Social worker suffers repercussions for removing child from family - The Daily Breeze
It's a good thing the family didn't live in New Hampshire, where newborn's are stolen from parent's for morphine in the newborn. Morphine given in labor for nineteen hour's, which any idiot knows spill's into the baby. The caseworker testify's in court she had no clue the mother was given morphine in labor. She neglected to do an investigation.The baby was placenta-previa. The mother left to struggle in nineteen hours in labor to deliver a baby that should have been born via C-section. The baby was NEVER returned. New Hampshire Court's don't believe in admitting evidence proving innocence! Corruption at it's best!
Hospital officials had called to report that the mother of a premature newborn had tested positive for amphetamines and PCP. A second drug test, given 26 hours later, turned up negative.
For Lorna Hornbeek, an experienced social worker with the Department of Children and Family Services, the decision was clear - the baby and his 2-year-old sister needed to be removed from the family immediately while an investigation took place.
That decision, made nearly three years ago, resulted in a 30-day suspension without pay for Hornbeek, in part for "carelessness or negligence of duties resulting in improper service" rendered to county clients, according to her disciplinary letter. The letter also made mention of a "costly" civil lawsuit filed by the family, which the county by then had settled for $350,000.
Hornbeek, a DCFS supervisor in Torrance, hired a private lawyer and is now trying to clear her name. A trial over the circumstances of her case concluded last week before an administrative law judge, who is expected to make a recommendation to the county Civil Service Commission in March.
"What is she supposed to do?" said her lawyer, Rees Lloyd, a prominent Los Angeles labor attorney. "It's damned if you do, damned if you don't."
The case - believed to be the first in which a social worker was disciplined for removing a child - highlights the difficult and complex decisions social workers face in dealing with often murky and fluid
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circumstances.
"My clients are the children," Hornbeek said in a recent interview. "I have an obligation to protect them, first and foremost."
At the time of Hornbeek's decision three years ago, California law required a reasonable suspicion of harm to remove a child from the home. Now, the standard is even higher - the law requires clear evidence of imminent harm to the child.
"We're a big target for criticism," said Neil Zanville, a children's services administrator for DCFS. "But we are only legally empowered to act on evidence that we see. The courts require solid information to warrant removal of a child."
Due to confidentiality restrictions, the department declined to comment specifically on Hornbeek's case. Officials would speak only generally about the department and its practices.
Hornbeek provided a copy of her disciplinary letter, along with redacted notes and correspondence with department officials. The lawsuit filed by the family and the county's settlement and plan of correction are public documents.
In its suit against the county, filed in May 2008, the family argued that Hornbeek and others should have known that a positive drug test is not alone sufficient evidence for removing a child. Other evidence, such as lack of prenatal care, prior contact with police or DCFS, a disheveled home or visible signs of abuse, must also be present, social workers and county officials said.
The mother and father denied using drugs, and their criminal records were clear. They maintained a neat home with plenty of food, they said in court documents. The baby's urine and stool samples were negative for drugs.
The mother delivered on Feb. 7, 2008, three weeks early, in an ambulance headed to a Los Angeles-area hospital. Physicians noted suspicious signs and decided to screen her for drugs, which turned up positive.
The family contested the hospital's legal right to administer the initial test, and requested a second test. Given roughly a day later, the second test was negative. They argued the positive test amounted to an illegal search and should not have been reported to the county.
"The hospital has an obligation to report a positive test," said Jim Lott, spokesman for the Hospital Association of Southern California, a trade group. "It's up to the county whether or not they want to pursue it."
Hornbeek, then a supervisor with the county's emergency response unit, was not on duty that night. A few days later, when she learned the children had not been removed, she said she followed up with the case worker who responded and the hospital.
Hospital officials assured her the test had been handled and performed appropriately. She had them retest both samples, and the results came back the same. That, coupled with the fact that both of the mother's children were born premature and underweight, led her to remove them from the home.
"I believe I did the right thing," she said.
At a court hearing three days later, a judge decided - against objections by county attorneys - that it was safe for the children to return home, but agreed the parents should remain under county supervision. They were required to submit to random drug tests and other restrictions, which they completed.
In late March 2008, the case was closed.
Two months later, the family filed a lawsuit against the county, Hornbeek and the initial case worker for intentional infliction of emotional distress, breach of mandatory duties and negligence. The county initially declined to settle, but in August 2009 agreed to pay the family $350,000.
Neither attorneys for the family, nor county lawyers, returned phone calls for comment. It is unclear why the county ultimately decided to settle the case.
In its required plan of correction, the county said the cause of the suit was, in part, due to "staff violations of established policies." They wrote that the case would be referred to "performance management" for review and action.
Hornbeek said no one in the county, including the judges who heard the case, ever suggested she had done something wrong. In May 2008, she received high marks on a performance review.
"They had to pay a settlement, then threw her under the bus," said Lloyd, Hornbeek's attorney, who is confident she will be reimbursed for her monthlong suspension. "I've never seen anything like this."
Hornbeek, who has two master's degrees and a doctoral degree, said the job of a social worker is difficult, and the stress of this ordeal has taken a toll.
If social workers fear repercussions for taking children away, children in abusive situations will increasingly be left to fend for themselves, she and her attorney said.
"If they can do this to Lorna, a good, competent woman, they can do it to anyone," Lloyd said.
Zanville, speaking generally, used the same phrase as Lloyd in describing the feeling of many social workers: "You're damned if you do, damned if you don't."
The ultimate goal of the county is to reunite children with families if it is safe, or to find permanent homes for them as soon as possible, he said.
The process often takes months, even years.
"It's really a shell game," he said. "We do the best we can under difficult circumstances."
melissa.evans@dailybreeze.com
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
Tuesday, February 15, 2011
Monday, February 14, 2011
Wanted: NH Families Who've Dealt With G.A.L. Bruce Wechsler
Looking for families in NH who have had G.A.L. Bruce Wechsler working on their cases.
Please contact me and I will send you in the right direction.
Please contact me and I will send you in the right direction.
Child Case Worker Says She Was Told To Lie In Court
Newspaper: Child Case Worker Says She Was Told To Lie In Court - NE StatePaper.com
February 14, 2011
A one-time state employee says she left the Child Protective Service after effectively being told to commit perjury in a case she had been handling.
The CPS is part of the Department of Health and Human Services.
Tawnie Stewart told the North Platte Telegraph she was a case worker from 1996-1997.
The Telegraph quoted Stewart concerning her career and work she is now doing to help a mother who lost custody of her children. The newspaper quoted Stewart as saying she resigned after being told to lie in court:
“That’s when I quit. I didn’t like anything about it. I was supposed to be working for these mothers to help them get their children back, but I was being told to work against them. I worked with a case-plan supervisor who wasn’t familiar with cases, but would tell me what to put in it. But the last straw was when I was told I would have to lie on the stand.”
The story, reported by Mark Young, said The Telegraph contacted HHS spokeswoman Kathie Osterman for a response to its reporting on the current case of May Lynn Branson, a woman whose two children are in foster care. Osterman was reported to have said she would respond in whatever way was allowable, but “did not meet a one-week deadline to provide a response.”
Tawnie Stewart was a caseworker for the state Child Protective Service but left the organization when, she claims, she was told to lie in court about one of her cases.
"That's when I quit," said Stewart, a caseworker for Health and Human Services from 1996-97. "I didn't like anything about it. I was supposed to be working for these mothers to help them get their children back, but I was being told to work against them. I worked with a case plan supervisor who wasn't familiar with cases, but would tell me what to put in it. But the last straw was when I was told I would have to lie on the stand."
Now Stewart is working with a mother who is locked in a battle with the Nebraska Health and Human Service Department to get her children back.
May Lynn Branson, a mother of two children ages 8 and 9, is locked in a dispute to determine if a foster mother in Broken Bow should get guardianship of Branson's children - a decision that could determine if Branson is allowed to see her children in the future.
Branson is supposed to have nightly telephone calls to her children, but phone records indicate the calls are completed only about six times per month. Branson said she is told by the foster mother that she has cell phone issues in her area, yet a check with the phone company indicates full coverage where the foster mom lives. The cell phone company states that no such issues should exist.
When the calls do go through, the foster mother listens on speakerphone. In one recorded conversation, Branson is heard to ask, "You have me on speakerphone again?" at which time the foster mother's voice rings out, "If you don't like, we can cut you off."
Child Protective Services came into Branson's life after a bruise was spotted on one of the children's legs at school. Investigators showed up at her doorstep and Branson, who has a mental disability, agreed to cooperate with requests to temporarily hand over her children.
Stewart said this is a standard practice.
"That's where they get you," said Stewart. "That's their tactics. They are told to tell parents like May Lynn that if they cooperate, things will go better, if not they will file criminal charges. Most people would be afraid at that point and the voluntary cooperation sounds easier, but in fact, it's better if you force them to pursue criminal actions. That way, they at least have to prove what they are saying. Otherwise, they can do what they want."
Workers trained to pressure parents, says whistleblower
Stewart said as part of her initial training, she was told, "Parents don't know their rights and you should take advantage of that by walking all over them," she said.
The Telegraph contacted the Health and Human Services Communications and Legislative Services Director Kathie Osterman for a response to Branson's case. Osterman was provided with these same details and after saying HHS would respond to what they could, did not meet a one-week deadline to provide a response.
Like Brandi Knutson's case (detailed in Saturday's story on the front page of the Telegraph), Branson was given a case plan to follow, but each time the goals of the case plan were met, the goals were changed, according to copies of the case plans. Branson has dealt with 10 different caseworkers over the last several months.
The children too have had a lack of stability, living with different foster families in different cities.
The final case plan written by Branson's current caseworker in December states, "Fair progress is being made to alleviate the causes of out-of-home placement."
Yet in the next paragraph, the caseworker recommends adoption.
Branson admits she needs to improve her living conditions. She said she is making progress with Stewart's help. She wants an opportunity to reunite with her daughters and fears a decision that could take them from her life until they turn 18.
Stewart has offered to become a guardian for the children and wants Branson to live with her and her husband. Branson's outcome will be determined by the court, but whether she has custody or not is the issue for Stewart, who said Branson certainly hasn't done anything to lose a relationship with her children.
"I've known these kids and May Lynn for a long time," said Stewart. "I have a relationship with all of them. She doesn't deserve to not have a relationship with her children. This has to stop. She hasn't done anything to deserve to have those ties to her children broken."
Click on this story at nptelegraph.com to post your comments, or e-mail mark.young@nptelegraph.com.
February 14, 2011
A one-time state employee says she left the Child Protective Service after effectively being told to commit perjury in a case she had been handling.
The CPS is part of the Department of Health and Human Services.
Tawnie Stewart told the North Platte Telegraph she was a case worker from 1996-1997.
The Telegraph quoted Stewart concerning her career and work she is now doing to help a mother who lost custody of her children. The newspaper quoted Stewart as saying she resigned after being told to lie in court:
“That’s when I quit. I didn’t like anything about it. I was supposed to be working for these mothers to help them get their children back, but I was being told to work against them. I worked with a case-plan supervisor who wasn’t familiar with cases, but would tell me what to put in it. But the last straw was when I was told I would have to lie on the stand.”
The story, reported by Mark Young, said The Telegraph contacted HHS spokeswoman Kathie Osterman for a response to its reporting on the current case of May Lynn Branson, a woman whose two children are in foster care. Osterman was reported to have said she would respond in whatever way was allowable, but “did not meet a one-week deadline to provide a response.”
Tawnie Stewart was a caseworker for the state Child Protective Service but left the organization when, she claims, she was told to lie in court about one of her cases.
"That's when I quit," said Stewart, a caseworker for Health and Human Services from 1996-97. "I didn't like anything about it. I was supposed to be working for these mothers to help them get their children back, but I was being told to work against them. I worked with a case plan supervisor who wasn't familiar with cases, but would tell me what to put in it. But the last straw was when I was told I would have to lie on the stand."
Now Stewart is working with a mother who is locked in a battle with the Nebraska Health and Human Service Department to get her children back.
May Lynn Branson, a mother of two children ages 8 and 9, is locked in a dispute to determine if a foster mother in Broken Bow should get guardianship of Branson's children - a decision that could determine if Branson is allowed to see her children in the future.
Branson is supposed to have nightly telephone calls to her children, but phone records indicate the calls are completed only about six times per month. Branson said she is told by the foster mother that she has cell phone issues in her area, yet a check with the phone company indicates full coverage where the foster mom lives. The cell phone company states that no such issues should exist.
When the calls do go through, the foster mother listens on speakerphone. In one recorded conversation, Branson is heard to ask, "You have me on speakerphone again?" at which time the foster mother's voice rings out, "If you don't like, we can cut you off."
Child Protective Services came into Branson's life after a bruise was spotted on one of the children's legs at school. Investigators showed up at her doorstep and Branson, who has a mental disability, agreed to cooperate with requests to temporarily hand over her children.
Stewart said this is a standard practice.
"That's where they get you," said Stewart. "That's their tactics. They are told to tell parents like May Lynn that if they cooperate, things will go better, if not they will file criminal charges. Most people would be afraid at that point and the voluntary cooperation sounds easier, but in fact, it's better if you force them to pursue criminal actions. That way, they at least have to prove what they are saying. Otherwise, they can do what they want."
Workers trained to pressure parents, says whistleblower
Stewart said as part of her initial training, she was told, "Parents don't know their rights and you should take advantage of that by walking all over them," she said.
The Telegraph contacted the Health and Human Services Communications and Legislative Services Director Kathie Osterman for a response to Branson's case. Osterman was provided with these same details and after saying HHS would respond to what they could, did not meet a one-week deadline to provide a response.
Like Brandi Knutson's case (detailed in Saturday's story on the front page of the Telegraph), Branson was given a case plan to follow, but each time the goals of the case plan were met, the goals were changed, according to copies of the case plans. Branson has dealt with 10 different caseworkers over the last several months.
The children too have had a lack of stability, living with different foster families in different cities.
The final case plan written by Branson's current caseworker in December states, "Fair progress is being made to alleviate the causes of out-of-home placement."
Yet in the next paragraph, the caseworker recommends adoption.
Branson admits she needs to improve her living conditions. She said she is making progress with Stewart's help. She wants an opportunity to reunite with her daughters and fears a decision that could take them from her life until they turn 18.
Stewart has offered to become a guardian for the children and wants Branson to live with her and her husband. Branson's outcome will be determined by the court, but whether she has custody or not is the issue for Stewart, who said Branson certainly hasn't done anything to lose a relationship with her children.
"I've known these kids and May Lynn for a long time," said Stewart. "I have a relationship with all of them. She doesn't deserve to not have a relationship with her children. This has to stop. She hasn't done anything to deserve to have those ties to her children broken."
Click on this story at nptelegraph.com to post your comments, or e-mail mark.young@nptelegraph.com.
Sunday, February 13, 2011
Alleged Family Law Attorney tries to get fifteen minutes of fame « How Child Protection Services Buys and Sells Our Children
Alleged Family Law Attorney tries to get fifteen minutes of fame « How Child Protection Services Buys and Sells Our Children
I received this comment(located at the end of this post) on my blog today it was posted under my page titled “About this site.” When I read it I had to read it three times just to see if what I read was really what I read. Sadly it was. To add insult to injury is that person who wrote this insane – and uneducated statement signed it “Family Law Attorney” – If indeed this person is a family law attorney he/she should have taken the time to read the entire site. This site is full of case law, manuals, judgements, rules and regs made by judges for attorneys to use as they work cases within the system. Apparently this person is either clueless, not really an attorney or just making statements of which they know nothing about.
They need to go back and look at all the cases where children were taken and should have never been and then murdered in foster care. They need to go back and look at all the false documentation which was written by caseworkers. They need to go back and look at all the lies which have been told against parents to keep them away from their children.
This alleged “Family Attorney” blames poor parenting for the reason that children are stolen. This person also blames low moral virture for children being stolen by CPS. Again they need to do their homework. I have. I have seen children stolen from parents because they are poor and that does no equate low moral virtures. I have seen children stolen because the parent was uneducated that does not equate low moral virtures or bad parenting.
This person’s comment sounds very much like the comments I have heard before from those who know they are in the wrong and become defensive and have nothing to back up the statement that spews from their mouth before their brain kicks into gear.
If this person is really a attorney for family law, then he/she needs to go back and do their homework- why in the world would they try to argue a case without facts. That is what gets cases lost in court. I have my facts, I have done my research. The States are broke in order to maintain money for operation they have to steal children – that is the only way they get Federal Funding under Title IV Funding. The amount of money they receive is based on the number of children they steal. The more they steal the more money they receive.
“This website is ridiculous. I suppose if the author had her way, no one would ever be reimbursed and there would be no dcfs at all. Child protective services doesn’t steal children. People make stupid mistakes and place their parenthood into jeopardy. MOST foster parents strive to do well. MOST child protective services employees strive to do well. The system has a hard time keeping up with an epidemic of poor parenting and a society lacking moral virtue while being chronically underfunded and ill-equipped for battle.
-Family Law Atty.”
I received this comment(located at the end of this post) on my blog today it was posted under my page titled “About this site.” When I read it I had to read it three times just to see if what I read was really what I read. Sadly it was. To add insult to injury is that person who wrote this insane – and uneducated statement signed it “Family Law Attorney” – If indeed this person is a family law attorney he/she should have taken the time to read the entire site. This site is full of case law, manuals, judgements, rules and regs made by judges for attorneys to use as they work cases within the system. Apparently this person is either clueless, not really an attorney or just making statements of which they know nothing about.
They need to go back and look at all the cases where children were taken and should have never been and then murdered in foster care. They need to go back and look at all the false documentation which was written by caseworkers. They need to go back and look at all the lies which have been told against parents to keep them away from their children.
This alleged “Family Attorney” blames poor parenting for the reason that children are stolen. This person also blames low moral virture for children being stolen by CPS. Again they need to do their homework. I have. I have seen children stolen from parents because they are poor and that does no equate low moral virtures. I have seen children stolen because the parent was uneducated that does not equate low moral virtures or bad parenting.
This person’s comment sounds very much like the comments I have heard before from those who know they are in the wrong and become defensive and have nothing to back up the statement that spews from their mouth before their brain kicks into gear.
If this person is really a attorney for family law, then he/she needs to go back and do their homework- why in the world would they try to argue a case without facts. That is what gets cases lost in court. I have my facts, I have done my research. The States are broke in order to maintain money for operation they have to steal children – that is the only way they get Federal Funding under Title IV Funding. The amount of money they receive is based on the number of children they steal. The more they steal the more money they receive.
“This website is ridiculous. I suppose if the author had her way, no one would ever be reimbursed and there would be no dcfs at all. Child protective services doesn’t steal children. People make stupid mistakes and place their parenthood into jeopardy. MOST foster parents strive to do well. MOST child protective services employees strive to do well. The system has a hard time keeping up with an epidemic of poor parenting and a society lacking moral virtue while being chronically underfunded and ill-equipped for battle.
-Family Law Atty.”
Report: System failed Ricky; workers didn't always follow law
Report: System failed Ricky; workers didn't always follow law | Lansing State Journal | lansingstatejournal.com
The actions taken by child welfare workers in Jackson and Ingham counties failed to protect 7-year-old Ricky Holland, who was murdered by his parents, according to a report released Friday.
Workers from Child Protective Services and Department of Human Services did not follow certain laws and policies, contends a report from the Office of Children's Ombudsman.
That also left the remaining children in the Holland household "extremely vulnerable," the report states.
To release the findings of her department's investigation, DHS Director Marianne Udow held a news conference Friday.
"Some policies were not followed," she said, later adding: "I cannot tell you if we do everything right, we can prevent every tragedy from occurring."
Lisa Holland, found guilty of first-degree murder in October, has been sentenced to life in prison.
Her husband, Tim Holland, pleaded guilty to second-degree murder and will spend at least 30 years in prison.
The Hollands, who lived in Jackson before moving to Williamston in May 2005, were Ricky's foster parents for about three years before they adopted him in October 2003.
They also adopted Ricky's three siblings and have a biological child. Those children are living with Tim Holland's relatives.
Detailed report
The ombudsman's office, established by the state Legislature in 1994, monitors children's welfare in the state. A detailed but often-redacted report released Friday morning found:
• Child Protective Services failed to interview all the pertinent people who could have shed light on complaints of Ricky's abuse.
• CPS did not interview Tim Holland during investigations of alleged abuse against some or all of the Holland children.
• A Jackson County DHS adoption worker did not follow policy as the Hollands went through the adoption process with Ricky. The worker failed to meet with the Hollands in their home, and the report states there is no evidence the worker ever met with Tim Holland.
The report's numerous recommendations include:
• Increased training for CPS workers.
• Establishing policy that CPS workers must collect and document evidence that sufficiently discredits a child's claim of abuse/neglect before discounting that claim.
• Developing policy so CPS workers investigate the scenes where abuse/neglect are alleged to have occurred.
The report also asked Ingham County DHS to explain why it did not take action to protect Ricky's four siblings after becoming aware one of them suffered injuries more than three months after Ricky was reported missing and the Hollands were being investigated by police.
Children's Ombudsman Verlie Ruffin said her agency's recommendations are not binding. But she said the DHS has been "compliant and receptive."
"We're in this field to improve the child-welfare system," she said, adding her office will follow up on the recommendations, as they do in all cases, to make sure the system is improved.
Investigating employees
Friday also was the first time DHS has issued a public report into any child welfare case, Udow said.
Her department has begun disciplinary investigations of 10 of the 23 employees who worked on the Holland case over five years in both Jackson and Ingham counties, she said. Nine of the 10 have been reassigned to positions that have little or no connection to child welfare. Two of the 23 have resigned; one has died.
Udow admitted the agency did not do everything it could have in the Holland case.
Jackson County Child Protective Services received four complaints regarding Ricky, she said, but none resulted in any action. In part, she blamed Lisa Holland's lies and deceptions.
"They trusted Lisa Holland's word," she said.
One complaint dealt with marks on Ricky's wrist, which he claimed were from being tied to his bed. Lisa Holland gave another explanation, Udow said, and caseworkers erred by only focusing on the cause of the marks - not the conflicting statements.
Udow also described the overwhelming caseloads faced by DHS caseworkers.
Annually, about 1,600 child welfare workers statewide handle more than 70,000 investigations, she said. They also oversee about 18,000 children in foster care.
"Our employees have some of the most difficult jobs imaginable," she said, handling "an overwhelming volume of work, where vulnerable lives hang in the balance every day."
As part of recent reforms, she said the agency has added 51 caseworkers.
What went wrong
In July 2005, Tim Holland reported Ricky missing. However, by that time, the boy already had been killed and dumped in a marshlike field near Dansville. Tim and Lisa Holland's subsequent court appearances revealed the torture and abuse inflicted upon Ricky during his life.
State Rep. David Law, R-Commerce Township, has played a key role in trying to find out what went wrong. On Friday, he said he will seek an unredacted version of the ombudsman's report.
If denied, he plans to hold a closed session of his subcommittee Wednesday, where lawmakers would analyze the unredacted report.
"We need to see what went wrong and what we can do to fix the problem," Law said.
"The quicker the Legislature can act, the quicker we can help children from being caught up in this quagmire. We have to do what we can to make sure this doesn't happen again."
Contact Kevin Grasha at 267-1347 or kgrasha@lsj.com.
The actions taken by child welfare workers in Jackson and Ingham counties failed to protect 7-year-old Ricky Holland, who was murdered by his parents, according to a report released Friday.
Workers from Child Protective Services and Department of Human Services did not follow certain laws and policies, contends a report from the Office of Children's Ombudsman.
That also left the remaining children in the Holland household "extremely vulnerable," the report states.
To release the findings of her department's investigation, DHS Director Marianne Udow held a news conference Friday.
"Some policies were not followed," she said, later adding: "I cannot tell you if we do everything right, we can prevent every tragedy from occurring."
Lisa Holland, found guilty of first-degree murder in October, has been sentenced to life in prison.
Her husband, Tim Holland, pleaded guilty to second-degree murder and will spend at least 30 years in prison.
The Hollands, who lived in Jackson before moving to Williamston in May 2005, were Ricky's foster parents for about three years before they adopted him in October 2003.
They also adopted Ricky's three siblings and have a biological child. Those children are living with Tim Holland's relatives.
Detailed report
The ombudsman's office, established by the state Legislature in 1994, monitors children's welfare in the state. A detailed but often-redacted report released Friday morning found:
• Child Protective Services failed to interview all the pertinent people who could have shed light on complaints of Ricky's abuse.
• CPS did not interview Tim Holland during investigations of alleged abuse against some or all of the Holland children.
• A Jackson County DHS adoption worker did not follow policy as the Hollands went through the adoption process with Ricky. The worker failed to meet with the Hollands in their home, and the report states there is no evidence the worker ever met with Tim Holland.
The report's numerous recommendations include:
• Increased training for CPS workers.
• Establishing policy that CPS workers must collect and document evidence that sufficiently discredits a child's claim of abuse/neglect before discounting that claim.
• Developing policy so CPS workers investigate the scenes where abuse/neglect are alleged to have occurred.
The report also asked Ingham County DHS to explain why it did not take action to protect Ricky's four siblings after becoming aware one of them suffered injuries more than three months after Ricky was reported missing and the Hollands were being investigated by police.
Children's Ombudsman Verlie Ruffin said her agency's recommendations are not binding. But she said the DHS has been "compliant and receptive."
"We're in this field to improve the child-welfare system," she said, adding her office will follow up on the recommendations, as they do in all cases, to make sure the system is improved.
Investigating employees
Friday also was the first time DHS has issued a public report into any child welfare case, Udow said.
Her department has begun disciplinary investigations of 10 of the 23 employees who worked on the Holland case over five years in both Jackson and Ingham counties, she said. Nine of the 10 have been reassigned to positions that have little or no connection to child welfare. Two of the 23 have resigned; one has died.
Udow admitted the agency did not do everything it could have in the Holland case.
Jackson County Child Protective Services received four complaints regarding Ricky, she said, but none resulted in any action. In part, she blamed Lisa Holland's lies and deceptions.
"They trusted Lisa Holland's word," she said.
One complaint dealt with marks on Ricky's wrist, which he claimed were from being tied to his bed. Lisa Holland gave another explanation, Udow said, and caseworkers erred by only focusing on the cause of the marks - not the conflicting statements.
Udow also described the overwhelming caseloads faced by DHS caseworkers.
Annually, about 1,600 child welfare workers statewide handle more than 70,000 investigations, she said. They also oversee about 18,000 children in foster care.
"Our employees have some of the most difficult jobs imaginable," she said, handling "an overwhelming volume of work, where vulnerable lives hang in the balance every day."
As part of recent reforms, she said the agency has added 51 caseworkers.
What went wrong
In July 2005, Tim Holland reported Ricky missing. However, by that time, the boy already had been killed and dumped in a marshlike field near Dansville. Tim and Lisa Holland's subsequent court appearances revealed the torture and abuse inflicted upon Ricky during his life.
State Rep. David Law, R-Commerce Township, has played a key role in trying to find out what went wrong. On Friday, he said he will seek an unredacted version of the ombudsman's report.
If denied, he plans to hold a closed session of his subcommittee Wednesday, where lawmakers would analyze the unredacted report.
"We need to see what went wrong and what we can do to fix the problem," Law said.
"The quicker the Legislature can act, the quicker we can help children from being caught up in this quagmire. We have to do what we can to make sure this doesn't happen again."
Contact Kevin Grasha at 267-1347 or kgrasha@lsj.com.
House passes parental rights memorial 49-20, after much debate - Eye On Boise - Spokesman.com - Feb. 7, 2011
House passes parental rights memorial 49-20, after much debate - Eye On Boise - Spokesman.com - Feb. 7, 2011
After much debate, the House has voted 49-20 to pass a non-binding memorial from Rep. Bob Nonini, R-Coeur d'Alene, urging a new “parental rights amendment” to the U.S. Constitution. Rep. Lenore Barrett, R-Challis, was among the opponents. “It is a sovereignty issue, it's a 10th Amendment issue, and these decisions should be left up to the state and we the people,” she told the House. “The federal government does not observe the Constitution nine times out of 10 as it is, so why give them something else to ignore?”
Rep. Mike Moyle, R-Star, a supporter of the measure, said, “I have a real concern when we have treaties directing what we can and cannot do with our children.” He also said he worries about statements by Justice Antonin Scalia regarding parental rights. “The courts are stepping out now in places that we don't want to go, and we oughta get 'em back,” Moyle said. He said “if this thing gets out of control,” the state could choose not to ratify such an amendment. “But I still think we need to send a message,” he said.
Rep. John Rusche, D-Lewiston, spoke against the measure as a pediatrician, and told of a 2-year-old who died of serious nutritional deficiency after his parents chose to feed him nothing but cow's milk. “Let's not put the rights of the lives of children in an inferior position,” Rusche said. “I think there is a real opportunity to do harm with this.”
Nonini, responding to the debate, said the major home-school group that has come out against an amendment “is way out of mainstream with home educators,” and said numerous “pro-family” groups support it, and think the measure will “protect Idaho's families.” Nonini said, “This amendment will protect parents from interference both from the federal government and from state governments.” The measure now moves to the Senate.
After much debate, the House has voted 49-20 to pass a non-binding memorial from Rep. Bob Nonini, R-Coeur d'Alene, urging a new “parental rights amendment” to the U.S. Constitution. Rep. Lenore Barrett, R-Challis, was among the opponents. “It is a sovereignty issue, it's a 10th Amendment issue, and these decisions should be left up to the state and we the people,” she told the House. “The federal government does not observe the Constitution nine times out of 10 as it is, so why give them something else to ignore?”
Rep. Mike Moyle, R-Star, a supporter of the measure, said, “I have a real concern when we have treaties directing what we can and cannot do with our children.” He also said he worries about statements by Justice Antonin Scalia regarding parental rights. “The courts are stepping out now in places that we don't want to go, and we oughta get 'em back,” Moyle said. He said “if this thing gets out of control,” the state could choose not to ratify such an amendment. “But I still think we need to send a message,” he said.
Rep. John Rusche, D-Lewiston, spoke against the measure as a pediatrician, and told of a 2-year-old who died of serious nutritional deficiency after his parents chose to feed him nothing but cow's milk. “Let's not put the rights of the lives of children in an inferior position,” Rusche said. “I think there is a real opportunity to do harm with this.”
Nonini, responding to the debate, said the major home-school group that has come out against an amendment “is way out of mainstream with home educators,” and said numerous “pro-family” groups support it, and think the measure will “protect Idaho's families.” Nonini said, “This amendment will protect parents from interference both from the federal government and from state governments.” The measure now moves to the Senate.
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