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Monthly Archives: March 2009

Adrianna’s Story

Adrianna Cram was born in Oregon, taken into protective custody by the state of Oregon at age 1, and sent to live in Mexico with relatives she’d never met just weeks before her fourth birthday. Adrianna’s journey shows how child welfare agencies in two countries failed a little girl and offers lessons for protecting other children.

 

Adrianna Romero Cram smiles in a photograph taken in Mexico before she was murdered.

Adrianna Romero Cram smiles in a photograph taken in Mexico before she was murdered.

 

http://www.oregonlive.com/special/index.ssf/2009/03/adriannas_story.html

 

Oregon girl sent to Mexico falls through the cracks

http://www.oregonlive.com/special/index.ssf/2009/03/adriannas_story_part_one.html

Sunday, March 15, 2009

By Susan Goldsmith and Michelle Cole

The Oregonian

The dark-haired American girl was suffering. The teachers at her preschool in the Mexican village had seen the bruises.

But Adrianna Romero Cram, just 4 years old, a U.S. citizen shipped from Oregon foster care to relatives she’d never met in Mexico, had little to say about what was happening to her.

“Who hit you, Adriannita?” asked teacher Judith Caizero Aguilar. “Who hit you? I won’t tell anybody.”

The little girl had only one answer for her teacher: “I fell.”

But she hadn’t fallen. Adrianna was being abused.

Adrianna’s torment continued for months because governments in two countries failed a little girl they were supposed to protect.

The state of Oregon sent Adrianna to Mexico and had legal responsibility for her well-being. But an investigation by The Oregonian shows that the state’s monitoring of her welfare was limited to occasional phone calls — mostly to her abusers — and unquestioning dependence on welfare workers in Mexico.

 Mexican authorities didn’t make adequate checks on Adrianna’s care and blatantly ignored repeated warnings that she was being abused.

Today little has been done on either side of the border to ensure the safety of American children sent from foster care to live with relatives in Mexico.

Nationally, nobody can say exactly how many U.S.-born children have been sent from state foster care to live in other countries. There’s no reliable system to keep track of what happens to these children. What is clear is that the majority go to Mexico.

Adrianna made that journey 10 months before the spring day when her teacher asked the little girl who hit her.

That frightened child was very different from the one who’d arrived in Omealca, a town of 3,600 surrounded by verdant hills and sugar cane fields in the southern Mexico state of Veracruz. The school’s director recalled her as an “adorable, happy child” her first few months.

But by winter, teachers noticed that the bubbly girl who loved wearing hats was quiet, withdrawn and not dressed properly for the cold mornings. She told them she was hungry.

As summer approached, Adrianna’s anguish was in full view: bruises on her legs and back, a chunk of hair pulled from her head, burns on her palms.

The teacher, Caizero Aguilar, tried to comfort the little girl.

“I told her, ‘The angels protect you. In the night, the angels will come and take you on a beautiful trip,’” Caizero Aguilar said, hoping that the girl would feel safe.

“‘Don’t have fear, Adrianna. The angels will protect you.’”

Reporters for The Oregonian have filed records requests and interviewed state officials about the case since August. On Tuesday, as this series was being prepared for publication, Oregon’s Department of Human Services announced a moratorium on sending foster children out of the country. State officials say they want to develop international agreements before more children are sent abroad.

Oregon has sent 13 children to Mexico for adoption since 1999; state officials expect the number to grow. Five children were in the pipeline for Mexico when the moratorium took effect.

For the children who’ve already been sent to Mexico and for those who may follow, it’s important to understand what happened to Adrianna.

Why did she have to turn to angels?

  Adrianna was born in the summer of 2000 at Hillsboro’s Tuality Community Hospital to a 17-year-old mother who refused to touch her.

“I believed everything I touched I made garbage,” said Adrianna’s mother, Tausha Cram.

State records repeatedly refer to Cram’s “turbulent” childhood. Turbulent may be too gentle a word.

Born in Washington state, she moved frequently. She was sexually abused as a child and addicted to meth by 13. She dropped out of school and became pregnant with Adrianna when she was 16.

Adrianna’s father, Basilides Romero Marin, was from Mexico and also a teenager. He was violent, records show, and the marriage lasted less than a year.

Just before and just after Adrianna’s first birthday, records show anonymous calls to an Oregon child abuse hot line. The baby wasn’t getting the thyroid medication she needed, callers reported, and her mother was using drugs.

Cram denies the accusations, but soon after the third call, state child welfare authorities stepped in and placed Adrianna in foster care.

Caseworkers described 1-year-old Adrianna as an “adorable” toddler. Doctors and social workers chronicled the little girl’s life: At 15 months, Adrianna could say: “hi,” “bye” and “ho ho” for Santa. She enjoyed wearing pretty clothes.

But they also noted concerns: At 17 months, Adrianna’s motor and language skills were those of a younger child. At 2 years, 7 months, Adrianna would have “bad days,” when she was too calm, didn’t play or eat. Other times she wouldn’t tolerate being touched or changed. One doctor observed: “A better plan needs to be in place for her.”

Under federal and state guidelines, children are in state custody for the shortest time possible. The idea is to assure a child a permanent home within 36 months, whether it’s with the parent or someone else, preferably a relative.

Adrianna was in three foster homes that first year. She was moved from one home because a foster parent abused prescription drugs.

Meanwhile, Cram was in and out of drug treatment. Sometimes her supervised visits with Adrianna at the child welfare office were tearful, loving reunions.

Sometimes she didn’t show up.

On Jan. 20, 2004, Cram was serving time in the Washington County jail when she was notified that the court would terminate her parental rights.

Adrianna’s father lived in Washington state. Records show child welfare caseworkers there said he wasn’t fit to parent the girl because he was in the country illegally, had a theft charge and had lied to police regarding his identity. The Oregonian was not able to reach him or confirm his immigration status.

Adrianna was nearly 4 years old and in need of a permanent family. After Oregon officials ruled out Cram’s relatives, Washington County Judge Kirsten Thompson ordered the girl’s father to come up with a list of his relatives who might be willing to adopt her. He suggested his father or a sister in Omealca, Mexico.

Mexican social workers recommended a different sister, Elizabeth Romero Marin. She was 24, married and had two children close to Adrianna’s age. In a two-page home study, Mexican officials reported that Romero Marin and her husband, Hector de Jesus Luna, owned their three-room home, which was clean and had an indoor toilet.

Thompson signed off on a plan allowing James Perillo, Adrianna’s bilingual caseworker, to take the little girl to Mexico for an eventual adoption. Even though Adrianna was going to Mexico, Oregon would remain legally responsible for her until the adoption was final, which can take a year or more.

Oregon had already sent more than a dozen kids to other countries but still had no policy for handling international adoptions. Perillo was on his own.

He said he proceeded the same way he would have had he taken Adrianna to relatives in Minnesota. Adrianna’s pediatrician outlined her medical needs. Doctors in Mexico said they could care for her. Perillo said he called Romero Marin and talked to her about her home and family. “I wanted to hear that they were dedicated.”

  Omealca doesn’t show up in most guidebooks to Mexico. It’s three hours inland from the coastal town of Veracruz, where cruise ships dock before they head east to Cancun and Cozumel.

Despite its lush mountain setting, Omealca’s poverty is striking. One-room concrete houses line crooked, dirt streets where dogs roam unattended. Garbage is strewn on the roadsides. Residents say there’s little work outside the sugar cane fields, and most of the men have ditched the town for the United States to find jobs.

Others turn to drug trafficking, evidenced by the federal police who now patrol the town square with assault rifles.

Adrianna arrived in Omealca in the summer of 2004. At first, it looked as if she’d finally found some stability.

She loved playing with her cousins. And she began government-funded preschool in a one-story complex with an outdoor play area a few blocks from her home.

But within months, teachers saw Adrianna come to school without proper clothes for the weather. She was often cold and hungry. School director Albina Cruz Gutierrez spoke with Romero Marin, and the girl’s care improved temporarily.

In December, five months after Adrianna’s arrival, her grandfather, Joel Romero Palacios, went to Desarrollo Integral de la Familia, the Mexican child welfare agency, and told them Adrianna was the victim of family violence.

Information about that report made it back to Oregon authorities via the Mexican Consulate, including an assessment by a welfare agency psychologist that said Adrianna had “defecated in her underwear,” so Romero Marin “bathed her outside with cold water.”

Perillo said he made phone calls to Mexico, talking with the psychologist, the social worker and Romero Marin. His notes do not describe what they talked about even though department guidelines require detailed documentation.

Perillo never talked to Adrianna’s teachers, saying he assumed they would report any problems to the Mexican social workers.

He had to trust his counterparts in Mexico who told him Adrianna was all right, Perillo said. “What could I do? I had no choice.”

Still, Perillo admitted that he wasn’t getting the regular written updates on Adrianna that he’d requested. After the December report, he received no other written report until April. His monitoring largely meant monthly phone calls to Romero Marin.

Perillo also occasionally spoke with Adrianna.

On May 16, 2005, he wrote in the case file: “I talked to Adriana (sic) who seems fine. I told her I was going to Mexico next week. Adriana (sic) asked me if I was going to visit her. I told her I was going to another place in Mexico. She said, ‘OK.’”

It would be the last contact he’d have with the girl.

  Mexican welfare workers’ spotty communiques about Adrianna’s new life in Mexico made no mention of what Adrianna’s family members, teachers and even some neighbors knew: The 4-year-old American girl was being beaten regularly.

By May, the principal and several teachers at Adrianna’s school began a desperate effort to get the Mexican child welfare agency to pay attention. They took daily pictures of Adrianna’s bruises and wounds and went to the agency’s offices pleading for help.

None of the teachers’ information was ever conveyed to Oregon officials, who still had responsibility for Adrianna.

On May 19, Albina Cruz Gutierrez, the school’s principal, wrote a letter to the head of the welfare office in Omealca asking for urgent help because Adrianna was showing up at school with bruises on her face, hands, legs and back.

Officials responded with a letter that said a social worker visited the school May 23, assessed all the children and found them to be in “perfect health.” Adrianna, the letter noted, was absent from preschool that day.

Cruz Gutierrez then went to the local office and urged them to investigate. “They said, ‘Don’t worry,’” she recalled. “‘We’ll investigate.’”

But no investigation began.

Frustrated, the principal dispatched two teachers to Xalapa, the state’s capital, to see whether child welfare officials there might help.

“We told them that, if they didn’t do their jobs, we were going to the prosecutors and going to press charges,” Cruz Gutierrez said.

The principal also sent two teachers to Adrianna’s home to check on her after she’d missed several days of school. The teachers did not see her, so Cruz Gutierrez went to speak with Romero Marin.

“She told me Adrianna didn’t behave,” the principal recalled. “I told her I didn’t want her to hurt Adrianna and she should treat her like her other children.”

Adrianna returned to school. But each day, teachers say, they found new cuts, bruises and burns, which they fastidiously documented in photos and written reports.

On June 6, the school’s records show Adrianna came to preschool with a large bruise on her face, near her mouth. She told teachers she’d bitten her lip.

Two days later, Cruz Gutierrez and teachers checked Adrianna again and found a new bruise on her stomach. Adrianna said it was a mosquito bite.

Music teacher Jazmin Juarez Benitez spent much of her time off looking for help for Adrianna.

After fruitless visits to the child welfare offices around the state, she went to a Mexican human rights group, where she was told she needed to go through child welfare authorities. Frustrated, and convinced that the little girl was in danger, Juarez Benitez also went to the state attorney general’s office in Cordoba, a bustling city a half-hour’s drive from Omealca.

Prosecutors told her to gather all the evidence of abuse and get Adrianna’s birth certificate and other paperwork in order.

When she reported back to Cruz Gutierrez, the principal called the preschool staff together to discuss how to proceed.

“I wanted to see if we had enough evidence,” she recalled. “We did not have enough. We were gathering it.”

Some of the teachers discussed kidnapping Adrianna for her own safety. Some were fearful.

“Omealca is known as a very violent and aggressive place,” Juarez Benitez said. They were supposed to work through the welfare agency, but the officials charged with caring for the child repeatedly ignored their pleas.

Juarez Benitez said she was tormented.

“I felt Adrianna needed help urgently,” she said in a phone interview a few weeks ago. “I felt very handcuffed.”

 On June 10, a Friday, teacher Caizero Aguilar questioned Adrianna about her abuse. She got no answers.

Frustrated by the apathy of welfare officials and the child’s obvious pain, the teacher reached for her faith. The angels, she promised Adrianna, would protect her.

On Monday, Adrianna didn’t show up for preschool. Hector de Jesus Luna, Romero Marin’s husband, told the principal, Cruz Gutierrez, that the girl was sick and he was taking her to the doctor.

Two hours later, the principal called the doctor to check on Adrianna.

The little American girl was dead.

 

  SIDE BARS

 

Teachers’ Notes

Teachers at Adrianna Romero Cram’s preschool documented her abuse in hopes of getting help for the little girl. Their notes from 2005, along with photos they took of Adrianna’s injuries, became part of the criminal investigation following her murder. Here are excerpts, translated from the original Spanish and edited for clarity:
May 19:

Teacher: What happened to your hands and your ear? Adrianna: Elizabeth Romero Marin, Adrianna’s aunt, “put my hands on the stovetop and had to put toothpaste on it.” She pulled my ear because she said “you dirtied your house dress” and “I had to bleed you for that.” Teacher: What about your head? Adrianna: “I climbed on top of the hammock and had to hit my head.” Teacher asks about eating at home.

Adrianna: “I like to eat tortilla.”

Romero Marin “says eat good and with your mouth closed because if your (uncle) sees you he will see how you eat like a little pig.”

“She says that I don’t have to eat, but I wanted to eat, but she says you will eat, but you will not throw up.”

June 2:

Romero Marin approached a teacher and commented that she feels tense and pressured, feeling a distancing from Adrianna, noticing that it is becoming very difficult even to comb her hair because of the lack of affection she feels. She said her daughter noticed it and asked why she didn’t like Adrianna anymore. She also mentioned that she stopped sending Adrianna to the psychologist.

June 6:

Adrianna showed up with a big bruise on her mouth, specifically on the corner of her mouth and inside, too. When asked, she said she “bit her lip.”

June 8:

Today Adrianna was checked more thoroughly, and new bruises and scrapes were discovered (more recent than the ones we already knew about). On her stomach on her right side, there’s a bruise. She says that “it just appeared.” When asked how, she answered, “just because” and “the mosquitoes bit me.”

She also has a couple of scrapes on her chest that seem deep. When asked what happened, she says that she cut herself with a knife when Romero Marin stepped out for a minute. Later, she volunteers, “the mosquitoes bit me and (Romero Marin) had to punish me.” I asked, because the mosquitoes bit you, she punished you? She said, “yes.”

I also asked her about eating breakfast before school and she answered, “Yesterday she didn’t feed me.” I asked her, how about today? “No, today neither.”

June 9:

Today I checked her out again and there’s the same scars from the day before, but today she says Romero Marin “hit me with her shoe.” I asked her what part of the shoe and she said “the heel.” She also said Romero Marin hits her with her belt, with her hand, with a flip-flop and with a yellow belt. She says Hector de Jesus Luna, her uncle, hits her with a dirty undershirt.

When asked about a bruise on her right cheek, Adrianna says Romero Marin hit her for accepting the soup that a neighbor lady offered her.

 

 

Boy at center of 2007 adoption dispute thrives

Gabriel Brandt, the little boy at the center of a 2007 adoption dispute that captured international attention, is now learning to count to 10 and living a quieter life near the Oregon coast.

Child welfare officials set off an emotional tug of war when they decided to send the toddler, a U.S. citizen, to Mexico to be raised by his grandmother.

Angela and Steve Brandt of Toledo, who had been Gabriel’s foster parents since he was 4 months old, were devastated by the decision and worried about the boy’s safety. They sued to keep him.

The Brandts prevailed, but not before drawing Gov. Ted Kulongoski, then-U.S. Sen. Gordon Smith and others into debate over sending children from Oregon foster care to other countries to be adopted by relatives.

Two state adoption panels recommended sending Gabriel to live with his paternal grandmother, Cecilia Martinez, in San Jose Miahuatlan, a small farming community outside Mexico City.

Mediated talks between the Brandts and Martinez led to an agreement that allowed the Brandts to adopt Gabriel but ensures contact with family in Mexico.

Last May, the Brandts took Gabriel to Mexico. Angela Brandt said Gabriel’s grandmother and family were gracious hosts but that conditions of the home and village were “so much worse” than she expected.

The families talk occasionally by phone, but there are no plans for another visit to Mexico, Angela Brandt said. “We’re not wealthy.”

Born Gabriel Allred, but now named Gabriel Justice Brandt, the boy enjoys singing the “ABC song” and is quite possibly “the most finicky eater on the planet,” his mother says.

He lives with four older brothers and two dogs. He adores “Teaspoon,” a puppy the family got last Christmas, and “Bonnie,” a golden retriever who “tolerates him rolling around with her,” Angela Brandt said. “He told me he wants ’1, 2, 3, 4, 5 dogs!’”

- Michelle Cole

 

 

PART 2 OF ADRIANNA’S STORY

 

http://www.oregonlive.com/special/index.ssf/2009/03/adriannas_story_part_two.html

Monday, March 16, 2009

By Susan Goldsmith and Michelle Cole 

Years after her daughter's murder at the hands of paternal family in Mexico, Tausha Cram still grieves over her loss and lives with regrets she says she will carry forever. She keeps Adrianna's ashes in a box in her bedroom and talks regularly to her two younger children about their sister who is now gone. Photo by Faith Cathcart/The Oregonian

Years after her daughter's murder at the hands of paternal family in Mexico, Tausha Cram still grieves over her loss and lives with regrets she says she will carry forever. She keeps Adrianna's ashes in a box in her bedroom and talks regularly to her two younger children about their sister who is now gone. Photo by Faith Cathcart/The Oregonian

 

 

The Oregonian

None of the teachers at Adrianna Romero Cram’s small Mexican preschool will ever forget June 13, 2005.

That hot, sticky morning, Adrianna’s uncle stopped by to let teachers know his niece was sick and he was taking her to the doctor. Two hours later, Principal Albina Cruz Gutierrez phoned the physician to see how the little American girl was doing.

The secretary at the doctor’s office told her Adrianna was dead.

Cruz Gutierrez didn’t need to hear the official cause. She knew Adrianna, the 4-year-old from Oregon, had been murdered by abuse.

When she died, the beautiful hazel-eyed girl was legally in the protective custody of the Oregon Department of Human Services, which had sent her to Mexico.

The agency did little to monitor Adrianna’s well-being after sending her to live with relatives she’d never met. A state caseworker made occasional calls to Mexico, while welfare authorities there ignored repeated warnings about Adrianna’s abuse and wrote positive reports about her life.

Four and a half years after Adrianna’s murder, child welfare workers in Oregon still talk of how devastated they are by her death and how important it is to make sure no other Oregon child suffers a similar tragedy when sent to another country.

Yet the state’s investigation and response following Adrianna’s death stopped at the border. With no more monitoring than Adrianna had, the state has sent eight more children from foster care to live with relatives in Mexico.

  A U.S. citizen, Adrianna was taken from her mother because of neglect and placed in Oregon state foster care when she was 1 year old. An Oregon court ordered her sent to Omealca, a village in the southern Mexico state of Veracuz, in the summer of 2004, just weeks before her fourth birthday. Once there, she was abused by the aunt and uncle the state of Oregon had selected as her new parents.

Teachers at Adrianna’s preschool saw her bruises, cuts and burns and spent weeks badgering Mexican welfare officials to help her.

At the preschool that June morning, the principal and Jazmin Juarez Benitez, a music teacher who hunted for help for Adrianna for weeks, somberly gathered photos they’d taken of Adrianna’s injuries and notes about her treatment and walked to the state prosecutor’s office just a few doors down.

The women told prosecutors they were certain Adrianna died of abuse, handed over their evidence and gave sworn statements.

“I left that office so sad and frustrated, and with the heaviest of hearts,” the principal, Cruz Gutierrez, said.

Adrianna’s body was a tableau of torture. The coroner found “multiple contusions and hematomas in various degrees of maturity throughout her whole body.” Her small body also revealed “signs of forced violence and defensive fighting.”

Officially, the cause of death was “a deep contusion of the abdomen along with a brain hemorrhage” from injuries sustained two or three days earlier.

Weeks later, Adrianna’s aunt and uncle, Elizabeth Romero Marin and Hector de Jesus Luna, were arrested and charged with aggravated murder. Both were convicted.

Adrianna’s aunt received a 45-year sentence. Her uncle got only two years for the same crime. A judge decided the case in secret.

“I don’t even know what happened,” said prosecutor Roberto Sandoval Uribe. Both were equally responsible for Adrianna’s murder, he said. “They had both abused and tortured her for months.”

  In the days after Adrianna died, records show a flurry of e-mails and meetings at the Oregon Department of Human Services. Caseworkers were shocked and heartsick. There was also much bureaucratic scrambling.

“Everybody and their mother and their lawyer showed up,” said Jerry Buzzard, then the state’s child welfare manager in Hillsboro. There was a debate, Buzzard remembers, about whether Adrianna’s biological mother, Tausha Cram, should be told of her death. Legally, the lawyers pointed out, she had no rights as a parent as she’d lost them because of neglect.

“Those of us who were social workers were talking about our ethical responsibility,” he said.

Buzzard decided to tell Cram himself.

Cram, originally from Washington state, was abused herself as a child. She gave birth to Adrianna when she was 17, had been addicted to drugs and was still trying to pull her life together.

Cram asked to bring Adrianna’s body home. The agency declined.

The little girl was buried in an Omealca cemetery surrounded by sugar cane fields. The tin plaque on her grave misspelled her name.

James Perillo, Adrianna’s Oregon caseworker, insists he saw no red flags that would have prompted him to bring Adrianna back from Mexico before she died. Yet she taught him a painful lesson.

“What I do differently now is that I’m demanding things differently,” he said. “And I’m pushing the consulate to help me by making sure I’m getting things and reports. Because, in a heartbeat, if things don’t go right, I’m going to go and get a kid.”

Others in the agency dealt with Adrianna’s death less personally.

State officials consulted with the Mexican Consulate about what to say if reporters called. One note suggested wording for a news release: “It was a tragedy nobody anticipated.”

When a child in the state’s protective custody dies, a team reviews how the case was handled to see what lessons can be learned. The team investigated the state’s own files and questioned how Adrianna’s uncle and aunt in Mexico were selected in the first place.

But the state’s investigation of Adrianna’s abuse and death stopped at the Oregon border.

No one from Oregon talked to Adrianna’s grandfather, who told the Mexican welfare agency that the girl was being abused six months before her death.

No one from Oregon talked to Adrianna’s teachers, who documented her abuse and pleaded with Mexican officials for help.

And no one from Oregon talked to the prosecutor in Mexico, who investigated Adrianna’s murder.

Without that information, the changes the state team recommended did little to ensure that other Oregon children sent to Mexico would have more vigilant monitoring. Instead, the team’s report conceded, on out-of-country placements “mistakes and missteps are possible.”

Even so, Erinn Kelley-Siel, named head of Oregon’s child welfare division last year, said Adrianna’s death “left a legacy” throughout the organization.

“Because of what she experienced — which I wish she never had to experience — because of it, kids are safer,” she said.

Because of Adrianna, the state now pursues a much more thorough investigation of all adopting families, even if they are relatives, Kelley-Siel said. New caseworkers receive training on a new policy guiding international placements.

But when children are sent to other countries, the state still depends on welfare workers beyond U.S. borders to see the children and respond to any problems. In the case of Mexico, Oregon is depending on the same Mexican welfare agency that ignored repeated reports of Adrianna’s abuse.

In an interview Feb. 27, Kelley-Siel said she saw no reason to stop sending Oregon foster children out of the country. “Just because someone lives in another state or another country,” she said, “I can’t say I’m not going to place a child there just on that basis.”

Yet in another interview 10 days later, Kelley-Siel announced a moratorium on sending Oregon foster children to other countries while the state works with the U.S. State Department on a plan to guarantee better protection for the children. The decision means five Oregon foster children scheduled to go to Mexico won’t be going — at least for now.

  At Adrianna’s preschool in Omealca, teachers honor her each November by hanging up her picture for the Day of the Dead celebration.

One teacher, Judith Caizero Aguilar, thought about naming her third child after the little American girl. But she decided it would be a mistake, she said, because “there was only one Adrianna.”

Although the teachers try to keep Adrianna’s memory alive, social workers at the Mexican welfare agency have tried to forget.

Last year, caseworkers at the Omealca branch of the agency feared Adrianna was haunting the office, so the agency director brought in a priest to exorcise Adrianna’s spirit. Since then, workers have not heard her cries for help, said the director, Irene Barrientos de Sierra.

The agency’s records of the 4-year-old American girl’s case also disappeared, she said; previous administrators took them when they left two years ago.

In an interview with The Oregonian, Enrique Romero Cuevas, the consul of Mexico in Portland, expressed regret about Adrianna’s death and pointed out that children in the United States die in foster care as well. He produced numerous news accounts of those cases.

“Systems fail even here,” he said.

Romero Cuevas said the consulate has never received documents about Adrianna’s case because the Mexican judiciary refuses to turn them over. “The file is restricted,” he said, “and we have asked the judiciary for at least a summary of the case, and we have not received an answer yet.”

He learned during the interview that Adrianna’s teachers and principal repeatedly begged child welfare officials for help before her murder.

“That would establish clear responsibility,” he said, “and should be investigated, and if need be, prosecuted.”

  In July, three years after her daughter’s murder, Cram went to Omealca.

“I wanted to ask her forgiveness,” she said.

But Cram also was propelled by a need for answers about what happened to Adrianna. And she wanted to bring her daughter’s body home.

Cram went to the Mexican court and bought a copy of the case file on Adrianna’s murder. The file tells the story of Adrianna’s abuse during her year in Mexico. These are documents the Mexican Consulate says it has been unable to get, and Oregon state officials have not seen.

Cram also got permission to dig up her daughter’s body and bring it home. She scoured the cemetery, looking for Adrianna’s grave, wandering among the dozens of graves adorned with plastic flowers, balloons and statues of the Virgin of Guadalupe. She found it, in the middle of the graveyard, marked with a tin plaque. With a sledgehammer, she broke open the concrete tomb.

Adrianna was cremated in Mexico in July. Tausha Cram brought her ashes back to Oregon in a stone urn. On the front of the urn is a silver angel.

 

 SIDE BAR

 Since Adrianna’s death In the four years since Adrianna Romero Cram was murdered, the Oregon Department of Human Services has added a more extensive home study of adopting relatives, training for new workers, and designated experts in out-of-country placements at its Salem headquarters. But there’s still more to do.

Here’s what hasn’t changed:

Caseworkers do not visit children awaiting adoption in other countries, even though they remain in state custody.

There are no safety contracts between Oregon and Mexico to require regular visits and reports for specific children, even though Oregon has agreements with other countries.

Nationally, there’s no reliable tracking of the number of U.S. children sent by states to be adopted in Mexico or other countries.

A new international agreement provides a framework for protecting children sent outside their home countries. But most states, including Oregon, have not set up systems to comply with the agreement. Last week, Oregon temporarily stopped sending foster children out of the country while it talks with the U.S. State Department about what the state needs to do.

chart-day2

Out-of-U.S. adoption-monitoring agreements still works in progress

Oregon isn’t alone in its struggle to manage a growing number of out-of-country adoptions of children from foster care.

“It’s hard to manage these cases because the best type of oversight is when there’s someone on the ground,” says Judge Patricia Macias, president of the National Council of Juvenile and Family Court and an El Paso, Texas, family court judge.

El Paso has a social worker in Juarez, Mexico, to work with that country’s child welfare authorities and to monitor the kids.

A few states have forged agreements with Mexico to define who will watch over children.

In San Diego County, officials sent 39 children to Mexico last year. The county has an agreement with the Mexican Consulate that spells out how the children will be monitored.

“We do have a great working relationship with Mexico given our proximity,” said Margo Fudge, assistant to the director of San Diego County’s child welfare agency. She conceded the arrangement has pitfalls, but declined to give specifics.

“Whenever you’re at the mercy of another agency,” she said, “tragedies happen.”

Shortly after 4-year-old Adrianna Romero Cram was murdered in 2005, Oregon child welfare officials and authorities from the Mexican Consulate in Portland began drafting a legal agreement spelling out the responsibilities of each side to monitor kids in foster care who are to be adopted by relatives in Mexico.

That agreement was never completed, though Oregon has sent eight more children to Mexico for adoption since Adrianna’s death.

Oregon officials have agreements with some other countries.

In 2007, the department signed a 39-page document with the children’s aid agency in Mississauga, Ontario, detailing how an adoptive placement there would be handled.

Last week, Oregon officials said they hope to have the U.S. State Department’s help with international placements.

Oregon has placed a temporary stop to out-of-country adoptions while officials learn what the state must do to comply with The Hague agreement, an international treaty intended to provide extra safeguards for children outside their home countries.

 

CPS cannot even manage to protect children in their own counties, how the hell can they be trusted to protect children under their care in other countries???  They have children that live 5 minutes from their office that they will not even take the time to check on, do you really believe they will take the time to check on children thousands of miles away.  Hell they can’t even finish the contract in this case! 

CPS worker suspected child neglect but lack of evidence forced her to close investigation on Ariana and Tyler Payne

 

03.14.2009, Kim Smith, ARIZONA DAILY STAR

http://www.azstarnet.com/metro/284303

Editor’s note: Readers, please be advised that the testimony in this trial is disturbing.

A retired Child Protective Services caseworker told jurors Friday that she had concerns Ariana and Tyler Payne were being neglected by their mother, Jamie Hallam, but was forced to close the investigation because of a lack of evidence against her.

“It doesn’t mean it didn’t happen. It just means we didn’t have enough evidence,” a testy Cindy Graupmann told Deputy Pima County Attorney Susan Eazer.

Graupmann was one of the last witnesses called to the stand in the capital-murder trial of Christopher Payne, 30. Closing arguments are scheduled for Monday.

Prosecutors believe Payne killed Ariana and Tyler in the summer of 2006 – months after CPS and the Tucson Police Department thwarted Hallam’s efforts to get her children back from Payne.

An autopsy showed Ariana, 3, suffered broken ribs and a chipped shoulder bone before she died. Four-year-old Tyler’s body has never been found.

Payne is charged with two counts of first-degree murder, multiple counts of child abuse and two counts of concealment of a dead human body. If convicted, he could receive the death penalty.

Hallam dropped Ariana and Tyler off with Payne on Jan. 20, 2006, for what was supposed to be a weekend visit, according to testimony.

Hallam testified that when she asked for CPS’s help in getting the children back, she was rebuffed despite the fact she had sole legal custody of them.

Graupmann testified she began investigating Hallam for suspected child neglect in October 2005. She made two surprise visits to Hallam, one that October and again in early January. Each time, the children were dressed appropriately and appeared healthy, Graupmann said. But Hallam had sores on her face, leading her to believe Hallam was using drugs.

Although Hallam’s drug test came back negative, Graupmann said she considered it a positive because Hallam waited three days to supply her urine.

She spoke with Payne on the phone on Feb. 6, 2006, and urged him to seek custody of the children, Graupmann said.

Graupmann admitted that when she spoke to Payne that day, she didn’t know Payne had just re-established contact with the children after being absent from their lives for three years. She also acknowledged never meeting Payne, not doing a criminal background check on him and not asking him to submit to drug testing. (Yet she told him to seek custody, because the mother had sores on her face…God forbid.  (Hope DSS don’t show up the week before my monthly!) Nice way to do an investigation Ms.  Graupmann, your a real Sherlock Holmes!)

All those things would have been done if Hallam’s parental rights had been formally severed.

Graupmann acknowledged she called Hallam on March 1, 2006, to inform her she could pick up the children because the investigation against her was finished and the neglect allegations were unsubstantiated.

Hallam tried to pick up the children March 9, 2006, but Tucson police officers left the children with Payne after speaking with Graupmann and her supervisor, Christy Tarpley, over the phone.

Tarpley testified Thursday that the police officers told her Payne had a judge’s signed order giving him temporary custody of the children.

The officers testified two weeks ago that Payne did not have signed documents, only a petition asking for custody. (well someone is lying here, excuse me…Ms. Prosecutor, aren’t you going for perjury?)

The officers said that although Hallam had a letter from CPS indicating the case against her was closed, they deferred to CPS and left the children with Payne.

Graupmann testified Friday that her case notes indicate she told Hallam on March 9, 2006, that the case was still open because they suspected her of using methamphetamine. (so in her own words she told the mother that the case was closed March 1st, (see above) and then told her the 9th it was still open???  Well which was it…Hello this is a contridiction in her testimony….)

But Graupmann acknowledged there are no case notes in Hallam’s file dated past that date.

Eazer also asked Graupmann about the sores on Hallam’s face.

“Do you know if they were the result of drug usage?” Eazer asked.

“I do not,” she said.

“Could they have been caused by acne?” Eazer asked.

“Could be,” Graupmann said.

Graupmann was actually called to the stand by Payne’s attorneys, who have suggested Ariana’s bones were broken before she arrived at the Payne household, possibly by one of Hallam’s former boyfriends.

The retired caseworker testified Hallam told her she had been the victim of domestic violence, but there was never any indication the children were abused by Hallam’s former boyfriends or that the children had witnessed any violent acts.

Payne has denied physically abusing either child and says they starved themselves to death because they wanted to be with their mother.

Defense attorneys Rebecca McLean and John O’Brien contend it was Payne’s live-in girlfriend, Reina Gonzales, who starved the children to death. (Honestly, dumb asses, they both starved the children to death, there is no other way it could have happened.  They were both there weren’t they?)

Gonzales, 24, who only admits not helping the children, pleaded guilty to two counts of second-degree murder in exchange for a 22-year prison sentence. (There is a difference between not helping and leaving helpless children in a closet to starve…he was not home all the time, she could have let them out, snuck them food, called 911 something…she didn’t want to help them!)

Graupmann testified a case aide went to Payne’s house on Feb. 21, 2006. At that time, Gonzales was on the phone trying to get the electricity turned back on, but there was food in the refrigerator and the children appeared well.  (but with no electricity was the food even good???  Quite  lucky to be on the phone with the electric company when DSS shows up…don’t you think?)

The aide gave Payne contact information for the Department of Economic Security and the Arizona Health Care Cost Containment System, but Payne said he didn’t need food-bank assistance, Graupmann said.

As far as she knows, Payne never called CPS after March 9, 2006 – not to report that the children were starving themselves or soiling themselves and not to report they were acting out or eating their own feces, Graupmann said.

Payne told detectives he did exactly that but received no help.

Hallam sued CPS over Graupmann’s and Tarpley’s actions, but agreed to settle her lawsuit for $1 million in June 2008. Her lawsuit against the Tucson Police Department is still pending.

Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com

All content copyright © 1999-2009 AzStarNet, Arizona Daily Star and its wire services and suppliers and may not be republished without permission. All rights reserved. Any copying, redistribution, or retransmission of any of the contents of this service without the expressed written consent of Arizona Daily Star or AzStarNet is prohibited.

Drama continues in Chris Payne trial:

CPS Supervisor Tarpley Testifies “I don’t care. Why should I care.”

http://www.kvoa. com/global/ story.asp? s=9999610

March 2009

Drama continues in Chris Payne trial

Testimony continues in the trial of Chris Payne, accused of starving, abusing and murdering his two children Ariana and Tyler.

Today in the courtroom, attorneys took jurors back to 2006 and a dispute over which parent had custody of Ariana and Tyler Payne.

Chris Payne says CPS told him he had custody because the agency was investigating the children’s mother Jamie Hallam.

But Hallam says CPS told her she had custody because the agency investigated her, cleared her and closed its case.

Ultimately the kids stayed with Payne, who is accused of murdering them.

Prosecutor Sue Eazer asked former CPS Supervisor Christy Tarpley what happened.

Tarpley says, “I don’t recall it. So you’re asking me to testify about stuff I don’t remember. I didn’t look at any of this. I don’t really care. And that’s the bottomline.” (To me this statement proves that she does not really care about these children.  She has shown a total disregard for their deaths and should be prosecuted for her role in it.  It takes a cold hearted bitch, not to care enough about the deaths of innocent children to read the  case file, maybe she can’t handle the guilt, because in my opinion she is just as guilty as the father and stepmom in this case and should be on trial for murder!!!!)

Tarpley told jurors she’d been in her CPS supervisory job just one day when Ariana and Tyler’s custody became an issue. She denies telling police to leave the kids with their dad.

Tonight Tarpley emailed KVOA about her comment insisting we’d taken it out of context. She wrote, “I never said I did not care about the children. I said I did not care to read the case notes.” (If she cared about the children and what had happened to them, she would have read the case notes…)

Prosecutor Eazer asked Tarpley, “Did anyone from CPS to your knowledge ever go out and check on those kids with Christopher Payne?” Tarpley answered, “I don’t even know.” (what a great supervisor!)

Jamie Hallam’s former CPS caseworker Cindy Graupmann also took the stand briefly.

Prosecutor Eazer protested she’s been commenting on the Tucson Citizen Newspaper’s website throughout the trial, allegedly releasing confidential CPS information.

Eazer says, “She comes into this court with tremendous bias. The fact is she has been signing on and saying these awful things about Miss Hallam and her family.”

Exerpts from two of Cindy Graupmann’s alleged comments state, “The saddest part is that Jamie Hallam is responsible just as much as Christopher Payne.”

“She was using meth. Those children would be alive if she hadn’t chosen to get high.”

Jamie Hallam eventually sued and received a million dollar settlement from CPS over its handling of her children’s case.

Chris Payne’s murder case resumes tomorrow. It could go to the jury early next week.

Arrest these “social workers and charge them with the crimes that they committed in this case! 

CPS WORKER SAW NO NEGLECT, DRUG ABUSE ON MOTHER’S PART

http://www.tucsoncitizen.com/ss/fromcomments/112105.php

Defense testimony about Arizona Child Protective Services’ role in the fate of the Payne children seemed to help the state more than the defense by showing that their mother appeared to be a better parent.

Defense attorneys for Christopher Mathew Payne called former CPS caseworker Cindy Graupmann to the stand Friday to discuss the situation that led to reforms in the state’s child welfare agency.

Payne is accused of abusing Ariana, 3, and Tyler Payne, 4, starving them to death and hiding their bodies in a storage unit. If convicted of first-degree murder, he could face the death penalty.

Payne has claimed that he kept the children, despite a court order that banned him from being with them, for their safety because their mother, Jamie Hallam, was abusing drugs and neglecting them.

Graupmann, who retired in September, testified she was assigned to investigate a neglect claim against Hallam in October 2005.

Graupmann testified that she saw Ariana and Tyler twice over a five-month span and they appeared to be healthy and well cared for.

In February 2006, despite no evidence that Hallam was using drugs or neglecting the children, Graupmann advised Payne to keep the children.

The defense also called a nurse practitioner who saw Ariana twice in 2004. The girl was behind on her immunizations and underweight after a bout with a lung infection, but otherwise OK, according to testimony.

After those witnesses, the defense rested.

Prosecutors called Richard Barcalow of Catalina, Hallam’s stepfather, as a rebuttal witness.

Barcalow said Hallam was a good mother and that the children were well-fed, well-clothed, playful and healthy in her care.

After the jury was dismissed for the weekend, defense attorneys asked Pima County Superior Court Judge Richard S. Fields to rule that the state hadn’t proved its case against Payne for first-degree murder, child abuse and concealment or abandonment of a body.

“The evidence is that Reina Gonzales (Payne’s live-in girlfriend) had the children during the day and was not feeding them,” Assistant Public Defender Rebecca McLean said. “She, in fact, caused the death of the Payne children.”

“It was his decision to keep them in the closet,” Deputy County Attorney Susan Eazer argued. “He watched them as they slowly starved to death. He did not get help. They were abused, emaciated and dying. In his own words, he feared he would get in trouble (if he sought help for them).

“It was his conscious decision to allow them to die.”

Fields denied the motion.

“There is ample evidence that the defendant knew that his failure to feed, provide water or provide medical care or other care for the children” could have caused their deaths or serious physical injury, Fields ruled.

“There was testimony that these conditions such as dehydration and starvation are reversible medical situations,” Fields said.

Jurors will return Monday for final instructions and closing arguments.

- On Wed, 2/18/09, Lanier Cansler

<Lanier.Cansler@ncmail.net> wrote:

From: Lanier Cansler <Lanier.Cansler@ncmail.net>

Subject: Re: Fw: Child Protective Services, your help needed

To: “Lawdoll

Date: Wednesday, February 18, 2009, 5:36 PM

Dear Ms. Name Removed:

I appreciate your concerns and issues you have raised concerning your dealings with the Wilkes County DSS. I hope you understand that in North Carolina the State does not control the actions of any local Departments of Social Services or Public Health including their employment actions or most other decisions made at the local level.

These local Departments of Social Services are not under the management of the State. While the State has some oversight responsibilities with respect to certain funding and some state and federal requirements, I do not have the authority to mandate or override decisions that are made in those local offices.

Accordingly, the issues you have raised concerning decisions made by the Wilkes County Department of Social Services are not within my authority per my counsel. The issue of authority over local DSS offices has been raised numerous times before by legislators and others concerning various constituent complaints, and in my experience the results have been consistent that the management and operations of local DSS offices are the under county authority.

Unless the laws are changed by the Legislature to increase State authority over local DSS departments, the Department can only advise with respect to issues such as yours. While I understand this is not the response you desire, I hope you understand the limitations.

I am sorry that I cannot be of help in finding suitable solutions to your issues.

Please do not hesitate to contact me with any questions or if issues arise that are a matter of State control.

Lanier Cansler

 

Re: Fw: Child Protective Services, your help needed

Friday, February 20, 2009 1:24 PM

From: Lawdoll

To: “Lanier Cansler” <Lanier.Cansler@ncmail.net>

Message contains attachments

county dss agent of DHHS.pdf (46KB)

 

Dear Mr. Cansler:

I have received your latest email and I must say that I am absolutely shocked that you would write that you have no control over county offices, ” I hope you understand that in North Carolina the State does not control the actions of any local Departments of Social Services or Public Health including their employment actions or most other decisions made at the local level.”

I beg to differ, the North Carolina Department of Health and Human Services Secretary, that would be you, is responsible for the actions of the County Director, the County Department and it’s employees and their decisions fall directly under your control. According to the North Carolina General Statutes 108A, and the North Carolina Courts, “there is a principal-agent relationship between DHHS and the DSS of individual counties.”Please see, “In the Matter of Z.D.H.,184 NC App 183 (o6-945 June 19, 2007″ Attached to this e-mail.)

And as such the courts have held that, “It is axiomatic that the principal controls the agent. See State v. Weaver, 359 N.C. 246, 258, 607 S.E.2d 599, 606 (2005) (“Two essential elements of an agency relationship are: (1) the authority of the agent to act on behalf of the principal, and (2) the principal’s control over the agent.”). The nature of the relationship would be destroyed if the agent were capable of acting on the principal’s behalf without being subject to the principal’s authority and direction. In the present case, DHHS is the principal to both DSS divisions. Each county’s DSS must act as instructed by their principal;…” (Please see, “In the Matter of Z.D.H.,184 NC App 183 (o6-945 June 19, 2007))

Second, I will address this comment from your e-mail, ” I do not have the authority to mandate or override decisions that are made in those local offices. Accordingly, the issues you have raised concerning decisions made by the Wilkes County Department of Social Services are not within my authority per my counsel. ” I would have to disagree, I am well aware of exactly what your authority is in this matter because the North Carolina courts have held that….

“1) there is a principal-agent relationship between DHHS and the DSS of individual counties; (2) the director of each county’s DSS is required, as part of its duties and responsibilities under N.C.G.S. § 108A-14, to act as agent of the Social Services Commission and DHHS in the county; and (3) the nature of the relationship would be destroyed if the agent were capable of acting on the principal’s behalf without being subject to the principal’s authority and direction.”184 NC App 183 (06-945 June 19, 2007)”

The Honorable Court in the same case also stated…

“[b]ased on the plain language of our statutory law governing social services and the provision of child protective services, the Department of Human Resources has substantial and official control over the provision of child protective services and designates the county director as the person responsible for carrying out the policies formulated by the Department, through the Social Services Commission and the Division of Social Services. “Thus, in practice, as well as in name, the role of the County Director in the delivery of [child protective] services is that of an agent. Like the agent, the County Director acts on behalf of the Department of HumanResources and is subject to its control with respect to the actions he takes on its behalf.” “184 NC App 183 (06-945 June 19, 2007)”

So yes, “The North Carolina Department of Social Service or North Carolina Department of Health and Human Services does have the “authority to change the county’s decision or in any way instruct them to do so, you can even withhold funding if they fail to follow policies or provide protective services.”

What the Wilkes County Department of Social Services did to us is not only unethical, but illegal and a direct violation of the policies and state statutes that are in place. They substantiated against us, with a trumped up charged that does even meet the criteria for abuse in this state or any other for that matter, “parents inability to get along” Which was an outright lie, told by them so they could have something to use against us to shut us up, and discredit our valid complaints against them.

I videotaped the custody exchanges and recorded the phone calls between us and the mother, and I can tell you right now, that never once did we yell at her, cuss at her, or anything like that…so I can prove this is a lie. The only thing I ever did was call her and leave a message on the machine about two dental appointments and while I may not have been the nicest person in the world, I did not cuss or raise my voice, nor is there any indication that the child ever heard those messages! So that is not child abuse or neglect in any way, shape, or form!

Not only did they lie, they failed to follow statutory law requirements for investigating the report of abuse that we had made and when they were busted on that, they forged documents to make it appear that they had not broken the law. They constantly broke laws and policies in this case, from releasing our names as the reporters, lying to the judge, falsifying safety assessments, risk assessments, failing to investigate valid reports of abuse, notifying us at first contact that a report had been made against us…the list goes on.

According to Statutory law and case law, it is your responsibility to correct what they have done to us. You do have the power to remove the substantiation against us, you do have the power to discipline employees, you are duty bound to correct this malicious prosecution perpetrated on us by them.

I have spent years trying to receive justice for the wrongs that have been done to us. Granting that justice is well within your power and control, please do not allow this injustice to continue, remove the unlawful and unfounded substantiation from us and correct the illegal and ethical wrongs that have been done to us.

To ignore this complaint and the evidence that I have presented to you is not just an injustice to us, but a scar upon the very purpose of your department.

Sincerely,

Lawdoll

 

 

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_108A.html

§ 108A‑1.  Creation.

Every county shall have a board of social services or a consolidated human services board created pursuant to G.S. 153A‑77(b) which shall establish county policies for the programs established by this Chapter in conformity with the rules and regulations of the Social Services Commission and under the supervision of the Department of Health and Human Services.

§ 108A‑14.  Duties and responsibilities.

(a)       The director of social services shall have the following duties and responsibilities:

(1)       To serve as executive officer of the board of social services and act as its secretary;

(2)       To appoint necessary personnel of the county department of social services in accordance with the merit system rules of the State Personnel Commission;

(3)       To administer the programs of public assistance and social services established by this Chapter under pertinent rules and regulations;

(4)       To administer funds provided by the board of commissioners for the care of indigent persons in the county under policies approved by the county board of social services;

(5)       To act as agent of the Social Services Commission and Department of Health and Human Services in relation to work required by the Social Services Commission and Department of Health and Human Services in the county;

§ 108A‑71.  Authorization of social services programs.

The Department is hereby authorized to accept all grants‑in‑aid available for programs of social services under the Social Security Act, other federal laws or regulations, State appropriations and other non‑federal sources.  The Department is designated as the single State agency responsible for administering or supervising the administration of such programs.  It is the intent of this Article that programs of social services be administered so that the State and its citizens may benefit fully from any grants‑in‑aid. (1981, c. 275, s. 1.)

 

 

§ 108A‑74.  County department failure to provide services; State intervention in or control of service delivery.

(a)       Notwithstanding any other provision of law to the contrary, the Secretary of Health and Human Services may take action in accordance with this section to ensure the delivery of child welfare services in accordance with State laws and applicable rules. As used in this section, the terms:

(1)       “County department of social services” also means the consolidated human services agency, whichever applies;

(2)       “County director of social services” also means the human services director, whichever applies; and

(3)       “County board of social services” also means the consolidated human services board, whichever applies.

(b)       If the Secretary of Health and Human Services determines that a county department of social services is not providing child protective services, foster care services, or adoption services in accordance with State law and with applicable rules adopted by the Social Services Commission, or fails to demonstrate reasonable efforts to do so, then the Secretary, after providing written notification of intent to the county director of social services, to the chair of the county board of commissioners, and to the chair of the county board of social services, and after providing them with an opportunity to be heard, may intervene in the particular service or services in question. Intervention includes, but is not limited to, the following activities:

(1)       Sending staff of the Department of Health and Human Services to the county department of social services to provide technical assistance and to monitor the services being provided;

(2)       Establishing a corrective plan of action to correct inappropriate policies and procedures; and

(3)       Advising county personnel as to appropriate policies and procedures.

If within 60 days of completion of the intervention activities, the Secretary finds that the county department of social services is not providing in accordance with State laws and applicable rules the particular service or services for which intervention was initiated, or has not demonstrated reasonable efforts to do so, the Secretary shall withhold State and federal child welfare services administrative funds until the particular service or services are provided in accordance with State laws and applicable rules.

(c)       If the Secretary determines that a county department of social services is not providing child protective, foster care, or adoption services in accordance with State law and with applicable rules adopted by the Social Services Commission, or fails to demonstrate reasonable efforts to do so, and the failure to provide the services poses a substantial threat to the safety and welfare of children in the county who receive or are eligible to receive the services, then the Secretary, after providing written notification of intent to the chair of the county board of commissioners, to the chair of the county board of social services, and to the county director of social services, and after providing them with an opportunity to be heard, shall withhold funding for the particular service or services in question and shall ensure the provision of these services through contracts with public or private agencies or by direct operation by the Department of Health and Human Services.

(d)       In the event that the Secretary assumes control of service delivery pursuant to subsection (c) of this section, the county director of social services shall be divested of all service delivery powers conferred upon the director by G.S. 108A‑14 and other applicable State law as the powers pertain to the services in question. Upon assumption of control of service delivery, the Secretary may assign any of the powers and duties of the county director of social services to the Director of the Division of Social Services of the Department of Health and Human Services or to a contractor as the Secretary deems necessary and appropriate to continue the provision of the services in the county.

(e)       In the event the Secretary takes action under this section, the Department of Health and Human Services shall, in conjunction with the county board of commissioners, the county board of social services, and the county director of social services develop and implement a corrective plan of action. The Department of Health and Human Services shall also keep the chair of the county board of commissioners, the chair of the county board of social services, and the county director of social services informed of any ongoing concerns or problems with the delivery of the services in question.

(f)        Upon the Secretary taking action pursuant to subsection (c) of this section, county funding of the services in question shall continue and at no time during the period of time that the Secretary is taking action shall a county withdraw funds previously obligated or appropriated for the services. Upon the Secretary’s assumption of the control of service delivery, the county shall also pay the nonfederal share of any additional cost that may be incurred to operate the services in question at the level necessary to comply fully with State law and Social Services Commission rules.

(g)       During the period of time that the Secretary is taking action pursuant to subsection (c) of this section, the Department of Health and Human Services shall work with the county board of commissioners, the county board of social services, and the county director of social services, to enable service delivery to be returned to the county if and when the Secretary has determined that services can be provided by the county in accordance with State law and applicable rules. (1997‑390, s. 10; 1997‑443, s. 11A.118(a).)

LANIER CANSLER, DENIES CONTROL OVER COUNTY DSS OFFICES

The following is my email correspondence with the North Carolina Department of Health and Human Services Secretary, Lanier Cansler.  As you can see I contacted him the first day he went to work, sent him the entire story as well as the documents I have posted on this blog.  I asked him to do something about the Wilkes County Department of Social Services.

In his last email to me, Lanier Cansler tries to tell me that he has no control over the actions, decision, or behavior of county offices.  I replied by sending him the General Statutes and case law that state, clearly that he is the principle and the county office is the agent and that in his position he has complete control over the county office.  I have not heard from him since.  Read on….

– On Mon, 1/12/09, Lawdoll wrote:

From: Lawdoll

Subject: Fw: Child Protective Services, your help needed

To: Lanier.Cansler@ncmail.net, Betty.Harrison@ncmail.net

Cc: “Deric (HHS) Gilliard” <deric.gilliard@hhs.gov>, “Ruth Walker” <ruth.walker@acf.hhs.gov>, “Carlis Williams” <carlis.williams@acf.hhs.gov>, “Mike Easley” <gov.office@ncmail.net>, governor@ncmail.net, ltgovernor@ncmail.net, mike.leavitt_g06@hhs.gov

Date: Monday, January 12, 2009, 2:04 PM

Dear Mr. Cansler:

It is my understanding that you are the new Director of The North Carolina Department and Health and Human Services. I sincerely hope you are a better director then Mr. Benton, who I have contacted on several occasions with documented proof of forged documents, Statutory Law violations, welfare policy violations committed against us by the Wilkes County Department of Social Services, only to never receive any kind of a response from him.

I know that you are new and I am sure that some of the people in your office will tell you that what I am saying isn’t the truth, but I can assure you it is and some of your employees helped cover it up.

I am asking you to view the documents that I have sent you, I suggest starting with the revised complaint against WCDSS, then view the forged signature and the actual signature on the safety assessments done by Allison Baker, who has by the way, been arrested and is awaiting trial for Felony Obstruction of Justice in regards to our case.

I have had to send all of this documentation in two installments, I ask that you read all of them, at the bottom of the second email is a description of all the documents attached, read them all, contact and speak with me because I also have recorded phone conversations that verify my complaint.

Then I ask that you conduct a full investigation into the Wilkes County Department of Social Services and their handling of not only our case, but of several others I can tell you about.

What I want: I would like the substantiation removed from me and my husband, Name Removed as well as Names Removed and Name Removed, because it is my belief we were substantiated against to discredit our complaints against them. We did not do anything that even remotely resembled child abuse of neglect. The reason they said they substantiated against us was due to parents inability to get along, we did everything in our power to get along with The mother and I can prove this by recorded telephone conversations and video of the pick up and drop offs.

Furthermore, their claim does not fit statutory guidelines for neglect and if parents inability to get along was actual abuse you would have to substantiate against everyone at some point.

Mr. Cansler, we have been maliciously persecuted by the Wilkes County Department of Social Services. What has been done to us is a travesty of justice, and not only unethical, but illegal. When CPS acts like this children die, this cannot be allowed to continue.

Please read my complaint, view my documentation and then do something to fix what has been done to us. We are not child abusers, we were trying to protect two little girls and when we made our report and WCDSS failed in their statutory duties we complained and they punished us for it.

When we went to the regional level NCDSS stated that they had spoken with us and The other father and stepmom and viewed our evidence, this was a lie. They never spoke with us or viewed our evidence, someone spoke with me by phone before I contacted Atlanta, but never did anything like they stated to ACF. And no one from NCDSS ever spoke with The other dad and stepmom!

You are viewed as the principle in a principle, agent relationship with WCDSS, you have the power to rectify this situation, I am asking that you do so.

I can be reached at Number Removed

Sincerely,


Lawdoll

 

— On Mon, 1/12/09, Lawdoll
wrote: 

 From: Lawdoll

Subject: Fw: More Documentation and A Description of Each File I sent You

To: Lanier.Cansler@ncmail.net, Betty.Harrison@ncmail.net

Cc: “Deric (HHS) Gilliard” <deric.gilliard@hhs.gov>, “Ruth Walker” <ruth.walker@acf.hhs.gov>, “Carlis Williams” <carlis.williams@acf.hhs.gov>, “Mike Easley” <gov.office@ncmail.net>, governor@ncmail.net, ltgovernor@ncmail.net, mike.leavitt_g06@hhs.gov

Date: Monday, January 12, 2009, 2:18 PM

Dear Mr. Cansler:

This is the rest of the documents, I am sorry about the information overload, but I find it is the only way to get our story out there. You have to see it to believe it. I have also pasted a description of each document that I have sent you in this e-mail.

I have some e-mails from various government officials too, if you would like to see them.

Thank you for taking the time to read all of this. The description of Documents follows my signature.

Sincerely,

Lawdoll

DESCRIPTION OF DOCUMENTS

FORGED SIGNATURE

This is not my husband’s signature, whats more this assessment never even occurred. Allison Baker did not begin investigating us until October 25, 2006 as proven by recorded phone calls between myself and her. Two days, I might add, after I called Raleigh and complained about DSS handling of our report of child abuse

ACTUAL SIGNATURE

My husbands actual signature

FIRST LETTER FROM THE DENTIST

This is the letter the dentist wrote about how bad, Child’s name removed teeth were.

TEETH

This is picture of my stepdaughters teeth. My husband told her mother about these cavities December 17, 2005 and the mother allowed Child’s Name Removed to live in pain for the next 6 months. She would not take her to the dentist, she told my husband if he tried to pick his daughter up from school and took her to the dentist that she would have him arrested, because it was not his custody time. In order to get this little girl to the dentist we had to file for emergency custody, the mother had sent her out of the state in violation of the custody order during his two weeks in June visitation. As soon as we got Child’s name removed, we took her to the dentist. Her teeth were so infected that she had to be put on antibiotic’s and a week later had to have these two teeth extracted.

NOTARIZED STATEMENT FROM THE DENTIST

This is the notarized statement that the dentist wrote to tell the judge and DSS just how bad Child’s name removed teeth were. I think it is plain from the tone of this statement that he felt Child’s name removed had been neglected. The missed appointment that I had to cancel was one that I had made and her mother refused to take her to, stating that she had scheduled her an appointment with her “usual dentist”, whom Child’s name removed had not seen in three years. Child’s name removed appointment with her “usual dentist” was cancelled several times, until we pushed the issue.

LETTER CLOSING THE CASE FROM WILKES COUNTY

If you read this letter it includes the statement by the SW for us to continue to monitor Child’s name removed care from her mother. Now, why, if the mother is doing what she is supposed to do to take care of her child, do we need to continue to monitor her care from her mother? The day they closed the case I made a report because Child’s name removed had bruises around her upper arm that looked like someone had grabbed her by the arm. The therapist that we were taking her to saw these bruises and felt that they were suspicious as well but that they weren’t fresh enough for him to make a report…They screened this report out because I didn’t state who had abused her…another stupid reason for screening out a report.

LETTER FROM SURRY COUNTY DSS CLOSING THE CASE

This is the letter from Surry County DSS that not only proves when the in home services agreement was made but also directly contradicts the letter to the Judge and their findings that we were not complying with them.

LETTER TO THE JUDGE page 1

This letter is nothing but lies and is nothing like what the SW told me in a recorded phone call that she was going to write. We did everything they ever asked us to do, while they had to fight with the mother every step of the way. We did not fight with the mother, but would call her on it when she was not fulfilling her duties as Child’s name removed and her sisters mother. The mother would lie to DSS, still would not let them come to her home or let them see the girls.

LETTER TO THE JUDGE page 2

I love the first paragraph on this page, tell me if you break a child’s arm and it heals without permanent damage is it no longer abuse? If you don’t take your child to the dentist and leave her with a toothache for over 6 month, does it stop being neglect, because those teeth are pulled? No it is still abuse, the physical ailment may have healed but that doesn’t take away the neglect.

REPORT NOT ACCEPTED

This is the reason that they gave for not accepting the report that I made about the bruises on Child’s name removed. “The child is not stating that anything adverse has happened to her.” Since when does a child have to state that they are being abused for an investigation to be done. Children do not always disclose and the thing that always got me about this was the fact that they had not talked to the child at all.

MENTAL HEALTH EVALUATION CONSENT FORM

If you look at this document you will see that the consent from the parents was received through intimidation and coerision. The parents were led to believe that they had no choice but to sign this document because they believed that it had been order by the County Director.

IN HOME FAMILY SERVICES AGREEMENT PAGES 1 THROUGH 6

Please note that the criteria on the Family Services Agreement is supposed to come from the Strengths and Needs Assessment. These don’t.

The second page, first they are saying that Name removed is to get medical and dental insurance on Child’s name removed, so that inability to pay will not be an excuse not to receive treatment. This is wrong for the following reason:

1. Father had insurance on Child’s name removed when her mother neglected to take her to the dentist before.
2. Father lost said insurance coverage and his job, because of DSS. Their failure to investigate this case in a timely manner, causing numerous postponements in the court case and their missed appointments were the reason he lost his job and the insurance coverage.
3. The child was covered under medicaid on this date.
4. This is not a DSS matter, this is a child support issue and the father was well within the order of the court, which states, “when insurance is made avalible through the employer.” It had not been made avalible through his employer, because the father had just started a new job because DSS made him loose the other one.
5. This is not abuse, what the mother did when she would not take the girls to the dentist even though they had insurance and medicaid, that is abuse.

Page 3 In Home Family Service Agreement

Exchanges between the parents be as amicable as possible. They always had been and I have a years worth of video proving it. When the mother would yell and cuss at us we would walk away, we would not comment or we would say thank you.

DSS was well aware that there was not arguing occurring at the exchanges, because they had seen some of the video’s and made inappropriate comments about the parents acting like robots, and not acting human. So which is it DSS?
Also on page 3 note that the father is to attend all sessions for counseling that Mother and Father provide for the child. Follow the recommendations of the counselor. 3 sessions? That was all they wanted, what good does that do? Plus their own Strengths and Needs state that the child has minumal problems, what child doesn’t.

Page 4 In Home Family Services Agreement

The threat of Foster Care….
Under the section of what it will take for the case to close, the only thing listed is that at least 3 counseling sessions be met. Then they closed this case before those sessions were met, saying that the order had come down to close the case, that they did not care if the counseling was completed or not.

Page 6 In Home Family Services Agreement

This is what I thought then and it is still what I think now, with one exception, after the lies that Linda Brooks told I now believe her to be just as guilty as the rest.
That concludes the In Home Family Services Agreement…tell me where is the abuse?

COMPLAINT AGAINST WILKES COUNTY DEPARTMENT OF SOCIAL SEVICES

This lays out our entire complaint

RISK ASSESSMENT page 1

Read this carefully and look at what they used to keep the case open, this is not child abuse or neglect in anyway shape or form. They mark a one on lines R8 and R9 saying that we weren’t complying with the in home services agreement, on this date, there was no in home services agreement. So exactly how were we failing to comply with something that did not exist? If you read the letter from Surry County DSS, it directly contradicts these findings stating that we complied with everything DSS ever told us to do and then it lists the date the in home services agreement was created.

Furthermore, when one was created all it said on it was for my husband to get dental insurance on Child’s name removed and that the pick up and drops off should go smoothly without any arguments.

My husband had dental insurance on Child’s name removed when her mother wouldn’t take her to the dentist before and had kept coverage on her for years. We lost the insurance when he lost his job, due to DSS’s failure to investigate our report in a timely manner. Because they did not do their job, the civil action we had filed kept being postponed awaiting their findings, my husband had to keep asking for days off to be in court. Then DSS missed the appointment with the psychologist and it had to be postponed, so he had to ask for another day, which resulted in him being let go because he missed too much work. I guess what really gets me is they acted like the mother couldn’t take Child’s name removed to the dentist if he didn’t have insurance, but she had her on medicaid the entire time.

RISK ASSESSMENT page 1

Look at our score on this risk assessment, it is in the low box, and if you take off the boxes that they marked on the first page because it wasn’t true, then our actual score would have been a one. They knew they had nothing on us to substantiate against us for, they knew they had no reason for leaving this case open…so they made something up. Even with the score they gave us, they still had to do an override, because according to their own paper work, if the score is that low they are supposed to not substantiate or keep the case open, so they lied about us not complying with the case plan in order to leave the case open.

RISK ASSESSMENT SECOND page 1

Pay attention to R8 and R9, now it says that we are complying and the only thing we receive a point on is my husband’s age…yet they still override this low score by stating that we are not complying with the cft of 9-11-07 there was no In Home Services Agreement on this date. Furthermore they state in this that we are “Succesfully completed all programs recommended or actively participation in programs; pursuing objectives detailed in service agreement.”

RISK ASSESSMENT SECOND page 2

Discretionary Override: This is a complete lie, by their own admission on this document.

RISK ASSESSMENT THIRD page 1 and 2

This says the same thing as the previous Risk Assessment, but note that the Discretionary Override is missing. So why did they override it before and not now. They never had a case against us, we never committed any kind of abuse. They did all of this to discredit our valid complaints against them, because in their minds they felt that if they made us into child abusers, no one would listen to our complaints.

STRENGTHS AND NEEDS ASSESSMENT page 1

Good parenting skills, then why are you bothering us???

STRENGTHS AND NEEDS ASSESSMENT page 2

Look at the strengths, now look at the needs

Minor child Characteristics…What child doesn’t but of course she has minor characteristic’s her mother had been married 3 times in four years and was constantly bring men in and out of the children’s lives introducing them to the children as this is you “new daddy”. Furthermore, the mother was mentally ill. Which I might point out we were not.

Underemployed…Only because my husband lost his job because of them.

Caregiver Neglected as a child…Yes I was abused and neglect, but by their own hand I have good parenting skills. I was abused as a child…I am 38 now. Tell me what this has to do with anything?

Childs needs;

Tutoring: Well she lives with her mother fulltime, that falls on her shoulders although before DSS involvement we had already been going to the school and picking up her school work and making her make up on our every other weekend visits.

Speech problem: Again we had already contacted the school before DSS involvement about child’s name removed speech and were told by them that she did not need therapy.

Not seeing Counselor: My husband and I had been trying to get Child’s name removed to a counselor for years before DSS involvement, the mother would not let her go and it is hard to find someone to take her on the weekend.

STRENGTHS AND NEEDS SECOND ASSESSMENT pages 1 and 2

This says the same thing as the First, it still states that we have good parenting skills, so why are they bothering us?

STRENGTHS AND NEEDS THIRD ASSESSMENT pages 1 and 2

This says the same thing as the First, except now I guess the jobs we had were good enough, it still states that we have good parenting skills, so why are they bothering us?

PETITION FILED BY DSS TO GET THE MOTHER TO COMPLY page 1

This is the petition that DSS filed the same day, just mere hours, after I called them and asked them why they had done nothing about the mothers failure to attend and take Child’s name removed and her sister to the psychologist for the evaluation. They dismissed this petition, because after they filed it she took the girls and herself.

PETITION FILED BY DSS TO GET THE MOTHER TO COMPLY page 2

If you read this page, it basically tells you that we have done what we were supposed to, while the mother had not. She would not even set up times so the SW could check on the girls, yet they dismissed the petition. The other thing I found funny was that they went after her for failing to take the girl’s to the mental health evaluation, but would not do anything about her not taking them to the dentist. As a matter of fact, child’s name removed sisters teeth were not fixed until her last appointment with the psychologist, almost a year after they received their report.

SECOND REPORT NOT ACCEPTED

This is another report that I made because Child’s name removed had bruises on her upper right arm that looked as if someone grabbed her. The psychologist say these bruises too and felt they were suspecious, but did not report them because he was unsure of what caused them. He did state he would be watching Child’s name removed more closely in the future. Look at why they screened this one out….

LETTER FROM DSS ATTORNEY MR. FREEMAN

In my view this is a very intimidating letter sent to try and shut me up. I am asking for more documentation because I feel that their are more forgeries and falsified documents in the file. I believe they do not want me to have them because there are more forgeries and falsified documents in the file. I love how he states that the case is closed. Closed or not it does not excuse their behavior in this case, nor does it end their liability.

JUDGE BYRD’S ORDER DATED NOVEMBER 20, 2006 pages 1 and 2

If you notice in this order Judge Byrd orders DSS to submit a written report of all findings, this was in November of 06. They did not submit their findings to him until May 08, and then it is not even the truth but lies. All Judge Byrd received from them was the psychologist report that was full of BS and this letter that was also full of BS. Just how long do you think you have to comply with a Judges order?

Note the first paragraph on the second page, so does this mean if you break your child’s arm and there is no permenant damage that it is not abuse?

SECOND LETTER FROM DSS ATTORNEY MR. FREEMAN

Again with the intimidation.

ALLISON S. BAKERS CRIMINAL BACKGROUND SEARCH Pages 3 and 4

This is the background check I had done on Allison S. Baker, the original Social Worker, at the Wilkes County Courthouse, May 15, 2007. As you can see Mrs. Baker has been charged with 8 Counts of Forgery, Obtain Control Substance by Fraud/Forgery. These Charges were knocked down to misdemeanor, possession of a controlled substance to which she was sentenced to probation and community service and when she complied with that they did what is known as a 90 96 Review and dismissed the charges. The point remains, someone who has been charged like this should not be working for Social Services where they remove children from the home for substance abuse by the parents.

INITIAL CASE PLAN, DON’T KNOW WHAT THIS IS

Nikki Hull brought this to our house when she came August 20, 2007. Even she said that this stuff made no sense as DSS is not supposed to involve themselves in custody issues. Nothing on this was ever set up or scheduled by DSS. Now if this is what they are talking about in the Risk Assessments they are responsible for setting this stuff up and they never did. In fact we were told that they decided not to use this. But I fail to see how this could be what they are talking about, due to the date that they mention on the risk assessments, on those the date is September 11, 2007

 

 From: Lawdoll 

 To: Lanier.Cansler@ncmail.net, Betty.Harrison@ncmail.net

Cc: “Deric (HHS) Gilliard” <deric.gilliard@hhs.gov>, “Ruth Walker” <ruth.walker@acf.hhs.gov>, “Carlis Williams” <carlis.williams@acf.hhs.gov>, governor@ncmail.net, mike.leavitt_g06@hhs.gov

Message contains attachments

Monday, January 26, 2009 1:01 PM

Forged safety assessment page 2.jpg (243KB), Only safety asessement Allison Baker ever diid with real siganature page 2.jpg (137KB), Letter from dentist 43k.jpg (83KB), Child’s teeth 55k close up.jpg (26KB), Notarized letter from dentist. 60.k.jpg (121KB), Closing Letter Linda BrooksWeb.jpg (92KB), letter from Nikki HullWeb.jpg (138KB), Letter to judge.jpg (242KB), Letter to judge pg 2.jpg (157KB), report not accepted for stupid reasons.jpg (127KB), Evaluation consent.jpg (215KB), In Home Family Services Agreement Web page1.jpg (110KB), In Home Family Services Agreement Web page 2.jpg (116KB), In Home Family Services Agreement Web page 3.jpg (116KB), In Home Family Services Agreement Web page 4.jpg (88KB), In Home Family Services Agreement Web page 5.jpg (56KB), In Home Family Services Agreement Web page 6.jpg (123KB), In Home Family Services Agreement Web page 7.jpg (118KB), Revised complaint wcdss.rtf (57KB), Risk assessment 1st page 1 Web.jpg (151KB), risk assessment 1st page 2.jpg (92KB)

Dear Mr. Cansler:

I am resending this information and evidence to you with the original email below because it has been exactly two weeks since I contacted you and I have had no response from you. I am still asking that my complaint against the Wilkes County Department of Social Services be taken seriously, which up to this point I feel, it has not been.

Sir, I recently spoke with Detective Name removed at the Wilkesboro Police Department and he has informed me that Allison Baker’s worker daily report of services to clients form number DSS 4263, for the dates of the forged safety assessment does not have our name on it. Further proof that she did not do this safety assessment on us, furthermore there is no evidence of her doing a safety assessment or investigation of the report we made against the mother during that time either, which proves what I have been saying all along.

She did not investigate our report of abuse in the manner prescribed by law and she did not begin investigating us until after I called Raleigh, October 23, 2006 and complained about her law violations. Check the logs, I am sure they have been sent to the state, as they are supposed to be sent on a weekly basis.

Furthermore, because they are already at the state level Wilkes County can not doctor these documents before you view them and you can view them without Wilkes County even being aware that you are looking into this matter.

I would also like to point out that this basically proves the involvement of Mary Henderson in this forged document. These daily reports, according to your own policy, are to be turned into the supervisor on a weekly basis. If Mary Henderson had just signed a “safety assessment on us as the supervisor on August 18, 2006, (a Friday) why did she not notice that our names were not on the log that Allison Baker turned in?

Either Mrs. Henderson was a party to this forgery or she is incompetent in her duties and incapable of working for child protective services. I find the possibility either way disturbing.

Check the logs and investigate my complaint as it should be and you will see that I am telling you the truth and that my husband and I, as well as The other father and stepmom were unjustly substantiated against by the Wilkes County Department of Social Services.

The mother’s husband, was substantiated against and did not even know it, since his wife, Name removed, never informed him of any of the finds, or for that matter any of the meetings he was supposed to attend. At the very least I have shown enough of a reason for the substantiation against us to be removed.

You need to step into this matter and fix this, situations like ours should not be allowed to continue. Innocent people should not be treated in this manner, merely because they complain because CPS is not protecting children and handling investigations in the way they are required to by law.

There has to be some kind of accountability for the behavior of the Wilkes County Department of Social Services in this case. What they have done to us is wrong and you have the power to fix it.

I can still be reached at Number removed.

Sincerely,

Lawdoll

 

— On Tue, 1/27/09, Lanier Cansler <Lanier.Cansler@ncmail.net> wrote:

From: Lanier Cansler <Lanier.Cansler@ncmail.net>

Subject: Re: Fw: Child Protective Services, your help needed

To: Lawdoll

Date: Tuesday, January 27, 2009, 9:24 AM

Dear Ms. Name Removed:

Thank you for your email. I apologize for my delay in responding. I have been overwhelmed with emails, letters, and phone calls about a multitude of issues during my initial days here as Secretary of the Department of Health and Human Service, not to mention the challenges related to transition. It will be weeks before my schedule returns to anything considered normal. I am making an effort to respond to communications as quickly as possible.

I will check into the matter you have raised with respect to your case and the Wilkes County Department of Social Services as quickly as possible and be back in touch with you.

Lanier Cansler

 

 Re: Fw: Child Protective Services, your help needed

Tuesday, January 27, 2009 2:00 PM

From: Lawdoll

To: “Lanier Cansler” <Lanier.Cansler@ncmail.net>

Dear Mr. Cansler:

Thank you so much for your response, I am sorry if I seem pushy but I have been trying to get this matter investigated for a very long time with no luck. My complaint and documentation are very real and need to be investigate by someone one who will actually look at everything.

Unfortunately, people assume that since they are CPS they must be telling the truth, but I think my evidence proves without a doubt that they are not and that they retaliated against us for our complaints against them. Just because I am a civilian who was investigated by them, does not mean that I am a liar who deserved to be substantiated against.

We did nothing wrong but try to protect these two little girls who we knew were being abused by their mother. What would any other reasonable person do in that situation?

Just promise me that you will talk to me, my husband, The other father and stepmom and the mother’s husband and get our side of the story about what occurred. I will call Names of all parties removed, later today and get permission to give you their phone numbers. My husband Name Removed and I would like to meet with you one on one, so that you can view the actual evidence that I have and hear some of the tapes, because you need to be completely informed of what they did.

I do not know if she will talk to you or tell you the truth, but Phyllis Fulton is one of your employees at the NCDSS and she is aware of what they did in our case. In fact when I told her that they were asking the psychologist to determine whether my videotaping the bruises on Child’s name removed had any adverse effect on her, after they are the ones who told me to get pictures, Ms. Fulton made the comment, “they set you up.” So she might be someone for you to talk to.

Honestly, I have contacted the North Carolina Department of Health and Human Services repeatedly and sent them my evidence, only to be ignore time and again. I have some reservations about anything being done to fix this problem, because, frankly no one wants to listen or do anything about what they did to us. I guess, it is easier to just ignore the problem.

Quite a different scenario to what they expect their clients to do when they find them guilty of some wrong doing. It is CPS policy that parents have to admit what CPS feels that they have done and be accountable for those wrongs, yet when it comes down to CPS wrong doings, they are untouchable, you can’t even complain about them without being retaliated against, and no one will do anything about them.

They have all of this power, with no checks and balances to ensure that they are not abusing that power or failing to do their jobs. This attitude does not set a good example for their clients, nor does it protect children from abuse. Children are dying across this country because CPS/DSS is not doing their jobs in the matter prescribed by law. Children are dying because of the some of the very same behaviors by CPS that I prove in my complaint.

I appreciate you taking the time to look into my complaint, I only hope that you will actually listen and do something about what was done to us. There are many other people in Wilkes County with complaints. Right now there are 6 complaints about them on the Rip Off Report. I will paste a link to those complaint on this email, so if you want you can read them. People are afraid to speak out in Wilkes County, because when they do CPS takes their children to punish them for their complaints. I know that a lot of people are watching to see what you will do in your new position.

You have impressed me by your response, but I am afraid to get my hopes up, because every time I have believed that someone would actually listen they have let me down. I only hope you do the right thing, a lot of people need your help.

Sincerely,
Lawdoll

This is the links to the complaints on the Rip Off Report:

Links to the rip off reports removed by poster, if you wish to read these they are located in a story on this blog.

Re: Fw: Child Protective Services, your help needed

Monday, February 16, 2009 11:56 AM

From: Lawdoll

To: Lanier.Cansler@ncmail.net

Dear Mr. Cansler:

This is just a friendly reminder that I am still awaiting your response to my request. I have not heard from you in three weeks, and I am eagerly awaiting the chance to show you my evidence and talk to you. Anyone who has ever seen my evidence, heard the recorded phone calls and viewed the tapes all agrees that Wilkes County Department of Social Services wrongly persecuted us in this case, I know if you see them you too will agree that what they have done to us is wrong.

It is my hope that you will view the evidence and do what is right in this case: Remove the unlawful and bogus substantiation against us and hold Wilkes County DSS accountable for their lies, forged and falsified documents and their illegal, biased and unethical behavior.

Thank you,

Lawdoll

 — On Wed, 2/18/09, Lanier Cansler

<Lanier.Cansler@ncmail.net> wrote:

From: Lanier Cansler <Lanier.Cansler@ncmail.net>

Subject: Re: Fw: Child Protective Services, your help needed

To: “Lawdoll

Date: Wednesday, February 18, 2009, 5:36 PM

Dear Ms. Name Removed:

I appreciate your concerns and issues you have raised concerning your dealings with the Wilkes County DSS. I hope you understand that in North Carolina the State does not control the actions of any local Departments of Social Services or Public Health including their employment actions or most other decisions made at the local level.

These local Departments of Social Services are not under the management of the State. While the State has some oversight responsibilities with respect to certain funding and some state and federal requirements, I do not have the authority to mandate or override decisions that are made in those local offices.

Accordingly, the issues you have raised concerning decisions made by the Wilkes County Department of Social Services are not within my authority per my counsel. The issue of authority over local DSS offices has been raised numerous times before by legislators and others concerning various constituent complaints, and in my experience the results have been consistent that the management and operations of local DSS offices are the under county authority.

Unless the laws are changed by the Legislature to increase State authority over local DSS departments, the Department can only advise with respect to issues such as yours. While I understand this is not the response you desire, I hope you understand the limitations.

I am sorry that I cannot be of help in finding suitable solutions to your issues.

Please do not hesitate to contact me with any questions or if issues arise that are a matter of State control.

Lanier Cansler

Re: Fw: Child Protective Services, your help needed

Friday, February 20, 2009 1:24 PM

From: Lawdoll

To: “Lanier Cansler” <Lanier.Cansler@ncmail.net>

Message contains attachments

county dss agent of DHHS.pdf (46KB)

Dear Mr. Cansler:

I have received your latest email and I must say that I am absolutely shocked that you would write that you have no control over county offices, ” I hope you understand that in North Carolina the State does not control the actions of any local Departments of Social Services or Public Health including their employment actions or most other decisions made at the local level.”

I beg to differ, the North Carolina Department of Health and Human Services Secretary, that would be you, is responsible for the actions of the County Director, the County Department and it’s employees and their decisions fall directly under your control. According to the North Carolina General Statutes 108A, and the North Carolina Courts, “there is a principal-agent relationship between DHHS and the DSS of individual counties.”Please see, “In the Matter of Z.D.H.,184 NC App 183 (o6-945 June 19, 2007″ Attached to this e-mail.)

And as such the courts have held that, “It is axiomatic that the principal controls the agent. See State v. Weaver, 359 N.C. 246, 258, 607 S.E.2d 599, 606 (2005) (“Two essential elements of an agency relationship are: (1) the authority of the agent to act on behalf of the principal, and (2) the principal’s control over the agent.”). The nature of the relationship would be destroyed if the agent were capable of acting on the principal’s behalf without being subject to the principal’s authority and direction. In the present case, DHHS is the principal to both DSS divisions. Each county’s DSS must act as instructed by their principal;…” (Please see, “In the Matter of Z.D.H.,184 NC App 183 (o6-945 June 19, 2007))

Second, I will address this comment from your e-mail, ” I do not have the authority to mandate or override decisions that are made in those local offices. Accordingly, the issues you have raised concerning decisions made by the Wilkes County Department of Social Services are not within my authority per my counsel. “ I would have to disagree, I am well aware of exactly what your authority is in this matter because the North Carolina courts have held that….

“1) there is a principal-agent relationship between DHHS and the DSS of individual counties; (2) the director of each county’s DSS is required, as part of its duties and responsibilities under N.C.G.S. § 108A-14, to act as agent of the Social Services Commission and DHHS in the county; and (3) the nature of the relationship would be destroyed if the agent were capable of acting on the principal’s behalf without being subject to the principal’s authority and direction.”184 NC App 183 (06-945 June 19, 2007)”

The Honorable Court in the same case also stated…

“[b]ased on the plain language of our statutory law governing social services and the provision of child protective services, the Department of Human Resources has substantial and official control over the provision of child protective services and designates the county director as the person responsible for carrying out the policies formulated by the Department, through the Social Services Commission and the Division of Social Services. “Thus, in practice, as well as in name, the role of the County Director in the delivery of [child protective] services is that of an agent. Like the agent, the County Director acts on behalf of the Department of HumanResources and is subject to its control with respect to the actions he takes on its behalf.” “184 NC App 183 (06-945 June 19, 2007)”

So yes, “The North Carolina Department of Social Service or North Carolina Department of Health and Human Services does have the “authority to change the county’s decision or in any way instruct them to do so, you can even withhold funding if they fail to follow policies or provide protective services.”

What the Wilkes County Department of Social Services did to us is not only unethical, but illegal and a direct violation of the policies and state statutes that are in place. They substantiated against us, with a trumped up charged that does even meet the criteria for abuse in this state or any other for that matter, “parents inability to get along” Which was an outright lie, told by them so they could have something to use against us to shut us up, and discredit our valid complaints against them.

I videotaped the custody exchanges and recorded the phone calls between us and the mother, and I can tell you right now, that never once did we yell at her, cuss at her, or anything like that…so I can prove this is a lie. The only thing I ever did was call her and leave a message on the machine about two dental appointments and while I may not have been the nicest person in the world, I did not cuss or raise my voice, nor is there any indication that the child ever heard those messages! So that is not child abuse or neglect in any way, shape, or form!

Not only did they lie, they failed to follow statutory law requirements for investigating the report of abuse that we had made and when they were busted on that, they forged documents to make it appear that they had not broken the law. They constantly broke laws and policies in this case, from releasing our names as the reporters, lying to the judge, falsifying safety assessments, risk assessments, failing to investigate valid reports of abuse, notifying us at first contact that a report had been made against us…the list goes on.

According to Statutory law and case law, it is your responsibility to correct what they have done to us. You do have the power to remove the substantiation against us, you do have the power to discipline employees, you are duty bound to correct this malicious prosecution perpetrated on us by them.

I have spent years trying to receive justice for the wrongs that have been done to us. Granting that justice is well within your power and control, please do not allow this injustice to continue, remove the unlawful and unfounded substantiation from us and correct the illegal and ethical wrongs that have been done to us.

To ignore this complaint and the evidence that I have presented to you is not just an injustice to us, but a scar upon the very purpose of your department.

Sincerely,
Lawdoll

 

 So the question remains, just who do you contact when DSS in this state fails to do their jobs as prescribed by law.  Apparently, no one feels that they have “control over their actions”, or can do anything about them when they fuck up.  Just who is in charge of these departments, who is over them, if not Lanier Cansler the State Secretary of Health and Human Services?  I know it is his job, and you know it is his job, but he doesn’t….He writes in his email “per my counsel”…well Mr. Secretary, maybe you need to fire the counsel that you have because they are failing to read the law as it is written.  Even the courts of this state made it abundantly clear who has control of county DSS offices….YOU!

I will not be posting a new story today, I would like for everyone who visits this site to focus on the Wilkes County DA’s office dismissal of valid charges against Allison Baker, when they had enough evidence to prove their case!!!!

Thank you all for visiting and helping my spread the word about the corruption in Wilkes County.

I Received this letter in the mail Saturday:

letter-from-da

 

My response to this is that it is complete and utter bullshit to say that you have insufficient evidence when the entire document is a fake and her handwriting is the one who filled out the paper work! Her signature is on the document showing that she is the one who made the document, it is her handwriting through out the entire thing…she filled out the top with the names, she wrote a statement on it and she signed it as did her supervisor!
 
 
This safety assessment NEVER occurred, therefore the entire document is a forgery! How much evidence do you need? You have tape recordings that I made that are proof of when she first met with us, you have my husband’s work record showing that he was at work the day this “assessment paperwork” was ” filled out”, you have the DSS daily log for the date of this assessment, that is missing our names, for the day this was supposed to have been done…something she was required by law to fill out….which proves she did not come to our home on that date….Do you need a fucking videotape, showing her forging the fucking paper work.
 
This is the 9th felony charge this woman has been allowed to get away with….how is that possible??? If I had done what she has done or if any other person had behaved in such a manner we would be sitting in prison in a cell with Bubba’s sister!
 
What I find most disturbing is the fact that the only part of the document you looked at was the forged signature, what about the handwriting on the rest of this “fairy tale” document, did you have them test that? Because all I have to do is look at to be able to tell that it is her handwriting on this FAKE document!
What about the fact that if she did not forge the signature (Which I believe she did), then someone else at DSS did…have you called for a complete investigation into the department, since there is obviously illegal activities occurring there? Did you compare this little bitty signature with other employees to try and find out if one of them forged it…
We all know she falsified this document, that was what she was actually charged with Felony Obstruction of Justice…NOT FORGERY…she owed a duty to perform certain duties and instead of doing those duties she made **** up…she faked those duties, and she faked documents to make it look like she had done those duties…then someone FORGED my husbands signature to the FAKE, MADE UP, FAIRY TALE, document! and although the signature on this fake paper work is inconclusive, the rest of the FAKE, MADE UP, FAIRY TALE document was clearly written by her hand.

 

** Please note that no where in this letter is it disputed that my husband’s signature is anything other than a forgery.  They know someone at DSS forged this document!  They just aren’t going to do anything about it.

You should not have dropped these charges, you had enough proof to prove your case….you just let her get away with her crimes and you should be ashamed of yourselves…

I don’t know why you did this, but I have to question your motives…maybe you did it to protect DSS because if she had gone to trial then the case file would have become public record and I would have had access to it and been able to use it to further prove WCDSS’s failures, illegal and unethical behavior, and their corruption…

Maybe you did it because your office realized that I had contact it to try and get some help because DSS was not performing their jobs correctly, following the law, or protecting the children of the county…

Or maybe Mrs. Baker is one of those habitual felons who no matter how many times they get caught red handed always manage to get out of it….I find it amazing that this woman can be charged with 8 felony counts of forging perscriptions to obtain a controlled substance and have that knocked down to misdemeanor possession, get sentenced to communtiy service and probation…then receive a review and have it disappear entirely, and then be charged with felony obstruction of justice for forging documents and failing to do her job…and also get that dismissed…that is a total of 9 felonies that this woman has walked away from…I am sure that criminal across the country would love to know her secret!

 Lets have a close up look at the signatures on these documents:

FORGED ASSESSMENT SIGNATURES:

 

 

 

forged-safety-assessment-close-up

ACTUAL ASSESSMENT SIGNATURES:

close-up-real-signatures

 

HOLY SHIT WOULD YOU LOOK AT THAT, CASE PROVED!!!!

The only signature that looks different is my husbands!!!!  That and the fact that on the forged assessment my signature is missing, interesting since I was the one home all day that day…while he was at work for 10 hours!

WORK RECORD:

work-record-for-the-web

This case could have been easily proven in a court of law, as I have just shown, it is obvious that the signatures of Allison Baker and Mary Henderson on both documents were written by them.  Just as it is glaringly obviously that my husband did not sign both of these documents…so I have to wonder, truly why did you dismiss a case so easy to prove?  Do you play golf Mr. DA and if so, where in Wilkes County do you buy your golfing supplies?

Just remember, “God don’t like Ugly” and when people behave in such a manner that it harms others and especially children, they always get their just rewards in the end.  I am positive that one day you will all be punished for what you have done.

And since so many have tried to view Allison previous criminal record, it is pages 3 and 4 that show her previous charges:

Page 3

criminal-record-search-ab-page-3

Page 4

criminal-record-search-ab-page-4

Confidential DHS Documents Left Behind in Home

 

Updated: March 4, 2009 05:21 AM

By Kirsten McIntyre, NEWS 9

http://www.news9. com/global/ story.asp? S=9939734

OKLAHOMA CITY — A DHS worker left hundreds of confidential documents behind after she was evicted from her rental home in Guthrie.

The documents obtained by NEWS 9 contained names, dates of birth and Social Security numbers. They also contained the names and addresses of children involved in sexual and physical abuse.

Normally, this type of paperwork is heavily guarded but it was discovered when a DHS social worker moved and left it all behind.  (Why would she even be allowed to take this home?)

Sandy Chanel was shocked when she discovered the condition of her rental home, from cat feces on the floor to food left in the kitchen. She says her house is trashed.

[Something about glass houses and throwing stones.]

“I would not live like this,” Chanel said.

Yet, it was a box in the basement that caused her the most concern.

“I saw a box of paperwork, which I thought was trash, then when I started looking though it, I thought, ‘This is not good’,” Chanel said.

What she found was page after page of confidential DHS paperwork; some dating back five years.

The information was left behind by Dana Derruisseaux, a DHS social worker.

Derruisseaux moved into the Guthrie home last October. Chanel says she was evicted for failing to pay her rent.

NEWS 9 delivered the documents back to DHS.

“There is no excuse for you to have to deliver to the state Capitol a box full of documents that has personal and private information; there’s just no excuse,” DHS Spokesperson George Johnson said. “We won’t put up with it.”

Johnson commented on the condition of the home as well.

“They’re our employees when they’re at work,” Johnson said. “We don’t go to their homes, we don’t inspect their homes. We don’t look at the kinds of living conditions they live in.” (Well maybe you should…since they judge other people on the condition of theirs.  How can you sit in judgment on others when your home is just as bad, or worse than the one you are investigating?)

Dana Derruisseaux was recently promoted and is supposed to begin her new job in the next few weeks. (Well she damn well needs to be fired and not allowed to start her new job.  I believe her incompetence has been proven!)

DHS says the appropriate actions are being taken immediately but can’t comment on what exactly that means.

NEWS 9 tried contacting the DHS worker for her side of the story, but she did not return the call.

To see the full coverage of the Payne trial, please visit:

Payne Trial Blog
http://tucsoncitize n.com/blog/ rss/author/ 4691

 

Payne, on tape, discusses implicating his girlfriend

03.06.2009

By Kim Smith, ARIZONA DAILY STAR

http://www.azstarne t.com/metro/ 283064

Editor’s note: Readers, please be advised that the testimony in this trial is disturbing.

For the third time in less than a week, jurors heard Christopher Payne describe how he did everything he could to stop his children from starving themselves to death, but failed.

They also heard Payne threaten suicide and discuss implicating his girlfriend, Reina Gonzales, in the children’s deaths.

On Thursday afternoon, prosecutors played a taped jail visit between Payne, 30, and his stepsister, Debbie Barbone, that took place shortly after his arrest on charges alleging he murdered Ariana, 3, and Tyler, 4.

Prosecutors allege Payne abused, then killed the children between March and September 2006. Payne repeatedly told detectives the children starved themselves to death; he was only guilty of not calling for help.

His attorneys now say Gonzales starved the children to death.

Ariana’s remains were found Feb. 18, 2007, stuffed inside a plastic tub in a trash bin. Authorities said they believe Tyler’s remains fell out of the tub and were overlooked in the trash bin, which was later dumped at a landfill.

Payne was arrested on March 1, 2007, after police linked him to the storage unit where the trash bin was located. Gonzales was arrested about a week later.

Almost immediately after Barbone arrived at the jail, Payne asked where Gonzales was. She told him she didn’t know and that Gonzales was supposed to meet her at the jail, but didn’t.

“She didn’t come? Oh, that’s (expletive), man. Something’s wrong. She doesn’t love me anymore. She doesn’t love me anymore,” Payne said, whimpering.

Although the subject changed several times, Payne kept coming back to Gonzales’ absence, and Barbone kept trying to reassure him, saying perhaps she was at a drug-counseling session.

At several points, a seemingly distraught Payne said he was going to join “Tony,” Barbone’s recently deceased fiance.

Then, “if she’s going to leave me like this, then maybe something else needs to happen, man,” Payne said at one point.

Moments later, Payne said, “She’s probably gone, man, and if that’s the case, things are going to have to come out in the laundry.”

Payne, who’d earlier told Barbone the children starved themselves to death, said their deaths weren’t his fault and she shouldn’t think he was a “bad man.”

He told Barbone he was at work all of the time when the children died.

“I’m not going to take this all on my own,” Payne said.

Payne also kept asking Barbone about reports Tyler’s body was missing. She said she only knew what she’d seen on the TV news.

He speculated that someone must have moved the boy’s body.

“If it’s who I think it is, I’m going to (expletive) going to drop a dime on them. I don’t (expletive) care,” Payne said.

Payne said the mysterious person had sworn to him that the rent on the storage unit had been paid up. Ariana’s remains were found because Payne had defaulted on the unit.

After Barbone advised him to talk to his lawyer about his suspicion, Payne said, “even if it’s the person I care about the most?”

Earlier, Payne told had Barbone he wanted Gonzales to stay with her. He wondered if he and Gonzales could still get married, even though he was in jail.

Payne told Barbone the authorities were going to put him away forever.

“If that happens, we’ll deal with that,” Barbone said.

“If that happens they’re going to find me hanging or something. I can’t deal with that,” Payne said.

“Debbie, I want to go to a better place. I want to go some place where I don’t have to worry about anything,” Payne said later.

At one point, Barbone told Payne she wished Payne had called her for help. Payne said he couldn’t call anybody.

Barbone told jurors she saw Payne several times in the fall of 2006 and spring of 2007, but she never saw Ariana and Tyler. Payne told her the children were with his girlfriend’s aunt each time.

Throughout the playing of the tape, Payne sat with his head down, repeatedly rubbing his eyes.

Payne is charged with two counts of first-degree murder, multiple counts of child abuse and two counts of concealment of a dead human body.

If convicted, he could face the death penalty.

On StarNet: Follow the Payne trial on the Star’s legal blog, In The Courtroom at go.azstarnet. com/courthouse
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet. com.
============ ==
Courthouse Blog

http://regulus2. azstarnet. com/blogs/ courthouse

Juror update

http://regulus2.azstarnet.com/blogs/courthouse/13731/juror-update

03/06/2009 10:01 AM

Kim Smith

Apparently the juror never saw Chris Payne.

Payne’s last job

http://regulus2.azstarnet.com/blogs/courthouse/13726/paynes-last-job

03/05/2009 06:12 PM

Kim Smith

Reyes said she smelled a really bad “stench” near the outside storage closet and inside the kitchen.

Jury

http://regulus2.azstarnet.com/blogs/courthouse/13725/jury

03/05/2009 06:06 PM

Kim Smith

Neither side would discuss what happened when approached after court ended at 5 p.m.

DNA Pt. 2

http://regulus2.azstarnet.com/blogs/courthouse/13723/dna-pt-2

03/05/2009 04:35 PM

Kim Smith

Heat and moisture are two things that can cause DNA to breakdown, she said.

Hmmm….

http://regulus2.azstarnet.com/blogs/courthouse/13719/hmmm

03/05/2009 01:54 PM

Kim Smith

We are back in session.

Uh-oh

http://regulus2.azstarnet.com/blogs/courthouse/13718/uh-oh

03/05/2009 01:32 PM

Kim Smith

One solution might be to excuse that juror, but if that juror told all of the other jurors what he or she saw, defense attorneys will probably demand a mistrial.

DNA evidence

http://regulus2.azstarnet.com/blogs/courthouse/13714/dna-evidence

03/05/2009 12:06 PM

Kim Smith

A DNA analyst from a private lab in San Diego told us she received extracts from carpeting, drywall, a plastic tub and plywood in the Payne case.

Thursday schedule

http://regulus2.azstarnet.com/blogs/courthouse/13708/thursday-schedule

03/04/2009 05:27 PM

Kim Smith

Prosecutors intend to call a variety of people Thursday.

More Reina

http://regulus2.azstarnet.com/blogs/courthouse/13703/more-reina

03/04/2009 01:10 PM

Kim Smith

Assistant Public Defender John O’Brien is continuing to cross-examination Chris Payne’s former girlfriend, Reina Gonzales, about her numerous police statements.
Misc.

http://regulus2.azstarnet.com/blogs/courthouse/13696/misc

03/03/2009 05:05 PM

Kim Smith

Gonzales said Payne started abusing Ariana and Tyler after he lost his job, sometime around Easter 2006.

older:

http://regulus2.azstarnet.com/blogs/courthouse/?pg=2

Payne Day 1

http://regulus2.azstarnet.com/blogs/courthouse/13428/payne-day-1

Payne houseguest may have heard child’s cry

03.06.2009, A.J. FLICK, Tucson Citizen,

http://www.tucsoncitizen.com/ss/local/111583.php

A houseguest who was unaware two children were being kept in a closet and starved to death testified in the capital murder trial of Christopher Mathew Payne that she once heard a boy utter, “Daddy!”

Convicted drug dealer Debra M. Reyes, 42, said she was taking a shower in Payne’s apartment, unaware that on the other side of the wall, Ariana and Tyler Payne were held captive in the bedroom closet.

“I heard a cry, ‘Daddy!,’ and that was it,” Reyes testified Thursday. Payne is on trial in the deaths of his children, Ariana, 3, and Tyler, 4.

Reyes said she “assumed” it was Payne’s 2-year-old son with Reina Irene Gonzales but that “it didn’t really sound” like the younger boy.

Reyes testified that she came to live with Payne and Gonzales in late June 2006. At that point, Payne began working full time for her in drug sales, according to testimony.

Up until a few days before Reyes and three other men moved into the one-bedroom apartment, Reyes said Gonzales called Payne constantly to complain about caring for his older children.

Gonzales testified this week that Payne’s solution to end her calls was to lock the two older children in the closet around the clock.

Reyes testified that she had previously seen the older children at the apartment and when she asked Payne where they were, was told they were with their mother.

Also on Thursday, jurors listened to a recording of a jail visit between Payne and his stepsister, Deborah Barbone, days after his March 1, 2007, arrest.

Payne sobbed over the absence of Gonzales, accused her of betraying him and threatened to kill himself or perhaps exact revenge on Gonzales and others.

By this time, detectives had told Payne that Ariana’s badly decomposed body had been found in a plastic tub in the trash bin of a storage unit on Feb. 18, 2007, but Tyler’s body hadn’t been found.

Payne told Barbone, as he told detectives, that the children starved themselves to death because they couldn’t be with their mother and he’d put both bodies in the plastic tub.

“Debbie, you know what’s going to happen to me?” Payne said. “They’re gonna put me away forever. I can’t deal with that.

“I’ve got to go to a better place where I don’t have to worry about nothing,” Payne said. “If something happens, it’s in God’s hands now.”

Payne suspected then that Gonzales had betrayed him, which is why she didn’t visit. Gonzales wasn’t arrested until March 8.

“I don’t think it’s fair that I’m stuck in a cage like a (expletive) animal,” Payne said.

Detectives had told Payne that Ariana’s body was discovered after the rent for the storage unit went unpaid, which Payne blamed on Gonzales.

Payne’s voice was strong and clear when speaking of getting revenge on unnamed people.

“My beef with these people goes way back and I think it’s gonna happen now!” he exclaimed.

Then Payne broke into whimpers, missing Gonzales.
“I’m so scared,” he said.

“You know why?. . . she’s probably gone,” Payne said clearly. “If that’s the case, then they’re gonna have to come out in the laundry. All things are gonna have to start coming out in the laundry.

“I’m not going to take this out on my own if she’s not going to support me,” he said. “This is not my fault.”

Defense attorneys say Gonzales was in charge of child care and is most responsible for the deaths of Ariana and Tyler. Gonzales pleaded guilty to second-degree murder in exchange for her testimony against Payne. She had been charged with first-degree murder and was facing the death penalty if convicted.

Reyes is expected back on the stand Friday afternoon after morning testimony from other witnesses.

Tucson Citizen Courthouse Blog

http://www.tucsoncitizen.com/blog/

ARIZONA HOUSE OF REPRESENTATIVES
Forty-eighth Legislature – First Regular Session

http://www.azleg. gov/FormatDocume nt.asp?inDoc= /legtext/ 48leg/1R/ comm_min/ House/092507+ GOVT+SPECIAL+ MTG.DOC.htm

Video Archive: 09/25/07 Video 04 hr. 58 min

http://azleg. granicus. com/MediaPlayer. php?view_ id=3&clip_id=1931

COMMITTEE ON GOVERNMENT

Minutes of Special Meeting

Tuesday, September 25, 2007

House Hearing Room 4 — 1:30 p.m.

 

Chairman Adams called the meeting to order at 9:15 a.m. and attendance was noted by the secretary.

Members Present

Mr. Barnes     Mr. DeSimone   Mrs. Saradnik    

Mr. Boone     Mr. Farley           Mr. Paton, Vice-Chairman

Mr. Crandall    Mr. Nichols     Mr. Adams, Chairman

Members Absent

Ms. Garcia

Chairman Adams welcomed those present. He said the mission of the meeting is to search the cases to be heard in order to discover ways to improve the child welfare system in Arizona.

OVERVIEW AND TIMELINE OF PAYNE CASE BY LEGISLATIVE STAFF

Carolyn Atwater, Majority Research Analyst, said Child Protective Services (CPS) has briefed most Committee members on the facts of the Payne case, and that members have been provided with copies of the case file. Ms. Atwater briefly summarized the facts of the Payne case.

DISCUSSION OF TIMELINE OF PAYNE CASE – DEPARTMENT OF ECONOMIC SECURITY (DES), DIVISION OF CHILDREN, YOUTH AND FAMILIES (DCYF)

Lillian Downing, DCYF, Program Manager, District II, explained that her responsibilities include oversight of more than 400 staff members in Pima County. Ms. Downing responded to questions posed by Committee Members as follows:

· Ms. Downing responded that she held her current position at the time of the Payne incidents.

· The Court awarded sole custody of the minor children to Jamie Hallam.

· Mr. Payne did not have any convictions related to crime or domestic violence.

· There was no prior report between 2002 and October 2005.

· Cindy Graupmann was the caseworker assigned to the Payne case.

· Ms. Downing explained the policy and authority of CPS when a parent refuses to provide samples for drug testing.

· CPS had no reason to believe the children were in imminent risk of harm from their father, and did encourage Mr. Payne to seek custody of the children. At the time the mother placed the children with the father, CPS did not have grounds to seek a temporary custody notice. If the mother had tried to take the children from
Mr. Payne’s home, CPS would have intervened and taken temporary custody of the children.

· Limited CPS resources were a contributing factor to the closing of the Payne case. She stated that CPS should have kept the case open.

· Ms. Downing explained the process involved in closing a case.

· Ms. Downing suggested the Legislature review the statutes that relate to the enforcement authority of CPS in dependency cases.

· If CPS requests to access the DPS court record system for a background check, there is a monetary charge to the department.

· CPS would have maintained the Payne case open to assure that custody was changed, but the children were not in danger, allegations were unsubstantiated, and therefore, the investigation was concluded. Due to those facts and the heavy CPS caseload, the case was closed. The case should not have been closed because CPS said it would continue to monitor until custody was changed. She said the CPS workload was the primary cause for closing the case.

THE MEETING RECESSED AT 11:25 A.M.

THE MEETING RECONVENED AT 11:55 A.M. ALL MEMBERS WERE PRESENT EXCEPT MS. GARCIA.

Ms. Downing continued answering questions posed by Committee members

  • She explained the CPS policy regarding interviewing persons who reside within a familial home.
  • The last face-to-face contact the investigator had with Tyler and Ariana Payne was on January 6, 2006.
  • Ms. Downing explained the quality control process involved in closing the Payne case.
  • When there is a death, or near-death case, CPS pulls all information from their data system regarding any other children related to the case.
  • CPS has been, and is currently, in the process of improving and revising the child safety assessment, and strength and risk assessment. CPS will continue to provide further training for field staff and supervisors to ensure they are experts at deciphering, assessing, and analyzing matters, and CPS will provide staff with support to ensure sound decisions are made.
  • Revised assessments were not in place at the time the Payne case was closed.
  • No one at CPS has destroyed or changed any records regarding the Payne case.

Kermit Miller, Deputy Chief, Tucson Police Department, answered questions posed by Committee members as follows:

  • He explained the role of the Tucson Police Department (TPD) on the day of March 9, 2006 regarding the Payne case.
  • The TPD cannot physically remove children from one parent to the other based on a custody order, but will rely on the recommendation of CPS. The welfare of the children is of primary concern.
  • The TPD dependent child unit has regular contact with CPS. CPS has never failed to act when asked for help by the TPD.
  • It would be helpful to the TPD if CPS could file a missing person report.

Janice Mickens, DCYF, Program Administrator, answered questions posed by Committee members as follows:

  • She became aware of the death of Ariana Payne when the TPD requested CPS records.
  • Because of the Payne case, CPS has set out clear expectations that case workers shall attempt to obtain copies of court orders in custody cases, and shall talk with both parents as to the specifics of the order. CPS staff has clear direction not to facilitate any violation of court orders.
  • The Citizens Review Panel recommendation to CPS in 2005 states that CPS investigators should obtain and review relevant documents and records prior to the conclusion of an investigation. The question was asked why this recommendation was accepted by CPS but was not implemented prior to March 9, 2006.
  • Ms. Mickens explained that CPS has been working on implementing that recommendation. CPS has been revising the Child Safety Assessment, which is now in place in most districts.
  • CPS will be randomly reviewing cases to monitor compliance with the Child Safety Assessment policies and procedures, and federal guidelines.
  • Court documents should have been obtained in the Payne case.
  • The 2006 Citizens Review Panel recommendation that a thorough investigation be conducted, and safety concerns regarding children should be resolved before the closure of a case has been implemented through the revised Child Safety Assessment and Strength and Risk Assessment. After review, CPS determined that thorough assessments before closing cases had not always been done.
  • The Payne case should have remained open until custody had been determined.
  • CPS policy requires that monthly visitations with children and parents occur while a case is open. CPS is striving to meet those requirements, but it is not done consistently.
  • There were monthly visits by the case aide in the Payne case. The case aide did report her findings to the case manager.
  • CPS has many vacancies for positions, and many positions are staffed by people with limited experience.
  • The challenge for CPS is to keep experienced staff members.

Ken Deibert, Deputy Director, DCYF, responded to questions posed by Committee members as follows:

  • Mr. Deibert said he determined that even though CPS was in the process of implementing best practices, including the Child Safety Assessment, and Strength and Risk Assessment, he believes the changes should be implemented more rapidly.
  • The statutes related to substantiation of child abuse and neglect need to be reviewed.
  • CPS policies and practices must assure that pertinent information is gathered if the court is asked to determine whether CPS can file a dependency petition and become involved directly with a family.
  • If an individual continually refuses to participate in services, such as substance abuse testing, CPS would file additional requests with the court to seek mandatory testing.
  • In response to the question of what the Legislature can do at the statutory level in order to compel parents to get treatment for substance abuse, Mr. Deibert responded that CPS could seek termination of parental rights through the courts.
  • He said a temporary custody order is valid for only seventy-two hours, within which time CPS must make a complete assessment of the living conditions of the children and whether they are at substantial risk of harm. If CPS cannot demonstrate substantial risk of eminent harm or danger to the children, the children must be returned to the parent(s).
  • CPS operates under civil statutes, and has limited authority to directly engage or to manditorily engage individuals in treatment services.
  • More than 50 percent of children that are removed from their parents are eventually returned to their parents. Arizona exceeds the national standard for lack of recurrence of maltreatment of children.
  • Mr. Deibert said he does not know of any states under the Civil Child Welfare process that require mandatory treatment for anything, including substance abuse.
  • CPS has a program, Families First, wherein specific funds are received from the Legislature to assist in purchasing treatment slots at specific facilities throughout the state. He said he would like to see family focused residential treatment programs where children and parents could reside together and engage in an extensive process of rehabilitation.
  • CPS would support legislation that would allow CPS to file a missing person report when looking for a child.
  • Access to the state DPS criminal history records would assist CPS, not only as to the safety of children, but also as to the safety of CPS workers.
  • He explained that lack of sufficient resources has led to 25 percent to 75 percent of supervisory staff in the field carrying cases. Therefore, supervisors are often unable to supervise. Research shows that an efficient organization must have a strong supervisory core. When persons in supervisory roles are distracted by carrying cases rather than providing supervision, guidance, mentoring, and education to staff members, there will be breakdowns in the effectiveness of an organization to carry out policies and procedures.
  • The CPS staff is currently working at the rate of 140 FTE equivalents in overtime. CPS must have the resources to do the job expected by the Legislature and the public.
  • No one at CPS has been disciplined as a result of the Payne case. After a review of the circumstances for the individual workers involved, and what the practice expectations were at that time, CPS did not find violations of policy or practice that would require disciplinary measures for those employees.

Tracy Wareing, DES Director, answered questions posed by Committee members as follows:

  • CPS does have internal audit procedures. Cases are reviewed in the field on an informal basis. There is a formal Audit Department, and the State Auditor General audits CPS on child welfare on a regular basis.
  • Ms. Wareing said she has been DES Director since July 2006.

Chairman Adams said the Committee would not be discussing the Williams case today. He noted a CPS liaison and a legislative liaison to CPS were currently available in Hearing Room 2 to discuss specific concerns of the public.

THE MEETING RECESSED AT 1:43 P.M.

THE MEETING RECONVENED AT 2:00 P.M. ALL MEMBERS WERE PRESENT EXCEPT MS. GARCIA, MR. BOONE AND MR. CRANDALL.

PUBLIC TESTIMONY ON THE PAYNE CASE

 

Lori Lustig, representing herself, offered suggested changes to CPS procedures.

Roma O. Amor, representing herself, offered comments regarding the Payne case.

Without objection, the meeting adjourned at 2:13 p.m.

Yvette O’Connor, Committee Secretary

September 25, 2007

(Original minutes, attachments and audio on file in the Office of the Chief Clerk; video archives available at http://www.azleg. gov/)

COMMITTEE ON GOVERNMENT

September 25, 2007

———- DOCUMENT FOOTER ———

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