Woman gets $219,000 in child case

Woman gets $219,000 in child case
Before a federal jury, Luzerne County had argued the local woman had not done required paperwork.
By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter

SCRANTON – A federal jury on Wednesday awarded $219,000 to a woman who claimed Luzerne County Children and Youth Services improperly denied her foster care payments for caring for her sister’s children.


The panel rendered the verdict in favor of Odetta Todd after a three-day trial before U.S. District Judge A. Richard Caputo.

Todd, of Wilkes-Barre, filed suit in 2004, alleging her right to due process was violated when the agency denied her financial assistance – known as kinship care – for taking care of her sister Tamu’s four children. Todd began caring for three of the children in 1998 and took custody of a fourth child in 2001.

During testimony Monday, Todd said she was struggling to provide for the children, who were taken away from their biological mother based on the mother’s drug use, and she sought help from Children and Youth. Instead, the agency thwarted her efforts to obtain the assistance.

Officials with Children and Youth maintained they acted properly because Todd failed to fill out required forms that would allow the agency to obtain information on convictions she had for welfare fraud and simple assault.

Todd acknowledged she did not fill out the forms, but said her decision was based on the fact she had previously signed releases for a state police criminal background check and child abuse registry.

Todd’s attorney, James Hayward of Wilkes-Barre, said evidence at trial showed Todd had, in fact, filled out the background checks. But a Children and Youth caseworker insisted she sign another, non-standard form that would give the worker permission to obtain “any and all” information about Todd from the county probation department.

“She refused to sign it because they were vaguely worded and overly broad,” Hayward said. “They contended because she did not sign these forms she abandoned her application. They never told her her rights or that she had a right to appeal.”

Hayward said the eight-member jury deliberated for about four hours before reaching its decision. He did not seek specific damages and said he has “no idea” how the jurors came up with the $219,000 award.

Hayward said Todd is pleased with the monetary award, but that was only part of her purpose in filing the suit.

“The amount isn’t so much the issue as it is that Odetta get vindication,” he said. “They can’t run roughshod over people. They have to follow the law.”

Attorney Paula Radick, who represented Children and Youth at trial, could not be reached for comment Wednesday evening. Attorney Jack Dean, who handled pre-trial matters in the case, said his firm will be filing post-trial motions seeking to have the verdict overturned and the case dismissed.

“Based on our initial review of the verdict, we feel we have a significant legal issue that is going to result in the case being thrown out,” Dean said.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.

http://www.timesleader.com/news/Woman_gets__219_000_in_child_case_07-21-2010.html