Articles on lawsuits

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Marina
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Postby Marina » Sat Apr 19, 2008 1:59 pm

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http://www.palmbeachpost.com/news/conte ... 7&cxcat=76

House panel agrees to pay damages for injured Lake Worth child

By DWAYNE ROBINSON

Palm Beach Post Staff Writer

Thursday, April 17, 2008

TALLAHASEE — Marissa Amora, who suffered permanent brain damage as a two-year-old in her Lake Worth home due to the Department of Children and Families' negligence in 2001, finally had a hearing in the legislature today.

After repeated delays, the House Healthcare Council gave unanimous initial approval to a bill that would award her a 2005, $26.7 million civil judgment against DCF to help fund the lifetime medical bills of the nine-year-old, who cannot walk or use the bathroom without assistance, swallow properly or eat without a feeding tube.



But the chances for Marissa's bill passage are slim for this legislative session, even after Gov. Charlie Crist and his DCF director reversed course on the state's objection to the 2005 judgment under former Gov. Jeb Bush.

Another House council must OK the measure (HB 443) before the full chamber votes on the award. Plus, there have been no hearings in the Senate (SB 46) and none scheduled so far with just about two weeks until the legislature ends its session.

Florida's sovereign immunity cap limits civil judgments against government bodies and agencies to no more than $200,000. Only the legislature can override the cap and grant any money above that.

"I think everyone realizes the state has a responsibility in this case," said bill sponsor State Rep. Marti Coley, a Republican from Marianna, where Marissa now lives with her adopted parents. "This young lady would have lived a healthy, normal life had the proper procedures been followed. It's a very tragic, tragic case."

DCF officials did not follow procedures and released a two-year-old Marissa to her natural mother in 2001 from Miami Children's Hospital, with pre-existing evidence of child neglect and abuse. Police suspected the mother's boyfriend beat her into a coma about a month later.

Dawn and Ric Amora, formerly of Loxahatchee, where they cared for other children with disabilities, adopted Marissa, formerly known as Moesha Sylencieux, and won the jury award against DCF.

At 9, Marissa has the mental capacity of a three-year-old.

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Marina
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Postby Marina » Wed Apr 23, 2008 7:14 pm

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http://www.azstarnet.com/sn/metro/228238.php

Tucson Region
Mom of Payne children sues CPS, city in deaths

By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 03.05.2008

The mother of two small children who allegedly were killed by their father last year has sued Child Protective Services and the city of Tucson seeking unspecified damages.

The lawsuit, which was filed in Maricopa County Superior Court, contends that even though Jamie Hallam had been given sole custody of Ariana Payne, 4, and Tyler Payne, 5, CPS allowed their father, Christopher Payne, 29, to keep them. Payne, along with his girlfriend, Reina Gonzales, 23, are accused of killing the children and could face the death penalty if convicted.

Ariana's remains were found in a plastic storage tub on Feb. 18, 2007, after the manager of a self-storage business near East Prince Road and North First Avenue called police to report a foul odor. Tyler's remains never have been found, but police believe he is dead.

The lawsuit alleges that CPS officials never investigated Payne or Gonzales, or checked on the children's well-being. If they had, they would have discovered that Payne physically abused Gonzales and he had been arrested on a drug-paraphernalia charge while the children lived with him.

The death of the Payne children, along with the death of 5-year-old Brandon Williams, has resulted in a handful of proposed bills in the state Legislature designed to revamp CPS. One of the bills, if passed, would require CPS workers to promptly obtain and abide by court orders that restrict or deny custody, contact or visitation by a parent or other person in the home with the child.


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Marina
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Postby Marina » Wed Apr 23, 2008 7:19 pm

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http://www.heraldtribune.com/article/20 ... s&tc=yahoo

Grandmother sues local YMCA and state
Infant girl died in care of foster mother, who is also named in suit

By Todd Ruger
Published Monday, March 3, 2008 at 4:30 a.m.

SARASOTA COUNTY — The grandmother of an infant who died in a Sarasota foster home two years ago has filed a wrongful death lawsuit against the state's foster care system, saying it failed to protect the medically fragile child.

Kaitlin Eaton was 1 month old when the foster mother, Catherine Landis, put her to bed face-down, with a pacifier in her mouth that was too big. She then did not check on the baby for about seven hours, and Kaitlin died from positional asphyxiation, investigative reports state.

The grandmother, Lisa Johnson, filed the lawsuit late last week against the Department of Children and Families, the Sarasota Family YMCA and Landis. Johnson wants to find more information about Landis' foster home and why Kaitlin was placed there, her attorney said Wednesday.

"We don't believe she was properly licensed to do what she was doing," attorney Michele Stephan said. "When you look at the conditions where the child was living, your heart goes out to this little baby."

Kaitlin was born with a cocaine addiction and was immediately put into state custody even though Johnson had petitioned for custody, state records state.

Kaitlin went to Landis' house when she was discharged from the hospital Feb. 6, 2006. She died 18 days later. Johnson's request to visit her granddaughter and go on doctor's visits was denied.

The death was ruled accidental, but could have been prevented if Landis had followed instructions to place infants on their backs to sleep, a death review team concluded.

An investigation showed Kaitlin's sleeping bassinet had been placed inside a cluttered storage room. She had not been fed in 12 hours or given methadone that a doctor had prescribed.

Landis, who had completed 40 hours of training in caring for infants, also told investigators she had taken Kaitlin and another foster child in her care in a boat with no life preservers and left them in a car while she worked as a house cleaner.

Landis' foster home was closed. The YMCA sent staff to check on all homes with foster children under 2 years old and started a policy that senior management would review all foster care applications, the DCF said.

Both the YMCA and the DCF declined to comment about the lawsuit.

Landis could not be reached for comment.

The lawsuit comes as the YMCA is restructuring after a string of criticisms from a state review team led the agency to give up a $49 million contract in Pinellas and Pasco counties.

The YMCA still oversees foster care in Sarasota, Manatee and DeSoto counties.

The criticisms included the way the YMCA dealt with a Manatee County girl who died from neglect in December.

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Marina
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Postby Marina » Sun Apr 27, 2008 6:18 pm

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http://www.heraldnet.com/article/200804 ... /-1/news01

Published: Thursday, April 24, 2008

Lawsuit filed against state on behalf of starved Everett boy

By Diana Hefley
Herald Writer

EVERETT— A lawsuit was filed this morning against the state Department of Social and Health Services on behalf of a 5-year-old Everett boy who nearly starved to death.

Case workers failed to protect Shayne Abegg, then 4, even when they knew that he was in danger, said the boy’s attorney David Moody of Seattle. He believes the state should pay to for the boy’s prolonged abuse and suffering, .

In December Moody filed a claim against the state for $22 million. The state denied the claim. No dollar amount was named in lawsuit filed today.

A court-appointed guardian ad litem hired Moody shortly after Snohomish County sheriff’s deputies rescued Shayne from his father’s south Everett apartment. Shayne weighed about 25 pounds. That's about half the weight of a healthy boy his age. He could barely stand, his hair was falling out and he suffered from hypothermia because he didn’t have enough body fat to keep him warm.

His father Danny Abegg, and the man’s live-in girlfriend Marilea Mitchell, starved the boy to punish him for sneaking food. Shayne had learned to horde food after going hungry while leaving with his mother. Danny Abegg and Mitchell were convicted of first-degree criminal mistreatment. Each was sentenced to eight years in prison.

Shayne was removed from his father’s apartment March 2007 after Child Protective Services received a complaint that the boy looked malnourished. A state case worker last visited Shayne January 2007 and reported that he appeared to be in good health.

Shayne now is living with a family member and continues to undergo counseling, Moody said.

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Marina
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Postby Marina » Sun Apr 27, 2008 6:43 pm

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http://www.kfor.com/global/story.asp?s=8218845

Lawsuit accusing DHS in toddler's death to move forward




Associated Press - April 24, 2008 1:15 AM ET

TULSA, Okla. (AP) - An appeals court says a lawsuit accusing three Oklahoma Department of Human Services workers of contributing to a 2-year-old girl's death can move forward.

The 10th U.S. Circuit Court of Appeals ruled yesterday that DHS employees Kristal Johnson, Yolanda Hunter and David Burgess are not immune from the lawsuit filed by Raymond Briggs.

Briggs accused the three Lincoln County DHS employees and another youth services agency of discouraging the reporting of child abuse leading up to the death of Kelsey Smith-Briggs in October 2005.

The death of the Meeker toddler led the state Legislature to pass a measure aimed at improving child abuse protections in Oklahoma. It was named Kelsey's Law in her honor.

Kelsey's mother and stepfather are serving prison time for enabling child abuse.

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Postby Marina » Sun Apr 27, 2008 7:04 pm

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http://www.cbs47.com/content/topstories ... f6c3&rss=1

Girl allegedly molested by DCF worker now being sued

Last Update: 4/24 5:32 pm


JACKSONVILLE, Fla. -- A local girl who says she was molested by a Department of Children and Families (DCF) worker is now being sued by the state.

She was 5-years-old when she was taken into DCF custody. She says Louis Templeman, her case worker, molested her on her way to an emergency shelter.

A jury later awarded the girl who is now 12 more than $600,000. Now, the state is suing her family and Templeman, saying they should not have to give the girl any money.

DCF released this statement:
"We think its important that the Department of Financial Services seek out and receive guidance from the court on this issue so they can determine if the state can provide for this young lady and her mother."


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Marina
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Postby Marina » Sun Apr 27, 2008 7:05 pm

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http://www.firstcoastnews.com/news/loca ... 81&ref=rss

State Files Lawsuit to Avoid Paying Settlement in Molestation Case

By Lindy Thackston
First Coast News

JACKSONVILLE, FL -- The state of Florida has filed a lawsuit to avoid paying a settlement of more than $600,000 to a 12-year old girl.

The girl was awarded that money more than a year ago after winning a civil lawsuit.

It grew out of case involving a Child Protective Investigator who had been convicted of molesting a boy and accused of molesting the girl when she was five years old.

Now the state is asking the courts to let the agency out of paying the settlement.

The victim's attorney told First Coast News he is asking the state to the drop lawsuit.

"For the state to turn around then and say, so sorry, we know you got a verdict and we know you got judgments on the verdict totally three-quarters of a million dollars, we're not gonna pay them but instead we're going to spend untold amounts of money to sue you," attorney Brian Cabrey said.

The DCF employee accused of molesting the girl, Louis Temple-Man, is currently serving a 10-year prison sentence for molesting the boy.

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Marina
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Postby Marina » Sun Apr 27, 2008 7:14 pm

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http://www.kirotv.com/news/15979733/det ... hsoundnews

DSHS Sued For $22M In Case Of Starved Boy

POSTED: 10:03 am PDT April 24, 2008
UPDATED: 6:23 pm PDT April 24, 2008


EVERETT, Wash. -- A lawsuit for $22 million has been filed against the Department of Social and Health Services on behalf of a boy who was nearly starved to death when he was found by firefighters in his family’s south Everett apartment.

When Shayne Abegg was found last March, the 4-year-old weighed only 25 pounds, his temperature was 87 degrees and his heart rate was 30 beats a minute when it should have been closer to 100, Snohomish County deputy prosecutor Mark Roe said.

According to Shayne’s lawyer, David Moody, the DSHS workers failed to act fast enough to remove Shayne from the home.

Prosecutors said the couple starved the boy as a form of punishment.

Shayne’s father, Danny Abegg, and his girlfriend, Marilea Mitchell, are in prison serving eight year sentences after they were convicted of first-degree criminal misconduct in December.

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Marina
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Postby Marina » Sun Apr 27, 2008 7:32 pm

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http://www.kjrh.com/news/local/story.as ... ff&rss=701

Lawsuit accusing DHS in toddler's death to move forward

Last Update: 4/24 5:15 pm

(Graphic: Russell Mills) TULSA, Okla. (AP) - A lawsuit claiming three Oklahoma Department of Human Services workers contributed to the conditions that led to a 2-year-old girl's death has been allowed to move forward by an appeals court.

The 10th U.S. Circuit Court of Appeals ruled Wednesday that the DHS workers accused in Raymond Briggs' lawsuit are eligible to be sued.

Briggs sued DHS employees Kristal Johnson, Yolanda Hunter and David Burgess along with another youth services agency in 2006, claiming they discouraged the reporting of child abuse leading up to the death of Kelsey Smith-Briggs.

"This allows us the opportunity ... to begin questioning those people who we feel are responsible for what happened to little Kelsey," said Joe White, an attorney for Briggs.

Kelsey's mother, Raye Dawn Smith, was convicted of enabling child abuse and sentenced in September to 27 years in prison. Smith's ex-husband, Michael Porter, is serving 30 years in prison after pleading guilty to enabling child abuse.

Kelsey was taken away from Smith and placed in DHS custody in January 2005 after the agency concluded that she had sustained broken bones and bruises while in Smith's care. However, the girl continued to sustain injuries during unsupervised visits with Smith leading up to her death in October 2005.

Kelsey's death led to an Oklahoma law bearing her name that improved training of court-appointed child advocates and makes judges more accountable for their rulings in child-placement cases.

Johnson, Hunter and Burgess - all workers in the Lincoln County DHS office - had sought immunity from the lawsuit, claiming Briggs had failed to allege facts demonstrating that affirmative conduct on their part created or increased the danger to Kelsey.

The three also claimed that Briggs' lawsuit, filed in U.S. District Court in Oklahoma City, did not meet legal standards for a claim that government employees created the danger resulting in injury.

DHS Assistant General Counsel Joseph Strealy said the agency could still ask a judge in Oklahoma City to grant immunity to the three workers. Strealy said DHS has not decided whether it will ask the appeals court to reconsider the ruling.

Briggs' lawsuit also lists Eastern Oklahoma Youth Services Inc. as a defendant. Strealy said DHS contracted with Eastern Oklahoma Youth Services to visit Smith's home.

Briggs' lawsuit alleges that Lynch and Bonner instructed at least one person to stop reporting ongoing abuse against Kelsey.


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Marina
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Postby Marina » Thu May 01, 2008 6:02 pm

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http://www.familydefensecenter.net/imag ... -13-08.pdf

THOUSANDS OF ILLINOIS FAMILIES—WITH SUPPORT OF LEADING
CONSERVATIVE AND LIBERAL GROUPS—SEEK UNITED STATES SUPREME
COURT’S ATTENTION TO CHILD WELFARE AGENCY ABUSES
Today, in a class action suit (Dupuy v. Samuels), tens of thousands of Illinois families
are filing a petition seeking United States Supreme Court review of Department of Children
and Family Services’s (“DCFS’s”) practices that separate children and families without
evidence of any harm to the children or wrongdoing by the parents.

...

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Marina
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Postby Marina » Sat May 03, 2008 11:33 am

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http://www.heraldtribune.com/article/20 ... /1011/news

Lawsuit filed in infant death case

By Todd Ruger
STAFF WRITER
Published Thursday, Feb. 28, 2008 at 7:43 a.m.

SARASOTA COUNTY — The grandmother of an infant who died in a Sarasota foster home two years ago has filed a wrongful death lawsuit against the state’s foster care system, saying it failed to protect the medically fragile child.

Kaitlin Eaton was one month old when the foster mother, Catherine Landis, put her to bed face-down, with a pacifier in her mouth that was too big. She then did not check on the baby for about seven hours, and Kaitlin died from positional asphyxiation, investigative reports state.

The grandmother, Lisa Johnson, filed the lawsuit late last week against the Department of Children and Families, the Sarasota Family YMCA and Landis. Johnson wants to find more information about Landis’ foster home and why Kaitlin was placed there, her attorney said Wednesday.

“We don’t believe she was properly licensed to do what she was doing,” attorney Michele Stephan said of the foster home. “When you look at the conditions where the child was living, your heart goes out to this little baby.”

Kaitlin was born with a cocaine addiction and was immediately put into state custody even though Johnson had petitioned for custody, state records state.

Kaitlin went to Landis’ house when she was discharged from the hospital Feb. 6, 2006. She died 18 days later. Johnson’s request to visit her granddaughter and go on doctor’s visits was denied.

The death was ruled accidental, but could have been prevented if Landis had followed instructions to place infants on their backs to sleep, a death review team concluded.

An investigation showed Kaitlin’s sleeping bassinet had been placed inside a cluttered storage room. She had not been fed in 12 hours or given methadone that a doctor had prescribed.

Landis, who had completed 40 hours of training for caring for infants, also told investigators she had taken Kaitlin and another foster child in her care in a boat with no life preservers and left them in a car while she worked as a house cleaner.
Landis’ foster home was closed.

The YMCA sent staff to check on all homes with foster children under 2 years old and started a policy that senior management would review all foster care applications, the DCF said.

Both the YMCA and the DCF declined to comment about the lawsuit.
Landis could not be reached for comment.

The lawsuit comes at a time when the YMCA is restructuring after a string of criticisms from a state review team led the agency to give up a $49 million contract in Pinellas and Pasco counties. The YMCA still oversees foster care in Sarasota, Manatee and DeSoto counties.

The criticisms included the YMCA’s handling of a Manatee County girl who died from neglect in December.


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Marina
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Postby Marina » Tue May 06, 2008 3:39 pm

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http://deseretnews.com/dn/view/0,5143,695276259,00.html

Grandmother contests DCFS policy

By Geoffrey Fattah
Deseret News
Published: Sunday, May 4, 2008 12:30 a.m. MDT

A West Valley grandmother has filed a federal suit against the Utah Division of Child and Family Services, saying caseworkers intentionally kept her from consideration of taking custody of her grandchild.

In a suit filed in U.S. District Court Tuesday, V. Maurine Harward says DCFS officials failed to adequately train caseworkers regarding taking relatives of children into consideration first before sending them to live with foster families.

According to the suit, a child listed as "B.G." was taken from its mother's custody by court order at 18 months old by DCFS caseworkers. At the time, Harward says, the child was sheltered at her home with the consent of DCFS.

Sometime after April 2006, caseworkers removed "B.G." from Harward's home. Although she wanted to obtain kinship placement of her grandchild, she alleges DCFS caseworkers failed to notify the juvenile court. It wasn't until May 5, 2007, that the juvenile court was notified of the grandmother's desire, when she had an attorney enter an appearance on her behalf.

Until that time, Harward said she was told by caseworkers she was being considered for placement, even though the juvenile court was never told about her interest.

DCFS then further delayed placement by requiring that Harward pass a criminal background check, she said. Harward says she has an "unblemished" record.
By this time, DCFS workers said "B.G." already had developed a "secure attachment" with foster parents and said removing the child might present a risk.

Harward indicates she is seeking legal action because there is a chance her grandchild will be adopted.

DCFS spokeswoman Elizabeth Sollis said new federal requirements dictate that criminal background checks must be conducted on any noncustodial person seeking custody of a child.

As for allegations outlined in the suit, Sollis said DCFS cannot comment on pending litigation.

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Marina
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Postby Marina » Thu May 08, 2008 5:52 pm

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http://www.spokesmanreview.com/breaking ... p?ID=14855

State sued for placing foster child with sex offender

Alison Boggs
Staff writer
May 8, 2008


A Spokane man who says he was repeatedly sexually abused as a child in state foster care during the 1970s is suing the Washington Department of Social and Health Services, the state Department of Corrections and Spokane County for placing him with a convicted child molester.

Attorneys for Michael P. Smith, who was the subject of a Spokesman-Review series in September 2006, filed the lawsuit Wednesday in Spokane County Superior Court. Though the suit makes no specific monetary claim for damages, a separate tort claim estimates damages at $31ƒ|million because of permanent, debilitating psychological and emotional problems and Smith's inability to function in social settings, which makes him unemployable.

"The negligence is absolutely ridiculous," said Smith's attorney, William Gilbert. "The abuse was so extreme and outrageous. I've never seen anything like it."

Kristin Alexander, a spokeswoman for the state attorney general's office, said the agency couldn't comment on the case because it had not been assigned to an attorney. Spokane County attorneys also declined to comment, through spokeswoman Martha Lou Wheatley-Billeter, saying they hadn't seen the case.

At age 11, Smith was placed into the care of foster parent Gerald "Jerry" Duane Allen, a convicted sex offender who had been diagnosed by Department of Corrections psychiatric staff as a sexual psychopath, the lawsuit says.

Smith landed in the care of DSHS after a juvenile court charge of petty theft. He spent a short period of time at Morning Star Boys' Ranch and then was placed with Allen, who had been licensed by the state as a foster parent. He remained in Allen's care until he turned 18.

"During the time that Michael was a ward of the State of Washington under the supervision and care of licensed foster parent, Jerry Allen, Michael was severely and maliciously abused. He was raped, sodomized, physically assaulted and men tally abused over and over and over again," the lawsuit says.

DSHS is liable, the lawsuit says, because it issued a foster care license to a convicted sexual predator and diagnosed sexual psychopath; failed to conduct a preplacement investigation before placing Smith with Allen; failed to properly supervise Allen; and failed to protect Smith, a ward of the state, from a known child molester.

The lawsuit says the Department of Corrections' liability stems from allowing Allen to change a plea to not guilty following seven years of supervised probation related to charges of molesting children. Allen was sent to Eastern State Hospital, the region's psychiatric hospital, in 1963, following charges that he molested a 10-year-old boy, news reports show.

When released from probation in 1970, Allen requested that his guilty plea be changed to not guilty, a move allowed by the judge because of the report provided by the probation and parole officer, the lawsuit says. A lack of investigation by that probation and parole officer paved the way for Allen to molest more children, the suit alleges. "As a result, the court relinquished its limited control over Jerry Allen and he was free once again to molest little boys ¡V which he did," the suit says.

Spokane County juvenile probation officers participated in all court hearings involving Smith's placement with Allen, the suit says. The officers also monitored Smith throughout the time he lived with Allen and had a legal responsibility to investigate Smith's case and protect his interests, the suit says.

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Marina
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Postby Marina » Fri May 16, 2008 7:02 pm

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http://zanesvilletimesrecorder.com/apps ... /805160302

Drug test on baby leads to lawsuit

Mother suing Perry County Children's Services Board, case worker
By KATHY THOMPSON • Staff Writer • May 16, 2008


NEW LEXINGTON - A Somerset mother is suing Perry County Children's Services Board and case worker Rusty Smith claiming Smith ordered a drug test on her baby without her knowledge or permission.


According to the lawsuit filed by New Lexington attorney Aaron Miller, a baby girl was born on May 9, 2006, at Fairfield Medical Center in Lancaster to Colleen M. Moore.

Immediately after the baby's birth, the Fairfield Medical Center and a doctor performed a drug screen test on the baby, court documents state.

The drug screen was taken at the request of Perry County Children's Services and caseworker Rusty Smith without any complaint, allegation, open case or basis for the screen and without the consent of the parents, the lawsuit reads.

"Rusty Smith violated the parents' rights to be secure in their persons by requesting a medical care provider to conduct a drug screen without a reasonable basis to do so," the lawsuit contends.

When Smith was contacted by the Times Recorder, he said he could not talk about the lawsuit.

Steve Schnittke, attorney for the Perry County Children's Services, could not be reached for comment.

The lawsuit further states that Smith knew Moore was on misdemeanor probation in Perry County and that she had been subjected to random drug screens and had passed the tests.

The results of the drug screen on the baby were negative, the lawsuit states.

Prior to requesting the drug screen, Smith negligently failed to follow the policies and procedures of children's services and failed to investigate if a drug screen was warranted, the lawsuit contends.

As a result, Moore and the baby have suffered an invasion of their "medical privacy, suffered emotional distress and suffered an invasion of their personal privacy."

The lawsuit is asking for compensatory damages and for more than $75,000 along with reasonable attorney fees and costs of the lawsuit.

No response has been filed in court by Children's Services and no trial date has been set, court records show.

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Marina
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Postby Marina » Wed May 21, 2008 6:46 pm

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http://www.worldnetdaily.com/index.php? ... geId=64829

YOUR GOVERNMENT AT WORK
Court blasts state's strip-search of children
Social worker enters Christian school without cause, tells kids to remove clothing

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Posted: May 20, 2008
9:01 pm Eastern


By Chelsea Schilling
© 2008 WorldNetDaily


Two children who attended a private Christian school in Wisconsin were illegally strip-searched and had their constitutional rights violated by a state social worker, the Seventh Circuit Court of Appeals unanimously ruled Monday.

In Michael C. v. Gresbach, the court said state worker Dana Gresbach violated the children's Fourth Amendment rights to freedom from unreasonable search when she entered Good Hope Christian Academy in Milwaukee, Wis., had the children pulled from the classrooms and told them to remove their clothing when she suspected the parents of spanking in February 2004.

Stephen Crampton, vice president of legal affairs and general counsel for Liberty Counsel, represented the parents of 8-year-old Ian and 9-year-old Alexis when they sued the Bureau of Milwaukee Child Welfare and the caseworker.

"We are obviously pleased with the result, but candidly, we wish they had been more harsh on this renegade department that has ruined the lives of so many well-intentioned families already," he told WND.

Crampton said this type of overstep is common among social workers, and they often do not give it a second thought.

"The social worker performed these strip searches as a matter of routine, estimating that in perhaps one-half of the 300 or so cases she handled every year she subjected kids to a partial disrobing," he said. "In fact, she testified that she considered it so routine that she did not bother to discuss her intentions with her supervisor, even though she spoke to her on her way to the school."

The state had several social workers file affidavits saying they would have followed the same procedure. Crampton said, "That is an alarming admission, and we suspect you would find a similar pattern in social service offices all over America."

When Gresbach entered the school, she handed her business card to Principal Cheryl Reetz and told her she needed to see Ian and Alexis. Reetz asked the social worker if she could call the children's parents, but Gresbach refused to allow it, saying she would contact them at a later time. The principal then asked if she could remain in the room to observe the interview, but she was denied permission to do so.


According to court documents, state officials claimed they made efforts to speak with the parents and stepparents of the children, but the visits never occurred.

Crampton said the mindset of most social workers is that parents are the problem.

"They go to great lengths to lock parents out of the process, treating them as the enemy, and ultimately doing more harm than good by driving something of a wedge between the children and their parents," he said.

The social worker spent nearly 15 minutes alone in the room with each child. She searched Ian's wrists for bruising and asked him to pull up his shirt. He complied, and she examined his back for suspicious marks. Gresbach then privately inspected Alexis, asking her to pull down her tights and lift up her dress. The worker was unable to find any sign of injury on the children's bodies.

Gresbach's behavior is not a one-time incident uncommon among social workers. In Doe v. Carla Heck, the court addressed an eerily similar child abuse investigation where children's rights to freedom from unreasonable search were violated by the same state agency on the premises of another private educational facility.

"The problem almost always arises only in private schools," Crampton said. "Public schools, as agents of the government, routinely roll over and give social workers access to any student they wish to see, provide a room for them, and in short serve up our children on a platter, without bothering to contact parents," he said.

Gresbach claimed she was entitled to qualified immunity because her actions were reasonable under the Fourth Amendment; however, the court disagreed.

"We do not exempt child welfare workers from adhering to basic Fourth Amendment principles under non-exigent circumstances – to do so would be imprudent," the court stated. "… we do not believe that requiring a child welfare caseworker to act in accordance with basic Fourth Amendment principles is an undue burden on the child welfare system, particularly when it is necessary to conduct an examination of a child's body, which is undoubtedly 'frightening, humiliating and intrusive' to the child."

Crampton said Christian families have the freedom to follow scriptures in administering corporal punishment and should not have their rights violated by power-hungry government officials.

"That social workers and bureaucrats don't like it is no reason to allow the trampling of the constitutional rights of parents and their children," he said. "It is the high privilege and high responsibility of parents to oversee the care, custody and education of their children, not the state."


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Marina
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Postby Marina » Wed May 21, 2008 7:01 pm

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http://www.kjrh.com/news/local/story.as ... 3a&rss=701

Victim's family offered settlement from DHS

Last Update: 5/20 5:55 pm

A Tulsa family could get $160,000 from a state agency after a 2-year-old's death.

The Department of Human Services approved a settlement of $160,000 regarding a lawsuit involving the death of Keenan Taylor.

Keenan died three years ago after his father poured scalding hot water on him.
The organization that oversees DHS, says a caseworker didn't properly investigate earlier allegations of abuse by the father, and in one case, didn't even make contact with him.

Keenan's father, Carlis Ball, is serving two life sentences for murdering his son.


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Marina
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Postby Marina » Sat May 24, 2008 8:06 am

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http://www.nypost.com/seven/05232008/ne ... 112129.htm

PATCH GIRL'S BIRTH MOM IN $50M SUIT
By JAMIE SCHRAM

May 23, 2008 -- The biological mother of a 6-year-old Manhattan girl who died after her foster mom allegedly used a painkiller patch on her filed a $50 million notice of claim against the city yesterday.

Taylor Webster's death on May 18 was the result of "negligent supervision of the foster home . . . failure to provide the infant with a safe environment, negligent selection and placement," according to legal papers filed in Manhattan Supreme Court.

Howard Sanders, lawyer for biological mom Michelle Gochenaur, said the suit would also name the Administration for Children's Services and the foster-care agency Good Shepherd Service.

An ACS spokeswoman referred calls to the city's Law Department, whose rep would say only that it would review the legal papers upon receipt.

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Marina
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Postby Marina » Sat Jun 07, 2008 8:43 am

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http://www.sun-sentinel.com/news/local/ ... ?track=rss

State agrees to pay $850,000 to former Lauderdale Lakes foster child

By Jon Burstein | South Florida Sun-Sentinel
11:01 PM EDT, June 4, 2008


The state Department of Children & Families has reached an $850,000 settlement with a man who said he was sexually abused as a child at a now-defunct foster home in Lauderdale Lakes.

The agreement comes more than nine years after the state closed the foster home of Jim and Jo Ann Calhoun amid accusations that children inside were sexually preying on each other. The Inspector General's Office of DCF later condemned the agency's handling of abuse reports from the home, finding that children had been left there even though employees knew they were at risk.

The state has paid nearly $2.1 million in settlements to five former Calhoun home residents, and three others have cases pending in Broward County and federal courts. The state has spent an additional $1.6 million in attorneys' fees and legal costs, according to the Florida Department of Financial Services.

"We are very hopeful that the state will utilize its resources in resolving these [final] cases rather than waste them on defending the cases," said Howard Talenfeld, one of the attorneys representing former residents of the Calhoun home.



DCF Southeast Regional Director Jack Moss said department Secretary Bob Butterworth wants the agency to make a fresh start and resolve as many pending court cases as possible.

"We are especially committed to acknowledging and helping families move forward in their lives," Moss said. "As you can see from this case, the department could have and should have done more and we didn't. This settlement is the right thing to do."

Attorneys for the former Calhoun foster children argue in court documents that for much of the 1990s, DCF created an "epidemic of institutionalized sexual abuse" by placing sexually aggressive children in overcrowded foster homes. The Calhoun foster home was licensed between 1990 and 1999 for two foster children. By 1998, there were as many 12 in the home with up to four boys per bedroom, according to court records.

Many of those children had mental problems and histories of being sexually abused or sexually abusing others.

The former foster child who reached the most recent settlement was 11 years old when he arrived at the Calhoun home. The now 21-year-old man said that within three months of his arrival, another resident coerced him into sexual activity, according to court records.

Reached by telephone Tuesday, Jim Calhoun declined to comment on the cases. When DCF removed the foster children from the home in March 1999, Jo Ann Calhoun denied that any had been mistreated.

"I love my kids with all my heart," she said. "They don't know anything other than they're safe and secure here."

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Marina
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Postby Marina » Tue Jun 17, 2008 6:57 pm

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http://www.pittsburghlive.com/x/pittsbu ... ss&feed=11

Father's suit seeks to prevent losing children to foster care

By Liz Zemba
TRIBUNE-REVIEW
Tuesday, June 17, 2008


A Fayette County man who admits to consensual sex with his children's 16-year-old baby sitter has filed a federal civil rights lawsuit seeking to prevent the county Children and Youth Services from placing his children in foster care.
Through attorneys with the American Civil Liberties Foundation of Pennsylvania, the unidentified Smithfield man has asked that the agency's 25-year-old policy prohibiting alleged sex abusers from having contact with their own children be declared unconstitutional. The man has never been criminally charged with abusing the teen or his own children, according to the lawsuit.

The lawsuit, which was filed Monday in U.S. District Court in Pittsburgh, identifies the man only as "John Doe" to shield the identities of his children, who are ages 5, 6 and 8. Named as defendants are the children's agency and its administrator, David Madison.

Madison declined comment because he has not seen the lawsuit.


According to the lawsuit, Doe is a 29-year-old garbage collector who admits to having formed a romantic relationship in 2006 with a minor female who is identified in the lawsuit only by the initials "K.K."
The girl had baby-sat for Doe, who became his children's primary caregiver in 2005.

The children's mother, who is not identified in the lawsuit, has been hospitalized at Torrrance State Hospital since February.

The baby sitter's mother called police and the children's agency after learning of the sexual relationship between the man and the baby sitter. Police investigated but filed no charges because the girl was the age of legal consent in Pennsylvania, according to the lawsuit.

But a CYS caseworker found in November 2006 that there was "substantial evidence" of sexual abuse of K.K., according to the lawsuit. Doe appealed the finding to the state Department of Public Welfare. No ruling has been issued.

Doe denied sexually abusing the baby sitter, but agreed in September 2006 to place his children in his parents' care after the county agency threatened to put them in foster care, according to the lawsuit.

He was allowed supervised visits until August 2007, when a new caseworker took over. That caseworker, according to the lawsuit, said the visits were prohibited because Doe "had been indicated as a perpetrator of sexual abuse."

Doe claims the children's agency "coerced" him into waiving his constitutional rights "by threatening to take his children into state custody if he did not place his children with his parents and desist from communicating with them in any fashion."

He has had no communication with his children for nearly a year, according to the lawsuit.

Claiming the youth agency has violated his Fourteenth Amendment right to due process and his First Amendment right to "familial association," Doe wants a temporary restraining order prohibiting the agency from placing his children in foster care.

He wants the court to declare unconstitutional the agency's policy that prohibits "alleged, indicated and founded perpetrators of sexual abuse from living with or having any contact with their children without any individualized suspicion of abuse or likelihood of abuse."


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Marina
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Postby Marina » Thu Jun 19, 2008 7:22 pm

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http://www.lasvegasnow.com/global/story.asp?s=8454880

Colleen McCarty, Investigative Reporter
I-Team: Judge Rejects Argument in Child Welfare Case

Updated: June 9, 2008 10:04 PM EDT






A federal lawsuit facing Clark County's child welfare system will not become a class action. Monday, a judge rejected the argument that all children in the county's care were at risk.

The judge acknowledged the children named in the lawsuit may have suffered as wards of the county. But he did not accept the argument those 10 cases were representative of all of the children in foster care which is 4,000 or so.

Attorneys for The National Center For Youth Law, a California-based child advocacy system, argued all foster kids in Clark County are at risk of abuse or neglect because of system wide failures.

They noted two former managers with the State Department of Child and Family Services offered evidence to support that position. The judge however insisted there was not enough statistical information to support a class action.

"You lose a battle but we haven't lost the war, and these kids, the 4,000 kids in foster care, deserve our commitment to them. We made a commitment to them, and we're going to follow through until they get the relief they're entitled to," said Bill Grimm, National Center for Youth Law.

The judge did order Clark County to turn over the records related to more than 1,000 abuse allegations against licensed caregivers -- foster parents among them. The county had argued doing so would violate state privacy laws.

The National Center for Youth Law said it believes those records will provide additional evidence of abuse. If that's the case, it says it may again ask the court to proceed with a class action.

If not, it will move forward on behalf of the children already included in the lawsuit.

Clark County declined to comment because of the on-going litigation.

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Marina
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Postby Marina » Sun Jun 22, 2008 3:55 pm

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http://www.azstarnet.com/sn/metro/244805.php

Tucson Region
State to pay $1M over 2 kids' deaths
Mother sued CPS, saying it failed in oversight; father, girlfriend are accused of killing them

By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 06.21.2008


The mother of two small children who were killed two years ago has settled her lawsuit against Arizona's Child Protective Services for $1 million.
The lawsuit was settled in May but finalized on Wednesday, said Jamie Hallam's attorney, Jorge Franco Jr. of Phoenix.
Hallam filed the lawsuit against CPS and the Tucson Police Department in February in Maricopa County Superior Court.
The lawsuit contended that even though Hallam had been given sole custody of Ariana Payne, 4, and Tyler Payne, 5, CPS allowed their father, Christopher Payne, 30, to keep them. Payne, along with his girlfriend, Reina Gonzales, 24, are accused of killing the children and could face the death penalty if convicted.
Ariana's remains were found in a plastic storage tub on Feb. 18, 2007, after the manager of a self-storage business near East Prince Road and North First Avenue called police to report a foul odor. Tyler's remains never have been found, but police believe he is dead.
The lawsuit says that CPS officials never investigated Payne or Gonzales, or checked on the children's well-being. If they had, they would have discovered that Payne physically abused Gonzales and he had been arrested on a drug-paraphernalia charge while the children lived with him.
Although the state did not admit wrongdoing as part of the settlement, Franco noted the lawsuit was settled faster than is typical.
"The reality is it's $1 million. It's a significant settlement, and no one pays that amount of money unless they fear a jury will find them at fault," Franco said.
"On the one hand, the settlement was unexpected because I've never seen it happen where the state offers to pay (the amount you demand). Normally it's a hard-fought battle. On the other hand, it's not unexpected given the facts of the case," Franco said.
Hallam is thinking about using a portion of the funds to continue her education, Franco said.
The portion of the lawsuit pertaining to the Tucson Police Department is ongoing, Franco said.
In other recent developments, Gonzales was in court Thursday for the first day of a three-day hearing to determine if she is eligible for the death penalty.
Denis Keyes, an associate professor of special education at the College of Charleston in Charleston, S.C., testified he believes Gonzales is mentally retarded and therefore ineligible for the death penalty.
His decision was based on a variety of tests conducted by other doctors and interviews he conducted with Gonzales, her mother and three former teachers.
Keyes testified that although Gonzales reads at a seventh-grade level, she functions at a third-to-fourth grade level in most other areas. In addition, Keyes said, Gonzales has "adaptive skills deficits."
In order for someone to be mentally retarded, they have to have a low IQ and adaptive skills deficits. They must also have exhibited intellectual deficits before the age of 18.
Keyes explained Gonzales has difficulty with abstract thinking, concentrating, impulsive behavior and coping. If living alone, Gonzales would have difficulty managing her money, maintaining a home and problem solving.
Gonzales can count out $3.64 in change, but when given a $10 bill can't make change if the item cost $3.64, Keyes said.
"If she's in a group of 100 people, she'll be the lowest person in terms of functioning," Keyes said.
Typically, mentally retarded people such as Gonzales are people-pleasers who are gullible, naive and subject to being victimized, Keyes said.
Under cross-examination from Deputy Pima County Attorney Susan Eazer, Keyes acknowledged he did not ask Gonzales questions about her day-to-day living.
For example, they didn't discuss how she cared for her toddler son, the various jobs she held, how she got to work, doing laundry, cooking and going grocery shopping, Keyes said.
They also didn't discuss the fact Gonzales supplemented her income by selling drugs, Keyes said.
Pima County Superior Court Judge Paul Tang will hear more testimony next month before rendering a decision.

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Marina
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Postby Marina » Mon Jun 30, 2008 7:57 pm

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http://www.winknews.com/news/local/21817669.html

A father's fight for justice
By Nicole Papageorge

Story Created: Jun 26, 2008 at 5:58 PM EDT

Story Updated: Jun 26, 2008 at 7:23 PM EDT

CHARLOTTE COUNTY, Fla. - The father of 2-year-old Shane Poling Jr., who died in 2002 while in the care of the Department of Children and Families wants to be compensated for his son's death.

"It makes you feel like they got away with murder," says Shane Poling Sr.

in 2002, Shane Poling Jr., was rushed to the hospital after his mother said he fell off the couch and hit his head.

DCF documents show his mother, 20-year-old Holly Burdell was being investigated for child abuse.

"Oh, I blew a gasket," says Poling Sr. "I was mad and now I want to know how somebody who was under investigation for child abuse could let this happen to my son."

Shane Sr. says DCF should have removed the child from the mother's care because records indicated he was being abused. But, he wasn't removed from the home.

A court ruled in favor of DCF agreeing they weren't liable for the mistake of an employee. Shane Sr., says that is unacceptable. It's been five years after his son's death and he still wants justice.

"I want the people involved in my son's murder held accountable for it," says Poling Sr.

Burdell was arrested in 2006 for child abuse. Those charges were later dropped.

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Marina
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Postby Marina » Tue Jul 01, 2008 4:10 pm

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http://newsok.com/dhs-sued-over-tulsa-f ... le/3264424

Tue July 1, 2008
DHS sued over Tulsa foster child's treatment


By The Associated Press
TULSA --The state Department of Human Services is being sued by the family of a boy who was placed in the foster care of a former Tulsa school teacher.


The lawsuit claims foster parent William Hunter Jr. repeatedly and inappropriately touched the boy, watched him bathe and gave him sleeping pills.

It also says Hunter obtained a library card in the boy's name and used it to view pornography at the Tulsa Public Library.

Hunter isn't named in the lawsuit but is currently in jail on a felony peeping Tom charge.

He's accused of setting up a video camera in an air vent in the boys bathroom at Springdale Elementary School where he taught before resigning in June 2007.

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Marina
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Postby Marina » Tue Jul 01, 2008 4:14 pm

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http://www2.tbo.com/content/2008/jul/01 ... news-metro

Mother Sues DCF In Child's Death


By RAY REYES

The Tampa Tribune

Published: July 1, 2008

TAMPA - TAMPA - The biological mother of an 11-year-old girl who died in foster care is suing the Department of Children & Families and other agencies for negligence, according to a complaint filed Friday in civil court.

Vernette Pritchett alleges that her daughter, Rikka Pinckney, was "repeatedly abused" and "eventually died when another foster child or children in the same home smothered her and suffocated her to death," according to the lawsuit.

"It's sad; it's really sad," said Adam Brum, the Tampa attorney representing Rikka's family. "It's a tragedy. This is something that never should have happened."

DCF officials could not be reached Monday.

But in December, DCF officials said in a written statement that Florida Mentor - the agency responsible for recommending and licensing foster parents - conducted an internal review and implemented a plan that included personnel changes and increased training.

Rikka, who had Down syndrome, died in June 2006 when she was under the care of foster parent Delores Wilson of Town 'N Country.

A 13-year-old foster child sharing the bedroom told authorities she used a pillow to smother Rikka, according to a Dec. 13 Tampa Tribune story.

The state attorney's office cleared Wilson of any criminal wrongdoing in June 2007. Prosecutors also declined to pursue charges against the 13-year-old and a 16-year-old.

The initial autopsy on Rikka concluded that she died from congenital heart failure associated with Down syndrome, according to the Hillsborough County Medical Examiner's Office.

After the 13-year-old girl told authorities she smothered Rikka, the findings were amended and the official cause of death is listed as "undetermined."

Other than DCF, Florida Mentor and Wilson, seven other agencies - including Hillsborough Kids Inc. - are being sued by Pritchett, who is seeking damages for Rikka's medical expenses, the loss of her daughter's companionship and "mental pain and suffering."

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Marina
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Postby Marina » Sun Jul 06, 2008 4:29 pm

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http://www.nbcaugusta.com/news/local/23126454.html

Award to attorneys in Georgia foster care suit upheld



Story Published: Jul 4, 2008 at 12:34 PM EDT
Story Updated: Jul 4, 2008 at 12:37 PM EDT


ATLANTA (AP)- A federal appeals court says Georgia must pay $10.5 million to attorneys who filed a lawsuit that prompted changes to the state's foster care system.

The 11th U.S. Circuit Court of Appeals in Atlanta upheld Thursday the award that was previously issued by a lower court judge.

The case, which was settled in 2005, prompted the state to reduce worker case loads, improve investigations into abuse and prevent overcrowding in foster homes.

A three-judge panel of the appeals court says prior court precedent forced it to uphold the $4.5 million enhancement on top of $6 million in fees and expenses that was awarded to the plaintiffs' attorneys by U.S. District Judge Marvin Shoob.

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