Stop Corrupt DSS

Update on the "Where is Josua William Smith" case Potential abduction: $2 million Wellsville reward for kid turns into jail time for Smith

2011-10-26T15:10:00.002-05:00

Potential abduction: $2 million Wellsville reward for kid turns into jail time for Smith

WELLSVILLE —

Javan P. Smith is so convinced his 12-year-old son belongs in his custody, he offered a $2 million reward for anyone who would hand the child over to him in Wellsville or Texas.

However, a screaming incident at the RiverWalk Shopping Plaza and an alert police officer stopped a possible abduction. The child is safe today and the father is in jail.

At 5:53 p.m. Sunday, Wellsville Village Police charged Smith, 48 of Helotes, Texas, with second-degree criminal contempt.

He was arraigned before acting Wellsville Village Justice James Ames and sent to the Allegany County Jail in lieu of $5,000 bail.

UPDATE SHANIYA DAVIS CASE

2010-01-12T16:05:00.001-05:00

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

2010-01-09T15:17:00.003-05:00

Kelsey Briggs' Mother Seeks Part of Settlement

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

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

2010-01-09T15:02:00.003-05:00

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.

THIS COULD HAPPEN TO ANYONE!!!!

2010-01-09T14:27:00.003-05:00

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!

PATTERN OF DEATHS CONTINUE IN L.A. COUNTY

2010-01-09T14:10:00.004-05:00

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

2010-01-08T16:33:00.001-05:00

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

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2010m1d8-SBIs-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....

IOWA CITY MOM SUES DHS FOR PLACING 5-YEAR-OLD INTO FOSTER CARE BASED ON FALSE ALLEGATIONS

2010-01-06T13:33:00.004-05:00

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.

CHILD WELFARE WORKER FOUND NOTHING AMISS BEFORE BABY DEATH

2010-01-04T15:43:00.002-05:00

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.

CRIES FOR HELP FOR JEANETTE MAPLES GOT NO ANSWER

2010-01-04T15:23:00.004-05:00

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 injuries during 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

MAYOR'S WIFE LEAVES DSS JOB

2010-01-04T14:59:00.003-05:00

Mayor's wife leaves DSS job

Samara Foxx's post with county agency one of 3 that had prompted concerns of nepotism.

http://www.charlotteobserver.com/local/story/1158917.html

By Christopher D. Kirkpatrick
ckirkpatrick@charlotteobserver.com

Charlotte Mayor Anthony Foxx's wife, Samara, has resigned from her high-paying county job, one of three positions that last year sparked allegations of cronyism and prompted a change in county hiring policies.

Reached at her home Sunday morning, Foxx, 38, said she stepped down from her post at the Mecklenburg Department of Social Services effective Dec. 31 to "focus more time and energy" on her family. The couple has a 5-year-old daughter and 3-year-old son.

Her husband was a city councilman and had announced he would run for mayor when she was hired in July 2008 for the administrative job at a $100,000 annual salary. The job was posted for just a day.

DSS hired two other relatives of high-ranking government officials early last year: the daughter of Charlotte-Mecklenburg Police Department Chief Rodney Monroe and the daughter of Superior Court Judge Yvonne Mims Evans.

The three hires prompted a public debate about perceptions of nepotism and favoritism in local government.

County officials said the three were given jobs in accordance with county policy and without regard to family ties. County commissioners examined resumes from the three during a lengthy closed session and concluded that the hirings were proper.

But County Manager Harry Jones soon changed the minimum posting time, to six days, for most open jobs.

Samara Foxx, a lawyer, was hired as a special assistant to newly assigned DSS Director Mary Wilson. Foxx later headed DSS business affairs, one of six divisions in the agency.

Wilson could not be reached Sunday. But she said last spring that Foxx won the job over other candidates because of her experience, including past work in legislative affairs. Wilson also said the two worked together at a previous job and had a good working relationship.

The Foxxes wouldn't comment Sunday about the circumstances of the hiring.

But in March, Samara Foxx said in a written statement she was qualified for the job because of her past experience as a contract attorney and as chairwoman of a board of directors for an agency serving pregnant teens and women.

She said she worked in the Charlotte area as a contract attorney at KOSA, a global polyester manufacturing company. There she met Wilson, who was the company's general counsel.

Before moving to Charlotte in 2001, Samara Foxx worked as staff counsel to the U.S. House of Representatives Judiciary Committee for five years, she said.

Anthony Foxx said in his own written statement in March that insinuations about his wife's employment were "irresponsible and deeply hurtful."

In the other cases:

Rodney Monroe's daughter Hollye was hired early last year as a management analyst with DSS at a $46,613 annual salary. A city spokeswoman said at the time that Chief Monroe did not ask for any special treatment.

Judge Evans' daughter, Tracey, was hired early last year as a social services manager at a salary of $57,380. Her mother said at the time that she had nothing to do with her daughter's hiring.

DSS is the county's second-largest department and has an annual budget of $180 million. It employs 1,200 people.

Christmas time...I love the season

2009-12-24T17:08:00.000-05:00

Christmas time...I love the season

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m12d24-Christmas-time-I-love-the-season#

I love Christmas, it is one of my favorite times of year. In our family it is all about tradition, every year, the day after Thanksgiving to be exact, my husband drags the entire family up the mountain to pick out our Christmas tree, like the Griswold's in the movie, "Christmas Vacation".

To read more and see my beautiful pictures, visit the link above

"CALLING FOR THE HEADS OF CPS?"

2009-12-20T17:55:00.003-05:00

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

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

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

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

CUMBERLAND COUNTY DSS INVESTIGATION BEGINS

2009-12-19T13:00:00.003-05:00

SBI begins investigation into Cumberland County Department of Social Services

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

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

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

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

For the rest of this story, please visit the above link....

GRANDMOTHER OF SLAIN TEEN SAYS SHE REPEATEDLY CALLED THE STATE CHILD ABUSE HOTLINE

2009-12-16T22:15:00.003-05:00

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

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

By Michelle Cole, The Oregonian
December 10, 2009, 10:10PM

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

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

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

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

Several months ago, McAnulty said she became concerned about the teenager.

Maples had a split and swollen lip, she said. "And it looked like somebody had taken a fist and yanked her hair."

She asked about the girl's swollen lip. " 'Fallen down' is what they told me," she said.

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

She didn't give her name, McAnulty said, "because I didn't want to lose contact with my grandchildren."

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

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

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

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

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

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

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

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

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

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

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

Staff writer Stuart Tomlinson also contributed to this report.

Michelle Cole

JUDGE HEARS MOM'S PLEA, ORDERS DCYF TO RETURN NEWBORN, REUNITE WOONSOCKET FAMILY

2009-12-16T21:59:00.003-05:00

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

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

By W. Zachary Malinowski

Journal Staff Writer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

bmalinow@projo.com

NYC FAMILY COURT JUDGE DENIES CHILD PROTECTIVE SERVICES PERMISSION TO ENTER HOTLINE SUBJECT'S HOME

2009-12-16T21:52:00.002-05:00

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

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

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

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

GIVING TREE TOYS RELEASED TO SALVATION ARMY FOR DISTRIBUTION

2009-12-16T21:46:00.003-05:00

Giving Tree toys released to Salvation Army for distribution

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

by MICHELLE BOUDIN / NewsChannel 36
E-mail Michelle: MBoudin@WCNC.com

Posted on December 15, 2009 at 6:31 PM

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

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

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

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

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

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

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

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

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

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

CLARKSVILLE DHS WORKER CHARGED WITH FONDLING GIRL, 13

2009-12-16T21:37:00.003-05:00

Clarksville DHS worker charged with fondling girl, 13

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

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

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

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

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

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

Monix is an employee with the Tennessee Department of Human Services.

Police identified Monix as a social worker in an arrest report.

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

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

TEXAS CPS ISSUES

2009-12-16T21:18:00.004-05:00

Review: CPS Inconsistent with Policies

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

Updated: Monday, 14 Dec 2009, 9:30 PM CST
Published : Monday, 14 Dec 2009, 1:18 PM CST

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Investigation shows family history of abuse missed in half of cases

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

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

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

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

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

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

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

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

Passing cases

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

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

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

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

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

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

No surprises

CPS insists the issue is not that clear-cut.

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

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

Burton said none of the findings were a surprise.

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

terri.langford@chron.com

CPS review of Houston cases targets caseworkers

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

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

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

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

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

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

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

OUT OF PRISION, FRANKLIN WOMAN FAILS TO REGAIN CUSTODY OF KIDS

2009-12-16T20:59:00.006-05:00

Out of prison, Franklin woman fails to regain custody of kids

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

By TIM ZATZARINY Jr.
Staff Writer

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

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

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

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

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

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

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

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

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

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

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

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

MAN GETS 25 YEARS TO LIFE FOR MURDER OF DAE'VON BAILEY, 6

2009-12-16T20:37:00.003-05:00

Man gets 25 years to life for murder of Dae'von Bailey, 6

http://www.latimes.com/news/local/la-me-bailey16-2009dec16,0,741489.story

By Hector Becerra

Marcas Catrell Fisher, 36, pleaded guilty to beating his ex-girlfriend's son in South L.A. as his 5-year-old daughter watched from the corner of a room, unable to scream.

One month after pleading guilty, a South Los Angeles man was sentenced Tuesday to 25 years to life in prison for beating his ex-girlfriend's 6-year-old son to death.

Compton Superior Court Judge John Cheroske sentenced Marcas Catrell Fisher, 36, to the maximum term for first-degree murder.

Fisher killed Dae'von Bailey on July 23 in South Los Angeles as the boy's 5-year-old half sister -- who was Fisher's daughter -- watched from the corner of a room, unable to scream. The girl would later tell social workers that she had seen her brother tied up in the hallway, crying, as her father beat him.

Later, she said, Fisher put Dae'von in the shower and told him to "wake up" before dragging him to the bedroom. Fisher eventually fled, leaving his daughter behind with her dead brother.

For almost a month, he eluded a police dragnet before being tracked to an apartment in North Las Vegas.

A convicted rapist, Fisher had agreed to care for Dae'von and his daughter after their mother, Tylette Davis, put five of her six children in other people's care. The boy and his siblings had been the subject of 10 child abuse or neglect investigations since 1999 by the time he came under Fisher's care.

In the last three months before his death, Dae'von twice told authorities that he had been physically abused by Fisher, but both times he was left with the man who eventually killed him.

Los Angeles Police Department detectives said that the boy's body bore bruises in different stages of healing, indicating that he had been abused for an extended period of time.

On Tuesday, a bespectacled Fisher apologized from behind a pane of glass at the Compton courthouse for killing the boy.

Before he was sentenced, Majella Maas, the boy's kindergarten teacher at Lakewood's Riley Elementary School, told the court that Dae'von's death left not only his family grief-stricken. Later, Maas said the boy was the most affection-hungry child she had encountered in 28 years of teaching, always asking for hugs.

After the sentencing, she went to his grave site in a Compton cemetery. It bears no marker, she said, but a cemetery worker knew where it was and led her there. He had made a makeshift marker for Dae'von's grave, Maas said.

"He said, 'Oh, the baby?' I'll show you where he is,' " she said. "He knew his name instantly."

hector.becerra@latimes.com

KENTUCKY CPS HAS ISSUES

2009-12-16T16:22:00.003-05:00

Kentucky officials knew that many of the children who died from abuse might be at risk

http://www.courier-journal.com/article/20091213/NEWS01/912130303/Kentucky+officials+knew+that+many+of+the+children+who+died+from+abuse+might+be+at+risk

By Deborah Yetter
dyetter@courier-journal.com

Nearly 270 Kentucky children died of abuse or neglect during the past decade — more than half of them in cases where state officials already knew of or suspected problems.

During one recent 12-month period, 41 children died — the highest rate of any state, according to a recent report by the Every Child Matters Education Fund, a Washington child-advocacy group.

In a six-month review of the problem, The Courier-Journal found that:

-- Child-protection officials, day-care workers, and parents, friends and relatives missed signs of abuse such as suspicious bruising and evidence of previous injury, or were hesitant to act.

-- While reports of abuse have soared, the rate at which social workers substantiated child abuse and neglect has declined . Nine years ago, problems were substantiated in 27 percent of the reports received compared with 12.5 percent this year, according to reports by the Cabinet for Health and Family Services.

-- Since 2008, the state has cut $51 million from human-service programs, including child protection. Social workers say that they don't have time to fully investigate cases or to follow up with families. Nor do they have money to provide the in-home assistance, drug testing and treatment that some families need.

Secrecy within the child-protection system protects it from scrutiny rather than protecting children, many judges and critics believe.

Most troubling is that many child deaths could have been prevented had state social workers, physicians, day-care workers, friends and relatives responded sooner and more aggressively to signs of abuse or neglect.

“It would be rare for a child to have never been abused and then be abused to the point of death,” said Dr. Gerard Rabalais, chairman of the University of Louisville pediatrics department. “Much more typically, it's violence that escalates over time.

“There's time to find the perpetrators and stop it and intervene on the child's behalf.”

In its investigation, the newspaper examined hundreds of pages of court records and outside studies and interviewed more than 50 judges, state officials, medical experts, children's advocates, prosecutors, lawmakers and others including family members who suffered the loss of a child.

It found that since 2000, Kentucky Child Protective Services officials have investigated reports of problems in cases of 149 of the 267 Kentucky children who subsequently died from abuse or neglect, according to the annual report on such deaths produced by the cabinet.

“That's pretty alarming,” said David Richart, a consultant and longtime child advocate in Louisville. “Those are dangerous, ominous signs when you are already involved with the family or with the home.”

Patricia Wilson, commissioner of social services for the cabinet, said she believes that the state's nearly 1,520 “front-line” social workers who handle child protection are hard-working and do a good job helping protect children.

But she said she is disturbed by the 41 deaths highlighted in the Every Child Matters report — which covered 12 months that ended Sept. 30, 2007 — and acknowledged it's not an area where the state wants to be No. 1 .

“We really wish there weren't any fatalities,” Wilson said. “Every fatality is a tragedy.”

MULTIPLE REPORTS

21 cases involved 10 or more notices

State officials had received two or more reports of suspected mistreatment in 60 percent of the 304 cases in which a child died or suffered life-threatening injuries during the past 10 years, according the state's annual report on child-abuse deaths.

And in 21 of those cases, the cabinet had received 10 or more reports of suspected mistreatment, according to the annual report.

Wilson said the state's policy about confidentiality prevents her from commenting on specific cases or whether the cabinet was involved at the time of a child's death. But she acknowledged that multiple reports about suspected mistreatment would be potentially serious, depending on how recent they were and their nature.

“It makes a difference whether it's three times this year or three times three years ago,” Wilson said.

Though the details of state child abuse cases are secret — even after a child dies — court records of adults charged with murder in some recent cases show state officials were well aware of suspected problems. For example:

Two-year-old Christopher Allen of Louisville died Aug. 28, 2008, from a severe battering three days after a social worker removed him from his mother and placed him with an aunt.

Social service and other officials had repeatedly investigated allegations that he had been mistreated. The aunt and her boyfriend are facing murder charges; the case is scheduled for trial next year.

Kayden Branham, 20 months, of Monticello, died May 31 after drinking drain cleaner that his 14-year-old mother and 19-year-old father allegedly were using to make methamphetamine in a Wayne County mobile home. Both Kayden and his mother were under the supervision of state child-protection authorities and were supposed to be in another home.

Seven-month-old Gaige Pyles, of Elsmere, died Aug. 15 after being shaken to death. His father, Matthew Pyles, 27, was indicted Oct. 22 and charged with murder. State child-protection officials had been involved with the infant before his death, according to the Kenton County prosecutor.

Each death is devastating to family and friends, survivors say.

“It really sickens me, how the baby suffered so much,” Samantha Chapman said of grandson Robert Ross Jr., a 3-month-old Covington baby who died in 2008 from a skull fracture and suffered multiple broken bones. “That just tears my heart apart.”

SIGNS UNRECOGNIZED

More vigilance is needed by all

Child-abuse experts say the true picture may be even worse because as many as half of all child-abuse or neglect deaths may not be recognized and reported, being classified instead as accidental or from natural causes.

“I think some people are too nice to allow themselves to imagine what some people are capable of doing,” said Dr. Melissa Currie, director of the University of Louisville's pediatric forensic division.

The Every Child Matters report said national research shows that officials may be missing as many as 50 percent of child-abuse deaths.

In Kentucky, the leading cause of death of abused children is head trauma, and 70 percent are under age 3. Other causes include shootings, strangulation and poisoning, according to the state's 2009 annual report. Neglect deaths were most often caused by drowning, failure of adults to seek medical treatment, exposure to drugs and suffocation, the report said.

State law requires anyone who knows of abuse or neglect to report it to police, prosecutors or the Cabinet for Health and Family Services. But those involved in child-abuse detection and prevention say even the most obvious signs of abuse — bruising, especially in infants — often go unrecognized and thus unreported.

“Bruises on babies are not normal — period,” Currie said. “If you see them, you should do something.”

A 2007 study led by UofL researchers examined the abuse deaths or near deaths of 20 Kentucky children under age 3 and found that in most cases, evidence of prior abuse, such as suspicious bruising, had been previously documented by someone, such as a social worker, nurse or doctor, but not acted on.

Officials say that many more children could be saved, even with Kentucky's risk factors for child abuse, such as high rates of poverty and drug abuse and low educational attainment. But that would require more vigilance on the part of everyone who encounters such children — not just state child-protection officials.

“There is only a certain percentage of cases CPS has an opportunity to intervene in,” Currie said. “All the rest need to be caught by the rest of us.”

Some advocates believe opening confidential state records of abuse deaths or near-deaths would shed more light on the system and help improve it. Though such disclosure is allowed under federal law, many states including Kentucky, choose not to do so.

“Information about these tragic events ... is withheld by many jurisdictions,” said a national report released last year by the Children's Advocacy Institute at the University of San Diego law school and First Star, a Washington child advocacy group. “This is unacceptable.”

LACK OF FUNDS

Social workers face enormous pressure

The state's annual report shows a sharp decline in the rate of cases where social workers substantiate abuse or neglect, despite an increase in reports of abuse or neglect since 2000, a trend advocates and some social workers blame on a shortage or workers and resources.

Wilson, the social service commissioner, credits a better system of screening out complaints that don't appear to involve abuse or neglect — such as families without utilities or food. But child advocates are skeptical.

“That just doesn't compute,” Richart said of the decline in substantiation rates. “There's no logical reason why that would be so.”

Critics note that the underfunded state social-service system has undergone three rounds of budget cuts in the past two years and likely faces more.

“The state leads the nation in child abuse deaths,” Sheila Patrick, a 15-year social worker from Eastern Kentucky, told a legislative panel in October. “That's as high a price as you can pay.”

Judges also lament the shortage of services for families — such as counseling, drug treatment or parenting classes — all reduced sharply by state budget cuts.

“Typically, parenting classes are one of the things we order,” said Jefferson Family Court Judge Stephen George. But now poor parents must wait several months to get into a class while the children linger in foster care, he said.

Also cited is a culture within the state social-service system that gives regional supervisors broad power to put enormous pressure on social workers to meet paperwork deadlines or face discipline. That sometimes forces them to skimp on investigations or take short cuts, a group of social workers told lawmakers this fall.

“We are just putting out fires,” Barbara Cowan, a Kenton County social worker, said at the October meeting of the House-Senate Health and Welfare Committee. “Corners are definitely being cut.”

Compounding the problem is that social workers are afraid to speak out, say officials of their union and others.

“Workers are scared to say anything,” said Shane Sidebottom, a Covington lawyer who has represented seven state social workers in “whistleblower” lawsuits alleging that they suffered retaliation for trying to point out problems. “This is a culture of fear.”

In failing to adequately deal with signs of abuse, Kentucky is hardly alone among the states. The Every Child Matters report found that child-welfare authorities nationwide generally have had prior involvement in about half of the cases of children who die each year from abuse or neglect.

Michael Petit, president of Every Child Matters, said his organization is calling on the federal government — which provides about half the money states spend on child welfare — to step forward with national standards and stricter oversight of state child protection programs.

“This problem isn't going to go away,” he said. “I don't think any state can wrestle this to the ground. You've got to have federal involvement.”

Reporter Deborah Yetter can be reached at (502) 582-4228.

Confidentiality exceeds law's requirements in Kentucky

Some child advocacy organizations say it's time for that policy to change

By Deborah Yetter • dyetter@courier-journal.com • December 15, 2009

http://www.courier-journal.com/article/2009912150301

In the weeks before Samantha Chapman's infant grandson was murdered by his mother's live-in boyfriend, she said she pleaded “face-to-face” with state child protection officials to investigate after she observed a handprint-shaped bruise on the face of the baby's sister, then age 2.

“I went to Covington and I walked into the office,” said Chapman, referring to the local office of the state Cabinet for Health and Family Services. “I just started bawling. I was crying and begging the social workers, ‘Please go in there and get my grandkids.'”

State social workers did open an investigation, according to court records in the case of Aaron Allen, who was convicted of murder Nov. 5 and was sentenced Dec. 8 to 30 years in prison in the 2008 battering death of Robert Ross Jr., the 3-month-old infant son of Brandi Ross, Chapman's daughter.

But neither Chapman nor the public can learn exactly what social workers did because of Kentucky's rigid policy of secrecy involving records related to child abuse and neglect investigations — which applies even when a child is killed or nearly killed.

Some national child advocacy organizations say it's time for that to change.

“An open system is a better system,” said a joint report last year by the Children's Advocacy Institute at the University of San Diego Law School and First Star, a Washington child advocacy group.

The report, which reviewed the policies of all 50 states regarding access to abuse and neglect information, said “child abuse deaths and near deaths reflect the system's worst failures” and concluded that information in those cases should be public.

“The public has a right to know if the laws for protection of children are being followed and its tax dollars well spent,” the report said.

Patricia Wilson, Kentucky's social service commissioner, said she believes confidentiality is important to protect children from public embarrassment or shame.

“The reason for it is that children are not put in a position of being stigmatized,” she said. “I think the system is designed to protect innocent victims.”

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But David Richart, a longtime child advocate and consultant, rejects that argument, especially in cases involving the deaths of children.

“In a fatality, it ends up on the front page of the newspaper, so the identity of the child is already known,” he said. “It seems to be a false argument to argue we can't look at those records.”

All states must keep confidential most records related to reports of abuse or neglect, under the federal Child Abuse Prevention and Treatment Act. But a key provision of the law allows states to authorize public disclosure in cases where a child was killed or nearly killed from mistreatment.

How states interpret that rule varies — with most, including Kentucky, opting for confidentiality, the report found.

Kentucky's law on child abuse records says: “Information may be publicly disclosed by the cabinet in a case where child abuse or neglect has resulted in a child fatality or near fatality.”

But cabinet officials in recent years have consistently refused to release such reports, saying the law gives them discretion. A 2007 Kentucky attorney general's opinion upheld the cabinet's policy after The Courier-Journal challenged it.

Although a few states — including Indiana — earned high ratings for allowing access to such information, most do not and secrecy only serves to hide flaws, the report said.

“The current undue emphasis on confidentiality only masks problems inherent in child protection systems,'' it said. “Public exposure is a necessary step” toward fixing these problems.

LITTLE REVEALED

Grandmother fears failures are hidden

For Chapman, Kentucky's policy means she likely will never get to see the results of the cabinet's internal investigation into how it handled the case of her grandchildren, a report known as a “fatality review” that is required under state law.

Chapman said she thinks that's wrong and believes the state is using confidentiality as an excuse to cover how social service officials botched her grandchildren's case.

“They're hiding what they've done wrong,” she said. “I think they failed at their jobs, and I'll stick to that till I croak. I just know they failed.”

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Brandi Ross, who has not been charged in the case, did not respond to repeated requests for comment.

Chapman said she would like to know more about what the cabinet did after she reported her concerns about the bruise on her granddaughter's face.

The criminal court records show that in Robert's case, the July 30, 2008, beating that ended his life wasn't his first. He died from a skull fracture and brain damage, and suffered fractured ribs and a broken leg and wrist. But his autopsy revealed previous injuries, including evidence of healing rib fractures and earlier bruising, according to the records.

“The autopsy results indicate Robert Ross was subjected to child abuse throughout his short life,” said a motion in the court file.

On the day Robert died, social workers placed his sister in foster care, Chapman said.

She said that when she visited the Covington social service office in early June 2008, she urged a social worker to check on the children immediately while the bruise was still visible on her granddaughter's face.

She described it as a large handprint on the cheek, with finger marks along the toddler's jaw and dark bruising evident on the child's gums.

Chapman said she was insistent that social workers investigate, even though it could have implicated her daughter.

“I said, ‘We need to know who's hurting the kids,' ” Chapman said.

About the same time, she said, she visited the police department in Ludlow, the small city in Kenton County where her daughter lived, to express her concerns about the children's safety and possible drug activity in the home.

Ludlow Officer John Dorman confirmed that account and said that, based on Chapman's information, police arrested a man at the home on drug charges. He said they later attempted to serve a search warrant but found that the occupants had moved suddenly. He said he recalls Chapman being extremely concerned about the safety of the children.

“She was adamant,” Dorman said. “Her main concern was the grandchildren.”

Chapman said that about 10 days after she first visited the cabinet's Covington office, a social worker came to her home while the two grandchildren were visiting and inspected them for bruises or injuries. The bruise to the girl's face had faded and neither child had any visible marks at the time, but Chapman said she urged the social worker not to drop the matter and to visit them at their home.

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The worker said “I'll take care of it,” according to Chapman. But she said she has no idea what he did — if anything.

Her daughter won't tell her because she's angry with her for going to authorities, and the social workers she questioned say they can't comment, citing confidentiality, Chapman said.

“I don't know what happened,” Chapman said. “Nobody will tell me.”

In October, a family court judge in Kenton County terminated Ross' rights to her daughter, now 3, who remains in foster care, making her eligible for adoption. Chapman said she wasn't allowed in the courtroom, although she had hoped to tell the judge that she would be willing the take custody of the girl, whom Chapman has helped raise since birth.

OPEN COURTS

Most judges back idea, one says

Even some judges think it's time to open family court.

“I think the benefits are that the public has the opportunity to see what is going on in court,” said Patricia Walker FitzGerald, chief judge of Jefferson County Family Court. “I think there's a tremendous distrust of the court system, and keeping it closed adds to that distrust.”

FitzGerald said she and most Jefferson Family Court judges support opening family courts as long as judges retain the right to close hearings of a particularly sensitive nature — involving such things as sexual abuse of a child or sensitive medical and psychological records.

The National Council of Juvenile and Family Court Judges, of which FitzGerald is a member, endorsed that proposal in 2005 and continues to support open family and juvenile courts.

Half the 50 states — including Indiana, Tennessee and Ohio — have family and juvenile courts that are either fully open or have limited access to the press and public, according to the 2008 joint report by the Children's Advocacy Institute and First Star.

FitzGerald said she knows of no judges who oppose the idea in states where such courts are open.

“I have yet to talk to a judge in another state where the courts are open where it's been a problem,” she said. “Where the courts are open, it's a non-issue.”

FitzGerald and other advocates supported a bill in the 2008 General Assembly that would have authorized a pilot project allowing Jefferson and a few other counties to hold open sessions of family court. But the bill died in committee after some lawmakers expressed concern that it might lead to undue publicity of child abuse and neglect cases or stigmatize youths accused of crimes.

FitzGerald said she believes those fears are unfounded, based on her experiences and on what judges in other states have told her.

“The fact of the matter,” she said, “is that most of the world isn't interested in coming down and watching these cases.''

Reporter Deborah Yetter can be reached at (502) 582-4228.

December 13, 2009

Painful lives cut short: Three tragic tales of child abuse in Kentucky

http://www.courier-journal.com/article/20091213/NEWS01/91210004

Robert Ross Jr.

3 months, Covington

Aug. 1, 2008

For Robert Ross Jr., the Covington infant who died at the hands of his mother's boyfriend, life was as agonizing as it was brief.

After the July 30, 2008, battering that killed him, an autopsy revealed previous bruises and healing broken bones, indicating that he “was subjected to child abuse throughout his short life,'' according to records from the murder case against Aaron Allen, who was convicted of Robert's death Nov. 5 after a three-day trial in Kenton Circuit Court. Allen was sentenced last week to 30 years in prison.

Robert's death occurred as state social-service officials were investigating the possible mistreatment of him and his 2-year-old sister in the home that their mother, Brandi Ross, shared with Allen, according to court records.

On the day Robert died, Allen told police he was taking care of the baby while Brandi Ross went out with friends to eat and get her nails done. Allen, who told police he'd been drinking and smoking crack cocaine that day, said he became irritated when the infant wouldn't stop crying while he was trying to watch a pornographic movie.

“I grabbed him by his leg and pulled him up and he was crying, and I was like, ‘Stop crying, stop crying,'” Allen said in an interview with police.

He told police that he shook Robert until his “eyes rolled back into his head” and jerked him. He also acknowledged striking the baby's head on a door frame, according to the Aug. 7, 2008, arrest citation.

Kenton Commonwealth's Attorney Rob Sanders, who prosecuted Allen, said in an interview that the only way to stop child abuse is through more education.

“And it's not just education of potential defendants — it's the education of mothers spotting who might be an abuser,” he said.

Christopher Allen

2, Louisville

Aug. 28, 2008

In the case of 2-year-old Christopher Allen, social workers had visited his Louisville home several times in 2008. The boy lived with his mother, Jeannette Allen; her twin sister, Janet Allen; and her 2-year-old son, Wyatt. State officials had visited to investigate reports that the home was filthy, cluttered and filled with animals, feces and urine, according to court records.

On Aug. 25, 2008, following up a new complaint, a state social worker visited the home, observed similar conditions and found the sisters “rude and not cooperative,” according to the deposition of social worker Gabriella Marks in the court file.

After seeing the boys' dirty and cluttered room, where they were confined with a cord tied to the outside doorknob, Marks said she conferred with a supervisor who recommended that she try to find a relative or friend who could take the boys until social workers could finish an investigation.

The twins' sister, Nereida Allen, who lived with her boyfriend, Joshua Peacher, in south Louisville, agreed to take the boys and picked them up that afternoon, Marks' statement said.

The following day, Marks said she called Nereida Allen to check on the boys. The aunt told her “everything's fine,” Marks' statement said.

A day later, Christopher Allen arrived at Kosair Children's Hospital, having been severely battered and covered in bruises — even on the soles of his feet — with injuries to his brain, liver, gall bladder and spleen, according to court records. He died Aug. 28.

Wyatt, who also was injured, was treated at the hospital and has been taken into state custody.

Nereida Allen and Peacher, who told police they hit Christopher during his two days in their care, have been charged with murder. They have pleaded not guilty, and their trial is scheduled next year.

Kayden Branham

20 months, Monticello

May 31, 2009

In some cases, neglect can be just as deadly as abuse.

Twenty-month-old Kayden Branham died from burns and internal injuries after drinking Liquid Fire from a cup at the dilapidated mobile home his mother and father allegedly used as a meth lab. It's not clear why state child-welfare officials failed to realize that neither he nor his mother, Alisha Branham, then 14, were at the Monticello home of a relative where social workers had placed them.

State officials won't comment, citing confidentiality, and others involved in the case say they don't know.

Five people involved in the alleged meth lab were charged with murder in Kayden's death, including his parents, Alisha, now 15, and Bryan Daniels, 19.

Mark Stanziano, a Somerset lawyer who represents Daniels, said officials won't say where Alisha is or who had custody of her at the time Kayden died because of confidentiality rules.

The charges against Alisha were resolved in juvenile court, which is confidential, and Stanziano said he hasn't been able to learn whether she admitted to an offense or what the state has done with her. The adults charged in the case have pleaded not guilty.

“We have nothing about her,'' he said.

At a June 15 hearing in the case, Kentucky State Police Detective Douglas Boyd said Wayne County social-services officials had “not been real cooperative” in providing information about Alisha and that police likely would have to subpoena their records.

In an Oct. 7 interview, Alisha's grandmother, Linda Kay Anderson of Wayne County, said that before Kayden's death, he and his teenage parents had been staying at the nearby mobile home of Alisha's father, Larry Branham, who is Anderson's son — even though state social workers had placed Alisha and her child in the home of another relative.

Anderson said she believes Alisha and the child left their previous home after the utilities were cut off.

Anderson said she didn't know if state social workers, who were supposed to be supervising Alisha and Kayden, knew of their whereabouts, and she blames the social workers for not doing more.

“Now we've lost the baby,” she said.

But she said she doesn't blame the girl or the young father for the death of Kayden. His death was “a terrible accident,” said Anderson, adding that she doesn't believe allegations that the parents were making methamphetamine.

“Everyone involved loved that baby,” Anderson said. “His parents took good care of him. I thought he was safe, but accidents happen. They were good parents.”

December 14, 2009

As allegation rate rises, advocates fear Kentucky is missing some abuse

http://www.courier-journal.com/article/20091214/NEWS01/912140301/As+allegation+rate+rises++advocates+fear+Kentucky+is+missing+some+abuse

By Deborah Yetter
dyetter@courier-journal.com

Even as reports of suspected child abuse and neglect have risen sharply in Kentucky, state social workers are substantiating far fewer allegations than a decade ago — alarming advocates who fear workers with too many cases and too few resources are missing dangerous situations.

In only 12.5 percent of such reports are the state's social workers finding abuse or neglect — far less than Kentucky's average of 27 percent nine years ago, according to a Courier-Journal analysis of data from the Cabinet for Health and Family Services.

Yet the decline comes as reports of suspected child abuse and neglect have risen from about 44,000 nine years ago to about 72,500 for the fiscal year that ended June 30 — a 64 percent increase, according to the newspaper's analysis.

Patricia Wilson, the state cabinet's commissioner for social services, said she believes better screening of reports accounts for some of the decline.

In 2004, the cabinet implemented a new screening process workers use to separate calls about abuse and neglect from those where families may merely need assistance with such things as housing, food, clothing or utilities, she said. Once such calls are eliminated from what the cabinet considers actual allegations of abuse or neglect, “we're seeing rather consistent results'' in substantiation rates, she said.

But advocates worry that the decline means the state is missing abuse and neglect.

“That just doesn't compute,” said David Richart, a longtime child advocate and consultant in Kentucky. “It means investigations are not being done thoroughly or they're being screened out. That's very dangerous.”

About 2,800 fewer reports were substantiated last year than nine years ago, even though the number of allegations had risen by nearly two-thirds, the newspaper's analysis showed.

Michael Petit, president of the Every Child Matters Education Fund, a Washington group that produced an October report that showed Kentucky first among the states in the rate of child deaths, based on 2007 data, said the declining substantiation rate doesn't mean the rate of abuse is declining.

“It may be going up,” he said.

LIMITED RESOURCES

Social workers are ‘crushed by caseloads'

Frontline social workers told lawmakers in October that they simply don't have the staff and resources they need to do the job properly.

“The state leads the nation in child abuse deaths,” said social worker Sheila Patrick, holding up a copy of a Courier-Journal story on the subject to members of the House-Senate Health and Welfare Committee. “That's as high a price as you can pay.”

Workers told the committee that because of staff shortages and growing caseloads they have scant time to thoroughly investigate reports of alleged abuse or neglect.

In Louisville, supervisors are pulling workers with little experience from other areas to investigate reports so they can meet timelines established in state regulations — one hour for an emergency, where a child's life is believed to be in danger, and 12 to 48 hours for nonemergencies, social worker Patricia Pregliasco told lawmakers.

Without doing that, Pregliasco told lawmakers, the cabinet simply doesn't have enough investigators to meet the deadlines and file reports.

“We are stretched too thin,” she said.

Even the 2006 death of Boni Frederick, a Western Kentucky social service aide slain on the job, brought few improvements. In 2007 lawmakers passed the “Boni Bill,” aimed at providing more resources for social service employees to do their jobs safely. But they never funded it fully.

“After the Boni Bill, we were supposed to see changes,” Patrick said at the October hearing. “In reality, not a lot has changed.”

Today the state has about 1,520 “front-line” social workers to investigate child abuse and neglect — about 125 fewer than in 2007.

Budget figures provided by the cabinet show that three rounds of cuts since January 2008 have eliminated $51million in General Fund money from human services programs — about 15 percent of the $347million in state money allocated to the cabinet in fiscal 2008-09.

And that has forced the social services agency to eliminate many programs for children and families that were funded solely with state money.

Meanwhile, caseloads — supposed to be limited to 18 per social worker at any one time under professional standards — are climbing. Many workers are managing 25 or more, several workers told lawmakers at the committee hearing.

“Workers are being crushed by caseloads,” Pregliasco said.

Wilson said that she realizes workers are under stress and that she is trying to fill as many jobs as she can — even as workers quit or retire.

“Absolutely, the sense of having more work than they can say grace over is real,” Wilson said. But she added that, with a series of cuts to human services programs since early 2008, it's unlikely she will be able to significantly increase staff.

“It is a function of the budget,” she said. “There is not likely to be any new money in the state of Kentucky any time soon.”

Terry Brooks, executive director of Kentucky Youth Advocates — which is lobbying for a complete overhaul of the state's tax system to create a more stable revenue base — said he believes child welfare in Kentucky is “headed toward a cliff.”

“You can't do child welfare on the cheap,” he said. “I think legislators are delusional if they don't think budget cuts are going to affect children and families. The question is, what kind of tragedy is it going to take to get the attention of legislators?”

Perhaps such a tragedy as the case of 10-year-old Michaela Watkins.

In 2006, Michaela was placed in the home of her father and stepmother by state social service officials. The next year she died from horrendous abuse, suffering a crushed chest from a beating and a scalding so severe that her skin sloughed off.

“It was horrible,” said Charles Johnson, a Clark County assistant commonwealth's attorney who also served 26 years with Kentucky State Police.

“It was the most horrific case I every prosecuted —– the most horrific in almost 40 years in the criminal justice system.”

Michaela's father and stepmother, Patrick and Joy Watkins, were convicted of murder last year and sentenced to life in prison.

The Every Child Matters report highlighted the death of Michaela — one of 41 children killed in fiscal 2007 -08 — as a reason states need to put more resources into helping troubled families and children, particularly for services meant to recognize and prevent abuse.

PROGRAMS CUT

It ‘positively' has hurt needy families

Yet in the two years since Michaela's death, Kentucky has been forced to eliminate numerous social service programs because of budget cuts and is anticipating more. Cuts made since early 2008 range from intensive in-home help for parents at risk of losing their children to free bus tickets for poor families ordered to attend counseling or drug treatment.

While the loss of free bus tickets might not seem like a big cut, it has had a major impact in Jefferson County, where family court judges relied on them to help impoverished families get to appointments, Jefferson Family Court Judge Eleanor Garber said.

Participants in the year-long family drug court program are required to get jobs, attend regular Alcoholics Anonymous or Narcotics Anonymous meetings, keep appointments to visit children and appear in court. Most are too poor to own cars or afford bus fare, so the loss of free transportation is “a serious problem,” Garber said.

The state also has cut funds for drug screening of parents — even as workers report that suspected substance abuse among clients is soaring.

Wilson, the social services commissioner, said she regrets having to cut many worthwhile programs.

“There's no question that for the families that otherwise would have received these services, absolutely, positively it has hurt them, ” she said. Further cuts, she said, “will have a significant impact on our ability to meet service needs and our ability to meet our mandates.”

Some programs affected by the cuts are run by nonprofit agencies, such as Louisville's Brooklawn Child & Family Services and Home of the Innocents, where trained staff worked with families to prevent parents from losing custody of their children.

“It was tremendously successful in keeping kids out of the foster care system,” David Graves, president of Brooklawn, said of the $255,000-a-year program his agency offered for eight years until the state canceled it last year. “It's one less option for families.”

Now families are more likely to lose children to foster care — a more costly and less desirable outcome, said Bill Smithwick, president of Sunrise Children's Services, a statewide nonprofit children's agency.

“Early, in-home intervention is much cheaper than the subsequent foster care or residential treatment, and better for the children and their families, ” he said.

Jefferson Family Court Judge Stephen George agreed that some cuts end up costing the state more.

Delays in getting counseling classes for parents, for example, means that children removed from their home must stay with relatives or in foster care longer — at a cost of $300 to $900 a month. It would be cheaper and better for families to try to resolve problems and get kids back home sooner, he said.

And the state forecast of an even worse budget outlook for the next two years has many child advocates alarmed.

“I'm scared about this coming year,” said Gordon Brown, president of Home of the Innocents in Louisville. “We're already on a razor-thin margin. The only way I'm operating now is going out and begging money from donors.”

STRAIN ON WORKERS

Under ‘much more of a burden'

Judge Garber said the strain on social workers is evident.

“We definitely see it,” she said of social workers who appear in Jefferson Family Court. “We can tell how much more of a burden per person they have when we see them in court.”

Kenton County social worker Barbara Cowan told lawmakers in October that in some offices, workers are under pressure from supervisors to close cases faster to meet various state and federal deadlines.

“I have been told I spend too much time on paperwork,” she said.

In seven “whistleblower” lawsuits filed in recent years, workers allege that in some cases, documents that showed workers were meeting deadlines and making required visits to homes have been falsified. Covington lawyer Shane Sidebottom filed the suits on behalf of social workers who claimed they suffered retaliation when they attempted to point out violations.

In 2007, the Cabinet for Health and Family Services paid $380,000 to settle one of those cases, from a former social worker who claimed she was pressured to ignore suspected child abuse and withhold information from a judge to speed up the adoption of two small children into an unsuitable home and close the case.

A Grant County worker with similar claims settled her case for $45,000, and five lawsuits are pending.

In one of the pending cases, a former Jessamine County worker alleges she was pressured to change dates on reports of abuse to cover delays in investigating them. If an emergency report came in late in the day that needed to be investigated within the hour, for example, supervisors would tell workers to date the call as having come in the next day, the lawsuit said.

Sidebottom, who said he has fielded calls from dozens of social workers statewide, doesn't believe conditions are improving.

“Every worker I've talked to said it's virtually impossible to do your job to the best of your abilities and meet the time deadlines,” he said. “They don't want to get in trouble , but they want to do the right thing.”

Reporter Deborah Yetter can be reached at (502) 582-4228.

Petition for Shavon's law to hold CPS workers liable for failure to protect

2009-12-12T23:59:00.005-05:00

Petition for Shavon's law to hold CPS workers liable for failure to protect

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m12d12-Petition-for-Shavons-law-to-hold-CPS-workers-liable-for-failure-to-protect#

When Shavon Miles passed out in front of her Chicago area home on August 6, 2007 her mother and step-father did not react the way that normal parents would have.

Instead of seeking immediate medical attention for Shavon, they allegedly accused her of faking a seizure and dragged her into her home where Shavon was then beaten to death with an electrical cord and wooden 2x4 until, in the words of the Chi Town daily news, "the wood was stained red with the child's blood."

D.A. AND POLICE DEPARTMENT ASK THE SBI TO INVESTIGATE CUMBERLAND COUNTY DSS

2009-12-07T15:41:00.002-05:00

D.A and Police Department ask the SBI to investigate Cumberland County DSS

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m12d7-DA-and-Police-Department-ask-the-SBI-to-investigate-Cumberland-County-DSS

According to a letter from Cumberland County District Attorney, Ed Grannis to Cumberland County Manager, James Martin, the District Attorney’s Office and the Fayetteville Police Department are both questioning whether the Cumberland County Department of Social Services has disclosed a “complete and accurate record” regarding the case of murdered 5-year-old, Shaniya Davis.

For more on this story, visit the link above...

COUNTY'S POOREST CHILDREN HAVE DEATH WITHOUT DIGNITY

2009-12-07T15:30:00.003-05:00

County’s poorest children have death without dignity

Macabre IDs, no headstones for county’s wards, indigents

http://www.lasvegassun.com/news/2009/dec/05/death-without-dignity-tots/

By Joe Schoenmann (contact)

Saturday, Dec. 5, 2009 | 2 a.m.

A granite bench capped with a small statue of an angel hugging a cross overlooks the section of Woodlawn Cemetery where Clark County’s abandoned or most-impoverished children are buried.

Residents raised money to buy the bench and a headstone for 2-year-old Adacelli Snyder, who starved to death in a filthy room in a trailer in northeast Las Vegas four years ago.

Her grave marker is one of 29 in that section. On some, people have left reminders of the childhoods cut short or never started — toy dinosaurs, cars, a snowman, a cookie.

As sad as those graves are, most of the tragedy remains hidden.

Below the surrounding surface are the remains of at least 81 more children.

“Baby Boy Charles” was killed by one of his foster mothers in 2006, but only recently got a headstone, thanks to another foster mom. It is engraved with a baby holding a teddy bear and the dates that bookend the boy’s seven months of life.

Donna Coleman, a longtime children’s advocate, attended the installation of the marker and took a long look at the headstone over Snyder’s grave.

“It dawned on me that the community got together and bought that stone, too,” she said. It left her wondering: “Was it possible that children are buried here without stones?”

She was heartbroken to learn her hunch was right — and the number was far greater than she imagined.

Most of the children’s graves in this area of Woodlawn are identified on a cemetery map as A. Doe or B. Doe — “A” and “B” because they are buried two to a site — followed by an ID number and date of death. Others are given macabre names: “Skeletal,” “Half Skull,” “Ice House,” “Alta (Drive) Bones.”

Some of the graves lack markers because the babies were abandoned. In other cases, the families couldn’t afford to mark the children’s graves. A Woodlawn Cemetery spokeswoman guessed that 10 to 15 had been wards of the county when they died. Coleman said Clark County Family Services Department is trying to verify those numbers.

However they ended up in Woodlawn and whoever they were, the children deserve, at the very least, to have their graves marked “to acknowledge that they lived, they were on this Earth. Though some had an obviously very unhappy time on Earth, they were still here,” Coleman said. “They were still people and should be acknowledged for future generations for anyone who wants to find them.”

Seeking ways to do that, Coleman found Garden of Innocence National, a group started 10 years ago in San Diego County that voluntarily buries abandoned children and provides headstones. The group also has a branch in San Francisco and is working on ones in Seattle and St. Louis.

Two years ago Elissa Davey, Garden of Innocence founder, said she tried but failed to get Clark County officials interested in her group.

Davey wanted to handle memorial services for Southern Nevada’s abandoned and indigent children. In San Diego County, Garden of Innocence conducts services for children prematurely born who are 20 weeks or older and for those up to 7 years of age, although the oldest so far has been 3.

Although Davey found sympathetic ears in the county’s Social Service Department, she said county administrators weren’t interested.

“We had a lot of other states interested, and (Clark County) just didn’t seem to want to work with us, so we moved on,” Davey said.

Nancy McLane, Social Service director, said one problem was Davey’s group didn’t want to simply provide headstones; they wanted to take custody of the bodies.

“They wanted to do everything, and they are not a mortuary,” McLane said, so the county decided not to work with them.

The way it works now, McLane said, Clark County “has a long-standing relationship” with local mortuaries that are on a rotating list to provide burials or cremations for the indigent or abandoned. It’s not free. Taxpayers pay $425 per adult and $175 per child for cremation, while burials cost $1,827 per adult and $507 per child.

The cost does not include headstones.

In the first four months of this fiscal year, the county paid $150,000 for 298 cremations and 16 burials. McLane did not have the deceased broken down by age.

In 2008-09 the county paid local mortuaries $415,000 for 863 cremations and 41 burials; the year before that, $343,000 for 712 cremations and 29 burials.

In San Diego, Garden of Innocence keeps small caskets, blankets and toys in a storage area. All materials are donated. Boys’ caskets are lined with blue; girls’ with pink. When Davey picks up a child from the morgue, she takes two blankets and a toy. The body is taken to a mortuary that voluntarily stores the body until the day of the service.

Everything is donated, including money to pay for headstones, which in San Diego are $220. In San Francisco they are $250.

A price sheet at Woodlawn lists its 16-by-8-inch flat granite headstones at $470.74, including installation, endowment care and tax.

Coleman figures two names could fit on one headstone to reduce costs. She is seeking a lower price from cemetery managers.

She has contacted Sen. Barbara Cegavske, R-Las Vegas, to see if legislation might be the way to force the government to pay for headstones for children who were government wards.

Reached at a conference in Washington, Cegavske said she “choked up” when Coleman told her about the babies and saw the “emotionless” names meant to identify them.

“I didn’t know about these babies at all,” she said. “And who came up with this verbiage, these names? Who thought that was a sensitive way to do it?”

Cegavske introduced legislation in 2001 to allow parents to leave children at fire stations, police stations or other places without fear of arrest for abandonment. At the time Palm Mortuary donated 130 burial plots for indigent or abandoned babies and erected a monument with the babies’ names engraved on it. But no babies have been buried in those Palm plots yet, and the monument bears no names, a spokesman said.

“They have that available,” Cegavske said. “I’m not sure why no one is using them.”

The spokesman for Palm Mortuary said the reason is “the county takes the children to Woodlawn.”

But Palm, which is in the county’s rotation of mortuaries, has never raised the matter with the county.

As for Garden of Innocence, Davey said if the snag is that the county insists only mortuaries have custody of the children’s remains, that’s not an obstacle. “We’d be fine with that,” Davey said.

“Our concern is the dignity of that child,” Davey said. “They are human beings. They deserve simple headstones and a service, to have somebody there who cares.”

MOM PLEADS NO CONTEST IN QUADRIPLEGIC GIRL'S DEATH

2009-12-07T15:21:00.002-05:00

Mom pleads no contest in quadriplegic girl's death

http://www.google.com/hostednews/ap/article/ALeqM5iX3IKWT5t9haQq7vk7pkPNDlwCuQD9CCPN880

By ED WHITE (AP)

DETROIT — A Flint woman accused of starving her adopted quadriplegic daughter to death and stashing the body in a storage unit pleaded no contest Friday to involuntary manslaughter.

Lorrie Thomas' plea came four days before she was to go to trial on second-degree murder and other charges.

The body of 9-year-old Shylae Thomas was found inside a 33-gallon container in a storage unit in Vienna Township, about 65 miles northwest of Detroit, in April. Police have said the girl was starved to death.

Her body was covered in mothballs and stored for about six weeks before it was discovered.

Authorities claimed Thomas, 40, didn't provide enough liquid nutrition through a permanent feeding tube in the girl's stomach.

"There are certainly no winners in this situation," prosecutor David Leyton said in a statement. "I am only gratified in knowing that we, as a community, were able to give Shylae's life the respect it deserved in a court of law."

While a no-contest plea is not a guilty plea, it is treated the same when determining a sentence. Defense lawyer Mark Clement predicted Thomas would get 3 1/2 to seven years in prison when she returns to court Jan. 11. The maximum punishment is 15 years.

Clement said Thomas received conflicting feeding instructions and didn't intend to mistreat the child. But he said a plea deal was in her best interest.

"You'd have a jury that's going to look at horrific photographs of a child that's been paralyzed all her life," Clement told The Associated Press by phone from Flint. "We were really concerned the jury would have no context to put that in, other than their own healthy children."

Thomas was Shylae's biological aunt before she adopted her in 2003. Court records show the girl's short life was a tragic one.

Shylae nearly suffocated in her crib shortly after birth in 1999 and became a quadriplegic. In 2000, state child welfare workers stepped in when she broke a femur. Her biological mother claimed the girl fell from a sofa, but her doctor was skeptical.

"Shylae had a real rough go," Leyton said.

Dr. Allecia Wilson, who performed an autopsy, said her death was caused by a combination of neglect, malnourishment and dehydration. She weighed just 33 pounds, and bones were sticking through her skin.

Thomas also pleaded no contest Friday to child abuse, tampering with evidence, welfare fraud and moving a dead body. She was receiving a state subsidy of nearly $3,000 a month to take care of a child with special needs and cashed checks even after Shylae's death.

The Michigan Office of Children's Ombudsman investigated the case and found there was nothing the state Department of Human Services should have done to prevent the death, investigator Mike Roxberry said Thursday.

The child's body was discovered because a rookie child welfare worker investigating a complaint involving Shylae couldn't find her at home.

Thomas initially told authorities a friend was driving the child to Virginia where the family planned to relocate.

WERE THEIR DEATHS PREVENTABLE?

2009-12-07T15:15:00.002-05:00

Were their deaths preventable?

As details of the Westerville murder-suicide emerge, there are questions about what was known of the family, when and by whom

http://www.dispatch.com/live/content/local_news/stories/2009/12/05/murder-suicide_westerville_f.ART_ART_12-05-09_A1_3TFT8G8.html?sid=101

Saturday, December 5, 2009 3:10 AM

By Theodore Decker, John Futty and Rita Price

THE COLUMBUS DISPATCH

Three weeks before their father killed them, Nicole and Sarah Dobson met with a child-welfare worker who asked whether he had hurt them.

"The girls denied that they were abused or maltreated," said Eric Fenner, executive director of Franklin County Children Services.

With no physical evidence or statements supporting the allegations that had been made in a referral, the caseworker saw no grounds to remove the children from Daniel J. Dobson's Westerville home, Fenner said yesterday.

Police say Dobson, divorced this year from the children's mother, Joyce, shot the girls and then himself Thursday in an upstairs bedroom of the house at 813 Westray Dr., just west of Sunbury Road.

Now the agency is left to wonder: Were the girls so scared that they lied? And if so, did investigators, who had been called about the Dobsons twice before, do everything they could to find the truth?

"A child who is afraid may not say everything," said Fenner, who had tears in his eyes as he talked about the shooting deaths of Nicole, 15, and Sarah, 11. "What worries me is, 'Did they reach out to someone? Did they try?' "

In early 2008, both girls reportedly said that, on a scale of 1 to 10, their fear of their father "was close to 10," according to the complaint Children Services supplied to Westerville police.

The report indicated that Mr. Dobson sometimes hurt the girls by tickling them and bruised them by squeezing them too hard, usually while he was intoxicated. Sarah reportedly said she "wished she could hurt her father so he doesn't kill us."

But Fenner said those comments came not from a caseworker but from the person who referred the case to the agency, whose identity is protected by law. He said those were the type of claims that the agency was unable to confirm.

Police closed their investigation of the 2008 case as "unfounded" after the mother told them "this whole thing was blown out of proportion and has been resolved," a detective's report shows.

"Daniel is in counseling and on antidepressants," the detective wrote.

Fenner said the agency will investigate and review all its work in the case. In addition to the recent allegation, he said caseworkers had received referrals about the treatment of the children in October 2007 and February 2008.

In each case, no abuse was substantiated, although it was clear that the mother and father had a volatile relationship, Fenner said. "Dad was drinking; there was some domestic violence." Franklin County records, however, show that Dobson had never been charged criminally.

Fenner said the most-recent complaint, that Dobson had slapped his older daughter on the leg, came in to the agency on Nov. 2. The caseworker went to the house several times before finally finding Mr. Dobson at home on Nov. 13.

The caseworker notified Westerville police about the case, standard practice when a physical-abuse allegation is made, officials said.

Lt. John Petrozzi said a detective left a voice mail for Dobson Monday night. Dobson didn't return the call.

Petrozzi said information supplied by Children Services indicated that a therapist alerted the agency about Nicole's claim that her father slapped her on the leg "because she wasn't getting ready for school fast enough."

Handwritten notes that Dobson left before killing himself make no mention of child-abuse allegations. He wrote various notes to his family, his ex-wife, even his doctor, all on the same notepad. He thanked his family for their love and support through the years and said there was nothing more they could have done.

The letters expressed no anger toward his ex-wife, or anyone else, and said that he had entertained suicidal thoughts for decades and wanted to spare his daughters pain.

"There will be no more worries for us," he wrote.

"I could not stand to see Nicole and Sarah suffering and could not leave them behind."

He also left a note at the bottom of the stairs.

"Joyce, do not come upstairs. Call the police."

The Dispatch reviewed the notes at the Franklin County coroner's office through a public-records request.

According to a 911 call from the younger girl's principal, which led to the discovery of the bodies, school administrators were aware of domestic problems.

Kathleen Norris, the principal of St. Paul Elementary School in Westerville, called 911 Thursday after Sarah failed to show up for school and her father didn't report her absence.

In her call, Norris was asked by a 911 operator whether Daniel Dobson might harm Sarah.

"Mother feels that, yes, but I have, I have no proof," Norris said. "She was worried."

She described the parents' relationship as "adversarial."

After 10 years of marriage, Mr. Dobson filed for the divorce in August 2008 and it was granted in May. He kept the house and agreed to a shared-parenting plan with his ex-wife. Nicole was to live primarily with her father, and Sarah would move between their homes on a week-to-week basis, court records show.

Although the girls were not in school on Wednesday, Petrozzi said detectives think they weren't killed until sometime Thursday morning, possibly before dawn.

What the three did during the day on Wednesday is unclear, though he said he thought the girl's mother spoke to one or both girls Wednesday morning, and a neighbor reported seeing Mr. Dobson in his garage about 9 p.m. Wednesday.

Franklin County Coroner Jan Gorniak could not pinpoint a time of death but said the girls and their father likely died Wednesday night or Thursday morning. She said all died of single shotgun wounds to the head.

Fenner said cases involving domestic violence can be difficult for child-welfare agencies, partly because fear and threats are more difficult to substantiate -- and to read on children's faces -- than physical abuse and neglect.

He said the agency is developing a special unit that will have more training.

"This is an area we want to strengthen," he said. "We want to find out how we can, within the confines of the law, delve deeper."

LAWYER ACCUSED OF ASSAULT ON DHS WORKER

2009-12-07T15:03:00.003-05:00

Lawyer accused of assault on DHS worker

http://www.philly.com/philly/news/homepage/20091204_Lawyer_accused_of_assault_on_DHS_worker.html

By JULIE SHAW
Philadelphia Daily News

shawj@phillynews.com 215-854-2592

A lawyer was hauled out of a Family Court building in handcuffs earlier this week after a social worker accused him of elbowing her in the ribs after he sat down next to her.
Peter Quinn, 53, was charged with aggravated assault and related offenses in the incident, which occurred Tuesday while the two were waiting for a case to be heard in Courtroom K at 1801 Vine St.

After being led out of the building, he was held in a police holding cell for about 15 hours before being released, he said.

Department of Human Services social worker Tamika Cintron, 36, contended that Quinn elbowed her and called her offensive names, according to a police report and DHS Commissioner Anne Marie Ambrose. Ambrose said that Cintron did not know why Quinn elbowed her.

Quinn, in a phone interview yesterday, denied the allegations.

Cintron did not return a phone call for comment.

On Tuesday morning, the two were in the waiting room on a dependency case in which Quinn was representing a parent. Cintron was there to testify in her role as DHS social worker. Cintron was sitting down.

According to a police report, Quinn sat down and threw Cintron's jacket to the side, then elbowed her in the left side of the ribs. Cintron then stood up and said to Quinn: "What the hell is wrong with you?"

Cintron said Quinn then got up and called her a "bitch." She then went to Courtroom K to get away from Quinn and Quinn tried to follow her into the room but was stopped at the door by court officers, according to the report.

One observer who was in the court area said yesterday that he saw Cintron by the door yelling, "He hit me! He hit me!" referring to Quinn. The observer said Cintron was "visibly shaken and crying."

Ambrose yesterday called Cintron an "excellent social worker."

City records show that Cintron began working at DHS about two years ago. Ambrose said that Cintron characterized the incident as an "unprovoked attack."

Quinn said that during his approximately 18 years of handling dependency cases "nobody ever accused me of this stuff."

He said that when he went to sit down in the empty seat, he did not initially know Cintron was next to him. He said that the sleeve of her jacket was on his seat and that he moved it toward her seat.

That "pissed her off," he said, contending that she then said to him: "What the f--- are you doing?"

He contended that she elbowed him, then got up and started yelling in the hallway, which separates the waiting area from Courtroom K.

An aggravated-assault charge is routinely lodged when an alleged victim is a member of a protected class, including that of a social worker. Quinn was also charged with simple assault and reckless endangerment.

Sources who know Quinn professionally yesterday described him as argumentative.

One source who works in Family Court said that Quinn "has had difficulties in dealing with people on a daily basis." Another source called Quinn "crazy" and said that "lots of people" have had confrontations with him.

When asked about these comments, Quinn said: "I don't think that's true."

Ambrose said she was not aware of any other recent case of a social worker reportedly being attacked while in court. DHS records show there have been 17 reports of social workers' being injured while out in the field since social worker Danelle Cooper was beaten by Sharonda Sowell in North Philly in fall 2007.

COLORADO AGAIN FAILS FEDERAL TEST ON CHILD PROTECTION

2009-12-07T14:55:00.002-05:00

Colorado again fails federal test on child protection

http://www.denverpost.com/headlines/ci_13931269

By Electa Draper
The Denver Post

Posted: 12/05/2009 01:00:00 AM MST
Updated: 12/05/2009 01:43:09 AM MST

Colorado's child-welfare system again fell short of federal standards for protecting the safety and well-being of the state's kids, according to a comprehensive federal review released Friday.

Despite extensive public and political focus on human services following a series of preventable children's deaths, Colorado's overall performance, assessed between Oct. 1, 2007, and March 20, 2009, was no better than its substandard showing after the first such review was completed in 2002.

"There is no measurable improvement. It's a sobering result," said Liz McDonough, spokeswoman for the Colorado Department of Human Services.

Colorado's child-welfare system, one of 11 in the nation where services are delivered by individual counties instead of the state, demonstrated a lack of consistency and problems with accessibility of services and accountability, said the new report by the federal Department of Health and Human Services.

"This points out yet again that we need one place where there is oversight, one place where the buck stops instead of counties," said child-welfare investigator Adoree Blair of Integrated Family Services.

Her husband, Jim Blair, an adviser to the Rocky Mountain Children's Law Center, said consolidation of services could save $30 million a year.

County leaders have argued against having the state take over delivery of services, saying local caseworkers know best how to deal with their residents.

But the federal review shows that the state needs to greatly improve its system for protecting vulnerable children, said state human services executive director Karen Beye.

"Geography should not determine the availability of quality services," Beye said.

The state has until the end of the year to complete a plan to address system failings, McDonough said.

The federal government will work with the state to implement the plan, providing technical assistance and monitoring progress, said U.S. Health and Human Services spokesman Kenneth Wolfe.

"States that do not make required improvements are to be penalized," Wolfe said.

To date, Colorado has not suffered any fiscal sanctions as a result of the two reviews, McDonough said.

Federal Health and Human Services based its evaluation on state data, the state's own review, stakeholder interviews and on-site observation of 65 cases in Denver, Fremont and Larimer counties.

Of the seven system areas under review, the state conformed to federal standards in two: agency responsiveness to the community and the licensing, recruitment and retention of adoptive parents.

The state failed in five areas.

• The state did not achieve substantial conformity with national standards in protecting children from abuse and neglect, according to both the 2002 and 2009 reviews.

• Children did not have permanency and stability in living situations, both reviews found.

• The state did not enhance families' capacities to provide for their children's needs, both reviews found.

• The state generally did not meet standards for staff and provider training in 2009, but did in 2002.

• The state's array of services for assessing the strengths and needs of families and for keeping children safe did not meet standards in 2009, but did in 2002.

Gov. Bill Ritter created the Child Welfare Action Committee in 2008 to look at reform. The committee, which will issue a final report in early 2010, has made 29 recommendations to the governor. He has accepted 27, McDonough said, including the Child Welfare Training Academy, slated to open in January.

Two recommendations — moving away from a 64-county system to a regionally administered one and adopting a centralized call center — are still under consideration.

ABUSE HOTLINE WILL GET CLOSER DCF REVIEW

2009-12-07T14:42:00.001-05:00

Abuse hot line will get a closer DCF review

In reaction to concerns that some reports of abuse go unaddressed, Florida will beef up a program designed to help families who are the subject of abuse allegations.

http://www.miamiherald.com/news/southflorida/story/1362864.html

BY CAROL MARBIN MILLER
cmarbin@MiamiHerald.com

Florida social service administrators will strengthen their response to calls for help to the state's abuse hot line after The Miami Herald reported that thousands of calls each month are being ``screened out'' and not forwarded for investigation.

In an e-mail to top administrators at the Department of Children & Families, the agency's family safety director is ordering hot-line calls not sent over to an investigator to be ``triaged'' by caseworkers within 48 hours.

Referrals from the hot line to prevention workers will be ``reviewed and assessed for action within 24 hours of being accepted by the hot line,'' and could result in further investigation, DCF Family Safety Director Alan Abramowitz wrote Tuesday in a memo that spells out a host of new steps to better protect children and vulnerable adults who are the subject of hot-line calls.

In a meeting with The Herald's Editorial Board on Wednesday, DCF Secretary George Sheldon said his agency will continue to monitor the screening of calls, as well as the prevention program, both internally and by a group of outside task forces he appointed to help improve child safety.

``Clearly, we've got to do a better job,'' Sheldon told the board by telephone.

On Sunday, The Miami Herald reported that DCF had dramatically stepped up the number of hot-line calls that are ``screened out'' because they do not warrant a full-scale investigation.

Generally, administrators say, calls are passed over because allegations do not meet the statutory definition of abuse, neglect or abandonment.

Agency records show, however, that DCF is screening out allegations of physical or sexual abuse, medical neglect and inadequate supervision of very young children. Calls from judges, social workers, school counselors and hospital workers are among those that have gone without investigation.

In an e-mail to juvenile court judges, private foster-care and adoption workers throughout the state Tuesday, Sheldon took issue with some of the article's findings. By dramatically ramping up the prevention effort, he said, child welfareadministrators are protecting more kids than ever.

``The Herald article may have left an impression about the way we operate the hot line,'' Sheldon wrote. ``None of the calls cited were `turned away' or `rejected' or `unheeded.' ''

``I want to emphasize that the changes in hot-line procedures we made last year, which were the subject of the Herald article, are a step in the right direction but must still be improved,'' Sheldon added.

Among the changes to hot-line protocols announced this week:

• Beginning in January, DCF will record all referrals for prevention in the state's systemwide child welfare database, called Florida Safe Families Network.

In the past, the network did not document such contacts with families, making it difficult for investigators to get a full picture of a family's history with the state.

Don Winstead, DCF's deputy secretary, said Wednesday that the agency already is moving on an upgrade that will allow the network database to be compatible with a separate database containing hot-line reports that were rejected. Winstead said the upgrades may be completed by the new year.

• For all prevention cases, DCF caseworkers will either resend the report back to the hot line for a full investigation, call the family at the center of the report to address the family's needs, or schedule a visit by an investigator to better assess risk.

``An on-site response is required when there is evidence of possible significant risk to the well being of a child or vulnerable adult if such action is not taken and addressed,'' Abramowitz wrote.

SUSPECT IN CHRISTOPHER THOMAS CASE CHARGED WITH WITNESS INTIMIDATION

2009-12-07T14:36:00.002-05:00

Suspect in Christopher Thomas case charged with witness intimidation

http://www.jsonline.com/news/milwaukee/78488032.html

Reginald Keith, already charged with child neglect and failing to protect Christopher Thomas' sister from the crippling abuse inflicted by his wife, Crystal Keith, was charged Thursday with intimidating a witness: Crystal Keith's sister.

Crystal Keith, 25, was convicted in May of beating 13-month-old Christopher to death and torturing his then 2-year-old sister. She was sentenced in July to serve 50 years in prison.

The Keiths are the Thomas siblings' aunt and uncle and had been their kinship foster parents. Reginald Keith, 27, was charged in February with failure to act to prevent great bodily harm to a child and child neglect. His trial is scheduled to begin in January.

One of the key witnesses in Reginald Keith's trial is expected to be Crystal Keith's sister, Veneesa Smith.

According to police, Keith took Christopher's sister to Smith's home on Nov. 10, 2008, after Crystal Keith had beaten Christopher, who would die from his injuries the next day.

The 2-year-old girl had been beaten, lashed and burned. She was covered with scars and could not walk. According to the complaint filed Thursday, Smith asked Reginald Keith what had happened to the child.

"Reginald told her that (the girl) does not walk or talk because she was born with several physical defects," the complaint says.

"Reginald responded that (the girl's) face was like that when she was born and her legs were swollen because (the girl's) skin would 'bubble up,' " the complaint says.

Reginald Keith's trial was originally scheduled for June 1.

According to the complaint filed Thursday, Keith wrote Michelle Smith in May and asked her to persuade her sister, Veneesa Smith, not to testify against him.

The complaint quotes Keith's May 8 letter:

"Hey Michelle how are you doing? I know I wrote you a couple of days ago. But I just went to court today and I saw veneesa on the witness list for the D.A. so can you tell her not come to court to testify against me on the first of june, 2009. Because my lawyer said the D.A. have nothing on my but only veneesa testimony that I told her what crystal told me. So my lawyer now trying to dismiss my case. So tell her please please michelle and please tear up this letter when you are done reading it okay michelle."

The letter contains a postscript that says:

"PS: Read it and tear it up ASAP."

Reginald Keith is scheduled for a hearing on the abuse charges Friday before Milwaukee County Circuit Judge David Borowski.

Reginald Keith's attorney, Glenn Givens, has alleged that Crystal Keith has attempted to turn the Keiths' biological daughter against Reginald Keith. He has asked that a special prosecutor be appointed and that a John Doe investigation be convened to investigate possible witness tampering by Crystal Keith and Michelle Smith.

Borowski is expected to rule on those motions Friday.

Keith faces up to 18 years in prison on the abuse charges.

He now faces an additional 10 years in prison on the intimidation charges.

NORTH CAROLINA CHILD PROTECTIVE SERVICES ILLEGAL AND UNETHICAL PRACTICES?

2009-12-03T02:03:00.004-05:00

North Carolina Child Protective Services illegal and unethical practices?

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m12d2-North-Carolina-Child-Protective-Services-illegal--and-unethical-practices#

Do you know a child who has died during or after a DSS investigation in North Carolina?

Do you know a child who has died after reports of abuse where made to DSS? Did DSS ignore your report and fail to protect the child?

Do you know a child who has died in foster care or after being adopted from foster care due to child abuse or neglect?

Are you the family member of a child that died during or after DSS involvement?

Are you a family member of a child who has died as a result of DSS policy violations or inaction when it came to investigating reports of abuse?

To read more of this article please visit the above link...more importantly, if you have a complaint against North Carolina DSS, in any county...visit the above link and contact the reporter.

SHAQUILLE O'NEAL PAID FOR SHANIYA DAVIS' FUNERAL

2009-12-01T16:06:00.002-05:00

Shaquille O'Neal paid for Shaniya Davis' funeral

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m12d1-Shaquille-ONeal-paid-for-Shaniya-Davis-funeral

He may be 7 foot 1 inch tall and wear a 23 size shoe, but the biggest part of basketball great Shaquille O'Neal is his heart.

According to CNN,Shaquille O'Neal paid for the funeral of 5-year-old Shaniya Davis, whose body was found last week, O'Neal's team confirmed Thursday.

O'Neal said in a statement released by his team, the Cleveland Cavaliers, that he was touched after seeing Davis' story on CNN sister network HLN's "Nancy Grace" show. "What happened to her was tragic. I wanted her to have a funeral that would be as beautiful as she was," O'Neal said in the statement.

For more on this story, please visit the above link.

A TINY BOY'S FIGHT FOR SURVIVAL

2009-12-01T15:47:00.004-05:00

A tiny boy's fight for survival

http://www.beaumontenterprise.com/news/local/78126302.html

By HOUSTON CHRONICLE

Posted: November 30, 2009, 7:13 AM CST

His mother is in jail, and his protector is the state. His home is a hospital, and his health is nearly as fragile as the day he landed in the ER at Memorial Hermann Children's Hospital.

Weighing just 17 pounds, 3-year-old Kayvon Lewis arrived in the emergency room last month extremely malnourished, dehydrated and at risk of heart failure and liver damage. He can neither walk nor talk. He is blind and suffers seizures, sometimes five a day.

His mother, authorities say, was starving him to death, a form of child abuse so rare that doctors almost never see it.

About 200 children each year die from abuse and neglect in Texas. Kayvon escaped death by a thread.

And as is often the case, a lengthy list of people knew about the boy's eroding condition, but failed to intervene.

“The care Kayvon was given was pathetic,” said Gary Polland, the attorney appointed to represent Kayvon at court after ER physicians had the boy taken into temporary custody by Texas Child Protective Services.

His mother, Marcia Holliday, 30, has been charged with injury to a child causing serious bodily injury by omission, a first-degree felony.

For more than a month now, doctors slowly have introduced the boy to what's been missing much of his short life: food.

On the night of Oct. 15, according to records, Holliday brought Kayvon to Memorial Hermann Children's Hospital, telling the staff that her son was not eating or drinking and had not wet his diaper all day.

She seemed not to mention, records show, that he was half the size of a normal toddler, or had the head of a boy and the body of an infant — or that he could do none of the things children of his age are supposed to do.

Underlying problems

“He cannot walk, crawl, sit unsupported, pass objects between hands, reach, say ‘mama' or ‘dada,' wave ‘bye-bye,' does not orient to voice,” reads a medical report after his ER exam.

Texas Child Protective Services caseworker Sandra Moy stated the case in more startling clinical terms: “Kayvon T. Lewis' nutritional level was 9.2 when a normal level is 45 and a low level is 18.”

On the same day, pediatrician Dr. William Risser referred Kayvon's case to the Child Abuse Resource and Education Center team, an inpatient consultation service for suspected child abuse and neglect cases.

University of Texas-Houston Medical School's Dr. Oscar G. Larrazolo performed Kayvon's exam, and the findings were verified by CARE team director Dr. Rebecca Giradet, an associate professor at the medical school and staff physician at Memorial Hermann.

Kayvon, the doctors' report noted, was first diagnosed at 9 months of age with “failure to thrive” — a catch-all phrase used to describe a child's condition, not the underlying reason why a child cannot gain weight or develop. Doctors found he had seizures, scoliosis and asthma, underlying health problems. But they told CPS those conditions could not be responsible for his starved state.

“The only reasonable explanation for his starvation is physical neglect,” their report stated.

But as is all too often in the case of abused children, there was no shortage of people who knew about the boy's eroding condition but for one reason or another failed to intervene.

Weight loss a ‘red flag'

CPS investigated its first complaint about the boy's care in January 2008. They found Kayvon's mother was “intoxicated on drugs” and the child appeared to be a “failure to thrive child.” Services were ordered, including sessions with a state dietitian and physical therapist. Nothing about the boy's small size or condition alerted workers that Kayvon was in enough danger that he should be removed from his home, according to court documents.

On March 27, 2008, while the investigation was still open, Holliday tested positive for marijuana. Still, the boy was left in the home after Holliday promised to enroll in a series of early childhood intervention classes. The case was closed on April 1, 2008.

The following month, he was taken to his pediatrician, Dr. Niala Siddiqi. Kayvon, who was just shy of his second birthday, weighed 18 pounds, 6 ounces. Sixteen months later, on Aug. 28, 2009, his weight had dropped by more than a pound.

Siddiqi did not return calls for comment to the Houston Chronicle.

Giradet, one of the team of doctors who examined Kayvon last month in the emergency room, would not comment specifically on Kayvon's case. However, she did say that any young child who maintained such a low weight over more than half his life was a “red flag” that starvation was occurring.

Children, particularly those in poorer circumstances, can be found to be malnourished. But starvation abuse of a child is so rare that Giradet has seen it only three times, counting Kayvon, in her decades-long career.

In interviews, Kayvon's relatives admitted to officials that they had told Holliday to take Kayvon to the hospital on other occasions. But when she didn't, they did not call his doctors or CPS

“Maternal grandmother and maternal aunt stated that they encouraged Kayvon's mother, Marcia Holliday to take Kayvon to the hospital for his condition but that she failed to act,” Moy wrote.

There was a second CPS investigation in November 2008. The agency was notified the boy may not have access to his anti-seizure medication. The case, too, was closed quickly after a check found that he did have his medication.

Denies starving her son

Holliday, who was released from the Harris County Jail this past week, denies she systematically starved her son.

“Everything they say (CPS) is a lie. He wasn't eating or drinking,” she said during a recent interview at the jail. “He has a lot of problems going on.”

Now, two months later, Kayvon's intake of liquid formula is monitored constantly. Too much food at this stage can overwhelm the underdeveloped organs of his tiny 17-pound body. A white mesh glove has been placed over his left hand to keep him from sucking it. Kayvon was starved for so long, he had sucked his thumb raw and a sore developed.

“Since their bodies have not been seeing normal quantities of fats and carbohydrates, their bodily functions kind of shut down,” explained Giradet. “It's very dangerous to suddenly feed a starved child normal food. They can go into liver failure, heart arrhythmia. Their pancreas does not make insulin anymore. All of those functions are not working.”

Explanation elusive

Why Kayvon was starved is hard to say.

“Typically these children come from very stressed families,” Giradet said. “It may be one child is singled out and the other ones are getting adequately fed.”

Neither Kayvon's 6-year-old brother nor his 5-year-old sister showed signs of starvation or other abuse.

Until recently, the children lived with their mother in the Forest Pointe apartments, one of a string of low-income complexes that snake along Northborough Drive in the Greenspoint area of Houston. Both siblings are in foster care.

While Kayvon is out of intensive care, he has yet to try solid food, not even Cheerios or crackers, according to CPS.

Giradet could not say how long it will take a child like Kayvon to recover.

FAMILY OF DROWNED GIRL HAD HISTORY WITH CPS

2009-12-01T14:22:00.003-05:00

Family Of Drowned Girl Had History With CPS

Sacramento Mother Accused Of Homicide

http://www.kcra.com/news/21765041/detail.html

SACRAMENTO, Calif. -- The husband of a woman accused of drowning her daughter was earlier investigated by Child Protective Services after an abuse allegation, but the results were inconclusive.

Anul Ram, 31, was arrested on Nov. 15 on suspicion of killing her 3-year-old daughter, Divya, in an apartment in Sacramento's Greenhaven neighborhood. The mother is scheduled to be arraigned Tuesday on suspicion on homicide.

Documents obtained by KCRA 3 show that a social worker visited the family in June 2008.

The children's father, Dinesh Ram, was accused of physically abusing his then 5-year-old son. CPS later closed the case.

CPS then responded again, after the apparent drowning.

A report by the on-call social worker stated that according to Dinesh Ram, Anul Ram was "not acting right" and had some kind of writing on her face when she came by to pick up their children from his residence.

Dinesh Ram later called police to request a welfare check.

Police were tied up on other calls, at the time, including a shooting death and another shooting.

At 1:50 a.m., Dinesh Ram called back with additional information that led him to believe his wife may have killed the girl, police said.

Other records suggest Anul Ram had a history of allegedly being abused by her husband and had filed for bankruptcy.

According to Sacramento County court records, it appears that Anul Ram, who is from Fiji, was paired in an arranged marriage with her husband.

Documents allege that Dinesh Ram verbally and physically abused Anul Ram for years. Court proceedings started to grant their divorce, according to records, but were stopped.

A temporary restraining against Dinesh Ram was issued in February 2008, records show.

Court records allege a 10-year history of abuse, saying Anul Ram's husband "physically chased her with a fireplace poker pushed her" and told a close friend "that he has purchased a gun and is going to kill me."

Dinesh Ram claims there was no history of domestic violence in their relationship and that his estranged wife was on medication. He wouldn't explain what type of medication she was on or for what type of condition she was being treated.

CRIES FOR HELP TO DCF HOT LINE GO UNHEEDED BY DESIGN

2009-12-01T13:33:00.003-05:00

Cries for help to DCF hot line go unheeded by design

http://www.miamiherald.com/news/florida/story/1356292.html

Thousands of abuse reports to a DCF hot line go unheeded every month because of a new screening process intended to keep the strained system functioning.

BY CAROL MARBIN MILLER
cmarbin@MiamiHerald.com

Sept. 16, 2:02 p.m.: A Broward sheriff's deputy calls the Florida child-abuse hot line to report that a 4-year-old had been molested by a babysitter as the sitter's boyfriend videotaped the assault. A hot-line counselor declines to forward the report to an investigator.

Oct. 6, 10:15 a.m.: A school guidance counselor reports a mother who had repeatedly missed doctor's appointments for her daughter, whose sickle-cell disease is so severe she is losing her hearing and needs a new liver. The report is rejected.

Nov. 16, time unknown: A father is attempting to break into his estranged wife's home. He says he will kill his children. That call, too, is not accepted for investigation.

These decisions, and thousands more, are the result of a little-known -- but potentially dangerous -- practice by the Department of Children & Families: Beginning last year, DCF dramatically increased the number of abuse calls considered unworthy of investigation.

In an effort to reduce workload -- and the system-wide stress that high case loads generate -- intake workers at the Tallahassee-based hot line have been screening out tens of thousands of calls.

Among the screened-out allegations: reports of kidnapping, rape, aggravated child abuse, medical neglect, malnutrition, kids roaming the streets unsupervised and domestic violence that threatens to harm the children.

Among the callers being turned away: school counselors, grandparents, circuit court judges, hospital social workers, day-care workers and juvenile-justice staffers.

The hot line rejected a call from one of the agency's own child-abuse investigators: On Oct. 15, a state child protective investigator filed a report on behalf of an infant whose babysitters' own 4-month-old suffered ``significant head injuries.''

Details of the screenings have come to light as part of a review of procedures by child-welfare managers in Broward County.

DCF administrators say the policy is a necessary triage that allows investigators to concentrate their energies on children who are most at risk.

Last year, DCF Secretary George Sheldon complained at a meeting of an avalanche of frivolous complaints, including a report from a teacher that a child came to school in mismatched sneakers and a report from another teacher about a boy whose underwear was on backward.

``I think this is still a work in progress,'' Sheldon told The Miami Herald last week. ``I think we've got to continue to refine our risk assesment, both at the hot line and in the field.''

``I think we have started this ship turning. But it ain't there yet.''

BEHIND THE SCENES

In Florida, hot-line counselors come from all walks of life. Before being allowed to answer calls -- which number about 190,000 each year -- counselors are given seven weeks of training followed by a two-week supervised ``practicum,'' said Edward Cotton, a child-welfare consultant who is helping the state revise the program.

Counselors screen calls based on detailed definitions of abuse, neglect and abandonment as spelled out in Florida statutes and a host of internal policies and procedures.

In the past year, records show, DCF has been accepting fewer child-abuse calls to the hot line for investigation.

In January 2009, DCF accepted 14,930 child-abuse reports, down from 17,999 the previous year. In February 2009, DCF accepted 14,724 reports, down from 18,427 in 2008. In September 2009, DCF accepted 14,553 reports, down from 17,709 the year before. And in October 2009, the agency generated 13,188 investigations, down from 17,345 in 2008.

Children are not the only Floridians who may be left in harm's way. The hot line is also screening reports about disabled adults and elders, including an Oct. 12 complaint that a disabled woman had been raped by another resident at a home for people with disabilities.

A source with knowledge of the new policies says DCF has revised internal guidelines on what constitutes abuse, including a new protocol to reject complaints about children who have suffered bruises or welts from beatings -- unless such beatings result in a trip to the doctor or hospital, or ``permanent disfigurement.''

And a December 2008 DCF report shows the agency is considering revising the definition of ``inadequate supervision'' so narrowly that, for example, the hot line would screen out calls where ``a parent allows [a] 3-year-old to play with a loaded gun while they are in the room supervising them.

``The hot line would only accept an intake if the 3-year-old shot themselves with the loaded gun the parent allowed them to play with,'' says the report, part of a review of several potential policy changes.

DCF's top child welfare administrator, Alan Abramowitz, said the state will not implement that particular protocol. ``It's not going to happen,'' Abramowitz said. ``I don't even think the NRA would agree with that.''

Mark Riordan, a DCF spokesman, said the agency's senior management had not yet reviewed the proposed revisions and that it is unlikely some of the new definitions will be approved.

Cotton, the consultant, who worked two decades in the Illinois child-protection system and was director of New Jersey's Department of Youth and Family Services, said Florida does not appear to screen out a higher percentage of calls than other states, though differing hot-line designs make comparisons difficult.

``There is really no national standard for what is screened and what is not,'' Cotton said.

As a safety value, Sheldon and Abramowitz said, the agency has asked its ``quality assurance'' team to randomly review thousands of screened-out calls to ensure proper decision-making.

Child advocates say stepped-up screening is a dangerous shortcut that will claim children's lives. And, in fact, it may already have.

In July, 1-year-old Bryce Barros was beaten to death after a Broward County domestic violence judge, Eileen O'Connor, sent three faxes to the hot line requesting an investigation into Bryce's safety in the wake of ongoing family violence by his parents.

``The court is deeply concerned about the welfare of the minor child,'' O'Connor wrote in the three faxes she titled ``court orders.''

O'Connor's appeals were ignored.

``Hot-line calls are cries for help on behalf of a child,'' said Howard Talenfeld, the Fort Lauderdale-based chairman of Florida's Children First, an advocacy group. ``Any call that is screened out is a cry that falls on deaf ears.''

This fall, the head of the Broward Sheriff's Office's child-protection unit teamed with a DCF administrator to study about three months' worth of reports that were rejected by the hot line but then referred to a prevention program in Broward administered by BSO.

About one in four of the screened calls result in such prevention referrals in Broward. In each case, parents are sent form letters suggesting they seek help. No one follows up with the families to determine whether the services were accepted.

A finding of the joint review: About 46 percent of the cases studied by the two administrators -- BSO's James Walker and DCF's Kimberly Welles -- ultimately were phoned back to the hot line by BSO investigators who concluded the children remained at risk, said Riordan, a DCF spokesman in Broward.

Statewide, Abramowitz said, about 6 percent of prevention referrals are phoned back to the hot line.

Among the screened calls: On Oct. 21, someone alleged that a woman and her five children were living in a car because her husband kicked her out and changed the locks.

Two of the kids were disabled: an autistic 3-year-old and a 6-year-old sibling who is developmentally disabled, failing to thrive, and required 24-hour nursing care to maintain a feeding tube. Local homeless shelters refused to help the family because they wouldn't accept disabled children.

But DCF turned her away, too.

``So, a child requiring a feeding tube, along with an autistic child, was forced out of the home by the father -- thereby . . . forcing his [children] with handicaps into the streets. Isn't that harm?'' Walker wrote in his review of the Broward prevention referrals.

The push to reduce the number of full-fledged investigations began in June 2008, well into the economic downturn. ``The Child Protective System is experiencing significant stress due to the high number of reports that [the agency has] been receiving since Oct. 2006,'' Sheldon wrote in a June 10, 2008 e-mail, when he was still assistant secretary.

From fall 2007 to fall 2008, the hot line was receiving about 1,320 more calls per month, Steve Holmes, a strategic planning director, wrote nine days later.

``The more reports a child protective investigator receives,'' he wrote, ``the less time he or she has to conduct a thorough investigation.

``Less time spent on investigations may place an increased risk to the safety of children,'' Holmes added. Adding to the strain: For budget year 2008, Florida lawmakers reduced funding to the four sheriff's departments, including Broward, that conduct abuse investigations under contract with DCF by $2.9 million, or almost 6 percent.

STRAIN ON SYSTEM

Sheldon said he had been told by so-called ``professional reporters'' -- educators, coaches, ministers, pediatricians and judges -- that a 1998 law setting penalties for failing to report suspected maltreatment left them little choice but to phone the hot line even with frivolous complaints.

From 2006 through 2008, reports from school professionals, for example, jumped 132 percent while reports from social workers increased 51 percent, a DCF report says.

``I don't believe it's abuse, but my sergeant told me I should report it,'' was a common refrain from frustrated police officers, Sheldon said.

At about the same time DCF administrators ramped up their screening of hot-line calls, they also expanded a program that allows caseworkers to offer an array of services -- such as subsidized child care, rent and utilities assistance, parenting classes, and domestic-violence intervention -- to struggling families that are not under investigation.

Abramowitz called the ``prevention referrals'' a safety net for parents whose troubles do not require a full investigation but who might benefit from a helping hand.

``We created a mechanism to review screened-out calls,'' Abramowitz said. ``It's a safeguard. . . . We want to make sure we have engaged families so that we make sure we help them.''

But some child-welfare experts question whether the prevention program can take the place of a quality investigation.

Consultant Norma Harris, who directs the Social Research Institute at the University of Utah and has reviewed Miami's foster-care system, said children remain at risk if caseworkers don't ensure that parents accept the services that are offered. Simply sending letters or brochures does not protect children, she said.

And Cheleene B. Schembera, a 27-year DCF child-welfare administrator and inspector general who now works as a consultant, said she has never approved of screening out hot-line calls, because even fairly innocuous allegations, once investigated, can uncover serious threats to children.

``That isn't child protection,'' Schembera said.

I do believe that too many hotline calls are screened through when they shouldn't be, and I agree that many reports of child abuse are retaliation against the parent...but the way they are screening these calls is dangerous to children in my opinion.

COURT MONITOR: CFSA'S FOSTER CARE STILL FAILS

2009-12-01T13:03:00.005-05:00

Court Monitor: CFSA’s Foster Care Still Fails

http://www.washingtoncitypaper.com/blogs/citydesk/2009/11/30/court-monitor-cfsas-foster-care-still-fails/

Posted by Jason Cherkis on Nov. 30, 2009, at 10:01 pm

AG Peter Nickles push to have the city's child welfare system removed from federal court oversight has hit a road block. In a very non-shocking report [PDF] released today, the Center for the Study of Social Policy (CSSP) has found huge gaps in CFSA's foster-care system.

CSSP is the court-appointed monitor. Its reports are the fuel for the ongoing case in U.S. District Court. It's going to be difficult for Nickles to make legal arguments refuting their findings. The Center does their homework and are one of the most thorough watchdogs in the District. This latest report, culled from investigative work conducted during this past summer, shows that CFSA still has deep and fundamental problems in how it cares for foster kids.

"The Monitor's overall recommendation is that CFSA devote significant quality improvement resources to better understand the experiences of foster parents and children during the placement process," the report states.

The report only gets worse from there.

The court monitor's investigation found that CFSA's own computer system did not contain accurate foster parent contact information for 20 percent of the 134 children it studied. The system appeared "to overstate" the number of visits social workers made to foster homes. And, the system's "security practices are not uniformly followed, making it difficult to assign accountability for case practice action in all cases."

It also found that in 25 percent of the cases, the foster parent reported that the child was no longer in their care. "Some children continued to be moved...even when foster parents report that they would be willing to care for children for extended periods," the report states.

Foster Care Placements

The monitor found that 17 of the 69 applicable children (or 25 percent) were no longer in placements identified in CFSA's computer system. In other words, the computer system had the wrong address for 25 percent of the children surveyed. For the majority of these kids, they were moved to other foster homes despite the foster parents stating that they would have kept the children. Ten of the children went to another foster home; three children went to various group homes.

Medical Needs

For more than a third of the children studied, foster parents reported that CFSA did not provide them with the required basic information concerning the child's medical and mental-health history. The Monitor notes that CFSA failed this court benchmark. Ninety-five percent of children should be given documentation of Medicaid coverage within five days of placement. Less than half of the foster parents stated that they had received such documentation. Half of the children did not receive proper dental care---another benchmark failed.

Social Workers

The report noted that social workers are failing at their most basic task: Visiting the children under their supervision. The monitor wrote that only one child out of the 112 applicable children received all the required social worker visits after entering a new placement. Four percent of the children studied received zero visits by social workers within the first month of their new placement.

In one case a social worker wrote that they had done such a visit only to record that they did not actually see the child. They only spoke with a sibling.

The monitor also noted that the access to these children's files were easily accessed within CFSA's computer system known as FACES:

"In multiple cases, the Monitor saw contact notes that were entered through a supervisor or program manager's access to FACES, but were actually authored and signed by someone other than the supervisor or manager. In other words, a supervisor or manager's access to FACES was used to gain entry to the electronic case record and a different person...had authored the contact note."

Foster Parents Left In The Dark

For almost one third of the children studied, the foster parents reported zero knowledge of the child's goals within the system. For example, they did not know whether the child was working towards reunification with a parent, working on a kinship placement, or an independent living arrangement.

Foster parents told the monitor they were not too happy with CFSA. The monitor writes:

"Foster parents for nearly half othe children told CSSP they did not believe the services and supports being provided for the children in their care were sufficient to meet the children's needs."

CUMBERLAND COUNTY DSS DENIES REQUESTS FOR INFORMATION REGARDING SHANIYA DAVIS

2009-11-24T17:26:00.002-05:00

Cumberland County DSS denies requests for information regarding Shaniya Davis

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m11d24-Cumberland-County-DSS-denies-requests-for-information-regarding-Shaniya-Davis

The Cumberland County Department of Social Services is declining to release any information of their involvement with Shaniya Davis and her family.

A press release was issued November 20th by Cumberland County DSS that stated the following:

For more on this story please visit the link above.

BUREAU ALERTED TWICE TO POSSIBLE UNSAFE SLEEPING, REPORT SAYS

2009-11-24T17:13:00.005-05:00

Bureau alerted twice to possible unsafe sleeping, report says

http://www.jsonline.com/news/milwaukee/70590397.html

Left: Ceianna Buchanan was 6 days old when she died March 8. Her mother, a Milwaukee child-care worker, was charged Tuesday in her death. Center: Brianna Buchanan-Prescott died while sleeping with her mother last year. Right: Cierra Buchanan died while co-sleeping with her grandmother in 1993.

By Crocker Stephenson of the Journal Sentinel

The Bureau of Milwaukee Child Welfare was twice alerted to accusations of unsafe sleeping practices at the home of Rose Prescott before her 6-day-old daughter, Ceianna Buchanan, suffocated on Prescott's living room couch, according to a report released Thursday.

Prescott, 30, was charged this month with second-degree reckless homicide. Police say Prescott was so drunk in the early hours of March 8 that she had no memory of coming home or of putting Ceianna to bed.

Ceianna's lifeless body was found on Prescott's living room couch later that morning. The medical examiner ruled that Ceianna's death was the result of "asphyxiation due to overlay while co-sleeping with an adult."

According to a report from the Department of Children and Families, which runs the Milwaukee County child welfare bureau, Prescott sought medical attention for her 1-month-old infant who had rolled out of bed on July 26, 1999.

"The mother and infant had been co-sleeping in an adult sized bed," the report says. "The infant did not have any medical injuries. There was no BMCW intervention."

Less than a year before Ceianna's death - on April 17, 2008 - the bureau was notified of the death of Prescott's 2-month-old daughter, Brianna Buchanan-Prescott. Brianna is Ceianna's sister.

"The autopsy report lists sudden unexpected death in infancy due to co-sleeping," the DCF report says. "The medical examiner did not note any trauma or maltreatment to the infant."

A bureau investigator ruled Brianna's death "to be unsubstantiated for neglect."

Prescott told a police detective investigating Brianna's death that she had one drink of brandy mixed with cola before joining Brianna and another child on a couple of twin mattresses pushed together on the floor of her bedroom, according to investigative reports.

After Ceianna's death 11 months later, Prescott told an investigator "that she has a drinking problem and she needs help," according to a criminal complaint.

The second-leading cause of infant death in Milwaukee is SIDS, or sudden infant death syndrome, which often is related to unsafe sleep, according to the Milwaukee Health Department. The department, on its Web site, "strongly advises parents NOT to share a bed with their infant."

The Black Health Coalition of Wisconsin, on its Web site, www.bhcw.org, calls co-sleeping "a reality for many" and offers advice on making co-sleeping safer.

Arlene Happach, director of the Bureau of Milwaukee Child Welfare, said: "The death of baby Ceianna is a tragedy and has caused our community to ask questions about safe sleep.

"The Bureau of Milwaukee Child Welfare has advised parents about safe sleep practices and provided Pack 'n Play portable cribs if a family needed a safe place for an infant to sleep.

"We continue to work with our partners such as Milwaukee Department of Health and the Black Health Coalition to inform and educate our community about safe-sleep practices."

THIS IS NOT THE SECOND CHILD OF THIS MOTHER BUT THE THIRD CHILD OF HERS TO DIE FROM "CO-SLEEPING"!

Death of 6-day-old baby was third co-sleeping fatality in her family

http://www.jsonline.com/news/milwaukee/69024297.html

By Crocker Stephenson of the Journal Sentinel

A Milwaukee child-care worker who police say was too drunk to remember putting her infant daughter to sleep on a couch was charged Tuesday with killing the 6-day-old baby.

Rose Prescott, 30, told police it was possible she fell asleep on the couch with her daughter, Ceianna Buchanan, according to a criminal complaint charging Prescott with second-degree reckless homicide.

Ceianna's alleged homicide on March 8 was the third co-sleeping death in her immediate family.

Prescott's 2-month-old daughter, Brianna Buchanan-Prescott, died while sleeping with Prescott on April 17, 2008.

Ceianna and Brianna's 5-month-old half-sister, Cierra Buchanan, died while co-sleeping with Cierra's grandmother in 1993.

Shortly after Ceianna's death, the Journal Sentinel reported that the state-run Bureau of Milwaukee Child Welfare was aware of Brianna's death under similar circumstances less than a year before.

When the newspaper asked what services the bureau provided to Ceianna's family, child welfare officials said state confidentiality laws prevented them from commenting because no one had been charged with a crime.

A spokeswoman from the Department of Children and Families said Tuesday that, now that abuse had been confirmed, the agency was preparing a public report.

According to the complaint filed in Ceianna's death, Prescott told police that on March 7 she drank a half-liter of Bacardi Rum Hurricane between 3:15 and 10 p.m. She told police she took Ceianna to a baby sitter, then went to a family cookout, where she continued to drink.

Prescott told police she remembers picking Ceianna up from the baby sitter.

"Ms. Prescott could not recall what transpired beyond that point in time," the complaint says.

"Specifically, Ms. Prescott could not remember arriving home, parking the car, or coming up the stairs of her residence," the complaint says.

Prescott gave investigators conflicting reports of what happened next.

She told an investigator she put Ceianna face up on one side of the couch, put a toddler on the other end of the couch and then slept on the floor.

Investigators noted there were no pillows or blankets on the floor.

Prescott told another investigator that she was drunk, and that it was possible she fell asleep on the couch with Ceianna.

The complaint says Prescott found Ceianna facing the back cushion of the couch and not breathing. Prescott's car keys were found beneath the child's body.

According to the autopsy report, Ceianna died of "asphyxia due to suffocation due to overlaying by adult during co-sleeping on couch."

Her sister, Brianna, died of "sudden unexpected death in infancy with co-sleeping listed as a significant condition," the complaint says. Prescott also had been drinking the night Brianna died, the complaint says.

"At this time, the Department of Children and Families has no information that this tragic death was the result of child abuse or neglect," the DCF had said in statement issued shortly after Ceianna's death. "Therefore, by law, we cannot address any previous history that family may or may not have had with any child protective service agency."

Their half-sibling, Cierra, died while sleeping in a bed with their grandmother and a 7-year-old relative.

The Journal Sentinel also reported in March that Prescott appears to have provided Milwaukee County with bogus employment information to qualify six of her children for taxpayer-financed child care at a cost to taxpayers of more than $1,300 a week.

After the death of Ceianna in March, Prescott was employed at various day care centers. She was laid off in September from Ne-Ne's Child Care Center on N. Palmer St., according to documents obtained Tuesday by the Journal Sentinel.

The director of the center, Arnitra Swain, said in a letter to county regulators that state regulators insisted Prescott be laid off pending a criminal background check.

Prescott was scheduled to make her initial court appearance Wednesday.

Raquel Rutledge of the Journal Sentinel staff contributed to this report

SB POLICE OFFICER ACCUSED OF VIOLATING RIGHTS

2009-11-24T16:55:00.004-05:00

SB police officer accused of violating rights

http://www.sbsun.com/news/ci_13840505

Stacia Glenn, Staff Writer
Posted: 11/21/2009 07:24:50 AM PST

SAN BERNARDINO - Wylena Andrews landed in jail, she says, because police wanted her brother for burglarizing a sergeant's house.

When they couldn't find him, they took Andrews as a bargaining chip and threatened to haul her siblings off to Child Protective Services unless her brother turned himself in.

"I kept saying I hadn't done anything, but they put me in the cell and that's where I stayed," Andrews, 30, recalled of the day San Bernardino police charged into her family's Fontana home in 2006. "I fell asleep crying. I was just devastated. They basically played me and acted like it was all a big joke."

Andrews claims that in holding her against her will without probable cause, police violated her civil rights. She blames San Bernardino police Sgt. Brad Lawrence, whose tumultuous career has landed him in the middle of several internal and criminal investigations over the years.

Criminologist William Schneid, who was hired by San Bernardino Police Chief Keith Kilmer to investigate allegations of misconduct in the department, confirmed Andrews' case was part of his probe but declined to comment on his findings.

Sources close to the investigation say a portion of the findings have been turned over to the District Attorney's Office for consideration of criminal charges.

In an e-mail, Kilmer also declined to discuss specifics of the investigation.

"First, it may impact the process by our department or any other agency that may be involved or become involved," Kilmer wrote. "Secondly, internal personnel information cannot be discussed outside of a court ordered process."

Lawrence was placed on paid administrative leave Nov. 4.

Almost immediately after taking over the department in June, Kilmer hired Schneid to review an Internal Affairs probe into past allegations that Lawrence and his former narcotics team illegally detained people without probable cause, a practice commonly known as keeping someone "on ice."

That investigation uncovered claims that money went missing from a department fund used to pay informants and buy drugs for undercover operations. Lawrence, who at that time supervised a narcotics team, is being investigated by the San Bernardino County Sheriff's Department for misappropriation of funds, sources say.

Reached by phone, Lawrence said he was not told why he was put on leave and said he doesn't remember Andrews.

He declined to comment further.

He also declined to have his attorney speak on his behalf.

Lawrence has worked as a patrol sergeant since March, when he returned to duty after a seven-month leave that ended when former Chief Michael Billdt declared past "on ice" allegations to be unfounded.

It is unclear whether Andrews' ordeal was included in investigations handled by Billdt's administration.

Andrews' mother, Minerva Santana, filed a complaint after San Bernardino police took Andrews from her home Jan. 18, 2006. The family says investigators never followed up on the complaint or interviewed them until recently, when Schneid took their statements.

"This was swept under the table," Andrews said. "Cops act like they can uproot people and do what they want. That's wrong. They're supposed to be protecting us, not incriminating us."

Andrews has served time for burglary, forgery, theft and possession of narcotics.

But her past, Andrews says, does not give law enforcement the right to violate her civil rights and essentially hold her hostage because of a case involving her brother, Wiley Andrews.

Police wanted to question Wiley Andrews, 29, about the burglary of a sergeant's San Bernardino home on Jan. 17, 2006. His fingerprint was reportedly found on a doorknob inside the sergeant's house.

Wiley Andrews was on probation after being convicted of receiving stolen property, which enabled police to quickly identify him in their system.

Police couldn't find an address for Wiley Andrews so they decided to go speak to Santana, who at the time was letting both Wylena and Wiley live in her Fontana condominium.

A boy, 14, and girl, 11, were the only ones home when Lawrence and his narcotics team arrived. The family claims they forced their way into the house and kept their hands on their guns while yelling for Wiley Andrews to come out.

An officer then called Santana and allegedly told her that she needed to come home immediately or they would call Child Protective Services. Since Santana could not leave work on such short notice, she asked Wylena Andrews to meet with the officers.

Wylena Andrews did not know where her brother was, but Lawrence eventually tracked him down on his cell phone.

"They said, `We've got your mom, we've got your sister and we're taking them to jail," Wiley Andrews said in an interview. "It was basically a deal with me that they'd let my family go if I turned myself in."

Wiley Andrews told police he was in Las Vegas and would turn himself in the next morning.

Lawrence allegedly ordered Wylena Andrews to be taken to the city's jail for a parole violation. Her parole agent would later tell authorities that she had not violated her parole and police never contacted him about Wylena Andrews, sources say.

Wylena Andrews spent nearly 24 hours in the Police Department's jail cell. She was taken out only once to be grilled about her brother's whereabouts.

When Wiley Andrews arrived at the station the following evening, his sister was immediately released.

Wylena Andrews was never charged with a parole violation. Her brother pleaded guilty to the burglary, though he says he did so only for his family's safety.

Internal Affairs detectives interviewed the family last week and showed them several photographs, asking them to identify any officers they remembered.

Wylena Andrews says she remembers Lawrence's face "like it was yesterday" but did not see him in the line-up of photographs.

She has not retained an attorney and said she only wants justice "so this doesn't happen to anyone else."

History of controversy:

Brad Lawrence joined the San Bernardino Police Department in 1984.

- In 1989, a school officer reported that Lawrence had threatened to tie an uncooperative suspect to the trunk of his car during a field interrogation. Lawrence was charged by the District Attorney's Office and fired but was rehired after the trial ended with a hung jury.

- On July 2, 2008, Sgt. Mike Desrochers accused Lawrence of illegally detaining two men driving in a car.

- In August 2008, another officer lodged a complaint against Lawrence for allegedly overstepping the boundaries of a search warrant while raiding a San Bernardino motel.

- On Sept. 19, 2008, a booking log shows that a man named Greg Parker was "on ice" in the police jail. Parker's attorney claims Lawrence kidnapped his client and later searched his home without a search warrant.

Sick Child In CPS custody dies

2009-11-24T16:45:00.002-05:00

Sick Child in CPS Custody Dies

http://www.myfoxhouston.com/dpp/news/investigates/091123-foster-care-child-death

Updated: Monday, 23 Nov 2009, 5:45 PM CST

Published : Monday, 23 Nov 2009, 5:45 PM CST

RANDY WALLACE

Investigative Reporter

HOUSTON - All the little dresses and sweaters Chanel Hall bought for her only daughter will never be worn. All the toys will never be opened. Even a huge closet can't hold all the "what if's" that haunt the grieving mother.

"Of what things could have been and would have been for Jasmine," Hall said.

Hall didn't get much time with Jasmine. Soon after her medically fragile child was born, Children's Protective Services took custody of her.

In an ironic twist of fate CPS takes Jamine away from her mother due to medical neglect, then Jasmine dies because her state appointed care giver is allegedly neglectful in her duties.

"It's appalling, it's more than ironic it's shocking," said Amira Jackmon, Hall's niece and attorney.

"This wasn't a mother who abused her child, neglected her child, this is a mother who had a disagreement with the hospital," Jackmon said.

Jasmine was born premature which caused several medical problems.

"She had water on the brain and blood on the brain at one point," Hall said.

The hospital contacted CPS because Hall wouldn't consent to a tracheostomy for Jasmine.

"I never said no to the surgery," Hall said. "I just asked for a second opinion and that was all."

But Hall's refusal to consent to the surgery quick enough to please the hospital prompted CPS to take custody of Jasmine. According to a lawsuit filed by Hall, CPS told the court Jasmine needed the surgery immediately.

"Or else there was a huge risk to Jasmine," Jackmon said. "Then why did they wait two or three weeks to perform it?"

With a tracheal tube attached to her throat, CPS said Jasmine needed 24 hour medical care so she was placed in a foster home operated by a company called Lutheran Social Services of the South.

On July 16th Jasmine died and according to CPS documents her death could have been avoided. That document states the caregiver admitted she was documenting paperwork while the child was playing therefore she was unaware if the child pulled the tracheal tube out of her neck and she was unaware when the tracheal tube actually came out.

"Jasmine was suppose to be under 24 hour supervision, if she was doing paperwork she should have been in the same room as Jasmine," Hall said.

CPS declined an on-camera interview or comment citing the lawsuit Hall has filed against them as well as Lutheran Social Services, which closed the foster home it operated here in Houston shortly after Jasmine's death.

A spokesperson for Lutheran Social Services also declined comment.

"She was my last baby and my only daughter," Hall said.

All she has now Hall said is a closet full of dresses with no little girl to wear them.

THOUSANDS UNITED, DESPITE DIFFERENCES TO SAY GOOD-BYE TO SHANIYA DAVIS

2009-11-23T17:53:00.002-05:00

Thousands unite, despite differences to say good-bye to Shaniya Davis

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m11d23-Thousands-unite-despite-differences-to-say-goodbye-to-Shaniya-Davis#

The funeral for Shaniya Nicole Davis took place yesterday afternoon at the Manna Church in Fayetteville, North Carolina. More than a thousand mourners united together to say good-bye and show their respects to Shaniya and while it was a heartbreaking occasion, it was also a touching celebration of life, love, and forgiveness.

Bradley Lockhart, Shaniya’s father, has shown a strength, grace, faith and forgiveness that one rarely sees at a time of such horrendous and profound loss. Mr. Lockhart had not planned to speak at Shaniya’s service yesterday, but he did and his words were incredible to hear.

For more on this story please visit the link above.

FUNERAL FOR SHANIYA DAVIS TODY

2009-11-22T15:43:00.001-05:00

Funeral for Shaniya Davis today

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m11d22-Funeral-for-Shaniya-Davis-today

Funeral services for 5-year-old Shaniya Nicole Davis will be held at 3:00pm today at the Manna Church in Fayetteville. The Reverend Johnny C. Davis will be officiating.

The public is invited to attend those who can’t attend may watch the funeral live on WRAL.com.

Shaniya’s Obituary describes a beautiful, sweet and loving child, who loved to play dress up and ride her scooter.

To read more of this article please visit the link above

FORMER SURRY COUNTY DSS SUPERVISOR FACES 31 FELONY COUNTS

2009-11-22T14:38:00.002-05:00

Former Surry County DSS supervisor faces 31 Felony counts

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m11d22-Former-Surry-County-DSS-supervisor-faces-31-Felony-counts#

Donna Marie Key, 51, from Mt. Airy, is scheduled to appear in court November 24, on 31 Felony counts of Obtaining Property by False Pretenses.

Mrs. Key, allegedly, used her position as a Surry County Social Worker Supervisor, to steal an unknown amount of money. She was arrested June 16, 2009 and then release on a $25,000 bond.

To read more please visit the above link

HOW THE SYSTEM FAILED 15-YEAR-OLD GUNNED DOWN AT BUS STOP

2009-11-22T14:00:00.004-05:00

How system failed 15-year-old gunned down at bus stop

http://www.mcclatchydc.com/crime/story/75983.html

By Christopher D. Kirkpatrick | Charlotte Observer

CHARLOTTE, N.C. -- Tiffany Wright stood alone in the dark, waiting for her school bus.

It was just before 6 a.m., and her foster grandmother had walked back home to get Tiffany's water bottle.

Tiffany, 15, was eight months pregnant but determined to stay on track in school. She wanted to be a lawyer. And after just a few weeks at Hawthorne High, she had impressed teachers as smart and ambitious, despite a difficult childhood.

At 5:51, Tiffany sent a text.

"Wheres the bus?"

One stop away, replied her friend, already on the bus.

At 5:55, as the bus lumbered toward Tiffany's stop, people began calling police to report gunshots.

A school bus dispatcher radioed Tiffany's bus driver: Change course - something's happening ahead.

Tiffany lay dead in the road, shot in the head, that morning, Monday, Sept. 14. Her baby girl was delivered at the hospital and lived a week, but died Sunday.

Nobody's charged in the killings, but police call Tiffany's adoptive brother, Royce Mitchell, a "person of interest."

In the months before she died, local agencies took steps aimed at stabilizing her home life and keeping her safe. But her story exposes failures in the system that was supposed to protect her.

Among the missteps:

•In February, a Mecklenburg court clerk appointed Mitchell as Tiffany's temporary guardian — even though he was a felon who served time in federal prison. He was also tried in 2006 for murder, but found not guilty. And last year, he was accused of domestic violence, though the case was dismissed.

•In July, social workers told police that Mitchell, 36, might have committed statutory rape with Tiffany, but police didn't question him about it for seven weeks, and didn't charge him with the rape until after Tiffany was killed.

•This month, Mecklenburg social services failed to cut off communication between Tiffany, who was in foster care, and Mitchell, said a source close to the investigation.

On the day of Tiffany's killing, Charlotte-Mecklenburg police jailed Mitchell for statutory rape and indecent liberties with a child, naming Tiffany as the victim.

Police defend their work, saying they followed the industry's best practices - which takes time. Police didn't feel a need to rush, they say, because they believed Tiffany was secure, hidden in a foster home with no threat to her safety.

Police say it's hard to prove statutory rape: Of the 262 reports of statutory rape police received over three years, only 16 percent - 42 cases - were accepted by prosecutors.

Experts say statutory rape cases are complicated because they involve victims ages 13, 14 or 15 who often consider themselves voluntary participants in sex with someone at least six years older. So victims can be reluctant to help police. (it isn't statutory rape, it was incest!!! He was her adoptive brother...hello read the laws of this state!)

But child advocates say in cases like Tiffany's, police should act more aggressively. An immediate arrest sends a signal to a suspect and can persuade them to stay away from victims.

"The cases may be difficult to win, but they're not difficult to charge," says Brett Loftis of Charlotte's Council for Children's Rights.

UNCC criminologist Paul Friday says: "Often, nothing is done in these kinds of cases because they're based on improper assumptions about the rationality of someone that age. But the minors are often unaware of disease, birth control and they can be exploited by someone."

Adopted by foster mother

Tiffany first entered the child welfare system as a toddler in Buffalo, N.Y., when her mother lost custody.

She was adopted at 4 by her foster mother, Alma Wright, an older woman with eight grown children, who was excited about raising another child.

One of Wright's grown sons was Royce Mitchell, a star quarterback in high school who'd gone on to play for a semi-pro team in Buffalo. But Mitchell also was indicted in 1999 as part of a drug trafficking ring and went to federal prison.

While he was in prison, authorities also charged Mitchell with an earlier murder, but a jury found him not guilty.

In 2004, Alma and Tiffany left Buffalo for North Carolina, settling near Kings Mountain. Tiffany made friends easily at school and church. She ran track at Bessemer City High School.

In 2007, Mitchell was released from prison and followed his mother to North Carolina.

But last fall, Alma Wright got sick. Friends at church helped out with Tiffany, inviting her for dinners and weekends. Tiffany spent time with Mitchell and his wife, too.

Alma Wright died Jan. 25, and Tiffany moved in with the Mitchells in Charlotte.

On Jan. 30, Royce Mitchell asked a Mecklenburg court to appoint him and his wife as Tiffany's guardians.

On his application, he wrote: "We are seeking guardianship because we were requested to do so by Mrs. Alma Wright before she died."

He wanted to transfer Tiffany to West Mecklenburg High School.

The court set a hearing for Feb. 5 and appointed a child advocate to study the situation and look after Tiffany's best interests in court.

There's no transcript of what happened in court, and the clerk who handled Tiffany's case declined to discuss his decision.

Frederick Benson, a Mecklenburg assistant clerk of superior court, appointed Mitchell the temporary guardian of Tiffany's welfare.

It's unclear if Benson, a lawyer, knew about Mitchell's criminal background. Court clerks are not required to perform background checks in guardianship cases, says Clerk of Superior Court Martha Curran. It's up to each clerk to decide what checks are necessary, and they often rely on court-appointed child advocates to advise them in such cases.

Tiffany's advocate, lawyer Martha Efird, declined to discuss her actions in the case.

It was in the weeks surrounding the Feb. 5 court hearing that Tiffany got pregnant, if hospital estimates are accurate.

But friends say Tiffany, who started at West Mecklenburg High in February, wouldn't realize for four or five months that she was pregnant.

On Feb. 27, clerk of court Benson ordered DSS to conduct a "home study" of the Mitchell household. Officials won't release their findings.

But Mitchell didn't keep custody long, according to several of Tiffany's friends in King's Mountain.

In late March, Mitchell left Tiffany at a group home called With Friends in Gastonia, according to Marlene Jefferies and Cruceta Jeffeirs, two adult family friends who watched Tiffany grow up.

The group home wouldn't confirm that. But the friends say the home reported to social services that Tiffany was abandoned. And she was soon back in foster care.

On March 31, Jeffeirs, a Shelby pastor, wrote a letter to Benson seeking custody of Tiffany: "My desire is to see Tiffany accomplish all the goals that she has set for herself and I believe she can do that in a stable environment with lots of guidance and love."

DSS officials in Gaston and Mecklenburg won't discuss Tiffany's case or answer questions about what steps they took to protect her.

But friends and family say Tiffany was eventually placed in the care of foster parent Susan Barber, in a townhome off Mallard Creek Road in Derita.

By July, it was clear Tiffany was pregnant, friends say.

Barber tried to shield Tiffany from talking to those she believed might be bad influences, according to Tiffany's cousin Brittany Page. But a source close to the investigation said Tiffany and Mitchell continued communicating.

Despite repeated attempts, Barber could not be reached.

As the school year approached, Tiffany prepared to change schools again, this time to Hawthorne High in Charlotte, which offers a special program for pregnant students.

Delayed investigation

On July 27, social workers reported to police that Royce Mitchell might have committed statutory rape with Tiffany.

It took eight days for a detective to look at the case, and three days more for it to be officially assigned to Teresa Johnson, a detective with CMPD's youth crime and domestic violence unit.

Another 12 days passed before Johnson interviewed Tiffany.

It's unclear when detective Johnson discovered Mitchell's background, but it wasn't enough to ramp up the investigation. Investigators say they believed Tiffany was safe in a foster home and faced no threats from Mitchell.

Police say their performance in the case followed procedure and met standards.

Police interview alleged victims immediately if the crime has occurred within the previous 72 hours, so they can gather evidence that may remain. But in cases like Tiffany's - where months had elapsed since the alleged offense - police try to arrange just one interview when children and teen victims of abuse are involved.

Police acknowledge that strategy takes time but minimizes trauma and reduces the chances that young victims might be led into inaccurate testimony by repeated questioning.

Police also let such victims decide when they want to be interviewed at the county's child-victim center called Pat's Place. There, specially trained interviewers talk to victims, while social workers, psychologists, police and others watch from another room.

Tiffany chose an Aug. 19 interview. She didn't say much during the formal interview. But later that day, Johnson won her trust and obtained enough information to move forward with the investigation.

No response from Mitchell

The next day, Aug. 20, the detective made her first call to Mitchell to ask him about the charge, she says. Johnson left a message and gave him a few days to call back.

When Mitchell didn't respond, she made calls over the next two weeks to social workers and a federal probation officer to ask Mitchell to come talk to police.

Police say they didn't immediately arrest him because they believed they could get better information if he talked voluntarily.

On Sept. 9, a federal probation official told Johnson that Mitchell was not coming in.

On Sept. 10, a team of social workers, police and other agencies held a standard follow-up meeting to discuss how to proceed in Tiffany's case.

On Friday, Sept. 11, detective Johnson phoned Mitchell's wife and left a message. She asked her to call back to discuss Tiffany, Johnson says, but didn't give details of the rape allegation.

That Monday, Tiffany was shot and killed.

As emergency vehicles rolled to the scene, Tiffany's school bus was diverted from its normal route. But the students could see flashing lights. Tiffany's friends on the bus, Cimone Black and Tamia Corpening, began to worry.

"I kept texting her phone...," Cimone said. Then she started calling, but all she got was voice mail.

The bus continued on to Hawthorne. For Tamia, the hourlong ride was excruciating.

Nobody said a word.

Staff writers Liz Chandler and Ely Portillo and researcher Maria David contributed.

Shaniya Davis' funeral scheduled for Sunday

2009-11-21T16:06:00.003-05:00

Shaniya Davis' funeral scheduled for Sunday

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m11d21-Shaniya-Davis-funeral-scheduled-for-Sunday

Funeral services for 5-year-old Shaniya Nicole Davis will be held Sunday, November 22, 2009 at 3:00 p.m. at the Manna Church located at 5117 Cliffdale Rd. Fayetteville, NC 28314 .

Hundreds maybe even thousands of mourners are expect to attend and show their love and respect to this beautiful little girl, whose life was stolen much too soon.

For more on this story please visit the link above.

COUNTY SUSPENDS AUDIT DIRECTOR

2009-11-21T15:53:00.002-05:00

County suspends audit director

Mecklenburg manager aims to restore credibility after error in audit report on $162,000 in donations to charity program.

http://www.charlotteobserver.com/topstories/story/1068184.html

By April Bethea
abethea@charlotteobserver.com
Posted: Saturday, Nov. 21, 2009

Mecklenburg County Manager Harry Jones on Friday said he has suspended the county's internal audit director and will find a permanent replacement in hopes of improving the credibility of county government.

Cornita Spears this week admitted an error in an audit report of how more than $162,000 in donations were spent through a charity meant to buy gifts for needy children. County officials had ordered the audit after allegations of possible misspending.

Spears still works for the county but is on non-disciplinary suspension with pay, Jones said. Spears could not be reached for comment.

Former county Finance Director Harry Weatherly will oversee the audit department as a consultant for up to 90 days. He'll get $80 an hour, the same fee he has received for other work with the county, Jones said.

Chris Waddell, another auditor in the department, will lead day-to-day operations.

Meanwhile, the county's human resources department has been asked to recruit a new department director. Spears would not be considered for the position, Jones said.

Jones first announced the changes in a memo to county commissioners and some staff. He told the Observer he hopes the moves will improve the department's credibility among county management, commissioners and the public.

The county has faced months of scrutiny and criticism from the public following an investigation into the Giving Tree charity, and fiscal practices across the Department of Social Services.

Some commissioners supported the move to replace Spears, but said it doesn't resolve other questions raised in past months.

"I think it's a needed step, but I don't think it's the final solution," said commissioner Neil Cooksey, who recently suggested the county appoint an ethics officer.

The changes come days after Spears issued a revised report about spending within the Giving Tree charity, which was run by DSS. She told commissioners Tuesday that an employee returned more than $33,000 to the county earlier this year, but the money hadn't been properly accounted for until last week.

The county hasn't said publicly who returned the money, just that it was an employee who worked with the Giving Tree for about 10 years.

The Giving Tree program spent more than $162,000 last year. Spears said this week that the $33,000 that was returned helps explain about $23,000 that a June report said was unaccounted for. It also includes $10,000 the employee received in the current year, which wasn't covered in the audit review.

Even with the returned money, however, the county said it still can't offer complete assurance that no money was misspent because of problems with receipts or other documentation for more than $108,000.

Some commissioners said they were disappointed about the new report, saying the county had faced months of scrutiny and criticism by the public. Jones said the error left him embarrassed and was unacceptable.

"It has damaged the credibility of the Internal Audit Department and Mecklenburg County as an organization," Jones wrote in the Friday memo. "I have determined the credibility of the Internal Audit Department cannot be restored with the current management of this department."

Jones told the Observer the error was a failure on the part of the auditor to consider information that had been available before the June report.

Commissioners Vice Chair Harold Cogdell said he thinks Jones had no option but to make personnel changes within the department. "Unfortunately, that was an error that should have been picked up on months ago," he said. "It created some real confusion."

Commissioner Bill James said the management changes were a good step. But he doesn't think they explain whether money was misspent within the Giving Tree program, or address his belief that county auditors should report directly to the board's Audit Review Committee and not county management.

Jones said he plans to meet with Weatherly soon to outline specific goals for his work with Internal Audit. But he said it could include, among other things, recommending what resources are needed in the department and crafting job descriptions for the new hires.

Since leaving his director post, Weatherly has worked with the finance department on issues such as a tax review, software contract and MEDIC.

The Giving Tree study was part of a broader investigation into accounting practices within DSS. Auditors cited numerous lapses within the department's finances.

Since June, the county has announced multiple steps to address the problems, including retraining DSS staff on financial policies and procedures, and putting the department's finances within the county finance office's control. In addition, a review of financial practices within all county departments is under way.

The county also has sought to bolster the internal audit department by agreeing in August to hire more auditors. The board also added two commissioners to its Audit Review Committee and removed county staff as members.

Cogdell said it's important the county make sure it has enough safeguards in place to ensure financial compliance within all county agencies.

Cooksey suggested the ethics officer position earlier this week, and commissioners have said they will study the idea. Cooksey said it is common in the private sector, and said it would keep Jones and other managers out of investigations.

See the paper trail here

POLICE OPEN MURDER INQUIRY INTO DEATH OF 4-MONTH-OLD BOY

2009-11-21T15:45:00.003-05:00

Police open murder inquiry into death of 4-month-old boy

http://www.lancastereaglegazette.com/article/20091120/NEWS01/911200310/1002/Police-open-murder-inquiry-into-death-of-4-month-old-boy

BY CARL BURNETT JR. • The Eagle-Gazette Staff • November 20, 2009

LANCASTER -- Investigators are looking into who or what caused fatal injuries to a 4-month-old Lancaster boy.

According to a Lancaster police report, the department has opened a murder investigation into the death of the Bryson Mershon. No one has been charged in the boy's death.

Bryson was living with his aunt, Kristina M. Mowery, and her boyfriend, Eric D. Hopkins, at 332 Trace Drive, Apt. 26.

Bryson died at Nationwide Children's Hospital at 6:21 p.m. Wednesday.

On Oct. 31, Hopkins and Mowery contacted emergency services because Bryson was unresponsive.

The child had subdural hemorrhages, skull fractures and multiple fractures, according to a Lancaster police report.

However, Hopkins' brother, Andy Hopkins, who lives nearby, said he can't believe the couple had anything to do with the injuries.

"They loved that child," Andy Hopkins said. "They already had two children they were taking care of and took in Bryson. They wanted to keep him out of a foster home."

Lancaster police, Fairfield County Children Services and officials from Children's Hospital are investigating "multiple fatal injuries" found on Bryson, according to a news release from the Lancaster police department.

According to the release, Bryson sustained multiple, non-accidental, life-threatening injuries.

"Bryson had been placed with Hopkins and Mowery since birth and was in their exclusive care since that time," the release said.

Jean Griffith, a next-door neighbor of Mowery and Hopkins, on Thursday said she hadn't seen the couple for days.

"But they treated (Bryson) like one of their own," Griffith said. "They loved that child. I don't know what is going on."

The Eagle-Gazette was unable to reach Mowery or Hopkins for comment.

Bryson's condition was brought to light during a Fairfield County commissioners' meeting on Tuesday, in which commissioners discussed having a child in the custody of Fairfield County Child Protective Services in critical condition. Bryson was born with cocaine in his system, according to court records.

Rich Bowlen, director of the Fairfield County Child Protective Services, said he would not comment on the investigation based on advice from the Fairfield County Prosecutor's Office.

However, he did say his office was handling a significant increase in the number of calls concerning children's conditions.

"In 2007, we had 4,400 calls, and as of Oct. 31, we have had 4,400 calls," Bowlen said.

The number of calls specifically regarding abuse and neglect of children was 675 in 2007 and had reached 670 in 2009 by Oct. 31.

The number of calls that rose to the level of a physical abuse investigation was 206 in 2007 and up to 158 by Oct. 31 in 2009.

The prosecutor's office would not comment on the case.

"The prosecutor's office is very sad to hear Bryson has passed away," Fairfield County Assistant Prosecutor Gregg Marx said. "Our office is unwilling to comment on the progress of any investigation."

HOW CAN WE ALLOW THIS TO GO ON?

2009-11-21T15:05:00.005-05:00

'How can we allow this to go on?'

http://www.komonews.com/news/problemsolvers/70599312.html

By Tracy Vedder

SEATTLE -- The most vulnerable children in our state - children who are supposed to be protected by the state - are dying at an alarming rate. The KOMO 4 Problem Solvers spent two years filing legal requests and analyzing hundreds of documents from the state's Child Protective Services. What we've discovered is both startling and heartbreaking.

Three-year-old Kekoa Ravenell's future sparkled. He sang. He golfed. He loved his baby sister, Chelsea, and his papa, Michael.

But Kekoa's future was stolen. He was beaten and choked to death by his mother's boyfriend.

"I wish he was still with us here," said his father, Michael Ravenell, sobbing.

Take the anguish of Kekoa's death and multiply it by dozens. You can't forget their names. Sirita Sotelo was beaten to death by her stepmother. Justice and Raiden Robinson died of starvation and dehydration while their mother was passed out amidst 300 empty beer cans. Summer Phelps was killed by her father and stepmother. The list seems unending. Each child died while under the watch of the state's Children's Administration.

And as in Kekoa's case, there were warning signs.

"There was no doubt," said Michael Ravenell. "He (Kekoa) just came out and said, 'He hit me. Noah hit me."'

Ravenell called Child Protective Service, not once but several times.

"Something's wrong. There's something wrong. She's not, the case worker wasn't doing her job," he said.

What he didn't know and what the social workers didn't check, was that the mother's boyfriend, Noah Thomas, had a prior conviction for abusing his own children. But Ravenell's pleas for help fell on deaf ears.

"Bottom line: the system failed me," he said.

Similar cases lost in the files

It took more than two years, but the Problem Solvers obtained the death reports of 595 children who had some contact with the state's Children's Administration and who died some time between 2002 and mid-2009. We wanted to find how many of those deaths might have been prevented.

Crunching the numbers, the state ruled at least 120 children died of abuse or neglect. That's an average of 16 kids dying a year; more than one child died of abuse or neglect every single month.

And we found another 40 cases in which the state did not find abuse or neglect connected to the death, but the Problem Solvers dug up some horrifying facts. In one case, the social worker falsified documents and claimed treatment, which hadn't been administered, had been given. The baby girl died.

In the case of a 2-year-old boy, the case worker decided there could be immediate harm and the child should be removed, yet the case was closed and the child died.

In a third case, the parents gave their kids Benadryl so they'd sleep. One died of an overdose. And in spite of the case worker reporting the surviving children lived in filth, with feces on the walls, the agency ruled the kids should stay in the home.

And in yet another case, a medical examiner ruled a 2 month old died of unexplained, natural causes. But the report concluded, "there was concerning CPS history on this family." Part of that history includes allegations of abuse and neglect in the home. But most startling fact was that the family had had another baby girl die three years earlier.

And then there are another large group of files in which CPS was called five times, eight times, even 13 times. The agency was called to help a child, yet the child remained in the home and later died.

"There's (sic) resources out there to help you, and I didn't get any help at all," said Ravenell.

'I am the victim of the many years of abuse'

What we can't even begin to calculate is the number of cases that don't wind up in death, but still leave children physically and emotionally maimed.

Few will forget this girl's horror story.

"I am the victim of the many years of abuse Rebecca Long put upon me until just last year," she said. Because she is the victim of abuse, KOMO News has chosen not to identify her.

Found by law enforcement at age 14, she weighed just 48 pounds. Her stepmother and her father have both been convicted of criminal mistreatment for keeping the girl locked up in their Carnation home, and so severely limiting her food and water to the point that her teeth had nearly all rotted away.

But years earlier, a teacher had reported the family to CPS. She told the judge at her stepmother's sentencing, "This is where I desperately wished that I could contact a social worker who came to our house that one afternoon."

But after minimal investigation, CPS closed the case and the girl spent another three years in hell.

"I could not make contact, because that was when Rebecca began keeping me barricaded into a room all day," she said.

Then there's little P.T., whom KOMO News has chosen not to identify beyond her initials.

"I was hoping she would live," said her godmother, Afua Ndiaye, last December. "She had cigarette burns under her eyes and all over her body."

P.T. was just 2 years old at the time. The now 3 year old is partially blind and may have a brain injury.

"You could just see blood and scalp," said Ndiaye as she gulped for air. "It was really bad."

P.T.'s godmother says she repeatedly warned CPS about the little girl's mother and her boyfriend, who had a criminal record.

"They did nothing. It was like another case, waiting on the side," she said. "And while it waited on the side, she almost died."

Sen. Stevens: 'Why can't we get this right?'

All of this has happened since 2005 when the state began adding 465 new workers for child welfare and protection. And last spring, Gov. Christine Gregoire hired a new head for the state Department of Social and Health Services -- Susan Dreyfus, who, in turn, has brought in new blood to head up Children's Administration.

"We have to be accountable. There is no worse day in this state when a child's not safe in their own home," Dreyfus said.

But we've heard these sentiments from state leaders for years. It appears things have only gotten worse, and some lawmakers are frankly fed up.

"How can we allow this to go on?" said Rep. Mike Armstrong, R-Wenatchee.

"Why can't we get this right?" said Sen. Val Stevens, R-Arlington.

We went to state lawmakers with some of our research, and asked what's being done to fix the problems. In fact, they've passed laws and given the agency millions to force them to do a better job of protecting kids.

During a 2004 gubernatorial debate, Gregoire talked of the need to overhaul the DSHS, which oversees Children's Administration.

"And the track record is not stellar, and we have been ravaged here in Eastern Washington by some very tragic deaths," she said.

Gregoire promised to make that agency a priority. But the instances of deaths and abuse have only gotten worse.

"Children are dying at the hands of people who are not able to take care of them," said Stevens.

Stevens has worked for years to overhaul the system, in one effort even forcing the agency to seek national accreditation. After several years of working with the National Council on Accreditation, last year the COA set a deadline for Washington to meet its standards. Children's Administration refused to comply, and dropped out of the accreditation process.

"It was a bill that we passed and they said, 'We're not going to do it,"' Stevens said. "But too often that's what's happening. They are thwarting the very laws that we are passing."

Falling behind on the national scale

Records indicate Washington's child welfare agency scores poorly in two different national evaluations. A review by U.S. Health and Human Services found 36 states were better than Washington at meeting children's needs and keeping them safe.

And a review by the national organization Every Child Matters shows that between 2001 and 2007, the state's per-capita number of kids who were abused or neglected have gone up, as has the number of deaths.

Washington's Children's Administration contends the rise may be partially due to a difference in the way they now determine deaths by abuse.

In 2004, then-candidate Gregoire said she wanted to make Children's Administration directly answerable to the governor.

When asked why she hadn't been able to follow through on those promises, Gregoire said, "Well, we've made good progress." Now into her second term, Gregoire still hasn't made Children's a separate agency or directly accountable to her.

But last spring she hired Susan Dreyfus, who used to head up Wisconsin's Division of Children and Families.

"It's about being accountable, and it's about being transparent and being very upfront with people (on) where we have weaknesses, what we have to do to change, and that we are changing," Dreyfus said.

Dreyfus has many supporters across the country. Bt the state she comes from, Wisconsin, did even worse in both those national evaluations than Washington. We asked if that wasn't a report card on her tenure there.

"I don't believe so, no. I'm looking at outcomes, I'm looking at how many children are in care, our permanency record," she said.

Dreyfus has now hired Denise Revels Robinson to head up Children's. Revels Robinson also gets high marks across the country. But she left her last post - also in Wisconsin - under a cloud after a high-profile case of a child who died under her watch.

When asked if she bears some responsibility in that case, she said, "I think the head of the agency always bears some responsibility, because as we talked about earlier, accountability is key."

A Milwaukee Journal Sentinel investigation of the county's children's services with Revels Robinson at its helm showed evidence that 22 children died of abuse or neglect under her watch.

We asked Dreyfus why she would you bring someone into our already-troubled state who has a history of running an agency that's troubled.

"You know, it's so funny, you're responding to media," Dreyfus said. "I'm not looking for media sensationalism in making my selection of who's the right person on my team, but I am looking for someone that's proven, passionate and has outcomes to prove it."

But several legislators insist the only way to fix the system is to break it apart, making Children's Administration more accountable to both the governor and, more importantly, to the citizens

"I think a lot of folks are to-the-point. They just want to get this thing fixed and start taking care of kids," said Armstrong.

The Problem Solvers are not going to let this go. We're taking the results of our investigation to key legislators. And we will be there when the legislative session begins next year to see if action is taken and CPS is held accountable.

DSHS death investigation reports:

- Michael-Kekoa Ravenell

- Bryce Meining

- Tiffany Marie Granquist

- Louise Hope Cowan

- Aliyah Hickson

Report from Every Child Matters:

- Child Abuse and Neglect Deaths in America

PARENTS RIGHTS ACTIVIST MURTARI IMPRISONED FOR CHALK PROTEST, AND RELEASED

2009-11-20T20:01:00.003-05:00

Parents rights activist Murtari imprisoned for chalk protest, and released

http://www.examiner.com/x-15873-Family-Rights-Examiner~y2009m11d16-Parents-rights-activist-Murtari-imprisoned-for-chalk-protest

Parent activist and founder of akidsright.org, John Murtari was arrested today in Lyons, NY after a peaceful protest for family rights.

Murtari started this protest for the You're the Parent Notification Act in early Oct. by writing with children's chalk on the walkway in front of Assemblyman Oaks office. That didn't end in arrest, so on Oct. 26 he moved the protest to the sidewalk in front of the Village offices police station.

When that didn't get the result he wanted he moved the protest to the Wayne County Courthouse in Lyons.

To read the rest of this article visit the link above

McNeill charged with the Murder and Rape of Shaniya Davis

2009-11-20T15:19:00.003-05:00

McNeill charged with the Murder and Rape of Shaniya Davis

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m11d20-McNeill-charged-with-the-Murder-and-Rape-of-Shaniya-Davis

During a press conference, last night, Fayetteville Police Chief Tom Bergamine said that officials have ruled Shaniya Davis' death as a homicide.

Preliminary reports indicated that 5-year-old Shaniya Davis died of asphyxiation, although a final report on Shaniya's death has not yet been completed.

For more on this story visit the link above.

YOU CAN'T KNOW THE THINGS PEOPLE HIDE

2009-11-20T15:12:00.002-05:00

'You can't know the things people hide'

http://www.kval.com/news/local/70420352.html

By Laura Rillos KVAL News

EUGENE, Ore. -- Members of Lane County's foster parent community are shaken by allegations a foster parent sexually abused two of his children.

Joshua Thomas Friar, 26, was arrested after two of his foster children alleged he had sex with them.

According to Oregon State Police investigators, Friar met the boys while working at Jasper Mountain, a facility for children with emotional problems.

According to court records, the boys were 9 and 12 when the abuse allegedly started.

"It frustrates me and angers me to know something like this could happen to the children in our foster care system," said Tammy Hadley, a foster parent and president of the Foster Parent Association for Lane County. "It angers me really badly."

To become a foster parent, Friar had to go through a Department of Human Services screening. It included a criminal background check, checks with references as well as interviews and home visits.

Friar also passed the screening process at Jasper Mountain.

However, until his arrest Saturday, Friar had no criminal record.

Patricia Feeney, a DHS spokeswoman, acknowledged their system is not foolproof.

"I think, for the most part, I would say to you, children are safe in foster care," said Feeney, who said she could not comment specifically on Friar's case.

When asked if DHS had plans to evaluate the foster parent screening process, Feeney said, "Actually, we've already done that. We've changed. It's a much more rigorous process."

She believed those changes took effect this fall and said they are stricter than they were when Friar became a foster parent. She would not disclose when that was.

Hadley believes the system works as best as it can.

"You can't know some body's heart," she said. "You can't know the things people hide."

Hadley fears this case will give people a bad impression of the foster care system.

"There are good and bad people, there are good and bad foster parents, there are good and bad news stations," she said. "And you know, it's a hard, hard place. It breaks my heart."

Friar has not yet entered a plea, as a grand jury has to decide whether or not to indict him.

He is being held on $2 million bail.

STATE DOESN'T KNOW WHETHER CPS WORKERS ARE LAW-ABIDING, NON-VIOLENT

2009-11-20T15:01:00.003-05:00

State doesn't know whether CPS workers are law-abiding, non-violent

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/111909dnmetcpsworkers.3d0fb62.html

07:44 AM CST on Thursday, November 19, 2009
By ROBERT T. GARRETT / The Dallas Morning News
rtgarrett@dallasnews.com

AUSTIN – The state, despite efforts to tighten background checks, still doesn't know for sure whether Child Protective Services employees are law-abiding and nonviolent.

CPS officials admit that the case of a North Texas supervisor, who didn't disclose her arrests on charges of drunken driving and assaulting her husband with a lamp, gives them pause.

"Yes we are, obviously" concerned, CPS spokesman Patrick Crimmins said Wednesday. "All employees are required to report these incidents – required to. It is not a suggestion."

Crimmins said state protective services agencies have "a solid policy" for staying alert to past and ongoing misconduct by employees. But CPS' ignorance of a Fort Worth mid-level manager's scrapes with the law illustrates how hard it is to fully vet a workforce of literally thousands of workers who hold sensitive jobs.

CPS and its parent agency, the Department of Family and Protective Services, rely on an "honor system" of self-reporting.

But after news stories last year that the department was unaware of employees' criminal convictions, officials decided to check each of its 10,660 employees every 12 months against a criminal-history database managed by the Department of Public Safety.

DPS' database is riddled with holes, though. The Dallas Morning News has reported extensively on failures by many counties, including Dallas County, to notify DPS of outcomes of many criminal cases, even though state law requires notification.

A newly passed law appears to have improved counties' reporting, but big gaps from past years have spawned a cottage industry of background-check firms, which buy lists from counties and do more thorough checks.

Crimmins said the department has not considered asking the Legislature for money to hire such firms, until the DPS system can be fixed, but "it is something that we could look into."

Sen. Jane Nelson, a Flower Mound Republican who is the Senate's chief social services policy writer, said Texas is making some progress. She cited her bill last session that requires FBI fingerprint checks of employees for private contractors who provide state-paid services to vulnerable populations.

"The accuracy and timeliness of criminal background checks have come a long way, but more work is needed," she said. "Because resources are limited, it is important that we prioritize our resources on the vetting process with individuals who have the most direct access with our vulnerable population."

Recent actions by Fort Worth CPS supervisor Lauren Taylor, though, show that the honor system and DPS-database runs are far from airtight checks.

Taylor, 27, who has worked for CPS for nearly four years, was arrested on misdemeanor assault charges at 1 a.m. on Sept. 11 at a luxury hotel in New York City.

According to a criminal complaint and an account in the New York Post, her husband, Jeffrey Taylor, told police she had struck him in the face with a lamp, scratched his face and bit him in the arm during an altercation.

Lauren Taylor said Wednesday that she didn't harm him and that the charge is bogus.

"We're working to get this false allegation dissolved and dismissed as soon as possible," she said.

She said a lawyer advised her to tell no one about the arrest. Taylor said she didn't realize she must promptly report any arrest to her supervisor, though all department employees had to sign a paper in October 2008 saying they understood they are obligated to report any arrest within five days.

She said she mistakenly thought the policy applied only to convictions.

In her job, Taylor has "no face-to-face contact with children or families," Crimmins said.

CPS, which did not know about the incident until The Dallas Morning News inquired about it late last month, also was unaware of Taylor's February 2008 drunken-driving arrest in Dallas until alerted by the newspaper, Crimmins said.

In October 2008, the charge was reduced to obstructing highway passageway, and she was given deferred adjudication. Though records indicate she had nine months of probation, Taylor said she recalls only having to pay fines.

Crimmins said his department checked all employees in North Texas against the DPS database in August but can't explain why it found nothing about the DUI arrest of Taylor, who at the time of her arrest was unmarried and went by another name.

"We do not know definitively why not, but it could have been the name change/limitations of the DPS system," he wrote in an e-mail.

DPS official Angela Kendall, who maintains the database, said promising new efforts are underway to improve counties' reporting, mainly because of a law authored this year by Sen. Florence Shapiro, R-Plano. It requires low-reporting counties such as Dallas to create panels of court clerks, police and computer specialists to craft remedial plans.

Most have, she said, and already there have been improvements. However, Kendall confirmed that in the DPS system, half or more of Dallas County arrests from 2001 and 2002 still show no resolution – whether conviction, acquittal or dismissal.

Crimmins said 20 protective services workers have self-reported their arrests since his department re-emphasized the honor system 13 months ago. Nine were for drunken driving. The most serious involved an altercation at a Houston-area apartment complex last January, in which a CPS caseworker reported running over the foot of an off-duty sheriff's deputy. Crimmins said that worker's subsequent dismissal was one of "a handful" caused by the self-disclosures.

Department records show Taylor was admonished two weeks ago for not reporting the New York arrest. She's ineligible for merit pay raises and certain other privileges for six months.

Taylor said she also was punished for not reporting last year's drunken-driving arrest, though she wouldn't elaborate, saying she'd been "instructed not to comment about my work status at this point or any punishment."

Crimmins said part of Taylor's job is to monitor how well 400 child-abuse investigators in Tarrant, Denton and eight other counties follow CPS policies. She is executive assistant to a regional program administrator over all of those workers.

"I do not believe that this affects my ability whatsoever to work for CPS," Taylor said. "I acknowledge that I did make that procedural mistake of not reporting, and that's not going to happen again."

ACCUSED KILLER OF WOMAN, 17-MONTH-OLD BOY HAD PREVIOUS VIOLENT HISTORY

2009-11-20T14:54:00.002-05:00

Accused killer of woman, 17-month-old boy had previous violent history

http://www.mercurynews.com/breaking-news/ci_13809490?nclick_check=1

By Chris Metinko
Oakland Tribune

Posted: 11/17/2009 04:45:15 PM PST
Updated: 11/17/2009 06:12:12 PM PST

The Oakland man accused of killing his girlfriend and her 17-month-old son and dumping the bodies in Berkeley had several run-ins with the law before his court appearance Tuesday.

Curtis Martin, who is charged with murder in the deaths of Zoelina Williams, 23, and her 17-month-old son, Jashon, also has faced charges in the past dealing stemming from firearm possession and the death of a 3-year-old child of a former girlfriend.

In 1992, Martin was convicted of possession of an assault weapon after he threw a Tec-9-styled firearm from a car fleeing police in East Oakland. He was sentenced to 16 months in prison.

Less than two years later, he found himself in legal trouble again — this time, even more serious. He was accused of killing 3-year-old Devin Brewer in Oakland in 1994.

Devin had been admitted to Children's Hospital Oakland with multiple head wounds and hemorrhaging. Martin and the child's mother, who were romantically involved at the time, said Devin had fallen off playground equipment at a park. An autopsy, however, revealed that he had suffered multiple blows to the head, which led to his death.

In court filings, Devin's mother related several stories of being slapped and abused by Martin and Martin's abuse toward Devin, usually because the child would urinate in bed at night.

Due to issues of proof during the trial, the District Attorney's Office and Martin's defense attorney — now Alameda County Superior Court Judge Jon Rolefson — agreed to a plea deal for a charge of voluntary manslaughter. Martin was sentenced to 11 years in prison.

During the sentencing, Judge Larry Goodman said it was disconcerting to see a lack of remorse from Martin and said he had a hard time looking at a picture of his own young daughter before he came out of his chambers to impose the sentence.

"As I said to you in chambers," Goodman told the defense, "as I am not normal to say on the record, if it was my daughter who had been killed, I would be a raving maniac, and I would probably try to kill Mr. Martin myself.

"Now that is not very judicial, but that is a human response," he added.

Martin was released from prison on parole in October 2000.

MOTHER QUESTIONS CHILD'S DEATH IN FOSTER CARE

2009-11-20T14:44:00.002-05:00

Mother Questions Child's Death In Foster Care

18-Month-Old Fell Out Of First-Floor Window

http://www.wesh.com/news/21624009/detail.html

ORLANDO, Fla. -- The mother of a child who died after falling out of a window is demanding answers from the foster family caring for the boy.

Eighteen-month-old Tymaine Peters was rushed to a hospital on Sunday night after falling less than three feet from a window. He was inside a ground floor room in the home of David and Candace Woock, when he somehow fell to the ground. There are cement landings under some windows around the home. Despite CPR from David Woock, an Orange County fire captain, Tymaine died.

Tymaine had been in foster care since October 2008.

Amanda Hasty and her family are struggling to accept news that her son died while in foster care. Hasty said she is suspicious.

"If he fell, I don't think it could have hurt him like that," she said. "He would not have died from it. Three feet, you're not going to die from three feet. I think there is something else maybe."

Karine Peters was planning to adopt her nephew. She also finds his death suspicious.

"Why did he fall out of the window? You know, how did an 18-month-old baby fall out of a window, at that time of night, right?"

The Woocks said they are devastated.

Regardless of suspicions on the part of Tymaine's biological mother and other loved ones, the Department of Children and Families said the Woock's are exceptionally trained and capable foster parents.

DCF also said the Woock's are licensed for medical foster care, but the DCF spokeswoman could not confirm that a babysitter in the home at the time received any specialized training. No one has been charged with any crime in the child's death.

BABY SUCCUMBS TO HEAD INJURIES

2009-11-20T14:35:00.002-05:00

Lancaster abuse case

Baby succumbs to head injuries

http://www.dispatch.com/live/content/local_news/stories/2009/11/20/infant.ART_ART_11-20-09_B7_37FO4QM.html?sid=101

Friday, November 20, 2009 3:03 AM
By Randy Ludlow

THE COLUMBUS DISPATCH

After lingering near death since Halloween, a 4-month-old infant died Wednesday night of head and brain injuries attributed to abuse.

The infant, Bryson Mershon, died of multiple "nonaccidental injuries" at 6:21 p.m. Wednesday at Nationwide Children's Hospital in Columbus, said Lancaster police, who are investigating the case.

Fairfield County Children Services had placed the baby with his 23-year-old aunt and her fiance after his birth, Police Chief Dave Bailey said.

The woman's 30-year-old fiance summoned paramedics to the couple's Trace Drive apartment in Lancaster at 10:45 a.m. on Oct. 31, saying he had found the infant unresponsive.

The Dispatch is not identifying the foster parents because no one has been charged.

A police report stated that the infant suffered skull fractures and bleeding in the brain. The infant had been declared brain-dead before he died.

County officials had discussed seeking a court order to remove the baby from life support. Children Services gained permanent custody of the child on Friday.

Children Services officials did not return telephone calls seeking comment, and Juvenile Court officials were not available for comment yesterday.

Bryson was placed in the custody of his mother's sister and the sister's fiance after he was born on July 4 with drugs in his system, authorities said.

The Ohio Department of Job and Family Services will automatically review the county's handling of the custody case because the infant died in the care of foster parents.

NO NEW CHARGES TODAY IN THE DEATH OF SHANIYA DAVIS

2009-11-18T16:12:00.002-05:00

No new charges today in the death of Shaniya Davis

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m11d18-No-new-charges-today-in-death-of-Shaniya-Davis

Cumberland County authorities have not filed any new charges today in the death of Shaniya Davis due to jurisdictional issues. Additional charges will be put on hold until the whereabouts of Shaniya's death is known and/or the counties involved work it out. Shaniya disappeared from her home in Cumberland County, but her body was found in Lee County.

According to a press release from the Fayetteville Police Department, November 17th, “Jurisdiction in criminal cases is governed by where the criminal conduct occurred. Right now, this is an ongoing investigation and as such we are still determining the details surrounding the death of the child. So the final decision as to jurisdiction will not be made until those details are obtained.”

Read the entire article here

OKLAHOMA FOSTER PARENTS ARRESTED FOR FELONY CHILD ABUSE

2009-11-17T14:21:00.002-05:00

Oklahoma foster parents arrested for Felony child abuse

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m11d17-Oklahoma-foster-parents-arrested-for-Felony-child-abuse

Truthfully, there are conflicting stories in this case of whether Garold Ray and Sherry L. McMillian, both 42, are the foster parents or adoptive parents of the 14 and 15 year-old children in this case, a call to the Owassa Police Department still left this question unanswered.

What isn't in dispute is the treatment of these children.

MOM ACCUSED OF NEGLECT WORKED FOR FSSA

2009-11-17T13:46:00.002-05:00

Mom accused of neglect worked for FSSA

http://www.wishtv.com/dpp/news/crime/fssa-employed-mom-facing-neglect-charges

Updated: Tuesday, 17 Nov 2009, 11:55 AM EST
Published : Tuesday, 17 Nov 2009, 11:52 AM EST

Editor: Hyacinth Williams

INDIANAPOLIS (WISH) - 24-Hour News 8 has just learned the mother whose 11-month-old child was found wandering the streets this weekend was a temp worker at Family and Social Services Administration.

Tuesday House, 38 worked in the family resources division and was hired on November 1.

On Monday, House was arrested and faces a preliminary charge of child neglect.

This after her child was found wandering near the corner of 21st and Harding streets at around 8:30 p.m. Saturday.

“She said that when she left the house, the person that she was having take care of the child was outside of the house smoking a cigarette. She left and when she left she went out and was at some friends drinking alcohol and smoking crack,” said Detective Julie Dutrieux of the Indianapolis Metro Police Department.

Detective Dutrieux said House returned home around 10:30 p.m. Saturday when she noticed no one was home, she went back out to party more with friends.

House told police she didn’t realize her child was in protective custody until police came knocking at her door.

This isn't the first time House has been investigated by Child Protective Services. Several years ago, House lost custody of another child.

SEARCHERS HAVE FOUND THE BODY OF 5-YEAR-OLD SHANIYA DAVIS

2009-11-16T14:41:00.002-05:00

Searchers have found the body of 5-year-old Shaniya Davis

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m11d16-Searchers-find-the-body-of-5yearold-Shaniya-Davis#

Heartbreaking news today, Fayetteville Police spokeswoman, Theresa Chance told the Associated Press that searchers have found the body of missing 5-year-old Shaniya Nicole Davis off a road southeast of Sandford in the central part of North Carolina.

Shaniya disappeared 6 days a ago from her home in Fayetteville, North Carolina. An extensive search has been conducted for Shaniya since shortly after her disappearance was reported by her mother.

To read the entire story visit the link above.

DSHS, CORRECTIONS PAY $1.5M TO SETTLE ABUSE CASE

2009-11-16T14:34:00.004-05:00

DSHS, corrections pay $1.5M to settle abuse case

http://www.seattlepi.com/local/6420ap_wa_abuse_settlement.html?source=mypi

THE ASSOCIATED PRESS

OLYMPIA, Wash. -- The Department of Social and Health Services and the Washington Department of Corrections are paying $1.5 million together to settle a child abuse claim.

DSHS spokesman Steve Williams says the two departments decided to settle the claim to spare the family and the girl from having to relive the trauma.

Attorneys for the girl released information about the settlement on Friday.

The now 14-year-old girl was emotionally, physically and sexually abused while in her grandparents' home in Okanagon County despite warnings to Child Protective Services. The girl's grandfather had twice been convicted on child-molestation charges and his parole officer told CPS he might pose a danger to the child but she remained in the home.

According to the claim filed against the state, the girl was sexually abused by her grandfather and physically abused by her grandmother. The attorneys say she is now living with her mother in Pierce County and is doing well.

American's dead children and Child Protective Services

2009-11-12T16:12:00.004-05:00

America's dead children and Child Protective Services

http://www.examiner.com/x-29636-Surry-County-CPS-Examiner~y2009m11d11-Americas-dead-children-and-Child-Protective-Services

The list is long and heartbreaking, the children on it have been beaten, broken, drowned, burned, strangled, starved or neglected, and all of them are dead. Headlines have drawn attention to the cases of some of them, Danieal Kelly, Erin Maxwell, Kayla Allen, and Christopher Thomas, but there are many more, Phoenix Jordan Cody-Parrish, Brandon Williams, Elizabeth Goodwin, Logan Marr and Alexis (Lexie)Agyepong-Grover, just to name a few.

The children on this list died in very different settings; some died in their own homes, some in foster care, while others were killed by their adoptive parents. Yet, all of these dead, abused, children had one thing in common, Child Protective Services.

New Report Scalds DHS

2009-11-12T16:02:00.002-05:00

New Report Scalds DHS

Accuses Agency Of Allowing Abuse

http://www.koco.com/news/21586699/detail.html

TULSA, Okla. --
A child welfare expert said five foster children in the custody of the Oklahoma Department of Human Services were scalded in bath water, sexually molested, beaten with tree switches and belts and hit in the mouth - a pattern of abuse the expert called "outrageous and immoral."

The 121-page report by independent consultant Peg McCartt Hess was filed Wednesday afternoon in Tulsa federal court as part of a 2008 class-action lawsuit that accuses DHS of mistreating its foster children.

For her report, Hess reviewed case files for five of the nine children named as plaintiffs in the suit against Oklahoma by Children's Rights, a New York-based child advocacy group.

In the report, two different child welfare experts reviewed a case involving several children in DHS custody and said DHS is inadequate in responding to abuse in a home, that children in DHS care are likely at risk of physical and mental abuse, that social workers have only superficial relationships with children, and that children are at risk of being placed with abusive and neglectful caregivers.

Hess said the abuse and neglect the children suffered while in DHS custody was "wholly preventable."

The claim is a starkly different story than George Johnson of the DHS said in an interview with Eyewitness News 5 one year ago.

"Any time anything happens to a child in foster care, there's an immediate investigation," he said in the November 2008 interview. "That's the best we can do to work hard every single day."

At the time, he also said that it wasn't true that children in DHS care are in danger of being placed with abusive or neglectful caregivers.

"Whether they're in foster homes or their own relatives' care, children will die," he said in 2008. "Accidents will happen, period."

DHS declined to comment on the new reports until workers have had a chance to review them.

Oklahoma kids in DHS care face dangers, report finds

2009-11-12T15:57:00.003-05:00

Oklahoma kids in DHS care face dangers, report finds

Group seeks reform of state system

TULSA — Treatment of children in Oklahoma’s child welfare system has been "incomprehensible, unimaginable, outrageous and immoral,” a child welfare expert stated Wednesday in a report filed in Tulsa federal court.

Read more: http://www.newsok.com/oklahoma-kids-in-dhs-care-face-dangers-report-finds/article/3416727?custom_click=pod_headline_crime#ixzz0WgHKV8kQ

THE DSS MYSTERY: WHERE DID MONEY GO? (MECKLENBURG COUNTY DSS, NORTH CAROLINA)

2009-11-09T12:40:00.004-05:00

The DSS mystery: Where did money go?

E-mails show officials suspected misspending, but they have never saidwho was at fault for disappearance of $162,000 in donations for needy kids

http://www.charlotteobserver.com/local/story/1044222.html

By Fred Clasen-Kelly
frkelly@charlotteobserver.com

Internal e-mails reveal new allegations of misspending at the Mecklenburg County Department of Social Services, raising more unanswered questions about what happened to money intended to help needy children.

Some of the more than 1,000 e-mails the Observer obtained through a public records request provide the most detailed account to date about the agency's accounting fiasco.

E-mails show:

Officials suspected an employee wrote $80,000 in checks to herself from donations.

An administrator questioned why other donations were used to buy $340 diamond earrings, leather coats and a $300 DVD player.

A top executive complained that a senior fiscal administrator frustrated co-workers with her "inability to explain the simplest concepts of revenue and expenses."

After nearly a year, officials have never said who was at fault for $162,000 that disappeared or whether anyone was disciplined.

No one has been charged in an ongoing police investigation and a county report says officials cannot be certain where the money went.

Meanwhile, donors are left to wonder whether their generosity ever helped buy Christmas gifts for those in need.

In one e-mail, a woman describes calling the county in 2007 to give $900 for single mothers at Christmas. The person who answered the phone told her to make a check payable to the worker's sister.

The donor said she grew suspicious and made the check out to the county, but the idea that it may still have been misused is "like a kick in the stomach."

In another e-mail, a founder of Second String Santa said he was concerned whether kids received the more than 50,000 toys his group had donated since 1989.

Will Miller said he believes some of the toys reached children, but he's not sure about the rest.

"Will we ever know? Probably not," he said.

Two commissioners said they have asked county administrators for a full accounting of what went wrong at DSS but have yet to receive answers. County officials have never explained who was responsible, they said.

"To fix it, you have to admit all the stuff that is messed up," Commissioner Bill James said. "They don't want to do too much digging."

County administrators declined interview requests. Instead, a county spokesman released a prepared statement saying appropriate fiscal controls have been installed in response to an outside audit and an internal investigation.

"Our review of the e-mails we provided and your follow up questions did not reveal any new information that would suggest any change in the audit findings or in management's response to those findings," the statement said.

Some commissioners said they have been told that the employees involved have either left county government or been placed in new positions.

Unusual spending patterns

DSS spends $176 million annually and employs 1,200 workers to assist Mecklenburg's poor and neglected. The agency administers everything from food stamps to foster care and child protection services.

Last spring, DSS Director Mary Wilson ordered financial audits following reports of suspicious spending.

Auditors looked at multiple spending programs and financial practices in the agency. They found a $10,000 check made out to an employee, missing and altered receipts and money for kids spent on office supplies.

County leaders responded by suspending the programs, putting DSS finance under direct county control, training workers on accounting procedures and ordering a review of financial procedures in each county agency.

The Observer reviewed e-mails dating from December 2008 to July 2009 for seven current and former county administrators, including Wilson, County Manager Harry Jones, County Finance Director Dena Diorio and Internal Auditor Cornita Spears.

E-mails show county officials noticed unusual spending patterns as early as last December but did not disclose problems to the public until March.

On New Year's Eve, Wilson told staff she had suspended a voucher program the agency used to purchase clothes and other items for clients at local stores. She wrote that officials were worried about a lack of oversight and a spike in spending.

One monthly retail bill leapt from between $5,000 and $6,000 to more than $20,000 in October 2008, the e-mail says. Employees turned in receipts only 30 to 35 percent of the time, she wrote.

At one time or another, workers possessed or had access to numerous credit cards and gift cards, including some to Bath & Body Works, Bass Pro Shops, Macy's, the Cheesecake Factory and Outback Steakhouse.

Outside auditors verified for county administrators that DSS workers possessed county-issued credit cards, including 10 credit cards for Sam's Club, three for Harris Teeter and an online charge account with amazon.com.

In February, county officials asked internal auditors to look into questionable spending, including purchases of diamond earrings, leather coats and a DVD player.

An e-mail to one of the auditors from a human resources consultant said the purchases raise "many questions and concerns."

According to the county's statement, most gifts were typical children's items such as toys, clothes and books. More expensive items such as diamond earrings and leather coats were approved purchases for foster children who reached special milestones like high school graduation, the statement says.

"Receiving a gift of some significant value was viewed as an incentive for other children who were in foster care to set goals and accomplish them," the statement said.

Commissioner Harold Cogdell said he spent part of his early childhood in foster care and believes the gifts are a good idea.

"It makes sense to me to show the kids some love," Cogdell said.

A new accountant

DSS has endured multiple management shakeups in recent years. The latest came when Wilson reorganized the agency after she was hired in July 2008.

She laid out the reasons to hire a new finance director in a February e-mail.

Wilson wrote that the senior fiscal administrator who managed DSS finances failed to provide reports about oversight, alienated staff and lacked the ability to conduct productive discussions with senior county executives. The e-mail does not name the senior fiscal administrator.

DSS later hired accountant Angela Hurlburt to oversee its finances.

James, the commissioner, said he has asked for the names and background information on Hurlburt's predecessors. He wants them to answer questions from the Board of Commissioners' Audit Review Committee, which investigated accounting lapses at DSS.

He said administrators have failed to respond to his requests and complained that officials "keep us in the dark."

Other commissioners disagreed.

Chairman Jennifer Roberts and Commissioner Dumont Clarke said county leaders have already put in place reforms that will protect taxpayer and donor money.

"The highest priority" is implementing new financial controls, Clarke said.

Shifting the finances

Auditors from Cherry, Bekaert & Holland reviewed DSS and found that Mecklenburg officials responded appropriately. The county's Audit Review Committee came to the same conclusion.

But DSS Director Wilson bristled at one of the major reforms.

Leaders put DSS finance under the direct control of the county's main finance department after allegations of misspending surfaced.

In April, Wilson sent an e-mail to County General Manager Michelle Lancaster to complain. Calling the decision "premature" and "shortsighted," Wilson said there are emergencies when DSS workers must write checks immediately, including occasions when the agency takes children in custody who need clothes, toiletries and school supplies.

"I understand the urgency at the time, but there was a reason DSS had check writing capability and I think we threw the baby out with the bathwater instead of fixing the underlying issue, which is documentation and accountability," Wilson wrote.

Donors left with questions

Past supporters of the DSS Christmas charity include Young Lawyers, employees of Wachovia and Bank of America, and Project Joy, the holiday fund drive initiated by Observer columnist Tommy Tomlinson. The Christmas charity, known as the Giving Tree, is now run by the Salvation Army.

The donor who gave $900 e-mailed the county in July after learning about accounting failures from news accounts. She attached a picture of the check copy she made around Christmas in 2007.

She wrote that she did not remember the name of the woman she spoke with on the phone.

The donor said she and her family all pitched in to raise the money so she could assist women like her who had struggled as single mothers.

When she heard there were allegations of misspending in a DSS charity program, "It's like your stomach just drops." Staff reporter April Bethea contributed.

Fred Clasen-Kelly: 704 358-5027

Crowdsourcing: Help us review e-mails

http://obspapertrail.blogspot.com/2009/11/crowdsourcing-help-us-review-e-mails.html

We examined some 1,100 emails from public officials to report our story on misspending at the Mecklenburg County Department of Social Services.

Now you can, too.

Use the links below to view emails sent by top administrators related to DSS.

Let us know if you spot something that you think deserves further scrutiny. You can leave a comment below or send an e-mail.

The buzzword for this is "crowdsourcing."

But the concept is as old as the notion that two heads are better than one.

(Collective wisdom is illustrated this way by author James Surowiecki: On the game show "Who Wants to be a Millionaire," the lifeline to an expert friend yielded the correct answer about 65 percent of the time, while the studio audience was right 91 percent of the time.)

Here are the links:

Click here for County Manager Harry Jones.

Click here for DSS Director Mary Wilson.

Click here for Finance Director Dena Diorio.

Click here for auditor Cornita Spears.

Click here for administrator Beverly Hinson.

Click here for supervisor Cindy Brady.

Here's a link to an e-mail highlighted in our story, in which Wilson says a senior fiscal administrator has left directors "frustrated with her inability to explain the simplest concepts of revenue and expenses."

- Doug Miller

Man's e-mail about DSS sent to his employer

http://www.charlotteobserver.com/408/story/1044223.html

By Fred Clasen-Kelly
frkelly@charlotteobserver.com
Posted: Sunday, Nov. 08, 2009

As news spread about possible missing money from the Department of Social Services Christmas charity, Harry Lomax and other donors contacted Mecklenburg County leaders to complain.

"I feel duped," Lomax wrote in an e-mail to county commissioners and top administrators.

But Lomax likely did not anticipate County Manager Harry Jones' response.

Jones forwarded the e-mail to Lomax's employer, Bank of America, and wrote, "Do you know Harry Lomax."

A Bank of America vice president replied to Jones about one hour later, writing that she was "embarrassed" by Lomax's e-mail.

"I am tracking it down. I don't know him - I have alerted charles. Will be back to you," she wrote.

Some commissioners and ethics experts now say the actions by Jones and the bank official were improper because they could stifle free speech and blur the lines between employment and citizenship.

It's unclear how Jones knew Lomax worked at Bank of America. Lomax sent his message from a personal account and did not mention the bank by name.

"It is not appropriate," said Diane Swanson, a professor of business ethics at Kansas State University. "If this happened all the time, what kind of world would we have?"

The Observer obtained the e-mails from the county through an open records request. They provide a glimpse into how top Mecklenburg administrators reacted to reports of misspending and accounting lapses at the Department of Social Services.

Worried donors wrote to commissioners and county executives after auditors disclosed that they could not account for tens of thousands of dollars from a charity designed to buy Christmas presents for needy children.

Some county commissioners said they do not understand why Jones forwarded the e-mail from Lomax to his employer when he was speaking as a citizen and not on behalf of the company. They said they would question Jones about it.

Public officials publish their phone numbers and e-mail addresses to allow constituents to voice concerns and ask questions. They also set aside time during public meetings to listen to comments from constituents.

"Citizens are able to vent frustrations without thinking that (county) management will get their employer to engage in some retribution," Commissioner Bill James said. "This makes the county look bad. It makes Harry look vindictive. It makes Bank of America look like the county's hatchet man."

Jones did not respond to interview requests from the Observer. A county spokesman referred a reporter to a statement the county released, but it does not directly address questions about Lomax's e-mail.

Nicole Nastacie, a spokeswoman for Bank of America, said "on their personal time, employees are free to express personal opinions" to government officials about any issue that is not related to the company.

Betty Turner, the bank's government liaison who responded to Jones, suspected that Lomax's e-mail involved issues related to the bank and appropriately looked into the situation, Nastacie said. When she determined Lomax was speaking as a private citizen, there were no further discussions, Nastacie said.

Lomax declined to comment.

The e-mail

On July 7, Lomax sent his e-mail to commissioners, Jones, DSS Director Mary Wilson and County Finance Director Dena Diorio. He wrote that he had planned to speak during a commissioners meeting the same day at the urging of Commissioner Neil Cooksey.

Lomax wrote that he left before speaking and decided to e-mail his comments.

The e-mail criticizes county management for failing to prevent accounting failures and accuses some commissioners of a "flippant, hands-off response" to the issue. "There seems to be a need for a wholesale cleanup of many county agencies, and I think that starts from the top down," Lomax wrote.

A week after receiving the e-mail, Jones forwarded it to Turner.

Commissioners respond

Commissioner Karen Bentley said Jones should not have sent the e-mail to Bank of America.

"It should have no bearing on his job," Bentley said. "That's his right."

Commissioner Dumont Clarke called the move "unusual."

Clarke and some other commissioners said they would need more information to judge whether Jones acted appropriately.

"It's not a good practice for the manager to do," Clarke said.

Commissioner Chairman Jennifer Roberts said she would try to contact Lomax to speak with him. "I don't read anything into this," Roberts said. "Maybe Harry was trying to make sure Bank of America didn't feel duped."

Four business and government professors reviewed the e-mails for the Observer. Three said Jones did not have a valid reason to forward Lomax's e-mail since he did not mention his employer by name or present himself as a representative of the company.

"Given these circumstances, one would expect a public official to respond directly to Mr. Lomax and not contact his employer," said Denis Arnold, a professor of business ethics at UNC Charlotte.

Winthrop professor Marilyn Smith disagreed.

Considering public outcry over alleged misspending in DSS, Smith said it understandable that Jones would contact Bank of America. The bank also reacted appropriately, she said.

"To a certain extent, we represent our employers 24/7," said Smith, a professor of management. "We like to think it's my own personal opinion. Companies are judged by how their employees behave, fair or not."

Fred Clasen-Kelly: 704 358-5027