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Message To Children Protective Services
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The toughest job
The toughest job I've ever held, emotionally, was representing indigent parents in Juvenile Court dependency proceedings.
"Dependent" children are those who are abused, neglected, or otherwise without parental care or control. So you probably think their parents are scuzzball slime, right? WRONG.
Most of my clients were poor people caught in a system that employed just-out-of-college middle class kids to go out into homes and determine whether children were at risk. Turn-over in their job was tremendous. Most lasted no more than 6 months or, at most, a year. I handled cases in which these social workers deemed children to be at risk and had them removed from their homes by the police because:
* there was a cat seen sleeping on a child's bed
* the children (ages 11, 14, and 15) were home alone (at 3:00 in the afternoon while their parents were grocery shopping)
* the parents couldn't explain how a child had been injured (the injury occurred sometime during a two day period during which the child had been in the care of relatives on both sides of the family as well as with the parents)
* the child's burn wasn't properly treated for 5 days (but my client had taken her daughter to the emergency room right after the accidental burn happened; it was the hospital who sent her home with ointment instead of properly assessing the extent of the injury)
* the child has bruising on his lower back (this was "Mongolian spots," a dark pigmented area commonly seen on kids with East Asian ancestry)
* they were living in a shelter (their home had burned down)
These caseworkers also testified that parents were unfit because "the mother took that child on a city bus" and "although the children have proper beds, their mother is sleeping on a mattress on the floor" (my client's explanation: she thought it was more important to spend limited funds on the kids' needs rather than her own). When one mother did some wildcrafting (this was when "Stalking the Wild Asparagus" was popular), the caseworker accused her of making the children eat weeds.
All this was going on while real abuse and life threatening situations were being ignored. One caseworker failed to take action when, during a home visit, she noticed that a previously alert baby had become lethargic. "I just figured he was retarded or something," she testified, explaining why she left him there to die of a brain injury. And, in a case that actually made the newspapers (most Juvenile Court proceedings are kept confidential), three mentally challenged girls were sexually abused by their father and his friends for years, despite repeated reporting of suspicions by their school. Reported sexual abuse of a toddler was discounted when the doctor who was supposed to perform an exam refused because the child screamed and seemed terrified when he tried to examine her. So, without evidence, she was sent back to the abusive home.
Once the kids were in foster care, parents were limited to one one-hour visit per month, in the presence of a caseworker. One caseworker noted that my client seemed "unable to control" her 5 young children during these visits - the kids, who only saw each other during these visits, tended to get a little rowdy. Another faulted how my client interacted with her child - my client, who had been raised Amish, explained that she had not been raised to make a public show of emotion. A caseworker tried to stop visitation with my client (the father) because the child would be out of control when he went back to the foster home -- her example: the little boy didn't want to stop playing with a truck his father had given him. Another caseworker made my clients come to visits for more than six months "to prove they would show up," but never brought the children to the visits. Another testified that my client had failed to keep a visitation appointment without calling to cancel as if that were proof of irresponsibility, even though my client had provided her with a newspaper article showing that she (the client/mother) had been in an automobile accident and was in a coma on the day of the scheduled visitation.
I could go on for pages, but I'll stop here.
The job was a project funded by Allegheny County through the Allegheny County Bar Association. I and another attorney - Katherine B. Emery, who is now a Judge in Washington County -- handled all of the cases ourselves. It was described as "part-time," although hearings started at 8:30 a.m. every day and sometimes continued into the evening. We were expected to provide our own offices, etc. out of a small stipend that was often paid months late. Three judges heard cases, and Kathy and I were constantly running from one courtroom to another. The few minutes out of court were spent in a waiting area, interviewing our clients and trying to prepare cases on the fly. Research, appeals, etc. had to be done on the weekends.
After about two years, I walked out of a court room and punched out a window in the attorney waiting area. I realized that it was only matter of time before I hit a social worker or a judge.
The project is still in existence, but now it has funding, offices and full time employees.
And me? I'm still burnt out. - by Gina Sestak
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In Loving Memory Of Children Who Didn't Have to Die - 2005
"The state doesn't track these incidents no one really knows how many children have died or were seriously injured while they were in the state foster-care system. What is easier to document are the thousands of children who didn't get the attention or treatment they needed and were left struggling in the system for years. " Eric Thompson of Children's Rights
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January-February-March-April
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Andrew Anstey
13-year-old
2005
Keysbrook,Australia
January
Carla Louise Frew
16-year-old
January 3, 2005
Christchurch,New Zealand
Courtney Crockett
3-year-old
January 5,2005
Baguley,England
Tyler DeLeon
7-year-old
January 13, 2005
Spokane, Washington
Heaven Traverse
2-year-old
January 14, 2005
Fisher River, Manitoba
Canada
Diana Quinones
5-week-old
January 15, 2005
Las Cruces, New Mexico
Travis Lewandowski
4-year-old
January 15, 2005
Waubay,South Dakota
Tiffany Lewandowski
7-year-old
January 15, 2005 Waubay,South Dakota
Joslyn BullBear
3-year-old
January 15, 2005 Waubay,South Dakota
Daniel Flynn
4-year-old
January 15, 2005 Waubay,South Dakota
Freya Garden
19-month-old
January 16, 2005
Seattle,Washington
Karen Dewar
16-year-old
January 20, 2005
Fife, Scotland, UK
Sirita Sotelo
4-year-old
January 21, 2005
Lake Stevens, Washington
Dennis Gene Merryman
8-year-old
January 22, 2005
Harford County, Maryland
Pamela Waldher
16-year-old
January 23, 2005
Fayetteville, North Carolina
Edgardo Martin
7-month-old
January 27,2005
Fairmont City,Illinois
Ronnie Paris
3-year-old
January 28,2005
Tampa,Florida
February
Danielle Scott
17-year-old
February 2005
Edinburgh,Scotland
Jordan River Anderson
5-year-old
February, 2005
Winnipeg,Canada
Codi Michele Aston
2-year-old
February 3,2005
De Soto,Missouri
Jacob Isaiah McFarland
9-week-old
February 4, 2005
St.Albans,West Virginia
Angelene Plummer
3-year-old
February 8, 2005
Mesa,Arizona
Zakiya Butler
1-year-old
February 15,2005
Brooklyn,New York
March
Roy Lechner Jr
3-year-old
March1,2005 North Point, Maryland
Maeve Sheppard
11-month-old
March 4,2005
Buckinghamshire,UK
Nakeisha Walker
2-year-old
March 5,2005
Phoenix,Arizona
Dontel Jeffers
4-year-old
March 6, 2005
Boston,MA
Russell Andrew Walker, III
6-month-old
March 12, 2005
Ocean,New Jersey
Aiyana Gauvin
4-year-old
March 16, 2005
Lafayette, IN
Henry Willard Okemow
8-year-old
March 28,2005
Winnipeg,Canada
Christopher David Smith
2-year-old
March 30,2005
Kingsport,Tennessee
Shelly Lynn Bash
8-year-old
March 31,2005
Midland, Michigan
April
Jushai Akua Spurgeon
14-month-old
April 3, 2005
Las Vegas,Nevada
Nathan Stewart
16-year-old
April 3, 2005
Victoria,Australia
Gregory Love
23-month-old
April 20, 2005
Jacksonville
Florida
Kimberley Baker
11-month-old
April 26,2005
Swindon,UK
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May - June -July - August
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May
Natalia Rita McCarthy
6-week-old
May 4, 2005
Wake County,North Carolina
Aaron Gilbert
13-month-old
May 6,2005
Swansea
South Wales,UK
Johnny Sewerynowicz
16-year-old
May 15, 2005
San Diego,California
Carlyle Mullins
5-year-old
May 27,2005
Nashville,Tennessee
June
Adrian Dante Boyd
2-year-old
June 2005
Arizona
Phoenix Sinclair
5-year-old
June 2005
Winnipeg,Canada
Baby Boy
7-week-old
June 1, 2005
Alice Springs,Australia
Braxton Wooden Jr.
8-year-old
June 2, 2005
Alba,Missouri
Karly Sheehan
3-year-old
June 3, 2005
Corvallis,Oregon
Asia Jones
2-year-old
June 9, 2005
Milwaukee, Wisconsin
Keenan Taylor
2-year-old
June 9, 2005
Tulsa,OK
Adrianna Romero Cram
4-year-old
June 13, 2005
Veracruz, Mexico
Rashmeet Oshan
3-year-old
June 21,2005
Brampton,Canada
Chaquise Gregory
6-year-old
June 23, 2005
Aiken,South Carolina
DeShawn Hutchinson
15-year-old
June 24, 2005
Jacksonville, Florida
Cesar Razo
2-year-old
June 25,2005
Escondido,California
Zachary Giacobbe
1-month-old
June 27, 2005
Gloucester,New Jersey
Denbora Oum
14-year-old
June 28, 2005
Porirua,New Zealand
Matal Zachary Sanchez
4-year-old
June 29, 2005
Milwaukie, Oregon
July
Braylon Bishop Gonzales
18-month-old
July 1, 2005
Port Huron, MI
Evelyn Miller
5-year-old
July 1,2005
Des Moines,Iowa
Zoey Espinoza
2-year-old
July 2, 2005
Denver,Colorado
Susie Marie Peña Lopez
19-month-old
July 10,2005
Los Angeles,California
Anthony Michael Johnson
4-year-old
July 11,2005
Marshall,Texas
Davion Mutts
4-year-old
July 13, 2005
Hampton,Virginia
Jaheim Cooper
3-year-old
July 14, 2005
Edgecombe County
North Carolina
Talia Williams
5-year-old
July 16,2005
Oahu, Hawaii
Alana Duff
28-month-old
July 20, 2005
Ocean,New Jersey
Elijah Hanson
2-year-old
July 21, 2005
Ocean,New Jersey
Kelly Ann Tozer
18-month-old
July 30, 2005
Atlantic, New Jersey
August
Tracia Owen
14-year-old
August 2005
Little Grand Rapids,Canada
Jasiah Woods
1-year-old
August 1, 2005
Hudson,New Jersey
Sefora Kycwak
3-year-old
August 5, 2005
Tralee, Co. Kerry
Ireland
Sierra Odom
3-year-old
August 11,2005
Arlington,Texas
Jeremy Celentano
14-month-old
August 14,2005
Passaic,New Jersey
Isaac Jonathan Dykstra
20-month-old
August 14, 2005
Iowa City,Iowa
Corey Richardson
3-year-old
August 17, 2005
Omaha,Nebraska
Emily Mays
16-month-old
August 24, 2005
Tucson,Arizona
Baby Girl Harvey
newborn
August 27, 2005
Middlesex,New Jersey
Michael "Mikey"
Vallejo-Seiber
3-year-old
August 29,2005
Inland,California
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Sep - Oct - Nov - Dec
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September
Katrina Kiyoshk
17-year-old
September 2005
Walpole,Canada
Amira Brown
12-year-old
September 4,2005
Reading, Pennsylvania
Logan Shane Goodall
2-year-old
September 6,2005
Putnam County,West Virginia
Destiny Joann Ross
7-week-old
September 7,2005
Wooster,Ohio
Haley Gray
4-year-old
September 14,2005
Scottsdale,Arizona
Aaliyah Morrissey
2-year-old
September 15, 2005
Tauranga,New Zealand
Jade L. Leonard
14-month-old
September 29, 2005
Girardville, PA
October
Gavin Jordan
18-month-old
October 5, 2005
Springfield,Illinois
Conrad Morales
13-year-old
October 8, 2005
Randle, Washington
Kelsey Smith-Briggs
2-year-old
October 11,2005
Meeker,Oklahoma
Sarah Angelina Chavez
2-year-old
October 11, 2005
Alhambra,California
Jeremy Celentano 14-month-old October 18, 2005 Paterson,New Jersey
Brandon Titchenor
2-year-old
October 19,2005
Arapahoe County,Colorado
Molly Cunliffe
16-month-old
October 20, 2005
Gloucester,UK
Zaire Knott
5-week-old
October 20,2005
Newark,New Jersey
Emma Alvey
20-month-old
October 24,2005
Spring Hill,Tennessee
Sierra Helena Roberts
7-year-old
October 25,2005
Queens,New York
Natalie Coday
5-month-old
October 29,2005
Akron,Ohio
November
Mikeal III Wah-hab
3-month old
November 2005
Los Angeles,California
Marvonne Williams
8-year-old
November 1,2005
Cleveland,Ohio
Dahquay Gillians
16-month-old
November 6, 2005
Brooklyn, New York
Elizabeth Hicks
2-month-old
November 16,2005
Dubberly,Louisiana
Dwight Hill
4-month-old
November 16,2005
Tucson,Arizona
Keith Carl "K.C." Balbuena
3-year-old
November 18,2005
Sacramento,California
Jessica Randall
7-week-old
November 21, 2005
Kettering,UK
Foster Baby - Boy
13-month-old
November 26, 2005
Edmonton,Canada
Jaime Ceballos
2-year-old
November 27,2005
Salinas, California
December
Jennifer Salyer
14-year-old
December 2005
Francesville, Indiana
Derrick Lowe
2-year-old
December 3,2005
Dover,Delaware
Jailand Adams
3-month-old
December 5,2005
Bogalusa,Louisiana
Jocelyn Collazo
18-months-old
December 6, 2005
New York,NY
Richard Laboy
6-year-old
December 6, 2005
New York,NY
Christian Gaston
5-year-old
December 6,2005
New York,NY
Bradley M. Hanley
6-year-old
December 7, 2005
Deer Park, Washington
Desville (Jomo) Charles
4-year-old
December 10, 2005
Brooklyn,New York
Rubi Ochoa-Dervantes
2-month-old
December 10,2005
Derek Alexander Doran
2-year-old
December 13,2005
Elphinstone,Scotland
Ildefonso Vincent Gonzalez
1-year-old
December 13,2005
Los Angeles,CA
Matthew Reid
3-year-old
December 15,2005
Welland, Ontario
Brandon McClure
14-year-old
December 17, 2005
San Diego, California
Kraig Jenkins
4-year-old
December 22, 2005
Jamaica Beach,Texas
Ricky Morales
11-year-old
December 26, 2005
Corona,California
Joziah Bunch
1-year-old
December 29,2005
Brooklyn,NY
Chase Lee Chamberlain
2-year-old
December 29,2005
Grand Prairie, TX
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Protect the children, not CPS
Some legislators try to shield agency from public
A handful of legislators are lining up to protect Child Protective Services from the prying eyes of the public when kids die on the agency's watch.
This is not exactly a shock. Certain legislators have long fought any attempt to hold CPS accountable, and for good reason. They work for agencies that score millions of dollars in CPS contracts.
I am surprised, however, that this year's chief muscle for CPS secrecy would come from Tucson. Tucson: home of the three tragedies that led two state legislators to craft proposals aimed at better protecting the most vulnerable among us. Or not, if Rep. Linda Lopez has her way.
On Thursday, the Tucson Democrat sprung an amendment aimed at gutting the most important CPS reform bill to come before the Legislature this year. House Bill 2454 - worked on for months by legislators, prosecutors, newspaper attorneys and child and victims' advocates - would open up records when a child is beaten to death or nearly so while CPS was supposed to be watching.
The case for openness is obvious. Evidence in case after case that has reached public view demonstrates that CPS is still an agency that keeps its secrets and excuses its mistakes. From failing to do anything about a caseworker who was dating a man she should have been investigating to clearing itself in the horrifying deaths of three Tucson tots, CPS has demonstrated that more public accountability is vital if the agency is to fix its problems and properly do its job.
Which brings us to HB 2454. The bill mandates that CPS promptly open records in child-death cases. There are protections in the bill that would allow a judge to withhold records if their release would harm an investigation.
There just aren't, apparently, enough protections to shield CPS from the public's line of sight. Enter Lopez, who not only wants to protect CPS, she wants to knit an even bigger shroud to throw over the joint.
Lopez has proposed an amendment to limit what the public could see - giving you and me even less information than we can now get. She seems to think the only information we need to know is who died, who did it, whether there were prior reports of abuse and any actions taken by CPS in response to having a dead kid on its hands.
Under Lopez's proposal, we'd never have known that CPS didn't notify police that 5-year-old Brandon Williams was missing, despite the fact that caseworkers thought the autistic child might be in danger and were searching for him. A Pima County sheriff's deputy encountered the boy shortly before he was beaten to death but had no idea CPS was looking for him. The boy's mother now awaits trial for murder.
Under Lopez's proposal, we'd never have known that CPS told Tucson police to leave Ariana and Tyler Payne with their father, despite a judge's order that denied him access due to a violent past. Now, the children are dead and the father awaits trial for murder. Five-year-old Tyler's body was never found. Ariana's was. The 4-year-old had been beaten repeatedly over time. Her spine had been snapped in half.
The bill's sponsor, Rep. Jonathan Paton, was caught by surprise by Lopez's amendment, sprung on him hours before the bill was to be voted on by the House. He postponed the vote and plans to meet Monday with Lopez, the Governor's Office and various interests that have been involved in drafting the bill.
"I'm definitely going to fight it," Paton told me, referring to Lopez's amendment. "If this were to pass, there would be no information on the Williams case or the Payne case and all the reforms that we came up with - (filing) missing persons (reports), checking court records - all would be impossible because we wouldn't have known about it. That's the rationale of the bill. To save children in the future."
Lopez says the bill would violate a federal law requiring confidentiality, jeopardizing $118 million in funding. Yet those involved in drafting the bill say neither the Governor's Office nor the Attorney General's Office has mentioned such a concern in numerous meetings or in testimony before the House Government Committee, which, by the way, unanimously approved the bill. And neither has the Children's Action Alliance, fierce child advocates who support the bill.
Lopez says she is concerned the bill would also violate the privacy of innocent parties and confidential sources. Yet the bill says the names of those already protected by law would continue to be protected.
Lopez says she's just standing up for children. Indeed, she has a long record of involvement with CPS, having served as a foster parent for 10 years. She's also long worked for La Frontera Center in Tucson, which gets hundreds of thousands of dollars, if not more, in CPS contracts.
A La Frontera spokeswoman on Friday declined to disclose how much tax money the agency receives to provide programs for CPS. A CPS spokesman could only say Lopez's employer gets some portion of a nearly $3.7 million contract.
Lopez, meanwhile, objected to my characterization that she's dismantling the single most important bill to improving CPS - the one that allows the public to see whether the agency is doing its job.
"I don't believe I'm gutting the bill . . . ," she said. "And there are other members besides myself who have been working with the CPS system for many, many years who are concerned about what the bill does."
No doubt there are.
The question is: How many of them work for agencies funded by CPS?
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We urge legislators to take a closer look at funding child protection issues and authorities to use wisdom in investigating abuse cases.
Is there someone to speak for children so that their unfinished lives do not slip silently away ?
If hundreds and hundreds of predictably and preventably dead children is not enough to inspire action, what is ? If you choose not to act, who will ? If not now, when ?
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