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Monthly Archives: December 2009

Christmas time…I love the season

 
 
 
I love Christmas, it is one of my favorite times of year.  In our family it is all about tradition, every year, the day after Thanksgiving to be exact,  my husband drags the entire family up the mountain to pick out our Christmas tree, like the Griswold’s in the movie, “Christmas Vacation“. 
 
To read more and see my beautiful pictures, visit the link above

“Calling for the heads of CPS”? Really 2 leaves a comment on my Examiner.com page

 

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m12d20-Calling-for-the-heads-of-CPS–Really-2-leaves-a-comment-on-my-Examinercom-page

I received the comment below, from a person who obviously, doesn’t personally like me and clearly hates my outspoken manner of pointing out CPS corruption.

I am not sure who this person is, (although I have an idea) but whoever they are, they must be feeling a little insecure in their job. I thought I would take this comment and point out why I “call for the heads of CPS.”

SBI begins investigation into Cumberland County Department of Social Services

 

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m12d19-SBI-begins-investigation-into-Cumberland-County-Department-of-Social-Services#

 

The North Carolina SBI has began their investigation into whether or not the Cumberland County Department of Social Services released incomplete records to the District Attorney and Police Department in the case of Shanyia Davis.

 

Cumberland County Department of Social Services had been involved with the Davis family before Shaniya’s murder on November 10, 2009. The extent of their involvement remains unknown since the Cumberland County DSS has refused to release any information to the public, citing the criminal case.

 

In a press release issued November 20th, the Cumberland County DSS stated the following:

Grandmother of slain teen says she repeatedly called the state child abuse hotline

 

http://www.oregonlive.com/news/index.ssf/2009/12/grandmother_of_slain_teen_says.html

By Michelle Cole, The Oregonian

December 10, 2009, 10:10PM

The step-grandmother of a 16-year-old Eugene girl who police say was abused and tortured before her death on Wednesday says she repeatedly called a state child abuse hotline, trying to get someone to check on the teenager.

According to court documents, Jeanette Maples’ death “came in the course of, or as a result of intentional maiming and torture.” Her mother, Angela McAnulty, 41, and stepfather, Richard McAnulty, 40, appeared in court Thursday to face aggravated murder charges.

Thursday afternoon, Dr. Bruce Goldberg, director of the Oregon Department of Human Services, ordered an internal investigation into caseworkers’ contact with the family.

Lynn McAnulty, Richard’s mother, was technically Maples’ step-grandmother but said “we took her in as if she was our own.”

Several months ago, McAnulty said she became concerned about the teenager. Maples had a split and swollen lip, she said. “And it looked like somebody had taken a fist and yanked her hair.”

She asked about the girl’s swollen lip. ” ‘Fallen down’ is what they told me,” she said.

Urged by a friend, McAnulty said she called the state child abuse hotline. She said she made several calls, each time making anonymous reports. She was uncertain when she started making the calls but it was several months ago.

She didn’t give her name, McAnulty said, “because I didn’t want to lose contact with my grandchildren.”

McAnulty lives in Walterville, on the McKenzie Highway six miles east of Springfield.

In terrible hindsight, McAnulty said she should have called police. But she just wanted someone to check on the girl and she thought child welfare officials would do that.

Gene Evans, a Human Services spokesman, could not provide any details on the child abuse hotline calls.

One of the purposes of the investigation is to find out what happened, he said.

Whenever a child known to state child welfare officials dies or is seriously injured, Oregon law requires the Department of Human Services to convene a critical incident response team to comb through the agency’s files and contacts with the family.

Such reviews are somewhat unusual. The death or injury of a child has triggered 24 similar reviews since Gov. Ted Kulongoski called for more scrutiny and accountability of the child welfare system in 2004.

Detectives worked through the night Wednesday and Thursday afternoon to determine what happened to Maples.

The Lane County district attorney and medical examiner are working on the case. A cause of death has not been released.

Two younger children in the home were taken into protective custody.

A Lane County Sheriff official said the girl was taken by ambulance from her home in the 150 block of Howard Avenue at 8 p.m. Wednesday.

A caller to 9-1-1 told dispatchers that a person there was not breathing. Maples was pronounced dead at the hospital a short time later.

Staff writer Stuart Tomlinson also contributed to this report.

Michelle Cole

Judge hears mom’s plea, orders DCYF to return newborn, reunite Woonsocket family

 

http://www.projo.com/news/content/LAOTIAN_BABY_RETURNED_12-11-09_MAGO5ED_v24.3985c1b.html

By W. Zachary Malinowski

Journal Staff Writer

On Monday, Netvilai Vixaisak of Woonsocket made her way to the Garrahy Judicial Complex in Providence to hand deliver a note to Family Court Chief Judge Jeremiah S. Jeremiah Jr.

“Right now, I have so much pain in my heart and it is hurting a lot due to what [the state] is doing to me. I want to be with all of my kids all in the same place,” she wrote.

After reading the note, Jeremiah emerged from his chambers to speak with the young mother, who broke down and cried in his fifth-floor courtroom.

“Don’t worry,” he told her. “I’m on your side. I’m fighting for you.”

The judge was deeply moved to learn that Vixaisak, 28, gave birth to a daughter, Isis Diamond, on Dec. 2, at Women & Infants Hospital in Providence. Two days later, as she prepared to return home and breast-feed the baby, she learned that the state Department of Children, Youth and Families, which already had custody of her three other children, had placed a “hold” on the newborn. She said she “cried and cried until I couldn’t cry anymore.”

She visited the baby at the hospital on Sunday, Dec. 6. The next day, the infant was placed in DCYF custody, and Vixaisak reached out to Family Court for help.

Jeremiah scheduled an emergency hearing on Wednesday and summoned three DCYF officials into his courtroom: Jorge Garcia, DCYF’s deputy director; Martha Kelly, the agency’s legal counsel; and Mary Cameron, a social worker who has been assigned to Vixaisak and her family.

During the hearing, Jeremiah repeatedly interrupted Kelly, suggesting at one point that DCYF was going to extremes to keep the family apart. She said that the baby was taken away because the three other children are in DCYF custody. She also said that the three children had been removed because of “issues of domestic violence.”

Jeremiah shot back that DCYF removed the three children because they did not have any electricity in their apartment.

Kelly relented and said that “the department is willing to return the infant to her mother and father.” She said that the other three children could be returned by Christmas.

That wasn’t good enough for Jeremiah. He ordered that the baby be returned immediately and the other three children must be reunited with their parents no later than Friday.

Jeremiah said that he wanted to see the family reunited for the holidays.

The judge said he felt DCYF officials were heavy-handed in their decision to remove the children because they lacked electricity in their apartment. He knows that Vixaisak, who suffers from depression, and her husband, a convicted felon, are facing an uphill battle, so he assigned a home health aide to make daily checks on the family to make sure things are working out.

“We always have concerns,” he said. “We have to worry about the safety of the children.”

On Thursday, as Vixaisak waited for her baby’s arrival, she said she is thrilled at the thought of having all four children back. She is confident that she’s prepared for the challenges of raising four children.

“I’m ready to do this,” she said. “I’ll do anything DCYF wants me to do. I love my kids so much. I’ll do anything.”

Stephanie Terry, DCYF’s associate director of child welfare, refused to second-guess Jeremiah’s order or discuss the removal of the baby or three other children from the family. She said that confidentiality policies prohibit her from talking about the case.

“These cases are complicated, and there are lots of facets to it,” she said. “I can’t get into case specifics. We have worked with this family, and we will continue to work with this family. Our objective is always, foremost, to safely return kids home.”

There’s no question that Jeremiah is taking a chance.

According to an affidavit filed with the court, Cameron, the family’s social worker, said that the baby should not be allowed to return home with Vixaisak “due to information they have indicating a risk of physical harm to the child.” The sworn document also mentioned that the mother “has a history of mental health issues and she has been prescribed psychiatric medications.”

Cameron also wrote that the husband, Daothiam Phiensinh, 45, “has substance abuse and domestic violence issues.” She also pointed out that he’s on probation for 12 years for a past conviction of assault with a deadly weapon.

In late summer 2008, DCYF removed the three children from the couple’s home and placed them in separate foster homes across the state. The removal followed several run-ins that Vixaisak had with DCYF, the Woonsocket police and school officials.

On Sept. 5, 2008, DCYF reported in court documents that Vixaisak appeared at the elementary school in Woonsocket where two of her children were students and “made threats to bomb the school and DCYF.” That same day, she barricaded herself in her apartment with her children and refused to allow the Woonsocket police in.

At another unannounced visit, Cameron, the social worker, reported that the apartment had no gas or electricity.

Vixaisak’s lawyer, Frances K.R. Munro, managing attorney for Rhode Island Legal Services, said that her Laotian client is a very emotional woman, but she believes that DCYF may misinterpret her outbursts.

“I think there is a cultural issue,” she said. “It’s not wrong. It’s cultural.”

On Thursday, Vixaisak went out for two cans of baby formula and diapers so she would be ready for her week-old daughter. She’s looking forward to a beehive of activity in her living room as the holidays near.

About 2 p.m., Cameron, the social worker, delivered the baby and a bundle of new clothes.

“I feel happy,” Vixaisak said. “I have the energy to do things now. I’m so, so happy.”

bmalinow@projo.com

NYC Family Court judge denies Child Protective Services permission to enter hotline subject’s home

 

http://www.examiner.com/x-14537-Albany-CPS-and-Family-Court-Examiner~y2009m12d15-NYC-Family-Court-judge-denies-Child-Protective-Services-permission-to-enter-hotline-subjects-home

In a decision posted yesterday, Kings County Family Court Judge, Jeanette Ruiz, refused to grant the Administration for Children’s services permission to enter the home of J. Smith. Children’s Services had applied for a pre-petition ex-parte court order as part of an ongoing investigation which began when someone anonymously called the State Central Register hotline on J. Smith in July of 2009.

To read the rest of this story, please visit the above link

Giving Tree toys released to Salvation Army for distribution

 

http://www.wcnc.com/news/local/Some-County-Commissioners-push-for-Another-DSS-Investgation-79353437.html

by MICHELLE BOUDIN / NewsChannel 36

E-mail Michelle: MBoudin@WCNC.com

Posted on December 15, 2009 at 6:31 PM

CHARLOTTE, N.C. — Some county commissioners are calling for yet another investigation into the Department of Social Services’ program that was supposed to get toys to needy children.

The call for action comes on the same day that thousands of toys from the now-suspended Giving Tree program finally were released from an office to a place that will actually get them to kids — the Salvation Army.

 

At the Salvation Army Christmas Bureau on Tuesday, hundreds of volunteers were building bikes, stuffing stockings and filling giant bags, making sure thousands of children’s wish lists will be filled.

“It feels good to be able to help those in need,” said volunteer Jennifer Newman.

The job got easier late Tuesday morning as about 4,000 toys were moved from the Mecklenburg County DSS building, where they were collecting dust for the last month.

“These items have been in limbo since then based on the investigations and the audits,” said county spokesman Danny Diehl. “It’s about doing the right thing right now, which is making sure these items get to those who need them the most.”

CMPD is investigating the Giving Tree program. Federal authorities are reportedly investigating, too. Investigators are looking into some bad accounting practices to see if they were criminal or mistakes.

Three Republican county commissioners also want to hold a special meeting to question the head of DSS and the former head of the Giving Tree and allow anyone with concerns to come forward anonymously.

Democratic Commission Chair Jennifer Roberts says, “The intention was a good intention. But the idea of a secret meeting, I think, is inappropriate. I don’t think we want anything behind closed doors.”

Commissioners will vote Tuesday night on whether to hold the special meeting. It would likely be later this week.

Clarksville DHS worker charged with fondling girl, 13

 

http://www.theleafchronicle.com/article/20091215/NEWS01/91215020/DHS+worker+charged+with+fondling+girl++13

By JAKE LOWARY • The Leaf-Chronicle • December 15, 2009

A Clarksville day care owner and DHS worker was charged Tuesday with forcibly fondling a 13-year-old girl, police reports and court records show.

Michael McElroy Monix, 48, who gave a 1021 Tylertown Road address, was arrested and charged Monday with two counts of sexual battery and one count of sexual battery by an authority figure, on at least one occasion working in his official capacity.

Monix was arrested on a sealed indictment Tuesday, alleging that in November and December 2008 he forcibly fondled the girl, who, according to an indictment, was under his supervisory authority.

According to the indictment returned by the grand jury this month, Monix “used his position of trust … to accomplish sexual contact.”

Monix is an employee with the Tennessee Department of Human Services. Police identified Monix as a social worker in an arrest report.

Monix was released from jail Tuesday, and showed up to his job with DHS on Wednesday and immediately requested for state-paid vacation, which he was granted, according to Leaf-Chronicle news partner WSMV, Channel 4.

DHS officials are reviewing the case, but have not put Monix on suspension or unpaid leave.

Review: CPS Inconsistent with Policies

 

http://www.myfoxhouston.com/dpp/news/texas/091214-child-protective-services

Updated: Monday, 14 Dec 2009, 9:30 PM CST

Published : Monday, 14 Dec 2009, 1:18 PM CST

HOUSTON – Approximately 200 children die of abuse or neglect in Texas each year; a growing number of those children who die had a prior history with Child Protective Services.

There has been outrage that prior visits were failing to detect warning signs in order to protect children.

A review of the Houston CPS region was ordered in July by the state, after several deaths of children who had a history with CPS. The results from that review were released on Monday.

A team of people with the Department of Family and Protective Services were deployed to Houston for the review. They researched records and cases and did extensive interviews with staff.

The review team concluded that CPS caseworkers are not spending enough time with families and that is partly due to extensive workloads.

Caseworkers missed some risk and safety issues when conducting home visits during investigations, according to the review. In almost half the cases, risk and safety were evaluated appropriately.

Review team members also said that investigative caseworkers are only reviewing and using CPS history in approximately half the cases and need more training in mental health issues.

Reviewers found that cases were transferred out of investigations before all steps had been taken to to fully assess risk and safety, which has left regular caseworkers at a disadvantage and the child potentially unsafe.

Decisions made in case reviews lacked sufficient follow-up by caseworkers and supervisors, according to the review.

Reviewers added that in the Family Based Safety Services program, newly reported incidents of alleged abuse or neglect were addressed with families only half the time.

One recommendation made by reviewers is for CPS to hire all the 116 family-based safety service program caseworkers allocated in the previous legislative session and also reviewing whether more employees need to be shifted to this area.

Reviewers also recommended strengthen practices to keep children safe when parents voluntarily place them outside of the home with relatives or family friends.

Gaps in the transfer of cases from investigations to the Family Based Safety Service program need to be eliminated, reviewers said.

The review team also recommended that investigators be given more immediate access to critical case history and information.

On the Web: Child Protective Services Region 6 Operational and Management Review (.pdf) –

http://media2.myfoxhouston.com/news/2009-12-14/region6report.pdf

 

Review: CPS missed warning signs

 

http://www.chron.com/disp/story.mpl/metropolitan/6769390.html

Investigation shows family history of abuse missed in half of cases

Caseworkers for Texas Child Protective Services have regularly missed warning signs that Houston-area children were in danger, including failing to thoroughly investigate a family’s previous history of abuse or neglect, according to a report released on Monday.

“In only half the cases, risk and safety were evaluated appropriately,” the report’s investigators — a review team from the Texas Department of Family and Protective Services in Austin — concluded. “Investigative caseworkers are reviewing and utilizing CPS history in only about half of the cases.”

The team’s report is based on a review of 95 randomly selected child abuse investigations, a fraction of the 16,107 investigations completed between February and July in Harris and 12 surrounding counties.

The review was part of several regional reviews scheduled this year. However, the review here was expedited following the deaths of three Houston-area children who died of child abuse: 4-year-old Emma Thompson, of Spring, David Tijerina, 3, of Conroe and Katy infant Amber Maccurdy.

All three died either during or shortly after CPS investigated complaints of abuse involving their care and the children were allowed to remain in their homes. In the Maccurdy and Tijerina cases, there had been several visits to their families regarding abuse or neglect.

The caseworker in the Amber Maccurdy case walked away after the girl’s mother refused to let her examine the child. Amber died of a staph infection shortly after that visit.

In David Tijerina’s case, CPS workers had visited his home at least four times. He died of a beating.

Passing cases

In Emma Thompson’s case, the girl’s doctor called CPS after finding what appeared to be a genital herpes outbreak on her. Three weeks later, she was dead. An autopsy determined she had been sexually abused and suffered a skull fracture and more than 80 bruises.

The report also noted that child abuse cases in this region were passed too quickly from investigators to Family-Based Safety Services caseworkers — those assigned to help the family eliminate risk of abuse — leaving “the child potentially unsafe.”

With the exception of the removal of 439 children from their polygamist parents in 2008, CPS officials have strived to remove children from abusive households only when there is immediate risk to the child.

“We’ve always tried to keep children safely in their own homes or with their extended family, if possible,” CPS spokesman Patrick Crimmins said.

But at least one children’s advocate says this latest report shows once again that CPS’s goal of keeping families together often runs counter to keeping the child safe, which is the agency’s ultimate mission.

“Investigative and (Family Based Safety) have different focuses,” said Randy Burton, executive director of Justice for Children. “And these coordination challenges of keeping families together has led to the deaths of these children.”

No surprises

CPS insists the issue is not that clear-cut.

“Whether a child is removed from the home, whether or not there is a voluntary placement with family members or not, those are decisions made to ensure a child’s safety, not decisions made solely to keep families together,” Crimmins said.

Monday’s review offered several remedies, from reallocating workers from investigations to the family caseworker unit to using more of the agency’s “special investigators,” those workers with a law enforcement background, to help locate families more quickly, thereby getting the child help more quickly.

Burton said none of the findings were a surprise.

“These are things we have known for a long time,” he said.

terri.langford@chron.com

 

CPS review of Houston cases targets caseworkers

 

http://www.chron.com/disp/story.mpl/ap/tx/6770712.html

AUSTIN, Texas — Risk and safety were properly evaluated in only about half of the Child Protective Services cases in the Houston region during an internal review.

Details are from a review of 95 randomly selected caseworkers conducted by the Texas Department of Family and Protective Services.

The report, released Monday in Austin, found caseworkers regularly missed warning signs that children were in danger.

CPS spokesman Patrick Crimmins says workers always tried to keep children safely in their own homes or with their extended family, if possible.

Suggestions for improvement included using more of the agency’s “special investigators,” those workers with a law enforcement background. Another recommendation is to enroll parents more quickly in parenting classes and substance abuse treatment.

Reports on other CPS regions of Texas are expected next year.

Out of prison, Franklin woman fails to regain custody of kids (GOOD!!)

 

http://www.thedailyjournal.com/article/20091215/NEWS01/912150314

By TIM ZATZARINY Jr.

Staff Writer

TRENTON — A former Franklin woman who was charged in the death of her adopted 5-year-old son has lost an attempt to regain parental rights involving two other children she and her husband had adopted.

A state Appellate Court panel Monday rejected the request by Heather Lindorff.

Lindorff was convicted in 2003 of endangering the welfare of a child in the December 2001 death of her adopted son Jacob, 5, inside their Franklin home.

Jacob was one of six Russian children whom Lindorff and her husband, James, had adopted.

An autopsy determined Jacob died from blunt trauma to the head, causing bleeding on the brain. His body showed other signs of physical abuse, authorities said.

Heather Lindorff, now 45, was sentenced to six years in state prison. She was released this year on Nov. 16, according to the state Department of Corrections.

In December 2008, Heather Lindorff filed an appeal alleging there was a lack of fact finding before the state Division of Youth and Family Services moved to take away her parental rights following allegations in 2006 that the couple continued abusing their adopted children.

At the time, the Lindorffs had limited visitation with the children, who were in foster care, and Heather Lindorff was free on bail pending an appeal of her conviction.

In a decision released Monday, a three-judge appellate panel determined Heather Lindorff’s appeal regarding her parental rights was moot because she had voluntarily surrendered them during a July 2009 court proceeding so the boys’ current foster family could adopt them.

James Lindorff, 60, was convicted of child neglect in the death of Jacob. He was sentenced to probation and community service.

In September 2007, James Lindorff was charged in Salem County with conspiracy to commit murder in connection with a plot to kill a witness against him in the 2006 abuse case.

He is serving a seven-year state prison sentence on the conspiracy charge.

 

 

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