his son and daughter.

“And he had bruising on the side of his head that was tender,” said Michael Ravenell, the boy’s biological father.

The case file shows CPS assigned an inexperienced social worker with just three months on the job to Kekoa’s case. ( this is no excuse for their failure to protect this child)

Ravenell says he kept calling, telling CPS about additional abuse, but got little response.

“Every day that went by was another day that something might have happened, or something more happened to my children,” he said.

Now the state’s own review of Michael’s death is a blistering indictment of how this case was handled.

“Policy wasn’t followed, procedure wasn’t followed, and that the supervision wasn’t adequate to make sure that policy was followed,” said CPS spokesman Thomas Shapley.  (if the supervision was inadequate the supervisor should have also been fired)

The CPS social worker never checked Thomas’ background. He had a prior conviction for abusing his own children who were 2 and 4 years old.

The social worker never had a doctor examine the boy even though his father had informed her about the bruises.

The report also questions the then-new social worker’s training and supervision, and adds the problems may be statewide. (lack of training and supervision are not a valid excuse for their failure to protect this child!)

The report states the current training programs for new employees “are not sufficient to teach and train new employees who have no direct experience or knowledge of child welfare.” (still not a valid excuse for this failure)

It also notes that the case worker had consulted a supervisor several times during the investigation, but “interruptions to case staffings were commonplace due to unit workload and at times a thorough review of cases was not possible.” (this is NOT a valid excuse, if fact, it makes this failure even more negligent!)

Shapley said CPS has been made aware of the report’s findings.

“Supervisors and social workers throughout this agency are aware of this case and are looking at ways to do things better,” he said.  (how about you get off your ass and actually do some work…it does not take much to type in a person name and a do a background check)

Maybe so. But that can’t compare to the anger and anguish that this father still feels.  (I hope he sues, it won’t bring his son back, but it might make a difference in the way these cases are handled in the future as well as raise awareness to this epidemic.)

“You ask for help and nobody…I don’t know. It’s like nobody wanted to help me, my son, my kids,” Ravenell said.  (I know exactly how he feels)

CPS has already fired the social worker who was on Kekoa’s case. The supervisor is still on the job and has not been disciplined. ( why the fuck not…it is clear from the report that she failed to do her job, she should be fired and prosecuted!)

The fatality review recommends that CPS beef up its training by teaming up new, inexperienced social workers with veterans. But the Department of Social and Health Services said in this struggling economy, the costly method is not a possibility. (this is not an excuse for failing to protect these children!)

 

Enough is enough, this childs death is a direct result of CPS failures and they should be charged with a crime for it.  Why is the supervisor still working there?  This supervisor and this “inexperienced” social worker killed this child through their neglect and inability to do their job and they should be held accountable for that!  They should be charged with this child’s death and sent to prison…

I do not understand how the public can read these stories, see the failures of CPS, the faces of these beautiful children, that they allowed to die and not be screaming in the street for change and accountability!  How many more children have to die, because CPS is incapable of performing even a fucking simple background check on a suspected abuser, how many bruises have to be ignored by social workers and their supervisors before the people say, not one more child will die on CPS’s watch.  This child was murdered, not only by the mothers boyfriend, but by the very department that owed a duty to protect him. 

If the other parent of a child, fails to protect that child from abuse, they are charged with a crime, why should CPS be any different?  When these children die from what is so clearly negligence by Child Protective Services, then the people in charge of the case should suffer the same punishment as any other person would…hell even more so, because of their position, these people should be held to a higher standard than an ordinary person and face stricter punishments than them.

These deaths are an epidemic, this is mass murder by these departments…if this was occurring in any other country and we were seeing it on the news, the American people and government would react with outrage and a call for action to make it stop, but because it is happening in our country, by the Department of Health and Human Services…nothing is fucking done to stop it…no soliders are sent in to protect the innocent children, no mass outpouring of letters to the President begging him to intervene, no public cry for justice for these children.

What is the value of these childrens lives, do they not deserve the mass outrage that is afford to other tragedies where untold numbers of children are killed, simply because a government office is involved?

http://www.komonews.com/news/local/19344859.html 

Father warned CPS about abuse before toddler’s death

 

Michael Kekoa Ravenell

Michael Kekoa Ravenell

TACOMA, Wash. — A man who claimed that a young boy in his care died in a playground accident has now admitted hitting and choking the boy, police said, and state officials say they were investigating allegations that the boy had been abused.

The man, identified as Noah J. Thomas, 25, was booked into the Pierce County Jail at 1:30 a.m. Thursday for investigation of second-degree murder.

Police spokesman Mark Fulghum says the boy’s injuries occurred Wednesday inside an apartment, not on a playground set as officers were first told.

“Once they returned to the apartment (from the playground), things kind of went downhill,” said Fulghum.

An emergency room attendant at St. Clare Hospital in Lakewood called police Wednesday evening to report a 3-year-old boy who had been brought in had died.

The boy’s mother took him to the hospital after arriving home to find the boy injured. Thomas, who is her boyfriend, at first told her that the child fell at an apartment complex playground in the 2200 block of South 96th sometime earlier in the day.

Fulgham said Thomas was looking after the boy while the mother was at work.

The child was pronounced dead at the hospital, but it was not clear what time the boy was actually injured.

The Pierce County Medical Examiner’s Office identified the deceased boy as Michael Kekoa Ravenell. The boy died from a blunt force trauma of the head, the medical examiner said.

Investigators said Thomas ultimately confessed to beating and choking the young boy. Records show he also has a 2004 conviction for assaulting his own children who were 2 and 4 years old.

The dead 3-year-old’s father, Michael Ravenell, said he reported to state Child Protective Services that he suspected his son was being abused in the care of the boy’s mother and her boyfriend.

Ravenell said the his children showed up for visits with bruises and other injuries, and he’s been keeping records and reporting each injury to CPS.

“I would say ‘what happened, son?’ And he would say ‘I don’t know.’ But we knew something was up because it had gotten progressively worse,” he said.

Ravenell said officials rarely got back to him and his son would cry and beg not to go back to his mom’s house.

“He knew, he knew. He said ‘I don’t want to go.’ I said ‘Daddy is working on it. Hang in there, there is nothing I can do,”‘ he said.

CPS officials confirmed that a complaint was filed on April 2 and that an investigation was under way. They said they weren’t aware of the extent of the boyfriend’s involvement in caring for the child.

Officials said a caseworker made repeated visits to the mother’s home, but was given conflicting stories about her live-in boyfriend. (hint: conflicting stories=normally equal lies!)

“We had a safety plan that was developed, and it’s just something that doesn’t appear to be strong enough,” said Nancy Sutton with CPS.

Now that his son is gone, Ravenell is trying to protect his young daughter and gain full custody.

“I’ve got to be strong and be there for my daughter,” he said.

CPS is organizing a panel to determine what could have been done better to protect the boy, and what could be done now to protect his sister.

Court records show the children’s mother once filed for a protective order against Ravenell, claiming he was suicidal and a threat to her and her children. However, that order was never issued because she failed to show up at court.

Groups Find Fault With Governor’s Budget

 

Minority Leader Backs Rell’s Decision

 

http://www.wfsb.com/money/18651584/detail.html

POSTED: 5:51 pm EST February 5, 2009
UPDATED: 7:51 pm EST February 5, 2009

HARTFORD, Conn. — AFL-CIO President John Olsen said he feels Gov. Jodi Rell is trying to balance the budget deficit on the back of state workers.

Olsen said the state needs to support middle-class families — not abandon them.

“At a time when you need government the most, it is not a time the time to attack government the most,” Olsen said.

Olsen said layoffs weaken the economy. Asked how the governor and legislators can wipe out the $8 billion deficit without layoffs, he said the answer is a more progressive income tax and to increase taxes on the wealthy.

“The idea that maybe closing a few agencies or mixing them up or renaming them, you are just rearranging chairs on the Titanic,” said Lori Pelletier, of the AFL-CIO.

But Sen. John McKinney, minority leader, agreed with the governor. He said state government is bloated and no longer affordable.

“We have a progressive income tax, but I agree with Barack Obama and Jodi Rell,” he said. “This is not the time to increase taxes. Every family is feeling the pinch.”

One of the agencies slated to be eliminated, the Office of the Child Advocate, said its work investigating the deaths of children is crucial.

“I am fearful of what will happen to our most vulnerable children,” said the state’s child advocate, Jeanne Milstein.

She said her office investigates as many us 30 child deaths per week.

Eliminating the agency would save the state roughly $800,000. In the plan, Milstein would be the only person in the office to keep her job and she would work out of the state attorney general’s office, using his staff.

However, Milstein said her staff is specially trained.

“We have experts in child welfare, nurses who specialize in child welfare, and nurses who specialize in maternal and child health and children with special needs,” she said.

The office of the child advocate was created in 1995 after the death of baby Emily. She was raped and murdered by her mother’s boyfriend, but her situation was well-known to the Department of Children and Families.

After an investigation, recommendations were made to improve how state social workers do their jobs.

More recently, in May 2008, 7-month-old Michael Brown died while in the custody of a foster mother who was also a DCF employee.

Milstein and her staff said they’re worried that without independent reviews and access to confidential information, there will be no more accountability.

Published February 06, 2009

Rally seeks greater rights for families in DSHS cases

 

http://www.theolympian.com/southsound/story/749993.html

Adam Wilson

Jan Smith of Nisqually began her battles with state Child Protective Services a year and a half ago, when her grandson was taken from a hospital by a social worker.

Her daughter was abusing drugs and Smith wanted to take over care for the child, she said. But the boy was sent to live with a foster family interested in adopting him, she said.

“Blood relatives are of no consequence. I had no rights,” Smith said. “It’s a public policy I’m interested in changing.”

She and about 150 others rallied at the Capitol to demand more consideration from the Department of Social and Health Services, which is tasked with protecting children from abuse.

“We have gone so far in giving boundless authority to these social workers. They can do as they please,” said Dave Wood of Washington Families United, which sponsored the rally.

The department recognizes how important staying with relatives can be for vulnerable children and has been moving more children to those homes, said department spokesman Thomas Shapley.

Research shows that children placed with relatives have fewer behavioral problems and switch homes less frequently than children placed with foster parents, he said. About 38 percent of the children removed from their homes in Washington are placed in what is known as kinship care.

“It’s the first logical thing to do if it’s safe for the child and ultimately in the child’s best interest – remain with the extended family, in familiar surroundings with familiar people,” Shapley said.

But Wood said that the rate of relative placements should be doubled. And complaints against the department have reached an all-time high of 1,200 in two years, according to a recent report by the Office of the Family and Children’s Ombudsman.

A broad assortment of activists recounted emotional stories Thursday, many saying they were treated with disdain by state employees.

“They use that argument against you a lot: if you couldn’t deal with the adult child, then you can’t deal with your grandchild,” Smith said. But the troubles of an adult shouldn’t reflect on the ability of grandparents to care for their grandchildren, she said.

Smith said she contacted social workers and lawmakers and picketed outside a state office while trying to regain custody of her grandson. After 18 months and four rounds of parenting classes, her daughter had the boy returned to her, Smith said.

The department cannot confirm details of individual custody cases because they are legally private.

Smith formed two groups to advocate for relatives’ custody rights: Washington State Extended Families and Citizens for Family Preservation. They are part of the effort that led to Thursday’s rally, the first of its kind that organizers could remember.

Sen. Pam Roach, R-Auburn, promoted the event and said it was prompted by cases in which the state failed to stop abuse, including one in which a 14-year-old Carnation girl was starved.

“On one hand, they don’t protect kids. On the other, they take kids away from parents,” Roach said.

She touted several bills she has proposed to change the child welfare system. Among her ideas are splitting DSHS, the largest state agency, into several smaller agencies, boosting grandparents’ legal standing, and requiring volunteers appointed by the court to represent children to report their financial and family status.

Adam Wilson covers state workers and politics for The Olympian. He can be reached at 360-753-1688 or awilson@theolympian.com.

Foster Care Abuse Ruling Goes Against State Workers


Court Strikes Down Defense of Qualified Immunity

 

http://www.youthtoday.org/publication/article.cfm?article_id=2647

by Jamaal Abdul-Alim

Foster care workers can be held liable if the children they place in foster homes are sexually abused by other children in the home who were known perpetrators or victims of sexual abuse, a federal appellate court has ruled.

The ruling by the U.S. Court of Appeals for the 11th Circuit, in Atlanta, involves a case in which three children – who were 8, 5 and 3 at the time – were repeatedly molested in 1999 and 2000 by older children in a Florida foster home. The suit alleged that even after a documented case of child-on-child sexual abuse occurred in the same house in July 1999 nothing was done to protect the younger children.

According to the suit, the younger children originally were placed in the house even though it was licensed for only two children and had three living there. ( So it was a total of 6 kids in a house licensed for 2?)Of those three, two boys were known to be “sexually aggressive.” And, the suit alleged, the Florida Department of Children and Family knew that younger children in the home were often left in the care of those same “sexually aggressive” youths.

The suit alleges that the younger children were abused by those two sexually aggressive youths.

The federal appellate court ruled that the foster care workers should have known not to place the young children – who had allegedly been sexually abused by their biological parents – in the home. By doing so, the court said, they violated the children’s 14th amendment right “to be free from an unreasonable risk of harm while in state custody.” (this ruling is a big deal…..notice it does not just say free from sexual abuse, but unreasonable risk of harm while in state custody!!!!!)

“Defendants knew that sexual abuse victims … were more likely to be re-victimized and more likely to perpetrate similar offenses,” the court wrote in reference to the older boys. “Despite this knowledge, no defendant – despite his or her authority to act – took steps to secure” the safety of the children they had placed in the foster home.

The appeals court’s ruling turned on the issue of immunity. The plaintiffs had sought to file an amended complaint of their federal district court case and, in response, the state had asked for a dismissal, claiming the three child welfare workers named in the suit – a social worker, a licensing counselor and a licensing supervisor - had qualified immunity. The district court ruled against the state and the appellate court upheld that ruling.

Howard Talenfeld, an attorney for the victims, believes the case is the first to establish a foster child’s right to be protected from sexual abuse by other children in the foster care system when workers know they are placing the children in harm’s way.

“The message is that front line workers and officials need to be vigilant … to ensure that they’re not placing other children in care at risk of sexual assault,” Talenfeld said.

Marty Guggenheim, president of the National Coalition for Child Protection Reform, said there have been other successful lawsuits for such foster-care abuse, but added: “This case is very important because it clarifies that agencies owe a duty of care not to endanger their wards.”

A spokesman for the Florida DCF said the department had taken several precautionary steps since this case to make sure that children are protected from sexual abuse while in the foster care system. Those steps include more thorough assessments and background checks on everyone, including children, living in a foster home, and not placing younger children in homes where older children have been victims or perpetrators of sexual abuse.

However, the department spokesman said that the Florida DCF has no way of knowing whether those precautionary steps are working because the department does not track child-on-child sexual abuse within the system – a practice that Talenfeld said is endemic in foster care systems nationwide.

After the federal appellate court issued its decision on Dec. 15, the matter involving the three children, including a still-pending state court action for negligence, was settled through mediation for $2.925 million, according to Colodny, Fass, Talenfeld, Karlinsky & Abate, a Florida law firm that represents the children. The state case, filed separately around the same time as the federal case, will be closed when the damage settlement in the federal case is approved by the federal district court judge.

 

This is a good step, we still have a long way to go…notice the foster parents were not charged…but it is still a good ruling!  People are starting to notice what is going on in the CPS system, we just have to continue to get the word out about these cases. 

I know in the Danieal Kelly case that the social worker and others were charged in her death,  I will find that case and post it on here.  It is one of the saddest cases I have ever read, and shows the the failures of CPS at it worst. 

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