Adoptive Families Claim State Betrayed Them

Adoptive Families Claim State Betrayed Them
Dec. 10, 2000

Several Utah families who opened their homes to the most troubled children in the foster care system, now say they are victims of betrayal by the State of Utah.

They claim social workers deliberately misled them about the true condition of the children, and now, the state won't pay money it said it would pay to help treat those kids.

News Specialist Jill Atwood has been investigating their claims, and has this special report.

These families actually adopted these special needs kids with the understanding that the Department of Child and Family Services (DCFS) would always be there,. But now a lawyer representing five of these families in a lawsuit against the state says this is a blatant case of broken promises.

Their stories of past abuse are horrifying. Neglected, beaten, betrayed by their biological parents.

"MIKE HAD BEEN KIND OF IN THE GETAWAY CAR IN A NUMBER OF HOLDUPS, A NUMBER OF MUGGINGS. SO IT WAS VERY-- HE WAS TRAINED THAT WAY."

"HE PHYSICALLY ATTACKS ME. MOST OF HIS AGGRESSION IS DIRECTED TOWARDS ME, MAINLY BECAUSE OF ABUSE ISSUES. AND HE HAS NO TRUST. HE STILL DOESN'T TRUST US AFTER THREE YEARS."

Mike, Jordan and Jacob were lucky and adopted into loving homes. Their new families welcomed them as one of their own and assumed the healing would begin.

Elden & Rosalyn Twitchel/Adoptive Parents: "WE WENT SEVERAL YEARS BEFORE WE REALIZED INFORMATION WAS WITHHELD FROM US, THAT CAME OUT IN COUNSELING. THERE WERE OBVIOUSLY MORE PROBLEMS THAN WE WERE ABLE TO SEE."

"OUR SOCIAL WORKER CALLED, 'ARE YOU SURE THERE IS NO ABUSE? ARE YOU SURE THERE IS NO SEXUAL ABUSE?' THEY'RE VERY CLEAR THEY DON'T WANT IT. 'NO THERE IS NONE OF THAT.'"

Jill Atwood, Eyewitness News: "BOTH FAMILIES CLAIM THE DIVISION OF CHILD AND FAMILY SERVICES DELIBERATELY MISLEAD THEM ABOUT THE BACKGROUND OF THE CHILDREN IN ORDER TO GET THEM SUCCESSFULLY ADOPTED AND OUT OF FOSTER CARE. AS THE CHILDREN GREW OLDER, THEIR PROBLEMS BECAME MORE EVIDENT."

Professional opinion suggests Jacob was sexually abused as a child, and this documentation provided by Valley Mental Health proves DCFS knew it. But the Hutchings didn't know it, not until after the adoption was final.

Kristi & Galen Hutchings/Adoptive Parents: "WHAT WE HAD WAS HIM STARTING TO PERPETRATE, ON OTHER KIDS. SO WE DIDN'T HAVE THE HISTORY BECAUSE THEY HAD TOLD US IT HADN'T HAPPENED UP TO THIS POINT. THEY WERE STILL DENYING IT."

Afraid for their families' well-being, both couples put their children through extensive, and yes expensive, special therapy. Therapy DCFS promised it would always pay for.

But now, an apparent second betrayal. DCFS says there is no more money.

"BECAUSE OF THE SUCCESS AND THE NUMBER OF ADOPTIONS WE'RE DOING, WE ARE RUNNING LOW ON FUNDS."

The director of DCFS says because of that, there is now some disagreement with these families as to how much specialized mental health care their kids need.

Ken Patterson/Dir. Div. of Child & Family Services: "WHAT TYPE OF HEROIC EFFORTS DO THEY EXPECT THE STATE TO DO VERSUS REASONABLE EFFORTS?"

He says the families haven't been cut off, they simply have to change therapists and go through the state's Medicaid provider.

But a lawyer representing several families in a lawsuit against the state says the kids are way past that stage.

Lori Fowlke/Attorney Representing Families: "THE CHILDREN HAVE ALREADY GONE THROUGH THOSE FACILITIES, AND THEY ALREADY HAVE DOCUMENTATION FROM THE DOCTORS IN THOSE FACILITIES SAYING 'WE CANNOT HELP THESE CHILDREN. WE DO NOT HAVE THE SERVICES OR EXPERTISE NEEDED TO HELP THESE CHILDREN.'"

Patterson: "HERE WE HAVE FOUR FAMILIES WHO FELT LIKE THE DIVISION'S SUPPORT HAS NOT BEEN ENOUGH, AND YET OUR SUPPORT OF THESE FAMILIES HAVE TOTALED INTO THE HUNDREDS OF THOUSANDS."

"I THINK WE'RE FEELING CAUGHT BETWEEN OUR SON AND THE STATE. BUT AT THE SAME TIME, WE CAN'T GIVE UP ON HIM. HE ALREADY HAD TWO PARENTS DO THAT."

The Hutchings say they will continue Jacob's therapy. They're just not sure how they'll pay for it.

"WITHOUT IT THERE'S NO HOPE FOR HIM. YOU WOULD LOSE A CHILD FOREVER. TERE'S NO GOING BACK ONCE YOU'VE LOST A CHILD."

The families involved in this lawsuit hope legislators will wake up and realize children in the system are being hurt by a lack of funding.

The families also say Governor Leavitt has talked a lot about a budget surplus, so they're curious as to where that money is.

http://web.ksl.com/dump/news/cc/dcfs.htm