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Archive for the ‘Foster Care’ Category

Expert: LA child welfare system tied up with ‘huge number of false allegations’

Sunday, September 20th, 2009 by Glenn Sacks, MA, Executive Director

“Gerardo R., as he is known in court documents, never beat his children. He did not torture them or stab them or brutalize them. He was a loving father who’d always been a part of his children’s lives — and when their mother lost custody, he immediately stepped forward. But he had to fight for his children’s right to live with him.

“Why? Because he was unable to afford housing deemed satisfactory to the Los Angeles County Department of Children and Family Services. For that, his children were denied the chance to live with their father and even had their right to have him in their lives terminated forever, until a California appellate court intervened.”

Richard Wexler, Executive Director of the National Coalition for Child Protection, has an interesting commentary on the problems with the Los Angeles child welfare system, saying the system is being tied up with “a huge number of false allegations, trivial cases and cases in which family poverty is confused with neglect.”

I would imagine that most of the false allegations are made in custody battles, and it’s one more example of how the truly abused are harmed when people use false abuse claims to manipulate the system for personal gain.

From Wexler’s L.A.’s beleaguered foster care kids (Los Angeles Times 9/16/09):

Contrary to the stereotype, most parents who lose their children to the county and to foster care are nothing like the sadists and brutes who make headlines. Tragedies like the ones this summer — in which two youngsters, Dae’von Bailey and Lars Sanchez, were killed within family units that the county had evaluated — are rare. Far more common are cases in which parental poverty is confused with parental neglect. Other cases fall squarely between the extremes, the parents neither all victim nor all villain.

As it turns out, it is a serious mistake to pull children out of their homes just because their parents are poor or imperfect, just as it is a mistake to leave them in homes where parents are dangerous brutes. A landmark study of 15,000 typical foster care cases showed that children placed in foster care usually fared worse in later life than comparably maltreated children left in their own homes.

The foster children were more likely to commit crimes, more likely to become pregnant as teenagers and less likely to be able to hold a job as young adults. Another study found that only one in five former foster children was doing well as a young adult. That’s not really surprising, considering that foster children often bounce from placement to placement, emerging years later unable to love or trust anyone.

These everyday horrors of foster care don’t get much notice; they accumulate over years, and they are often hidden by confidentiality laws that protect not the children but the child welfare system itself. So the public, understandably, assumes that the only mistake the system makes is to keep children in dangerous homes.

In fact, agencies like the Department of Children and Family Services can be arbitrary, capricious and cruel. They do indeed leave some children in dangerous homes, even as they take more children from homes that are safe or could be made safe with the right kinds of help.

The two errors are directly related.

When children are left in dangerous homes, it’s almost always because a caseworker didn’t have the time to talk to one more witness, make one more phone call to law enforcement or check another record. What’s overwhelming those workers is a huge number of false allegations, trivial cases and cases in which family poverty is confused with neglect. By the time the court cases were finished, the county had spent years keeping Gerardo R.’s family apart — time, in effect, stolen from other cases and other children who could have been in real danger.

Read the full piece here.

Outrage: Boy Languishes in Orphanage as Italian Courts Refuse to Return Him to His American Dad

Monday, August 17th, 2009 by Glenn Sacks, MA, Executive Director
mccarty

Michael McCarty, father of Liam

When a mother and father are divorced or separated, and a child welfare agency removes the children from the mother’s home for abuse or neglect, an offer of placement to the father, barring unfitness, should be automatic. Yet in the report What About the Dads?, the Urban Institute presents a shocking finding: when fathers inform child welfare officials that they would like their children to live with them, the agencies seek to place the children with their fathers only 15% of the time.

We’ve often discussed this issue. In my co-authored column Choosing Foster Parents over Fathers (San Diego Union-Tribune, 7/11/07) I detailed the heartbreaking Melinda Smith case, in which a San Diego father and daughter were needlessly separated by the foster care system for over a decade. I wrote:

Smith was born to an unwed couple in 1988. Her father, Thomas Marion Smith, a former Marine and a decorated Vietnam War veteran, saw Melinda often and paid child support. When the girl was four, her mother abruptly moved without leaving a forwarding address. Two years later, Los Angeles County Department of Children and Family Services found that Melinda’s mother was abusing her. Though the social worker for the case noted in the file that Thomas was the father, he was never contacted, and his then 6-year-old daughter was placed in the foster care system.

Michael & Liam

Thomas–whose fitness as a father was never impugned nor legally questioned–continued to receive and pay his child support bills. Authorities refused to disclose his daughter’s whereabouts, and didn’t even inform him that his daughter had been taken by the County. Smith employed private investigators and attorneys to try to find Melinda and secure visitation rights, but he eventually ran out of money.

Rather than allowing Smith to raise his own daughter, the system shuttled Melinda through seven different foster care placements. An understandably angry child, her outbursts led authorities to house her in a residential treatment center alongside older children convicted of criminal activity—when she was only seven years old.

Melinda says that during this period she was told that her father was a “deadbeat dad” who had abandoned her. When Melinda was 16, she told an investigating social worker that the “most important thing” for her was to find her dad. Moved by her story, the social worker began searching for Melinda’s father–and found him in one day.  In 2005, Thomas and Melinda were finally reunited.

Unfortunately, the Smith case is no aberration…What About the Dads? makes it clear that many child welfare workers treat fathers as an afterthought. The report found that even when a caseworker had been in contact with a child’s father, the caseworker was still five times less likely to know basic information about the father than about the mother. Just as with Thomas Smith, 20% of the fathers whose identity and location were known by the child welfare agencies from the opening of the case were never even contacted.

A new case, involving American father Michael McCarty and his 7-year-old son Liam Gabriele McCarty (pictured, right) is similar, and just as appalling. In American father Michael McCarty fights to rescue his son from an Italian orphanage (8/17/09) Examiner.com columnist Barbara Thompson, a frequent commenter on www.GlennSacks.com, writes:

In 2007, Liam McCarty was kidnapped by his mother and taken out of the country in violation of a NY court order. After arriving in Italy, Italian officials determined that she was an unfit mother and placed the boy in an orphanage. For more than two years, Michael McCarty, who has sole legal and physical custody of young Liam, has fought to bring his son home.

In 2007, Michael McCarty and Manuela Antonelli were involved in a nasty custody battle over Liam in New York where the family resided.

Antonelli had made numerous allegations of abuse against McCarty but investigations by the NYPD, New York District Attorney’s Office, Children’s Services, and numerous court-appointed mental health professionals all found the accusations to be “unfounded,” “baseless,” and “false.”

Antonelli was diagnosed with severe personality disorders and was determined to be an unfit parent. Sole legal and physical custody was awarded to McCarty, an order was issued that Liam not be taken out of the United States, and a judicial finding of parental alienation was made against the mother.

On March 5, 2007, Manuela Antonelli picked her son up from kindergarten and fled the country in direct violation of the court orders. She returned with the boy to her native Italy where she continued to make accusations of abuse against McCarty.

According to the Hague Convention, Italian officials should have returned Liam to the US where his father had legal custody. For some reason, they did not, setting off a battle in Italian courts.

For nearly two years, Michael McCarty was denied any access to his son. Eventually, the Italian courts came to the conclusion on their own that Antonelli’s accusations were false and that she was a danger to Liam. Still, instead of returning the boy to his father, Italian Social Services assumed custody and Liam was placed in an orphanage.

Over the past few months, Michael McCarty has been able to visit his son in the orphanage under strict supervision, but there is no word on when he will be able to bring the boy home. McCarty says he is concerned that his son’s condition seems to be deteriorating while the case is tied up in Italian courts.

Manuela Antonelli is wanted by the FBI and Interpol but Italy has refused to extradite her. She is still on the run.

Like David Goldman and hundreds of other parents of abducted children, Michael McCarty has sworn to never give up the fight to bring his son home. He has set up a website to tell his story and accept donations to fund his ongoing legal battle and travel to visit his son.

Fox News did an excellent interview with Michael McCarty–to watch, click on A Father’s Tale: Dad Fights for Kidnapped Son (8/17/09). McCarty’s website is http://www.saveliam.org.

Action Alert: Does Dear Abby Believe Kids Need Foster Care Before Their Fathers?

Friday, June 12th, 2009 by Glenn Sacks, MA, Executive Director

It may well be just a case of careless wording. I hope it is. But Dear Abby’s June 12 column implies that if a mother isn’t taking care of her children properly, putting them in foster care is a more viable option than placement with their father. From Mom’s careless spending may cost children their home:

Dear Abby: My sister has five children, all younger than 18. She has full custody and receives child support every month from her ex-husband. The problem is, she has been spending that money on her boyfriends instead of her children. Because of it, they have been homeless twice, and it may happen again. The only person in that household with a steady job is the oldest, but he can’t support all of them by himself. How can I make my sister see how irresponsible and immature she is? - Alarmed Auntie in D.C.

Dear Alarmed Auntie: Your sister’s behavior is not only irresponsible, but also detrimental to the welfare of her children. If it’s possible, contact their father and let him know what has been going on. Also contact Child Protective Services because although foster care is not ideal, it would be better than what’s going on.

So we have an identifiable father (who also pays child support every month), yet while Abby does recommend “contacting” him “if possible,” she seems to hold out foster care placement as an apparently better (or equally viable) option.

I don’t think this is what Abby really believes, but it is important for her to clarify that she believes fathers come before foster care. Write to her asking her to do so by clicking here.

This problem is very real. Research shows that when children of broken families are abused by their mothers, the child welfare system often places them into the foster care system instead of with their dads. To learn more, see my co-authored column Choosing Foster Parents over Fathers (San Diego Union-Tribune, 7/11/07).

Baseball Player Getting Shook Down for Ex-Wife’s Attorney’s Padded Legal Fees?

Monday, June 1st, 2009 by Glenn Sacks, MA, Executive Director

Washington Nationals outfielder Elijah Dukes seems to be making an effort to put his problems behind him, but the troubled ballplayer certainly has not been a poster boy for fatherhood. Nevertheless, there’s something noteworthy about the latest in his financial battle with his ex-wife.

From Dukes Faces Possible Jail Time for Legal Fees (Washington Post, 5/29/09):

Hillsborough (Fla.) Circuit Court Judge Mark Wolfe on Friday ordered that [Washington Nationals outfielder Elijah] Dukes, 24, must pay $39,767 in outstanding legal fees for his estranged wife’s attorneys. If he doesn’t make the payment by June 5 at 5 p.m., he could face 90 days in jail.

Dukes did not attend today’s hearing, which came after attorneys for NiShea Dukes filed a motion for civil contempt, a means to claim unpaid fees.

Dukes, with a history of legal trouble, faced a similarly-sized debt — and a similar threat for jail time — in January.

Then, however, he was responsible for some $40,000 in unpaid child support and alimony payments. Dukes avoided jail by making the payments.

“He waited last time until the very last second to make the payment, and I’m sure this time will be no different,” said Rick Escobar, an attorney who represents NiShea Dukes…

Dukes’s attorney, Grady Irvin, said that his client would make the payment and avoid jail time.

The Nationals, who are paying Dukes $411,500 this season, currently deduct a monthly sum from his salary and allocate it for child support. NiShea Dukes has three children with Elijah…

“Listen, Elijah is having a pretty good season,” Irvin said. “He is doing well. He is current on his child support. His wife, NiShea, will go to any length to smear him. She won’t even grant a divorce. Elijah has been trying to get a divorce. All this is over attorney’s fees. This is not child support. If Elijah Dukes isn’t paying child support, it’s a different story.”

I don’t know if Dukes’ attorney’s version of the story is accurate or not, but this business of jailing men for not paying their ex-wife’s attorneys’ fees is troubling for several reasons.

One, of course, is that the attorneys’ task is usually to minimize the father’s role in his children’s lives as much as possible. Dads are thus compelled to pay to have someone demean them as fathers and drive them away from their children.

Another is that when the attorney has a high-earner on the hook, he’ll drag the case out and pad his bills. Dukes’ attorney claims the ex-wife’s attorney is doing this here. I don’t know if this is true, but I’ve certainly seen it in many cases.

Readers may recall that this was an issue in the case of one Fathers & Families member whose case was recently profiled on the front page of the Boston Globe. The gentleman is in the real estate business and fell behind on his child support. He was jailed for 30 days for being behind on his child support and the money he owed his ex-wife’s attorney–to read more, click here.

A Small–and Lucky–Victory

Monday, January 12th, 2009 by Robert Franklin, Esq.

Bellville, OH–But a victory nevertheless.

Back in June, an Ohio woman, Tabitha Potter, left the little girl shown above in a storage container outside the First Baptist Church of Bellville.  She was less than one day old.  Through some miracle the little girl didn’t die and spent the next three weeks in the hospital before being placed in foster care.

Another miracle occurred when Potter’s relatives told friends of Jason Wilkins he might be the father.  Wilkins found an attorney and got a DNA test which proved he was.

But of course as things go in so many family court systems in this country, that didn’t mean he had any rights to the child.  Children Services of Richland County didn’t want the child removed from foster care.  I mean, why trust the actual father, who is not only ready, willing and able but “excited” about the prospect of caring for his daughter, when you can find strangers to do the job?

But lo and behold, it looks like Wilkins will get custody after all.  The court has given him the right to visit the little girl, now named Madalyn Grace, for the purpose of father-child bonding.  The judge in the case now anticipates that Children Services will relent and recommend that Wilkins be given custody of his child.

Meanwhile Potter has been charged with two misdemeanor counts stemming from her abandonment of Madalyn Grace.  Ohio is one of many states with a “safe haven” law.  Under it, mothers may turn over a newborn infant to EMS, police or a hospital within 72 hours of birth without any legal consequences.  Apparently even this was beyond the mother who simply left the child in front of a church to survive or die as fate willed.

Reading between the lines of these articles, it’s easy to see how close Wilkins came to losing his daughter.  First, she could have died there in her box outside the church.  Second, Children Services apparently had neither the obligation nor the inclination to locate Wilkins.  As they saw it, their job was to find an appropriate set of foster parents and let it go at that.  It was just luck that he ever learned about his daughter.

Third, Wilkins’ attorney said “Jason had trouble getting a paternity test.”  Now why would that be?  Why would a man, claiming to be the child’s father and desiring custody have trouble getting permission to do the one thing necessary to prove paternity?  You’d think the court and Childrens Services would welcome such an event.  Apparently not.  As usual, single fathers are perceived to be a dangerous impediment to placing the child for adoption.

But for now at least it seems that, come January 12, Jason Wilkins and Madalyn Grace will begin their life together.  And that’s a victory - a big one - for them both.

Taxpayers of the UK - It's Your Money

Thursday, January 8th, 2009 by Robert Franklin, Esq.

 

“Mrs. Williams, who waived her right to anonymity, said: ‘None can bear to have us out of their sight because they think we won’t come back. They believe they were taken into care because we didn’t love or want them anymore.” (Daily Mail, 12/23/08)

Los Angeles, CA–In this story , UK’s version of child protective services took custody of a couple’s children on trumped up charges of sexual abuse.  Tim and Gina Williams’ three children were placed in separate foster homes for two years before authorities admitted they had made a mistake.  The Williams then sued the town council and medical authorities.  All parties recently agreed to an unspecified six-figure settlement.

But no one believes the money will make right what these state crusaders did wrong.  As Mrs. Williams makes clear, the children, who have been back with their parents and each other for over two years, still suffer the effects of social services’ wrongful intervention.

Thanks to Bruce for the heads-up.

Yet Another Parental Kidnapping

Thursday, January 8th, 2009 by Robert Franklin, Esq.

Los Angeles, CA–Read this one carefully.  The case originated in Maryland 10 years ago.  The father, Donald Wiswell was about to be awarded custody of his son, then aged 4 years, when the mother, Tamara Kennedy absconded with the boy to Mexico. 

Fast forward 10 years and she’s finally caught by Mexican authorities for being in the country illegally.  They send her and the boy to Houston where she’s in ICE custody.  Wiswell is informed and he flies immediately to Houston to finally assume the custody the judge was going to order back in 1998.

So what happens?  The child is placed in foster care.  Why?  Apparently Kennedy made some allegations against Wiswell and why would anyone question her word?  Yes, she seems to be a multiple law breaker, but why worry about that?  Of course the Maryland judge thought Wiswell could be trusted with custody, but what does he/she know?

Will the dad finally get custody?  Will Kennedy go to jail?  Will she pay compensation for her many clear violations of Wiswell’s parental rights?  Stay tuned.

Nice piece on foster child grown up

Monday, December 22nd, 2008 by Robert Franklin, Esq.

Santa Cruz, CA–This is a nice article on a UC Santa Cruz graduate who took a hard road to get to where he is and now mentors others in his position. (UCSC Review, Winter, 2008-09).

Thanks to Andy for sending it in.

I Discuss Our Elian II Campaign on the Maria Sanchez Show

Saturday, November 3rd, 2007 by Glenn Sacks, MA, Executive Director

Background: I recently partnered with Dr. Ned Holstein and Fathers & Families in a campaign to protest Florida Department of Children & Families’ actions in the “Elian Gonzalez II” case in Miami. In that case, Rafael Izquierdo, a fit, loving father, has faced numerous obstacles to reunite with his 5-year-old daughter.

Thousands of you answered our call to action, and the campaign has been covered or cited in hundreds of newspapers. Florida DCF, to its credit, met with us. To learn more or to join our campaign, click here.

I discussed our Elian Gonzalez II Campaign on the Maria Sanchez Morning Show on KKZZ AM 1590 in Ventura, CA yesterday. The audio of the interview is available–to listen, click here or on the audio button below.

Elian II Campaign Update: Florida Governor Charlie Crist Sends Letter to Protesters

Friday, November 2nd, 2007 by Glenn Sacks, MA, Executive Director

Background: I recently partnered with Dr. Ned Holstein and Fathers & Families in a campaign to protest Florida Department of Children & Families’ actions in the “Elian Gonzalez II” case in Miami. In that case, Rafael Izquierdo, a fit, loving father, has faced numerous obstacles to reunite with his 5-year-old daughter.

Thousands of you answered our call to action, and the campaign has been covered or cited in hundreds of newspapers. Florida DCF, to its credit, met with us last week. To learn more or to join our campaign, click here.

Florida Governor Charlie Crist (pictured) has sent out the letter below to those who have joined our protest campaign. We knew, of course, that he couldn’t discuss the Izquierdo case directly, but our larger concern is the child welfare system’s disregard for fathers, an issue Crist’s letter doesn’t address.

To be fair, I’ll give Crist credit for responding, and also for acknowledging to the press that it has been a sizeable protest campaign. I suspect that one reason DCF has acted as it has is that Governor Crist seeks the loyalty, votes, and campaign donations of the large Cuban-American community. Crist (correctly) sees defeating Rafael Izquierdo and keeping his five-year-old girl in the US against his will as a way to win Cuban-American votes. In Florida, sticking it to Cuba’s government is a crowd-pleaser, similar to the way politicians win popularity by beating up on “deadbeat dads.”

Crist’s letter is below.

Thank you for contacting Governor Charlie Crist. The Governor appreciates your concerns about the Izquierdo child custody case and asked me to respond on his behalf.

Governor Crist wants to know how people feel about the many critical issues we face. Rest assured, the Governor is committed to ensuring the safety and well-being of all children in Florida. The Department of Children and Families is charged with assisting abused and neglected children. The department does this by providing support services to children and their families, and, in some cases, by providing a place outside of the home for children to live while their family problems are resolved in the courts.

Governor Crist appreciates your sharing suggestions for changes to the department’s procedures. It is our understanding the Department of Children and Families has communicated with Dr. Ned Holstein to discuss these very issues.

Thank you again for contacting the Governor’s office. Please do not hesitate to write in the future to share your concerns about issues that are important to you.

Sincerely,

Warren Davis
Office of Citizen Services