Wilkes County Department of Social Services HANDWRITING COMPARISON and Lies Exposed

 

HANDWRITING COMPARISON and Lies Exposed

Real Safety Assessment V. Falsified, Fake Safety Assessment and Irrefutable Proof of Wilkes County DSS Lies, Illegal Activities, Threats, Retaliation, and Unethical Behavior

 

By Lawdoll

An in-depth comparison of the only real DSS safety assessment Allison S. Baker ever conducted about us versus the fabricated, falsified, and forged safety assessment that Allison S. Baker created to make it appear she had performed her duties as required by law.  I have included pictures of the documents in question.  Also contains some of the lies and documentation that proves those lies, threats, illegal and unethical behavior, and intimidation.

The first thing that needs to be stated is that we reported the mother for abuse and neglect on August 15, 2006 and the report was accepted that same day.  We were not the only persons who reported this mom, there was another report of abuse received and accepted on August 10, 2006, that we did not make.  Allison Baker was assigned to our report August 16, 2006, but she did not begin investigating the abuse and neglect until the middle of October.

The retaliatory “child abuse and neglect” report that was used as the excuse to begin an investigation on us October 25, 2006, was received by Surry County DSS (the county we reside in) on August 16, 2006.  This report was made the same day the mother was informed during mediation that we had made a report of abuse against her.

Surry County DSS screened this report out because, IT DID NOT MEET THE STATUTORY DEFINITION OF ABUSE OR NEGLECT, required to initiate an investigation.

Wilkes County DSS, apparently, after we complained about them in late October, obtained this report from Surry County DSS, over two months later, and screened it in.

The first time Allison Baker even hinted at investigating us, and I had contact with her constantly, was during a phone call on October 25, 2006.  During that phone call, Allison Baker began asking me a lot of questions, such as social security numbers and the like.

This call is recorded so I can prove that this is the date that she began investigating us.

This vindictive investigation, which began precisely two days after I called Phyllis Fulton in Raleigh and complained about the Wilkes County Department of Social Services and their failure to perform their duties as prescribed by law and protect my stepdaughter, supports our assertion that it was began as a means to discredit, intimidate, and malciously prosecute us in retaliation of our valid complaints against them.

When we met with Allison Baker October 27, 2006, she had in her possession this screened out report from Surry County DSS, which said idiotic things:

• Trees growing in our gutters
• Poison Ivy in the yard
• Dirty dishes in the sink
• My stepdaughter woke up with a rat on her chest

Absolutely crazy stuff like that.

Allison Baker had already seen video of our home, which documented August 4, 2006, and up, and remarked about how clean it was and how nice our daughter’s room was.

Furthermore, if she had already performed a Safety Assessment on us August 17, 2006, why would she need to ask all of these questions, which should have been asked when she performed the safety assessment? 

She had never performed a safety assessment, she had never been to our home and did not come to our home until December 9, 2006.

She NEVER went to the mother’s home, who our report of abuse was on, until the middle or end of October either!  We know this, because the mother moved in September 06, but the only house Allison ever visited was her new residence. Remember our report of abuse was made and accepted August 15, 2006.  I am positive if a comprehensive investigation was conducted falsified documents and forgeries would be found concerning the biological mom, and the other daughters father and stepmom as well.

A significant fact that must be noted is, if our house was this bad, then why was an investigation never commenced about the 3 children that LIVED in our home FULL TIME? 

Neither Wilkes County DSS, nor Surry County DSS ever opened an investigation or case on us concerning the 3 children who lived in our home 7 days a week, 24 hours a day, 365 days a year.

These 3 children are not mentioned on any of the paperwork, safety assessments, risk assessments, case plan, nothing.  The three children living in our home were never talked to, or interviewed, nor was any CPS Assessement or investigaion of any form ever conducted regarding them… period. 

Although according to North Carolina DSS Policy they were supposed to.

 “Based on N.C.G.S. § 7B-302 (b), all children living in the home, in a non-institutional setting, shall be considered as alleged victim children when there is any allegation of abuse, neglect or dependency. Therefore, initiation of a CPS Assessment includes face-to-face interviews with all children living in the home.”

There is ample evidence that proves the sole purpose of the Wilkes County Department of Social Services investigation of us was far outside the scope of their duties, and a complete abuse of their power. 

Wilkes County DSS abused their power and unlawfully and maliciously targeted us as a means to discredit our valid complaints against Wilkes County DSS, to intimidate us, to shut us up and to cover up WCDSS’s failure to perform their duties by law and protect a child that was being abused and neglected by her mother.

Wilkes County DSS threatened us with foster care for my stepdaughter, thereby ensuring our compliance with their law breaking, through intimidation.  We had no choice but to comply with their illegal and unethical activities, it was abundantly clear that to do otherwise meant having the child, WE WERE NEITHER ABUSING OR NEGLECTING, needlessly placed into foster care.

Even when faced with overwhelming evidence of abuse and neglect my stepdaughter and her sister were enduring by their mother’s hand…  (Not my husband’s or the father of her other child), the Wilkes County Department of Social Services, ignored that evidence and instead focused solely on discrediting and persecuting us.

They ignored the mother’s noncompliance, lies, and the abuse and neglect of two little girls, so they could teach us a lesson, for speaking out about their initial failure to investigate an accepted report of abuse in the manner and time constraints required by law.

Wilkes County Department of Social Services instituted a malicious investigation against us, without good cause, they falsified records, forged my husband’s signature, discriminated against my husband for being male and the father, lied in assessments and their records, lied to the judge, the psychologist, threatened and intimidated us, abused their power, and neglected their legally duty.

 And then when all of their lies, fabrications, threats and intimidation, illegal and unethical behavior still failed to give them ammunition against us, and after, wrongly and illegally, trying to substantiate against us for serious emotional neglect, they created a new type of neglect and substantiated against us for that.  Injurious environment, parent’s inability to get along, a finding that does not even exist, a finding so far removed from the statutory definition of any type of abuse or neglect that it should have been found invalid the moment they used it, a finding that is so vague that every person in the world could be substantiated against for it.

With the evidence that we have, that proves what Wilkes County DSS did to us, my stepdaughter, her sister and her sister’s father and stepmom, the fact that not one government official will do anything demonstrates the lack of total accountability DSS faces, even when they commit felonious criminal acts.

Handwriting Analysis

•  This is a comparison of the handwriting on the REAL and ONLY safety assessment, dated December 9, 2006 Allison Baker ever did on me and my husband (Top) and the Fabricated, falsified, and forged one that was created to make it appear she had done one on us, when she had not, dated August 17, 2006.  You can clearly tell these are written by the same person.

• Again, this is a comparison of the handwriting on the REAL and ONLY safety assessment, dated December 9, 2006 Allison Baker ever did on me and my husband (Top) and the Fabricated, falsified, and forged one that was created to make it appear she had done one on us, when she had not, dated August 17, 2006.  Furthermore, I have no idea where the spanking allegation came from, neither one of us had ever spanked her.  Just another lie.

 

 

 

•  Below  this is a comparison of the signatures on the REAL and ONLY safety assessment, dated December 9, 2006 Allison Baker ever did on me and my husband (Top) and the Fabricated, falsified, and forged one (bottom) that was created to make it appear she had done one on us, when she had not, dated August 17, 2006. 
•  I was the only one home on August 17, 2006, David was at work, I will post his work record following this comparison, and you can see for yourself that on the day in question David worked 10 hours at LP.  Note that my signature is missing, David’s signature is different on these documents, and the only ones that look the same are Allison Baker’s and Mary Henderson’s.  The signature for David in the signature section on the bottom is forgery.

David did not sign this document and this safety assessment NEVER OCCURRED.

 

 

Work Record

 

• This is a copy of David’s work record for August 17, 2006, the day that Allison Baker claims to have performed the August 17, 2006 safety assessment on, impossible to do since David was at work for 10 hours that day. 

 

Personal Records

• I kept meticulous records; this is the August 2006 record.  Note that we made our report August 15, 2006, but there was a previous report made August 10, 2006 on the mom that we did not make.  
•  Note On August 15, 2006, the custody hearing was postponed, “Court postponed.  Turned Tammy in, Allison Baker assigned to case.”
• August 16, 2006, my stepdaughter finally had an appointment with Dr. Weinstein in Wilkesboro after two cancelled dentist appointment by her mom. She had new cavities that she did not have when she saw our dentist and had two teeth extracted on July 3, 2006. Court ordered mediation orientation between David and Tammy from 3-5, this is where David informed the Mediator about our report of abuse to DSS.  Special Note…  After this meeting is when Tammy made the report of abuse about us to Surry County, it was received August 16, 2006.  August 17, 2006 The ONLY note on this date is about my stepdaughter’s sister not being seen by the dentist again!  No visit to our home by Allison Baker, no safety assessment, nada.
• Also, note the continuous missed dentist appoints by both girls in their mothers care. In addition, note my contact with our insurance company verifying how much they would pay toward fixing my stepdaughters teeth.  We had insurance.  On August 11, I talked to the moms Medicaid worker who informed me that my stepdaughters Medicaid expired July 31, 2006…after having it continuously for her entire life.  (What a coincidence) Debbie Perry also informed me that the mom had never turned in David’s insurance information and that she was reporting her for Medicaid fraud.

Other Signatures

Scanned copy of David and my organ donation cards that we signed in 2004.  Please note David’s signature on both.  David has never signed his full last name the entire, almost 12 years I have known him.  I even have his high school senior shirt from 1998 and it is the same on it as it is here, just a little scribble.

• Below David’s signature on his driver’s license issued in 1999.

 

 

• David’s signature on his driver’s license, 10 years later this driver’s license was issued on November 17, 2009.  David has consistently signed his last name the same way for years…he does not write out his last name, but makes some form of N swoop.

 

• David’s signature on the “In Home Family Services Agreement” signed January 1, 2008.

 

(I changed my mind about Linda Brookes after reading the lies she wrote to Judge Byrd)

I can and have consistently proven that the signature on the safety assessment dated August 17, 2006 is not David’s. 

I have consistently shown and proven that David has signed his name the same way throughout his entire adult life.

I have also shown that the handwriting on both documents is consistent with Allison Baker’s, and that the signatures of Allison Baker and Mary Henderson match on both documents. 

It is obvious and clear that either Mary Henderson or Allison Baker forged David’s signature on the falsified safety assessment. 

There is more than adequate evidence to support that this safety assessment never occurred. 

Beyond a Reasonable Doubt

First, we have David’s work record showing that on August 17, 2006, he was at work for 10 hours at LP.

Then, according to North Wilkesboro Police Detective, Chris Handy, there is the absence of our name and information on Allison Baker’s Worker Daily Report of Services to Clients, form DSS 4263.

The DSS 4263 form is required to be filled out daily and turned in weekly and records every service and activity performed, for payment and is absolutely, necessary for federal reimbursement.  Not only is this document required, it must be certified by the worker.  The fact that our name does not appear on the DSS 4263 form alone is proof enough.

When you combined the two, you have irrefutable, documented evidence that for this safety assessment document to exist a felony was committed…because it did not come into existence under legal means.

Since this safety assessment was fabricated, proving who forged David’s signature is not necessary in order to prosecute Allison Baker, Mary Henderson, or other personnel at the Wilkes County Department of Social Services who may have had knowledge of its creation or participated in covering it up after the fact.

Why, in spite of all of this evidence and documentation, charges were dropped against Allison Baker in this case…CITING not enough evidence,  could it be because her grandfather, Glenn  Johnson, was a Wilkesboro Commissioner for 26 years?  

And why charges were never brought against Mary Henderson should be a matter of deep concern, as well?

Furthermore, why has an investigation about the conduct of the Wilkes County Department of Social Services in regards to us, and in the face of this evidence NEVER OCCURRED?

Why, in spite of all of this evidence and documentation, charges were dropped against Allison Baker in this case…CITING not enough evidence, and why charges were never brought against Mary Henderson should be a matter of deep concern, as well.

Frankly, when you considered the fact that the former, Wilkes County DSS Director, James (Donnie) Bumgarner and the current Director, Bill Sebastian were and are aware of this and have been since it occurred, alarm bells should be ringing loudly in your head. 

Tellingly, neither one has asked local or state law enforcement to conduct an investigation.

 Neither one has removed the substantiation against us that was based on the lies, false documents, forgeries, illegal and ethical behavior; it should make anyone reading this question their motives for allowing such a travesty to continue.

 I believe Donnie Bumgarner was involved in this forgery and falsification and/or at the very least, covered it up.

In fact, many government officials were contacted about this issue and all of them failed or refused to do anything.

People who have been made aware of this illegal and unethical behavior include.

• Renae Steele, Caseworker, Wilkes County Department of Social Services
• Nikki Hull, Caseworker, Surry County Department of Social Services
• Linda Brookes, Caseworker, Wilkes County Department of Social Services
• Mary Henderson, CPS supervisor, Wilkes County DSS
• Sonya Freeman, CPS supervisor, Wilkes County DSS
• Donnie Bumgarner, Former Director, Wilkes County DSS
• Bill Sebastian, Current Director, Wilkes County DSS
• Dr. James D. Powell, (who went right along with DSS’ lies)
• Matthew Levchuk, Assistant District Attorney, Wilkes County (who believed the lies told to him by Wilkes County DSS)
• Charles F. Bauer, Assistant District Attorney, Wilkes County (who dismissed the charges against Allison Baker for lack of evidence.)
• Keith Elmore, Wilkes County DSS Board Chair
• Rudy Holbrooke, Wilkes County DSS Board member
• Ken Noland, Town Manager, Wilkesboro, NC
• Lanier Cansler, North Carolina Health and Human Services Secretary
• Dempsey Benton, Former North Carolina Health and Human Services Secretary
• Sherry Bradsher, North Carolina DSS director
• Joann Lamm, North Carolina DSS Deputy Director
• Ellen Thomas-Pullen, Child Welfare Services Consultant
• Former North Carolina Governor, Mike Easley
• North Carolina Governor, Bev Purdue
• Chris Downing, Region IV Director
• Carlis V. Williams, Region IV Administrator
• Ruth Parker, Regional Program Manager, Region IV, Administration for Children and Families

And many others.

Not one of these people did anything about the law breaking, discrimination, malicious persecution of me and my husband for trying to protect a child…, which WAS the only thing we did.

Not one of these people stood up and tried to enforce the laws of this state, nor did any of them take any steps to protect these children by ensuring that the Wilkes County Department performed its statutory duty.

Not one of these people cared about the children who were being harmed while WCDSS continually harassed us, persecuted us, violated welfare policy and broke the law.  NOT ONE!

Even when faced with the damning evidence I have shown in this document, these people ignored it and allowed this travesty to continue.

Honestly, if these government officials were upstanding, honest, people you would think that when faced with this type of evidence they would do what is right or at the very least ask for an investigation.

The only person who tried to stand up for what is right and enforce the law was Chris Handy, North Wilkesboro Police Detective (who tried to seek justice, but was blocked by ADA Bauer)

We did not do the things that Wilkes County DSS lied about.

Threats

When we stood up to them, my life was threatened on www.gowilkes.com, a public forum.

• You best be glad you live out of the county.
• I know what your “REAL NAME” is.
• Be careful and don’t cut your own throat.
• You will be dealt with, and just as the same in your case, this is the “END”!

And still nothing was done! 

Then after my stepdaughter’s mother died, on the same public forum, another person who clearly worked at Wilkes County Department of Social Services accused me of killing her.

This person also talked about statutory protected confidential DSS information, for even if it is not true, it is still confidential.

Again, nothing was done.

We are the victims in a series of crimes committed by The Wilkes County Department of Social Services and the fact that no one will step up and do what is right, just enables WCDSS to continue to break the law and do this to other people.

Investigation Needed

An investigation desperately needs to occur in this case…and the wrong that has been done to us corrected… in order for that to happen, an extensive examination of the department and persons involved must be conducted.

• First and foremost, my husband and I must have access to the Wilkes County case file on us, so that we can view the contents and expose the lies, forgeries, and unethical documents, notes, and assessments, among other things, that are hidden behind the confidentiality laws that protect DSS case files from view, even when they have broken the law.
• The Wilkes County Department of Social Services and its DSS board members need to be investigated.
• The substantiation against us needs to be removed and our names cleared.
• The Wilkes County District Attorney’s conduct and refusal to prosecute, despite having adequate evidence to do so, needs to be investigated.
• Charges need to be pressed against the person/persons who committed these crimes.
• Most importantly, Charges need to be press against the Wilkes County DSS for failing to protect these two little girls.

To be clear

The Wilkes County Department of Social Services, in retaliation for our criticism about their unscrupulous conduct and dereliction of statutory mandated duties to protect children, invented a reason to investigate us, and created a fictitious abuse and neglect case against us, with the intention of discrediting, intimidating, and silencing us. 

When their harassing and vindictive, examination of us failed to uncover any abuse, neglect, or dependency being committed by us, they conjured a statutory nonexistent neglect finding out of thin air, so they could cruelly, spitefully, and callously brand us as child abusers.

After WCDSS vindictively substantiated against us, they continued their unlawful, harassing, and needless invasion in our lives forcing us to comply with whatever they “recommended” by threatening to place my stepdaughter into foster care if we bulked.

Some of the lies

They created an In Home Family Services Agreement that contained ignorant and useless findings, which did not remotely meet the definition of abuse, neglect, or dependency.

1. 1.  David was to provide basic insurance as directed by the child support agency, so cost would not be a reason to deny dental care.

• When her mother neglected her dental care, and allowed her teeth to get so decayed that two of them had to be extracted, David had insurance on his daughter, the mother had insurance on her, and the mother had her on N.C. Medicaid.  Lack of insurance was not the reason her mother denied her dental care.  Neglect by her mother was the reason for the denial of dental care!
• Not having insurance is not neglect or abuse, but besides that point, the only reason David did not have insurance on his daughter at this time was because he had lost his job, because of DSS, and their inability to attend appointments, for example:
• When we were scheduled to meet at Dr. Powell’s for the “evaluation” meeting, DSS did not show up so it had to be rescheduled.  David had to take off for the meeting because of DSS negligence to attend, then turn around and take off again for the rescheduled appointment, that DSS, specifically Renae Steele was an hour and a half late to.
• DSS was order by Judge Byrd after he was notified that we had made a report of abuse, to submit their findings to him.  DSS, failed to investigate the reported abuse in the manner prescribed by law for 2 and a half months, then drug their feet for almost 2 years.  David would have to miss work to go to court, only to have it postponed because DSS had not sent the Judge their findings.

1. 2.  David and I were required to make the child custody exchanges that were taking place “be as amicable as possible, with no heated exchanges.

•  David and I always made the exchanges as “amicable” as possible.  When the mother screamed, yelled, and cussed at us, we did not even respond.  We recorded the custody exchanges to ensure that the mother could not lie about our behavior and to document hers.  DSS ignored this proof and lied about us.
• Heated exchanges, bitterness, and verbal hostility are not abuse or neglect furthermore, David I NEVER engaged in them, proven by recorded phone calls and video recordings of the exchanges.

3.  The parents were required to take the girls to counseling. 

• First, David and I had been trying to get counseling for his daughter for years, because of the abuse and neglect concerns we had in regards to her mother’s treatment of her.
•  Second, Dr. Powell their own “Forensic Psychologist” said the girls did not need counseling.

 The entire In Home Family Services Agreement was a complete and total sham of statutorily insufficient findings, a ruse for their continued illegal involvement in our lives.

Furthermore, they lied in the Strengths and Needs Assessments, the Risk Assessments saying that “minimally participated in pursuing objectives in service agreement”.  This is an outright lie.  WE always complied with anything and everything that they asked us to do. Even with the knowledge that they were illegally persecuting us. Further lies include:

• For the Risk Reassessment dated 11-07-07 it states as a reason for Discretionary override: “age and previous report static but not pursuing all goals outlined in cft of 9-11-07”…there was no cft on 9-11-07, or 11-07-07 the cft wasn’t completed until 1-08-08 two months later.
• On this assessment we had a total score of 3, mainly just because of this lie.  This is just them trying to justify leaving this case open against welfare policy.
• They use the same override reason on 3-27-08, but in this one they do not mark R8 and R9 with (b) Minimal participation in pursuing objectives in service agreement…….1…So I guess basically the only reason it was left open then is my husband’s age.  Under 29…we had a 1 on this reassessment.

Then suddenly, out of the blue, they closed the case even though the one and only circumstance that had to be met to “keep the child out of foster care” according to the In Home Family Services Agreement, had not been met.  It was so important for my stepdaughter to go to counseling that they threatened foster care if she did not, but then closed the case before the required 3 sessions, THAT THEY REQUIRED, had been completed. 

This speaks volume to their true intent and purpose.

We then received a letter from Linda Brooks that stated:

MONITORING HER CARE FROM HER MOTHER!

This letter from Linda Brooks is a direct contradiction to the one that she wrote, that same day, May 14, 2008, to Judge Byrd, in that letter, Linda Brookes lies about the entire situation, case, and us.

Letter to Judge Byrd page 1 and 2

Conclusion

From beginning to end, every step that the Wilkes County Department of Social Services made in our case was either, illegal, unethical, untrue, or in violation of statutory law.

Since the entire case was based on falsified, forged documents, lies, as well as unlawful and unethical conduct, any substantiation or case decision reached by them is unduly prejudicial and fatally tainted. 

A decision based on lies, is a lie itself, for the truth cannot be discovered with lies.

Wilkes County Department of Social Services behavior in our case denotes a willful, malicious, and conscious intent to deceive, invent, and lie in order to harass, harm, intimidate, and discredit us.  Their persecution of us was a calculated, deliberate, and purposeful act, a wanton abuse of power that served no legal purpose.

Our case is so illegally tainted with lies, fabrication, embellishments, falsified and forged documents that it is wholly unreliable, and should be considered a work of fiction.  The only truth that could ever be ascertained from the Wilkes County DSS file on us is that it is necessary to verify the corruption in this case.

Allowing the substantiation against us to remain, in view of this indisputable evidence, is a travesty of justice.

Failing to seek prosecution of these criminals, allows them to continue to operate in this unlawful manner, puts families at risk, and endangers the lives of children.  Failing to take legal action against the Wilkes County Department of Social Services enforces their belief, as evidenced by their behavior in our case, that they are untouchable, above the law, and can do whatever they want because they will never be held accountable for their crimes.

They will do it again…if they have not already, and eventually a child is going to lose their life because of the rampant, unchecked, corruption of Wilkes County DSS.

 The unjustified treatment and criminal manner in which we were subjected to has left a scar on our lives.  The bogus, unlawful substantiation placed on us can prevent us from working in a daycare, or with children, prevent us from adopting or being foster parents…it can and does impinge on our lives.

 To allow this illicit, unethical, and fictitious case and phony finding to remain against us, despite the overwhelming facts attesting our innocence in this matter, harms not only us, but also the entire community and damages the public trust in Child Protective Services.

If CPS is permitted to behave in this manner without consequences, or accountability, why would anyone trust them to protect children?

Wilkes County Department of Social Services has proven with this contemptible behavior that they are unreliable, untrustworthy, criminal, and corrupted; they are more concerned with protecting themselves then the children of Wilkes County.

It would injudicious and foolish to assume that our family has been the sole victim of their corruption.

*This document does not contain everything that happened, I have complete documentation and records of everything that occurred, if you received this via email then those records are attached, if you are seeing this one line then those documents are below this posting.

I have other evidence that proves our claim, if I have emailed this to you, that evidence is attached.  If you are reading this one line, then that evidence is below this posting.  I have not finished uploading all the phone calls on to my computer, but when I do, they too will be sent or posted.

You can see the rest of this story and more documentation at Wilkes County Department of Social Services Failure to Protect my Stepdaughter

Incompetence, ignorance, or willful failure to protect a child?

The following is a message that was left on my answering machine October 24, 2006.

Hal Wilson to Phyllis Fulton  <<<< Click this link to hear.  (left on my answering machine)

*I did remove the child’s name from this audio recording!

In it Oscar Howard “Hal” Wilson III,  a Social Worker Supervisor at the Wilkes County Department of Social Services called our home, believing that he was calling Phyllis Fulton in Raleigh. During his lengthy message to Ms. Fulton, which he left on our home answering machine, he released my name as the reporter, the child’s name, and basically admitted that it was improbable the child received all of these bruises from a haunted ‘hay ride, but…’ He also said that they were going to advise me to make another report. A report that I was later criticized for making.

The level of incompetence required to make this phone call and then leave this message is astounding..  

First, “Hal” had to dial the wrong number,  Phyllis Fulton’s area code is 919, mine is 336, a huge difference.  Mr Wilson should have realized he was dialing a local number,  since Wilkes County’s area code is also 336.

Next, my answering machine, at the time, clearly indicated that “you have reached the Nixon family“.  NOT Phyllis Fulton at the North Carolina Department of Health and Human Services.

Third, Hal then proceeds to break the law.  He releases the child’s name, (which I removed from this copy of the recording) then the reporters name on MY ANSWERING MACHINE.  

Hal Wilson had no clue who he was talking to, no idea who would hear this message.

But as a social worker supervisor, he should have!

Finally, He admits, “We kind of surmised, after hearing the child had been out on a hayride, we thought well maybe she could  have gotten some bruising from that “although its improbable“ but the child’s age was taken into consideration….”

The last time I checked, which hasn’t been long, the North Carolina General Statutes does not say that DSS and the Director are only required to investigate and accept reports, where the child is saying something “adverse” has happened to them.  

Nor does it say that DSS is allowed to listen to the concerns of the reporter and just ASSUME that the bruises or injuries happened in an accident.

…and that is not what he says here, he basically admits that it is improbable that she received the bruises on the “hay ride” but they chose not to investigate the report based on their own conclusions, without ever talking to the child or viewing the bruises! (it wasn’t a “hay ride” at all, but a haunted trail, that she was carried through by her daddy…and no injuries occurred there! DSS was informed of this at the time of the report!) 

Of course, Hal’s statement in this phone call does not say that they believe “the child received the bruises by accidental means, Hal’s statement in this phone call says, although we believe it is improbable that this child received the bruises during a “hayride”, we aren’t going to investigate this report. 

So they believed that this child received these bruises some other way, other than a hayride, possibly from abuse, but they were not going to investigate it because the child DID NOT state she was being abused!

…and while the child had not stated that anything adverse had happened to her, she had not stated that anything adverse HAD NOT happened to her either!

I did not question her about the bruises, because I did not want to take the chance that DSS would then say that I coached her, or put ideas into her head!

I did what I was told to do, if the child came to our home with unexplained bruises I was supposed to call Allison Baker, which I did, but she refused to come to our home and talk to the child and see the bruises…and instead told me to call the “on call worker”, who refused the report.

In the letter that I received explaining why the report was not accepted, the reasons given is, “the child is nine years old and is not stating that anything adverse has happened to her.”

Refusal does not fit the criteria required for the report to have been screened out and not investigated.

It further states “Allegations do not meet CPS criteria”

Yet according to Chapter VIII:Protective Services 1407 – STRUCTURED INTAKE  a report of abuse is supposed to be screened using the following tools, (I have placed only the ones that apply to this case here) : 

VI. MALTREATMENT SCREENING TOOL AND PROCEDURES

The purpose of the screening tools is to determine which reports meet the legal definitions of abuse, neglect and dependency and to aid in achieving consistency in regards to the screening of CPS reports.

Which cases:	The screening tools are to be utilized with every CPS report received in order to determine whether the allegations meet the legal definitions of abuse, neglect and dependency. If the information received meets the legal definitions; a CPS assessment is required. This includes telephone calls and all other means of referral, and includes information on new families and families already known to the agency; whether or not a case is open to CPS Assessments/Investigations, CPS In-Home Services or Child Placement Services.
Who:	Every staff member who has the responsibility for CPS intake.
Decision:	Screening tools determine whether the report should be accepted for CPS assessment. This is a joint decision made with the CPS Intake social worker and the supervisor.
When:	Screening tools are consulted immediately upon receipt of the report.
Appropriate Consultation:	Please refer to the definitions page for each screening tool. The tools correspond with the abuse, neglect and dependency statutes. The corresponding screening tools for abuse reports include: physical injury, cruel/grossly inappropriate behavior modification, sexual abuse, emotional abuse, and moral turpitude. The corresponding tools for neglect reports include: improper care, improper supervision, improper discipline, abandonment, improper medical/remedial care, injurious environment, and illegal placement/adoption. The directions provide case examples but are not all-inclusive. It is impossible to account for all incidences of child abuse, neglect and dependency. These tools are guidelines to assist in the decision making process. The social worker should consult each tool as it corresponds to the allegations. Every allegation made by the reporter requires an examination of the corresponding screening tool. It is likely that a reporter will allege maltreatment which requires an examination of multiple screening tools. It is crucial to evaluate each allegation based on the statutory definitions of abuse, neglect and dependency, and consulting the Maltreatment Screening Tools serves this purpose.

“A. Physical Injury Screening Tool Directions

Is the parent/caretaker causing serious non-accidental physical injury which creates a substantial risk of death, disfigurement, or impairment?

Fractures, subdural hematoma, dislocations, sprains, internal injuries, burns and inflicted injuries such as extensive welts, bruises, lacerations and abrasions would be indicative of abuse. The specific injuries listed are not intended to be an all-inclusive list, but are an indication of information that does warrant an Investigative Assessment. There may be instances where a child has bruises that do not rise to the level of abuse, but are considered improper discipline (refer to Improper Discipline Maltreatment Screening Tool), as well as situations where there may be bruising and there is no abuse or neglect. Physical abuse of a preschool aged child or a developmentally disabled child requires an immediate response.

The physically injury screening tool for use in assessing a report of physical abuse.

I. Improper Discipline Screening Tool Directions

Is the parent/caretaker using corporal punishment that results in any type of injury, cuts or extreme bruises?

...significant trauma and tissue damage, such as bruises, welts, or lacerations may be signs of child neglect (inappropriate discipline) or child abuse, depending on the extent of the injuries. Factors to consider regarding bruising include: location and severity of the injury, child’s age and developmental stage, and whether the bruises are consistent with normal play. Injuries such as these, not resulting from an accident, must be assessed. A definition of significant trauma is any injury beyond temporary redness of the skin. A practical guideline to use is that any inflicted injury which lasts more than 24 hours constitutes significant injury and requires an investigation. (PEDIATRICS, Vol. 110 No. 3, September 2002, American Academy of Pediatrics.) A reporter’s knowledge that this was the parent’s first time inflicting such an injury or that the injury is just a small bruise does not impact screening. Spanking and corporal punishment should be confined to the buttocks or legs and should not result in injury, scarring or bruising. Physical discipline that is administered to a child’s head or torso area presents a greater risk of injury. The child’s age and abilities are relevant to whether the discipline used is reasonable…”

Improper discipline screening tool for use in assessing abuse/neglect

If the appropriate response is in doubt, the social worker should respond in the most protective way.

Yet even though, Hal Wilson, thought it was improbable that the bruises occurred during a hayride, and knowing that this child had a hand shaped BRUISE on her inner thigh, and bruises on her stomach (a very dangerous area to hit) as well as other bruises…he chose to screen out this report of abuse because the child did not say she was being abused!

This is not how you investigate reports of child abuse, this is how children end up dead!

A look at the law…

“§ 7B‑302.  Assessment by director; access to confidential information; notification of person making the report.

(a)        When a report of abuse, neglect, or dependency is received, the director of the department of social services shall make a prompt and thorough assessment, using either a family assessment response or an investigative assessment response, in order to ascertain the facts of the case, the extent of the abuse or neglect, and the risk of harm to the juvenile, in order to determine whether protective services should be provided or the complaint filed as a petition. When the report alleges abuse, the director shall immediately, but no later than 24 hours after receipt of the report, initiate the assessment. When the report alleges neglect or dependency, the director shall initiate the assessment within 72 hours following receipt of the report. When the report alleges abandonment, the director shall immediately initiate an assessment, take appropriate steps to assume temporary custody of the juvenile, and take appropriate steps to secure an order for nonsecure custody of the juvenile. The assessment and evaluation shall include a visit to the place where the juvenile resides, except when the report alleges abuse or neglect in a child care facility as defined in Article 7 of Chapter 110 of the General Statutes. When a report alleges abuse or neglect in a child care facility as defined in Article 7 of Chapter 110 of the General Statutes, a visit to the place where the juvenile resides is not required. When the report alleges abandonment, the assessment shall include a request from the director to law enforcement officials to investigate through the North Carolina Center for Missing Persons and other national and State resources whether the juvenile is a missing child.

(a1)      All information received by the department of social services, including the identity of the reporter, shall be held in strictest confidence by the department, except that:…”

No where in the law does it state that the department of social services is to listen to the report and then JUMP to conclusions about how the bruises occurred!

Nor does the law state that the only reports that will be accepted and investigated are those where the child is saying that someone abused them.

Furthermore, there is no age limitations for investigating a report of abuse, meaning the age of the child does not matter, they are supposed to investigate reports of abuse of any child under the age of 18, who is not married, emancipated, or a member of the armed forces.

 If DSS receives a report of abuse saying that suspected abuse is happening to a nine year old, whether that nine year old is saying it is or not, they are required by law to investigate that report.

Unexplained bruises, some of which look like a hand print fit the criteria of suspected abuse and should be accepted for CPS investigation.

That is not what happened here.

And because that did not happen here, because of the obvious incompetence of this supervisor and the Wilkes County Department of Social Services, this child was left in the care of her mother, and the abuse was allowed to continue, while DSS turned their focus to shutting us up with a malicious, unethical, and illegal investigation!

The failure of the Wilkes County Department of Social Services to protect the child in this case, especially in light of their belief that it was improbable that the bruises occurred by accidental means, constitutes willful failure to follow the laws of North Carolina and America, as well as willful failure to protect a child from abuse.

I believe that breaking the law is a criminal offense, so why haven’t these people been charged with the crimes they committed?

Father files lawsuit in Swain County NC: Names key personal at DSS and DA, among others

Swain County father, Michael Shannon, has filed a civil lawsuit alleging that the civil rights of him, his daughter, and his father have been violated by key personnel in local and state government.

The lawsuit filed August 15, 2011 in the Swain County North Carolina Superior Court, names Michael Shannon, his father, Scott Shannon and his Daughter, Sierra Shannon as the Plaintiff’s and names the following as some of the Defendant’s.

•  Michael Bonfoey, District Attorney, Swain County, North Carolina
• Lanier Cansler,  Secretary of the North Carolina Division of Health and Human Services. (click the link to find more stories of Lanier Cansler on this blog)
• Patrick Betancourt,  Director of Child Protective Services, North Carolina. Department of Health and Human Services.
• Tammy Cagle, Director of the Swain County Department of Social Services (Tammy Cagle was fired for  insubordination and conduct unbecoming of a state employee detrimental to state service during an investigation into the death of 15 month old Aubrey Kina-Marie Littlejohn)
• Jerry Smith, Interim Director of the Swain County Department of Social Services
• Justin Green, counsel to the Swain County Department of Social Services
• Ellen Thomas-Pullen,  Child Welfare Services Consultant with the North Carolina Division of Health and Human Services
• Aaron Ammons, Officer of the North Carolina Highway Patrol.
• Swain County Commissioners
• Swain County Department of Social Services Board

The lawsuit alleges, among other things, accounts of government corruption so all encompassing that I believe an SBI investigation into this matter is desperately warranted.

This corruption includes, but is not limited to:

• Failure to obey a custody order,
• Failure to obey a judges order to pick up a child,
• Wrongful arrest,
• Malicious prosecution,
• Placing a child in a dangerous environment
• Allowing a child to be abused and neglected
• Failure to obey statutory law
• Failure to protect
• Kidnapping
• Child abduction
• Perjury
• illegal and unethical practices

The Swain County Department of Social Services has been the subject of an intense investigation into their involvement in the death of 15 month old, Aubrey Kina-Marie Littlejohn.  Social Worker, Craig Smith, falsified his records after Aubrey’s death, so it would appear that he followed the laws and policies during an investigation into the suspected abuse of Aubrey.  According to The Citizen Times, When investigator’s informed Smith that they knew he was lying,

“Smith then told the investigators that he was instructed to falsify the records by his supervisor after Aubrey died to show that he followed up with a call to the hospital.

He said he was later called to a meeting with his supervisor, Candice Lassiter, other agency officials and DSS Director Tammy Cagle.

They questioned him about his investigation at the Powell home. Cagle, according to the court papers, told Smith “we have to get everything in order and everything straight.”

The director, Tammy Cagle who is listed as a defendant is Shannon’s lawsuit, was fired  for insubordination and conduct unbecoming of a state employee detrimental to state service, for her apparent involvement in the falsification of records in Aubrey’s case.

It is abundantly apparent that Swain County DSS has broken laws in the case of Aubrey Littlejohn and in an attempt to cover their asses they falsified records and lied.  It is also abundantly apparent to me that these people were completely comfortable in their illegal behavior, so comfortable in fact, that they even held a meeting and discussed how to get “everything in order and everything straight”, or what I refer to as “a document forging party”.

The chances that the Aubrey Littlejohn case is the first and only case in which the Swain County DSS has exhibited this type of illegal and unethical behavior in, is in my opinion, slim to none.  I believe, based on the Swain County DSS’s proven behavior, that the case of Michael, Scott and Sierra Shannon should be looked at by unbiased, appropriate law enforcement.

I have heard the 911 call placed by Scott Shannon when he was being assaulted by Shannon’s mother, I have read some of the court papers and I have talked with Scott Shannon…there is something really fishy occurring in their case, and I believe with the illegal practices that have been brought to light in Swain County, that the Attorney General and the SBI owe a duty to investigate not only the Shannon case, but any other case that has been handled by the Swain County DSS.

If you or anyone you know has been a victim of the Swain County Department of Social Services Please contact me at lawdoll1@gmail.com

For more information about Sierra’s case, please visit Michael Shannon’s site at the link below.

Sierra Shannon, 4 years old

A Victim of Child Abuse by

The Swain County, North Carolina

Department of Social Services

in Bryson City, North Carolina

We desperately need your help to save Sierra from the bureaucrats and criminals in the department of Social Services in North Carolina. A civil case was filed in the Superior Court of Swain County North Carolina on August 15, 2011 on her behalf by her father, Michael Shannon and her grandfather, Scott Shannon. The details of the case are below, as well as a link to a copy of the Civil Complaint. If you read these items you will discover a horror story that is almost beyond belief. 28 people are being sued in this case, and all have some responsibility for the abuse that Sierra has suffered since August 5, 2010.

Please read these materials and then take action to do what you can to help save Sierra from continuing abuse by these criminals, uncaring bureaucrats, and others who have allowed her to be abused and illegally taken her from her loving father. I know there is a lot of material to go through, but unless you know the entire story and all of the facts, you can’t understand the full horror of what has been done to my family. If you consider yourself a caring person, please read all of it. The links in the text will open in a new browser window so that you can always conveniently return to this page.

Read more

Cumberland County DSS and their handling of the Shaniya Davis case (Updated)

*This is an updated post and I do apologize, this story actually broke last year and I am playing catch up.  Please bear with me while I get back into the swing of things.

The State Bureau of Investigation completed its inquiry into the actions and conduct of the Cumberland County Department of Social Services and their handling of the Shaniya Davis case last year.  The results of the SBI’s findings left Former District Attorney, Ed Gannis, upset, disappointed in the Bureau and unable to file criminal charges against DSS.

“To say we were not happy with the quality of the SBI report would be an understatement,” Grannis told reporters. “In my 40 years, I’ve never seen anything from the SBI that bothered me this much.”

Continue reading on Examiner.com Cumberland County DSS and their handling of the Shaniya Davis case (Updated) – Winston-Salem CPS | Examiner.com http://www.examiner.com/cps-in-winstonsalem/cumberland-county-dss-waiting-on-results-from-sbi-investigation#ixzz1alUFKTrD

WHAT HAPPENED TO BABY GABRIEL?

 

http://www.dailycommercial.com/localnews/story/110309gabriel

 

One year after his death, detectives are still gathering evidence

 

MILLARD K. IVES

Staff Writer

TAVARES — Detectives say they believe one of the three adults residing at the 3721 Picciola Road home in Leesburg murdered 5-month-old Gabriel Golden on Nov. 3 of last year.

The Department of Children and Families say Ashley Baker is allegedly responsible. Lake County courts have identified Baker as a person of interest in the child’s murder during a custody hearing for two other children in the home.

And, he is the same suspect that Lake County Sheriff’s detectives said had two misses on a polygraph test stemming from the murder case.

But one year ago from the day Gabriel was discovered in his crib, purple in color and pronounced dead of blunt trauma to the head, two skull fractures and asphyxiation — no charges have been filed in the case.

Officials are quick to point out that the case is still under investigation.

“No one has gotten away with murder,” said sheriff’s detective Mark Knuuttila. “There are just some cases that can be more difficult to prove.”

Knutilla said with three adults in the home at the time, then 31-year-old Ashley, his wife 30-year-old Tammi Baker and Tammi’s 52-year-old mother, Vickie Labb, in addition to a visiting juvenile and Tammi’s two children (ages 5 and 12), it’s difficult to prove who might have killed Gabriel. Knutilla said the investigation does lead him to believe that one of the three adults in the home is the assailant, but he won’t say who he suspects.

Knuttilla added he is still waiting for more lab results which he hopes can tie a murderer to the case, but wouldn’t give details on the tests.

“It’s just a matter of time before I can prove who did it,” Knutilla said. “It’s not over.”

According to a DCF report on its review of the child’s death, Ashley Baker is the “caretaker” the department feels is responsible for “all maltreatments” in Gabriel’s “verified findings of death,” which they listed as physical injuries, internal injuries, bone fractures, asphyxiation and inadequate supervision.

The report adds that Tammi is responsible for the inadequate supervision.

The reports adds that Tammi and Labb passed polygraph tests conducted by the sheriff’s office, but Ashley hit on two questions.

Bill D’aiuto, a DCF administrator with Circuit 5, said the finding led to them identifying Ashley as the responsible party.

But the DCF has a different threshold for evidence than the law.

Bill Gross, the Lake County prosecutor reviewing the case, said polygraph test results or DCF reports identifying it suspected assailant is inadmissible in courts.

“It’s something that wouldn’t get us a conviction,” Gross said.

Ashley Baker, who’s now is prison on probation violations after being arrested on unrelated theft charges, has declined interviews. He was charged with burglary and dealing in stolen property after being accused of breaking into at least two different homes, one the resident of his stepson’s foster parents and stealing more than $4,000 worth of jewelry and trying to pawn the stolen goods, according to arrest affidavits.

As a result of Gabriel’s death, Tammi’s two children were taken away from her, and she has a custody hearing scheduled later this month. But no one could be found at the couple’s tan and brown, two-bedroom stucco home on Picciola Road this week, where detectives said Tammi and Labb had remained after the child’s death there.

A “for rent” sign is posted in the yard.

Neither Knutilla or Gross would release details of the investigation. But according to a report on the review of the death by DCF, Tammi had come home from a birthday party on Nov. 2, 2008 and Ashley, from work.

The Bakers had been handed over the parental rights to Gabriel by his young parents in the previous September, and were the child’s caregivers.

The report added that Ashley put Gabriel back to sleep around 11 p.m. Sunday, Nov. 2 and Labb got out of bed to use the bathroom about 3:38 a.m. the following Monday morning, later telling detectives that she recalled the specific time because she looked at a clock. Around the same time, one of the children in the house got up, and was told by Tammi not to wake the baby, before Tammi and the child went back to sleep together.

Ashley remained in the room with Gabriel from 3:38 a.m. and 6:15 a.m., when Tammi came in to check on Gabriel, the report added.

According to the DCF report, the mother said she found Gabriel “face down like smothered,” and “she screamed he was dead because he was purple in color; she rolled him over (and) blood had run to his face.”

The report added Ashley woke up to the screaming and responded “what the (expletive) do you mean he’s dead,” before they pulled him out of the crib, called 911 and began CPR.

The child was taken to Leesburg Regional Medical Center, where he was pronounced dead.

Gabriel had fallen about six inches from a bouncer on the day before his death, while being cared for by Tammi’s friend Christy. But Medical Examiner Dr. Barbara Wolf said in an interview with detectives that if the injures were from the fall, the child would have been symptomatic all day.

A photograph taken of the child at 3 p.m. on Nov. 2, after the fall, shows him smiling.

“That would not have been the situation if Gabriel’s injuries were present at the time of the photo,” Wolf was stated as saying in the report.

Officials also ruled out the visiting juvenile, who had briefly held the child, as responsible for the death. There was no mention of Labb’s possible link to the death, who had a “significant black eye” a day after the death, according to the DCF report.

Neither couple would taken a drug screen test.

Detective Knuutilla also is recorded in the report as questioning whether Xanax, which Ashley was rumored to be taking, could make a person short tempered and irritable during a lack of sleep.

“There’s still so many questions,” Gross said. “Every case is unique and challenging.”

Ironically, the Bakers had been given the child for safekeeping. Gabriel’s parents Michael, 22, and Andrea Golden, 19, had handed over the child to the couple shortly after his birth in May of 2008 and signed over their parental rights in September — because of financial concerns.

Michael Golden was planning to enlist in the military.

After Gabriel’s death, DCF issued a report in which it admitted its staff had neglected to ensure the baby’s safety. The report stated the staff had focused too much attention on Gabriel’s biological parents and not enough on the Bakers.

“It’s tragic and our hearts go out to the family,” said D’aiuto.

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.

BRONX DA IS STILL UNABLE TO OFFER JUSTICE TO SLAIN BRONX TOT

 

http://www.nydailynews.com/opinions/2009/06/11/2009-06-11_bronx_da_is_still_unable_to_offer_justice_to_slain_bronx_tot.html

Thursday, June 11th 2009, 4:00 AM

Something is very wrong in the office of Bronx District Attorney Robert Johnson.

Almost two years after the horrific beating and murder of 2-year-old Khamerin Antwine, the prosecutor’s office has told the dead child’s family that it won’t prosecute anyone.

That’s a scandal, given the mountain of evidence, which I described in previous columns, that points to a culprit.

In May 2007, Khamerin’s mother, Akira Eady, died shortly after giving birth to a little girl. That left Khamerin and two sisters in the care of Khamerin’s father, James Antwine, and his new girlfriend, Charis Moore.

On the night of Oct. 8, 2007, Khamerin was beaten to death. James Antwine and Charis Moore were the only adults in the apartment. Moore and several of the children told investigators that James Antwine punched his 2-year-old son.

They also said they saw the boy, unable to eat, hunched over a toilet moaning “uh, uh, uh” and vomiting dark-colored liquid as his eyes rolled back in his head.

Neither of the two adults in the apartment gave Khamerin first aid or called for help.

“Findings of death for Khamerin Antwine were a lacerated liver, contusion to the pancreas, the soft tissue to the intestine was lacerated, the child was only 22 pounds and could have been malnourished and the death was ruled a homicide,” said a report of the Administration for Children’s Services shortly after Khamerin’s battered body was brought to St. Barnabas Hospital on Oct. 9.

The story Antwine and Moore gave hospital personnel was fishy. They claimed to have “discovered” Khamerin dead at 8 a.m., but his low body temperature of 87 degrees suggested he’d been dead for a long time. Khamerin also had a laceration on his chin that neither adult could explain.

The children in the apartment cleared up some of the mystery.

“Daddy hits Khamerin when he doesn’t go to the bathroom on the toilet,” the dead boy’s sister told an ACS investigator.

Testifying in Family Court, Dr. Margaret Prial of the medical examiner’s office, an expert in forensic pathology, ruled out accidental death, concluding that Khamerin’s death was consistent with a blow to the abdomen.

Douglas Hoffman, the judge in the abuse proceeding that removed all of Antwine’s and Moore’s children from them, issued a 10-page decision: “This court finds that respondent [James] Antwine directly caused the death of his 2-year-old son Khamerin by striking him in the abdomen and that neither [Antwine nor Moore], although aware of Khamerin’s great physical distress caused by Mr. Antwine’s blow to the child’s abdomen, took any step to save this child.”

The Bronx district attorney’s office had all of this information – the investigator’s findings, the court ruling – and more. But after months of telling me and Khamerin’s family that the matter was being investigated, the office quietly threw in the towel.

Assistant District Attorney Alexandra Militano contacted Khamerin’s family to say neither James Antwine nor Charis Moore will be charged with any crime.

Not manslaughter, not assault, not even abuse or neglect. Nothing, not even an apology to the family for whatever combination of bad luck, incompetence, missing evidence or apathy foiled the prosecution. Case closed.

Robert Johnson refused to speak with me when I called for an explanation. In a written statement, Johnson’s office said “there were no witnesses to the actual injury” and that “the evidence is insufficient for prosecution.”

That’s bull. A grand jury gets to decide that, not a pol ducking the press.

The message being sent in the case of Khamerin Antwine is that you can beat a child to death in the Bronx and get away with it.

Read more: http://www.nydailynews.com/opinions/2009/06/11/2009-06-11_bronx_da_is_still_unable_to_offer_justice_to_slain_bronx_tot.html#ixzz0IAWwB3AA&C

I DON’T BELIEVE MONITORING CPS WILL BE ENOUGH

Sacramento supervisors’ vote expected on monitoring CPS changes

 

http://www.sacbee.com/government/story/1799185.html

By Sam Stanton
sstanton@sacbee.com

Published: Wednesday, Apr. 22, 2009 – 12:00 am | Page 6B

The Sacramento County Board of Supervisors will be asked today to speed up the response to a highly critical report on Child Protective Services and to require monthly reports on progress in correcting problems.

Supervisors are expected to vote on a proposal from board Chairwoman Susan Peters this afternoon that would require CPS to undertake many of the recommendations identified by MGT of America Inc., a private consultant that studied the agency for much of last year at the county’s request.

MGT, which delivered its study to the board on March 31, identified a number of deficiencies, including a finding that at least four children died of abuse and neglect after CPS bungled their cases and missed “clear opportunities” to remove them from danger.

The MGT audit was funded by a $100,000 county contract last July after a Bee investigation revealed numerous problems at the child protection agency. It stated that management had failed to implement nearly 300 recommended changes the county’s own CPS oversight committee had suggested since 1996.

Those findings were mirrored in a scathing report two weeks later by the county grand jury, which concluded that “Nothing ever changes – ever” at CPS.

When MGT delivered its report March 31, some supervisors were lukewarm about proposed changes, particularly a recommendation that an outside consultant be brought in to force changes. Supervisor Jimmie Yee questioned the quality of the report, and Supervisor Roger Dickinson said he was not convinced about the need for an outsider.

The board agreed then to have county officials study the issue for 90 days, but county officials later said they already are acting on some recommendations. In an April 14 letter to her colleagues, Peters said she wanted a report back to the board in 45 days.

Peters asked the board in her letter to approve a plan for CPS leaders to work with the Child Welfare League of America to determine how that private, nonprofit group might help improve CPS procedures. The league’s membership includes CPS’ parent agency at the county.

Officials from the league met with CPS on Tuesday and are scheduled to make a presentation to the supervisors at this afternoon’s board meeting.

Peters also will ask the board to vote to formally adopt many of the findings in the MGT report, including reducing CPS’ 1,300-page policy manual “to a workable number” of pages and to have CPS report back to the board every 30 days on its progress toward making needed changes.

CPS has been under fire since last year because of a string of deaths of children known to the agency, and other problems, including The Bee’s revelation that some internal case files had been altered and that at least 7 percent of the agency’s roughly 1,000 workers have criminal records.

In the wake of criticism about CPS, Lynn Frank, director of the county Health and Human Services Department that oversees CPS, announced that she would leave her post immediately and retire at the end of 2009.

She made her announcement the day before the grand jury report’s release. But county officials said she was not pushed from her job, that the timing was coincidental.

A top county official also assured CPS workers that the head of their agency – Laura Coulthard – is not in any danger of losing her job.

“There is so much change and activity surrounding CPS and DHHS, that rumors are flying …” Jim Hunt, acting administrator for the Countywide Services Agency that oversees the two departments, wrote in an e-mail to workers Friday. “A friend of mine in CPS did ask about one rumor, ‘Will Laura be leaving, too?’

“The answer is a resounding, ‘No!’ She has dedicated her career to the children of Sacramento County and is determined to see this through.” (Yea it really looks like she has dedicated her career to the children…)

Hunt also told CPS workers that “We’ve had too much negative press. (From where I am sitting negative press is a good thing…stop fucking up and killing these children with your mistakes and maybe you won’t be in the papers.)

“The same story seems to keep reappearing under a different headline. It’s time to step forward and let folks know that we acknowledge the need to improve, but recognition has to be given for the good work that occurs every day.” (How many children have died because of CPS????  I do not think your actions now are good enough….)

FLORIDA DCF SHUNS BLAME IN BOY’S DEATH

Prosecutor reviews report on baby Gabriel’s ’08 death

 

http://www.orlandosentinel.com/news/local/lake/orl-lake-infant-death-032509,0,1612055.story

TAVARES – A homicide prosecutor said he was reviewing the Lake County Sheriff’s Office investigation into the death of Gabriel Golden, an infant who died from skull fractures last year in a Leesburg home.

“These can be especially difficult cases to prove,” said Assistant State Attorney Bill Gross, who offered few details about the report completed by detective Mark Knuuttila. “They generally rely a great deal on complex medical testimony.”

No charges were filed after the Nov. 3 death of the 5-month-old boy, although Ashley Baker, 32, one of Gabriel’s caregivers, was identified as “a person of interest” in the case during court hearings that determined who should have temporary custody of two other children living in the Picciola Road home in Leesburg.

Gross said his review of the case could take “months.”

Baker, who declined an interview request, was arrested Jan. 30 on unrelated theft charges and remains in the Lake County Jail.

After Gabriel’s death, the Department of Children and Families issued a report in which the agency admitted its staff had neglected to ensure the baby’s safety. The report said staff had focused too much attention on Gabriel’s biological parents, Andrew and Andrea Golden, and not enough on the caregivers, Tammi and Ashley Baker.

The Goldens were financially unable to provide or care for the child and gave up “all parental rights” to the Bakers on Sept. 3, according to signed documents obtained by the Orlando Sentinel.

Before the Bakers agreed to take custody of Gabriel, DCF investigated claims that his biological parents had left him with others for days, had relied on handouts from local churches and were both thinking about joining the military.

But the DCF report also said the Bakers had been investigated at least 14 times on abuse and neglect allegations. Most of the investigations found no wrongdoing on the part of the couple, however.

The DCF report, while noting that Ashley Baker had a lengthy criminal record, also quoted Gabriel’s paternal grandparents as saying “it is obvious that Gabriel is wanted and loved in that house.” Vickie Laabs, Tammi Baker’s mother, said “they all love Gabriel” and fell in love with him when they started watching him.

Two other children in the home at the time of Gabriel’s death remain in the temporary care of others.

Their mother, Tammi Baker, 31, won additional privileges with both children during a hearing last week in Lake County, although Magistrate Heidi Davis reserved judgment on where Tammi Baker’s son and daughter ultimately will reside.

The son, 12, resides with family friends; the daughter, 6, resides in Pensacola with her biological father.

The magistrate warned Tammi Baker that if she is permitted unsupervised visits in her home with the children that Ashley Baker, if released from jail, is not allowed to be around the kids.

Ashley Baker pleaded not guilty last month to charges of burglary and two counts of dealing in stolen property. He is accused of breaking into the home of his stepson’s foster parents, stealing more than $4,000 worth of jewelry, including a keepsake pocket watch, and attempting to pawn stolen goods.

Stephen Hudak can be reached at shudak@orlandosentinel.com or 352-742-5930

You can see more on this story at:

Fla. DCF Shuns Blame In Boy’s Death
The Ledger – Lakeland,FL,USA
After more than a week in two different foster homes, the children were placed with the Wyrosdicks on Aug. 12 over the objections of a CPI assigned to …

AND CLEAR ACROSS THE COUNTRY: MORE COMPLAINTS ABOUT CPS

Across this entire country you have people complaining about Child Protective Services, DSS, DSHS or whatever name they go by, in whichever state we are discussing.  It seems by whatever name they go by, they are all committing the same crimes and mistakes across this country.

These are not just ordianary citizens, although there are scores of those speaking out.  The people coming forward with some of these complaints are also: Prosecutor’s, Senators, Doctors, police officers, and lawyers all complaining about the failures, abuses of power, law breaking, and the numerous other issues of these departments,  and still nothing is being done. 

People are suing these departments left and right and these cases are not being thrown out of court…these “people” are not losing these suits, but winning and winning big.  And those lawsuits that are not going all the way to court are being settled out of court, with these departments paying out millions of dollars for their failures and criminal activities.

Even with all of these things occurring…people who are actively speaking out against CPS are looked upon with contempt, viewed as having a conspiracy theory against DSS, or child abusers who are trying to get even.

Open your eyes people…what is being said about these departments is real, it is the truth and they are covering it up!!!  It is time for America to take a stand against this “all powerful” government entity.  We need to stand together and say, enough is enough, we can’t ignore this any longer.

I can post a story on this blog everyday about a child that has been protected to death by CPS and never post them all.  Their failures and crimes are an abomination on the very soul of this country…our nations children.  Children are dying, families are being destroyed, the American Dream of our fore fathers for civil rights, due process, and protection under the constitution is being shattered by this out of control government agency.

Our country was designed on a checks and balances system for the protection of the people, yet these departments work on the outside of that system, there is no accountability for CPS and there should be and until there is, children will continue to die.

SPEAK OUT….Write your State Reps, Senators, Congress, and the President, anyone and everyone you can think of…demand accountability for CPS…demand changes to the laws that govern them, demand criminal prosecution for their crimes and when they break the law or violate civil rights, and if that doesn’t work, demand that they be shut down and a better system created. 

Prosecutor alleges ‘pattern of misconduct’ at DSHS

Meghann Cuniff

The Spokesman News

http://www.spokesman.com/stories/2009/mar/20/prosecutor-alleges-pattern-misconduct-dshs/

 

 

A “pattern of misconduct” plagues the Colville office of the Department of Social and Health Services and has resulted in the wrongful removal of foster children, in one instance described in a court ruling as a “draconian solution” to a financial dispute, according to the county prosecutor.

The sharply worded letter, sent Wednesday to Gov. Chris Gregoire, Attorney General Rob McKenna, and more than 30 state legislators and state employees, follows months of investigation by Stevens County Prosecutor Tim Rasmussen and accuses the office of “shopping” for doctors and counselors to support its agenda, ignoring rules regarding the removal of foster children and contradicting recommendations from health care providers.

Rasmussen’s letter, which calls for state intervention, includes a complaint from a doctor who said a baby became addicted to drugs after being placed on a morphine drip, despite his assurances that the child did not have methamphetamine in its system as state workers suspected.

“It is really unfortunate that this child was put through this degree of trauma at such an early age and I believe it can only be laid at the feet of the (Child Protective Services) workers,” wrote Dr. Barry J. Bacon in a letter dated Nov. 18.

Bacon said Friday that he stands by the letter.

“I believe that there are some serious problems” with the department, Bacon said.

State Rep. Joel Kretz, R-Wauconda, asked Rasmussen to investigate after receiving what he called “an inordinate” number of complaints about the office.

Kretz spoke with department ombudsman Mary Meining last August and she looked into complaints, but Kretz said Friday he’s hoping for drastic changes in how such complaints are handled.

“I don’t think conventional means are going to get to the bottom of this,” Kretz said. “There’s a culture in that Colville office that needs to be weeded out and have some light shown on it.”

The Colville office serves Stevens, Ferry and Pend Oreille counties.

Connie Lambert-Eckel, deputy regional administrator for the DSHS children’s administration, said she received the letter yesterday and couldn’t comment on specifics.

The department has been working with Rasmussen on his concerns for some time, Lambert-Eckel said, but his letter contains new claims.

“We will be diving into these concerns very appropriately, very responsively, very quickly and very early next week,” she said.

Rasmussen was openly critical of the agency following the high-profile death of Tyler DeLeon, who died of dehydration in 2005 at the age of 7. DeLeon’s adoptive mother, Carole DeLeon, was sentenced to six years in prison after pleading guilty to charges of criminal mistreatment in a plea deal.

Rasmussen at the time said caseworkers failed to act on signs that the boy was malnourished.

“I think lots of people did let Ty down, starting with the people in the Department of Social and Health Services,” he said in 2007.

The state of Washington recently paid a settlement of more than $6 million to children who were under Carole DeLeon’s care, including $180,000 to the estate of Tyler DeLeon.

Rasmussen’s letter, which doesn’t mention the DeLeon case, details one instance in which a judge blasted the department for removing five foster children on what the court ruled was a “very questionable basis.”

“The court found that removal by the department was done primarily for financial reasons,” Rasmussen wrote. “The court noted its ‘displeasure and sense of outrage at the department having operated the way it did in removing the children,’ and speaks of the department ‘having done a grave disservice’ to the children.”

When the social workers tried to remove two other foster children from that home, the judge refused and called their request “child abuse,” the letter reads.

“Something is very wrong,” Rasmussen wrote.

The letter includes accusations that children have been subjected to forensic examination for sexual molestation when no allegations of abuse exist and ignoring recommendations from Court Appointed Special Advocates.

“I hope something comes of it, but we’ll just have to see,” Rasmussen said Friday.

Kretz said the department hides behind bureaucracy and privacy laws.

“We’ve gotten case after case that I can say I have not had my questions answered,” he said. “There needs to be another method to look into problems rather than self examination by an agency.”