Court rules on conflict in DCF cases

Gordon Dritschilo | January 15, 2018

By GORDON DRITSCHILO
STAFF WRITER

A lawyer who represented a group of children should not have been allowed to then represent the state as it tried to take those children away from their parents, the Vermont Supreme Court ruled last week.

The unanimous, 18-page decision did not address whether there was any specific conflict of interest at play in the Windham County case, writing that the “myriad issues in play in juvenile proceedings” are such that moving between the children and the state in a termination of parental rights proceeding should be considered a conflict as a matter of law.

“First, a host of issues arise in abuse-and-neglect proceedings, and any divergence in the positions of the State and the children on any matter can create material adversity,” the justices wrote. “These are complex questions that can yield varied positions across a spectrum. … In the face of these challenges, a legal presumption of conflict, rather than a case-by-case analysis, provides a straightforward rule for attorneys and courts to apply.”

The case involves an unnamed female attorney who had been initially assigned to represent four siblings born between 2003 and 2011. A footnote in the decision says that while the Supreme Court holds the attorney should have been disqualified, the court did not find that the attorney violated any rules.

The family came to the state’s attention through two incidents. The first, as described in the decision, was an assault by the father upon the mother in the presence of two of the children in August 2014. The second was the following month, when the Department for Children and Families received a report that the three younger children “were playing near a busy road unclothed and without adult supervision.” Social workers found food, trash and dirty laundry all over the floor of the home.

The parents stipulated in October 2014 that their children were “children in need of supervision,” according to the decision, and the court granted DCF custody of the oldest child the following April. By the end of 2015, the younger three were placed in DCF custody and the state moved to terminate parental rights in 2016, succeeding with the younger three.

The lawyer in question represented the children through March of 2016 and was replaced on the case in April, after which she appeared on behalf of the state with the support of the children’s guardian ad litem.

The parents’ attorney raised concerns, citing a section of the Vermont Rules of Professional Conduct that states, “A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent.”

The attorney for the state said there was no conflict because the children and the state agreed, and the judge ruled in the state’s favor. The Supreme Court took a different view.

“Vermont law recognizes the importance of a parent’s interest in the parental relationship, and the provision of counsel for parents and children is one way the Legislature has sought to safeguard those rights,” the justices wrote. “The provision of counsel to both parents and children is required by statute and is an important part of ensuring that termination proceedings are conducted fairly and accurately.”

The court also wrote that attorneys in such cases play a significant role in shaping their clients’ positions.

The decision noted that while “appearance of impropriety” is not typically enough to disqualify a lawyer from a case, the state has greater flexibility in choosing alternate counsel than an individual.

https://www.rutlandherald.com/articles/court-rules-on-conflict-in-dcf-cases/

Top Stories 2017: DCF Tries To Sever Parental Rights Of Groton Couple

Published December 23. 2017 7:15PM | Updated December 23. 2017 7:20PM

By Deborah Straszheim   Day staff writer

 d.straszheim@theday.com   DStraszheim

A Groton couple whose son nearly died while in the care of the Department of Children and Families fought a petition to terminate their parental rights at trial this fall. The department sought to sever the parental rights of Kirsten Fauquet to her five children, ages 6, 5, 3, 2 and 1, and of John Stratzman, the biological father of three of the children. The couple's 3-year-old son suffered near-starvation after DCF placed him in the foster home of an unlicensed relative.

A decision by Judge John C. Driscoll is pending in Superior Court for Juvenile Matters in Waterford. He has 120 days to issue a ruling. DCF cited the couple's inability to pay rent and the mother's mental health among reasons to terminate their rights, saying the parents are unable to care for five children. The attorney for the mother said the state inflicted harm and failed to make "reasonable efforts" to reunify the parents with their children.

Some saw the case as highlighting issues in Connecticut's child welfare system, including the prevalence of poverty among parents in the system and the subjectivity of parenting standards used by the agency.

— Deborah Straszheim

http://www.theday.com/local-news/20171223/top-stories-2017-dcf-tries-to-sever-parental-rights-of-groton-couple

Lutheran Services Case Manager Arrested For Child Abuse On 2-Year-Old

FORT MYERS, Fla. A 27-year-old Lutheran Services case manager is accused of abusing a 2-year-old child, according to the Fort Myers Police Department.

Caitlin Nicoole Carroll, of Fort Myers, was arrested Thursday, police said. Carroll, who is the fiancé of the child’s father, was taking care of the child at the time of a reported fall.

The child was taken to Golisano Children’s Hospital at Healthpark Medical Center with significant bruises to multiple parts of the face, ears and body. The bruises were inconsistent with the information provided by Carroll, police said.

The Department of Children and Families, the Child Protection Team and FMPD were alerted to investigate the case.

Lutheran Services Florida is a social service agency contracted through the Children’s Network of Southwest Florida. Spokesperson Terri Durdaller released the following statement to WINK News:

Lutheran Services Florida takes allegations of abuse seriously. DCF notified us they were initiating an investigation a few weeks ago and we took immediate action by placing Ms. Carroll on administrative leave that same day. It’s important to note that this case does not involve a child under state’s care. Ms. Carroll remains on administrative leave without pay and has no contact with any of our clients, which aligns with LSF’s policies and procedures.

Ms. Carroll has worked for LSF since 2013 with a blemish-free background. She is a respected case manager and this is shocking to the entire child welfare community. As a case manager in the child welfare system she helps families in difficult situations by connecting them to resources and services so they could address issues preventing them as parents from providing a safe home.

Carroll faces a charge of cruelty towards a child. She’s scheduled to appear in court at 8:30 a.m. on Dec. 18. Bond has not yet been set.

http://www.winknews.com/2017/11/16/fort-myers-case-manager-arrested-child-abuse/

When it comes to DCF, lawyers warn parents to ‘know their rights’

By Deborah Straszheim   Day staff writer

 d.straszheim@theday.com   DStraszheim

Torrington — Speakers at a "Know Your Rights" child protection forum Thursday at Torrington Public Library warned parents not to allow the Department of Children and Families to intimidate them and infringe on their rights.

Yvonne Adamow, who worked from 2007 until 2013 as a probation officer for women, told the audience she often worked alongside social workers visiting clients for DCF. Adamow visited eight to 10 homes per week with DCF social workers during her last two years with the judicial department, she said in a follow-up interview.

She said social workers would get into homes by making threatening statements like, "I'm going to write down that you were difficult today" or "this is counting against you," and once inside, would open cabinets, refrigerators and search through mail and paperwork left out.

"It was every single time. I don't think I ever witnessed, I never had an experience where I could say that I felt that a woman was being treated respectfully or with any sort of acknowledging her basic rights," said Adamow, who now runs an advocacy business for women out of her home in Hartford.

On behalf of DCF, spokesman Gary Kleeblatt provided this statement in response: "Our workers try very hard to engage families voluntarily in our work, and we believe that is the most effective way to provide services. However, when families don't allow us access to children and therefore make it impossible to determine whether the children are safe, then we have to try other means to convince families that they and their children are best off by cooperating with our efforts."

"Our social workers have very challenging jobs; we expect them to be respectful to families at all times, but we also expect them to take all necessary steps to ensure children are safe as best they can," he said.

Attorney Lisa Vincent of Torrington, who spoke at the forum, said DCF sometimes uses the police to intimidate parents. Cynthea Motschmann, also a lawyer, said the agency calls meetings with parents to discuss potential removal of their children, but refers to the meeting by different names, which confuses parents. 

On Friday, a co-chair of the Connecticut state legislature’s Committee on Children said he wants to hear more about parental rights' issues in child protection cases before determining what, if any, changes should be made in the law.

State Sen. Len Suzio, R-Meriden, met Wednesday with attorney Michael Agranoff, who has said the state needs open courts to prevent abuses in the child welfare system. Agranoff suggested three bills at the meeting with Suzio and Attorney Michael Cronin, the Senate Republican lawyer.

The first would strengthen the mini Miranda rule, which requires DCF to notify parents of their rights during their first face-to-face meeting. The proposed change would specify when this occurs, by requiring the agency to notify parents of their rights before it discusses allegations against the parents or asks them to sign releases of information. It would prohibit the agency from using information it obtained at the meeting if it failed to follow the law.

The second proposed change would require DCF to include in affidavits information that's favorable to parents, similar to requirements placed on criminal prosecutors. In criminal cases, prosecutors must disclose to the defense what's called "exculpatory information," or evidence they're aware of that raises questions about someone's guilt or can be seen as favorable to the defense. 

A third bill deals with instances in which DCF takes custody of a child without a court order. The agency has authority to take custody of a child for up to 96 hours, or four days, without a court order if it deems the child is at risk of immediate physical harm. The department then must obtain an order of temporary custody or return the child.

Agranoff said the law should be more specific about what happens later.

He cited an instance in which DCF took a child from a custodial parent on an emergency hold, and then placed the child with the noncustodial parent, effectively acting as a family court judge.

"It is clearly unconstitutional for DCF to take a child from a custodial parent without allowing immediate review of the matter by a judge," he said.

Suzio said he's not convinced the bills are necessary. But he said Agranoff made a thoughtful argument based on experience, and Suzio will ask the Children's Committee co-chairs about scheduling hearings to publicly discuss the issue when the session opens.

"I think it's worth raising it as a public issue and having some hearings on it, and then we'll see if we want to make changes or not," Suzio said. However, he said his priority is protecting children and he would err on the side of child safety.

Kevin Hall, New England director of the Citizens Commission on Human Rights, said Connecticut needs open courts in child protection cases. He supports increasing the burden of proof required to remove children from their homes and terminate parental rights.

The burden of proof in temporary custody cases is "preponderance of the evidence" the lowest legal burden, attorneys said. It means the state must prove it's more likely than not that allegations against a parent are true. The state must show "clear and convincing evidence," a higher burden of proof, before terminating parental rights.

Hall said both burdens should be greater, with the criminal "beyond a reasonable doubt" applying to terminating parental rights, and with the option for a jury trial if a parent asks for one.

The New Hampshire state legislature voted this year to replace "clear and convincing evidence" with "beyond a reasonable doubt" before terminating parental rights in that state, Hall said. The law takes effect Jan. 1, 2018.

d.straszheim@theday.com

http://www.theday.com/local-news/20170909/when-it-comes-to-dcf-lawyers-warn-parents-to-know-their-rights

Florida DCF Investigating Death of Infant Taken From Family

Facebook

Liz Rutenbeck is shown in this Facebook photo with son William Hendrickson IV. Police say the boy died when his father left him in a sweltering bedroom. Rutenbeck was in jail at the time.

Life was neither long nor joyous for William Hendrickson IV. In the eight months he was given, his mother was jailed after a domestic violence call, the Department of Children and Families received multiple calls concerning his welfare, both parents failed drug tests and 911 was called 14 times from his home. The day before he died in his father's sweltering bedroom in a Largo mobile home, a social worker visited, a police officer showed up and a crisis hotline was called. The death of William Hendrickson IV was not just a tragedy, but a fundamental failure by the state of Florida to protect him.

This is not pointing an accusatory finger at anyone other than the person largely responsible, and that appears to be the child's father. Instead, this is a plea for the appropriate authorities to recognize that Florida's system for saving at-risk children needs to be streamlined, better funded and err more often on the side of caution.

This baby's horrific outcome, despite the many red flags, was not unique. An 11-month-old died in Palm Beach earlier this year after caseworkers placed him with a woman with 11 abuse allegations whom they mistakenly thought was a relative. A woman in Miami who had a disabled son removed from her care after she viciously beat him was allowed to keep twin siblings and later admitted throwing the body of one of them into a McDonald's dumpster. A Bradenton child once in protective custody had seven broken ribs, a skull fracture and other injuries when he died in November after being reunited with his mother and stepfather.

These are among the sickening examples of the more than 500 cases of children who have died while on DCF's radar since 2008, based on a Miami Herald investigation. Clearly, mistakes by case workers have contributed to some of these tragedies. But Florida also has a systemic problem that must be confronted.

Earlier this year, the federal Children and Family Services Review was critical of the funding levels for child services in Florida. There is tremendous turnover among DCF employees on the front lines, and that leads to too many inexperienced workers and case loads far too heavy to manage. And all of that can be traced back to the meager resources provided.

The state also has vacillated over the years between quickly removing children from potentially dangerous homes and striving to keep families together, depending on which solution seems more politically palatable at the time. This is not a strategy that should be in dispute. While it is preferable to keep families intact, that decision must be made on a case-by-case basis and not be influenced by some predetermined policy dictated by state legislators.

William Hendrickson IV should be alive today. There should be scrapbook photos waiting to be taken of him with his first birthday cake smeared on his face. From the number of calls and visits to that home, it should have been abundantly clear that the child's health and welfare were at risk. While courts may ultimately have to make the call in some of these cases, police and social workers on the scene should have the ability to operate under this simple mandate: If that was my child, what would I do?

Saturday, August 12, 2017 11:04pm

http://www.tampabay.com/opinion/editorials/editorial-saving-a-child-is-more-important-than-preserving-a-family/2333583

Anoth

Another infant has died while under the watch of the Florida Department of Children and Families and one of its privately contracted providers, spurring child advocacy attorneys and lawyers who fight for at-risk children or those suffering abuse or harm to closely follow this case. - See more at: http://www.justiceforkids.us/florida-dcf-investigating-death-infant-taken-family/#sthash.OBg13utr.dpuf

Another infant has died while under the watch of the Florida Department of Children and Families and one of its privately contracted providers, spurring child advocacy attorneys and lawyers who fight for at-risk children or those suffering abuse or harm to closely follow this case.
Miracle Collins, only 7 months old, was taken from her mother in February after reports of domestic violence, according to news reports on a Tampa Police Department report. Eckerd Kids, a contractor to the Florida DCF, placed the child with a family friend. The child was sleeping on the couch, and later was found unresponsive.
A DCF critical incident team is investigating the death.

Though a common practice, placing children with non-relatives is not without its issues and benefits, noted Robin Rosenberg, deputy director of Florida’s Children First, a statewide advocacy organization focused on children’s rights.
“It can be a wonderful thing or it can have bad results if they’re not adequately supported to take care of the child,” Rosenberg told TampaBay.com. “Sometimes it imposes on really well-intended people but doesn’t give them adequate support.”
- See more at: http://www.justiceforkids.us/florida-dcf-investigating-death-infant-taken-family/#sthash.OBg13utr.dpuf

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Another infant has died while under the watch of the Florida Department of Children and Families and one of its privately contracted providers, spurring child advocacy attorneys and lawyers who fight for at-risk children or those suffering abuse or harm to closely follow this case.
Miracle Collins, only 7 months old, was taken from her mother in February after reports of domestic violence, according to news reports on a Tampa Police Department report. Eckerd Kids, a contractor to the Florida DCF, placed the child with a family friend. The child was sleeping on the couch, and later was found unresponsive.
A DCF critical incident team is investigating the death.

Though a common practice, placing children with non-relatives is not without its issues and benefits, noted Robin Rosenberg, deputy director of Florida’s Children First, a statewide advocacy organization focused on children’s rights.
“It can be a wonderful thing or it can have bad results if they’re not adequately supported to take care of the child,” Rosenberg told TampaBay.com. “Sometimes it imposes on really well-intended people but doesn’t give them adequate support.”

- See more at: http://www.justiceforkids.us/florida-dcf-investigating-death-infant-taken-family/#sthash.OBg13utr.dpuf

---

Another infant has died while under the watch of the Florida Department of Children and Families and one of its privately contracted providers, spurring child advocacy attorneys and lawyers who fight for at-risk children or those suffering abuse or harm to closely follow this case.
Miracle Collins, only 7 months old, was taken from her mother in February after reports of domestic violence, according to news reports on a Tampa Police Department report. Eckerd Kids, a contractor to the Florida DCF, placed the child with a family friend. The child was sleeping on the couch, and later was found unresponsive.
A DCF critical incident team is investigating the death.

Though a common practice, placing children with non-relatives is not without its issues and benefits, noted Robin Rosenberg, deputy director of Florida’s Children First, a statewide advocacy organization focused on children’s rights.
“It can be a wonderful thing or it can have bad results if they’re not adequately supported to take care of the child,” Rosenberg told TampaBay.com. “Sometimes it imposes on really well-intended people but doesn’t give them adequate support.”

- See more at: http://www.justiceforkids.us/florida-dcf-investigating-death-infant-taken-family/#sthash.OBg13utr.dpuf

Startling Find In Jacksonville's DCF Child Death Investigations

I-TEAM examined 227 death investigations from 8-year span

JACKSONVILLE, Fla. - Nearly half of the 227 cases of child deaths in Duval County investigated by the Florida Department of Children and Families between 2009 and 2016 involved families already known to DCF investigators, an I-TEAM analysis of data found.

Those in charge of local child protection organizations were unaware the number was that high until shown the analysis by News4Jax.  The startling discovery by the I-TEAM has led to questions about staff experience and oversight within Florida’s child welfare system.

I-TEAM: Startling find in Jacksonville's DCF child death investigations

A privatized system

Florida privatized its child welfare system under then-Gov. Jeb Bush. The Department of Children and Families contracts with different lead agencies -- mostly nonprofits -- in different parts of the state, broken down by judicial circuits. The goal of that process is to have smaller organizations handle child welfare, in each individual community.

Family Support Services of North Florida is the lead agency for child welfare in Duval and Nassau Counties.

In Jacksonville, Family Support Services contracts with four other nonprofits to handle case management for children in troubled homes. Those organizations -- Children's Home Society, Daniel, Jewish Family and Community Services and Neighbor to Family -- also do other work beyond case management.

Lee Kaywork has been the CEO of FSS for eight years. The nonprofit annually oversees the cases of about 1,500-2,000 children who are victims of abuse, neglect or abandonment, largely due to domestic violence, substance abuse or mental health issues.  But the I-TEAM learned that Family Support Services doesn’t actually oversee any individual case involving abuse or neglect.

“I think we’re one of the best in the state,” Kaywork said when asked how child welfare in Jacksonville compares with communities across the state.

Kaywork told the I-TEAM he was confident that his case managers here have enough experience to make critical decisions about the children’s future.

“I'm confident once the child is in care, the safety of the child is being taken care of,” Kaywork said.

Taking a closer look at investigations

The harsh reality uncovered by the I-TEAM is that sometimes those families known to DCF and Family Support Services still end up having children die

Statistics on the DCF’s website show that 48 percent of child deaths the agency investigated in Duval County over the last five years were in families known to the agency. That percentage was higher than the percentages in jurisdictions with large cities, including Orlando, Miami, Fort Lauderdale and West Palm Beach.

Child Deaths in Large Florida Counties

County	Total Child Deaths	Percentage of deaths in families known to DCF
Duval	227	48.46%
Orange	222	47.75%
Miami-Dade	278	42.09%
Broward	272	40.44%
Palm Beach	200	35.00%
Hillsborough	279	32.26%

Data compiled from DCF statistics, 2009-2016

“I don’t know that for a fact, but I’ll believe you for the moment,” Kaywork responded when asked about the comparison. “I don't know the detail behind the number.” Kaywork added, “I think that, in most cases, those are going to be investigations that never reached us at Family Support Services.”

The I-TEAM discovered that not to be the case.

In 2015, DCF began deploying a new oversight team -- the Critical Incident Rapid Response Team -- to investigate child fatalities in families that are already known to the state system.  One goal of the team was to figure out how to make improvements. A review of reports from the team’s first year found that Duval County had six CIRRT investigations – more than any other county in the state.

A review of the case of a 6-month-old girl found her death to be sleep-related, but investigators still found issues within the case. One finding cited “high turnover and lack of available staff.”  One child protective investigator also stated he felt he “lacked experience to handle complex cases.” 

The report also found “safety plans were not sufficient” to manage dangers.

In another case investigated by the CIRRT, a 3-month-old girl died after co-sleeping with her mother. The family had been investigated by DCF prior to the girl’s death. 

In this case, the report found “investigations lacked a thorough assessment of the family situation,” and that the “region’s workforce was inexperienced at all staffing levels.” The report went on to say that 57 percent of child protective investigators had less than one year of experience, and 80 percent having less than two years of experience.

In three of the six cases from 2015, Family Support Services was involved. FSS delegated out the case management of the families to some of the nonprofits under them.

“That’s an alarming number. I’m not going to make short sight of it,” Kaywork said when pressed. “That is an alarming number.”

The I-TEAM asked Kaywork how often Family Support Services examines its actions to see if a mistake was made in a child’s case.

“I don’t go to sleep at night without thinking of the children we are serving,” Kaywork said. “That’s our job.”

Kaywork acknowledged the system is not perfect.

“It’s a child welfare system. We are at the tail end of a lot of woes of our society,” Kaywork said.

In recent years another societal issue -- opioid addiction -- has had an effect on the child welfare system. 

Kaywork said the bulk of child removals from custody now are tied to opiate use, accounting for the case of 75 to 80 percent of the children taken from their homes. That’s up from 40 percent in the past.

Family Support Services, a fully accredited organization, has been the local lead agency for foster care, adoption, and family services since 2001. Kaywork explained their state-mandated goal is to reunify families, but the I-TEAM found that happens in less than half of their cases.

In 2013 and 2014, more children were adopted out than reunified. In 2015 and 2016 there were fewer adoptions, but still only 35 percent of families were reunified.

Kaywork said it’s a delicate and difficult balance.

“There is nothing more traumatic to a child than being removed from their parent,” Kaywork explained.  “Nothing. They will never recover from it.”

Thursday afternoon DCF responded to the I-TEAM analysis with a statement:

Child safety is the first priority of the Florida Department of Children and Families and our staff and partners are entrusted with a sacred mission to protect the vulnerable and aide family recovery and resiliency. Every case of suspected abuse or neglect called into the Florida Abuse Hotline is carefully evaluated based on statutory criteria to be accepted for investigation. Every child death, regardless of family situation or the community, is a devastating tragedy. DCF takes every child fatality very seriously and is absolutely committed to reducing preventable child deaths."

http://www.news4jax.com/news/investigations/48-of-duval-countys-child-deaths-investigated-by-dcf-from-known-cases 

Foster Care Worker Pleads Guilty To Falsifying Records

A DCF subcontractor who lied multiple times about an at-risk toddler's whereabouts has pleaded guilty to falsifying and destroying records.
Cape Coral resident Denny Kern, 53, was sentenced to four years’ probation for the crime.

Kern was arrested in November after an Office of the Inspector General investigation determined he had falsified records. Kern was a case manager, required to make regular health and welfare checks on children under the supervision of the Department of Children and Families.
Kern is by no means the only child welfare worker to file fake paperwork. His was one of 25 cases involving falsification of case management records investigated in the past seven years; of those, 20 ended in employees being fired or quitting. There was one suspension and four cases that were unsubstantiated or had no action taken.
While working for Lutheran Services, which has a contract with Children’s Network, the private company that provides services to the state’s Department of Children and Families, Kern reported he’d visited the toddler girl in Cape Coral. Although Kern knew the child had been moved to West Palm Beach because her mother was in jail, he filed a log detailing visits to the child in March, April and May.
The falsified documents came to light only after Kern was fired in May 2015 for poor job performance. When Lutheran Services supervisor Gwen Doyle took over Kern's 38-child caseload, she started hearing from family members and caregivers that he hadn't been doing his job.
According to the investigative report, “When Mr. Kern visited (Caregiver 1’s) home, Mr. Kern would come to the door, have a blank piece of paper, and ask Caregiver 1 to sign it. Mr. Kern never came inside the home. ... He indicated that Mr. Kern was aware that Child 1 was not present in the home and did not need to see (her).”
In another case, Kern admitted another child he was supposed to visit regularly was sometimes "probably not" at home when he said she was, though "Kern believed 90 percent of the case notes were accurate and 10 percent of the case notes ... were false, but could not recall which case notes were false."

http://www.news-press.com/story/news/2017/02/24/ex-dcf-subcontractor-pleads-guilty-falsifying-records/98302196/