FOSTER KIDS SUE HAWAII, ABUSERS

 

Negligence alleged in placing foster kids in abusive household

 

http://www.honoluluadvertiser.com/article/20090901/NEWS01/909010350/Foster+kids+sue+Hawaii++abusers

By Jim Dooley

Advertiser Staff Writer

Children who were abused by state-approved caregivers in a Wai’anae “House of Torture” have sued the state Department of Human Services and their victimizers.

The Circuit Court lawsuit was filed on behalf of three minor children who were repeatedly assaulted when in the care of Rita Makekau and Gabriel and Barbara Kalama.

The lawsuit alleges the state “acted negligently” when it approved the Kalamas as legal guardians.

The state also failed to monitor and oversee the condition of the children after they were placed in the Kalamas’ care, the suit charged.

Toni Schwartz, spokeswoman for DHS director Lillian Koller, said the department had not yet received a copy of the lawsuit and could not comment.

DHS officials have previously said that once the Kalamas became legal guardians of the children, the state was no longer involved in their oversight.

In previous lawsuits involving child abuse, the state has denied liability if the victim was not in state custody when the abuse took place.

But in a ruling last year, the Hawai’i Supreme Court said the DHS has a duty to protect a child when given notice that the child has been a victim of abuse.

Last year, Koller strongly criticized the 2008 high court ruling and predicted that it would expose the state to costly legal claims.

“In effect, this decision means that whenever there is a bad outcome for a child … the state will be held liable,” Koller said. “While making the state pay as a ‘deep pocket’ is one way to get compensation for an injured child, it is unfair to Hawai’i's taxpayers and it is exasperating for our social workers, whose conduct may be condemned no matter what they do.”

Rita Makekau, 58, began serving a five-year prison sentence in January after she pleaded no contest to eight counts of assaulting the children. The Kalamas — Makekau’s daughter and son-in-law — were convicted of multiple charges of abuse, child endangerment and assault and were sentenced to a year in prison and five years of probation.

The criminal case involved five children. The lawsuit was filed on behalf of three minor children; two of the victims are now adults.

The lawsuit names the Kalamas and Makekau as defendants, as well as Makekau’s husband, Allen R. Makekau, who was never charged in the criminal proceedings.

On numerous occasions between September 2000 and February 2005, the children were “physically, sexually and psychologically assaulted and abused by the Kalamas and Makekaus,” the suit said.

‘criminal histories’

The suit alleges that from 1996 to 1999, the five children were removed from their mother’s custody by DHS, placed in foster homes and then moved back home with their mother.

In July 1999, the children were permanently removed from their mother’s custody and placed a month later in the care of the Makekaus, according to the suit. The children are nieces and nephews of the Makekaus.

In late September 1999, DHS removed the children from the Makekaus’ home after officials “became aware that they had criminal histories which rendered them unsuitable to be foster parents,” the suit alleged.

In July 2000, the children were transferred to the custody of the Kalamas after DHS approved the couple as legal guardians.

This arrangement was approved despite the fact that DHS personnel “knew full well” that the Makekaus were “a part of the Kalama nuclear family and that the Makekaus would be involved in the care and custody of the (children) on a regular and continuing basis,” the suit alleged.

sex assault alleged

The lawsuit also leveled new allegations that one or more of the children was sexually assaulted by their state-approved caregivers.

State records show that Allen Makekau, 70, was convicted of having sex with an underage girl in 1953 but was pardoned for that offense by Gov. Ben Cayetano on Dec. 2, 2002.

Allen Makekau was 19 years old at the time of the the conviction, which was classified as a misdemeanor. He was sentenced to a year of probation, according to court files.

Cayetano’s pardon of Makekau, granted just before he left office, also covered several other misdemeanor offenses Makekau committed in 1953 and 1984. Cayetano said yesterday he had no recollection of granting the pardon to Makekau.

Allen Makekau could not be reached for comment.

Attorney Dennis Potts filed the lawsuit on behalf of the three children. He would not say how many of the children were sexually abused or by whom.

“Because of the unusual nature of the case, there is more investigation to be done. Our access to the minors is somewhat limited since they remain in foster care,” Potts said.

He said there is “a possibility” that criminal charges of sex assault may still be pursued in the case.

During the criminal proceedings against the Kalamas and Makekau, Deputy Prosecutor Lori Wada said, “Life was torture for the children.”

Makekau struck the children in the mouths with a hammer, breaking and chipping their teeth, according to court files.

Makekau also struck the children on their heads with a wooden spoon and a knife, causing “cuts, bleeding and scarring,” Wada said.

One boy was forced to sleep under the house “with the dogs,” according to court files.

“No child should have to endure the cruelties that these children did,” Wada said.

“The children were never taken to a doctor or a dentist until they were finally removed from the house” by the state, the prosecutor said.

According to court files, the Kalamas and Rita Makekau sometimes fed the children dog food sprinkled with hot sauce. Sometimes they were fed leftovers from meals eaten by the Kalamas and their own five children.

Rita Makekau, who prosecutors called “the worst offender” in the abuse case, is appealing her conviction on grounds that as a Native Hawaiian she is not subject to the authority of state courts.

During her trial, Makekau served as “Royal Minister of Foreign Affairs” for a sovereignty group called Hawaiian Kingdom Government.

The lawsuit did not specify the amount of damages being sought, but is seeking triple damages because the children suffered permanent “physical and emotional injuries” and because the conduct of the Kalamas and Makekaus was “aggravated, malicious and willful.”

ARKANSAS DHS AND FOSTER CARE SYSTEM ABUSING AND NEGLECTING CHILDREN OF ALBERT AND MIRIAM KRANTZ

Arkansas DHS & foster care system abusing and neglecting children of Albert & Miriam Krantz

 

http://www.examiner.com/x-14537-Albany-CPS-and-Family-Court-Examiner~y2009m8d31-Arkansas-DHS–foster-care-system-abusing-and-neglecting-children-of-Albert–Miriam-Krantz

August 31, 9:38 AMAlbany CPS and Family Court Examiner

Daniel Weaver

While the State of Arkansas has presented no evidence that Albert and Miriam Krantz have ever abused or neglected their children or any children, the evidence is starting to mount that the six Krantz children have not fared so well while in Arkansas State custody since November of 2008.

The most recent example of neglect and abuse of the children by the State of Arkanasas and Miller County Department of Human Services occurred recently when two of the younger children, ages 2 and 3, had to sleep on the floor of a DHS office. DHS did not even have blankets for the children and had to call their parents to bring some.

It is alleged that the two children were removed from foster care last Thursday, although no reason has been given for the removal. One can only wonder about what might have happened in foster care that would have caused their removal.

For the rest of this story please visit the link above

DOCTOR TESTIFIES 2-YEAR-OLD FREMONT FOSTER CHILD DIED FROM STROKE

 

http://www.insidebayarea.com/localnews/ci_13241975

By Ben Aguirre Jr.

Oakland Tribune

HAYWARD — A medical doctor hired by a defense attorney testified Monday that foster child Dylan James George died in October 2004 from a stroke, and said that the pathologist who performed his autopsy failed to gather all of the evidence before determining that the boy died from blunt trauma to the head.

The doctor, who reviewed the pathologist’s notes and several police and doctor reports before forming her own opinion in 2005, also concluded that the vast majority of the wounds seen on Dylan’s head during autopsy were “superficial” and nonfatal.

Dr. Janice Ophoven, who works in Minnesota studying deaths in children, was one of two people to take the stand Monday in the murder trial of Terry Howard Corder, a 45-year-old Fremont man charged with killing Dylan.

Sherrie Lynn Corder, the defendant’s 45-year-old wife and former co-defendant in the case, also testified earlier in the day. She is expected to be recalled by defense attorney Barbara Thomas later this week.

Ophoven told the court that she and other doctors — including those who examined Dylan in October 2004 when he was initially admitted to the hospital — saw a CT scan of his brain and noted that he was suffering from a stroke.

She said she believed this was the cause of Dylan’s death, and not blunt trauma to the head as concluded by Alameda County Medical Examiner Sharon Van Meter. Van Meter is expected to testify later during the trial.

Prosecutors contend that Terry Corder assaulted Dylan in the days before he died because the toddler would not eat food that Sherrie Corder had prepared earlier in the day.

Corder’s wife, who accepted a plea agreement in 2006, and one of his daughters have testified earlier in the trial that they saw Terry Corder hit the boy on the head with his knuckles the day before he was hospitalized. Sherrie Corder also testified at one point her husband kicked Dylan in the head as he lay on the ground.

On the stand, Ophoven told jurors that while many of the injuries did not appear to her to be serious, there was a large injury on the boy’s forehead that she was concerned about. However, she said it is unclear what caused it, how serious it was, or how old it was.

Although she could not rule that wound out as causing a stroke — strokes can be caused by trauma, she said — Ophoven said it’s impossible to tell if it contributed to the boy’s death because not enough tissue samples were collected by the pathologist.

During the initial stages of the investigation, the Corders told police that Dylan slipped in the bathtub on Oct. 2, 2004, and that he was not breathing the next morning, which prompted Sherrie Corder to call for help. Dylan died in the hospital on Oct. 4, 2004, after spending more than a day on life support.

During trial, Sherrie Corder admitted that she initially lied to police and that her husband was the one who concocted the story about the boy falling in the bathtub as an alibi for the bruises.

She also said that Terry Corder said it was a shame that the couple could not hide the boy’s body when it was discovered that he was not breathing. Terry Corder also urged his wife to take the blame for the incident, reasoning that he could care for their three biological daughters by himself, Sherrie Corder testified last week.

On Monday, Ophoven said that Van Meter’s ruling as to the cause of death could have been skewed because she knew that investigators were working the case as a suspected homicide.

Under cross examination, Deputy District Attorney Elgin Lowe asked Ophoven if she used police interviews with Sherrie Corder or her daughters while conducting her analysis of the case.

When Ophoven said she had, Lowe asked Ophoven if she had considered the statements from Sherrie Corder and her then-5-year-old daughter, the ones that implicate Terry Corder in assault.

The doctor said she did not. She reasoned that 5-year-old witnesses generally are not credible, and said that she considered Sherrie Corder’s changing story to be invalid.

“What she said doesn’t make sense,” Ophoven testified.

DHS TO INCREASE SCRUTINY OF SUSPICIOUS CHILD INJURIES

 

http://www.desmoinesregister.com/article/20090901/NEWS10/909010375/-1/NEWS04

By LEE ROOD • lrood@dmreg.com • September 1, 2009

More suspicious injuries to children will be reviewed by paid teams of medical professionals in an attempt to thwart preventable abuse, Iowa’s human services chief said Monday.

Department of Human Services Director Charles Krogmeier said the small teams of medical professionals he is creating will provide “a quick and authoritative review” in instances where there is disagreement over the cause of a child’s injuries.

Krogmeier outlined the change in a letter sent Monday to Gov. Chet Culver.

The change came on the same day that two Des Moines parents – Jonas Neiderbach and Jherica Richardson, both 20 – were arraigned on felony child endangerment charges in connection with their infant son’s near-fatal injuries in June.

The case has received extensive public attention and raised questions anew among lawmakers and others in the child-welfare system over whether professionals have responded appropriately to red flags before children’s serious injuries or deaths from abuse.

Ethan Neiderbach was born with marijuana in his system and suffered a broken arm before he was a month old – abuse that was reviewed by DHS workers, screened by medical professionals and brought to the attention of state prosecutors, The Des Moines Register has learned.

Yet he remained in his parents’ care, where he ultimately suffered multiple rib fractures and brain trauma before being taken unresponsive to a Des Moines hospital at 7 weeks old.

In his letter to Culver, Krogmeier did not address the Neiderbach case specifically. Nor did he take responsibility for any missteps or identify places where the child-welfare system failed.

The Neiderbach case is similar to several other child deaths or near deaths since 2000 that have been examined by the Register. All have involved children who were returned home despite serious injuries and other signs of possible abuse.

A handful of state lawmakers and Culver have expressed interest in making policy changes to try to better protect children who come to the attention of the child-welfare system but are subsequently injured. However, prevention experts and advocates said Monday that it is difficult to evaluate whether Krogmeier’s move would have been sufficient in dealing with the most recent case.

“We really cannot assess whether this is the right step, because we really don’t know what happened,” said Steve Scott, who heads Prevent Child Abuse Iowa. “Any ability by state legislators to respond appropriately is compromised when there’s no access to information.”

Child-protection workers ultimately confirmed child abuse in three different assessments, finding abuse against Richardson for pot use, Neiderbach for Ethan’s broken arm and both parents for the baby’s near fatal injuries on July 8.

To date, however, DHS has not made public the agency’s own review of how professionals responded to the Neiderbach case. Iowa’s state ombudsman, who has authority to look into such cases, also has requested the outcome of DHS’s internal review and has not yet received a response.

DHS has not made public any child-abuse reports involving child deaths or near-deaths in recent years, even though legislators changed state law a few years ago to allow the agency to do so.

Krogmeier, who took over the helm of DHS in May, said on Monday that he is not recommending more openness in such cases because of privacy concerns and because county attorneys routinely request that abuse assessments remain confidential.

“We’ve been asked by county attorneys to keep that information private, and we respect that relationship,” he said.

But Scott, some judges, advocates and others have said that without more information, others cannot determine whether appropriate steps or policy changes are being taken in individual cases. Some have questioned what the state is protecting, given that DHS reports would be provided to alleged abusers and their attorneys in criminal proceedings.

State Rep. Mark Smith, who chairs the House Human Resources Committee, said legislators should take another look at the lack of transparency. “It’s something we should talk about,” said Smith, a Marshalltown Democrat.

Before Monday’s announcement, DHS already had the authority to assemble multidisciplinary teams of doctors, social workers, prosecutors and others to help assess possible abuse.

As far back as 2000, state ombudsman William Angrick called for DHS to review those groups’ work. However, their reach and effectiveness is still in question today.

In his letter, Krogmeier said a recent review of child-abuse regulations showed “differing medical opinions may prevent the DHS from taking action to protect children.”

Professionals who make up the new teams will likely be paid on a retainer, per-case basis or hourly rate, Krogmeier said. “It doesn’t happen all that often where we have conflicting medical opinions or where cases aren’t clear. It’s not going to cost us in the millions of dollars,” he said.

He also asked that law enforcement and court officials consider a proposal that would require more speedy enforcement of protective orders issued by juvenile courts in child abuse cases.

Many states have teams that review cases of alleged abuse. It was unclear Monday whether any states retain medical professionals.

FOSTER MOTHER OF MISSING BOY RELEASED FROM JAIL

 

http://www.foxreno.com/news/20606391/detail.html

Updated: 8:36 pm PDT August 31, 2009

OAKLAND, Calif. — The foster mother of missing five-year-old Hasanni Campbell was released from custody Monday after authorities determined they did not have enough evidence to charge her in his disappearance and apparent death.

Jennifer Campbell, 33, and her boyfriend, Louis Ross, 38, were both arrested Friday after Oakland investigators ruled the boy’s disappearance was a homicide.

But hours before her first scheduled court appearance, Assistant District Attorney Tom Rogers said there was “insufficient evidence” to charge her at this time. However, Ross remained in custody on suspicion of homicide charges.

Oakland attorney John Burris said he wasn’t surprised that the Alameda County District Attorney’s office wasn’t filing any charges against Campbell because he believes “there was no factual basis for her to be arrested.”

Burris said being arrested was traumatic for Campbell, who is six months pregnant, and caused her “a great deal of emotional harm.” He had visited Campbell and Ross Sunday in jail, in attempt to assist them in locating a criminal defense attorney.

Ross reported Hassani missing on August 10th from Oakland’s Rockridge area.

“We have not located his body and we do need people who know where he is,” said police spokesman Jeff Thomason, “And we don’t believe he is alive.”

Oakland police have not said what led to the arrest of the foster parents or why investigators believe the child is dead, thought they have indicated they may reveal more information in this case on Monday.

On Friday night, police spokesperson Jeff Thomason said, “This investigation [is] not a missing persons case anymore. It is a homicide investigation.”

On Friday, Jennifer Campbell, Hasanni’s aunt and foster mother, was arrested on suspicion of murder at about 1:50 p.m. at the Union City BART station, Thomason said. At about 2:45 p.m., Louis Ross was arrested on the same charge at his Fremont home. Louis did not react as he was taken into custody, according to Chief Jordan, who said that the foster father seemed to be awaiting arrest.

“We believe Hasanni Campbell is no longer alive and we have the people responsible,” Thomason said.

Hasanni, who has cerebral palsy, was last seen Aug. 10 in the Shuz of Rockridge shoe store in the 6000 block of College Avenue and his disappearance prompted a multi-agency investigation. On Aug. 20, police served multiple search warrants in connection with the case, including one at Ross’ home.

“This investigation is still ongoing and very complex,” Thomason said.

A law enforcement source told KTVU that a compelling piece of evidence is that no one ever saw the little boy in the busy Rockridge neighborhood where his foster father reported him missing 18 days ago.

The source also says that the fact that very few tips have come in point to the couple as being the only ones who really know what happened to their foster son.

“It would not surprise me in any way that the police is seeking to divide and conquer by arresting and seeing if they have something to say that they haven’t already said,” the couple’s legal advisor John Burris said on Saturday.

AMY BAKER WON’T GET KIDS BACK

Amy Baker looks papers during the custody hearing for her three children. She relinquished all of her parental rights.(The Enquirer/Amanda Davidson)

http://news.cincinnati.com/article/20090828/NEWS0107/908290347/Baker+won+t+get+kids+back

By Barrett J. Brunsman • bbrunsman@enquirer.com

BATAVIA TWP. – Amy Baker, the key prosecution witness in the Marcus Fiesel murder case, permanently surrendered custody of her three children to Clermont County on Friday.

Judge Stephanie Wyler of Juvenile Court approved the surrender to the Department of Job and Family Services, which already had placed the kids in temporary foster care.

Baker, 28, had tried for three years to get her kids back or placed in the care of relatives. A custody trial was to begin Monday, but she became convinced she had no chance of winning.

• Photos: Amy Baker gives up children

“I believe that going through the trial will have the same outcome as surrendering my rights,” she told the court in a written statement.

“Although this is a surrender of rights, this is not a surrender of love,” Baker said in a separate statement read by her lawyer, Susan Mineer.

Then Baker cried.

Her husband, Brian Baker Sr., 28, also surrendered custody during the hearing. He, too, didn’t think he could win the case at trial. The kids could be placed in an adoptive home, the judge said.

All the Bakers’ rights as parents were ended, including visitation and communication with the children. Both parents declined to comment after the hearing.

Representatives of the Children’s Protective Services division of the Department of Job and Family Services previously argued that the agency should have custody, in part because Amy Baker “was aware of the abuse to (Marcus) in the home of Liz and David Carroll.”

The Baker children – a 10-year-old girl, an 8-year-old boy and a 6-year-old girl – have been in foster care since Aug. 29, 2006, a day after the Carrolls were arrested in the death of Marcus, their 3-year-old foster son.

The Baker children lived in the Union Township home of the Carrolls for a few weeks after the former girlfriend of Brian Baker dropped them off there. Amy Baker, who had a relationship with David Carroll, was already living with the couple, their four children and Marcus.

Wyler had previously entrusted Debra Hounshell of Union Township, the mother of David Carroll, with his kids.

Liz and David Carroll are serving life prison sentences for the murder of Marcus, who was developmentally disabled. The couple had claimed Marcus had gone missing in Juilfs Parks in Anderson Township, and thousands of volunteers helped police search for the child.

Public outrage was widespread after Baker revealed that Marcus had been bound in a blanket with tape and left in a closet by David Carroll while she and the Carrolls attended a reunion of Liz Carroll’s family in Grant County, Ky., the weekend of Aug. 4, 2006. The boy was dead when they got back to Clermont County, Liz Carroll testified before a grand jury in Hamilton County.

Baker accompanied David Carroll when he burned Marcus’ body in Brown County and threw the remains off the William Harsha Bridge between Aberdeen, Ohio, and Mason County, Ky.

Clermont and Hamilton county prosecutors agreed to not charge Baker in exchange for her testifying against the Carrolls – as long as she had no direct role in the death of Marcus. A Kentucky charge that Baker tampered with evidence was rejected by a Mason County judge.

“I do not believe my children or my family should be punished for my mistakes,” Amy Baker said during a 2007 hearing in the custody case.

The Carrolls’ arrest on Aug. 28, 2006, left Baker and her children homeless. The next day, the children were removed from the Brown County home of Baker’s father and stepmother, Bob and Tracy Ramsey.

The Ramseys, who had sought custody of the kids, have claimed that Baker’s children have had a horrible experience in foster care. The kids have been moved to five different foster homes, and the youngest has shown signs of sexual abuse, the Ramseys have said.

“I do believe it is somewhat the fault of Children’s (Protective) Services,” Baker said during the 2007 hearing in the case.

So she could get a job and pursue a GED to better herself, Baker asked Children’s Protective Services to recommend a day-care provider. If she hadn’t been referred to Liz Carroll, Baker said, she might never have become embroiled in the death of Marcus.

 

Amy Baker Surrenders Custody Of Her 3 Children

 

http://www.wcpo.com/news/local/story/Amy-Baker-Surrenders-Custody-Of-Her-3-Children/_HFNSY15V0WpHNjVkJJMDA.cspx

Reported by: Tom McKee

Email: tmckee@wcpo.com

 

When Amy Baker walked into Clermont County Juvenile Court Friday afternoon, she was the mother of three children – two girls and a boy.

By the time she left 45 minutes later, Baker and her husband, Brian, had permanently surrendered custody of their daughters, aged 10 and six, and their eight-year-old son.

The children had been in foster care since August of 2006.

Baker was a key figure in the death of Marcus Fiesel, whose foster parents are serving prison terms in the three-year-old’s demise.

She and her children were living with the Carrolls at the time, but never faced criminal charges because she became a key witness for the prosecution against them.

Fiesel was left bound in a closet while the Carrolls went out-of-state for a weekend reunion. When they returned, he was dead.

His remains were later burned on property in Brown County and dumped into the Ohio River near Maysville.

In court Friday, Judge Stephanie Wyler went over the permanent surrender of the children one at a time.

Amy Baker didn’t make a statement, but had her attorney, Sue Mineer, read the words she’d written.

“Although this is a surrender of rights, it is not a surrender of love,” Mineer intoned for her client.

Judge Wyler reminded the couple that they are giving up custody and parental rights, rights to future support plus inheritance from or through the children.

She granted their petition for permanent surrender.

Baker and her husband signed the paperwork which will allow the children to be adopted, then quickly left the courtroom, got into their cars and drove away.

Amy Baker looks papers during the custody hearing for her three children. She relinquished all of her parental rights.

(The Enquirer/Amanda Davidson)

WHY “NO WARRANT, NO ORDER, NO ENTRY, NO RELINQUISHING OF YOUR CHILDREN IS SO IMPORTANT!!!!!

Man tries to take woman’s 3 kids

 

http://www.theolympian.com/southsound/story/953911.html

The Olympian

The Thurston County Sheriff’s Office is trying to identify a man who reportedly went to a residence in the 8300 block of 49th Street on Wednesday and claimed he had a court order to take a woman’s three children.

According to a release from the sheriff’s office:

The man came to the home about noon and said the court order was based on allegations made against her by her husband. The woman asked to see the court order, and she refused to give him her children, ages 5, 3 and 6 months.

“She told him that without talking to a deputy or her husband, she would not give up her children,” the release said.

The suspect left in a white minivan. He made no attempt to force entry or take any other action to seize the children. A subsequent check by the sheriff’s office found no court orders involving the woman, her children or her husband. The husband was contacted and he said he had no knowledge of the incident, and that he had not been granted any court orders.

The woman said Friday that she lives with her husband and they are not separated or involved in a custody dispute.

The suspect used the name Michael Jenkins but did not show identification. He was described as white, in his mid- to late-40s, about 5 feet, 6 inches tall, with a thin build, dark-brown hair, a full beard and dark-rimmed glasses. He was wearing a dark charcoal suit jacket and slacks.

There are no Michael Jenkins employed in Thurston County Superior Court, Child Protective Services or the sheriff’s office.

A sketch artist created a drawing of the suspect based on the woman’s description. The sheriff’s office seeks the public’s help in identifying him. Also, the public should not allow anyone attempting this type of scheme into their home, according to the sheriff’s office.

Any victims of similar kidnapping attempts, or anyone with information on the suspect’s identity is asked to call the sheriff’s office at 360-709-3072 or Crime Stoppers at 360-493-2222.

NM BOY FACES MURDER CHARGE IN DAD’S DEATH

Police: NM boy faces murder charge in dad’s death

 

http://www.google.com/hostednews/ap/article/ALeqM5gZv2u8UDawH7vbUI65uG1fF7NQ8QD9ADI3AG0

(AP)

BELEN, N.M. — A 10-year-old New Mexico boy is facing a murder charge in the shooting death of his father.

Police alleged that the boy used his own rifle to shoot his father and then called authorities. Arriving at the family’s home Thursday evening, police found 42-year-old Byron Hilburn with a head wound. He was pronounced dead at an Albuquerque hospital.

The youth reportedly told officers that he thought his father was disciplining him too harshly and too often, according to KOAT-TV.

Local media, in weekend reports, said a first-degree murder charge was pending against the boy. There was no comment Sunday from authorities. A dispatcher taking messages for the Belen Police Department told The Associated Press that spokesmen were unavailable until Monday.

Police said they suspect that the shooting was witnessed by the boy’s 6-year-old sister, who has since been placed with relatives.

The boy is in the custody of the New Mexico Children, Youth and Families Department.

Hilburn was divorced and had custody of both children, police said.

Though neighbors said the family seemed normal, the state agency responsible for protecting children had been called about problems in the home.

Romaine Serna, spokeswoman for CYFD, said the agency was called to check on the family more than seven times since 2003 after receiving anonymous reports of child abuse and neglect.

“We had concerns about this family. There were red flags,” Serna said.

But the agency interviewed family members, close friends, school officials and doctors and “not one of them had concerns about this household,” Serna said.

Serna said CYFD didn’t have enough evidence to remove the children from the household.

“There were no bruises. There were no marks,” she said.

Next-door neighbor Elaine Sanchez said they were just “regular neighbors that we used to say hi and bye to.”

Sanchez said her daughter played with the 6-year-old girl.

“We live just a few feet from them. My little daughter likes to go out and ride her bike and now I keep thinking, ‘What if she had been hit, too?’ ” Sanchez said.

Belen is 35 miles south of Albuquerque.

SOCIAL WORKER’S CONDUCT WENT UNREPORTED

 

State lawmaker alleges coverup; wants attorney general to investigate

 

http://www.jsonline.com/news/milwaukee/55971877.html

By Crocker Stephenson of the Journal Sentinel

Posted: Aug. 28, 2009

Officials responsible for reporting to the state that a Bureau of Milwaukee Child Welfare social worker had impregnated a bureau client did not report the incident until Thursday, months later than required by law and only after being contacted by the Journal Sentinel.

A state lawmaker, alleging that child welfare officials may have been involved in a coverup, called on Attorney General J.B. Van Hollen to investigate.

The Journal Sentinel reported Friday that Peter J. Nelsen, 56, was sent by the bureau to investigate an allegation of child abuse and later impregnated the child’s emotionally troubled mother, Theola Nealy. Nelsen kept the pregnancy secret, even as the bureau investigated allegations that Nealy abused her 5-year-old daughter and 3-year-old son.

The bureau has removed both children from Nealy’s home. The bureau has also removed the child born to Nelsen and Nealy and placed her in Nelsen’s home.

Nelsen, a 12-year-veteran of the bureau, was allowed to resign April 15, according to bureau documents.

Under state law, the bureau, a part of the state Department of Children and Families, was required to report Nelsen to the Department of Regulation and Licensing within 30 days of his departure.

On Thursday, there seemed to be some contradiction about whether a report on Nelsen had been filed.

The licensing department said it had not received anything, but Angela Russell, a spokeswoman for the bureau, contended a report had been filed. She did not say when it had been filed, and later sent an e-mail to the newspaper saying no more information on Nelsen would be released because of laws governing employee confidentiality.

On Friday, David Carlson, a spokesman for the licensing department, said that Nelsen’s report was faxed to the department on Thursday – just as the newspaper was investigating the story.

The Journal Sentinel has formally requested access to Nelsen’s employment file.

“It would appear that a coverup of Mr. Nelsen’s conduct may have been undertaken by state agency officials in violation of state law,” Rep. Stephen Nass (R-Whitewater) wrote Attorney General J.B. Van Hollen.

Nass also asked the attorney general to investigate Nelsen.

“There is ample basis for the Wisconsin Department of Justice to review Mr. Nelsen’s conduct to determine if he abused his governmental powers and violated Wisconsin law,” the letter says.

Further, the letter says, “The Bureau of Milwaukee Child Welfare may have used its powers to assist Mr. Nelsen in obtaining custody of the child he fathered with Nealy.”

“The failure of the department to take appropriate action against Mr. Nelsen, and the potential abuse of legal authority to take custody of children requires a thorough review by the Department of Justice for misconduct by public officials,” it says.

Noting that Nealy’s treatment of her children may have given the bureau reason to remove them “does not authorize the blatant abuse of power that appears to have occurred by both a social worker and a state agency that has a solemn duty to protect children.”

Asked whether the Department of Justice was investigating Nelsen or the child welfare agencies, spokesman William Cosh said: “We don’t comment on ongoing investigations.”

Asked if his statement meant there was an ongoing investigation, Cosh repeated the statement.

Also Friday, an injunction hearing on a temporary restraining order Nealy filed against Nelsen earlier this month was adjourned to Sept. 11. Family Court Commissioner Ana M. Berrios warned Nelsen that the restraining order remained in effect and ordered him to have no contact with Nealy.

 

Woman Says She Got Pregnant By Social Worker; He Has Child

 

State Representative Calls For Investigation

 

http://www.wisn.com/news/20606268/detail.html

MILWAUKEE — A social worker who was supposed to be helping a Milwaukee woman got her pregnant instead, the woman said. Now, she’s fighting to get her daughter back.

The baby’s father was assigned to investigate a child neglect complaint about the woman’s other children.

The agency said the social worker broke rules by having sex with a client and but then placed the child with him after they removed the baby from her mother’s home.

“I missed her birthday. He had her,” Theola Nealy said.

Nealy’s daughter, Melina, turned 1 year old in the custody of her former child welfare worker, who is also the baby’s father.

“He started coming over, and it evolved into sex, and I told him I did not want to have sex,” Nealy said.

Nealy said she had sex with the social worker to make sure Child Protective Services would let her keep her kids. She said when she became pregnant, he told her to have an abortion. After she refused, Protective Services soon removed her kids from her home.

“He’s paying me back for one not having an abortion, and two, he took her just to get me back because he knows that’s what hurts me the most,” Nealy said.

Professional rules forbid sexual relationships with current and formal clients. The Bureau of Milwaukee Child Welfare said the social worker no longer works there.

“Any serious violation of professional licensing rules or standards would preclude continued employment at the Bureau of Milwaukee Child Welfare.” according to the agency.

WISN 12 News found Melina in the arms of her father and the former social worker. Child welfare placed her with Peter Nelsen after they removed Nealy’s children from her home.

“Well, certainly my relationship was inappropriate. I admit that. I’m sure,” Nelsen said.

Nelsen is headed to court to fight for permanent custody of Melina.

“She’s the love of our lives. She means everything to us,” Nelsen said.

“Do you think it was a crime what you did?” WISN 12 News reporter Colleen Henry asked.

“State statutes I suppose would say so,” Nelsen said.

“Do you think you’re going to go to prison?” Henry asked.

“I would certainly hope not. It’s been 11 months,” Nelsen said.

The District Attorney’s Office told 12 News it will not file criminal charges against Nelsen because the sex was consensual, and it’s not a crime for a social worker to have sex with a client. That news devastated Nealy.

“He should go to jail,” Nealy said.

The agency said it reported Nelsen to licensing regulators. It won’t answer questions about why Melina and her brother and sister were removed from their mother’s home, or given the circumstances, whether placement with her father is appropriate.

The case has prompted a request to Wisconsin’s attorney general to investigate. Whitewater state Rep. Steve Nass said an impartial investigation is necessary.