Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Saturday, July 24, 2010
Fewer Pa. children in foster care earns praise-Finding relative to take child is key element in drive
Fewer Pa. children in foster care earns praise
Finding relative to take child is key element in drive
Saturday, July 24, 2010
By Katie Falloon, Pittsburgh Post-Gazette
Thanks to a host of new strategies -- the latest a reference guide for family court judges and child practitioners -- the state is improving the way cases involving neglected and abused children are handled both in the courtroom and outside it.
According to Department of Welfare statistics, the number of Pennsylvania children in foster care fell from 21,395 in September 2006 to 15,920 in March 2010. As a result of 5,475 fewer children in foster care, the child welfare system has saved Pennsylvania $220 million.
The number of children in foster care in Allegheny County decreased by 1,005, from 2,918 to 1,913, during that four-year period.
"As a physician, I'm 100 percent for the trend," said Janet Squires, chief at Children's Hospital of Pittsburgh Child Advocacy Center. But she does have a caveat: "There's a reason that sometimes children have to be moved." The system still isn't perfect, she said, even if the new strategies have earned Allegheny County bragging rights.
"Pennsylvania is on the cusp, if not already being recognized as one of the absolute national leaders [in child welfare]," said state Supreme Court Justice Max Baer, adding that 10 years ago the state child welfare system was probably one of the most dysfunctional.
Behind the reduction is the combination of six different practices including Family Finding, which helps professionals find relatives who could potentially care for an abused and neglected child, said Sandy Moore, administrator at the Office of Children and Families in Courts. The brainchild of Justice Baer, the office was created by court in 2006 to minimize the amount of time children spend in foster care, reunite families and accelerate adoptions.
Benjamin Zuckerman, a managing attorney at Juvenile Court Project, attended an all day Family Finding training session. He said the "impressive" program succeeds in finding relatives for potential placement that might not otherwise be found.
But the program isn't just about placement -- it also can improve the lives of children by providing a relative to visit them on a holiday or buy them a birthday present, Mr. Zuckerman said.
Some of the other practices are more frequent judicial reviews -- state law requires one every six months, but in prioritized counties one is done every three, or more if necessary -- and Family Group Decision-Making, which involves family members in deciding the fate of an abused or neglected child.
"Do I think we're achieving reunification at a higher rate? I think when you have a parent who's a part of formulating the plan for reunification, they're going to be more invested in it. You also have family members who are invested in it. It does help," said Allegheny County Common Pleas Judge Kathleen Mulligan, who is assigned to the family division.
In much of child welfare, children are placed directly in shelters or in the homes of strangers, Justice Baer said. Foster care, created to be a form of emergency care, ended up becoming a long-term solution, with children moving from home to home and waiting, often unrealistically, for their biological parents to become capable of caring for them, Justice Baer said.
"If those kids did not have mental health and emotional issues when we took them from mom's home," said Justice Baer, "certainly they did by time we were done with them."
Placing children with family members is not the perfect solution, but it is one of the best out there, he said, adding that experts agree.
"Most often those available placements, if they're appropriate, are the best chance the child has to maintain as much normality in their lives as possible and to minimize the natural stress that's going to come with being removed," Mr. Zuckerman said.
A possible drawback can be a lack of responsibility on the part of the parents -- such a move doesn't always force them to acknowledge the problem and make the necessary changes, said Dr. Squires. And placement with family members still requires oversight to look out for the best interests of the child, something that isn't always provided, especially in tough economic times, Dr. Squires added.
The practices are being phased in across the state's 67 counties, Ms. Moore said. The first phase, which included Allegheny County, was completed in 2009 and the third phase is under way. A total of 31 counties are now involved, and together cover about 76 percent of children in out-of-home care, Ms. Moore said.
The newest addition to the child welfare improvement strategy, the 263-page Pennsylvania Dependency Benchbook, will provide help to the new and inexperienced judges often presiding over the family court system, as well as the more seasoned judges who want a refresher on a rule or statute, Justice Baer said.
In six months, a science component to the benchbook will be issued. It will cover topics such as child development, mental health issues and drugs and alcohol, Ms. Moore said.
Allegheny County Common Pleas Judge Kelly Bigley, who has been serving in family court for about 21/2 years, said she believes the book will be a big help. But she added that new judges who dominate the family court bring something more than inexperience to the bench -- an openness and a willingness to try new programs.
"I think it has actually worked to the advantage to the court," Judge Bigley said. "I didn't come in with 'this is how it works, this is how it's always been done.' I'm not stuck in the old patterns and the old ways."
While Justice Baer said the number of children in foster care will never reach zero, he is hopeful that the decrease will continue.
"The better we do the slower [improvements will occur], but I think we'll still be getting better 20 years from now," he said.
Katie Falloon: kfalloon@post-gazette.com or 412-263-1723.
Read more: http://www.post-gazette.com/pg/10205/1075007-454.stm#ixzz0ud2a7O2X
http://www.post-gazette.com/pg/10205/1075007-454.stm
Finding relative to take child is key element in drive
Saturday, July 24, 2010
By Katie Falloon, Pittsburgh Post-Gazette
Thanks to a host of new strategies -- the latest a reference guide for family court judges and child practitioners -- the state is improving the way cases involving neglected and abused children are handled both in the courtroom and outside it.
According to Department of Welfare statistics, the number of Pennsylvania children in foster care fell from 21,395 in September 2006 to 15,920 in March 2010. As a result of 5,475 fewer children in foster care, the child welfare system has saved Pennsylvania $220 million.
The number of children in foster care in Allegheny County decreased by 1,005, from 2,918 to 1,913, during that four-year period.
"As a physician, I'm 100 percent for the trend," said Janet Squires, chief at Children's Hospital of Pittsburgh Child Advocacy Center. But she does have a caveat: "There's a reason that sometimes children have to be moved." The system still isn't perfect, she said, even if the new strategies have earned Allegheny County bragging rights.
"Pennsylvania is on the cusp, if not already being recognized as one of the absolute national leaders [in child welfare]," said state Supreme Court Justice Max Baer, adding that 10 years ago the state child welfare system was probably one of the most dysfunctional.
Behind the reduction is the combination of six different practices including Family Finding, which helps professionals find relatives who could potentially care for an abused and neglected child, said Sandy Moore, administrator at the Office of Children and Families in Courts. The brainchild of Justice Baer, the office was created by court in 2006 to minimize the amount of time children spend in foster care, reunite families and accelerate adoptions.
Benjamin Zuckerman, a managing attorney at Juvenile Court Project, attended an all day Family Finding training session. He said the "impressive" program succeeds in finding relatives for potential placement that might not otherwise be found.
But the program isn't just about placement -- it also can improve the lives of children by providing a relative to visit them on a holiday or buy them a birthday present, Mr. Zuckerman said.
Some of the other practices are more frequent judicial reviews -- state law requires one every six months, but in prioritized counties one is done every three, or more if necessary -- and Family Group Decision-Making, which involves family members in deciding the fate of an abused or neglected child.
"Do I think we're achieving reunification at a higher rate? I think when you have a parent who's a part of formulating the plan for reunification, they're going to be more invested in it. You also have family members who are invested in it. It does help," said Allegheny County Common Pleas Judge Kathleen Mulligan, who is assigned to the family division.
In much of child welfare, children are placed directly in shelters or in the homes of strangers, Justice Baer said. Foster care, created to be a form of emergency care, ended up becoming a long-term solution, with children moving from home to home and waiting, often unrealistically, for their biological parents to become capable of caring for them, Justice Baer said.
"If those kids did not have mental health and emotional issues when we took them from mom's home," said Justice Baer, "certainly they did by time we were done with them."
Placing children with family members is not the perfect solution, but it is one of the best out there, he said, adding that experts agree.
"Most often those available placements, if they're appropriate, are the best chance the child has to maintain as much normality in their lives as possible and to minimize the natural stress that's going to come with being removed," Mr. Zuckerman said.
A possible drawback can be a lack of responsibility on the part of the parents -- such a move doesn't always force them to acknowledge the problem and make the necessary changes, said Dr. Squires. And placement with family members still requires oversight to look out for the best interests of the child, something that isn't always provided, especially in tough economic times, Dr. Squires added.
The practices are being phased in across the state's 67 counties, Ms. Moore said. The first phase, which included Allegheny County, was completed in 2009 and the third phase is under way. A total of 31 counties are now involved, and together cover about 76 percent of children in out-of-home care, Ms. Moore said.
The newest addition to the child welfare improvement strategy, the 263-page Pennsylvania Dependency Benchbook, will provide help to the new and inexperienced judges often presiding over the family court system, as well as the more seasoned judges who want a refresher on a rule or statute, Justice Baer said.
In six months, a science component to the benchbook will be issued. It will cover topics such as child development, mental health issues and drugs and alcohol, Ms. Moore said.
Allegheny County Common Pleas Judge Kelly Bigley, who has been serving in family court for about 21/2 years, said she believes the book will be a big help. But she added that new judges who dominate the family court bring something more than inexperience to the bench -- an openness and a willingness to try new programs.
"I think it has actually worked to the advantage to the court," Judge Bigley said. "I didn't come in with 'this is how it works, this is how it's always been done.' I'm not stuck in the old patterns and the old ways."
While Justice Baer said the number of children in foster care will never reach zero, he is hopeful that the decrease will continue.
"The better we do the slower [improvements will occur], but I think we'll still be getting better 20 years from now," he said.
Katie Falloon: kfalloon@post-gazette.com or 412-263-1723.
Read more: http://www.post-gazette.com/pg/10205/1075007-454.stm#ixzz0ud2a7O2X
http://www.post-gazette.com/pg/10205/1075007-454.stm
Social worker arrested, accused of violent assault
Social worker arrested, accused of violent assault
by Courtney Coble, Staff Writer
21 hrs ago
Matthew Carlile, a Social Service Specialist at the Oklahoma Department of Human Services in Sallisaw was arrested Saturday after he allegedly beat, shot at, and held his former girlfriend captive for hours.
Authorities said that Carlile, 35, called his former girlfriend, Carmen Parra, 39, of Sallisaw and asked her to come to his house. When she knocked on the door, Carlile answered it with a shotgun in his hand.
According to the report, when Parra was lying on the bed, Carlile threatened to kill her and started shooting the shotgun into the mattress around her. She told authorities Carlile kept hitting her with the barrel of the gun. She said Carlile stuck the barrel of the shotgun in her mouth, pulled it out then struck her in the lip with it.
Parra told authorities that she was trying to avoid being hit in the face by the barrel so she covered her face with her arms. On Monday Parra was bruised from her face to her feet. Photos show multiple round barrel marks behind her ears, on her face, on her back, her buttocks, and her upper and lower legs, and on the bottoms of her feet. Parra’s right arm, from her hand to her shoulder, has dark purple bruises and her hand was swollen. Dark purple circles cover her legs in various spots, her back and behind her neck.
Eric Helms, Sequoyah County Sheriff’s investigator, said Parra had shoes on her feet at the time of the alleged attack. He said that she was hit with the barrel of the shotgun with such force on her shoes that the bottoms of her feet has round bruising on them.
Parra was able to run out of the house and get into her vehicle and leave. Sallisaw Police Officer Mark Rutherford and Sequoyah County Deputy Raymond Martin met with Parra at 1:45 a.m. Saturday shortly after Parra was allegedly assaulted.
Parra gave Rutherford the shotgun that was allegedly used during the alleged attack. Martin asked Parra how she ended up with the shotgun and she said, “He gave it to me and told me that I would have to shoot him or he would kill me.” She said when she took the shotgun she ran out of the house, to her vehicle and drove off.
Parra told authorities that Carlile kept threatening to kill her, then he would shoot the shotgun around her into the bed where she was lying. Martin reported during the initial report that Parra’s shirt was torn, she had bruises on her right forearm and blood on her right hand. He said she was heavily bleeding from the mouth. Parra was taken to Sequoyah Memorial Hospital in Sallisaw and treated and released.
Martin, along with other officers, drove to Carlile’s residence on Wild Horse Mountain Road just south of Sallisaw and knocked on the door. Martin reported no one answered. Deputies stayed near Carlile’s home while Helms drove to the sheriff’s department to type a search warrant in order to gain entry to the residence. While typing the search warrant, Sheriff Ron Lockhart called Helms to inform him that Carlile was in custody, and he gave the deputies verbal consent to search his home.
When deputies went inside the home they went to the room where Parra said the assault occurred.
“There was no bed in the bedroom. I did locate two spent shotgun shells lying in the floor and a pile of spewed dust, hair, small papers and small lead pellets,” Helms reported.
Deputies found blankets with bloodstains and holes consistent to what Parra had told them. Helms said while he was collecting the evidence he noticed a splattered stain on the wall.
“This blood stain was cut from the wall and secured as evidence because Martin said Parra was bleeding badly from her lip,” Helms said.
A bed was not found inside the home; however deputies drove into a pasture behind Carlile’s home and found a bloodstained mattress with several holes. They were also able to locate a box spring that had holes consistent to the mattress. Helms said Carlile was taken to Sequoyah County Jail and booked in on various assault charges.
On Monday Carlile stood before District Judge Jeff Payton, and Ryan Wyrick, assistant district attorney, who asked Payton to set no bond. Payton granted the state’s request and Carlile was taken back to jail. On Tuesday, Carlile retained Donn Baker, attorney from Tahlequah, and both Carlile and Baker went before Payton on Wednesday.
“Based on the seriousness of the offense and the need to protect the public I asked for $150,000 bond. Over the state’s objection, Payton lowered the bond amount requested,” Wyrick said.
“Payton set Carlile’s bond at $50,000 in order to get Carlile to the treatment facility,” John David Luton, first assistant district attorney said.
Payton said the purpose of setting the bond at a lower amount then what the state requested is to get Carlile into a rehabilitation program. Carlile will not be released to the public.
“Baker requested a lower bond be set on the condition Carlile goes to Hope Valley Rehabilitation, which is an alcohol, drug and related treatment program.
“As soon as he is out of the rehabilitation facility his bond will be revoked and he will be back in jail. This is an inpatient facility. We are going to verify that he is there and doing what he is suppose to be doing,” Luton said.
“We are not taking these allegations lightly. We take all domestic violence cases seriously. The situation is still being investigated and I’m expecting multiple charges,” Luton said.
Joy Walker, Sequoyah County DHS director, said an extensive background check is done on all new hires. Mary Leaver, spokesperson for the Oklahoma Department of Human Services said Carlile has been employed with the department since 2005.
“He is currently an active employee. The departments police however, is if any employee is convicted of a felony, it is an automatic discharge,” Leaver said.
Read more: Sequoyah County Times - Social worker arrested accused of violent assault
http://www.sequoyahcountytimes.com/view/full_story/8865771/article-Social-worker-arrested--accused-of-violent-assault?instance=home_news_bullets
by Courtney Coble, Staff Writer
21 hrs ago
Matthew Carlile, a Social Service Specialist at the Oklahoma Department of Human Services in Sallisaw was arrested Saturday after he allegedly beat, shot at, and held his former girlfriend captive for hours.
Authorities said that Carlile, 35, called his former girlfriend, Carmen Parra, 39, of Sallisaw and asked her to come to his house. When she knocked on the door, Carlile answered it with a shotgun in his hand.
According to the report, when Parra was lying on the bed, Carlile threatened to kill her and started shooting the shotgun into the mattress around her. She told authorities Carlile kept hitting her with the barrel of the gun. She said Carlile stuck the barrel of the shotgun in her mouth, pulled it out then struck her in the lip with it.
Parra told authorities that she was trying to avoid being hit in the face by the barrel so she covered her face with her arms. On Monday Parra was bruised from her face to her feet. Photos show multiple round barrel marks behind her ears, on her face, on her back, her buttocks, and her upper and lower legs, and on the bottoms of her feet. Parra’s right arm, from her hand to her shoulder, has dark purple bruises and her hand was swollen. Dark purple circles cover her legs in various spots, her back and behind her neck.
Eric Helms, Sequoyah County Sheriff’s investigator, said Parra had shoes on her feet at the time of the alleged attack. He said that she was hit with the barrel of the shotgun with such force on her shoes that the bottoms of her feet has round bruising on them.
Parra was able to run out of the house and get into her vehicle and leave. Sallisaw Police Officer Mark Rutherford and Sequoyah County Deputy Raymond Martin met with Parra at 1:45 a.m. Saturday shortly after Parra was allegedly assaulted.
Parra gave Rutherford the shotgun that was allegedly used during the alleged attack. Martin asked Parra how she ended up with the shotgun and she said, “He gave it to me and told me that I would have to shoot him or he would kill me.” She said when she took the shotgun she ran out of the house, to her vehicle and drove off.
Parra told authorities that Carlile kept threatening to kill her, then he would shoot the shotgun around her into the bed where she was lying. Martin reported during the initial report that Parra’s shirt was torn, she had bruises on her right forearm and blood on her right hand. He said she was heavily bleeding from the mouth. Parra was taken to Sequoyah Memorial Hospital in Sallisaw and treated and released.
Martin, along with other officers, drove to Carlile’s residence on Wild Horse Mountain Road just south of Sallisaw and knocked on the door. Martin reported no one answered. Deputies stayed near Carlile’s home while Helms drove to the sheriff’s department to type a search warrant in order to gain entry to the residence. While typing the search warrant, Sheriff Ron Lockhart called Helms to inform him that Carlile was in custody, and he gave the deputies verbal consent to search his home.
When deputies went inside the home they went to the room where Parra said the assault occurred.
“There was no bed in the bedroom. I did locate two spent shotgun shells lying in the floor and a pile of spewed dust, hair, small papers and small lead pellets,” Helms reported.
Deputies found blankets with bloodstains and holes consistent to what Parra had told them. Helms said while he was collecting the evidence he noticed a splattered stain on the wall.
“This blood stain was cut from the wall and secured as evidence because Martin said Parra was bleeding badly from her lip,” Helms said.
A bed was not found inside the home; however deputies drove into a pasture behind Carlile’s home and found a bloodstained mattress with several holes. They were also able to locate a box spring that had holes consistent to the mattress. Helms said Carlile was taken to Sequoyah County Jail and booked in on various assault charges.
On Monday Carlile stood before District Judge Jeff Payton, and Ryan Wyrick, assistant district attorney, who asked Payton to set no bond. Payton granted the state’s request and Carlile was taken back to jail. On Tuesday, Carlile retained Donn Baker, attorney from Tahlequah, and both Carlile and Baker went before Payton on Wednesday.
“Based on the seriousness of the offense and the need to protect the public I asked for $150,000 bond. Over the state’s objection, Payton lowered the bond amount requested,” Wyrick said.
“Payton set Carlile’s bond at $50,000 in order to get Carlile to the treatment facility,” John David Luton, first assistant district attorney said.
Payton said the purpose of setting the bond at a lower amount then what the state requested is to get Carlile into a rehabilitation program. Carlile will not be released to the public.
“Baker requested a lower bond be set on the condition Carlile goes to Hope Valley Rehabilitation, which is an alcohol, drug and related treatment program.
“As soon as he is out of the rehabilitation facility his bond will be revoked and he will be back in jail. This is an inpatient facility. We are going to verify that he is there and doing what he is suppose to be doing,” Luton said.
“We are not taking these allegations lightly. We take all domestic violence cases seriously. The situation is still being investigated and I’m expecting multiple charges,” Luton said.
Joy Walker, Sequoyah County DHS director, said an extensive background check is done on all new hires. Mary Leaver, spokesperson for the Oklahoma Department of Human Services said Carlile has been employed with the department since 2005.
“He is currently an active employee. The departments police however, is if any employee is convicted of a felony, it is an automatic discharge,” Leaver said.
Read more: Sequoyah County Times - Social worker arrested accused of violent assault
http://www.sequoyahcountytimes.com/view/full_story/8865771/article-Social-worker-arrested--accused-of-violent-assault?instance=home_news_bullets
Denial of Rights to Represent Yourself Properly is a Violation of the 14th Amendment
Denial of Rights to Represent Yourself Properly is a Violation of the 14th Amendment
July 22, 2010 by Maricopa County Court
Filed under Child Custody, Child Support, Family Court, Father's Rights
By Dennis Gac
If you’re going it alone in your divorce case, your child custody case, or your child support order or modification, it is essential that you know and understand your basic rights when it pertains to federal and state laws. When going to court pro se, you have the right to represent yourself properly in the court system. If you are denied this chance, the courts are in violation of the 14th Amendment. By properly addressing the issue and showing the courts that you are aware of your rights as a US citizen, you may in turn cause the case to do a complete 180 and suddenly be in your favor, and not in your ex-wife’s.
If a Judge denies you the opportunity to bring forth and present evidence to help your case, or denies you the chance to present affidavits that are crucial to your case, you can nab them on the fact that they denied “substantive due process rights” and that they are in violation of “due process and equal protection clauses of the Fourteenth Amendment and 42 USC 1983.”
By utilizing the 14th Amendment in your favor, you will show your Judge that you know your rights as a United States citizen and that you are aware of due process law and protection. Including and fighting for your right to appeal by bringing up your 14th Amendment rights, you should not be denied the opportunity to fairly represent yourself, whether it be in regards to presenting evidence, affidavits, or anything else that has the opportunity to turn the case around in any party’s favor.
Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.
Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?Denial-of-Rights-to-Represent-Yourself-Properly-is-a-Violation-of-the-14th-Amendment&id=4622668
http://maricopacountycourt.net/maricopa-county-courts/family-court/arizona-child-support-family-court-going-to-court/denial-of-rights-to-represent-yourself-properly-is-a-violation-of-the-14th-amendment/
July 22, 2010 by Maricopa County Court
Filed under Child Custody, Child Support, Family Court, Father's Rights
By Dennis Gac
If you’re going it alone in your divorce case, your child custody case, or your child support order or modification, it is essential that you know and understand your basic rights when it pertains to federal and state laws. When going to court pro se, you have the right to represent yourself properly in the court system. If you are denied this chance, the courts are in violation of the 14th Amendment. By properly addressing the issue and showing the courts that you are aware of your rights as a US citizen, you may in turn cause the case to do a complete 180 and suddenly be in your favor, and not in your ex-wife’s.
If a Judge denies you the opportunity to bring forth and present evidence to help your case, or denies you the chance to present affidavits that are crucial to your case, you can nab them on the fact that they denied “substantive due process rights” and that they are in violation of “due process and equal protection clauses of the Fourteenth Amendment and 42 USC 1983.”
By utilizing the 14th Amendment in your favor, you will show your Judge that you know your rights as a United States citizen and that you are aware of due process law and protection. Including and fighting for your right to appeal by bringing up your 14th Amendment rights, you should not be denied the opportunity to fairly represent yourself, whether it be in regards to presenting evidence, affidavits, or anything else that has the opportunity to turn the case around in any party’s favor.
Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.
Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?Denial-of-Rights-to-Represent-Yourself-Properly-is-a-Violation-of-the-14th-Amendment&id=4622668
http://maricopacountycourt.net/maricopa-county-courts/family-court/arizona-child-support-family-court-going-to-court/denial-of-rights-to-represent-yourself-properly-is-a-violation-of-the-14th-amendment/
How not to help families, Schoharie style
*NOTE* From Jessica
The reporter had our story partial mixed with someone else's. There were never allegations that my husband caused a bruise on our daughter's face. The allegations were that we got in a physical altercation in front of our daughter which was why the neglect petition was filed
How not to help families, Schoharie style
Thursday, July 22, 2010
By Carl Strock (Contact)
Gazette Reporter
I bring you an update from Schoharie County and its singular Department of Social Services, whose mission seems to be to make life as difficult as possible for the people it gets in its clutches.
Example: the couple I wrote about last year using the pseudonyms Greg and Nicole to protect their privacy.
Greg is a construction worker in his late 20s; Nicole, his wife, is a licensed practical nurse in her early 20s.
I won't review their entire history for you — that would be too depressing. Suffice it that after three years of their being jerked around, during which their children were removed from their home and they were allowed to see them only once a week under supervision, the court order against Greg was about to expire.
This order, among other things, forbade him to drink any alcohol under any circumstances and also gave the Department of Social Services the authority to require alcohol testing of him at any time, besides the usual authority to monitor and supervise his life.
The circumstances that led to this situation were not grave enough to warrant such action as the Department of Social Services took and that Schoharie County Family Court for a long time authorized, in my view.
But what happened on March 18 of this year was that Greg took another urine test as required, and it came back positive for alcohol. On that basis the Department of Social Services asked Family Court to declare him in violation of the court's order and also to extend the order against him for another year, thus keeping him under the department's thumb, subject to all its intrusions.
Very good, you say, except for two things: Greg swore up and down he had not been drinking, and by now, having been able to live together again, the couple had managed to save some money and they were prepared to fight.
They hired their own lawyer, Russell Langwig of Schoharie, and they set about researching the chemical tests that Greg had been administered. And what do you suppose they came up with?
They came up with perhaps the country's leading expert on these particular tests, Dr. Gregory E. Skipper of Alabama, who introduced them to the United States, and he provided a letter saying the tests had been wrongly used in Greg's case, that the results "by themselves do not prove drinking," and "should not be utilized as proof of drinking."
Greg's lawyer submitted this letter to the court along with a motion to dismiss the action against Greg, and of course a copy also went to the Department of Social Services.
Now, wouldn't you suppose there would be some red faces around Family Court and around the Social Services office next door? Wouldn't you suppose some caseworker would apologize and let Greg resume the normal life he has been trying to lead with his wife and children these past couple of years?
Well, if you did you would be mistaken.
The parties were back in court the other day — I was there too, listening — and there were no apologies and there was no backtracking.
Greg's lawyer had earlier demanded that the urine sample be retested, and not even that was possible, since it turned out the lab in Michigan that did the testing threw out the sample two weeks later.
Judge George R. Bartlett III agreed it was a "reasonable request" that the lab retain samples for the two years required by federal regulations, and the county's lawyer agreed to take that up with the lab, but as for the results being unreliable, nothing was said, nothing was decided.
Greg and Nicole are determined to fight. "We're going to take all our savings and pay for this," Greg told me. "I know for a fact I didn't drink. That test is bogus. I'm not going to let them steamroll me."
Good for him, I say.
But here is something to contemplate:
A few years ago, Greg and Nicole did have some trouble, during which he was he was twice accused of domestic violence, though in one instance no criminal charges were filed and in the second instance the charges were dismissed.
He was also accused of causing a bruise on the face of their first child, which he denied.
Since then they have lived together, or attempted to live together, without problems and have had another child together.
During that time, they say, caseworkers from the Department of Social Services have not been their friends and supporters but rather their adversaries, looking for every little reason to break them up and take their children away from them.
Even now, when they finally have their children back and are able to live together in the home that they own in Cobleskill, the Department of Social Services seems bent on harassing them.
The department could take credit, if it chose to, for a success. It could say, well, those people had problems, but after we intervened they got straightened out, so good for us. Or it could just take pleasure in two people making a decent life for themselves with their children.
But no. They look for any little reason to bust on them, even now insisting on the consequences of that discredited alcohol test.
I have a couple of theories to account for this sort of behavior. One is the bread-and-butter theory, which is that people like Greg and Nicole, who have had some minor difficulties and who can be sent jumping through multiple hoops, are simply the bread and butter of the Department of Social Services. It's how the people there make their living. If they gave all such couples a pat on the back and sent them on their way, there would be a diminished need for their services, and some of them would find themselves out of work. Mildly troubled families that can be strung along indefinitely are a source of employment.
My other theory is the bully-boy theory, according to which some people simply like to exercise power over others. There is hardly anyone easier to exercise power over than the poor and uneducated, and there is hardly anyone in a better position to do it than those invested with governmental authority.
Put the two together and you have a perfect picture: Low-class families vs. a county agency that is backed up by Family Court and ultimately by the police, if need be.
Alas, Greg and Nicole do not fit the profile quite well enough. Yes, Greg recently got laid off from his construction job, which he says was because he was missing too much time in order to keep court appointments, but basically they are both working people, and they are able to hire their own lawyer, pay an expert witness (Dr. Skipper) and also pay an independent professional to evaluate Greg for alcohol dependence (negative).
They are not just rolling over, and they are not just flailing in desperation, as many people in similar situations do.
So I'm waiting to see how this one turns out, but I am not hopeful there will be any fundamental change in how the Schoharie County Department of Social Services operates. Not based on what I've seen so far.
The reporter had our story partial mixed with someone else's. There were never allegations that my husband caused a bruise on our daughter's face. The allegations were that we got in a physical altercation in front of our daughter which was why the neglect petition was filed
How not to help families, Schoharie style
Thursday, July 22, 2010
By Carl Strock (Contact)
Gazette Reporter
I bring you an update from Schoharie County and its singular Department of Social Services, whose mission seems to be to make life as difficult as possible for the people it gets in its clutches.
Example: the couple I wrote about last year using the pseudonyms Greg and Nicole to protect their privacy.
Greg is a construction worker in his late 20s; Nicole, his wife, is a licensed practical nurse in her early 20s.
I won't review their entire history for you — that would be too depressing. Suffice it that after three years of their being jerked around, during which their children were removed from their home and they were allowed to see them only once a week under supervision, the court order against Greg was about to expire.
This order, among other things, forbade him to drink any alcohol under any circumstances and also gave the Department of Social Services the authority to require alcohol testing of him at any time, besides the usual authority to monitor and supervise his life.
The circumstances that led to this situation were not grave enough to warrant such action as the Department of Social Services took and that Schoharie County Family Court for a long time authorized, in my view.
But what happened on March 18 of this year was that Greg took another urine test as required, and it came back positive for alcohol. On that basis the Department of Social Services asked Family Court to declare him in violation of the court's order and also to extend the order against him for another year, thus keeping him under the department's thumb, subject to all its intrusions.
Very good, you say, except for two things: Greg swore up and down he had not been drinking, and by now, having been able to live together again, the couple had managed to save some money and they were prepared to fight.
They hired their own lawyer, Russell Langwig of Schoharie, and they set about researching the chemical tests that Greg had been administered. And what do you suppose they came up with?
They came up with perhaps the country's leading expert on these particular tests, Dr. Gregory E. Skipper of Alabama, who introduced them to the United States, and he provided a letter saying the tests had been wrongly used in Greg's case, that the results "by themselves do not prove drinking," and "should not be utilized as proof of drinking."
Greg's lawyer submitted this letter to the court along with a motion to dismiss the action against Greg, and of course a copy also went to the Department of Social Services.
Now, wouldn't you suppose there would be some red faces around Family Court and around the Social Services office next door? Wouldn't you suppose some caseworker would apologize and let Greg resume the normal life he has been trying to lead with his wife and children these past couple of years?
Well, if you did you would be mistaken.
The parties were back in court the other day — I was there too, listening — and there were no apologies and there was no backtracking.
Greg's lawyer had earlier demanded that the urine sample be retested, and not even that was possible, since it turned out the lab in Michigan that did the testing threw out the sample two weeks later.
Judge George R. Bartlett III agreed it was a "reasonable request" that the lab retain samples for the two years required by federal regulations, and the county's lawyer agreed to take that up with the lab, but as for the results being unreliable, nothing was said, nothing was decided.
Greg and Nicole are determined to fight. "We're going to take all our savings and pay for this," Greg told me. "I know for a fact I didn't drink. That test is bogus. I'm not going to let them steamroll me."
Good for him, I say.
But here is something to contemplate:
A few years ago, Greg and Nicole did have some trouble, during which he was he was twice accused of domestic violence, though in one instance no criminal charges were filed and in the second instance the charges were dismissed.
He was also accused of causing a bruise on the face of their first child, which he denied.
Since then they have lived together, or attempted to live together, without problems and have had another child together.
During that time, they say, caseworkers from the Department of Social Services have not been their friends and supporters but rather their adversaries, looking for every little reason to break them up and take their children away from them.
Even now, when they finally have their children back and are able to live together in the home that they own in Cobleskill, the Department of Social Services seems bent on harassing them.
The department could take credit, if it chose to, for a success. It could say, well, those people had problems, but after we intervened they got straightened out, so good for us. Or it could just take pleasure in two people making a decent life for themselves with their children.
But no. They look for any little reason to bust on them, even now insisting on the consequences of that discredited alcohol test.
I have a couple of theories to account for this sort of behavior. One is the bread-and-butter theory, which is that people like Greg and Nicole, who have had some minor difficulties and who can be sent jumping through multiple hoops, are simply the bread and butter of the Department of Social Services. It's how the people there make their living. If they gave all such couples a pat on the back and sent them on their way, there would be a diminished need for their services, and some of them would find themselves out of work. Mildly troubled families that can be strung along indefinitely are a source of employment.
My other theory is the bully-boy theory, according to which some people simply like to exercise power over others. There is hardly anyone easier to exercise power over than the poor and uneducated, and there is hardly anyone in a better position to do it than those invested with governmental authority.
Put the two together and you have a perfect picture: Low-class families vs. a county agency that is backed up by Family Court and ultimately by the police, if need be.
Alas, Greg and Nicole do not fit the profile quite well enough. Yes, Greg recently got laid off from his construction job, which he says was because he was missing too much time in order to keep court appointments, but basically they are both working people, and they are able to hire their own lawyer, pay an expert witness (Dr. Skipper) and also pay an independent professional to evaluate Greg for alcohol dependence (negative).
They are not just rolling over, and they are not just flailing in desperation, as many people in similar situations do.
So I'm waiting to see how this one turns out, but I am not hopeful there will be any fundamental change in how the Schoharie County Department of Social Services operates. Not based on what I've seen so far.
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