Posts Tagged abuse
By Attorney David Engler
This week I stood in the parking lot of Trumbull County Children Services with two brave young women. We were very close to the spot where they were sexually molested as 12 and 13 year olds. It took so much courage for them to get in the car with me and drive to a group of awaiting cameras including their old caseworker who stood outside during his work day filming the young women. The two recounted how they were preyed upon by a Youth Leader woman that was hired to protect them while at children services. This Dorm Mother actually would take overtime so she could sleep with one of the three girls during the night.
Image credit: 123RF Stock Photo
They each were left into the care of the Government because their own homes were broken, parents were addicts or a father was a molester. Each of their lives had not been easy but they have overcome extreme cruelty to become good mothers, daughters, friends and employees. Each of the three have given me more inspiration then what I could possibly gain from representing them.
The cruelest comment, after we announced a lawsuit against CSB for employing a pedophile, came from the Director Tim Schaffner. His response to finding out that three preteens were sexually abused by an employee was shocking. He said he was appalled that Attorney Engler would expose these girls. I have encountered many tone-deaf Government types in my 26 years of practice but this is the worse. Instead of expressing outrage that the abuse happened, or expressing concern for the girls, or being troubled… he was appalled that the girls would dare show their sweet faces. This guy is running an agency that is supposed to protect children. These girls are heroes for giving a face to childhood sexual abuse. If you’re a victim you do not have to hide in a closet. The shame is not the victims but the pedophile and the agency that employed her and did nothing to stop her and protect young girls who could not have been more vulnerable.
Since I have first stepped up to take on the agency that permitted a known pedophile to rape a baby at its own office, I have been swamped with the calls of victims or parents or grandparents who are suffering at the indifferent hands of Trumbull CSB and others throughout the State. Others have joined the fight with the notable exception of no elected officials or judges who place kids into CSB. I cannot figure out how many murdered or abused children it takes before someone in power cares to act. I suppose this is the same sort of thing that happened at Penn State.
As an attorney we are taught to stay dispassionate from our clients in the course of litigation. I am shaking with anger. My clients are each beautiful, intelligent, caring young African-American women. They needed good foster parents to have taken them out the CSB hell they were placed into. But the reality is people want babies not young teens. I told each of these girls that I would have been proud to have been their father. I am not sure I could be a foster parent now but wish I had known these girls when they were 12. There are other children out there. They are victims of all sorts of terrible things. It is so sad that they had to be insulted and victimized one more time by a Director who believes victims of abuse should hide their faces. Shame on you Director Schaffner.
Attorney David Engler
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal
By Attorney David Engler
Private placement agencies if not monitored well by Children Service Boards can end in tragedy. In Trumbull County, Ohio there have been at least 5 murders of children who were either directly through foster placement or indirectly through custody orders placed with the abuser.
In Fairfield County, Ohio a 5 year old boy was made to stand out in the rain and cold as a punishment. The boy was taken by ambulance to ER after going into cardiac arrest. He has permanent neurological damage. A private agency working under the County made the placement. The agency did not inquire as to why the foster parents had been denied a license in Hamilton County, Ohio.
The failure of Children Protective Service agencies is an epidemic.
The New York Times reported earlier this year reported about the wide spread abuse in the City. I am quoting it in its near entirety.
The New York Times –
“Lawyers for 10 disabled children who were fraudulently adopted by a Queens woman more than 15 years ago and subjected to years of abuse have proposed a $68 million settlement in a civil rights lawsuit filed on their clients’ behalf, according to a confidential court filing.”
Matthew Ratajczak/Scripps Treasure Coast Newspapers,
“The proposal comes as a federal magistrate judge in Brooklyn appears to be trying to mediate a settlement to the suit, filed in 2009, which seeks damages from New York City and three contract adoption agencies that placed the children with the woman, Judith Leekin.
Serial Abuser for Foster Money
The case has been seen as one of the most disturbing child welfare fraud cases in the city in recent years. Ms. Leekin used four aliases to adopt the children, who had physical or developmental disabilities, including autism and retardation, and later moved them to Florida. The children were caged, restrained with plastic ties and handcuffs, beaten with sticks and hangers, and kept out of school, according to court papers. An 11th child disappeared while in Ms. Leekin’s care and is presumed dead.
The suit asks that the 10 plaintiffs, now mostly in their 20s, be compensated for their years of suffering as well as for the services and treatment they will need for the rest of their lives.
The letter was filed publicly in October, but was quickly sealed after the lawyer wrote that it “referred to confidential discussions between the parties.” The New York Times obtained the letter while it was publicly available.
Ms. Leekin, 66, was imprisoned after she was convicted of fraud in federal court in Manhattan and of abuse in a state court in Florida. Federal prosecutors have said that as part of her scheme, she collected $1.68 million in subsidies from the city that went to support a lavish lifestyle.
When the 10 children were removed from her care in 2007, none had completed elementary school; only three could read and only at a third-grade level; and about half were declared either “totally incapacitated” or “vulnerable adults,” according to a report by a former Columbia University social work professor retained by the plaintiffs to examine the cases.
The 10 have since lived in Florida in state programs or on their own, and at least one is homeless, according to court filings.
New York City and the three private agencies have denied liability in the case, claiming that Ms. Leekin was a sophisticated serial criminal whose scheme fooled various professionals and, given the capabilities and practices of the time, would not have been foreseen or detected.
The agencies are HeartShare Human Services of New York, SCO Family of Services and the now-closed St. Joseph Services for Children and Families.
The agencies’ lawyer, Robert S. Delmond, did not respond to messages seeking a comment on Thursday. Lawyers for the city and the plaintiffs declined to comment, citing the pending litigation.
In the now-sealed letter to Judge Go, Mr. Delmond described the $68 million demand as “a significant sum, which requires much consideration, thought, planning and involvement of corporate officers before they can reach a decision.” The agencies’ insurance carrier was reviewing the matter, he noted, and was “not prepared to make a settlement offer at this time.”
He requested more time to allow for further consultations with the insurer and meetings to discuss “possible settlement offers.”
It is unclear how the city and the private agencies might apportion any payout if a settlement is reached.
Jonathan S. Abady, a lawyer whose firm, Emery Celli Brinckerhoff & Abady, has handled suits against the city and private agencies in cases involving abused and neglected children, said “there does appear to be a uniform indemnification provision” in the contracts the city has with such agencies.
“But the city has the ultimate legal responsibility for the child,” said Mr. Abady, whose firm is not involved in the Leekin suit.
In August, Theodore Babbitt, a lawyer for the plaintiffs, asked Judge Go to move the case forward because of the “fragile, unstable and precarious” condition of the plaintiffs. “They are desperate for care that cannot be provided through the Florida state system,” he wrote.
He cited three of the male plaintiffs, who ranged in age from 19 to 24: one had been on a round-the-clock suicide watch after multiple attempts to take his own life. Another had fathered children out of wedlock and was homeless. A third had been arrested for domestic violence against his older brother. “He is angry and depressed and bottles it up inside until he violently explodes,” Mr. Babbitt wrote.”
ifference towards the sexual abuse of children by men in leadership positions does not seem to be isolated only in Happy Valley.
Attorney David Engler
Also published on Family Fault Lines Blog http://familyfaultlines.com/
Also published on eGuardianship Blog https://eguardianship.wordpress.com/
By Attorney David Engler
Another toddler was killed in a foster home, this time in Maryland.
The two year old girl was beaten to death by the 12 year old son of the foster parents.
Public child welfare agencies are the only ones who don’t see that our delivery system of child protection services is largely broken. They hide from scrutiny by cloaking themselves in rules of confidentiality.
Of the families I have represented the thread is common. They are usually poor, uneducated and unable to ask questions. Perhaps that is why their children end up in children services care.
But once government gets involved, then it becomes our business and the death of one child who was given to an agency that was meant to protect should cause an immediate and open review and call for changing the bureaucratically bloated child protection system.
Below is today’s editorial from the Washington Post. It could have been written in all but a handful of states like Virginia, Kansas and Florida that have overhauled children protective services.
WHEN WELFARE authorities remove a child from the home, it is supposed to be for the child’s safety. It is simply unthinkable that a 2-year-old girl in Prince George’s County who was taken from her mother’s custody was beaten to death while in the care of a foster family. Not only must there be a thorough review by county and state authorities, but it’s important that circumstances of the case — including a determination of whether the tragedy could have been prevented — be made public.
Aniyah Batchelor, who turned 2 in March, died Tuesday of “blunt force trauma,” according to Prince George’s police, who said she was beaten inside her foster parents’ home in Fort Washington. A 12-year-old boy, son of the unnamed foster parents, was charged with second-degree murder. Police allege that the boy had “beaten the child repeatedly’’ in a single attack; no weapon was used. It appears that the parents were away and their 15-year-old daughter was sleeping.
When a foster child is killed confidentiality is no excuse for concealing what happened and why.
The toddler had been in foster care since November. “Our hearts go out to the families involved. Both families and the staff that worked with them will need our support in the coming days,” read a statement issued by the Maryland Department of Human Resources, parent agency for the Prince George’s County Social Services Department, which handled the child’s placement. There is no doubting the need for sympathy, but officials also must provide a better explanation of the actions taken in this case.
Predictably, they have chosen to hide behind a supposed need for confidentiality and privacy even as state spokesman Pat Hines acknowledged that the state can discuss some details about a child in foster care if there is “an allegation of abuse and neglect” resulting in a death. Incredibly, state legal authorities concluded that that exemption doesn’t apply to Aniyah’s case.
Perhaps this was a tragedy that could not be foreseen; maybe it occurred despite best and correct efforts. But there are unanswered questions. Was the foster home properly screened? Were the parents trained? Had there been any signs of trouble? Were there alternatives that would have allowed Aniyah to avoid foster care? The public, the 6,859 Maryland families with children in foster care and, above all, this little girl’s mother need more than expressions of sorrow. They deserve answers.
Also published on Attorney David Engler’s Law Blog http://davidengler.wordpress.com
By Attorney David Engler
“I would be totally shocked by an acquittal”, said Joseph Amendola, the lawyer for the alleged serial pedophile Penn State coach Jerry Sandusky.
Those are not the words you want to see come out of your defense attorney’s mouth as a jury deliberates whether you should go to jail for the rest of your sorry life for being this nation’s most infamous pedophile. Right after the defense lawyer was done speaking, the Judge summoned the lawyers back into chambers probably to remind them all there was a gag order. A gag order can be adopted by a court particularly when it is a case heard by a jury. By the way, the victim’s testimony on the stand would have caused any person to gag. And as the jury was starting to select the foreperson, Jerry Sandusky’s 33 year old ADOPTED son said he was molested as well. Oh yeah, another young man who didn’t testify and was not seeking civil damages said he was molested over 100 times by the man who lured boys into his sick clutches by bestowing gifts and running a charity for troubled children, most without a father figure.
Perhaps the lawyer was stating the obvious or maybe he was setting his client up for an ineffective assistance of counsel claim since he also sat by Sandusky on national television as he stumbled over the question of do young boys sexually attract him.
But what is most striking about the case is that it is hard to spot a pervert. This was a football coach working for Joe Paterno. He was the dean of Linebacker U. He ran a charity to help kids, he fostered children and even adopted them.
In a recent case, I represent a mother trying to annul an adoption by a stepparent because she learned the husband/father was not who she thought him to be. And her concerns about sexual abuse where met with the same type of responses so many women get who raise the issue. They are perceived as playing the “abuse card”. The timing of their complaints is called into question. The shocking truth is that most of the complaints are true but difficult to prove. Guardian ad litem appointed to see to the welfare of the children, become themselves manipulated by the abuser. The GALs are poorly trained to understand the complexities of abuse allegations and unfamiliar with the body of scholarly research that suggests most of these complaints should be taken seriously.
In Trumbull County, Ohio the case worker displayed the amazing lack of understanding that an assessment done before a stepparent adoption should not be taken any less lightly than any other non-relative adoption. The case worker actually said the mother should have known these things about the man she married. The caseworker was unfamiliar with the notion that a pedophile will groom the mother and the victim. And this is the case worker who does the assessments before an adoption takes place in Trumbull County. If the public knew how little the assessor understood the importance of her job, they would be outraged and frightened for the children.
If the Jerry Sandusky case has brought any good it might be an increased awareness that pedophiles adopt, pedophiles want to be foster parents and pedophiles work on keeping themselves cloaked and their victims silenced. Please understand that there is nothing these victims could receive that could replace what was stolen from them. Jerry Sandusky in jail forever would simply be a small part of justice.
By Attorney David Engler
The decent looking guy is telling the YPD officer not to come closer or he will jump. It is not known exactly if the officer knew that John Sylvester had 16 years earlier held his girlfriend in a headlock and shot her point blank in the face. He did 10 to 28 years for attempted murder but on this Sunday he was sitting on the edge of the Market Street Bridge spanning the Mahoning River. Of course no one in the Valley wants to go swimming in the Mahoning since its waters have long ago been polluted by the mills that once lined the river from Lowellville through Struthers, Youngstown, Girard and Warren. And John wasn’t interested in swimming. He told the police that he had forgotten what happened earlier that day. (The insanity defense didn’t work 16 years ago but maybe this time he could pull it off)
Earlier that day John had erupted into a rage against his new wife. His control over her was slipping. She dared to tell him she would not tolerate his rages and odd sense of jealousy. The fight had been simmering for months. They were living apart. He returned that Sunday to her parents’ house in a middle income neighborhood filled with the sound of children playing at the first days of summer break. He thought there was a chance he could work things out with his beautiful, smart and well-liked wife. But his head was instantly filled with fury when he found out that she was moving on and had just recently been out talking with another man. The butcher knife was on the counter. Thinking wasn’t necessary. She would learn quickly that it could only be him.
When they first met he was sweet and accommodating. At first there was a large blank spot in his history that she had no idea about. Then her friends reported to her the rumors of what happened to his first girlfriend. If only she had used Court View she could have seen the sentence and crime was more serious than he said. Why was she so naive to believe his story that he was wrestling the gun from his girlfriend when it went off. He said he was very young and it was a terrible case of teenage hormones, booze and an angry girlfriend. The justice system sucked he told her. By the time doubts started to creep in…the baby was on the way.
But this was not the time for self-doubt. She could feel the slicing of the knife into her skin and her only thought was to flee and at all costs protect her son. It was the stuff where Post Traumatic Stress Disorders come from. Fight or flee. She did both.
This bright day John was sitting on the bridge wondering whether to jump and not face what would certainly be a sentence that puts him behind bars for at least twenty years if not a life sentence if the prosecutor rings him up on attempted murder and kidnapping. But either way he did not want to go back to prison. He might have been decent looking and a fast talker but he was never a match for the real street gangsters that run the joint.
What did this mild mannered time hardened cop tell him. Sargent Lomax works family crimes and has seen a daily dose of beat up women, abused children, drug addled kids and their parents enough to last five careers if it wasn’t for his luck to be a cop in one of the toughest city’s in America. He did his job. He makes no value judgments other than his job is to save lives. He would not make a judgment even over the life of someone so vile and despicable that would shoot a girlfriend in the face, then slash his baby’s mother and infant son’s foot sixteen years later.
The negotiator had learned some basic skills in classes but almost all of it came from years of dealing with the abused and their abusers. More than anything Lomax had learned long ago that judgments were better left for a judge, jury or ultimately God. He had a job to do. In between his words of encouraging John off the ledge words flashed through his mind. They were never spoken. Words like “John it is not that much of a drop or there is nothing left for you here or save everybody the effort and take the first step…it’s easy”. No he said the boy should have a father and he needed help to calm the demons and people still cared about him. The Sargent spoke in calm words that this was no way to end this story.
He came off the edge of the bridge.
Author’s note: The stories are true but license is taken to tell these tales of love, loss and the heartbreaks that happen in families. I do not divulge confidences of my client’s unless they ask me to. I practice family law, criminal law and fight for people whose backs are against the walls. Every day I come across ordinary people like Sargent Lomax who do extraordinary work. It is my privilege to share these thoughts with you. The picture is from the Tribune Chronicle.
By Attorney David Engler
The former Director of Trumbull County Children Services resigned yesterday and was replaced by Timothy Schaffner, current director of Valley Services, which is a local social service provider with long standing contacts and contracts with CSB. This is not just a local story but one of how a dysfunctional organization can cure itself.
I wish him well in the new job and hope that his initial comments of having many friends at the agency and an appreciation for their commitment to protecting children and families does not preclude leadership that requires culture change. The death roll of children who have had direct CSB involvement over the last 9 years should be cause for institutional soul searching, not “way to go Brownie” comments.
A change of director is not enough. The problems are not going to be solved with a simple “we will fix what the State says is wrong” and be done with this ugliness. There is a wide felt sense in the Trumbull County population that CSB serves the agency is one that cannot be trusted.
Already the new director has parroted the Board’s and old Director’s misplaced belief that my actions are those of a lawyer seeking a quick dollar and publicity at CSB’s expense. That attitude will spawn additional mistakes and then litigation and lead to the proverbial fix of putting lipstick on a pig. The lipstick will be happy billboards and sugar coated statements that we protect children and-by-the-way-trust-us.
Like I said earlier, I hope Director Schaffner makes a difference. I offer my help. CSB will eventually crumble if changes are not made to the organization. CSB needs to share in accepting responsibility for the boy that died from cancer where his parents never took him for care, or the toddler that was molested in the agency or processing home studies based on fiction or allowing children to be murdered by a person they approved as a caregiver.
Director Schaffner would be the rare government bureaucrat who understood that it is healthy in any relationship to accept blame, seek forgiveness and then redeem. The relationship is with the people truly served by CSB. They are largely poor, minority, drug dependent, uneducated and abuse victims themselves. Show respect to these citizens and you will get it back in return. Do not settle for just correcting what the State says you failed to do. Seek to be a leader and adopt the model of service deliveries being pioneered across the country. And for sure: stop blaming the victims (your clients). If a child is injured, abused, neglected, murdered or dependent it is our fault. Change the culture. Please.
Also published on Attorney David Engler’s Legal Blog http://davidengler.wordpress.com//
By Attorney David Engler
In Jupiter, Florida the local Walgreen’s has been having a great couple of years. This means however that hundreds of mostly younger 20 to 40 year olds are hopelessly hooked on life ruining oxycodone. And when the Oxy’s run out or they can’t steal from Grandma’s prescription anymore then the next best cheapest high is heroin.
The DEA filed an affidavit that allowed for the search warrant at the Jupiter Walgreen last month. The Walgreens affidavit showed sharp increases in oxycodone purchases at each of the pharmacies under investigation in southern Florida. For example, a pharmacy in Fort Myers went from selling 95,800 units of oxycodone in 2009 to more than 2.1 million units in 2011 – good for 67 percent of all the oxycodone purchased by pharmacies in that same zip code in 2011.
In the first two months of this year, the DEA added, 53 Walgreens pharmacies are listed in the agency’s top 100 purchasers of oxycodone. In 2009, none were on the list.
Earlier this year, the DEA released figures showing that Florida may be losing its distinction as the nation’s leading illicit source for painkillers because of the ongoing law enforcement crackdown and several new laws. Florida also last year began operating a prescription drug tracking system and database aimed at combating illegal diversion of the drugs.
The abuse of prescription drugs is epidemic in the country. This is a clear example of where there needs to be a national database so a doctor or law enforcement can type in a name to see if the patient has been pill shopping. Also warnings can be built into the system to show hot spots of pharmacy and pill mills that are complicit in this plague. 70% of all of my custody cases involve someone using opioids.
It started in Appalachia, caught fire in Tennessee, then Florida and now all states.
The guy that cleans your carpets may be taking from the medicine cabinet or maybe it is the grandson. $15 on the streets for one pill is a powerful motivator.
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal Law
Also published on Attorney David Engler’s Legal Blog http://davidengler.wordpress.com//