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Monthly Archives: January 2010

Shaniya Davis was sexually assaulted, autopsy results released today state

 

 http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2010m1d12-Shaniya-Davis-was-sexually-assaulted-autopsy-results-released-today-state#

Autopsy results released this morning show that 5-year-old Shaniya Davis’ injuries were consistent with sexual assault and that she did indeed die of asphyxiation.

The autopsy report states that Shanyia’s body was in the early stages of decomposition when it was found, November 16, 2009, in a wooded area Near Highway 87 in Lee County, 6 miles from Sanford and not far from the Comfort Inn hotel where she was last seen alive by a witness. To read more of the above story, please visit the above link.

Kelsey Briggs’ Mother Seeks Part of Settlement

 

http://www.news9.com/Global/story.asp?S=11791434

 

Kelsey

OKLAHOMA CITY — The mother of Kelsey Briggs is suing in federal court to receive proceeds from a settlement in the death of her daughter.

Raye Dawn Smith was convicted of enabling child abuse and was sentenced to 27 years in prison after Kelsey died in 2005 while in the care of Smith and the child’s stepfather Michael Lee Porter.

Porter is currently serving a 30-year sentence after pleading guilty to enabling child abuse.

Kelsey’s father, Lance Briggs, won a $625,000 settlement from the state Department of Human Services and a DHS-contractor, Eastern Oklahoma Youth Services, for failing to do enough to prevent Kelsey’s death.

Raye Dawn Smith is suing claiming she is entitled to half of the settlement. Her attorney is arguing that she was not convicted of murder and is therefore under state law just as eligible as the girl’s father to receive part of the settlement.

During a hearing Friday in federal Court in Oklahoma City, Lance Briggs pleaded to the court that the money awarded to him is his money and his alone saying Smith doesn’t deserve “one red cent.”

During the court hearing, each side was given three and a half hours to present their evidence. Officials said it will take at least a month before the judge is expected to make that decision.

Smith said if she does win the money, she wants to pay her family back for her legal costs. The rest she said she would donate to an infant crisis center and St. Jude’s Medical Research Center.

 

Foster care death still an open investigation

 

http://www.kxly.com/news/22182451/detail.html

Annie Bishop | KXLY4 Reporter

POST FALLS, ID — A year ago this month, two year old Karina Moore died while under the care of a foster family in Post Falls. The foster family says Karina accidentally fell down a short flight of carpeted stairs, but authorities beg to differ. However, the Spokane County Medical Examiner ruled her death a homicide.

Karina’s death was ruled a homicide by the Spokane County Medical Examiner, which is why the Post Falls Police Department has been working hard to find out who is responsible for her death

“I talk to her everyday, tell her that I love her,” said Karina’s mom, Samantha Moore.

Not a day goes by Moore doesn’t think about her little girl and her beautiful smile. Even though it’s been a year since Karina’s death, time has not healed her broken heart.

“I don’t think anyone is ever ready for the death of a child,” Moore said.

Moore is hopeful someone will be held accountable for her daughter’s death.

“The truth will come out, I’m not worried about it anymore,” Moore said.

When Karina, her brother and infant sister were placed in foster care, Moore said she suspected abuse and reported those suspicions to her case worker with the Idaho Department of Health and Welfare.

Karina’s medical records from Kootenai Medical Center indicate the state noticed a change in her behavior a month prior to her death.

The report states she went from be very verbal to becoming non-verbal. Investigators say this is a complex case and it continues to be a top priority.

“They [investigators] have to make sure everything is right. They don’t want to present this case and have it flap in front of them and nothing gets done. They got one shot and they’ve got to make it the best one and I’m confident they will,” Moore said.

Karina’s foster parents could not be reached for comment.

The Idaho Department of Health and Welfare said the foster parents are no longer licensed foster care providers.

Grapevine mom leaves kids outside school in freezing weather

 

http://www.star-telegram.com/local/story/1880227.html

By BILL MILLER

wmiller@star-telegram.com

GRAPEVINE — Police are considering whether to pursue charges against a mother who left two children, ages 5 and 7, outside a closed Grapevine elementary school Thursday morning in freezing weather, a police spokesman said Friday.

It was 24 degrees with a wind chill in the single digits when a nurse on her way to her job at a nearby hospital spotted the children alone in the parking lot of Cannon Elementary School, 1300 W. College St.

The mother did not realize that Grapevine-Colleyville administrators had delayed the opening of school because of icy roads, said Lt. Todd Dearing, a police spokesman.

The nurse called 911 at 7:14 a.m., and officers went to get the children, Dearing said. Meanwhile, the mother heard on her car radio that the school was closed and returned to get her children, he said.

By the time she arrived, police were there, Dearing said.

“She made a mistake, she knows she made a mistake, and now we’re investigating to see if we’ll be filing criminal charges,” Dearing said.

The possible charge is abandoning or endangering a child, a state jail felony punishable by up to two years in jail and a $10,000 fine.

Child Protective Services was notified, Dearing said. CPS spokeswoman Marissa Gonzales said the children were not in the agency’s custody and thus she could not say whether CPS was involved.

This was an honest mistake, what is the phase that CPS uses to encourage people to adopt a child from foster care, “You don’t have to be perfect, to be a perfect parent.” “After all, kids don’t need perfection; they need you!”

This mom made a mistake and as soon as she realized it, she immediately turned around and went to get her children. They obviously were not outside that long before she did, since she was still in the car when she heard about the delay on the radio!!!!

Leave this mom alone and go focus on the Texas CPS workers who are failing to do their jobs. So many children have died in Texas after CPS involvement and now the police and CPS want to waste time investigating this mom.

What is amazing to me is that the police are even considering charges against this mom for her one mistake, yet absolutely no charges have been pressed against the Texas CPS workers who “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.”

Why don’t you go press charges against these people instead, they are the ones who acutally deserve to be prosecuted!

Infant’s death rekindles scrutiny of L.A. County child services agency

 

Authorities deemed Diamond Hillman’s mother fit to care for her, even though the woman’s two other children had been removed from her home. Four months later, Diamond was dead.

 

http://www.latimes.com/news/local/la-me-child-death30-2009dec30,0,7229655.story

Five months before Diamond Hillman was born last July, her two half siblings were removed from their mother’s home.

Social workers found that she had spanked her 6-year-old daughter with a belt, scrubbed her face so hard it left welts and sent her to school in diapers.

Despite that finding, and a resulting court order that the 28-year-old mother have only monitored visits with the two older children, child welfare authorities deemed her fit to care for Diamond.

The child lived just four months. She died Nov. 22, allegedly at the hands of her stepfather, a convicted batterer with whom the mother had left the baby, according to court records and a confidential child-fatality report obtained by The Times.

Her death comes amid growing public scrutiny of suspected abuse and neglect fatalities among children whose families at some point were under the supervision of the Los Angeles County Department of Children and Family Services.

There were 14 such deaths in 2008 and at least that many this year, though some remain under investigation, according to department officials and records recently made public under California law.

Diamond’s death is being investigated by the department, Santa Monica police and the L.A. County coroner’s office.

Many of those deaths occurred after children left the department’s watch — to return to their families after a stint in foster care or to enter the criminal justice system, records show.

But Diamond’s case calls the department’s vigilance into greater question, because she was still under its direct supervision when she was killed.

Donald Renald Hillman Jr., 33, a resident of Santa Monica and her mother’s estranged husband, has pleaded not guilty to murder and child abuse.

He is being held in lieu of $1-million bail.

The mother was not identified in the child-fatality report and has not been charged. She did not respond to a phone message left with a man at her last known address.

Shortly after Diamond’s birth, her mother told Hillman that he was not the girl’s father, “but he accepted Diamond as his child,” the report states. Although separated from Hillman, the mother left Diamond with him Oct. 4 while she met with a friend.

Hillman, who is 6 foot 1 and weighs 245 pounds, allegedly shook the infant so hard that day that she suffered retinal hemorrhaging and a traumatic brain injury.

When he brought her to a hospital emergency room in full cardiac arrest and not breathing, he told doctors the injuries were accidental.

“According to Diamond’s stepfather, Diamond was asleep in her bassinet when her two-year-old half-sibling ran into the room and somehow fell over the bassinet,” the report states.

The attending physician said that explanation didn’t jibe with the baby’s injuries, which “appeared to be the result of being shaken,” the report notes.

Doctors twice resuscitated the infant and placed her on a ventilator, Santa Monica police said. She spent the next six weeks on life support, which was removed Nov. 22, police said.

An autopsy supported the shaken-baby diagnosis and Hillman was arrested Dec. 7 after he attended Diamond’s funeral, police said.

The cause of death has been deferred pending further investigation by the coroner’s office.

“As a result of the circumstances surrounding Diamond’s death, the Department will perform a comprehensive review and analysis of our prior involvement with Diamond and her family,” the report said in part.

Social workers are trained to give extra consideration to the cases of children who are age 2 and younger, because they are considered the most vulnerable and the least likely to be observed by people outside the home.

Trish Ploehn, who heads the child welfare agency, would not say if social workers had been disciplined for their handling of Diamond’s case, but noted that such action is taken when warranted. Social worker error was a factor in 10 of the 14 deaths in 2008 among children with prior involvement with her department, Ploehn said earlier this year.

She declined to comment on circumstances surrounding Diamond’s death, which she called “a tragedy for our entire county.”

“The safety and the well-being of all children in Los Angeles County remains our highest priority,” Ploehn said in a statement.

One of the key issues under review, according to the internal report, is whether the department acted appropriately in keeping Diamond with her mother, who was still subject to monitored visitation with the older children, then 2 and 6.

Also under scrutiny is a decision by the department last February to place the 2-year-old with Hillman despite his criminal history, the report said. Hillman is the child’s biological father.

A search of Los Angeles County Superior Court records for Hillman turned up convictions for burglary, drug abuse and battery dating to 1998.

In 2005, he was charged with felony domestic violence but pleaded guilty to a misdemeanor count of battery, court records show.

A marijuana possession charge was dismissed.

The court file did not identify the battery victim, although the original felony charge was based on the alleged infliction of injury upon a “spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child.”

Hillman was sentenced to 30 days in jail and three years’ probation, and ordered to undergo domestic violence counseling, including anger management.

In 2006, he was kicked out of a “batterers treatment program” after missing four of six meetings, court records show.

The county report states that Diamond’s family had been the subject of six prior abuse and neglect complaints since 2004, when the oldest child, then 18 months old, was alleged to be hungry and living with her mother in a motel with no cooking facilities.

When a social worker could not find them, that allegation was deemed inconclusive .

Subsequent allegations of general neglect, sexual abuse and physical abuse in 2006, 2007 and 2008 involving the oldest child were all deemed inconclusive or unfounded, the report states.

In late January 2009, social workers substantiated allegations that the girl, then 6, had been physically and emotionally abused by her mother.

Besides striking her with a belt, the woman also had interfered with the girl’s relationship with her father, who was not Hillman, and had created “a detrimental environment” that caused her to act out aggressively.

The girl and her younger sibling were then taken from their mother and placed with their biological fathers.

When Diamond was born, the woman was “actively participating in court-ordered services and had nearly completed the required case plan activities,” the report noted.

So she was permitted to sign onto a “family maintenance plan” that allowed her to keep her new daughter at home, the report said.

“That agreement remained in place at the time that Diamond suffered the injuries that resulted in her death,” the report said.

kim.christensen@latimes.com

Times staff writer Garrett Therolf and researcher Scott Wilson contributed to this report.

SBI’s investigation into Cumberland County DSS regarding the Shaniya Davis Case (complete silence)

 
 

On December 4th, 2009, Cumberland County District Attorney, Ed Grannis and Fayetteville Police Chief, Tom Bergamine both requested that the SBI investigate the Cumberland County Department of Social Services, because they believed that DSS had failed to release complete records to them regarding their involvement with the Davis family.

 

Since that time, absolutely nothing has been heard regarding this investigation.  No findings have been released, no information made public…total and complete silence.

 

To read the rest of this article please visit the above link….

Cries for help for Jeanette Maples got no answer

 

http://www.oregonlive.com/news/index.ssf/2010/01/cries_for_help_for_jeanette_ma.html

 

By Susan Goldsmith, The Oregonian

January 02, 2010, 5:24PM

EUGENE — Many in this community were heartbroken last month when they learned that 15-year-old Jeanette Maples was killed, but few were surprised when authorities charged her mother and stepfather with murder.

For three years, people in Jeanette’s life tried to get child welfare authorities involved, to no avail. Her step-grandmother, a concerned parent of a friend and educators all called the state Department of Human Services because she was bruised, constantly hungry and said she had been beaten at home.

Though police and prosecutors have released few details about the case, citing an ongoing criminal investigation, Jeanette’s relatives, friends and former teachers say she died a horrific death at her Eugene home after being starved and abused for years.

Her mother, Angela McAnulty, 41, and stepfather, Richard McAnulty, 40, have been charged with aggravated murder as a result of “intentional maiming and torture.” Both could face the death penalty if convicted, and both have pleaded not guilty.

DHS officials won’t comment, because they’ve convened a critical incident response team review to examine how the agency handled the case. The internal inquiry is expected to wrap up this month.

“The CIRT investigation under way is aggressively reviewing all prior contacts with the family to find out what happened,” said Gene Evans, a DHS spokesman.

Jeanette, a quiet, dark-haired girl who sought refuge in books at her school’s library, tried unsuccessfully to hide her injuriesduring her middle school years, friends recalled. But many days when she got into her clothes for gym class, friends saw bruises on her abdomen and legs, which she said came from falling.

One classmate, Amber Davis, wouldn’t accept Jeanette’s explanations about her injuries and pressed her for the truth.

“She told me her mom was abusing her when we were in seventh grade,” said Davis, 15, one of Jeanette’s closest friends during her years at Cascade Middle School.

Davis told her parents and school officials about Jeanette’s bruises in 2007, and they contacted the state’s child welfare office in Eugene. Cascade Middle School officials, who didn’t want to be identified because of the ongoing investigations, say they contacted the DHS at least twice while Jeanette was a student.

Jeanette’s stepgrandmother, Lynn McAnulty, who lives in Leaburg and saw her grandchildren only occasionally, says she twice called child welfare authorities anonymously in six months to report abuse. At the funeral, grieving friends, their parents, teachers and family members said they trusted that social workers would rescue Jeanette, but they never did.

“It’s hard to understand. I told. Everybody told, and nothing happened,” Davis said.

Jeanette’s death follows five years of critical incident reviews into child deaths and serious injuries of youngsters who’ve had contact with the DHS. Twenty-one reports since 2004 identify a myriad of problems, including a failure to investigate and follow up on cases, inadequate documentation and lack of ongoing assessment.

“This agency cannot hold itself out as protecting children when they repeatedly fail,” said David Paul, a Portland attorney who has sued the department on behalf of 10 children. “I am tired of hearing they need new resources. They don’t need new regulations or a blue-ribbon panel. What’s needed is accountability and public oversight, and it’s just not happening.”

Signs of trouble

People who know Angela McAnulty, Jeanette’s mother, describe her as a high-strung and controlling woman who made little money, once lived in her car, and isolated her children from others.

In Sacramento in 1995, McAnulty lost custody of Jeanette, who was then 1 year old, and the girl’s two older brothers because of suspected abuse and neglect. The children’s father, Anthony Maples, was in prison for drug offenses and had little contact with his children.

In a phone interview, Anthony Maples said his two sons, Jeanette’s brothers, grew up in foster care after they wrote a letter to the family court judge overseeing their case pleading to not be sent back to their mother.

Jeanette spent 5 1/2 years in foster care in Sacramento before she was returned to her mother in 2001, Anthony Maples said.

By that time, Angela McAnulty, who was a cashier at a discount store, had another daughter. Sometime after being reunited with Jeanette, Angela met Richard McAnulty, a truck driver, and the two were married in 2002.

Angela and Richard had a son, and the family moved to Eugene in late 2005, according to Lynn McAnulty, Richard’s mother.

Jeanette started at Cascade Middle School in the middle of her sixth-grade year in 2006. Her mother sent her there in ratty sweatpants and an old yellowing T-shirt, and children made fun of her, her friends said.

Despite the teasing about her clothing and appearance, friends said, Jeanette loved school. She liked writing and reading poetry and being away from home.

But there were signs of serious trouble. Jeanette was constantly hungry, and each day when it was time to go home, her demeanor changed, friends said. She became sad, withdrawn and anxious. Her mother was strict, they said, and wouldn’t allow friends to call her or let Jeanette visit their homes or invite them over.

“Once the bell rang to go home, you could see she didn’t want to go,” said Karina Mora, 15, a friend from middle school who attended her funeral.

Amber Davis said Jeanette confessed that her mother beat her after Davis pushed her to explain the repeated injuries. She encouraged her friend to get help, but Jeanette feared that would enrage her mother.

“She got scared and said she didn’t want her mom to take her out of school because she thought things would get worse,” Davis remembered.

Davis then told her mother, Holly Sams, who called the DHS office in Eugene.

Sams said child welfare screeners downplayed her concerns and told her secondhand accounts of abuse were not sufficiently serious to send social workers out. So Sams told her daughter to enlist officials at Cascade Middle School, which she did.

One school official who asked not to be named and who spoke at Jeanette’s funeral said: “We cared about her. We did what we could, and we fed her.”

Stepgrandmother reported her concerns to state

After graduating from eighth grade in the spring of 2008, Jeanette was home-schooled by her mother. Friends and family say she was hidden away with almost no contact with the outside world while her siblings attended school and appeared healthy and happy.

Richard McAnulty was often out of town driving trucks across the country. Last summer he ended up in a California hospital for open-heart surgery. Angela McAnulty and the children showed up at the hospital.

Jeanette “looked bad, really thin, her hair had been chopped off, and she had a busted lip,” her stepgrandmother, Lynn McAnulty, said.

A few weeks later, McAnulty called the DHS to report suspected abuse. She didn’t give her name because she was worried her son and daughter-in-law would find out.

“I said I was a neighbor and told them to check on the kids and said the older girl is extremely thin, and they said they’d check into it,” McAnulty said.

In October, she was briefly allowed into the family’s home. Jeanette was inside, facing a wall because she was being punished by her mother. McAnulty tried to talk to Jeanette as her daughter-in-law hovered nearby. The girl was emaciated, and she had a split lip, the stepgrandmother said.

Angela McAnulty told her mother-in-law that Jeanette had fallen.

Lynn McAnulty left the house and said she again called the DHS anonymously to report suspected abuse. That was the last time she saw Jeanette.

On the night of Dec. 9, Lynn McAnulty got a frantic call from her son and daughter-in-law that Jeanette was cold and had stopped breathing. Lynn McAnulty said she screamed at them to call 9-1-1, which they did. The couple were arrested later that night after Jeanette was pronounced dead at a nearby hospital.

No official cause of death has been released. Detectives took away boxes of evidence, and Lynn McAnulty was given the grim task of cleaning out the house.

She found food padlocked in kitchen cupboards and a blood-spattered bedroom. She described the inside of the house as filthy, with junk and toys everywhere. Investigators urged her not to view her stepgranddaughter’s body.

“They all told me that I did not want to see this body because it was the most horrific thing they’d ever seen,” said McAnulty, who took their advice.

“Dropped into the abyss”

Even though the DHS investigation will not be made public for weeks, one child welfare advocate in Oregon is confident the agency is making important strides and diligently examining its mistakes.

“The leadership of DHS is finally willing to work with advocates and scrutinize themselves,” said Robin Christian, executive director of the nonprofit Children First For Oregon.

But she added: “The state is not making the kind of child welfare investments they need.”

Attorney David Paul isn’t convinced. After deposing scores of state child welfare workers and administrators and examining reams of internal agency documents, he says he does not believe any meaningful change will come from the inside.

“Trying to make this agency accountable is like trying to push a freightliner with a canoe paddle. They are interested in maintaining the status quo,” Paul said. “People call the hot line expecting something is going to happen, but you are dropped into the abyss without any rope.”

Lois Day, administrator for the DHS’ Office of Safety and Permanency for Children, said all calls about abuse and neglect are documented. She said if an allegation of abuse or neglect is made, department officials determine how quickly a family needs to be seen.

“Our response times are within 24 hours to five days,” Day said. “We have to document that a delay does not compromise the safety of a child.”

If a social worker goes out and determines abuse or neglect is not a concern, that is also documented, she said.

In Jeanette’s case, what steps the agency took after receiving calls won’t be known until its report is made public.

“The injuries on Jeanette were completely obvious,” Amber Davis said. “There’s no way anyone from the department could have seen her and said she was OK.”

– Susan Goldsmith

Iowa City Mom sues DHS for placing 5-year-old into Foster Care based on false allegations

 

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2010m1d6-Iowa-City-Mom-sues-DHS-for-placing-5yearold-into-Foster-Care-based-on-false-allegations#

 

Iowa City mom, Jessica Wilbur, has filed a civil lawsuit against the Iowa Department of Human Services for placing her 5-year-old daughter into foster care, based solely on the word and signature of the child’s non-custodial father, Robert Nino.

 

The lawsuit, which was filed in Johnson County District Court, alleges that Ms. Wilbur’s constitutional rights were violated by DHS director, Charles Krogmeier and DHS investigator, Paul Lafauce because of the circumstances under which they place her daughter into foster care. 

 

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

Child welfare worker found nothing amiss before baby death

 

http://www.lacrossetribune.com/news/state-and-regional/wi/article_234dd5ac-f690-11de-867e-001cc4c03286.html?mode=story

MILWAUKEE – A report from Milwaukee child welfare officials conflicts with a medical examiner’s report after the death of a 6-month old.

The body of Dekia Mattox was found Saturday stuffed under a mattress in her home. A 36-year-old Milwaukee man has been charged in her death.

The medical examiner’s report states the home had broken windows, empty alcohol containers and not much food. That matches what police have said.

The Bureau of Milwaukee Child Welfare had investigated the home seven weeks earlier but reported nothing out of the ordinary.

The bureau was reacting to a complaint that Dekia had scratches and cuts, but the child welfare worker said she found no marks.

Bureau director Arlene Happach said clearly something dramatically changed in the home.

A medical examiner’s report made available Tuesday confirms that an ongoing, long-term pattern of physical abuse led to the death of four-year-old Summer Phelps in March. KXLY4’s Jeff Humphrey reports.

http://olympiczone.net/?p=359

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