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Saliel Jalassa Aplin 12-year-old 

 Died December 2001

He said this inevitably raised questions about the CYFS handling of the case.

Saliel and Olympia were murdered in their beds by step-father Bruce Howse, following a note written by Olympia in her diary just a week before her death that "my father is going to kill me". An inquiry by the Commissioner for Children unearthed a litany of failures on the part of CYF. Established procedures and practices were not followed, new notifications were not entered, the practice manager was not consulted, and allegations of sexual abuse, despite being recanted, were not investigated. The social worker involved was over-familiar with the family and was desensitised to the level of violence and neglect that was occurring. No single agency was aware of all of the facts of the case, and the interests of the adults became the focus at the expense of those of the children.

The Chair of the Family Law Section (which represents family lawyers), David Burns, said today that the deaths of 12-year-old Saliel Aplin and her 11-year-old sister Olympia Jetson were two more in what was becoming a long list of deaths of children who have in common a long history with the Child Youth and Family Services and, apparently, other agencies.

He said this inevitably raised questions about the CYFS handling of the case.

"The Section recognises that there are resource issues but these should not be confused with issues relating to competent social work. We note that the CYFS review of the case, which it started in April, was suspended at the request of the Crown solicitor while the court action proceeded. "

Mr Burns said from the details that have come out in the criminal case it seemed likely that there were areas where CYFS management of the case was lacking.

"The Section is saddened that yet more children have died in circumstances where it was clear to many that the girls had been at risk for some time. The Section reserves its comments on the reasons for this and where responsibility lies until the CYFS review is complete. The Section notes with approval that the Commissioner for Children Roger McClay is conducting his own investigation.

"Our community needs to make protection of children a very high priority," he said.

Released by Family Law Section of the New Zealand Law Society.

Masterton man Bruce Howse was today jailed for 28 years for the murder of his two stepdaughters - the country's longest imposed sentence since the abolition of the death penalty.

Howse, 40, was found guilty a fortnight ago of stabbing half sisters Saliel Aplin, 12, and Olympia Jetson, 11, to death in their Masterton home in the early hours of December 4 last year.

At the High Court in Wellington today, Justice Lowell Goddard sentenced Howse to life for the murders of Saliel and Olympia, with a non-parole period of 28 years.

She said Howse's vindictive viciousness and inability to admit remorse for the crimes were reasons for the long sentence.

"There are no mitigating factors whatsover in your case.

"You should never be released back into the community."

She said she had considered a recent appeal extending double murderer Mark Lundy's non-parole period from 17 to 21 years in deciding the sentence of this case.

Previously the longest fixed-term sentence imposed was on Lundy whose non-parole sentence was increased to 20 years by the Court of Appeal.

Lundy was found guilty of killing his wife Christine and daughter Amber at their Palmerston North home in August 2000.


Justice Goddard said to lie about the girls' mother Charlene Aplin's involvement in the murders was the most terrible thing about the incident.

"It was the most cruel of all....Anyone who had to sit through your trial and had to hear the evidence against you which was overwhelming could have no doubt whatsoever about your guilt."

She said she unequivocally accepted Howse was molesting the girls and that was his motive for the killings.

Howse was found guilty of the murder of the girls on December 4.

The verdict came exactly a year after the sisters were stabbed to death in their beds, in the sleepout of their Masterton home.

In her summing up to the jury then, Justice Goddard said they had to decide which of the two parents killed the girls.

She said the incident arose out of the domestic family dynamics of the household.

She said the crown maintained Howse killed the girls and the defence claimed it was their mother Charlene Aplin.

The judge said that if there was a reasonable possibility that Ms Aplin had done it, the jury had to acquit.

Because the jury could not get into the minds of Ms Aplin or Howse to see their intentions they had to look at the surrounding evidence, she said.

Crown prosecutor Grant Burston said Howse was trying to avoid moral responsibility for the girls' deaths.

He said that during the confession Howse had made to police he described exact detail that no one else could have known unless they had killed the girls.

He warned the jury that they were not setting out to prove that Howse sexually abused the girls, but it was something to consider as part of the background leading up to the killings; that Howse had known about allegations Olympia had made.

Mr Burston said a note by Olympia said it all: "My dad is going to kill me".

The allegation that Ms Aplin had done it was rubbish, "a pack of lies constructed to avoid the moral responsibility of these killings".

Howse had made up stories, wild goose chases for the police, voices in his head for the doctor and when they did not work he came up with shifting the blame to Ms Aplin, Mr Burston said.

Defence lawyer Val Nisbet told the jury the police had picked out Howse as the prime suspect too early and gathered evidence that led to him without considering the overall picture.

He said it had to be a possibility that Ms Aplin had killed the girls.

Mr Nisbet said it did not make sense to say that Howse's killing of the girls solved his problems.

"Howse was not an angel and nor is Charlene," he said.

Justice Goddard said Howse had waited while Olympia suffered an horrendous death to make sure she would not live to talk.

His probation report showed he had no guilt, no remorse, he was unmotivated to change and was anti-social.

"You are concerned only for yourself and self is your only preoccupation," she said.

Afterwards, Detective Senior Sergeant Mike Oxnam said he was delighted with the sentence. Howse was a cruel, evil and wicked man, he said.

Mr Oxnam said Ms Aplin was a good and kind mother, whose life had been forever changed by Howse's actions.

"There was no evidence that Charlene was in any way involved in the killing of the sisters."

Howse showed no emotion at the sentence.

Defence lawyer Ken Daniels said there had not yet been a decision on whether to appeal the sentence.

Howse would have to live with the choices he had made, he said.

- NZPA

____________________________

Anna Hider 17-month-old  

Died July 29,2007

Toddler drowned in pool as her foster parents partied
 
A toddler who had been taken into care died after being found floating in her foster parents' swimming pool.

Anna Hider, 17 months, was discovered unconscious in the water by the couple at their home in Hampshire on Sunday evening.

She was taken to the Queen Alexandra Hospital in nearby Portsmouth, but was pronounced dead an hour later.

Last night, Anna's devastated parents blamed the decision to take their daughter into care for her death.

It is believed the foster family were entertaining guests at a party at the house when the tragedy unfolded.

The case again throws the spotlight on to the care system and the apparent ease with which children can be taken from their birth parents.

It is less than a week since a Daily Mail special report outlined how dozens of children are allegedly being taken from their parents to be placed for adoption, often on the back of the flimsiest of allegations and, at times, mere hearsay.

Anna, her seven-year-old sister, and her 13-year-old brother were taken into care last year. The girls had been placed with separate foster families while the boy has been living in a care home.

Last night, their mother, Emma Hider, told the Mail how she had been fighting for Anna's return when she died.

Mrs Hider, 31, from Paulsgrove in Portsmouth, said: "I got a phone call last night saying that Anna was in hospital.

'The next thing I knew, she was dead. They told me over the phone as I was on my way into the hospital.

"I'm angry and I want the truth. I want to know how my beloved daughter ended up face down in someone's swimming pool. I just cannot understand how she is dead."

Anna had been made the subject of an interim care order, which precedes a full care order and gives local authorities the power to share or take full parental responsibility for a child or children.

Mrs Hider, who is unemployed, said she was allowed to see Anna every weekday and spoke to her on the phone at weekends. She added that she never missed a visit.

She described how Anna "loved animals" and was "always laughing and interested in the world around her".

Mrs Hider went on: "I want everyone to know what social services are like. If Anna was still in my care she would be alive now."

She said social services had not allowed her to break the news to her other two children, who have different fathers.

Anna's father, Clyde Massiah, 45, had split up with Mrs Hider and lives in Oswestry in Shropshire.

Mr Massiah, also unemployed, said he believed the foster family were entertaining guests at a party when Anna woke up and walked downstairs to the swimming room.

He added: "They [the foster parents] have got plenty of money - and caring is supposed to be their job."

The couple refused to discuss the circumstances surrounding their children being taken into care.

But a neighbour told the Mail the children were taken away last summer, after concerns were raised at the school of one of the older children.

A spokesman for Portsmouth City Council, which is responsible for adoption in the city, refused to comment on Anna's care history, or what led her to be taken from her mother.

But councillor Gerald Vernon-Jackson, the leader of the council, offered "sincere condolences" to Anna's family.

He added: "In Portsmouth, we make every effort to keep children with their natural parents-Care proceedings are taken only when there's strong evidence that these are in the child's best interests."

The Mail has repeatedly highlighted the secrecy surrounding care and adoption proceedings. Parents have had their children taken away after being judged not "clever" enough to raise them, or even because of financial hardship.

This month the Mail also revealed how some councils are being offered bonuses worth as much as £2million over three years if they meet targets to raise the number of adoptions by 50 per cent.

Since the article around 100 readers have contacted us saying their children had been taken without good reason.

Labour's adoption targets were intended to lift more older children out of care.

But critics say councils, encouraged by the promise of extra cash, have merely earmarked those children who were easiest to place in adoptive homes - babies and toddlers - while the older children remained in care. In the year to March 2006, there were 3,700 adoptions from care in England.

Across the UK, there are around 5,000 children waiting for adoption, and 80,000 in the care of local authorities - two thirds of whom will be placed with foster parents.

A spokesman for Hampshire Police said initial investigations into Anna's death suggested a "tragic accident".

A post-mortem will be conducted and an inquest has been opened and adjourned.

Child in foster care dies after being found in swimming pool

A 17-month-old girl has died after being found floating in a swimming pool while in the care of her foster parents. Anna Hider was found unconscious in the garden pool at their home in Havant, Hampshire, on Sunday evening.

A police spokeswoman said attempts were made to resuscitate the child after she was found shortly before 9pm. Paramedics took over when they arrived and she was taken to Queen Alexandra hospital, Portsmouth, where she died an hour later.Police said yesterday the death was being treated as an accident and there were no suspicious circumstances, but they were investigating the circumstances on behalf of the coroner. A postmortem examination will take place.

The child's mother, Emma Hider, 31, said yesterday that she had been negotiating with Portsmouth social services for a year to regain custody of her daughter, who was placed in care last summer.

"I thought she was going to be safe and now I am going to have to bury my daughter. I am so angry and I want to know the truth," she said. "I want to know how my beloved daughter ended up face down in someone's swimming pool. I just cannot understand how she is dead.

"Anna should never have been taken off me. If she was still in my care she would still be alive.

"She was a beautiful little angel with a love for life. I just remember her with a big smile on her face - she was always laughing and loved animals."

Ms Hider has two other children who are in foster care.

Anna's father, Clyde Massiah, 45, said: "I want some answers about what happened to Anna. How she can be in care of social services and end up dying? I feel we have been let down by them.

"I have not even been spoken to by them and I am the father."

Police have decided not to release the address where the child died.

"Due to the sensitive nature of this inquiry and the sensitive circumstances surrounding it we will not be releasing the address of where this occurred," a police spokeswoman said. "It's not in the public interest to release the information. It would do more harm than good."

Portsmouth city council said the authority would carry out a review into what had happened.

"We offer our sincere condolences to the family of the child who tragically died yesterday," council leader Gerald Vernon-Jackson said in a statement.

"The child was the subject of an interim care order. We are offering every support possible to all those who have been affected by this.

"We are liaising closely with the police, who are investigating the full circumstances of this tragic incident.

"We understand that there will be an inquest and the city council will also carry out our own review of the circumstances."

Lee Glendinning
Tuesday July 31, 2007
The Guardian

Mother may sue over baby who drowned in foster care

The mother of a toddler who drowned in a swimming pool while in foster care may take legal action over the tragedy.

Anna Hider, 17 months, was found unconscious in her foster parents' pool at their home in Hampshire on Sunday evening during a 'family get-together'.

She was taken to Portsmouth's Queen Alexandra Hospital, but died an hour later. Police are investigating the circumstances of the death.

Anna's biological mother, Emma Hider, 31, said yesterday she was consulting lawyers, explaining: "I feel really angry. I want justice done. I want to know what, where, why and how."

Speaking at her flat in Havant, Miss Hider said she had been 'very close' to getting Anna back from Portsmouth Council's social services department, whom she accused of "mucking her around".

Of Anna's foster mother, who cannot be named for legal reasons, Miss Hider said: "I'm not trying to say she's a bad foster carer. I want her to go to the funeral because if she doesn't, it's just going to eat her up.

"She brought my daughter up for the last year. She was getting her dressed, putting her to bed.

"In a way I hate her but in a way she still needs to say goodbye.

"She has a heart of gold. She must be going through hell at the moment just like I am. But why wasn't that pool covered? Why wasn't she being supervised?

"When you're a foster parent you have to have eyes in the back of your head.

"They've got to take even more special care. They get paid loads a week to look after that child."

Anna's biological father, fairground worker Clyde Massiah, 45, said: "All we have is memories now until we lay her to rest. Emma went straight away to see about getting a tattoo done in memory of the little one."

Of her plans for the "perfect funeral", Miss Hider - whose other children, aged seven and 13, are also in care - said: "I want a glass coach and horses. I want everyone to wear bright colours.

"Anna never wore black so why should anyone else?"

Coral Burrows 6-year-old 
CYF was warned over Coral Burrows

Child Youth and Family has admitted it did receive a phone call from the father of murdered schoolgirl Coral Burrows, months before her death.

The department has announced an urgent independent investigation into how the phone call from Ron Burrows was handled.

Coral died six weeks ago and her stepfather has been charged with her murder.

The department earlier said it had no record of a phone call Burrows claimed to have made to a social worker back in January.

Burrows was adamant he had called CYF for help.

He told the CYF social worker the six-year-old was regularly soiling her pants, leading him to fear for her welfare.

"Why wasn't it followed up? If it had been, Coral probably still would have been alive now. And she would have been here with me where she was safe," Burrows said.

CYF Chief Executive Jackie Pivac has now apologised to Burrows.

"I apologise to Mr Burrows and his family for any distress caused by previous public comments by the department saying that we had no record of the call," Pivac said.

She said a detailed check of phone records confirmed Burrows did make a 21-minute phone call to the department's national call centre on January 21.

She says the inquiry, headed by Auckland QC Ailsa Duffy, will determine whether the system for recording phone calls is sufficiently robust, whether Burrow's call was handled appropriately, and whether the incident is symptomatic of wider problems in the department.

Burrows now hopes the same thing does not happen to another child.

"Don't make the mistake again. If somebody rings up pleading and near tears like I were, when I spoke to them, look into it," Burrows said.

Pivac said CYF wants to find any failings in its system.

"Child, Youth and Family will take full responsibility for any deficiencies in our processes that the investigation might find. I want to know if mistakes have been made or improved processes are needed and will move quickly to address these issues so the community can be reassured the Department is doing all in its power to keep children safe," Pivac said.

Coral's parents ask for space

The family of Featherston schoolgirl Coral Burrows is asking for time and space to come to terms with her death, following the discovery of her body.

In a statement issued through the police, Coral's mother Jeanna Cremen and father Ron Burrows, say they are relieved their daughter's body has been found.

Her stepfather, Stephen Williams, 29, has been charged with murder and has been remanded in custody.

ONE News understands it was Williams who led police to Coral's body.

Meanwhile, the police say they still have a lot of work to do in relation to the investigation into Coral's death.

Coral's body, which was found in toi toi bushes near Lake Ferry, is being taken to Wellington Hospital for a post-mortem.

Inquiry head Rod Drew said the community response and assistance with the police inquiry was "tremendous".

Her parents say the six-year-old will always be remembered as a bright and friendly child.

The news of Coral's death came as a huge blow to her classmates at South Featherston School who were told on Friday morning.

Trauma councillor Sharon Waitere has been helping the children work through their emotions.

"They've all had the opportunity to draw pictures, tell stories, make cards, those kinds of things - sharing memories with one another," she said.

For the adults in the community, there is a lot of anger.

"The white ribbons ain't doing nothing, so we've got to do something else," said one man.

Coral's father was not able to control his rage when Williams entered the Masterton District Court charged with her murder.

"Fry in hell, you piece of shit," said Burrows. On Thursday, Burrows had been defending Williams against speculation that he had killed Coral.

But at 1:00am on Friday, police told Burrows that Williams was their suspect.

Williams stood in the dock, fists clenched, shaking and looking at the ground. A large police presence sealed off the dock from the public gallery which was filled with members of Coral's family. Williams is scheduled to appear in court again on October 17.

Meanwhile, police say their investigation is far from complete.

Coral's body was found by a police team at around 9.30am on Friday in scrub near Lake Onoke, known locally as Lake Ferry, on Wairarapa's south coast.

The site is around 30 kilometres from Coral Burrows' home.

Police, family and up to 150 volunteers have been conducting a massive land and aerial search for the missing girl since she disappeared 10 days ago.

Coral was reported missing after Williams allegedly dropped her off at school with her brother.

Police began to suspect foul play when her schoolbag was discovered in a creek about three kilometres upstream from the school.

Inquiry head, Detective Inspector Rod Drew, would not be drawn on exactly how police discovered Coral's body, but attributed the breakthrough to meticulous inquiry work and information generated by the investigation team.

Tiffany Laverne Mason 15-year-old 
Died August 2001
 
From San Francisco comes this sordid article about a teenager the child-saver zealots took from her impoverished but loving mother, then allowed to slip into prostitution while a state-ward:  the woman who raised one of the pimps that was exploiting Tiffany has been appointed as head of SF's Department of Children, Youth and Their Families!


Tiffany Laverne Mason had two murderers -- the killer who smashed her head and threw her naked body into Lake Natoma, and the negligence of city officials who should have protected her.

Tiffany was found dead in August 2001. Police in Folsom, a Sacramento suburb, are trying to nail the lowlife slayer of a child who had virtually no chance to find her way in life.

At 15, Tiffany was a prostitute working the streets of San Francisco. She had done so for nearly two years before she was brutally slain.

She was a prostitute while she was in the custory of state so-called "protective services".


Tiffany worked for two pimps in her short life. Amazingly, both men had worked in city youth programs -- as mentors.
Just the kind of non-family "mentors" fosterincarcerationists would be willing to dump the kids off with. You know they think anyone is better than parents these days.


DHS bureaucrats worried more about covering their rear ends than saving Tiffany's life. Foster care manager Jimmie Gilyard, a Mayor Willie Brown appointee, even forbade Carobus from helping her return to foster care after she "went AWOL."

The department is not legally responsible for children classified as AWOL for more than six months.

"It was easier for her to be a runaway than for them to have to deal with her," said Carobus, an 11-year child welfare social worker.
CPS officials refused to be interviewed. The truth comes out - they are more interested in covering their asses than in the children they are PAID to take care of.


Her troubled mom cried. Her twin brother, William, was badly shaken. Authorities, however, seem more concerned about lawsuits than comforting the family.
My sympathy to the families of all the many children who have died while in state custody.


Instead, agency directors looked the other way as Tiffany sold her adolescent body on the streets. When police picked her up for prostitution, the District Attorney's Office would not press charges.

"They never called me when my daughter was raped," Torres said. "They never called me when she was picked up for prostitution. They only called when it was time to identify her body," said the mother.
To state social-meddling agents: Real nice "child protection" work guys................... NOT. Isn't it about time YOU got out of the child-kidnapping business?

This article, published May 20 in the SF Examiner, is the first in a five-part series. I would like to see more articles about children abused by the CPS system in California and other states. California has payed out MILLIONS of your taxpayer funds for children harmed in state custody during the last few years. When they start putting CPS caseworkers in jail for their incompetence, I'll be happy.....



Part Two of Tiffany's Story


Part two has this information about DHS.... apparently most juvenile prostitutes are wards of the court, thanks to child-saver zealots taking them from their parents.


The system is not set up to help girls off the streets. It is designed -- however unintentionally -- to deliver them back to pedophiles and pimps.

"I'm seeing a huge increase in very young girls -- 11- and 12-year-olds -- coming in (for prostitution)," said Julie Posadas, coordinator of girls' services at YGC.

The majority of the juvenile streetwalkers here are wards of the court from San Francisco and other California counties.

"Probation wants DHS to take custody of them," Carobus said. "And DHS wants Probation to take custody. It's lose-lose for everyone."

"There are a lot of people out there buying children. They're often routine pedophiles," said Carobus, who has had two other child prostitutes under his care. "What is this, a pedophile protection community?"
According to the article, Tiffany's natural mother was never called when Tiffany was arrested (many times) for prostitution. Instead she was dropped off at DHS where she walked through the building and out the back, where her pimp was waiting for her.



Part Three of Tiffany's Story


Oh my God.... the woman who raised one of the pimps that was exploiting Tiffany has been appointed as head of SF's Department of Children, Youth and Their Families! This woman... was a fosterincarcerator? She - the woman who heads their department - raised a child to become a pimp? This story gets sicker by the second... and she gave him a job in a community center where he was working with children. What is this irresponsible person doing in a position of power over other parents?
 
Robbie Gillett 13-month-old 

Robbie, of course, had no voice to speak for himself - and no one prepared to take up his cause. He was repeatedly failed by those paid to protect him.

The death of a 13-month-old boy has highlighted the cases of 22,000 abused children failed by a government child protection agency. Robbie Gillett was still in the womb when he was failed by the NSW Department of Community Services (DOCS) for the first time. After his mother, Rebecca Mann, presented at Campbelltown Hospital with an alarming pregnancy complication, she was offered support from DOCS. But despite advice that her growing baby could be at risk because she was leaking amniotic fluid, she refused point blank.

Robbie, of course, had no voice to speak for himself - and no one prepared to take up his cause. Like an estimated 22,000 children in NSW each year, he was known to authorities as being at risk of serious harm, but was repeatedly failed by those paid to protect him. Before he finally gave up the battle to live, the tiny blond boy with the haunted eyes endured trauma that has left even seasoned child-abuse investigators shellshocked.

While the cause of Robbie's death is yet to be confirmed, The Australian understands an initial examination of the one-year-old's body revealed internal injuries consistent with violent force inflicted by a blunt object. In the hours before he was discovered dead by his mother in the family's home in Claymore, in Sydney's southwest, on July 31, Robbie's bowel, liver, one kidney and an adrenal gland had been perforated, and his heart sac damaged.

Yesterday, the boy's maternal grandfather, Stephen Mann, joined detectives to plead for anyone with information about how the baby spent his days to come forward. "Robbie was a beautiful baby boy who brought so much joy and happiness to our lives," Mr Mann said. "This shocking event will haunt our family forever."

Alarm bells should have been tolling for Robbie Gillett long before this catastrophic ending. Within months of his birth the infant suffered a skull fracture - but investigating DOCS caseworkers deemed no further intervention was needed. Six months later, another DOCS notification was issued when Robbie suffered unusual damage to his testicles. His parents insisted one of his two older brothers had stepped on the baby during a nappy change. That excuse was apparently plausible: Robbie's DOCS case file was closed soon after, within weeks of his death.

But it was not just welfare workers who failed the little boy. The Australian has learned at least two family doctors, in Claymore and Campbelltown, are likely to face disciplinary action for ignoring mandatory reporting obligations that require health workers in NSW to report suspected child abuse. The doctors had separately examined Robbie in the months before his death and referred him to hospital for treatment of a number of injuries, including extensive bruising and what has since been confirmed as two fractured ribs.

But tragically, Robbie's case is not unique. If anything, his story is just the latest illustration of how beleaguered and dysfunctional the NSW Department of Community Services has become despite a $1.2billion funding boost in 2003. Calculations based on the department's annual statistics, released without fanfare in May for 2004-05, show almost half of all initial assessments deemed by DOCS Helpline workers to be worthy of further investigation were never followed up.

Notifications to DOCS have jumped dramatically in recent years - driven mainly by increased mandatory reporting obligations placed on health workers, teachers and police - to 216,386 in 2004-05. About 65 per cent of those notifications were referred to caseworkers or Joint Investigation Response teams made up of DOCS staff, police and health workers, for investigation of potential physical, sexual or psychological abuse, or cases of severe neglect. But roughly half of those recommendations for further assessment - or 65,975 individual reports - had no outcome recorded in 2004-05. The DOCS report gives no explanation as to why, but distinguishes them from cases where the investigation is continuing. With DOCS estimating it receives two reports for every child referred to the service, these figures suggest almost 33,000 at-risk children never received the department's recommended follow-up. But about two-thirds of all cases that did receive secondary assessment in 2004-05 confirmed actual harm to a child.

Dustin Rhodes 9-year-old 

CPS ordered to pay $1.5 million to mother in death of her son

A jury in Maricopa County Superior Court this week awarded $1.5 million to the mother of a 9-year-old Litchfield Park boy who died after Child Protective Services twice investigated suspicions of abuse but failed to remove the boy from his home.

Dustin Rhodes was living with his grandmother, aunt and aunt's boyfriend when he died in August 2003 of "multiple traumatic injuries," according to an autopsy report.

In 2005, the boy's mother, Christina Bowman, filed suit, claiming her son's life might have been spared had CPS fully investigated and removed Dustin from the home.Bowman's attorney, Steve Copple, said the decision "gives some answers and some accountability" in the death.

"It was a four-year journey for Christina to try to find out why and who and how. So that decision was extremely important for her and, she felt, for Dustin," Copple said.

Spokeswomen for CPS and the Arizona Attorney General's Office declined to comment, saying the litigation is ongoing.

In February 2003, six months before the boy's death, his third-grade teacher reported unusual bruises on his back, waist, leg and eye.

Three months later, a physician examined other injuries, including a swollen face and bruises all over the boy's body.

She found the injuries may have been accidental, but recommended further investigation.

Dustin's parents were not involved in his life then.

His mother's attorney previously told The Arizona Republic that she had recovered from a drug problem and was trying to get her son back at the time.

The jury's verdict was a "very loud and specific acknowledgement of her loss," Copple said.

A related criminal case turned out differently.

Last month, the boy's extended family, including his grandmother Linda Rhodes; aunt, Bethany Pellerin; and the boyfriend, Ryan Pellerin, were acquitted on all counts of child abuse stemming from the incident.

"We expected ours to come out this way, but we didn't expect the other (case) to come out this way," Copple said.
 
Elias C. Arnold
The Arizona Republic
Aug. 9, 2007 12:00 AM
Salma ElSharkawy 12-year-old 

Salma ElSharkawy begged social services: "I wanna go home"

TRAGEDY OF AN -NW5 RUNAWAY-

Parents' agony after crash death of girl taken into care

THE heartbroken parents of a 12-year-old girl killed in a car crash have blamed themselves for letting Camden's social services take their daughter away.
Haverstock School pupil Salma ElSharkawy died two weeks ago while in the care of social services when her supervisor's car smashed into a tree on a shopping trip, killing them both.
An investigation has been launched into events leading up to the death of the girl who called herself "Lil NW5 runaway" on her website.
Her death came after an unhappy final two years in the schoolgirl's life as she kept running away and sleeping on the streets in a battle to return to her family.
Salma was taken away from her home in Allcroft Road, Gospel Oak, finally ending up in a residential home in Derbyshire, after her mother, Mary O'Sullivan, asked for help in controlling a daughter who had begun to develop behaviour problems.
Her father, Walid ElSharkawy, who was working as a technician for television network Al Jazeera in Qatar in the Middle East at the time, said: "I want to say I'm sorry to Salma. I should have stepped in when her mother needed help.
"We didn't just lose her for three or four years we lost her forever. Once they've got your child you may as well forget it. You'll never get them back."
The family lost a court battle to bring Salma back home despite handwritten letters from the schoolgirl to the judge saying: "I think social sevesices are lyers. I wish I could go home to my mum and dad. Know-one knows how I feel etcsept my mum (and) dad. I feel very sad and down. If you don't say I am not going home my life will be destroyed. Please let me go home."
In another letter, she begged: "I wanna go home to my mum and dad. I want another assessment please!"
Mr ElSharkawy claims he was not allowed to speak at the first family court hearing, adding: "Salma was an only child. I had quite a lot of money sent from Qatar.
"She was expecting too much from her mum and if her mum didn't give her things she would hit her. Her mother asked them to help her and the price we paid was my daughter."
Salma's mother Mary said: "The council said it was neglect but I did everything for Salma. There was no one to help me. I didn't go to them so they would take her away from me. I did my best in court but those assessments are very hard for families. They've got to learn from this."
Mr ElSharkawy said the family's supervised contacts with Salma "were the worst thing you can ever go through". He added: "Someone writes down everything that happens. If the child's on the computer, they write the child's not interested in their parents. The first time I saw her after she was taken away I cried. They wrote ?he can't control his feelings'."
Mr ElSharkawy said social services gave a number of reasons for taking Salma away, among them claims that she had suffered emotional abuse and that she had been forced to watch a man being beheaded on television when she was visiting her father in Qatar.
He said: "I was at work, her mother was in the kitchen and she saw it on the TV. That's what it's like there."
Mr ElSharkawy said that a social worker mistook a water jet hose - used in place of toilet paper in the Middle East - for a sex toy.
He added: "In her website, she called herself Lil NW5 runaway and queenscrescentstar. It's so difficult to look at. All she wanted was to get back to her family. I wrote on her website before she died saying ?dad loves you'."
A report, written by an officer from Gospel Oak social services team, said police were unhappy about repeatedly having to take Salma from friends and family each time she ran away. They feared she would end up sleeping in doorways and stairwells instead.
Mr ElSharkawy said Salma was being changed by the care system. He added: "Since they took her she started to smoke, to talk about sex - she was only 11. In the end she was saved from everybody. She's now at peace. We've been ruined beyond repair."
Salma's mother Mary said her daughter called her from the Derbyshire residential centre just before the accident.
She said: "She told me on the phone: ?Never stop fighting for me, whatever you do.'
"She was happy-go-lucky, kind to others and loved animals. She had two cats, Louis and Charlie. She wanted to be a vet and used to go to Kentish Town City Farm.
"She loved secondary school. She was so happy when she got her uniform, she was very bright. I loved Salma very much."
Police are piecing together the moments leading up to the accident in which the green Peugeot Salma and her Buxton keyworker were travelling in hit a tree at a notorious accident blackspot in Millers Dale, north Derbyshire.
Salma was buried at the Cemetery of Peace in Ilford on July 7 following a ceremony at Regent's Park Mosque.
Her friend, Emily Edwards, 16, of Regent's Park estate, said: "She was the most bubbly girl, always smiling. She would come into school and everyone would be tired and she would be running to her lessons."
Schoolfriends and family gathered for a memorial service at St Dominic's Priory in Southampton Road, Gospel Oak, yesterday (Wednesday). One of her favourite songs, Missing You by 1st Lady, was played at the service.
A Camden Council press official said that, at the time of the accident, Salma had been staying in a residential activity centre until she could be placed with a foster family.
The courts had granted a full care order in July last year based on two independent assessments. This was to be reviewed in November following a further assessment.
He added: "We are very saddened to hear of the death of Salma and her key worker. We would like to offer our deepest sympathy to both families at this difficult time."
 
Camden New Journal - EXCLUSIVE by ROISIN GADELRAB
Published: 19 July 2007
 
 
 
Inquiry into care tragic Salma received

A mother pleads in court for girl's return


THE tragic death of 12-year-old runaway Salma ElSharkawy - killed in a car crash after being taken from her parents by social services - has exposed a care system where decisions are taken behind closed doors, with relatives feeling shut out.

Parents and social workers have contacted the New Journal after reading Salma's story last week, lifting the lid on a process which is rarely openly discussed.
Many have warned that resources are spent on court proceedings and foster carers instead of helping parents struggling to cope.

The issues will be highlighted today (Thursday) when a mother from West Hampstead goes to the High Court in a battle to win her daughter back from Camden Council's care.
She cannot be named for legal reasons but the woman claims her daughter jumped out of a window after being taken away.

It will be argued in court that her child's pleas to remain with her mother were ignored.
She said this week: "I'm appealing to the Royal Courts because there's no reason for them to take her.
"I don't have any contact with her whatsoever. They took her completely and she disappeared from my life.

"When they took her they knew she had attempted to kill herself before. She had told psychiatrists she would kill herself. She threw herself out of a window the same night she was taken away but survived."

The case comes in the wake of the death of Salma ElSharkawy in a car crash after being taken into care. She had written letters to a family court judge asking to return to her parents, but was sent to live with a family in Derbyshire, where she died in the crash.

Initially, her mother had asked for help after Salma began developing behavioural problems.
Camden's children's director Heather Sch­roed­er is due to pick an independent investigator with experience of the social care system to lead an external inquiry into the care Salma received. Everyone who came into contact with Salma is expected to be questioned.

Lib Dem councillor John Bryant, who holds the portfolio for children, said: "If there are lessons to be learned we need to think those through. The coroner has to decide the cause of death but that doesn't help us out with risk assessments."

Following last week's article, parents contacted the New Journal with their concerns.

One woman, who used to live in Belsize Park, wrote in an email: "I'm in Australia now with my children safe but I have all my documents with a list of dodgy social workers and medical staff from two hospitals."

Former foster carer Christine Brody, of Steeles Road, Belsize Park, said a young relative was also failed by the system.

She added: "Camden has the most terrible reputation for frightening parents.

"Anybody can go to social services and report you and this immediately goes into a ?strategy process'. You don't have the right to know this is even going on.

"Then a strategy meeting is called where the people concerned with the child are invited but the parents don't always have the right to attend. They all get together with social services, have their meetings and say they want an independent assessment. You believe them but they crucify you. You're not given any chance to question the allegations."

She said social workers were concerned about damage to careers. "If they don't toe the line and fill the quotas and targets their careers suffer. All the time they are throwing money at new schemes instead of supporting parents with their children."

In an email to the New Journal, Staffordshire social worker Rachel Mulcahy said: "This sad case of Salma could happen anywhere in the country. If she had been on my books there's no way she would have been in the care system. The whole system is unbalanced. They spend so much money on care proceedings and looked-after children. When I was an area social worker, parents had been asking for help, in most cases for two years. By the time they came to me the family were in crisis and often the children were in the care system."

Trevor Jones, a spokesman for Parents Against Injustice (PAIN), which assists families caught up in care proceedings, said: "The system of taking children into care operates behind closed doors where social workers are not accountable for their actions.

"Without scrutiny, it is not surprising injustices occur and children are removed permanently from innocent parents."

Salma's parents have questioned Camden Council about their daughter being passed between so many social workers. They say they were told there was a shortage of social workers and that the council struggled to hold on to the ones they had.

A council press official said Camden employs 160 children's social workers, a small proportion of whom are agency staff.

She added: "Camden Council is a high performing, four-star local authority with a strong record of effectively protecting and supporting children, young people and families. Our social workers do the valuable and challenging job of supporting the needs of children, young people and families, often in very difficult circumstances.

"We have at times faced similar problems to other local authorities in recruiting good-quality social workers.

"We always try to ensure continuity of care and at the end of May, of children known to Safeguarding and Social Care, more than three quarters had one social worker allocated to them during the previous 12 months, 21 per cent had two social workers and just one per cent had more than two social workers over the same period."

Inquests into the deaths of Salma and support worker Elizabeth Fitton, from Buxton, Derbyshire, who also died in the crash, have been opened and adjourned.

Father takes protest to Downing St

Salma's father Walid ElSharkawy is to hold a daily demonstration outside Parliament and Downing Street for the next three weeks.

He said: "To me, Salma died on February 25 when she was taken away. Our voice has always been repressed. Once a social worker gives evidence, they go and you can't question them. The system for contact visits is just another chance for them to cement their case."

Mr ElSharkawy has been documenting Salma's story on his internet blog, and has received messages of support on the website
www.fassit.co.uk  from parents who say they have suffered similarly.

 

 

Salma's father, Walid ElSharkawy mounts the families campaign for justice

Brianna Pope 3-year-old 

Brianna Pope Died After Repeated Abuse

Pope's death was one of the cases that prompted a state task force to investigate Nebraska's child welfare system. Last year, that task force proposed a list of changes to the governor.

Omaha, NB - A Douglas County district judge said during Leonard Burk's sentencing Wednesday that it's probably the worst case of child abuse he's ever seen.

Burks was sentenced for killing his 3-year-old stepdaughter, Brianna Pope. Pope died of injuries suffered from repeated beatings by Burks in May 2003.

Burks apologized to the families involved and asked the court for mercy. He hung his head as he left the courtroom.

The state recommended he get 30 to 50 years in prison. Judge Robert Burkhard said he didn't think that was enough, and sentenced Burks to 50 to 60 years.

Mr. Burks, you're going away for a long time. At least, you're alive. She isn't," Burkhard said.

"I'm glad to see he gave him more than what the state recommended, but it still doesn't fix the system," said Pope's grandfather, Dennis Huggin. "The cries for help were there. They were comin' from all over the place -- the church, from us, from everyone."

Pope's death was one of the cases that prompted a state task force to investigate Nebraska's child welfare system. Last year, that task force proposed a list of changes to the governor.

OMAHA, Neb. -- An Omaha stepfather was arrested Saturday in connection with his 3-year-old stepdaughter's death.Paramedics were called to a house at 2230 N. 39th St. around noon on Saturday.

Rescue workers said Brianna Pope, 3, was not breathing when they found her. She died at Creighton University Medical Center.

A short time later, police arrested Leonard Burks, 24, for felony child abuse resulting in death.

Brianna's grandparents have custody of her older brother, but said they couldn't get Brianna in time."My heart hurts so bad I can't hardly think straight," Brianna's grandmother Carol Huggins said.

The county coroner contacted the Police Department Monday to say that the autopsy on Pope was inconclusive. Officials said the cause of death would not be determined until further tests were performed.

Bond has been set at $250,000 for Burks.

Adam Gomez 3-year-old 

Mata had been a suspect in the 1995 murder of a 17-year-old Scottsbluff boy, but a grand jury decided it did not have enough evidence to issue an indictment !!!!

Adam Gomez, 3, Scottsbluff, killed by mother's boyfriend, Raymond Mata mid-March. Adam's body parts were found in a freezer, in dog food bag a dog bowl. Mata sentenced to death first-degree murder, kidnapping and, dismemberment.

 
SCOTTSBLUFF (AP) -- A woman whose boyfriend is accused of kidnapping, murdering and dismembering her 3-year-old son recently sought a protection order against the suspect, court records show.

Raymond Mata Jr. was charged Wednesday with kidnapping, first-degree murder and felony murder in the death of Adam Gomez.

Police said they found a part of the missing child in a basement crawl space early Wednesday morning. Inside a nearby trash bin was a garbage bag containing a boning knife, the boy's clothes and a bloodstained towel.

Deputy Scotts Bluff County Attorney Doug Warner said Mata was the boyfriend of Patricia Gomez, 20, Adam's mother.

Mata was arraigned Wednesday afternoon and charged with first-degree murder, felony murder and kidpnapping. An angry crowd gathered at the courthouse, shouting for vengeance as Mata was led away from the hearing.

Gomez, of Scottsbluff, reported her son missing Monday afternoon. He had been missing since early Friday morning, but Gomez told police she didn't report it earlier because she thought he might have been taken by his father or another family member.

Gomez said Mata discouraged her from calling police when she first discovered the boy was missing, telling her Adam was probably with family members.

''Even if I called the police, they couldn't do anything about it for 24 hours, he said. And I believed him,'' Gomez said. ''I did everything like he told me to.''

According to police records, Gomez said she realized the child was missing about two-and-a-half hours after she put him to bed Friday.

Mata, who lived with her part of the time, was still awake when the boy went to sleep, according to affidavits.

Gomez said she woke up and found the boy was missing. Mata also was gone, she told police.

Police found the clothing Adam Gomez had been wearing and his sleeping bag in the dumpster behind Mata's house.

The boy's clothes, a pair of men's blue jeans, a boning knife, a pair of men's slippers, and a red-and-blue bath towel with apparent blood stains also were found in a garbage bag.

Warner said Wednesday morning that Mata had been a suspect in the 1995 murder of a 17-year-old Scottsbluff boy, but a grand jury decided it did not have enough evidence to issue an indictment. The case remains unsolved.

Hanna Montessori 15-year-old 

January 19, 2004 -The 15-year-old girl,who was a ward of the court....

Dead girl's mother testifies at suspect's trial

SANTA ANA - Cheryl D. Ramirez last saw her teenage daughter in a Georgia courtroom, promising a judge she would never run away from a group home again.

But like before, Hanna Montessori broke her word. The 15-year-old girl,who was a ward of the court, fled and ended up as a prostitute in Orange County, where she was killed in January 2004 after being picked up on Harbor Boulevard.

"I knew she was going to run away," said Ramirez, in her first interview about Hanna's death. "Mothers know their daughters . I told prosecutors and case workers she would do it, but they didn't believe me."

Ramirez flew to Orange County from her hometown of Atlanta to testify Tuesday in the trial of a car salesman accused of her daughter's death, Jonathan Phong Khanh Tran, 22, of Garden Grove.

The trial, which began Thursday, highlights the dangers of child prostitution. Harbor Boulevard is a popular spot for young prostitutes, many of whom are routinely picked up by police and put in juvenile hall. Hanna wasn't so lucky.

Deputy District Attorney Cameron Talley alleges she died after jumping out of Tran's moving truck on Jan. 19, 2004, to escape being raped. Tran also is charged with sexually assaulting three other prostitutes in Santa Ana. In one instance he allegedly masqueraded as a police officer.

During her brief testimony, the mother explained Hanna was a descendant of the founder of the Montessori teaching method. Ramirez divorced from the girl's father in 1999, and has since remarried.

Ramirez said Hanna became "unruly, uncontrollable." The mother decided in April 2003 that the girl should live with her father in Maine. But three months later, Hanna was sent back.

Ramirez cried as she told jurors about her last conversation with her daughter more than five months before she was killed. At the time, Hanna was living at the Georgia group home.

"She ran away," Ramirez said. "I never talked to her again." The mother added that she posted fliers with her daughter's photo in an unsuccessful attempt to find her.

Ramirez talked more about her daughter during a break in the trial. She smiled as she showed a photo of Hanna striking a pose. She liked to be the center of attention, Ramirez said.

"She had dreams," the mother said. "She wanted to be a nurse, then a photographer. She had a lot of ideas for her life. She even wanted to be an actress."

The mother and daughter argued. Ramirez thought her daughter was too rebellious. She forbade the girl from dating certain people, Ramirez said.

Hanna called police in August 2003 and said her mother had hit her, and that she was sexually abused by her mother's then-boyfriend. Ramirez on Tuesday called those claims false. Yet they resulted in Hanna becoming a ward of the state of Georgia. She was sent to a group home before running away in late 2003.

Besides posting fliers, Ramirez looked at almost every girl she came upon, hoping she was Hanna. She pulled over to look in ditches, in the event her daughter's body had been dumped there.

In April 2004, Ramirez's son found a photo of Hanna, identified as a "Jane Doe," on the Internet. The posting said the girl was dead.

On Tuesday, Ramirez averted her face as jurors were shown a photo of Hanna's body. She couldn't believe her daughter was a prostitute, and died in such a way.

"Someone must have forced her into prostitution," she said. "She was just trying to survive . I like to think she would eventually have come home."

Contact the writer: 714-834-3773 or rsrisavasdi@ocregister.com

Losing Hanna -This is the first installment in a two-part series.

Zina Linnik 12-year-old 

Missed opportunity to nab slaying suspect called "sickening"

Pierce County sheriff's deputies missed an opportunity 3 ½ years ago to apprehend child-slaying suspect Terapon Adhahn after he was accused of raping an underage girl.

In January 2004, Child Protective Services (CPS) received a report that Adhahn was having sex with a 15-year-old girl who was living with him, according to CPS. Heavily redacted documents, released this week to The Seattle Times under a public-disclosure request, show that an informant called CPS twice within a week, claiming to have firsthand knowledge of the illegal relationship.

A CPS screener did not accept the complaint for investigation, but did forward the report to the Pierce County Sheriff's Department, said Dawn Cooper, a CPS supervisor. When the informant called back a second time with Adhahn's address, that information was also sent to the Sheriff's Department.

Sheriff's spokesman Ed Troyer said a detective went to the address provided by CPS, but when he discovered Adhahn was no longer living there he closed the referral. Because it was a "third party" complaint that could not be verified, the detective did not file a police report, Troyer said.

Adhahn was charged last month in the abduction and slaying of Zina Linnik, 12, of Tacoma.

"Obviously, knowing then what we know now, it's a bit sickening," Troyer said Wednesday of the January 2004 complaint. "But when you have a thirdhand report, and it doesn't check out, we don't have the resources to check up on all those things. We find a lot of third-party reports aren't true."

The revelation comes amid growing criticism over the lack of coordination between CPS and law enforcement, triggered by a CPS decision in June to put a 12-year-old Pierce County boy allegedly abused by his grandparents back into their care.

On Wednesday, Gov. Christine Gregoire gave the state Department of Social and Health Services, which oversees CPS, 30 days to come up with a plan for clearer lines of communication with police. CPS didn't investigate the January 2004 complaint because Adhahn was not the girl's parent or guardian, Cooper said. The agency investigates allegations of abuse only when it involves a child's parent or legal guardian.

But Cooper said CPS should have investigated the 15 year-old's mother for failing to protect her daughter. Such an investigation would have prompted CPS to go to the home to speak with the girl and Adhahn.

"In retrospect, I would have screened it in, with the mom as the subject of the referral," Cooper said.

CPS has since changed its procedures to require that a supervisor oversee decisions to accept or reject ? or "screen out" ? complaints.

Adhahn, 42, was charged last month with aggravated first-degree murder, first-degree kidnapping and first-degree rape in connection with the July 4 abduction and slaying of Zina. In addition, he is facing numerous other chargers stemming from attacks on two different girls and is considered a person of interest in the December 2005 abduction and slaying of 10-year-old Adre'Anna Jackson of Tillicum, Pierce County.

The charges against Adhahn include seven counts of first-, second- and third-degree rape in connection with the repeated sexual assault of a teen who lived with him between 2001 and 2005. Presumably, the girl was the subject of the call made to CPS in 2004.

The teen is now 19 and living in Wichita, Kan. The girl's mother told The Times last month she allowed her daughter to move from Texas to Pierce County with Adhahn six years ago because she thought it was the best option for the then-rebellious 12-year-old.

Pierce County Prosecutor Gerry Horne said he did not know about the 2004 CPS complaint involving Adhahn until he was called by a reporter on Wednesday. He said he couldn't comment on whether it would aid the prosecution of Adhahn, but he added: "I'm very interested in the information. Certainly we'd like to know what took place on it, and we'd like to know the nature of the original complaint."

CPS documents released to The Times also show that the agency received a second telephone complaint about Adhahn on July 16 of this year, after he was under arrest in connection with Zina's death. The caller said two children had lived with Adhahn in his home for four months in 2005.

The social worker who took the call, after consulting with her supervisors, sent the tip to the Tacoma police, who are leading the investigation into Zina's slaying. Cooper said the complaint was not accepted for investigation by CPS because it involved incidents that were long past.

Cooper said it does not appear that Adhahn's name was checked against the state's sex-offender registry in response to either complaint. Although CPS has access to the registry, complaint screeners do not routinely check subjects against the registry unless a complaint specifically alleges that a subject is a registered sex offender.

Adhahn was required to register as a sex offender after a 1990 conviction for incest in connection with a violent attack on a family member. He was registered as recently as 2004, but he later moved and failed to register.

Troyer said he didn't know if the report submitted to the Sheriff's Department by CPS included Adhahn's name for comparison against the sex-offender registry.

Troyer has been critical of CPS, saying it's difficult to get information about suspects from the agency. "We call them and ask and they say they can't get it," he said.

Earlier this week, Troyer assailed the agency's decision to return the 12-year-old Pierce County boy to the home of the grandparents accused of abusing him, allowing him to live in a trailer in the backyard. After learning of the decision, sheriff's deputies stepped in and removed the boy.

Troyer suggested people who suspect children are being abused are better off calling police rather than CPS.

Public outcry over the case prompted the head of DSHS, Robin Arnold-Williams, to call for a full review of the case.

On Wednesday, Gregoire cited the boy's case in calling on DSHS to develop a better plan for working with law enforcement whenever a child is being returned to a home where abuse was alleged. She also plans to ask prosecutors to look at the state's sex-abuse laws to see if improvements are needed in light of the slaying of Zina.

"You know what the tragedy of all this is? No one can honestly ever guarantee, in this system, that no child will be victimized," Gregoire said at a news conference. "You just can't. We are a part of a human-behavior system where there are terrible people out there that are doing terrible things to their children."

Nancy Bartley: 206-464-8522 or nbartley@seattletimes.com

Jonathan Martin: 206-464-2605 or jmartin@seattletimes.com

Seattle Times staff reporter Andrew Garber contributed to this report.

Ngatikaura Ngati 3-year-old 

From happiness to hell

Each night Ngatikaura Ngati would climb into bed and tell his adoptive mum Kura and dad Finau that he loved them before clasping his little hands together in prayer.

He'd then fall asleep in a bedroom full of family photos and toys, with pictures of Winnie the Pooh and Piglet keeping watch over him from the door.

During the day the 3-year-old would play his ukulele, sing on his karaoke machine or enjoy trips to the beach or zoo with Kura and Finau who had cared for him since he was one month old.

He was a happy child. A child who was clearly loved.

But three weeks after his third birthday everything changed in Ngati's life.

His birth mother Maine Ngati decided she wanted him back from her cousin Kura so Ngati was plucked from the only home he'd ever known.

The South Auckland toddler was thrown into a completely unfamiliar environment. A new home in Otara where there were four other children, including a newborn baby. A home where there was a mattress on the floor but no blankets, and no Winnie the Pooh on the door.

Ngati's new family spoke English. He had grown up speaking only Tongan so he struggled to communicate with his siblings and parents.

The toilet-trained toddler suddenly started regularly wetting his pants and developed a weeping ulcer the size of a man's hand on his bottom. His birth mother sought no medical treatment, instead covering it with a sanitary pad.

Ngati was quickly transformed from a happy and confident boy to a terrified child who would mess his pants then try to throw the evidence out of the window to avoid the beating that would always follow.

Three short months after he moved in with his birth mother he was dead.

Pathologists have argued in court over the exact cause of his death, but there was no dispute he was covered in injuries.

Graphic photographs taken during Ngati's post-mortem showed a body that had suffered from repeated beatings. He had so many bruises that the officer investigating his death stopped counting after 50.

This week, Ngati's birth mother Maine Ngati and stepfather Teusila Fa'asisila were found guilty of inflicting those injuries. Guilty of Ngati's manslaughter.

A jury at the High Court in Auckland heard how Maine, 32, would punch Ngati in the face, strike him with a stick and whack him around the head when he was naughty. His 27-year-old stepfather beat him with whatever weapon was lying nearby.

Being naughty wasn't hard. Sometimes it was messing his pants. Other times Ngati did not move fast enough or play a game the right way. Once he didn't say "yes Mum". Another time he didn't jump like a frog.

On January 30 last year, the first of what would be the last series of beatings in Ngati's short life occurred at 10am after he did a "kaka" (faeces) in his pants.

Maine later told police she was so angry she picked up a stick and beat Ngati all over his body - except his head. There she used her hand.

After the beating Maine put her son in the bath.

Police say it would have been obvious at this point that Ngati was injured and in pain. His left arm was so badly damaged that it had swollen to twice its normal size. But instead of seeking help for her son, Maine put him to bed.

Later in the day, Ngati awoke on his mattress on the floor needing to go to the toilet. He tried to get up but was unable to due to his injuries, in particular his arm which had no strength.

Unable to hold on Ngati wet his pants - triggering yet another beating from his mother when she found him.

By that night, when his stepfather showered him, police say it would have been impossible not to have seen all of Ngati's injuries.

"He was beaten black and blue all over," said investigating officer Detective Senior Sergeant Richard Middleton.

"This is as bad as anything I have seen on a child or any human. The only thing that was keeping him alive [at that stage] was his young heart."

But Ngati's young heart could only take so much and the following morning he received his final beatings - one from his mother and later one from his stepfather.

Fa'asisila told police that Ngati had "kaka'ed" himself that morning.

To discipline him he picked up a stick, made the boy stand with his hands on the wall and lift up his feet. He then he beat the soles of his feet.

Police didn't believe this version of events, saying Ngati's soles were the only part of his body that weren't bruised.

They, and the jury, believed the account other children gave them - the one in which Fa'asisila picked up a baseball bat and beat him with it all over his body, except his head.

Physical evidence also supported this view. When police searched the Otara home they found a bat tucked out of site. It was covered in Ngati's blood. The child's blood was also found throughout the house.

In two rooms - the living area and Ngati's bedroom - the blood had splattered so high it hit the ceiling. That was impact splatter, splatter caused by an object hitting Ngati while he was already bleeding.

On the floors and walls the blood had been diluted - a sign police say that the parents had tried to wash the evidence away.

The baseball bat beating occurred in the morning while Maine was out at a job interview.

During the afternoon, after Maine had returned, Ngati's condition deteriorated to the point that he was drifting in and out of consciousness. At times he stopped breathing.

At one point, while Maine performed CPR, Fa'asisila suggested calling for an ambulance, but she said no because "then they will find out".

At 5pm Fa'asisila went to get his uncle who lived nearby. The uncle arrived and told the couple to call an ambulance immediately.

On the phone, Maine told the St John operator she had beaten Ngati with a stick but showed more concern for herself than her dying son.

"She said, 'are you going to call the police?'," said Mr Middleton. "Even at that stage she was still more worried about what was going to happen to her than what happened to Ngati."

Ngati was rushed to Middlemore Hospital, then transferred to Starship where his adoptive mother Kura Kaufusi stayed with him till he died. Before he took his final breath Kura leaned over his swollen and distorted body and whispered in his ear for him to "go in peace".

Kura and her husband Finau are still struggling with his violent death.

"I feel like my heart's gone. My heart's been ripped out of my body because he was our heart," said Kura. "I thought I would get over it by now but I can't."

Finau spends a lot of time at Ngati's tiny grave, keeping it clean and tidy; Kura often watches videos the couple took of his first steps, his birthdays, all his important milestones.

The couple were unable to have children and didn't hesitate to take Ngati in when Maine Ngati asked them to have him when he was a baby.

"He was a happy little boy. He called us Mummy and Daddy. He didn't know anyone else," said Kura.

Then in November 2005 Maine wanted Ngati back despite having very little to do with him for three years.

Police were told Maine Ngati was claiming a benefit for more children than were living with her and it was the threat of being caught out - and revenge against her cousin with whom she'd fought - that led to her seeking custody.

"There's nothing that I have seen that showed she wanted Ngati back for reasons of love," said Mr Middleton.

A distraught Kura fought for custody of Ngati. She now regrets doing it the "right way" through lawyers and wishes she had instead whisked Ngati away to a place her cousin would have never found him.

Maybe, she says, he would have still be alive that way."I was trying to do it the right way but as a result he was dead within nine weeks."

Kura said she tried to visit Ngati at his new home but no one would ever answer the door. She worries he never knew why he suddenly had to change houses and had no contact with the only people he'd ever known as Mum and Dad.

"I will always feel guilty because in his mind when he was getting bashed he was probably saying 'where's my mum, where's my dad?'."

Mr Middleton said it was not clear how often Ngati was beaten but it "certainly escalated" in the last two days of his life.

He believes the toileting problem was evidence of the boy's state of mind while in Maine and Fa'asisila's care.

"My thoughts on that are that they beat him so much that he lost confidence and he wet and pooed himself because he got so many beatings."

Mr Middleton said Ngati's final hours would have been excruciating.

When the pathologist cut open his swollen arm they found all the tissue had died from the beating he had suffered. There was a subdural haematoma which was 5-10 days old as well as fresher trauma to the head from the recent beatings.

There was also an unusual patterning with bits of skin missing from his arm, wrist and inside thigh - those injuries are from a weapon police have been unable to find. They say Maine Ngati and Fa'asisila got rid of the weapon - more evidence that the couple knew what they were doing was wrong.

Kura and her husband did not see Ngati after he moved and it is not clear if other relatives were aware of the abuse the little boy suffered - they certainly denied any knowledge of it while giving evidence in court. Ngati's siblings testified and are now being cared for by others.

Mr Middleton said it was possible the beatings never occurred in the presence of other adults, but it was hard to believe no one noticed anything wrong.

On the morning of Ngati's death one of Maine's relative said she gave him a high-five during breakfast and everything seemed fine. This would have been after he suffered two serious beatings the day before, one so bad that he was unable to use his arm.

"It's impossible to think he was 'quite happy' the morning he died."

Mr Middleton believes it may have been a case of other relatives "wilfully ignoring" what was going on. "The other family members at best didn't want to know.

"In some families abuse of this nature is commonplace and every now and then it turns to tragedy as it has in this case. The answer is never hit your kids."

Kura agrees and says it sickens her to see what happened to Ngati. She no longer considers Maine a relative and says the only blessing in Ngati's death is that he is now "away from the devils."

"I'm glad they got guilty ... That will be justice for my little man."

* Maine and Fa'asisila were charged with murder. They were found not guilty of murder but guilty of manslaughter. They were also found guilty of a separate charge of manslaughter for failing to provide medical care which could have saved Ngati's life and for wilful ill-treatment of a child. They will be sentenced next month.

View Photos

By Elizabeth Binning 

Hailey Gonzalez 21-month-old 

August 13, 2007

Baby Hailey taken off life support.

A Staten Island baby who was allegedly shaken and thrown by her mother's boyfriend and then left to suffer for five hours was taken off life support this morning, law enforcement officials said.

The 21-month-old baby, Hailey Gonzalez, was taken to Richmond University Medical Center last Tuesday after Edwin Garcia allegedly shook her and then threw her in a crib that was filled with hard, plastic toys.

The tiny tot's mother, Marlene Medina, 24, didn't call 911 for five hours after the incident, as her daughter twitched and foamed at the mouth at the couple's New Brighton home, cops said. The city's child welfare agency had knowledge of the family but did not remove Hailey from her home, a law enforcement source said.

The baby's biological father, Manuel Gonzalez, is behind bars for abusing the child in a prior incident, said William Smith, a spokesman for Staten Island District Attorney Daniel Donovan. The couple was jailed at Riker's Island on assault and endagerment charges, but will be rearrested on more serious charges today, Smith said.

"They are going to be rearrested today on charges related to the death of the girl," Smith said. Doctors declared the baby brain dead on Friday and removed her from life support at 8 a.m. today, a law enforcement source said. tmoore@nydailynews.com

I would have taken Hailey

Grandma outraged that ACS never contacted her after tot was beaten

Monday, August 13th 2007, 4:00 AM

Sonia Cintron said she had a loving home waiting for her granddaughter if only child welfare workers had called.

But they failed to remove the 21-month-old from her hellish Staten Island home and she was allegedly brutally beaten by her mother's bad-news boyfriend.

Early this morning, Hailey Gonzalez was to be taken off life support so doctors at Richmond University Medical Center on Staten Island could remove her heart in order to donate it to another little girl, said Cintron's husband, Gilbert Reyes.

"We've said our goodbyes," he said.

Cintron believes hazel-eyed Hailey is the latest child to fall through the cracks of the Administration for Children's Services, which was monitoring her case.

"If ACS had the best interest of my grandchild they should have made every attempt to notify me," the 45-year-old secretary said yesterday from her tidy Jersey City apartment.

Hailey was taken to the hospital after allegedly being shaken and slammed in her crib by Edwin Garcia, 30.

The tot's mother, Marlene Medina, 24, didn't call 911 for five hours after the incident, according to court documents. Garcia and Medina are jailed on assault and endangerment charges in Tuesday's attack and due in court today.

The baby's biological father, Manuel Gonzalez, is in prison for abusing Hailey in a prior incident. Cintron, Gonzalez's mother, said she "couldn't forgive" her son for hurting Hailey in January 2006 and that she tried to stay close to, but lost touch with, Medina last summer.

"I didn't think Marlene was an unfit mother; I thought she needed guidance," she said, describing her as withdrawn. Hailey was plump with no bruises, she said.

"I never imagined her abusing this child."

Hailey had a long history withthe ACS, which had knowledge of the family but didn't remove the girl, a law enforcement official said.

Medina had to give up her first daughter to foster care because of abuse, Cintron said.

The ACS declined to comment on the case, citing confidentiality, but one expert said the agency wouldn't contact other family members unless it was planning to take away custody.

"We are continuing our investigation," said ACS spokeswoman Sheila Stainback.

Cintron said after Medina stopped calling her, she had no way to find her, but didn't think the girl was in danger.

She said she also felt leery about contacting the ACS.

"Neighbors would ask, 'How is your granddaughter?'" she said through tears, recalling the child's first Christmas and the outfits she bought her.

"That baby was loved."

Cintron was crushed to find out Friday that Hailey was near death and Medina was in jail.

"That is my granddaughter!" Cintron yelled when she saw the report on TV.

"What is wrong with these people? They are babies having babies and now they are killing them," she said angrily. "And you think it will never happen to you but it happened to me?"

Cintron and Reyes raced to the hospital, but administrators wouldn't permit her to see Hailey.

"They told me to get a lawyer," she said. She was finally allowed 15 minutes to see the bruised and bandaged child.

"I felt her hands, I felt her toes. I told her how much we missed her," she said. "Who is touching her now? Who is talking to her?"

Cops and hospital staff left teddy bears and prayer cards in the crib for Hailey.

klucadamo@nydailynews.com

A crying child, a savage beating

Cops: A 20-month-old girl is nearly killed by her mother and the mom's boy friend
 
Thursday, August 09, 2007
By JOHN ANNESE
STATEN ISLAND ADVANCE

STATEN ISLAND, N.Y. -- A 20-month-old New Brighton girl is "on the verge of death," police sources say, after she was allegedly beaten so badly by her mother and mother's boyfriend that doctors had to remove a piece of her skull to relieve the swelling of her brain.

One source familiar with the case wondered why the child's mother, who was under investigation by the city Administration of Child Services after the girl's biological father assaulted her in February, had custody to  begin with.

"Now you have another guy who finishes the job. This is a household that should have been intensely monitored," the source said.

Hailey Gonzalez was in "extremely grim" shape yesterday at Richmond University Medical Center, West Brighton, where she was rushed early Tuesday morning.Edwin Garcia, 30, the boy friend, apparently slammed the girl into a pack and play-style crib twice over a two-day period in their apartment at 81 Jersey St. The mother, Marlene Medina, 24, also allegedly beat the girl, and failed to call 911 for several hours.

The two, who are now under arrest, were set off by Hailey's incessant crying, sources said.

Both Ms. Medina and Garcia made comments to police that the 20-month-old had "discipline problems," according to one law enforcement source.

Although neighbors told investigators the mother and boyfriend seemed like decent parents, authorities say old bruises on Hailey's face tell a different story.

The little girl's biological father, Manuel Gonzalez, 28, is currently serving a two-year prison term for second-degree assault after slamming her against a wall in Brooklyn earlier this year.

Ms. Medina also is said to have a two-month-old child with Garcia. ACS has taken custody of the infant, according to a police source.

Sources said Ms. Medina blew off a scheduled appointment with ACS only last month.

"That should have sent the flag up," one police source said. "It looks like this household fell through the cracks."

The source said the case resembled that of 7-year-old Nixzmary Brown, allegedly fatally beaten in January 2006 by her stepfather. Details later emerged that school and ACS workers had failed to intervene despite ample evidence of domestic abuse.

But one source close to social work and child-abuse cases cautioned that police often take a jaded, "oversimplistic view" of ACS's effectiveness in cases like this one. Sheila Stainback, an ACS spokeswoman, declined to talk about the specifics of the case, citing confidentiality issues.

"We are very concerned about what happened with this child, and we are conducting a thorough investigation, as we do with all such situations," she said.

Police learned of the girl's condition at about 7 a.m. Tuesday, when her mother called 911 because she was "minimally responsive," sources said. Hailey had fresh bruises on her chest, swelling of her brain, a collapsed left lung and damage to her eyes, sources said.

Doctors placed her on a respirator and removed part of her skull to relieve the swelling, but law enforcement sources said they don't expect the child to survive her injuries.

One law enforcement source said it wasn't clear who had authority over whether to remove the girl from the respirator, since her mother was charged in her assault, and her father was in prison.

Neighbors never contacted police with any complaints of domestic abuse, police said.

Neighbors on the fifth floor of 81 Jersey St. either declined comment or said they knew nothing about the girl or the incident.

William J. Smith, a spokesman for District Attorney Daniel Donovan said he "anticipates" both Ms. Medina and Garcia will be charged with reckless assault on a child, a class D felony put on the books in November 2006, with a maximum two- to seven-year prison term.

The law, "Cynthia's Law," is named for a Yonkers girl shaken to death by a baby-sitter in 2000.

Ms. Medina and Garcia are also expected to be charged with first-degree reckless endangerment, and two counts each of endangering the welfare of a child, Smith said.

They are expected to be arraigned in Stapleton Criminal Court today.

The last case on the Island involving a child dying from parental abuse occurred in Stapleton in 2001, when 3-year-old Sylena Herrnkind was killed by her parents, Julie and Matthew Herrnkind.

Mrs. Herrnkind was found guilty of first-degree manslaughter and sentenced to 25 years in prison, while her husband pleaded guilty to second-degree murder and was sentenced to 15 years to life.

TAG: Advance news reporter Peter N. Spencer contributed to this report.

John Annese is a news reporter for the Advance. He may be reached at annese@siadvance.com

Doctors were trying to decide yesterday whether it should fall to the Administration for Children's Services to authorize taking a horribly beaten Staten Island girl off life-support - since her family is allegedly responsible for her injuries.

The city's child welfare agency had knowledge of the family but did not remove 21-month-old Hailey Gonzalez from her home, a law enforcement source said.

The tot's mother, Marlene Medina, 24, and her boyfriend, Edwin Garcia, 30, are both jailed on assault and endangerment charges in Tuesday's attack on the girl.

The baby's biological father, Manuel Gonzalez, is behind bars for abusing the child in a prior incident, said William Smith, a spokesman for Staten Island District Attorney Daniel Donovan.

A source at Richmond University Medical Center on Staten Island said the authorization for removing the toddler from life-support equipment could fall to ACS. An agency spokeswoman declined to comment.

Prosecutors allege that Garcia shook Hailey early Tuesday and then slammed her into her crib at home on Jersey St. in New Brighton in front of her mother.

For the next five hours, the toddler foamed at the mouth, wheezed, twitched and had her eyes roll back into her head, court documents allege. But Medina did not dial 911 until about 7 a.m.

Tina Moore

Devin L. Miller 20-month-old  

August 6 ,2006

Man charged in death of 20-month-old child

Avery E. Sam, 37, was arrested over the weekend for investigation of first-degree assault after Devin L. Miller, 20 months old, was taken to a hospital.

On Monday, a day after the boy died, Sam was charged with second-degree murder and remained in jail with bail set at $500,000.

Documents filed in Spokane County Superior Court show Sam was a convicted felon and his wife, Angelique Sam, was wanted on two warrants when Child Protective Services gave them custody of the boy who died and a 7-month-old foster child, one of two children who have been removed from the home.

Angelique Sam was a great-aunt of the child, and the boy was placed with the couple by the state Department of Social and Health Services and the Yakama Nation, said Kathy Spears, DSHS spokeswoman.

"Relative placements are something that are becoming more common as we try to keep more children with their families," Spears said.

Such homes are not licensed, but a background check and a home study are done, Spears said.

A fatality review will be conducted.

In a police affidavit, Detective Mark Burbridge wrote that Angelique Sam told investigators that Devin fell into the bathtub and hit his head last Wednesday while she was distracted by the younger child after she started to prepare Devin for a bath.

She told the detective Devin became fussy and started vomiting within a few hours, so she took the child to Holy Family Hospital for a CT scan, which showed no injury, but he kept vomiting and went into seizures Friday evening.

A CT scan at Sacred Heart Medical Center on Saturday showed a "massive subdural hematoma," swelling of the brain from internal bleeding that prevented blood from reaching the brain, and a doctor described the injury as "fantastically huge" and inconsistent with a fall into a bathtub, Burbridge wrote.

Copyright © 2006 The Seattle Times Company

Logan Goodall 2-year-old 

Died September 6, 2005

Trial delayed for doctor charged in connection with Logan Goodall's death
 
The trial of Dr. John Merrifield, who faces criminal charges in connection to the death of Putnam County toddler Logan Goodall, has been delayed.

Merrifield's trial was rescheduled to begin Nov. 5. The Dunbar doctor has pleaded not guilty to charges of gross negligence resulting in death and to charges of treating 2-year-old Logan for serious wounds and failing to report them to authorities.

Police have said Logan's fatal injuries stemmed from abuse that appeared to have been going on for a long time.

The child died Sept. 6, 2005.

Kanawha Chief Circuit Judge Charles King today granted the request for a delay from Merrifield's defense attorney, Greg Campbell. Assistant Prosecutor Don Morris did not object and said the delay is intended to allow the Putnam County trial of Merrifield's son, Michael, to take place first.

Michael Merrifield, 32, has pleaded not guilty to charges of first-degree murder, sexual abuse, first-degree sexual assault and child neglect in connection with Logan's death. He was the boyfriend of Logan's mother, Pepper Dawn Eren, and was caring for the child at the time of his death.

Outside the judicial annex today, relatives of Logan and founders of the group West Virginians Against Abuse held large signs and chanted "Justice Logan, Justice Logan."

Sheila Allen, a founder of the group, said the group was unhappy about the delay of the trial. The group distributed fliers asking for any potential plea bargain to be denied for defendants in the case.

"We're here because it's been two years, and there's still no justice for Logan," said Allen, who wore a T-shirt with the toddler's picture. "We want people to remember how he was brutally beaten and murdered."

Logan's grandmother, Melissa Eren, and some other family members stood with protestors.

After today's court hearing, Assistant Prosecutor Morris stopped outside the courthouse to warn members of the group that holding signs and chanting outside the courthouse could have an adverse effect on litigation.

"There's no way we can pick a jury if you are doing this," Morris told protestors. "The trial would have to be moved to another county."

"We're still going to be here," said Allen, who emphasized that she and others plan to gather again in November when the trial begins. "It's important for people to remember Logan."

Morris countered, "I know, but, it's important that we take this to trial."

Allen said she and other members of the group, which was founded two years ago after Logan's death, would turn out in even greater numbers in November, and at the September trial of Michael Merrifield in Putnam County.

Dr. Merrifield's wife and Michael's mother, Diane Merrifield, also was charged with gross negligence resulting in Logan's death. She, too, has pleaded not guilty.

Dr. and Mrs. Merrifield also are named in a civil suit filed against them by Logan's father, Jeremy S. Goodall.

Dr. Merrifield, the family's longtime physician, treated the boy for injuries to his buttocks and scrotum, and for burns to his heels less than a month before his death, court records show. Investigators say he should have alerted the state Department of Health and Human Resources to the child's injuries.

The autopsy report said the cause of death was blunt force to the abdomen, resulting in bleeding. It also said Logan had a head injury caused by abuse. Both injuries occurred within 24 hours before the child's death, the report said.

The medical examiner's report also said Logan had injuries consistent with sexual assault.

The child's mother pleaded guilty to a charge of felony child neglect and is serving a one-to-10-year prison sentence at Lakin Women's Prison near Point Pleasant.

Michael Merrifield is being held at Western Regional Jail in Barboursville.

According to her plea agreement with prosecutors, Eren is set to testify against Michael Merrifield at his trial. That trial is scheduled to begin Sept. 24 in Putnam County.

Dr. Merrifield has been called to testify in court several times about the case but has invoked his Fifth Amendment right, which allows witnesses to remain silent to avoid incriminating themselves.

The doctor was indicted in January by a grand jury, which determined there was enough evidence of an alleged crime to have a jury hear the case.

Merrifield has been a doctor in West Virginia since 1969 and has held numerous leadership positions, including president of the state chapter of the American Academy of Family Physicians and chief of staff at Thomas Memorial Hospital.

In 2006, the academy named him Family Doctor of the Year.

Contact writer Cheryl Caswell at cherylc@dailymail.com or 348-4832

Cameron Smith 14-year-old 
Died May 19, 2007
 
Cameron Smith Remembered

Jonesboro -- Fourteen year old Cameron Smith died much the same way he lived....alone.  The young boy was shot and left for dead behind the Alpine Apartments in North Jonesboro on Saturday night.  When the shots rang out, witnesses say that everyone in the area scattered, running away and leaving Smith to die.  His body was finally discovered Sunday afternoon.  Police arrested 19 year old Oze "O.J." Rucker, Junior and charged him with Smith's murder. 

Meanwhile, friends and a few family members held a candlelight vigil tonight at City Youth Ministries in Downtown Jonesboro.  Everyone there remembered Smith as a sweet, easy going boy. 

Smith had been in Foster Care since late last year when he, his brother, and little sister were taken from their mother.  He was placed in the home of Rose Mary Andrews, a long time foster care parent.  Andrews is disabled, retired and single.  She currently cares for seven children in her home. 

Cameron Smith's funeral is set for tomorrow morning at 11 am in Marked Tree.

Kai Gadison 4-year-old 

Agency alters hotline policy after child's death in motel

ORLANDO - The state's child welfare agency, embarrassed by the revelation it never investigated a tip about a filthy motel room where a 4-year-old girl was found dead, is changing how calls to its abuse hotline are handled.

Although Kai Gadison's mother previously had been under the Department of Children and Families' supervision for child neglect and was on probation in that case, the agency did not follow up on call from a probation officer about "suspect" living conditions shared by Kenya Hill and her six children.

Now, any calls from law enforcement officials or health care workers referring to a person with a known history of previous offenses will automatically start an investigation, DCF district administrator Mike Watkins said Friday.

The probation officer for Hill, 27, contacted the hotline after visiting the extended-stay Budget Motel on Dec. 2. But DCF officials said the hotline operator did not act on the call because there was no specific allegation of abuse.

On Monday, 11 days after the officer's visit, Kai was found dead in the motel room from a blow to the head. Hill faces a charge of first-degree murder.

Watkins said DCF also will work toward better cooperation with the Department of Corrections, so guardians' criminal histories can be integrated into case management.

"There wasn't a high enough level of coordination between their agency and our agency," he said.

In 2002, Hill and her husband pleaded no contest to charges stemming from his use of a belt to beat two of the children, including the girl who died. She was sentenced to four years' probation, and Kai and Hill's oldest child were taken away for a year. Nathan Gadison, 25, served about 15 months in jail.

Watkins said DCF officials are not satisfied with how the hotline operator handled the probation officer's call, but are awaiting results of an investigation before making a disciplinary decision.

The hotline, staffed around the clock, receives 500,000 calls annually, Watkins said.

By Associated Press
Published December 18, 2004

 
 
Report: Agency knew of living conditions at motel where girl died
ORLANDO (AP) ? Days before a 4-year-old girl died from a blow to the head in a filthy motel room shared with five siblings and her parents, the state child welfare agency was told about her living conditions but declined to investigate, according to documents released Wednesday.

Kai Gadison was found dead Monday after her mother called 911 to report the child wasn't breathing. She died of blunt force trauma to the head, an autopsy report said. The mother, 27-year-old Kenya Hill, is being held on six counts of child abuse and violation of probation.

Sheriff's deputies found dirty diapers and spoiled food littering the motel room, urine-soaked mattresses and baby bottles containing moldy milk and what may have been maggots.

Hill's probation officer from a 2002 case of alleged child abuse had visited the motel on Dec. 2, noted the "suspect" conditions and later called a state Department of Children & Families abuse hot line.

The agency replied that no law "prohibited a person from living in a one-room motel with their six children" and no further investigation was required, according to a Department of Corrections probation violation report.

Hill and her husband, Nathan Gadison, pleaded no contest in 2002 to charges stemming from his use of a belt to beat at least two children, including the girl who died this week, officials said Tuesday.

The child welfare agency briefly removed the two from the parents' custody but ended its supervision more than a year ago.

A sheriff's spokeswoman has said the husband is not considered a suspect in the child's death and may have been away from the motel at the time.

Gadison served nearly six months in jail in the 2002 case. Hill was sentenced to four months probation and for a time lost custody of Kai and a second child. It was unclear when Hill regained custody.

The Florida Department of Children & Families has been under fire for a series of cases in which it lost track of children. In September, officials acknowledged that confidential records for nearly 4,000 abused and neglected children had been available for months on the Internet.

Carlos Joel Ospina 2-year-old 

Died August 9, 2007 -It was an tragic accident ...but Child Protective Services asking for more tragedy!!

Hand over your children!

ACS tried to take my other kids, sez mom burying son

A Queens mother buried her 2-year-old son yesterday - and then battled child welfare workers to prevent them from taking custody of her other kids at the cemetery.

"How are they going to come and do this while I'm burying my baby?" cried Jacqueline Lopez, a mother of six, whose son Carlos Joel died last week in a fire. "This is disgusting, this is horrible. Couldn't they have waited a couple of days?"

Carlos was burned to death last Thursday in a fire accidentally ignited by his 6-year-old brother, Isaiah, who was playing with his mother's pink cigarette lighter in their Sunnyside apartment.

Isaiah and Lopez's 1-year-old twins were rescued from the blaze by their grandmother Carmen Ospina. Lopez, 29, was not home, officials said.

Lopez said social workers from the Children's Aid Society - which had placed Lopez's oldest child, a 13-year-old girl, in foster care several years ago - told the mom yesterday that workers from the city Administration for Children's Services were coming to the funeral to take her other kids.

"She told me they're coming to the cemetery to pick them up," said Lopez after the service at St. Theresa's Catholic Church in Sunnyside. "It was so disrespectful to my baby."

A friend of Lopez's called City Councilman Eric Gioia (D-Queens), who requested that the ACS not take action on the day of the funeral.

"Unless there's imminent danger to a child's safety, disturbing a funeral is outrageous behavior," Gioia said. "It's inexplicable."

The ACS would not confirm whether or not it was investigating the Lopez family. But a pair of ACS caseworkers were seen interviewing Lopez and Ospina last night.

Lopez, who is being housed in a motel by the Red Cross, said investigators told her they got an anonymous tip citing parental negligence from someone who had attended Carlos' wake.

"I'm trying to be strong for my kids; I don't want them to see me cry," said Lopez, who wept into the shoulder of her husband, Edwin Mendez, 45. "And now they want to put us through another pain by removing my kids. How dare they do that?"

"Once they take [kids] away from you, it's so hard to get them back," she said. "I can't live without my babies. I lost Carlos Joel and now they're trying to take my other ones from me."

jlemire@nydailynews.com

Toddler dies in Woodside fire set by older brother
 
Six-year-old Isaiah Lopez blames himself for the blaze that destroyed his Queens home and killed his baby brother Carlos Joel, his mother said Friday.

"He's like, 'It's my fault C.J. is dead,'" the boys' mother, Jacqueline Lopez, said at Elmhurst Hospital Center. "I tell him, 'It's not your fault, honey. Accidents happen.'"
C.J., as Isaiah's 2-year-old brother was nicknamed, died Thursday night in his bunk bed when a fire engulfed the family apartment at 47-26 49th St., in Woodside.

According to Lopez, Isaiah was playing with a lighter and accidentally sparked the blaze. Carmen Ospina, his grandmother, was able to save him and two other children but could not reach C.J., whose last name was Ospina.

The fire, which was called in around 7 p.m., took 60 firefighters and 12 fire department units about an hour to extinguish. It was caused by a child playing with a lighter, a spokesman for the city Fire Department confirmed Friday.

Lopez, 29, said she tries her best to comfort her older son, telling him that C.J. is watching down from heaven.

Isaiah knew he shouldn't be playing with fire, Lopez said, and he hesitated to tell his grandmother about it when the fire first erupted. She was watching the other children in the apartment while Lopez shopped at a store nearby.

When Ospina noticed the fire, she tried to rescue the four children in the apartment, Lopez said. She could only save Isaiah and 1-year-old twins Anabelis and Aleck.

"She went for him first, but he was already in flames," Lopez said of C.J.

Witnesses Thursday night described how Ospina, her hair singed from the inferno, fled from the burning building with the three in her arms. But she cried out she couldn't reach C.J.

Lopez ran home when she heard about the fire. "My house! My babies! My mom!" she recalled screaming.

She raced upstairs to rescue C.J. herself, she said, but firefighters turned her away as she reached the second floor, telling her that going any further was too dangerous.

Shortly after 10 p.m., workers from the city's medical examiner's office wheeled out a gurney carrying a tiny body bag. Lopez said she has yet to make funeral arrangements. She went to view the body Friday evening, said a woman who answered the phone at the Brooklyn Motor Inn where the family is staying.

The children had been released from the hospital and were expected to fully recover. None of the other residents who were in the five-story brick apartment building in Woodside during the fire were seriously injured. It wasn't immediately clear how many other apartments were damaged.

As of Friday afternoon, the children's grandmother remained upset and under psychiatric care at Elmhurst. Like Ospina's grandson, the grandmother faults herself for C.J.'s death, Lopez said, after visiting her mother for about an hour.

"She looks at me and says, 'I tried,'" Lopez said. Firefighters told her, "the last thing he did was put out his little hand," Lopez said, choking back tears.
 

Published August 11 2007
Michelle Fontanez 13-year-old 

Erica Cesare, an investigator with the Department of Children & Families said:"Not my problem."

Records reveal girl left in peril
Investigators wanted teen out of Lehigh home before her brutal killing

Less than a week before 13-year-old Michelle Fontanez was brutally beaten and raped, two medical agencies urged state child welfare workers to remove her from her home because they believed she was in danger, according to records obtained by The News-Press Monday.

Michelle, of Lehigh Acres, died Feb. 23, three days after the attack. Her stepfather, Alberto Hernandez, has been charged with first-degree murder and rape and remains in a Lee County jail.

Brandy Mendez, a social worker with The Child Protection Team - a medical group that advises the state in child abuse cases - recommended "that Michelle be removed from the home based on Michelle's disclosures of sexual abuse by Mr. Hernandez, (and) that Michelle expressed extreme hatred for her mother because the mother did not believe her when she disclosed the sexual abuse."

The Child Protection Team records include logs, notes, investigative reports and a video in which Michelle describes how she was previously molested by her stepfather.

At one point, Mendez told Erica Cesare, an investigator with the Department of Children & Families, that "Michelle did not want to go home and that there is an existing fear that she may further try to harm herself," according to Mendez' case notes.

"Erica stated, 'Not my problem,'" the notes said.

Because the documents were released late Monday, DCF could be reached for comment. Cesare did not return a phone call.

But a DCF investigation into its caseworkers' and lawyers' conduct, also released Monday, concluded the agency made mistakes.

Family members in Massachusetts say they are disgusted with the way DCF handled this case.

"I really don't understand this. If they said to take her out (of the home) why wasn't it done?" asked Renea Fontanez of Cambridge, Mass. She's Michelle's aunt and the sister-in-law of Michelle's mother, Migdalia Hernandez.

"This just drives me crazy ... she didn't have to die like this. I can't believe (Migdalia Hernandez) can wake up everyday and look at herself."

Records show need

The News-Press sought the Child Protection Team records of interviews with Michelle and other family members to further report on DCF's handling of this case.

Circuit Court Judge Hugh Starnes agreed the newspaper was entitled to the records. Seven reports ? including interviews with Michelle and her mother, medical assessments, a chronology of events and the video interview with Michelle ? were released Monday.

Jill Turner, coordinator of the Southwest Florida Child Protection Team, emphasized the records were released only because of a court order and the fact that Michelle had died.

"When we interview the kids, we assure them that this will not be public information ... we do not want kids to now think we just turn this info over to the media."

The Child Protection Team records and DCF internal audit were clear on several points:

1. Social workers from the Child Protection Team and Ruth Cooper Center ? a mental-health facility that treated Michelle ? both feared that the eighth-grader's stepfather would further sexually abuse her and that her mother, Migdalia Hernandez, 44, wouldn't protect her.

2.  Migdalia Hernandez, who has since moved out of Southwest Florida, had trouble with child protection agencies at least three times in Florida and Massachusetts. Records The News-Press previously obtained from DCF do not show their knowledge of prior abuse reports.

3. Michelle's older brother, Israel, 20, was removed from the home five years ago and sent to live with relatives and foster families because of abuse and neglect.

4. Michelle claimed her stepfather abused her since she was 5 years old. Interviews show a pattern of abuse that began with fondling and progressed over the years.

In one case a child therapist at Ruth Cooper Center referred to Michelle's home as a "toxic environment."

Ruth Cooper social workers also said that her allegations of sexual abuse against Alberto Hernandez were believable.

They recommended that she be removed from the home until further investigations could be completed.

DCF had all this information, yet returned Michelle to her home on Feb. 14.

Token protection

After the pleas from social workers at the two agencies DCF agreed to have Hernandez move out of the house.

He moved across the street.

A week later, Migdalia left Michelle in the house alone to drive Michelle's brother Israel to work. Police say that's when Hernandez pounced - raping and beating her into bloody unconsciousness.

Records show that DCF never sought to remove the girl or ask a judge to rule whether that was an appropriate move.

"Both CPT and the provider (Ruth Cooper) believed Michelle was sexually assaulted. What's more significant than a child crying to you saying, 'I don't want to be raped again?' If they'd listened to her, she might be alive today," said Howard Talenfeld, a Fort Lauderdale attorney and president of Florida's Children First, a nonprofit child advocacy group.

The internal audit report, which has been in the works for nearly four months, said that DCF and Ruth Cooper do not always agree on abuse assessments. And that "investigators are expected to base their investigative findings and recommendations on 'evidence,'" the report said.

DCF officials would not explain what is meant by "evidence." Nurses found no physical evidence of sexual abuse.

"The report is self-explanatory," said Tim Bottcher, a DCF spokesman.

DCF has previously tried to explain its actions in this case.

Agency lawyers in Fort Myers claimed in March they couldn't ask the court to shelter Michelle because her sexual abuse claims were made against her stepfather, not a parent.

But DCF lawyers in Tallahassee later rebuked that statement and sent out a memo to all of its offices explaining that DCF can investigate abuse claims against stepparents.

The new report also said:

1. A number of DCF policies were not followed.

2. The risk of harm to Michelle was not adequately assessed.

3. Decisions were based on "inadequate and fragmented information that resulted in the child remaining at risk."

4. Cesare claimed to have made background checks on family members that were never done.

5. The report also blamed the Child Protection Team and Ruth Cooper for not raising their concerns up the DCF chain-of-command.

Agency officials would not comment on whether they plan to discipline Cesare or her supervisors, John Taylor and Herb Glover.

"We are moving forward on implementing the recommendations set forth in the report and are confident that these measures will result in an improved child protection system," Bottcher said.

By Jeff Cull, jcull@news-press.com & Amy Williams, awilliams@news-press.com

Christina Armstrong 4-year-old 

Authorities advised mother at the time to better supervise the girl.

Mother, 31, arrested after daughter drowns in pool. Deputies say the mother often let her daughter roam the neighborhood unsupervised. She is accused of child neglect.

 ZEPHYRHILLS - Pasco County sheriff's deputies on Wednesday arrested the mother of a 4-year-old girl who wandered from her house last week and drowned in a neighborhood pool.

Stephanie Armstrong, 31, remained in jail Wednesday night in lieu of $5,000 bail. She faces a charge of child neglect. Her two other children are in temporary custody elsewhere, sheriff's officials said.

The arrest came after at least eight neighbors in the Sandalwood Mobile Home Park told investigators that they had often seen Armstrong's daughter, Christina, wandering the neighborhood alone.

Christina died April 4 after she climbed a chain link fence and drowned in the community pool near her 36131 Begonia Ave. home.

But neighbors said she has been found trying to get into the pool for nearly a year.

They said the homeowners association put locks on the pool gates after Christina was found trying to get in the pool on July 10, 2001.

Other neighbors said they often saw the child roaming the neighborhood on her tricycle. Sometimes she was in a diaper; other times she was naked. But almost always she was unsupervised, according to a sheriff's report.

Numerous neighbors said they had confronted Armstrong about keeping better watch over the child. They said she didn't listen.

One neighbor even told deputies that Armstrong once blamed neighbors when confronted about leaving her daughter alone: "It is the fault of the people living at the park because they don't help watch the child," she said, according to the report.

Reports also state that in October 2001 someone reported an abuse case against Armstrong to a Sheriff's Office hotline. The complaint stated that Christina was walking unsupervised on nearby Ryals Road at 9 p.m.

Authorities advised Armstrong at the time to better supervise the girl.

Deputies on Wednesday said Armstrong admitted that Christina often wandered off because she was unsupervised. Armstrong told deputies she often failed to lock the front door of the house, and in some instances would leave the front door open.

At the time of Christina's death, Armstrong told deputies that she had fed her 1-month-old daughter in another room and returned to the living room, where Christina was watching television.

Seconds later, the baby began to cry, and Armstrong returned to the bedroom to change her diaper. When she returned, Christina had disappeared, she said.

Armstrong searched and found her daughter at the bottom of the shallow end of the pool. She climbed the fence, pulled Christina from the pool and began CPR. Neighbors heard Armstrong's cries for help and called paramedics.

Rescue workers took Christina to East Pasco Medical Center, where she was pronounced dead just before 1 p.m.

By BRADY DENNIS, Times Staff Writer
© St. Petersburg Times
published April 11, 2002

Jason Brauer 22-month-old 

Died August 10, 2007

"You're talking about a 22-month-old child with nobody there to protect [him]."

Toddler who died also injured in June
Mother's boyfriend charged with murder

 
The toddler who died yesterday after he was taken to Toledo Hospital Thursday with severe injuries to his head and neck was treated in June for a broken arm, authorities said.

Kenneth Steinhoff, 424 Aberdeen Drive, Holland, was charged yesterday in Sylvania Municipal Court with murder in the death of 22-month-old Jason Brauer, authorities said.

Mr. Steinhoff initially was arraigned yesterday on a felonious assault charge, and then was charged with murder after the child died about 11 a.m. in the hospital, Lucas County sheriff's Lt. Bobby Leist said.

Investigators could charge Mr. Steinhoff with aggravated murder pending results of an autopsy scheduled to be performed today by the Lucas County Coroner's Office, Lieutenant Leist said.

Mr. Steinhoff was being held in the county jail in lieu of a $500,000 bond.

Mr. Steinhoff is the boyfriend of the child's mother, Susan Brauer. He was watching the boy, who family and friends knew as "LJ," at the time of the incident.

"It's very tragic," said Springfield Township Fire Chief Rick Helminski, who responded to the scene.

"You're talking about a 22-month-old child with nobody there to protect [him]."
 
Mr. Steinhoff called 911 about 1:30 p.m. Thursday and said the child fell off a bunk bed ? similar to what a neighbor, Vanessa Vospo, said she was told by the child's mother in June about how the toddler at that time broke his arm.

Jason was in critical condition Thursday when he was taken to the hospital with skull fractures, broken vertebrae, and damage to his lungs, authorities said.

Mr. Steinhoff later changed his story about how the toddler was hurt and demonstrated to investigators how he hit the child who then hit his head on a cupboard and then the floor, according to an incident report.

"We're waiting for medical reports to come in and a coroner's conclusion to have a better grip of what happened to the little guy," Lieutenant Leist said.

The doctors who treated the youngster in June for a broken arm said his injuries were consistent with the story told to them about the child falling off of a folding chair, hitting his head against a wall, and breaking his arm, authorities said.

"Was that a story that made sense and didn't really happen?" asked Dean Sparks, executive director of Lucas County Children Services. "We don't know the answer to that."

When children services interviewed Ms. Brauer after the incident two months ago, she told investigators Mr. Steinhoff never hurt the child and there was no violence in the home, Mr. Sparks recalled.

Ms. Vospo, 30, has lived across from the couple since they moved into their house in April and said Mr. Steinhoff "was never mean to the kids in front of us."

"This was a total shock to us," she said.

Contact Laren Weber at:
lweber@theblade.com   or 419-724-6050.
 
Grand Jury Indicts Man Charged with Killing Toddler

 

HOLLAND -- Twenty-seven-year-old Kenneth Steinhoff, recently accused of murdering a toddler, has been indicted by a grand jury. He is charged with murder and involuntary manslaughter.

Investigators say he admitted to hitting his girlfriend's son, 22-month-old Jason Brauer. The toddler suffered critical injuries to his neck, head and skull. Steinhoff will be in court later this month.

The incident happened in a trailer park in Holland. Police say Steinhoff placed a 911 call saying the toddler fell from the top of a bunk bed. Police say Steinhoff was watching his girlfriend's three children at the time, and two of them were outside playing when the incident happened.

Rescuers took the boy to The Toledo Hospital, where investigators say he was listed in critical condition with severe injuries to his head, brain, lungs, and neck, with trauma to his skull. The toddler died just after 11:00am on Friday.

An investigator's report says Steinhoff first said the child fell, then recanted and said he hit the child. He was charged with felonious assault, and arraigned Friday morning in Sylvania Municipal Court. The judge set his bond at $500,000. Steinhoff is now in the Lucas County Jail.

Neighbors aren't so sure the child was murdered, they say.

"You know, I'm sure it was an accident honestly. I don't think he meant for this to happen," one neighbor said. Other neighbors say Steinhoff seemed good with the kids.  

Dean Sparks, the executive director, of the Children Services Bureau said there was an incident with the child a while back.

"The red flag that sticks out to me as I reviewed the case is that there was one incident where he was charged with domestic violence," Sparks said on Friday.

CSB got a call regarding the same child just two months ago.

"The little one had a fractured arm and a bump on his head, an abrasion on his head," Sparks said. At the time, Steinhoff and his girlfriend said the toddler fell off a folding chair, and CSB determined it was an accident.

"There are other people we could have talked to in this case. Perhaps, we should have talked to the extended family more and talked with them," Sparks said on Friday.

Posted by KO

Trycia Balhous 2-year-old  

Died August 14, 2007

Social services left little girl to die 'at hands of mother'

A disturbed young woman is thought to have killed her two-year-old daughter before brutally stabbing herself just days after a mental health assessment declared her fit to be a parent.

Ntsimbi Galacia, 23, had been reported to police several times in recent weeks after neighbours became concerned about her increasingly erratic behaviour.

She was arrested by police last week for harassing a shopkeeper with deranged claims that he was the father of her daughter, Balthous.

Officers referred her to a mental health team who concluded last Thursday that she was not suffering from a mental health disorder and took no further action.

Police were called to her flat in Barking, Essex, shortly after midnight on Tuesday after a neighbour heard screams.

They found Balthous knifed to death and her mother suffering serious stabbed wounds.

Miss Galtricia was taken to hospital where her condition is described as serious but not life-threatening. North East London Mental Health Trust, which carried out her assessment, have now begun an investigation.

A multi-agency serious case review also been launched.

Barking and Dagenham Council said Balthous had not been on the child protection register and was not in care. Social services were not involved with the case.

Locals said that Miss Galtricia, a Congolese national, had behaved strangely since she moved to the area with her daughter eight months ago.

Huseyin Alacayir, 26, who works in an off licence nearby, said he called police several times after being constantly harassed by her.

He said: "I have had to bar her from my shop. She kept telling me I was her husband, that we lived together for three years and that I was the father of her girl.

"This was just complete nonsense. I had no idea who she was and she would make similar claims to other shop owners round here.

"I felt very sorry for her little girl because despite everything she was so happy and she loved playing with the other children outside."

Another resident, Kay James, 37, said Miss Galtricia allowed her daughter to run into the road and at one point made the girl cry by roughly picking her up by the arm and dropping her onto the pavement.

Mr James said: "I said to the police officer that they should take the kid off the mother because she was clearly not very well.

"I am disgusted that no one has done anything to keep the little girl safe. This seems to me as if it was completely preventable if they had taken action sooner."

Mother given OK before 'killing daughter'


By Ben Farmer

Last Updated: 3:56am BST 20/08/2007


 

A mother suspected of stabbing her two-year-old daughter to death before turning the weapon on herself had been declared a fit parent by mental health workers five days earlier.

Ntsimbi Galtricia, 23, was found in a high-rise council flat with the body of her daughter, Balthous, in the early hours of yesterday morning.

Council officials began a review of the case last night after they confirmed that Miss Galtricia, whose injuries are not thought to be life threatening, had been seen by a mental health team last week.

They concluded that the child was not at risk.

Scotland Yard detectives had not made any arrests yesterday, but are not believed to be looking for anyone else in connection with the death.

Miss Galtricia, who spoke French and had little English, had lived in the flat in Barking, east London, for about a year.

Residents said the African woman was well known for her erratic behaviour and had been barred from shops for causing trouble and falsely accusing men of fathering her child.

Miss Galtricia was arrested last Wednesday for harassing an off-licence worker.

She was checked by a police doctor followed by council mental health workers.

They found she was not suffering from mental illness and released her on bail.

However, officers were called again to a similar disturbance on Saturday at a barber shop.

One neighbour said he had pleaded with police to take the child into care.

Police said they had talked to Miss Galtricia and referred the case to social services.

A spokesman for Barking and Dagenham council said: "This is a tragic incident and our sympathy and concern goes to the mother and her family."

He said information received from the police did not lead them to fear for the safety of the child.

A spokesman for North East London Mental Health Trust said it would conduct its own investigation.

He said the mother was seen promptly after a request for an assessment.

"There were no grounds for concern for child welfare or safety at that point," he said.

Kay James, 37, who knew Miss Galtricia, said he had asked police on Saturday to take the child away after the second disturbance.

He said: "I said all I care about is take the baby off her."

Huseyin Alacayir, 26, said he had barred her from his off-licence.

"At first she was acting like a normal person.

"But the lady wasn't happy because she was looking sad when she came in.

"She was telling me I was her husband and I needed to go home because the kid needed me. She was shouting," he said.

"I feel very sad. We told police that something was going to happen to the kid at the end of the day."

John Penhaligon, 36, a greengrocer in the area, said: "She was well dressed, well fed, a bubbly little girl skipping along beside her mum."

James Whakaruru 7-year-old 

Child's road to a lonely, brutal death -

James died in Easter 1999, after being beaten by his stepfather, Benny Haerewa, using his fists, a jug cord, a vacuum cleaner hose and a small hammer. The Commissioner for Children's report on this case found that poor interagency communication characterised the contact with James and his family. Despite approximately 40 visits to health professionals, agencies successively failed to recognise the signs of abuse, or assumed that other parts of the system would protect James. CYF simply failed to follow established procedures (for example, they did not hold a Family Group Conference to ensure that all members of the extended family knew there was a serious problem).

The story of James Whakaruru, who was beaten to death by his stepfather, will be told at an international child abuse conference in South Africa next week.

Four-year-old James died in April last year, in Hawkes Bay, after being pummelled by his stepfather, Benny Haerewa.

Commissioner for Children advocate Trish Grant will tell the annual international child abuse conference, in Durban, how New Zealand's system failed James.

Ms Grant said it was a dire warning of how child abuse could be hard to detect if state agencies failed to communicate. The international message was that the onus was on governments to provide care and protection for children.

In James' case, many indicators were never put together, she said. "It's that picture of risk, that whole jigsaw puzzle put together."

James died after one or more assaults from Haerewa, who had already been convicted of assaulting the boy.

The report found agencies worked without reference to each other, and ended their involvement assuming other parts of the system would protect James.

His mother, Te Rangi Whakaruru, had attempted suicide 10 days before his birth, when she was aged 15, but her midwife did not tell Plunket. After nine unsuccessful attempts to make contact, Plunket gave up without advising the listed GP or anyone else.

James was admitted to hospital several times before Haerewa was arrested and convicted, but released on bail. Police did not tell Child, Youth and Family Services that Haerewa was associating with the family in breach of bail conditions.

CYFS failed to investigate the case or refer James for a family group conference.

Later, after James was taken to hospital with further injuries, doctors did not check his medical records, or alert CYFS. Probation officers did not check on Haerewa after his release, even though he failed to report regularly.

James died shortly after being taken to hospital with severe internal injuries.

Kelly Gush 12-year-old 

Died August 5, 2002

CYF intervening with the family on four occasions prior to her death.

A damning report into the way Child Youth and Family (CYF) handled the case of slain 12-year-old Kelly Gush highlights systemic flaws within the family support agency.

Kelly was murdered on August 5, 2002 by her mother's partner, Darren Mackness, 35, despite CYF intervening with the family on four occasions prior to her death.

Some 15 months before she was killed, CYF determined Kelly's circumstances had improved and their services were no longer required.

CYF General Manager Ken Rand sticks by the decision to close Kelly's file.

"It was the right decision based on the information available at the time," Rand said.

Mackness struck Kelly twice in the head with martial-arts kicks as punishment for vomiting while eating her dinner.

Rand acknowledged that his department failed to meet its own standards in its handling of Kelly's case.

The review shows CYF should have acted on a letter it received from Child and Adolescent Mental Health Services in October 2001 regarding Kelly's sibling.

But the letter was treated as a new notification and CYF failed to link the letter with Kelly's case.

The agency admitted its investigation processes were not carried out as fully as they could have been, but blamed a high case workload.

CYF will not take any disciplinary action but said it has now improved its record-keeping and hired additional staff.

CYF is also declining to take diciplinary action in a case where a three-year-old boy was killed while under the agency's care.

Rand is backing his department's decision to place Tamati Pokaia in the care of Michael Waterhouse.

Waterhouse, 41, was sentenced in the High Court on Wednesday to 10 years in jail for the manslaughter of Tamati.

Rand said CYF was unaware of Waterhouse's alcohol-related violence when it placed Tamati.

"Social workers exceeded official requirements during their assessment of the Waterhouses to be approved caregivers," Rand said.

The report also says social workers did not visit Tamati for four months up until his death because visits were cancelled by the family.

Craig Manukau 10-year-old 

Died November 1992

New Zealanders reacted in horror, haunted by the lost promise in Craig's school picture, which shows a boy with a winning smile and sparkling eyes.

Craig was removed from a school disco by his father and kicked to death while his mother turned up the radio to drown out the noise. The Commissioner for Children's inquiry found that the over-familiarity of the CYF social worker working with the family led to an inability to make an objective decisions regarding Craig's safety.

In November 1992, 10-year-old Craig Manukau, from a small town in the North Island, went to a school disco against the wishes of his parents - who had been drinking at a party all day.

When 29-year-old Carl Manukau came home to find his son had disobeyed his wishes, he drove to the school hall and marched Craig outside. Witnesses described how Carl started punching his son as he threw him into the car and drove off. Nobody intervened.

Once home, Carl beat and kicked Craig to death while his wife, 28-year-old Lavinia Manukau, cowered in the kitchen, blocking her ears and turning up the radio so she could drown out her son's screams and her husband's rage.

New Zealanders reacted in horror, haunted by the lost promise in Craig's school picture, which shows a boy with a winning smile and sparkling eyes.

Yaakov Riegler 8-year-old 

Abuse Turns Fatal: How the System Failed -- A special report.; As Mother Killed Her Son, Protectors Observed Privacy

In 1986, Shulamis Riegler beat her 8-year-old son Israel so badly that he was hospitalized in a coma. Doctors noticed human bite marks on his shoulder.

When the boy recovered, he and his two little brothers spent several years in foster care before going home in 1988 and 1989.

Then, barely a year later, Mrs. Riegler beat another son, Yaakov. She twisted his leg so viciously that she heard his thigh bone crack. The retarded boy, 8 years old, 3-feet-8 and 48 pounds, was taken to the hospital in a coma and never woke up. Known as Abusive

Yaakov was one of seven children who died in 1990 after repeated beatings and whose families were known to New York City's child welfare system as abusive or neglectful, a recent city report found.

In the report, the only public accounting of how the city's Human Resources Administration handled such cases, Yaakov was an anonymous statistic, unnamed because of strict state confidentiality laws that protect the privacy of informants and families, even, as in Yaakov's case, when the mother has pleaded guilty to killing her child. Mrs. Riegler is to be sentenced today to 7 1/2 to 15 years in prison.

Yaakov's story, pieced together through interviews and medical, school and court records, is about an affectionate if sometimes demanding boy, who could speak only in monosyllables, but whose bruises and broken bones would later tell of his pain. It is about a mother who married at 19, had children quickly and was overwhelmed by the unending tasks of homemaking. Agency's Scattered Work

And it is about a child welfare system that was unable, despite repeated warnings, to help the child. The work the agency did was so scattered and uncoordinated that at one point a city worker was ending the supervision of Mrs. Riegler -- because she had supposedly learned to be a nonviolent parent -- on the same day that another worker was investigating a new report that Yaakov was being abused. And confidentiality laws also played a part, preventing Mrs. Riegler's probation officer from finding out about new reports of abuse in her home.

Lastly, it is a story about a pediatrician who, though he knew of Mrs. Riegler's abusive history and was called on several times to treat Yaakov's wounds, said he recognized in the Riegler household only a harried mother, not a battered child.

When Mrs. Riegler pleaded guilty in State Supreme Court in Brooklyn last month, Judge Francis X. Egitto condemned the city's child protection system -- a system whose goal is to reunite children with their natural parents whenever possible -- and the boy's doctor for not saving Yaakov's life.

"It's not just Mrs. Riegler who is guilty of the death of Yaakov," the judge said. Birth 'Confidentiality' For the Mother

Yaakov Riegler was born on July 1, 1982, the third son of Moses and Shulamis Reigler. The family lived in the insular Orthodox Jewish world of Borough Park, Brooklyn.

Mrs. Riegler had trouble coping with the demands of raising and disciplining her boys, she later told a psychiatrist. Sometimes she lost her temper and struck them.

Yaakov was almost 4 when she beat her eldest son, Israel, so harshly that he arrived at Maimonides Medical Center unconscious. Medical records show that his body was covered with bruises and that he had burns in various stages of healing on his face, back and arms.

"The child is not so good on his feet and he falls a lot and could have hit his head," Mrs. Reigler told the hospital social worker at the time.

But later that year, Mrs. Reigler pleaded guilty to attempted assault and was placed on five years probation, with a requirement that she receive psychiatric treatment. Her children were sent into foster care. The two oldest, Israel and Zelig, 6, were sent to live with an uncle by the Ohel Children's Home and Family Services, a private foster care agency under contract with the city. Yaakov was sent to a home that cared for retarded children.

Mrs. Riegler regularly attended appointments with a Manhattan psychiatrist, Arthur Cronen, and began visiting her children in late 1987

Dr. Cronen said Mrs. Riegler had very little self-confidence and a troubled marriage. "She had no pressure valve, no place to ventilate," he said. She told the doctor she felt that her husband undermined her when she disciplined the children: when she tried to get the boys to bed, her husband would say, "Oh, don't listen to her."

Dr. Cronen tried to get Mr. Riegler to come for counseling, too, but after the first few sessions he quit, saying his back hurt. So Dr. Cronen concentrated on teaching Mrs. Riegler how to control her temper. She seemed to be improving, he said, and did well on extended visits with her children.

Between September 1988 and September 1989 Mrs. Riegler got her children back one at a time, Yaakov last. She also gave birth to a boy, Ben-Zion. And she stopped seeing her psychiatrist. Her last face-to-face session with Dr. Cronen was in March 1989. After that, they only chatted occasionally on the phone. "It seemed O.K.," Dr. Cronen recalled. "She said things were fine." School Beloved Aide Grows Suspicious

When Yaakov came home, he was enrolled at Public School 205. He was happy with simple things: playing with construction paper, saying his colors out loud. He doted on Jo Anne Pesce, a teacher's helper in his class.

"He always wanted to hold my hand," Ms. Pesce said.

But just a month after school began, Ms. Pesce began to notice that Yaakov was bruised. One day, he pointed to his chest and said, "Boo-boo." She lifted his shirt and saw bruises on his chest and back. Later, she said, she saw an impression of fingernails on his cheek. Another time, the skin above his right ear was bruised and cut.

Worried, Ms. Pesce went to the school guidance counselor, Elizabeth Lantiere. Mrs. Reigler's explanation was that Yaakov had fallen down on the kitchen floor.

Mrs. Lantiere, unaware of Mrs. Riegler's history of abusiveness, was uncertain what to do. The boy was difficult to understand. He had brothers at home. Maybe they fought, Mrs. Lantiere told herself. 'I Didn't Think of This'

"Jo Anne was most worried," Mrs. Lantiere said. "She kept pestering me. But I didn't think of this kind of abuse from the mother."

Nonetheless, on Nov. 27, 1989, Mrs. Lantiere called the state child abuse line. Her report stated only that there were marks on Yaakov's face, ear and back.

The case was assigned to a city child abuse investigator, David Schwartz, who had been hired eight months earlier -- one of hundreds of caseworkers hired to handle an exploding number of abuse reports.

Mr. Schwartz went to the school the day after Mrs. Lantiere called. Ms. Pesce said she lifted Yaakov's shirt to show Mr. Schwartz the marks on the boy's back. "He was shocked," she said.

But that same day in Family Court, the Human Resources Administration, apparently unaware of the new investigation by one of its own workers, asked a judge to approve a final return home for the Riegler children and end its supervision of the family. Judge Did Not See Yaakov

Ohel, the agency that the city had assigned the case, recommended that the family be reunited. Yaakov was not present in court where the judge could have seen his bruised face. School officials said no one from Ohel ever contacted them to ask how Yaakov was doing. Lester Kaufman, Ohel's executive director, said he could not comment because of confidentiality.

Days after the abuse report was filed, Yaakov disappeared from school for virtually the entire month of December and much of January. On Feb. 7, 1990, the school attendance officer called the boy's home. Mrs. Riegler told her that Yaakov "is sick til further notice," a school log shows.

Mrs. Riegler's peremptory tone aroused the school's suspicions. A week later, Mrs. Lantiere's records show, she called Mr. Schwartz and left a message that Yaakov had been absent too much. The school's truant officer went to Yaakov's home. Mrs. Riegler told him over the intercom that Yaakov had an ear infection. The records have no further details on the incident, and it is unclear whether the truant officer insisted on seeing the boy.

During this time Mrs. Riegler was also on probation for Israel's beating. But in March 1990, a year and a half before her five years probation were up, the city's Probation Department moved to end its supervision. Such early releases are not unusual when the person on probation keeps appointments and the department learns of no new problems. Twice, her probation officer had asked Human Resources for any reports that the mother had again abused her children, and was told the information was confidential. Trouble Throwing a Ball

On March 5, Yaakov briefly returned to school and his teacher noticed he was having trouble throwing a ball in gym. His right elbow was swollen and bruised. School records show that the teacher called Mrs. Riegler, who said she hadn't noticed anything, but would take Yaakov to a doctor.

An autopsy after his death found signs of a partly healed broken right elbow, which may never have been treated.

On March 15, 10 days after the school noticed the swollen elbow, Mrs. Reigler took Yaakov to the family pediatrician, Max Bulmash. The doctor said he noticed nothing wrong with the boy's elbow. "Unless I'd put him through the maneuvers of ball throwing," the doctor said recently, "I would not have noticed that."

Yaakov did have a scrape on his forehead. Dr. Bulmash said Mrs. Reigler told him that Yaakov had walked into a wall -- an explanation that the doctor said he found plausible. Yaakov was a clumsy child who bumped into things, the doctor said -- a description of the boy that school officials dispute. A Reminder to Call Welfare

A handwritten note at the bottom of Yaakov's chart that day includes a reminder the doctor wrote himself to call city child welfare workers. Dr. Bulmash said he did not suspect abuse, but did think Mrs. Riegler was having trouble coping with Yaakov and needed homemaker services.

"He was a lovable child, no question," the doctor said. "He was responsive to human touch, but he needed care like an infant. He frequently soiled himself and got into things."

Dr. Bulmash said that some time before Yaakov's death, he had heard that Mrs. Reigler had beaten one of her other sons. He had also talked with the city investigator, Mr. Schwartz. At one point, Mrs. Reigler called him while Mr. Schwartz was at her home, complaining that the investigator was snooping around. Mr. Schwartz told the doctor over the phone that he had found no problems, Dr. Bulmash said.

Mr. Schwartz declined to speak about the case.

The doctor said he never saw any signs of abuse on Yaakov, nor did he ever call the state child abuse number. Crisis Putting Off Frantic Teachers

Yaakov's absences from school began again, starting two days before he went to see Dr. Bulmash and lasting for two solid months, until May 15. During that time, the school again called the child abuse line to report the absences.

On May 21, 1990, just a week after Yaakov finally returned to school, Ms. Pesce noticed that his right cheek was bruised. Again, she took him to Mrs. Lantiere's office. The counselor took out dolls. When she asked who had hurt him, the boy picked up the female doll and said, "Mommy boo-boo."

Two days later, Mrs. Lantiere got in touch with Mr. Schwartz, the investigator, to let him know Yaakov was back in school and still bruised. 'Used to Make Me Crazy'

"Mr. Schwartz used to make me crazy," Mrs. Lantiere said. "The teachers were begging me every day to call and find out. He never said anything concrete. He would say, "We're looking into it. We're aware of it."

The next day, Mrs. Riegler again took Yaakov to see Dr. Bulmash. The doctor said he saw no suspicious bruises. "I always undressed him entirely," he said. "I never noticed anything."

That day, Dr. Bulmash gave Yaakov stiches for a cut near his eye. The mother told him her son had cut himself with scissors at school. "The explanation was plausible and didn't seem suspicious," the doctor said. "But I thought a child like that shouldn't be handling scissors."

He said Yaakov's eye might have been bruised, though he made no note of it. "A cut near the eye will settle blood around the soft tissue of the eye," he said. Oozing Gash on Head

A month later, on June 20, Yaakov's teacher noticed an oozing gash on top of his head, which was "severely bruised." Mrs. Lantiere called Mr. Schwartz's supervisor, Harold Damas. He promised to look into it, she said.

That same day, Mrs. Riegler took Yaakov to see Dr. Bulmash. The doctor's chart notes "a wound on back of head." The mother "denied knowing how it happened," he wrote. "I elected to treat with Bactoban."

A week later, Mrs. Lantiere called Mr. Schwartz again. School was almost out for summer, and she wanted to be sure Yaakov was safe. He assured her that the city was referring the family to the Ohel agency.

She sighed in relief, only to learn later that the children remained in the home without Ohel's supervision. Death A Month of Signs And Excuses

The next school year began ominously. On Sept. 13, Yaakov's teacher noticed a burn under his right eye. The next day, Mrs. Lantiere was on the phone to Mr. Schwartz, asking him to find a home for Yaakov "where he will not be getting hurt all the time," her notes say.

Sept. 18: Yaakov is black and blue on his chest, his hip, along his spine and close to his collarbone.

Sept. 19: "Yaakov is walking strangely. His left knee gave way while walking up the stairs." At lunch time, he was "extremely frightened of water," school records say. "He screamed and his whole body was trembling."

Sept. 24: He had scratches on the left side of his neck and a bruise on his cheek and forehead. He had fingerprints on his neck.

"I was frantic," Mrs. Lantiere said.

Sept. 25: Mrs. Lantiere called Mr. Schwartz again.

Sept. 26: She went over the investigator's head and called the state child abuse line, the third such report made by the school. Appeared to Be Burn Marks

The next day, another H.R.A. investigator, Keith Glascoe, visited the Riegler home. He later told a hospital social worker that he had seen what appeared to be burn marks on the boy. Yaakov told him that both his mother and father had hurt him, but that his mother hurt him more. Mrs. Reigler's explanation was that Yaakov always fell and hurt himself.

Mr. Glascoe visited the school and told the principal, Philip Tritt, that he was having trouble finding an Orthodox Jewish foster home for Yaakov.

Sept. 29 was Yom Kippur, the holiest day of the Jewish year, a day of atonement. Yaakov stayed home with his mother while his father and older brothers went to temple.

Mrs. Riegler was pregnant with her fifth child, and felt sick. Yaakov had diarrhea and soiled himself several times. Mrs. Riegler had to clean up after him repeatedly. She later confessed in court that she "lost control" and beat Yaakov. His head hit hard against the wall.

The comatose boy was taken to Maimonides, where his brother had been treated four years earlier. Mrs. Reigler blamed Yaakov's injuries on his clumsiness, just as she had with Israel. She told a hospital administrator that she was praying in the dining room when Yaakov fell.

The mother, dressed in a nightgown, sat talking with Dr. Bulmash, who had came into the emergency room looking "white" and very upset, the hospital social work report stated.

"I did not push him!" hospital workers heard her shout.

On Oct. 14, 1990, Yaakov died.

In a subsequent trial of the parents in Family Court, it took a medical examiner almost an hour just to describe the bruises on Yaakov's arms. Epitaph Mild Punishment, Much Secrecy

Postscript: Yaakov's death led to new calls by the city's Probation Commissioner, Catherine M. Abate, to ease confidentiality laws. New legislation is pending.

Dr. Bulmash is under investigation by the Brooklyn District Attorney's office, which is trying to determine whether he violated laws that require doctors to report signs of child abuse to the state phone line.

H.R.A's child fatality review panel recommended that the agency report Dr. Bulmash to the state Office of Professional Medical Conduct, but was prevented from doing so by the agency's lawyers, who said confidentiality laws forbade it.

Mrs. Riegler's probation officer, Yvonne Hernandez, who was carrying about 160 cases at the time Mrs. Rieger's probation ended, was mildly disciplined for sloppy record keeping. Her supervisor agreed to early retirement after an internal investigation of the case, probation officials said.

The abuse investigators, Mr. Schwartz and Mr. Glascoe, as well as their supervisor, are still working in the same Brooklyn office. H.R.A. would not say whether they were disciplined, citing confidentiality.

Mr. Riegler pleaded guilty to failing to stop Yaakov's abuse and is on probation. Yaakov's brothers are living with an uncle.

Published: February 10, 1992
Melissa Strickson 13-year-old 
Father claims serious failures on the part of the local police and social services
A FATHER has gone to the High Court to gain the right to sue local authorities after his daughter died of a drugs overdose.

Melissa Strickson, 13, died in October 2001 after running away from home with three other girls and taking refuge at the home of self-confessed white witch Sally Corkhill, of Sudell Road, Darwen.

Her father, Victor Strickson, who has started legal action against the police and Blackburn with Darwen Council, claims the authorities failed to give them help in controlling Melissa, who ran away from home 27 times.

Victor and his wife Sue, of of Tockholes Road, Darwen, say their requests for Melissa to be placed in a children's home were denied.

Melissa had a massive overdose of coproximol tablets and was pronounced dead on arrival at Blackburn Royal Infirmary.

Corkhill, 41, was sentenced to two years in jail after pleading guilty to four abduction charges and two of administering a controlled drug.

She was cleared of manslaughter.

Her lover, Lee Harrison, 31, also of Sudell Road, received nine months on four charges of child abduction.

Mr Strickson issued proceedings in Blackburn County Court in October 2002 alleging that his daughter's death had been caused by serious failures on the part of the local police and social services.

But in March last year his claim for damages was struck out by District Judge Law, sitting at Preston County Court.

A month later, Judge Appleton refused Mr Strickson permission to appeal on the ground that his action had no prospect of success.

The judge also dismissed Mr Strickson's renewed application to appeal in July last year on the grounds that his case was not arguable.

Yesterday Stephen Knafler, appearing for the father, argued in the High Court that the county court decisions were "perverse", and that Mr Strickson was the victim of a miscarriage of justice.

Mr Strickson is seeking judicial review against Preston County Court.

Lancashire Telegraph

Leticia Aalayah Wright 4-year-old 
Killed after social workers had visited the family
 
 
A four-year-old girl died after suffering "sustained and brutal" abuse which left her with injuries equivalent to a major road crash, a court heard.

Leticia Aalayah Wright, of Almondbury Bank, Huddersfield, West Yorks, died in November from multiple injuries.

Her mother, Sharon Wright, 23, and Peter McKenzie-Seaton, 22, deny murder.

Bradford Crown Court heard that social workers had visited the family after hearing concerns from neighbours, but no action was taken.

Ambulance staff found Leticia lying on the living room floor of her home. She was covered in bruises, both old and new, the court heard.

Nicholas Campbell QC, prosecuting, said: "The cause of death was multiple injuries and they were mainly forceful blows to Leticia's head and to her abdomen.

"These injuries had been inflicted between two and three days before she died. She had suffered other injuries over a longer period than that.

"It's not possible to say which of the two assaulted her, bringing about her death, but it's proper inference that they were in it together."

Looked sad

The court heard the two defendants, who each had a child from previous relationships, moved in together three months before Leticia's death.

Neighbours said they received few visitors, the windows were rarely opened and the curtains were invariably drawn.

Mr Campbell said: "There was little evidence of a family life being lived beyond the closed door.

"One feature of that life was noticed by a number of neighbours - the amount of time Leticia spent in her bedroom.

"She could be seen on most week days standing in front of the closed curtain of her window, looking out into the street below.

"Sometimes she looked sad but she often responded to the waves of those who were passing below and she smiled."

Two neighbours contacted social services, who discovered the girl was not registered with a local surgery or nursery.

On 13 October two social workers visited the house, the court heard.

No marks

Leticia was found lying in her dressing gown on a bed, without any cover or bedding.

Wright told the social workers she had wet the bed and the bedding was being washed.

Mr Campbell said: "As far as they could observe there were no marks on her. She was responding affectionately to her mother.

"She appeared to be of the appropriate size and weight for her age."

Leticia was registered at the nursery the following Monday.

After checking with the school that she had been registered, the file on Leticia was closed.

Leticia attended nursery for the next week but failed to turn up in the following weeks, the court heard.

Wright and McKenzie-Seaton also deny an alternative charge of causing or allowing the death of a child.

The trial continues.

Lorenzo Wilson 8-month-old 

Man Charged With Killing Foster Baby

SEATTLE - A 22-year-old Auburn man was charged Monday with second-degree murder in the death of an 8-month-old foster child, the King County prosecutor's office said.

Jeremy James Sanchez admitted he shook Lorenzo Wilson and struck his head against a wall last Wednesday.

"Sanchez said he is under a lot of stress because his father is going blind, his uncle is having heart surgery, his ex-girlfriend won't let him see his daughter ...," King County sheriff's Detective Michael E. Sutherland wrote in court papers.

"I got a call Wednesday. They said it was not looking good. It was about my baby," said Bonnie Wilson, Lorenzo's mother. Bonnie has been in treatment for alcohol abuse but said she trusted her baby was safe in foster care.

Sanchez was living with his ex-girlfriend's sister, Huyana M. Tougaw, 27, who was the foster mother of the baby.

He had been caring for 8-month-old Lorenzo and a 5-year-old foster child during the days while Tougaw was at work - though he had not been approved by Child Protective Services to care for the children.

The charging document said that on Oct. 20, he called Tougaw home from work because the baby had fallen off a bed and was not responsive, he initially told detectives. Tougaw called 911.

Doctors at Harborview Medical Center, where the baby died Friday, said the injuries - skull fractures, brain shifting, brain swelling - were too serious to have come from falling off a 15-inch-high bed.

In subsequent interviews, Sanchez admitted he hit the baby's head against a wall, though he said it was accidental, the document said.

He told detectives, "I want to go to jail and get it over with."

The foster mother told detectives she didn't tell Child Protective Services that Sanchez was watching Lorenzo because he would not have passed the background check. Sanchez has a previous conviction for marijuana possession.

"I wish we would have got him back," said John Wilson, Lorenzo's Grandfather. Lorenzo's grandparents wanted custody, but said DSHS would not approve it. "It hurts inside," Wilson said.

A DSHS spokesperson said that children are placed with relatives when possible, but was unable to provide details about Lorenzo's case.

Sanchez is scheduled to be arraigned Nov. 4 in King County Superior Court.

 By KOMO Staff & News Services 

Story Published: Oct 26, 2004 at 12:01 AM PDT ,Story Updated: Aug 31, 2006 at 1:36 AM PDT

Quincey Simmons 3-year-old 

March 24 2001

Quincey Simmons, 3, Omaha, died March 24 of blunt force trauma to head. Foster mother is serving 6-15 years in prison after pleading no contest to manslaughter in a plea agreement.

 

Davario Lewis 9-month-old 

DSS says dead baby's mother not suspect

Says child abused by someone else

State officials said yesterday that they believe a 9-month-old boy found badly beaten and in cardiac arrest on an MBTA bus Thursday afternoon was abused by someone other than his mother, a drug addict who since last fall has been living in a residence for at-risk women.

Denise Monteiro, a spokeswoman for the Department of Social Services, said that DSS investigators have concluded that the child was harmed by an ''unknown perpetrator," not his mother. Monteiro, who would not elaborate on the findings, said her agency has forwarded the information its investigators gathered to police and has closed its case file, since the child's mother has no other children.

Three law enforcement officials with knowledge of the investigation yesterday identified the child's mother as 23-year-old Cynthia D. Simkins, who has been living at the Crittenton Hastings House in Brighton. A family member and an official with knowledge of the case identified the child as Davario Lewis. Two officials who spoke on the condition of anonymity said that the child's father is currently imprisoned.

Yesterday, a family friend of Simkins's parents, Dale and Cynthia S. Simkins of Hyde Park, said that the younger Simkins has been in and out of trouble with the law and has battled drug addiction for years.

Boston police would not comment on the investigation or confirm whether Simkins or anyone else is being investigated in connection with the death. No charges had been filed in the case as of yesterday.

In October 2003, Simkins's mother asked a West Roxbury District Court judge to issue a restraining order against her daughter after she allegedly broke into the family home and stole two pairs of diamond earrings to help support her drug addiction. According to the application for the restraining order, earlier that year Simkins had also stolen her father's truck.

''[My] daughter is on drugs, stealing, acting out," Cynthia Simkins wrote in seeking the restraining order. ''I'm home alone. I do not feel safe with her in my presence or around me."

In the document, the older Simkins described her daughter as being 5 feet 4 inches tall and weighing just 95 pounds.

The family friend said that Dale Simkins is an Iraq war veteran who was out of the country at the time of the thefts. He returned from active duty last October, the friend said, and began bringing his daughter home from the Crittenton Hastings House for visits. Dale Simkins doted on his grandson, the friend said, and sometimes baby-sat with him.

''They're very nice people," said the friend, who requested anonymity. ''He was a beautiful baby. This must be killing them. She is their only child, and this baby was her only child."

Simkins's parents live on a quiet, tree-lined street. Christmas lights still dangle from their roof, and a white picket fence runs across the backyard. The front windows of their well-kept house are decorated with dolls.

Reached on her cellphone yesterday, Simkins's mother, who works for the Massachusetts Turnpike Authority as a toll collector, would say only that she did not know where her grandson had been just before his mother visited a Mattapan Square McDonald's with him and boarded the Route 28 bus bound for Ruggles station around 4:20 Thursday afternoon.

Police officials said the baby appeared to have been dead for several hours before he was discovered on the bus. Employees at the McDonald's restaurant that Simkins visited before boarding the bus told police she had refused to let them see the baby, who was covered with a blanket. After leaving the restaurant, Simkins boarded the bus, sitting near the front. Police said she sat quietly for about eight mintues before beginning to perform CPR on the baby.

The bus driver noticed the commotion and flagged police driving nearby in a cruiser. The officers attempted to revive the baby, but found that he wasn't breathing and that his eyes were open and bloodshot.

Police did not release any new information on the investigation yesterday, but a police official familiar with the case said officers at the scene were struck by the mother's lack of emotion.

''The woman appeared like she didn't care at all," said the official. ''There was no remorse, no guilt."

The bus driver, who could not be contacted yesterday, is a 43-year-old mother and veteran MBTA employee. An MBTA official said the driver was so distraught that she had to be treated for stress-related injuries. Police had to wait several hours for her to calm down before interviewing her, the official said.

An autopsy was scheduled to be performed on the baby late yesterday, but a spokesman for Suffolk District Attorney Daniel F. Conley said the results were not expected to be immediately available. Until the medical examiner determines how the child died, the case is considered a ''death investigation," not a slaying, said David Procopio, the Conley spokesman.

Mac Daniel of the Globe staff and Globe correspondent Jack Encarnacao contributed to this report. Suzanne Smalley can be reached at ssmalley@globe.com. John Ellement can be reached at ellement@globe.com.

Dustin Rhodes 9-year-old 

Died August 13, 2003

Mom blames CPS for son's death

Physically and sexually assaulted, 9-year-old Dustin Rhodes died in his mother's arms at Phoenix Children's Hospital. The dark secret of just who killed him, a mystery he would take to his small grave.

To this day, Dustin's mom, Christina Bowman, doesn't know exactly what happened to her little boy. Dustin's father, Brandon Rhodes, had sole custody of him. But, he was in jail. So, Dustin was living with his paternal grandmother, an aunt and the aunt's boyfriend. The family moved without leaving a forwarding address. Bowman didn't have the money to hire a lawyer to fight for custody.

The first she knew of any trouble, was when she got a call telling her to drive to the hospital, Dustin was in a coma. Bowman says, "When I went into his room, I was in shock to see him with tubes, all these tubes coming out of him every which way." Bowman would have to make the hardest decision of her life, taking her son off life support. CPS would later find the 9-year-old had been physically and sexually assaulted. But, the agency never named the suspected abuser(s).

Three adults living in the house with Dustin would be charged with child abuse. In a move that devastated Bowman, a jury would find all three not guilty of child abuse. Bowman says she'd like to ask the jury, "how in the world they possibly could have let a murderer and a child abuser walk out of that courtroom."

But, Bowman is also angry at Child Protective Services. She believes CPS failed to protect her son, even after his school and a hospital contacted the agency to report strange bruises, a nasty head wound, and other signs of abuse in the months before Dustin's death. Additionally, she says she was never even informed of the allegations of abuse.

With the help of attorneys Steven Copple and John Doyle, Bowman filed suit against CPS. Yesterday, a jury awarded her 1.5 million dollars. Money, Bowman says "its not going to bring my son back."

The loving, outgoing third grader is gone.

CPS declined comment saying they consider this ongoing litigation.
Cru Kahui 3-month-old 

Died June 13,2006
 
Welfare State Killed Kahui Twins, Says Watchdog
 
A prominent justice watchdog is blaming the welfare state for the horrific level of child abuse in New Zealand and believes the recent deaths of the Kahui twins and others like them are predictable and preventable.

"There is nothing more lethal than a person who is made to feel worthless by their country and given handouts instead of being helped to help themselves. Prime them with a cocktail of drugs and you have time-bomb waiting to explode," said Sensible Sentencing Trust spokesman, Garth McVicar.

The Kahui family, living in two state homes, are believed to be receiving an estimated $2087.48 a week in benefits.

The Sensible Sentencing Trust said past and present governments had made lethal weapons out of potentially fine young people, stripping them of their motivation to succeed by handing out benefits with no accountability.

Mr McVicar said various governments had aided and abetted the killers by encouraging "child abuse training camps" - ghettos where men have lost the ability to work, lost the ability to fend for their family and lost any semblance of pride in themselves.

"Most of these killings were entirely predictable. In fact most of them have been waiting to happen for the last thirty years, planned by politicians who should have known better - should have known what the social consequences of the welfare state would be.

"Politicians have foolishly blended race, drugs, alcohol and unemployment into one big melting pot and the result was entirely predictable.

"When we destroy man's ability and will to work we destroy a his ability and will to function".

Press Release: 13-7-06

 
Before deaths
 
Chris and Cru Kahui were the two survivors of triplets born 29 weeks premature on 20 March 2006 at the National Women's Hospital in Grafton, New Zealand. They spent six weeks at the KidzFirst neonatal intensive care unit at Counties-Manukau hospital. During this time, nurses and social workers at the facility had informally raised concerns with a Department of Child, Youth and Family Services worker, as the parents, Chris Kahui and Macsyne King, did not spend a lot of time with the babies. According to the hospital, parents not visiting is not considered child abuse, but was a "cause for concern".

Because the infants were still technically patients of Middlemore Hospital, hospital workers regularly visited the family home. During their last visit to the hospital, Chris and Cru were reported to be healthy and well-fed. However, an autopsy showed that the twins had suffered fractured ribs in an incident prior to the fatal injuries.

Deaths

On June 13, the twins' mother, Macsyne King, returned to the house after being away overnight. She found that the boys suffered extensive bruises, and that their grandfather, William "Banjo" Kahui, had performed CPR on them. Police said the grandfather was not the only person in the house at the time. According to former MP John Tamihere, a member of the Kahui extended family had said "a young relative" was caring for the babies the day they were fatally injured. King and her husband took their children to the family G.P., who ordered immediate hospitalisation for the twins. Instead of going to Middlemore Hospital, which was only 10 minutes away, the parents went to McDonald's and returned home after several hours. King eventually took her twins to Middlemore Hospital. Doctors immediately discovered that the infants had serious brain injuries. After the twins were transferred to Starship Hospital, hospital workers notified the police. The Kahui twins were ultimately taken off life support, with Cru being the first to die at 5 a.m. on 18 June. Chris died at 6:45 p.m. later in the day. The deaths resulted in an initial serious assault investigation by the New Zealand Police before charges were upgraded to homicide.

Both infants had suffered skull fractures from blunt force trauma and Chris Kahui had a broken femur. An orthopaedic specialist told The Sunday Star-Times that in order to break the femur of a baby, the bone would have to bend at a 90 degree angle, ruling out an accidental cause of the injury.

The bodies were released to the family on 21 June and taken to the Manurewa marae for a tangihanga (funeral rites). They were buried at the Manukau City cemetery on 24 June.

While the infants were in hospital, Child, Youth and Family removed a 12-month-old brother Shane and their female cousin Cayenne, aged six months from two rented Housing New Zealand homes ? one in Clendon, the other in Mangere ? where the Kahui babies had lived. Police said they were treated in hospital for injuries resulting from "neglect". They had been found to be malnourished and "dirty". According to the Herald on Sunday newspaper, the two children were to be returned to the family in September 2006. But neither the parents or so-called "Tight 12" of family members who initially refused to cooperate with police, would be their caregivers.

Homicide investigation

The police believe that, while the infants were in hospital prior to their deaths, the family was uncooperative with any investigation. Pita Sharples, the co-leader of the Mâori Party, said the family had agreed to talk to police on 26 June, but this did not happen. Following the deaths, Sharples said he was disgusted by the Kahui family's behaviour. He claimed some members of the family were more interested in going "to the pub and have a drink" than coming forward to police. Prime Minister Helen Clark said it was "absolutely shocking" for the family to hide behind the funeral while everyone in the country was "shocked and revolted" by the injuries. There were even reports that gang members were threatening the Kahui family in utu (or revenge) over their refusal to speak.

After refusing to speak to police in the week after the death, police went to family homes on 27 June. At least four family members, including the children's mother and aunt, were escorted to police stations. By 4 July, at least 20 extended family members were questioned, as well as 90 medical practitioners and staff who were in contact with the babies. Forensic scientists removed items such as clothing from the Kahui homes. By September, police said that the family was no longer "stone-walling" their inquiries, but a prima facie case had yet to be established. Sunday News reported on 17 September that the list of suspects was down to three and an arrest was imminent. This was followed by a police statement nine days later stating that they now know who was responsible for the deaths. However, other family members could still be charged with related crimes.

Two half-sisters of the twins' mother Macsyne King, appeared on TVNZ's Sunday 23 July episode. They claimed that Macsyne and her brother, Robert King, had told them the name of the killer. TNVZ censored the name when one of the women said it, but the gender was revealed to be male. The twins' paternal grandmother, who appeared the next day on TV3's Campbell Live, contradicted this information, stating that the killer was female.The homes where the babies lived were also home to at least nine adult occupants, eight of whom were on some form of social welfare. They may have been receiving payments totalling between $845 and $1395 a week, depending on their age and circumstances. Work and Income New Zealand launched an investigation to see whether all the payments were legitimate. However, only two instances of substantiated benefit fraud were found for only one individual. The Clendon house had been occupied for two to three months, but neighbours had not noticed that babies were living there. According to the neighbours, Tuesday and Thursday nights were "party nights," as this was when benefit payments were received. Loud music and fighting was often heard. One neighbour said that a sixteen-year-old female appeared on their doorstep at 3:30 a.m., one morning after she said an older man at the Clendon house attempted to sexually assault her.

Kyle Ross 3-year-old 
Child Advocates Condemn Seizure of Brother of Child Killed in Foster Care
 
ALEXANDRIA, Va., Aug. 20 /PRNewswire/ -- A national non-profit child
advocacy group has condemned the Massachusetts Department of Social Services
for needlessly taking away the newborn brother of a child killed in foster
care.
    The National Coalition for Child Protection Reform charged that the case
is at least the third this year in which a child welfare agency has sought to
divert attention from its own fatal errors by attacking a birth parent.
    The latest case involves Diana Ross, of Ware, Massachusetts, whose
children were taken in 1999 after one of the children, then three-year-old
Kyle, twice got out of the house alone, leading to a "lack of supervision"
charge.
    "Rather than help Ross better supervise the child, Massachusetts
authorities threw him into foster care," said NCCPR Executive Director Richard
Wexler.  "But the foster parents also may have had trouble supervising Kyle.
In June, the foster parents' Rottweiler killed the boy."
    Days after announcing she would sue the state, Ross gave birth to a baby
boy, Aaron.  Just one day after Aaron was born, he too was taken, almost
literally from his mother's arms.  DSS says the hospital filed a complaint.
But the hospital says it saw no evidence of abuse or neglect and was ordered
to file the complaint by DSS.
    Aaron is now in foster care, where he is almost certainly suffering
emotionally by missing a crucial opportunity to bond with his mother during
the first days of his life, Wexler said.  "The real reason Aaron was taken
almost certainly was to divert attention from the state's own failure to
protect his older brother.  Deaths in foster care provoke questions about
whether agencies have too much power to remove children and whether that power
needs to be curbed.  The best way to deflect such questions is to smear the
birth parent."
    Wexler said that in at least two other recent cases in which children died
in foster care after being needlessly removed from their homes, one in Maine,
the other in Ohio, agencies rushed to do just that, rather than admit that
they never needed to take away the children in the first place.

SOURCE National Coalition for Child Protection Reform
 
Baby Seized by State Police from Mother's Hospital Room

She Fears For Children's Safety While With DSS 

By Ed Oliver
August 23, 2001 

The mother whose newborn baby was seized by state police and DSS agents from her arms at the Mary Lane Hospital last month, says she fears for the lives and safety of her newborn, Aaron, and her four-year-old, Damien, who are in DSS custody.

Her 5-year-old son, Kyle, died after a Rottweiler attacked him this June while in another DSS foster home.

Atty. Gregory Hession says the snatch from the hospital could be retribution by DSS for the wrongful death suit the mother has filed against the agency.

In an interview with MassNews, Diana Ross from Ware said, "They murdered one child. I am not going to sit back and let them hurt my other two boys."

Compounding her worries, Ross said DSS placed her infant son and Damien together with two homosexual men who say they want to adopt them. "I told DSS I didn't want that. I said I think the boys should bond with their mother, not with gay men. They told me I have no say in the matter."

Ross told MassNews she would have the boys checked out at a hospital for molestation immediately after she gets them back from DSS, particularly after a gay, foster care parent in Worcester County was arrested last month for raping two boys in his custody.

Judge Is No Help

Circuit Judge Patricia M. Dunbar decided on August 22 in Hampden County Juvenile Court that DSS could keep custody of the newborn Ross infant.

Atty. Hession told MassNews that Dunbar said that DSS did not meet the burden of proof with the baby and did not make reasonable efforts to keep the child with the family. However, the judge decided that custody of the infant would remain with DSS based on Ross' previous history with DSS.

"Essentially, Judge Dunbar is saying ?we don't care what the law says. There is a problem here and we are going to take the child,'" said Hession, who added, "The department simply wants to take children rather than provide services so the family can stay together."

Hession said he would have to study the opinion before deciding on any future course of action.

DSS spokesman Michael MacCormack released a statement on the Ross case and told MassNews he did not want to comment further.

"The Department's decision to file a petition for custody of Infant A. Ross was the result of a careful review of this family's history, which was incorporated, together with information provided by medical, child welfare and mental health professionals, into a petition filed with the Northhampton Juvenile Court, and led to the temporary transfer of custody of this infant to DSS.

"Cognizant of Ms. Ross' desire to care for her infant, we are nonetheless mandated to insure that the infant's safety and best interests are protected in a safe environment. We are grateful that the Court's decision today affirms the Department's position on the safety of this child."

While mindful of the privacy of the child, DSS would not even reveal the identity of the "medical, child welfare and mental health professionals" with whom it consulted. Observers say it sounds like they are all social workers employed by DSS, but the agency will always use a phrase like that to avoid being accountable to the public.

Police Raid Hospital Room

After giving birth on Sunday, August 5, Ross says she was celebrating with her family in her hospital room on Monday. A nurse entered the room and took the baby, saying she had to check his vital signs.

Within minutes a posse of police, state police and DSS social workers swarmed the room and informed the family that DSS had taken the baby due to a 51A report of "neglect," which had been filed by a nurse only hours after the baby was born. The report alleges that Ross had not fed her baby "the right way" when she was in recovery and had allowed her mother to hold and feed the newborn.

The physician, Dr. Torbin Iverson, entered the mother's room to see what was occurring and expressed his shock and confusion at the state's action. He stated that the mother and baby were doing well and he had not seen any problems. It was difficult to understand how the charge of "not feeding right" could be made while the mother was under the care, supervision, and scrutiny of maternity ward staff.

Ross told MassNews, "A DSS social worker told me they had a complaint of neglect and they were taking my baby. They threw a paper on my bed and told me to fight it in court," said Ross. "I was hysterical."

DSS Worker Runs Out of Hospital with Police

Ross' mother Sandra told MassNews that when she drove up to the hospital to visit her daughter, she saw a DSS social worker running out of the hospital with the baby and flanked by state and local police. She said a state policeman prevented her from entering the hospital.

Dr. Iverson told MassNews, "It was unusual for DSS to come in this manner and remove a baby. The times I saw the mother with the baby she seemed okay. She certainly seems to be very concerned and caring and loves her children."

Dr. Iverson, who is an obstetrician-gynecologist, told MassNews that although he can't prove that Ross is a fit mother, because it is outside of his field, Ross always kept her appointments and took good pre-natal care of her baby.

A copy of the "Nursing Progress Continuation Notes" from the hospital reveals that DSS told social workers at the hospital to tip them off when Ross delivered her baby.

The records note that after the birth, Ross was encouraged multiple times to hold the infant and the bottle upright, as well as stimulate the infant to stay awake during feeds. "Mother not following instruction," it says. It also states that the mother did properly clean and change the infant and that bonding was occurring between mother and child.

The nursing notes were relayed by phone to DSS social worker Ann Kochis, according to the notes.

Hospital Was Told What to Do

According to the notes, DSS told the hospital to issue a "51A Neglect Report" against Ross. The hospital informed DSS that they were unable to establish neglect in such a short time, yet, they filed the 51A anyway with DSS social worker Kay Durepo.

"51A form sent to DSS per their request. DSS aware that we are unable to establish neglect in such a short period of time. Form sent regardless," the nursing records state.

DSS Social Worker Ann Kochis and Area Director Ellen Patashnic at the DSS East Springfield Office refused to comment for MassNews, directing all questions to public affairs in Boston.

Attorney Greg Hession, who is helping to get Ross' baby back, told MassNews that in order for DSS to take the baby, the law requires either "serious abuse and neglect," such as broken bones, wounds and starvation, or "the likelihood of future serious abuse and neglect." He added that DSS "would have had to make reasonable efforts to keep the child with the mother."

Attorney Alan Goodman told MassNews, "The only abuse that has taken place in this whole situation has been the abuse of Diana Ross, the mother, by this bureaucracy called DSS that is out of control. DSS appears to be an agency bent on breaking up families under the guise of child protection."

Many observers point to the adoption bonuses that DSS receives from the federal government when it takes a child from its parents and adopts it out to foster parents.

Seized in 1999

Ross' two boys, Kyle and Damien, were seized in December 1999, after Kyle wandered outside the house. Ross, a single mother, had previously clashed with DSS over similar incidents.

Kyle was born in September 1995 and Damien in September 1997.

DSS placed Damien with a gay couple and Kyle was placed with Linda McNeil and her boyfriend, Eddie Finklea Jr., who kept a Rottweiler in the backyard.

"Kyle told me he loved me and wanted to come home," said Ross. "DSS told him he was never going home. I promised Kyle I would get him home.

"He told me he got hurt in the foster home. He had bruises on his bottom and legs and burns he said were from a flatiron. DSS told me the burns were from a heater. Kyle told me the people at the foster home locked him crying in the bedroom, while they partied with drugs and alcohol."

In a shocking story that made headlines, Kyle was attacked and killed by the Rottweiler in June of this year after he wandered into the dog's unlocked pen.

Ross' mother, Sandra Daneault, told MassNews that she remembers after they got the news, Diana was distraught and tearfully apologized to a photo of Kyle that she could not get him home like she had promised him.

With the help of Attorney Alan Goodman, Ross, who was pregnant, filed suit against the dog's owner and has taken preliminary steps to sue the Department of Social Services for wrongful death and emotional distress on behalf of her son.

In an apparent retaliation, Ross' infant son Aaron was seized from her by DSS at the hospital the day after he was born and just two months after the tragic death of Kyle.

 

Amira Brown 12-year-old 

September 4 ,2005

Baby Sitter Convicted of Killing 12-year-old Foster Child

- A Berks County baby sitter has been convicted of first-degree murder in the death of a 12-year-old foster child who was beaten and crushed last year.

Prosecutors say 41-year-old Rose Boyd-Tolver of Reading hit Amira Brown at least 80 times with a mop handle before sitting on her on September 4th, 2005.

Boyd-Tolver showed no emotion when the jury issued its verdict on Friday after about two hours of deliberations.

The conviction carries a mandatory sentence of life in prison.

Witnesses said Boyd-Tolver was baby sitting the child at the home of Barbara Martin, the girl's foster mother.

Witness: Woman admitted beating girl

Amira Brown's foster mother testifies in the murder trial of a friend charged in the child's death. The 12-year-old died in September 2005.

©2006 Reading Eagle Company By Holly Herman Reading Eagle



    The foster mother of 12-year-old Amira Brown testified Tuesday in Berks County Court that murder defendant Rose M. Boyd-Tolver initially denied beating the child to death in September 2005.

    Barbara Martin testified that Boyd-Tolver later told her she hit the child with a stick, a mop and a broom.

    "I kept saying something is wrong with Amira and she was saying nothing was wrong, Amira is just manipulating you," Martin testified during the first day of testimony in the first-degree murder trial of 41-year-old Boyd-Tolver.

    "So, I called 9-1-1," Martin said. "Then Rose started to perform CPR on Amira."

    Martin said Boyd-Tolver later told her that she hit Brown because the child was misbehaving.

    "First she told me it was a mop, then a broom," Martin said. "She told me so many different stories."

    "Did Amira ever regain consciousness?" District Attorney Mark C. Baldwin asked.

    "No," Martin said.

    Baldwin said during his opening statement that Boyd-Tolver, a 5-foot-1-inch woman who weighed 280 pounds at the time, beat Brown on Sept. 4, 2005, with a mop handle before sitting on the girl, who was 5 feet 6 inches tall and weighed 120 pounds.

    Baldwin said Boyd-Tolver admitted to police that she hit the child with a mop and later sat on her.

    But Boyd-Tolver's lawyer, Assistant Public Defender Craig S. Snyder, said during his opening statement that Boyd-Tolver lacked the mental capacity to kill Brown.

    "Diminished capacity does not excuse the defendant of all punishment," Snyder said. "It drops the level to third-degree murder instead of first-degree murder."

    First-degree murder carries a penalty of life in prison. Third-degree murder carries a penalty of 20 to 40 years in prison.

    Martin, 33, a certified nurse, said she was paid $2,000 a month to care for Brown as a foster parent for Pennsylvania Mentor, Wescosville, Lehigh County.

    Martin said she also was caring for her own children, David, then 14; Alia, then 11; and Roy, then 4, in her home at 630 Summit Ave.

    Martin said the children started teasing Brown while they were playing outside on Sept. 4, 2005.

    "I sent the child upstairs," Martin said.

    Martin said she left the child with her friend, Boyd-Tolver, about 1 p.m. to go to Delaware and Harrisburg to borrow money to help a friend.

    Martin said she returned about 6:35 p.m. and Boyd-Tolver told her that Brown was being fresh to her.

    "I was saying, ?Amira, get your shoes on,' and she did not respond," Martin testified. "I started banging on the door and found her laying on the floor. She started to look funny. She had purple on her lips."

    Martin said she at first told police she was home because she feared those at the foster care agency would think she was irresponsible.


    Criminal Investigator Barry L. Rambo testified that Boyd-Tolver initially told him that she had hugged the child and did not mention beating her.

    Rambo said Boyd-Tolver later said she had hit the child once or twice with a mop in the kitchen.

    Berks County Detective Donald Stewart showed the panel several PowerPoint presentations of statements Boyd-Tolver gave to police.

    In a Sept. 5, 2005, statement, police said, Boyd-Tolver admitted hitting the child with a stick because the child cursed at her.

    In a Sept. 8, 2005, statement, Boyd-Tolver admitted beating the child with the mop, police said.

    "I didn't mean for it to happen or nothing like that," Boyd-Tolver said in the statement.

    Prosecution witnesses are expected to continue testifying today in the jury trial before Judge James M. Bucci.

Jacob Rodriguez 2-year-old 

Died August 10,2007

CPS had closed case of slain boy

FORT WORTH - When 1-year-old Jacob Rodriguez suffered a black eye in April 2006, Child Protective Services suspected Luis Sosa Jr. -- Jacob's mother's live-in boyfriend -- was to blame.

Jacob's mother voluntarily placed him and his siblings with relatives. She and Sosa underwent parenting classes, individual and couple counseling, and drug treatment, including random testing. Sosa even completed an anger management course.

"They were very successful at completing everything," said Marissa Gonzales, a CPS spokeswoman. "They were very cooperative and very successful and got very good recommendations from all of their service providers."

The children returned home that November. Bi-weekly visits by CPS seemed to show that everything was fine and in January, the case was closed.

Now, Sosa is behind bars, accused of fatally beating Jacob, who would have turned 3 in November. Four other children in the home have been placed in foster care.

"It illustrates for us again how you can never totally eliminate risk," Gonzales said. "We work as hard as we can to minimize that risk to a child by working with parents, continually making sure they're completing all the things they need to complete. But there's no way to completely remove a risk to a child, not even by removing them and placing them in foster care."

Jacob was pronounced dead at Cook Children's Medical Center on Friday night, soon after being taken to the hospital by his mother and Sosa.

"It was originally reported by them that the child had gotten tangled up in a chain holding the family's dog in the back yard and that he fell and struck his head on the ground," said homicide Sgt. J.D. Thornton. "The investigation has revealed, however, that the injuries are more numerous and more extensive than those which would have been caused by that scenario."

Sosa, 21, was arrested on a capital murder warrant at the family's house in the 3900 block of East Fourth Street on Sunday. He remained in the Mansfield Jail on Monday with bail set at $500,000.

According to the arrest warrant affidavit, the boy's mother told investigators that Jacob had complained of his head hurting after he fell in the back yard about 12:30 p.m. Friday while the family was feeding their dogs. The boy's mother told police that she felt a soft spot on his head but that Jacob acted normal over the next several hours and even ate a whole dinner of tacos and rice that night.

Jacob, who was being potty-trained, was left alone on the toilet to use the restroom after dinner. Sosa told investigators that he went to check on the boy and found him lying on the floor. He said he carried the boy to the living room, where he and the mother attempted to perform CPR on the boy before driving him to the hospital, the affidavit stated.

Jacob's mother said that bruises and bite marks found on his body had come from fights with his siblings.

But an autopsy by the Tarrant County medical examiner's office determined that the boy's injuries were consistent with someone slamming his head into something. The boy had also suffered blunt trauma to the abdomen so severe that it lacerated his abdominal aorta. The doctor noted that both injuries would have caused Jacob's death within minutes, the affidavit stated.

The affidavit stated that an interview by CPS with one of Jacob's brothers indicated that he had previously seen "Big Luis" -- described by police as 6 feet tall and 185 pounds -- striking Jacob's body and head with his fists.

Gonzales said CPS removed Jacob's three brothers -- ages 5, 4 and an infant -- and Sosa's 6-year-old daughter, Johanna, from the home Friday.

Johanna had gone to live with her father after her mother, Cristina Cigala, was murdered in December 2003 when someone opened fire from a passing car as she and others rode home from a club. The 18-year-old mother died on the sidewalk in front of her home as her mother, siblings and Johanna looked on. Two men were later sentenced to life in prison for the murder.

A relative who answered the phone at the Cigala residence Monday said that Johanna's maternal grandmother will seek custody of Johanna.

Gonzales said it is too soon to know whether the agency will seek to terminate parental rights in connection with the case.

"That certainly is an option that we're willing to explore along with looking at family members to care for the children," she said.

Gonzales said CPS officials had last seen the family in March, when someone said that the children had not been taken for a checkup at the doctor. The statement was ruled unfounded after documentation was provided to show that the children had gone to the doctor, Gonzales said.

"They were doing well at the time," Gonzales said.

With Jacob's death, Gonzales said, a routine review will be done on the agency's previous dealings with the family to determine whether anything could have been done differently and whether anything can be learned from the case.

"It's very sad and it's very difficult for everybody," Gonzales said.

Deanna Boyd, 817-390-7655
dboyd@star-telegram.com
 

Mother's boyfriend jailed in toddler's death

Star-Telegram Staff Writer

A mother's live-in boyfriend was arrested Sunday in connection with the fatal beating of her son, 2-year-old Jacob Rodriguez.

Luis Sosa Jr., 21, the mother's boyfriend, was arrested at the family's house in the 3900 block of East Fourth Street, said a police spokesman, Lt. Dean Sullivan. Sosa was in the Mansfield Jail on Sunday evening after being accused of capital murder. Bail was set at $500,000, officials said.

Officers were called to Cook Children's Medical Center about 9 p.m. Friday after Jacob arrived at the emergency room. The toddler died soon after arriving.

The Tarrant County medical examiner's office found a severe head injury and evidence of other injuries on the child's body. That confirmed detectives' suspicions, and they began trying to identify a suspect, Sullivan said. After collecting evidence from the family's house, detectives obtained an arrest warrant on capital murder allegations.

"Due to certain inconsistencies in the information provided and the nature of the child's injuries, detectives were suspicious that the toddler was a victim of child abuse," Sullivan said in a news release Sunday.

Child Protective Services had been notified, but no decision had been made by Sunday evening about the mother's other children.

Matt Frazier, 817-390-7957
mfrazier@star-telegram.com
Dymond McGowan 14-year-old 

Died May 10,2007

Dymond was reported as a runaway by her foster mother

Teen charged in shooting of girl, 14
A Springfield teenager was charged yesterday with killing a 14-year-old girl in a drive-by shooting. Police arrested Shawn M. Shea, 17, and charged him with murder and assault and battery with a dangerous weapon, said police spokeswoman Jennifer Flagg. Late last night, police said they also arrested a 22-year-old Springfield man in the May 10 slaying of Dymond McGowan, but declined to give further details, The Republican newspaper reported. Dymond was reported as a runaway by her foster mother a few hours before she was shot in the stomach. A man who police said may have been the intended target in the drive-by shooting was hit in the knee. (AP)
Josiah Pacheco 10-month-old  

Died August 13,2007

DSS was monitoring New Bedford family in shaken baby fatality

Josiah Pacheco died Monday after he was taken to the hospital with injuries consistent with shaken baby syndrome.

The Department of Social Services was actively monitoring the family of a 10-month-old New Bedford boy who authorities allege was shaken to death by his mother's boyfriend.

"They are known to us and they are clients," Denise Monteiro, a DSS spokeswoman, said today by telephone. "It's an open case."

Bristol County authorities have charged Manuel Antonio Torres Lopez, 28, with assault and battery of Josiah Pacheco. Prosecutors are expected to bring additional charges after the state medical examiner's office completes an autopsy of the boy, who was born Sept. 12, according to Gregg Miliote, a spokesman for Bristol District Attorney C. Samuel Sutter.

It appears that Josiah died from shaken baby syndrome, said Miliote, who identified the child's mother as Jennifer Serrano.

Serrano also has a 4-year-old girl, who DSS took into temporary custody while officials review DSS involvement with the family, Monteiro said. Child welfare officials, including DSS Commissioner Angelo McClain, are reviewing the agency's handling of the family's case.

New Bedford police were called to Serrano's home on Deane Street Saturday afternoon and found Josiah unresponsive. He was rushed to St. Luke's Hospital and then transferred to Hasbro Children's Hospital in Rhode Island, where he was placed on life support. The child was removed from life support at 10:30 a.m. Monday, Miliote said.

Lopez was interviewed by police Monday, arrested, and charged with assault and battery on a household member and assault and battery on a child causing serious injury. He pleaded not guilty Tuesday in New Bedford Superior Court and was ordered held without bail. Lopez also had his bail revoked on an outstanding cocaine trafficking charges filed in June, Miliote said.

Pacheco's death is the second time this year that DSS has come under fire in New Bedford. In May, a 3-year-old girl allegedly had her lower lip bitten off by her mother's boyfriend after months of physical abuse. McClain launched an internal investigation into that case but has not made the findings public.

John R. Ellement can be reached at ellement@globe.com

Posted by the Boston Globe City & Region Desk, Wednesday, August 15, 2007

Coralrose Fullwood 6-year-old 

Her small casket was shrouded in black and surrounded by pink flowers and family.

FORT MYERS - In an hour-long ceremony that was said in both English and Hebrew, Coralrose's family and friends remembered the North Port first-grader who loved wearing dresses, and playing in mud puddles even more.

"She was truly an angel here on earth, and she went home," said Ellen-Beth Fullwood, her mother.

About 150 people attended the service, including North Port Police Chief Terry Lewis, two detectives, a uniformed officer and a Florida Department of Law Enforcement investigator. They sat at the back of the room.

Police who have been investigating her death for a week said Monday they were chasing about 40 leads. They have interviewed many of the nearby neighbors several times and searched the city's canals near where Coralrose was found.

Coralrose's body was found two blocks from her home Sept. 17, five hours after her parents reported her missing. Her father, Dale Fullwood, last saw her at 2 a.m. when he returned home from his bartending job in north Fort Myers.

Preliminary autopsy reports show the Toledo Blade Elementary School student died of "homicidal violence," and suffered "severe trauma." Reports also said she was not sexually abused.

Police Chief Lewis has declined to name any suspects in the case, but says he is confident detectives will catch Coralrose's killer.

September 26, 2006

By HEATHER ALLEN and ERIN BRYCE
staff writers
heraldtribune.com

Rules against Fullwoods on visitations

SARASOTA -- A judge on Thursday ruled against allowing Coralrose Fullwood's parents to have unsupervised visits with their children.

In denying Dale and Ellen-Beth Fullwood's request, Judge Rick De Furia said they haven't been cleared in the death of Coralrose, 6. The judge also cited the ongoing investigation into the deplorable conditions in the Fullwoods' North Port home.

"I'm not trying to imply the parents are responsible for the death," De Furia said in upholding his previous order that gave custody of the Fullwoods' four children to their grandparents, and requiring that the grandparents be there for all parental visits.

Coralrose was found dead two blocks from her North Port home on Sept. 17. The state took the remaining Fullwood children from their parents after child protective workers said the home was so filthy it posed a hazard to the children.

In an initial report, state child protective workers also said Coralrose's death was "suspicious for abuse or neglect." Police say her cause of death was "homicidal violence."

Testimony at an hour-long hearing showed the Department of Children & Families, or DCF, made a mistake handling the case.

And more than a week after the judge gave custody of the children to the grandparents, the agency wasn't prepared to answer De Furia's questions about the safety of the grandparents' home.

An attorney for the Fullwoods complained at the hearing that DCF's requests for access to the children were arbitrary and repetitive, including a second request for a study of the Doreen and Saul VanderWoude's home. Saul VanderWoude is a retired police officer.

"What was wrong with the first home study?" Fort Myers-based attorney John Coleman said. Lutheran Services in Charlotte County had notified the grandparents that a home study was needed.

But it turned out that was a mistake by Lutheran Services, which had been contacted by the YMCA in Sarasota to go to the home for grief counseling for Coralrose's siblings.

When the Lutheran Services workers didn't see the home study on their computer system, they scheduled it and notified Coralrose's grandparents, a YMCA employee testified.

De Furia responded by changing a previous ruling, in which he had ordered the grandparents to make the children available to law enforcement and DCF at all times.

He changed it to all "lawful and reasonable" requests, also ordering the attorneys to work these issues out without involving the court.

But De Furia also used stern language with caseworkers when they couldn't answer the most basic of questions about the children's placement: Were background checks completed on the residents of the children's new home, and what were the results?

De Furia wanted to know, since he placed the children in the grandparents' home and ordered expedited background checks on everyone in the house.

But the caseworker who did the home study was not there because she had called in sick, a DCF attorney said. Also, DCF did not anticipate that De Furia would ask the question.

"A child's been murdered, these are answers you should have had on the tip of your tongue, frankly," De Furia said.

Finally, a caseworker who was listening to the hearing by way of teleconference, checked records and said the background checks had come back clean.

September 29, 2006

By TODD RUGER
heraldtribune.com

Justice & Raiden Robinson  
Justice Robinson 16-month-old 
Raiden Robinson 6-week-old
 
Plenty of food found in home where boys starved

Her refrigerator was stocked. Her pantry held bread, canned fruit and 11 unopened cans of baby formula. Yet Marie Robinson was charged yesterday with murder, accused of starving her two baby sons to death.

While social service officials scrambled to determine whether they dropped the ball on the Robinson family -- known to state child-welfare workers for at least two years -- King County Prosecutor Norm Maleng took the unusual step yesterday of turning a case of child neglect into a prosecution for murder. The starvation deaths of 16-month-old Justice Robinson and 6-week-old Raiden Robinson are among the most tragic Maleng could recall handling.

He has charged Robinson with two counts of second-degree murder and one count of reckless endangerment for neglect of her third son, who survived. In Washington, extreme cases of neglect that end in death typically result in manslaughter charges.

"The degree of neglect is unfathomable," Maleng said in a statement, accompanied by court documents providing a grisly description of the scene that police found upon entering Robinson's apartment in Kent last Sunday.

Inside, the 36-year-old mother lay passed out, with a blood-alcohol level of 0.40, or five times the legal limit for drunken driving, and 307 empty beer cans strewn around her bedroom. Kent police Detective Susan Hemmen wrote in court documents that Robinson said she "thought she was doing a good job" with the children, and described them as "really good eaters."

Court records say that Robinson would use food stamps to buy groceries at the nearby Fred Meyer, returning the food later for a refund, which she used to buy more beer. She told the detective that she'd begun drinking when she found Raiden dead in his bassinet two days earlier, covering him with a blanket but calling no one.

Maleng said the case was so severe that prosecutors might ask a judge to impose a sentence beyond the statutory maximum of up to 36 years in prison.

Robinson's attorney, Colleen O'Connor, did not answer calls seeking comment.

The boys' father, Christopher Bone, also has declined to speak to the media. But his lawyer, Carol Johnston, described him as "overwhelmed with the grief and sense of loss and tragedy. The pain is more intense than one can almost feel."

The couple's third and surviving child, 2 1/2, apparently foraged for food over several days while his mother drank. Police found uncooked noodles, rice and empty food wrappers scattered about the apartment.

The boy is now living with Bone's mother.

The three children were not Robinson's first. She has four others from a 12-year marriage to aviation mechanic Mark Robinson, which ended in 2001. Their divorce records, filed in Pierce County Superior Court, tell a disturbing and prescient story of a woman with an addiction so severe it endangered her family.

"Respondent is an alcoholic. She needs treatment," Mark Robinson wrote in his request for custody of the youths, then aged 11, 10, 6 and 18 months. "I cannot trust Marie to care for our four children. Not only will she continue to drink, but she frequently passes out."

A judge granted his request. But even before their divorce, Mark had asked his mother to move in and help with parenting because Marie could not.

Elsie Robinson soon found the situation untenable. Her daughter-in-law had "a Doctor Jekyl (sic) and Mr. Hyde personality," Elsie said in court papers. "She can have a lovely personality one minute, but when she is drinking, she is mean both in words and attitude."

The elder woman described a household in complete disarray, adding that although Marie intermittently sought help in an attempt to stop drinking -- once after a brief hospital stay -- the efforts were short-lived.

"Marie will often drink and stay drunk for days," Elsie wrote in the Jan. 23, 2001, affidavit. "If she does not have beer, she searches the house for anything with alcohol in it, like Listerine, vanilla. If Mark does not allow her to take the car, she just wanders off on foot."

In the end, Elsie wrote: "I believe that Marie needs help and will not get it until something drastic occurs."

A man who answered the door at Mark Robinson's Milton home yesterday afternoon declined to comment.

State officials say they received four complaints about Marie Robinson's negligence over the past two years, and that two of those allegations resulted in face-to-face home visits between Robinson and a social worker.

The first, in October 2003, led the agency to believe Robinson's children were in no danger, said Kathy Spears, a spokeswoman for the Department of Social and Health Services.

But she could not provide information about the result of the second investigation. State officials, she said, are still searching for the paperwork.

Nor would Spears say whether child-welfare workers had known of Robinson's alcoholism and inadequate parenting during her marriage to Mark Robinson.

Beyond the divorce papers, there are other records documenting various times that state or county officials crossed paths with the obviously-troubled woman and her children:

In May 2002, after Robinson's divorce and subsequent relationship with Bone -- the two met at an Alcoholics Anonymous gathering -- she filed a restraining order accusing her new boyfriend of raping her in front of their then-9-month-old son.

Bone, who initially admitted guilt, changed his plea and was eventually acquitted after Robinson recanted.

Child-welfare workers say they first received allegations about Robinson's negligent parenting in September 2002 and that they asked Kitsap County to send public-health nurses to check on her. The nurses made several visits, but Robinson repeatedly refused their offers of help, said Scott Lindquist, the county's public-health director.

"There were multiple contacts by our folks with this woman, mainly around her parenting issues, but if she doesn't want to play, there isn't anything we can do," he said. "It's a voluntary program."

It is unclear whether the nurses relayed that information back to state social workers, but Spears, the DSHS spokeswoman, said it would be standard practice.

DSHS is now undertaking a complete investigation of the Robinson case.

Meanwhile, Bone, the father of the dead boys, says he cannot pay for the children's funerals or burial. Recently released from jail and unemployed, he has set up a collection, the Angel's Fund, through the Church of the Nazarene in Bremerton, to cover the expenses. A funeral date has not been set.

Mom arrested in deaths of two of her sons
 
  Mother with a history of child-neglect complaints has been arrested after police found two of her sons, ages 16 months and 6 weeks, dead of malnutrition and dehydration in their Kent apartment.

Marie G. Robinson, 36, is being held on suspicion of homicide and criminal mistreatment at the Kent jail. Charges have not been filed.

Police were alerted Sunday by the boys' paternal grandmother, who was concerned that she was unable to reach Robinson by phone. After knocking on the door of Robinson's apartment and getting no answer, the grandmother called police.

In the apartment, officers found Justice Robinson, 16 months, dead in a crib in a bedroom. His brother, 6-week-old Raiden Robinson, was found in a bassinet in the same room, Kent police Officer Paul Petersen said.

The King County medical examiner ruled yesterday the boys died of malnutrition and dehydration as a result of homicide. Medical investigators didn't say how long the boys had been dead when they were found.

Robinson was home when officers arrived, as was the boys' 2½-year-old brother. The boy, who also was showing signs of malnutrition, was treated by paramedics at the scene and released to his grandmother's custody, police said.

Neighbor Charmaine Dyson came home to the Summit Apartments just after 3 p.m. Sunday to find the man who lives with the mother outside, holding the surviving child. The toddler was naked and wrapped in a blanket, Dyson said.

"He was skinny, like bone," she said. "That baby was alive, but real skinny."

According to state Child Protective Services (CPS), the mother was investigated at least twice since 2002 on suspicion of child neglect. The complaints, in October 2003 and February of this year, were lodged while Robinson lived in apartments in Pierce and Kitsap counties. She moved to King County earlier this year.

Chris Robinson, the state child-welfare director for those counties, said the first complaint was investigated but ruled "unfounded." Robinson, who is not related to the Kent family, said she could not determine the outcome of the second complaint.

The agency's file on Marie Robinson was officially "inactive" at the time of the boys' deaths.

"We're working with the social worker to determine if we have all the records," Chris Robinson said.

CPS received two additional complaints, both in September 2002, regarding child neglect, but neither complaint was considered serious enough to investigate, she said. The agency referred those complaints to area public-health nurses who help struggling mothers.

CPS is planning a complete review of the case, Chris Robinson said.

Asked if the boys' deaths were preventable, she said: "That is an impossible standard for us. The question for us is, was it reasonable for us to do anything else? At this point, it will take a more thorough review by us to answer that question."

In June, an external panel of experts sharply criticized the agency for returning an often-battered toddler in Ephrata to his mother. The woman has been charged with killing the boy, Rafael Gomez.

Ron Rebello, manager of the Kent apartment complex in the 10800 block of Southeast 239th Street, said he had no indication anything was wrong with Marie Robinson or her children. The woman brought the children into the manager's office each month to pay rent.

But Dyson, the Robinsons' neighbor, said the woman's behavior was unusual. "She seemed like she was not all there," Dyson said.

Jonathan Martin: 206-464-2605 or jmartin@seattletimes.com

By Jonathan Martin, Brandon Sprague and Nick Perry
Seattle Times staff reporters

Colesvintong Florestal 3-month-old 
Couple Charged With Killing 3-Month-Old Son in Shelter
 
A couple accused of beating their 3-month-old son to death on Thursday in a Harlem homeless shelter were arraigned in Manhattan yesterday on second-degree murder charges and held without bail, the authorities said.

Officials also said yesterday that three years ago the couple, Colesvinton Florestal, 27, and Jovannie Florestal, 20, gave custody of their only other child, a son, now 5, to a relative after city authorities received a complaint that Ms. Florestal was mistreating him. About 8 a.m. Thursday, an ambulance was called to the Hamilton Hotel in Harlem, a 150-room shelter the city uses for homeless families. Mr. Florestal dashed out, handed the baby to an emergency medical technician and ran down the block, residents said yesterday.

The baby, also named Colesvinton Florestal, weighed nine pounds and was badly injured and malnourished, the police said. He was dead by the time he reached Harlem Hospital Center, they said.

After the city medical examiner declared the infant's death a homicide, the police returned to the hotel and arrested the Florestals.

According to an official, the Florestals were assigned on March 27 by the city's Department of Homeless Services to the hotel, a single-room occupancy building on Hamilton Place near 138th Street. The Florestals lived in Room 200, a modest-sized room at the end of a second floor hallway. The building, which is privately owned, is run by a staff of case management workers from the Department of Homeless Services. The shelter was in the news in February when the teenage parents of a 6-month-old girl were arrested and charged with assault after the girl was found with cigarette burns on her back and in one eye.

A spokesman for the Department of Homeless Services, Jim Anderson, said yesterday that he was unable to get immediate information about the shelter's record. But, he said, ''We are extremely disturbed about the incident, and you better believe we'll be looking into it and supporting the criminal investigation.''

Elysia Carnevale, a spokeswoman for the city's Administration for Children's Services, said that Thursday was the first time that the agency had learned about a problem with the infant. She said she could not provide information about the infant's death because ''details on open investigations of child abuse and neglect are confidential.''

As for the couple's older son, Ms. Carnevale said the agency received in 2001 ''a substantial allegation of inadequate guardianship'' against Ms. Florestal. At the time, she said, the boy was in a relative's care. Ms. Carnevale said she had no further details.

It could not be immediately learned from the authorities who was representing the couple. The families who live at the shelter range in size from three to six people. Each family lives in a single room with a bathroom. Residents have curfews and must sign in and out daily.

Security guards at the shelter would not comment yesterday. But residents said the Florestals kept a low profile, did not socialize and always kept their door closed and shades down.

Carmen Melendez, a resident, lives two doors down from the Florestals' room. ''My neighbor said she heard screaming for two days straight, like the baby was crying in agony,'' Ms. Melendez said. ''I wish to God I heard something. I would have called the cops right away.''

Eddie Sanchez, 45, who lives on the second floor, said he never knew anything about the physical condition of the infant because the Florestals would always cover him in blankets in the hallway and the elevator. ''The husband was unsociable,'' he said. While some residents praised the caseworkers, others said they were ineffective and uncaring.

''I've been here two years,'' Ms. Melendez said, ''and they've never checked conditions in my room.''

One resident, a father in his 20's who refused to give his name, said that the infant's death had prompted caseworkers to become extremely diligent about checking on residents.

''This place is on point now,'' he said. ''The caseworker came to my room yesterday and said, "Please, if you get frustrated with your child, come talk to me."

Matthew Reid 3-year-old 

Died December 15, 2005

The foster mother slept on the first floor.

A 15-year-old girl, who murdered a three-year-old boy who was under foster care at a Welland home in 2005, continues to have problems controlling her anger, a court heard on Tuesday in St. Catharines.

There have been four reported acts of violence at the youth facility where the accused is currently being detained, said Stefanie Goyert, a case coordinator at the Arrell Youth Centre in Hamilton."She doesn't like to hear the word ?No' and at times would still do what she wanted," said Goyert. The accused has made threats to staff and other peers who are at the facility.

During one incident, she had to be physically restrained so that she could not hurt herself or others.

The accused, who has a mental capacity of someone under 10 years of age, has already pleaded guilty to second-degree murder in connection with the death of Matthew Reid who died on Dec. 15, 2005.

The accused arrived at a new foster home in Welland on Dec. 14, and was given a bedroom on the second floor, across the hall from Matthew. The foster mother slept on the first floor.

At some point during the night, the girl lifted Matthew from the bed and placed him on the floor. She took a pillow from the bed and put it over Matthew's face. The boy struggled as he was being suffocated, but the accused held the pillow until he stopped moving.

The sentencing hearing resumed on Tuesday in the Ontario Court of Justice in St. Catharines front of Judge Ann Watson.

It is being held to determine whether the accused should be sentenced as an adult.

TONY RICCIUTO
Local News - Tuesday, August 07, 2007 Updated @ 7:52:55 PM

 
 
Peter Connolly 17-month-old  

Died August 3, 2007

17-month-old boy who is understood to have been on the at-risk register in Haringey, north London.

Mother on toddler murder charge
A woman and two men have appeared in court charged in connection with the death of her 17-month-old son.

Tracey Connolly, 25, and Stephen Barker, 31, from north London, are accused of murder and allowing or causing the death of a child under 16.

Mr Barker's brother Jason, 35, is charged with allowing or causing the death of a child under 16.

They were remanded into custody by Highgate magistrates until a hearing at the Old Bailey on 23 November.

Concerns raised

The boy, named Peter, was declared dead at North Middlesex Hospital, north London, on 3 August.

A post-mortem examination carried out at Great Ormond Street Hospital proved inconclusive and further tests were due to be carried out.

Detectives were called to the hospital after concerns were raised by staff, a Metropolitan Police spokesman said.

Miss Connolly and Steven Barker, who live in Penhurst Road, Tottenham, and Jason Barker, of Wittersham Road, Bromley, south-east London, all appeared in court on Friday.

Olympia Marissa Jetson 11-year-old 

Died December 2001

"Letting two children live their lives in an almost neverending stream of violence and emotional abuse is not about love or about putting children first."

Mr Speaker,

The case of the two girls, Saliel Aplin and Olympia Jetson, who were murdered by Bruce Howse in December 2001, hangs like a grim backdrop to the more recent loss of 6 year old Coral Burrows.

Today we've seen the release of the two long awaited reports from the Chief Social Worker of CYFS and the Commissioner for Children, outlining the details of what went wrong from a Government perspective, and making a series of recommendations for change.

I know some of my fellow MPs will have read these reports by now, and like me, you'll be sharing the feelings of both sadness and disbelief that yet again a whole community could somehow fail these two young girls, despite all the overt talk in most parts of New Zealand society about how our children must come first, and how much we love them.

Letting two children live their lives in an almost neverending stream of violence and emotional abuse is not about love or about putting children first.

It is about the New Zealand underbelly, a place where beating up and abusing women and children is such an everyday matter that is accepted by family, neighbours, community groups, police, CYFS and other adults as OK. It is about a New Zealand where adults, even when they are police, teachers or social workers, appear to prefer to listen to and believe adults rather than to listen to and believe children.

I think these two reports are not just a harrowing indictment of some of the state agencies involved with Olympia and Saliel - they also provide a chilling insight into the reality around New Zealanders' tolerance of violence against children.

The reports reveal a whole range of issues which I don't have time to go into properly here, but first of all it is quite apparent that there were a number of critical failures in CYFS social work practice.

This included social workers who were so familiar with the family that they seemed not to comprehend the serious nature of what they were dealing with, and the fact that one of them wrote a letter to the children's mother which was intercepted by the killer and almost certainly helped precipitate the childrens' deaths. There is more of a direct causal relationship between the action of a CYFS social worker and the deaths of children in this case than I have seen in any other similar reports.

I would have thought that common sense alone, much less years of social work training and experience, would suggest that sending a letter talking about possible abuse by a stepfather into the home where he lived might actually create a dangerous situation for the abused people living there. But no, this social worker obviously didn't give this factor any consideration when he or she wrote that letter.

I'm not here to denigrate social workers. They have one of the most thankless and difficult jobs in our community, especially those who work for statutory agencies like CYFS. However, when social workers are working with one of the most disempowered and vulnerable groups in our community, abused and neglected children, surely higher standards must be expected at every point in that social worker's professional life than those exposed by this report.

The Brown Report and the Baseline Review have both clearly demonstrated CYFS systemic failures on a number of fronts. These latest reports are actually a case study of what goes wrong when a department is poorly managed, has chronic failures in its information systems, and doesn't train, supervise or support its social workers properly.

One thing that needs to happen if the Government is serious about reforming CYFS is that the Chief Social Worker needs to be enabled to play a much more significant role as part of the leadership team of the organisation - not just as someone in a minor position off to the side as appears to have been the case up until now.

The key role of care and protection - the statutory function of CYFS - is played by social workers. Best practice needs to be lead from the top and not diverted by dodgy management systems which are focused on maintaining the status quo and making the numbers look good, rather than on ensuring the Department has enough social workers who are experienced, well trained, and supported enough in their work not to make the kind of fundamental mistakes which have surfaced here.

I am pleased that Minister Steve Maharey earlier on in the House this afternoon indicated that the Government has some sympathy for the position that the Chief Social Worker should play a bigger role at the top of the organisation.

A second key issue arising from these two reports is the seeming inability or unwillingness of adults to listen to what children are telling them and to prefer to hear the evidence and statements of adults. There is a need for adults, whether they are social workers, teachers, mental health workers or police, to be prepared to spend time with children and listen to what they are actually saying. If the New Zealand Government is to support UNCROC (the United Nations Convention on the Rights of the Child) which we are about to pass into law though the Commissioner for Children Bill, we should expect public servants to be willing and able to listen to children and not just ignore them in favour of what they are hearing from other adults.

Thirdly, it is apparent from these reports that there is a seeming acceptance in many parts of our society that domestic violence is OK, and really just a minor matter, and that somehow sexual abuse is a lot worse and that domestic violence is somewhere much further down the scale. The adults around this family seem to have accepted that the domestic violence in their home was just a fact of life that rarely needed any action taken. This is very peculiar, especially given all the training and focus that has gone in recent years in trying to ensure that the police take domestic violence seriously. Again, the needs of the children involved seem to have been of minor importance.

In another part of the Children's Commissioner's report, social workers were found to have used a lack of resources as an excuse to ?disguise poor practice'. This is simply unacceptable at any level. The care and protection of children should come first, and I commend the writers of both the CYFS and Commissioner's reports for not trying to hide behind a lack of resources as some excuse for what happened.

This Government is pouring more resources into CYFS. I hope that the Government, CYFS, Police, the Ministry of Education and all sectors mentioned in the report will take the recommendations of the report seriously in how they deal with children who report or who are visibly victims of abuse in future.

One aspect of the report in relation to schools particularly disturbed me. One of the girls was suspended for a month from school because of her poor behaviour. The school knew something of her home background and I find it incomprehensible that her problems were dealt with as misbehaviour on her part rather than as the consequence of an almost unimaginable home life. How is it that schools, when dealing with children in a situation like this, react by suspending the child and put the child back into the home, rather than keep the child at school where they might be safe at least some of the time. It appears to be a matter of punishing the child and listening to the adults, rather than the other way round, as it should be.

I hope the education sector is paying as much attention to this report as CYFS is.

The Green Party supports the push by the Commissioner for Children for a return to community child protection teams to protect abused children. These teams did exist until they were abolished, foolishly, by Labour in 1989. It seems from these reports, and all those that preceded them, that the ability to work between agencies cooperatively is a critical factor that we need to have integrated back into social work practice again.

The Commissioner for Children's report also highlights the inadequacies and gaps in the provision of mental health care for children and adolescents. I again renew my call to Government to act more urgently to bring resourcing of child and adolescent mental health services up to a more reasonable proportion of the Blueprint guidelines. Again, it is children who miss out because these services are the least well funded, proportionately, of all mental health services.

I commend the Commissioner for Children and the Chief Social Worker Shannon Pakura for the honesty and lucidity of their reports into this most difficult case. I just hope all this isn't yet another wasted report - or reports - to be used as a parliamentary door stop or filed in the rubbish bin.

Finally, it is important to note that the Commissioner for Children's report does make considerable mention of the way in which the media dealt with children in the family, outside the family, and with the victims themselves in the aftermath of the killings. Some of it makes most distasteful reading and I hope that the Press Council, schools of journalism, journalists, and editors themselves will pay some attention to the Commissioner's findings and recommendations in this area.

But in the end, all of us are accountable. I hope that this sad occasion might be an opportunity when New Zealanders think again, and a little more deeply, about our fundamental attitudes to the children in our care. The serious way in which all colleagues in the House have talked about this matter this afternoon reflects, I think, the way in which we all feel about it. We all want to change what has happened, and why it happened, for the better. I hope that this determination can be reflected at every level of the New Zealand community, now.

_____________________________

Sue Bradford MP, Green Party Social Services Spokesperson

Speech in Parliament - General Debate, 12th November 2003

 

Teresa Cormack 6-year-old 

Died June 19,1987

Why did it take so long to catch him, and why didn't the police take more notice of him at the time?

Jules Mikus, who raped and killed Napier schoolgirl Teresa Cormack, had a long record of sexual offences against children. Despite being aware of his record, which extended well into the 1990s, CYF allowed Mikus to continue living with children until he was arrested for Teresa's murder in 2002.

When Teresa Cormack's molested body was found on a beach in 1987, Lower Hutt policeman Gary Orr thought of one man as a possible suspect - Jules Mikus.

Mr Orr knew of Mikus' extensive criminal background.

By 1987, Mikus already had five convictions for sex offences - he was arrested for his first sex crime when he was 14 - and had made a string of court appearances on burglary charges.

He had been abused himself as a child - before his arrest he was being counselled as a victim.

Mikus had moved to Napier in 1987, so Mr Orr rang the team investigating Teresa's murder and tipped them off.

At the same time, people who had seen a man matching Mikus' description in the area from where Teresa disappeared were ringing the police.

Yet it would be 15 years before Mikus was arrested and eventually convicted of abducting, raping and murdering the 6-year-old.

Why did it take so long to catch him, and why didn't the police take more notice of him at the time? Would it have led to his capture any earlier?

They are questions even Detective Sergeant Brian Schaab, the officer who arrested Mikus, believes need asking.

"It's frustrating for me to look through and see the information that was there about him which, for whatever reason, was overlooked or the significance of which was not realised at the time," says Mr Schaab.

Central to Mikus being dismissed as a prime suspect early in the inquiry was a police belief that Teresa disappeared soon after 9am.

"It has always been the assumption," says Mr Schaab. "It wasn't until we got the evidence we do have [Mikus' DNA profile] that you could relook at the whole thing in this new light."

Detective Inspector Ron Cooper, who was the first officer in charge of the Cormack inquiry, says there are reasons he is not prepared to go into which meant it was believed Teresa was abducted about 9am.

"It seemed the most likely scenario ... You've got to make some decisions based on what you know," says Mr Cooper.

"You've got to bear in mind that we had sightings by the carload all over the city, and you had to try to winnow them down and decide which of those you thought you could rely on.

"We always had something like a two-hour block that we couldn't account for her. We just didn't have an answer for that.

"We did a huge amount of work in the immediate area to see if she could have gone into a house or been taken into a house in the immediate area, kept there for a while and then taken away.

"We did inquiries with places that you might stop on your journey between Maraenui [where she disappeared] and Whirinaki [14km north of Napier, where her body was discovered].

"We checked all traffic tickets issued, any erratic behaviour - right down to the finest detail to try and substantiate where she might have been at that time because the 9am sighting was that she was headed back home."

In the murder trial, the Crown produced evidence from witnesses who described seeing a man fitting Mikus' description.

All those witnesses gave their statements to police at the time.

Brianna Smith even saw a little girl in a red raincoat (Teresa was wearing a red raincoat) with a scruffy, long-haired man.

But that was about 10.30am, and police did not believe Teresa could have been on the streets as late as that.

Mikus' luckiest break was that he had been at the Social Welfare office that morning to arrange an emergency benefit.

It gave him a concrete alibi for the time police were most interested in.

After Mr Orr's tip-off and within weeks of Teresa's disappearance, Detective Sergeant Barry Searle questioned Mikus.

He took a blood sample from him, photographed him and took his car away to be examined for clues.

Mr Searle asked Mikus why he had painted his car in the days after Teresa's disappearance.

But once it was established that he was telling the truth when he said he had been at Social Welfare between 9.30am and 10am, he slipped well down the list of suspects.

A "suspect check sheet" written about Mikus at the time says his alibi "tends to eliminate" him from the inquiry.

Mr Schaab now says of Mikus' alibi: "Looking at it now, it shouldn't have been accepted at that time. He was such a really good suspect."

He says Mrs Smith's sighting was important. "It wouldn't have been back then, of course.

"It was very significant but of course it was half past 10 and so far away from where [Teresa] should have been.

"But other information about Mikus was all there too.

"You'd think someone should well have been able to put it together because there were other sightings - a car which, looking at it, was probably his car."

When Mr Schaab says there was "other information" about Mikus, he is including his extensive criminal background, about which Napier police knew.

Mr Orr, who tipped the inquiry team off about Mikus, told them of his history of sex crimes, burglary and dishonesty offences. The cases included a vicious rape attempt on a schoolgirl in Lower Hutt about three years before Teresa disappeared.

Mikus should surely have screamed out for intense attention.

But Mr Orr says that although he nominated Mikus as a suspect he was never sure he was responsible.

"He was somebody I knew had the right sort of background to be considered a suspect," says Mr Orr, who retired from the police in 1998.

Mr Orr says he did not ponder all these years if it was Mikus.

"I thought he'd been spoken to and eliminated. I knew that there were some who were looking better suspects than others and were ultimately cleared."

One of those other suspects was Wayne Gary Montaperto, a former Napier man publicly identified as a suspect as early as 1989.

Mr Searle, the officer who questioned Mikus, obtained search warrants to raid Montaperto's house.

In affidavits, police said Montaperto lived on the route to school that Teresa would have taken and admitted being in the area at the time, although he denied any involvement with Teresa's disappearance.

Montaperto had at least 20 criminal convictions by the time Teresa was murdered, including one in 1976 for indecencies.

In a December 1987 affidavit in support of an application for a search warrant, a Napier detective said Montaperto's brother, Brent, had told police he saw Wayne Montaperto in his car with a small girl on the morning Teresa disappeared.

Montaperto believes the documents he has gathered about his treatment by police show detectives acted wrongly.

He has accused them of lying about the results of DNA testing in an attempt to get him to confess to Teresa's murder.



Montaperto went to jail in 1999 after being convicted for ramming the cars of policemen he says were harassing him.

Today, he says his life has been ruined by the police attention to him over the Cormack inquiry.

"How many other suspects got this treatment? I have received no apology from the police," he says.

He has formally complained about his treatment and the Police Complaints Authority is reviewing his claims.

Mr Schaab says that by March last year when the DNA evidence was obtained, 23 men could not be eliminated from the inquiry.

Mr Cooper says Mikus did not stand out, despite his criminal background.

"I read every suspect file and quite clearly if there was something about him that warranted closer attention it would have occurred to me. But there were other people that we put many more hours investigation into for other reasons.

"I'm confident that we made ... decisions on the best of what we had available at the time. I'm fully confident about that.

"So I don't have any self-recriminations at all."

Even if police had spent more time looking at Mikus, they might not have been able to charge him until the DNA evidence was obtained last year.

Apart from the DNA testimony presented to the trial, the only other evidence against Mikus was circumstantial or from confessions that came to light after he was arrested.

Mr Schaab believes the inquiry should be reviewed to see if any lessons can be learned, but he is not sure that the original inquiry team - of which he was a member - deserves criticism.

"You can't criticise the guys who were running it at the time because they were doing the best they could with the information they had available.

"It's terrible to read through the file and see that there was all this information there about this guy.

"But of course it only becomes really significant when you realise how important all that information is and now knowing who our offender is."

Tamati Pokaia 3-year-old 

Died  April 2002

Tamati Pokaia was another in a growing list of children that have been failed by Child, Youth and Family Services
 
Michael Waterhouse bent three year-old Tamati over a chair and punched him in the stomach four times, after finding him eating popcorn that he thought had been stolen from another child at kindergarten. The Chief Social Worker's Review of Tamati's death found that CYF did not ensure that the foster parents received regular visits, failed to evaluate the case failed to and plan for Tamati's return to his family, and did not involve Tamati's wider family/whanau in assisting to care for him.
 
Family blames CYF for child's death

The grandfather of a three-year-old boy who was killed by his foster father says the family blames the Child, Youth and Family service.

Eru Pokaia says social workers did not properly check out the background of Huntly man Michael Waterhouse, 41, who was found guilty on Wednesday of the manslaughter of Tamati Pokaia in April last year.

Eru Pokaia says when he raised his concerns with CYF before the child's death, he was "fobbed off".

CYF says its investigation so far shows that approval processes were followed, but it admits new information has come to light about Waterhouse since Tamati's death.

The department says it checks with police, GPs, schools and family when considering a potential foster parent.

But National Party welfare spokesperson Katherine Rich says CYF should be providing Tamati's family with an explanation and an apology.

"When CYF makes the ultimate decision to remove children from their biological parents, they should be making damn sure they're going to a better home," says Rich.

The jury returned its verdict on Wednesday after deliberating for three-and-a-half hours.

Waterhouse's lawyer Ron Mansfield says the right verdict was reached.

It was the second time Waterhouse had faced the charge because a jury in July could not reach a verdict.

Waterhouse has been remanded in custody and will be sentenced next month.

Earlier this month a damning report was released following the deaths of Masterton girls Olympia Jetson, 11, and Saliel Aplin, 12.

The girls were stabbed to death by their stepfather, Bruce Howse, in 2001. Howse is now serving a life sentence for their murders.

In her report, Children's Commissioner Cindy Kiro detailed the failings of government agencies dealing with the girls and their family.

In its own report , CYF admitted policies and procedures were not followed in the lead-up to the girls' deaths.

Welfare groups say New Zealand has one of the worst records in the world for child abuse and front line agencies must start sharing information about domestic violence and child abuse.

Ten years for foster son's death

A man convicted of killing his three-year-old foster son has been sentenced to 10 years in jail.

Michael Waterhouse, 41, was found not guilty of murder, but guilty of the manslaughter of Tamati Pokaia at their Huntly home in April last year.

Justice Heath imposed a six-year non-parole period.

Heath said Waterhouse deliberately pinned the boy to a chair, landing four calculated blows to his stomach.

And Heath said other bruises found on the boy's body satisfied him that Waterhouse had assaulted the boy previously.

The three-year-old was in the care of Child, Youth and Family at the time of his death but the department says the man's alcohol-related violence was not known to them.

CYF says that based on the information available at the time, the placement was justified.

Its report into the case also says social workers didn't visit the child for four months up until his death because visits were cancelled by the family.

 

Patrick Martin 4-month-old  

Died May 24, 2002

New Zealand: Baby taken from parents dies in CYF care
 
A 4-month-old boy has died in the custody of a Child, Youth and Family caregiver two weeks after police and social workers removed him from his parents.

Craig and Louise Martin of Glen Eden were told on Wednesday afternoon that their son Patrick had died that day from Sudden Infant Death Syndrome (Sids), or cot death.
Samara Olsen 7-week-old 
 The report says Child and Family Services workers in Dawson did an excellent job early on in the case identifying that Olsen was at high risk. But besides identifying the problem, little was done.
 
System failed murdered Yukon child, report finds

While the Yukon's child protection system was aware an infant was in danger, workers failed to prevent the seven-week-old Dawson girl's death nearly two years ago, a report has found.

Territorial child protection officials released the report into the August 2004 death of Samara Olsen on Thursday, and said they are acting on recommendations included with the investigation into her murder.

Olsen's body was found in a garbage can in Dawson City in August 2004. The baby girl was bruised and battered from head to toe, with 18 broken ribs. Her mother, Justina Ellis, was found guilty of manslaughter in October 2005 and sentenced to six years in prison.

The report says Child and Family Services workers in Dawson did an excellent job early on in the case identifying that Olsen was at high risk. But besides identifying the problem, little was done.

"The service provided in Dawson City did not meet the Yukon's standards for a child protection risk assessment or for an intake investigation assessment," said the report, written by Manitoba social worker Jan Christianson-Wood.

There was a need for an intensive assessment of the family's functioning, which did not occur, said Christianson-Wood. There was a lack of a team approach and information sharing between government and community service providers to deal with what was known to be a high-risk case, she found.

She said community service providers didn't address territorial government requests for tasks that had to be done to meet program standards, there was poor record keeping, and a failure to meet program standards for assessing and monitoring the situation.

"In other words, the quality of monitoring and assessment that should have occurred in this case, did not," admitted Health and Social Services deputy minister John Greschner.

Still, officials said they took comfort in the report's findings that Yukon has an effective system of policies and procedures in place.

"As we acknowledge there were deficiencies in our management of the case, it is important to note services were received," said Greschner.

"Many assessments we do on a daily basis are done very well," added Elaine Schroeder, the director of Children's Services. "Many services are put in place, children are being protected.

"And we believe the review did find, for the most part&8230; that the policies and procedures are such that it affords safety and security for children in Yukon."

Recommendations to boost system

Christianson-Wood also came up with a series of 18 recommendations to improve the child protection system in Yukon, including:

  • The establishment of child abuse committees to review incidents of child abuse, high-risk cases and review the deaths of children due to abuse or domestic violence.
  • The creation of a child abuse co-ordinator's position to ensure that all staff have access to an individual with specialized training in the investigation and treatment of child abuse.
  • The creation of a child abuse registry to collect the names of persons convicted of child abuse.
  • Services improve to support underage parents and their families.
  • That high-risk cases and risk assessments be brought to the attention of the director of the department within a week of being opened.
  • A multi-disciplinary child abuse committee be formed with representatives of the coroner's office, RCMP, medical doctors, government officials and First Nations to review abuse cases and advise on the provision of services.

While officials said they agreed with the report's recommendations, and planned to implement them, the process is complicated by the ongoing rewriting of the Children's Act in Yukon, and budget considerations.

However, "it is important the public knows we will be acting on it," said Greschner.

Still, "at the end of the day, this is about human beings working with other human beings," he said. "Errors can be made, these are difficult situations, that's the truth, and to say otherwise would be a lie."

Anna Climbie 8-year-old 
Child protection inquiry after Anna's cruel death

The short, miserable life - and brutal death - of 8-year-old Anna Climbie has shaken the child protection establishment of this country to the core.

Anna died of hypothermia and neglect in February last year. She had 128 separate injuries on her body.

Today, at the Old Bailey, her great-aunt Marie-Terese Kouao, aged 44, and her boy-friend Carl Manning, from Tottenham in North London, were sentenced to life imprisonment for murder and cruelty.

Many of the professionals involved in the case said it was the worst case of child abuse they had ever seen.

Routinely beaten

For a time she was kept in a freezing bath, clothed only in a bin-liner, her hands and feet bound. She was routinely beaten and burned with cigarettes.

Manning said he believed the girl was the devil, and that he was trying to exorcise her evil spirits.

The Government has already set up a statutory inquiry under Lord Laming, a former head of the Social Services Inspectorate.

Separate inquiries

Separate inquiries will examine the role of social workers in Haringey and the Police are investigating the failures of the Child Protection Unit in the borough.

Unlike previous cases, Anna's plight became known to a number of doctors, police officers and social workers: none was able to save her.

The Judge, Richard Hawkins, demanded that all agencies should learn the lessons of the case, and that he should be kept informed of developments.

Serious questions

Three London boroughs, Brent, Ealing and Haringey were criticised - but the most serious questions arose over what happened in Haringey.

Hospital staff who saw Anna and believed she had been abused were overruled by a senior colleague, who said the child was suffering from scabies and had caused her own injuries by scratching herself.

Once that mis-diagnosis had been made, social services staff refused to enter the flat where she lived for fear of infection.

Cultural problems

The lead member on Housing and Social Services for Haringey Council, Taki Suleiman, said there were additional cultural problems.

Some staff had assumed that - since the child came from the Ivory Coast - her fear of Kouao and Manning was a function of her respect for her elders.

Mr Suleiman said that efforts would be made to deal with these problems, and a number of staff had been suspended.

Improve standards

The Health Minister, John Hutton, told the World at One that Haringey would not be left to sort out its own mistakes. A team of inspectors would be sent in to improve standards.

He said: "We must now put in place stronger systems, if we need to, to protect children in future from this type of appalling violence."

The greatest irony of all is that Anna's family in West Africa sent her to Britain for a better life. Instead she met an appalling end.

Sherry Charlie 19-month-old  

Died Sept. 4, 2002

Report on girl's death shows how system failed

Sherry Charlie's vulnerable brother was left with her violent killer, and a coroner ignored a pathologist's autopsy suspicions

VICTORIA -- Despite clues he was in mortal danger, government officials left a three-year old native boy in the hands of a deeply violent man who had killed the child's younger sister, a government report said Friday.

At the time, four years ago, officials didn't know for sure that three-year-old Jamie Charlie's uncle had killed the boy's sister, Sherry, but they suspected she had met with foul play and were in possession of many clues that she had died a gruesome death in the home where her brother was still living.

The report from the province's Child and Youth Officer is yet another suggestion of an alarming breakdown of B.C.'s social safety net to protect the neediest children in a period of deep cuts by the Liberal government, which was eager to reduce the provincial deficit by cutting social programs.

Three year-old Jamie Charlie was the brother of 19-month-old Sherry Charlie, who was beaten to death by her uncle on Sept. 4, 2002. Her death, along with the death of foster child Savannah Hall in a separate case, has triggered major changes, and an infusion of more than $400 million into B.C.'s system for safeguarding about 10,000 children under government care.

Hall, a Prince George toddler, died under "suspicious circumstances" in 2001 after paramedics found her at home choking in a crib where her foster parents often tied her down with leather restraints.

The report, by Child and Youth Officer Jane Morley, suggests that even though social workers suspected within days of Sherry Charlie's death that she had been beaten, Sherry's brother and three other children were left for months in the same home with Sherry's killer. It also said government officials seemed paralyzed by a quagmire of bureaucratic rules and legal concerns.

Neither Sherry's brother, Jamie, nor the other three children were hurt by the boy's uncle, Ryan Dexter George, who was later convicted of manslaughter in Sherry's death. But Morley makes it clear that may have been due more to luck than anything approaching good social work or vigilance by the government's guardians of needy children.

"Fortunately, the worst potential outcomes of leaving the brother and the caregivers' children in the home after the child's death did not materialize," said Morley's report. "Nevertheless, a risk was taken that should not have been taken."

The nearly 175-page report shows that in one instance a local coroner in the death investigation was warned unequivocally by a pathologist on Dec. 6, 2002 that the the young girl's death was "not accidental or natural."

In fact, the report shows the coroner was given gruesome details of how the young girl may have died. "Mechanism of death" may be "pillow over the face!," warned the pathologist. " Sitting on chest or abdomen! ... Too many injuries to say accidental."

Sherry's uncle, who was suspected by the police in the toddler's killing while the autopsy's were under way, later pleaded guilty to manslaughter and was sentenced to 10 years in prison in 2004.

Yet the coroner, with his lawyer in tow as he gave his side of the story to Morley, said that while that pathologist's warning "was confirming of the suspiciousness of the child's death" the "Coroner's view was that passing on the pathologist's Dec. 6 information to social workers would have been inappropriate" until the final autopsy was available. That autopsy was only made available some 40 days later.

In her report, Morley found it "disconcerting" that the Coroners Service seemed to be fixated on the dead not the living." She suggests the BC Coroners Service attitude "reflects a mindset or organizational culture that will not easily be changed, but which needs to be changed if the value of protecting living children is to be given the prominence that it deserves."

Yet she also refused to pin blame or name names of anyone at fault. She said despite the mistakes, everyone acted "in good faith."

But there were also clearly some major political battles and legal manoeuvers at play behind the scenes. In her report's first two pages, Morley writes in a letter to Attorney-General Wally Oppal that she met with resistance from the Coroners Service.

"... the Coroners Service and the local coroner have argued that my report may not include commentary or suggestions that evaluate the efficacy of the actions of the Coroners Service or the Coroner ... or reflect adversely on the Coroner's competence or compliance with" the law that makes it a duty of a coroner to report any suspected child abuse immediately.

Children's Minister Tom Christensen welcomed the report and said such cases are rare among the 38,000 calls the government gets each year warning them about children in potential danger.

He said the government has implemented measures to insure that any such cases in the future trigger an immediate response by senior officials in his ministry.

But NDP Leader Carole James said the report shows a pattern of negligence and chaos within the government. She said Morley's single recommendation for teams to be set up to investigate children who die unexpectedly in government care was insufficient to prevent future tragedies.

"I expected there would be a lot of recommendations," she said." I'm disappointed."

mcernetig@png.canwest.com

Miro Cernetig, Vancouver Sun

Published: Saturday, October 21, 2006

Kimyana Licon 13-month-old  

Died October 3, 2007
 
Mother cooperated with CPS and the child was not believed to be in any danger.
 
Children taken from home after baby's drowning
 
While Lubbock police continue to investigate the bathtub drowning of a 13-month-old girl, Child Protective Services has placed her infant siblings and three cousins in foster care.

A spokesman for CPS said the children's mothers - sisters Ashley Licon, 18, and Daphne Craft, 20 - have had to deal with the protective agency before.

Kimyana Licon and two of her cousins, ages 1 and 2, were unsupervised in a bathtub Wednesday afternoon in a home in the 4600 block of Boston Avenue when Kimyana drowned, said Sgt. Ross Hester of the Lubbock Police Department.

Investigators have not determined who put the children into the tub. The only adult inside the home at the time - an unidentified man - was asleep and not aware of where the children were, investigators said.

The home is owned by Craft.

In late 2004, Craft's now 2- and 4-year-old children were removed from her care because of the conditions of the dwelling they lived in, CPS spokesman Greg Cunningham said.

After cooperating with the demands of CPS - which included restoring proper living conditions and attending counseling sessions - Craft was granted custody of her children in March.

Cunningham said Craft's youngest child, a 1-year-old, was never placed in foster care because the mother cooperated with CPS and the child was not believed to be in any danger.

Licon has an open case with CPS because of a concern about neglectful supervision as a teenage mother, Cunningham said.

He said there was no way to tell when or if the women will get their children back.

"We can't tell right now," Cunningham said. "We're going to look at these families and see if they can get their kids back.

"They are in foster care at this point. We have to find out what is the safest for them."

On Thursday, the three child safety seats that sat outside the home a day earlier were gone. The white blinds in the front window were shut tight and the voices of adults inside could be heard.

No one answered the door.

No charges have been filed in the death, police said.

Police received a 9-1-1 call from the house shortly after 1 p.m. Wednesday, Hester said. Police believe the man woke to screams from the mothers when they returned home.

Kimyana was taken to Covenant Medical Center by ambulance, where she was pronounced dead.

"The adult male was asleep," Hester said. "He had no idea that the children were in the tub because he worked the night before."

Preliminary autopsy results from Thursday determined Kimyana died by drowning, Hester said. Toxicology results have not returned, he said.

Police are in the process of separating discrepancies in the accounts of the three adults, Hester said. Discrepancies are common in cases like this he said, adding that it's not always intentional.

"There's a lot to the story we're still trying to sort out," Hester said. "We are pursuing this as a criminal matter for now."

Aunt Speaks About her Niece's Drowning

Yesterday we told you about a one-year-old who drowned in a bathtub. Today, her aunt is speaking out about the little girl. 13-month-old Kimyana Licon was one of three small children left alone in a bathtub yesterday. Someone called 911 around one in the afternoon.. But emergency crews could not save the little girl. Police say they've heard several different stories about what happened and are still trying to piece everything together. A lot of details about yesterday afternoon are still unknown. But what we can be sure of is little Kimyana Licon was a bright light that will continue to shine in the hearts of her family. "It will never be the same without her." Rena Cruz says she can't imagine life without her niece Kimyana especially since she saw the little girl fight to stay alive a year ago when she was born. "She was four months premature, she weighed almost a pound that's it. She fit in the palm of our hands and we did a lot of praying and we got her through that." But tragically, no one could save her from Wednesday's horrific event. "She fought so hard for her life and now to lose it, it's really been hard and devastating on all of us." Now, Kimyana's family is remembering the girl who brightened the room. "She had big beautiful eyes and she always had a smile on her face. Doesn't matter if you're in a bad mood, sad mood, you looked at her and it made everything better." But Cruz says that bright light has burned out. "Now that she's gone, it's gonna be really hard, because you don't have anybody to turn to look at and make everything be better. Don't take your kids for granted. You go to work every day and you think your kids going to be home everyday. When you see them, you go to the other room and think your kid is going to be playing when you get back and you just never ever know. Just cherish every moment with them." Reported by: Danielle Todesco

Family Court records state drowned girl was in bathtub unsupervised

The events that led to the Wednesday drowning death of 13-month-old Kimyana Licon were released in records from Family Court on Friday.

Records show the girl's aunt, Daphne Craft, placed the toddler in the bathtub with two other children before leaving the house. There was a man in the house but he was asleep, investigators say.

Both Craft, 20, and the girl's mother, Ashley Licon, 18, appeared before a judge Friday. Another court date has been set for the two sisters on Oct. 17, according to Greg Cunningham, spokesman for Child Protective Services.

Police are still investigating the incident as a homicide.

According to court records, Craft watched her sister's three children while she went to the dentist. Kimyana allegedly soiled her diaper so Craft placed the toddler in the bathtub with two of her own children, according to court records.

Around 1 p.m., Licon called her sister to inform her that her appointment was over and she was ready to be picked up.

As Craft left her home in the 4600 block of Boston Avenue, she told her husband that the children were in the bathtub, according to the records.

Sgt. Ross Hester of the Lubbock Police Department said the man inside was asleep because he had worked the night before.

When Craft and Licon returned to the home, they found Kimyana face down in the bathtub with her two unharmed cousins, according to court records.

Licon tried to perform CPR on her daughter until paramedics arrived. Kimyana was taken to Covenant Medical Center where she was pronounced dead, according to police.

Cunningham said the judge granted CPS temporary custody of Licon's twins and Craft's three children in a preliminary hearing on Friday.

He said this is typical in cases like this.

Both parents can request an adversary court appearance, Cunningham said. Licon and Craft can then try to prove why they feel their children should be returned to them, he said.

Until then, the children will remain in the custody of CPS.

"We will look for family placement if we can find a suitable placement," Cunningham said. "We'll do a background check and see if we think the children will be safe there."

In late 2004, Craft had her two oldest children taken from her by CPS. The children were taken because CPS did not feel that the condition of the home was up to par, Cunningham said.

After going through counseling and getting a home suitable for her children, CPS granted Craft custody in March of this year.

Cunningham said it may be hard for Craft this time around.

"All of her past with us, including the latest incident, will be considered when it comes to her getting her children back," he said.

To comment on this story:

andre.taylor@lubbockonline.com 766-8795

james.gallagher@lubbockonline.com 766-8706

Darvell Gulley 13-year-old  

April 27, 2002

restraint-related death-"compression asphyxia" -- suffocation caused by squeezing or pressure on the chest.

Mom Settles Suit Over Son's Restraint Death
By Dave Reynolds, Inclusion Daily Express
August 27, 2004

LINCOLN, NEBRASKA--The program that served 13-year-old Darvell Gulley has settled a lawsuit with the boy's mother over his restraint-related death, the Lincoln Journal Star reported Friday.

Gulley, who had developmental disabilities, died on April 27, 2002 from what an autopsy report described as "compression asphyxia" -- suffocation caused by squeezing or pressure on the chest.

Police said Gulley "got out of control" and had to be restrained by staff members at his home operated by the private, non-profit Developmental Services of Nebraska. At some point during the restraint, the staff discovered that the boy had stopped breathing.

Family settles suit over boy's death

The mother of a 13-year-old developmentally disabled boy who died while being restrained at a Lincoln group home has settled a civil lawsuit against the home.

Darvell Gulley died on April 27, 2002, after employees restrained him. Doctors concluded he died of "compression asphyxia" - suffocation caused by squeezing or pressure.A grand jury determined there was no criminal wrongdoing. His mother, Vivian Gulley, filed the civil lawsuit against Developmental Services of Nebraska and employees Jake Murray and Truphosa Otianga.
The suit, filed in August 2002 in Lancaster County District Court, alleged that the group home did not properly train its employees, that employees applied unreasonable pressure to Darvell's chest and that they failed to recognize they had applied the pressure with such force that he couldn't breathe.

On Aug. 4, the case was dismissed by agreement of both sides.

Attorneys for both sides said they could not comment on terms of the settlement.

Terry Sibbernsen, the attorney representing the Gulleys, said the family had been through a lot and decided a settlement was the best option."They're glad it's over with," he said.

JournalStar.com

C.J. Alexander 2-year-old 

Grandmother's loss could bolster others' rights

Access to toddler denied after she noticed bruises

WAGONER ? Two years later, Edwina Rice's tears still turn to sobs when she talks about her grandson C.J.

On Christmas Eve 2004, a smiling, loving little C.J. Alexander had opened and enjoyed his gifts, especially a plush set of SpongeBob SquarePants house shoes and a matching comforter. Rice still has a picture of him all wrapped up in the comforter.

Those are the images of C.J. that Rice tries to keep in her mind, not the way he looked the last time she saw him alive.

Less than two months later, C.J., who was nearing his second birthday, lay motionless in an Oklahoma City hospital ? the suspected victim of child abuse.

Now, the only comfort Rice can find in the toddler's death is a bill passed during the last legislative session that gives grandparents rights in cases such as hers. The new law takes effect Nov. 1.

Rice's son and C.J.'s mother had divorced earlier and Rice's ex-daughter-in-law was given custody. The ex-daughter-in-law allowed Rice to take C.J. for weekend visits.

On that Christmas Eve, Rice had noticed some bruises and a small gash in his left ear and when she returned C.J. to his mother, Rice inquired about the injuries.

"When I said ?why is this baby so bruised up?' she said ?oh, he's just clumsy and has this and that happen,'" the mother replied, Rice said.

C.J.'s mother then told Rice "don't worry about it, because you won't see him again."

Rice called the Oklahoma Department of Human Services to report suspected child abuse Dec. 27. They told her they would look into her complaint.

Over the next several weeks, Rice begged and pleaded and even offered the mother money to let her see C.J. again.

It didn't happen.

Rice went to an attorney to have her grandparental rights enforced by the court. She found out there was no such thing in Oklahoma and hadn't been in 10 years.

"They (the courts) had ruled it was unconstitutional to tell a parent who they let see their children," Rice said.

She well remembers the exact moment she next heard from the former daughter-in-law.

It was at 5:20 p.m. Feb. 8, 2005.

"You need to come to Oklahoma City, C.J. has been hurt,'" the little boy's mother told Rice.

She also remembers every detail of what she saw when she walked into his room.

"His head was four times larger that it was supposed to be. He had a tube down in his head. They told us he had no brain function," she said.

"I have to work real hard to remember what he looked like before," Rice said, adding that she has stared for hours at his last portrait, trying to replace the memory of how he looked in the hospital with the image of the C.J. she knew and loved so much.

Doctors told the family that even if he lived, C.J. would never be the same ? "he probably will never run, never jump, never play or smile for us."

She remembers holding C.J. and rocking him after his death.

"The hardest thing I've ever had to do was to have to hug him and he was dead in my arms. I can't explain what that did to me," she said.

C.J.'s mother's live-in boyfriend, Bradley Eric Fabinski, who was just short of his 22nd birthday told police the toddler had been injured as they came down the stairs at their apartment. C.J., Fabinski said, let go of his finger and tumbled down the stairs.

Hospital officials and law officers didn't believe C.J.'s injuries were consistent with Fabinski's account.

Rice's ex-daughter-in-law had left C.J. with Fabinski while she went to work.

Rice said she doesn't blame the child's mother for the injuries, that she actually feels sorry for her because she will always have the guilt of having left C.J. alone with Fabinski.

Fabinski was charged about two months after C.J.'s death with first-degree murder and has pleaded innocent to the charges. He is scheduled to face a jury trial Nov. 26 in Oklahoma County District Court.

Rice said she wants to be there for the verdict, but cannot stand the thought of hearing all of the details of what happened to C.J.

Recovering from C.J.'s death has been an ordeal for both Rice and her husband, David. When they had custody of him, he came with them to work at the Son's Charburgers restaurant, usually occupying one of the booths closest to the cash register and giving everyone who came in a big smile, a hug and a pat on the shoulder.

One older woman tried to time her visits to the restaurant when she thought C.J. was there.

There are some days when Rice doesn't cry about C.J. And then there are the days like one recently where she found those little SpongeBob SquarePants house shoes stuck back with some other shoes.

One grandparent told Rice that the incident would have made her want to "just lay down and die."

"I wanted to just lay down and die, but I had a son who had just lost his son," she said. "I had no choice but to keep going."

Not only was Rice surprised to learn that she had no grandparent rights, but so were hundreds of other grandparents with whom she later visited. And so was her childhood friend, a state representative.

Wade Rousselot, D-Okay, sponsored House Bill 1682. It was sponsored in the Senate by Sen. Earl Garrison, D-Muskogee.

The Rices were on hand when Gov. Brad Henry signed the legislation into law.

The new law is of some consolation to Rice because it could help other grandparents and it was something she could do in C.J.'s memory.

"No one should be shut out of grandparents' rights, because no one should get that call at 5:20 and be told that their grandbaby is on life support," Rice said.

By Liz McMahan
Phoenix Staff Writer

Reach Liz McMahan at 918-684-2926 or Click Here to Send Email

Nia Glassie 3-year-old 

Died August 3,2007

Child Youth and Family is refusing to comment on reports Nia's mother had a child taken away by the agency several years ago. It is understood the child was taken from Lisa Kuka after a head injury.
 
"Little darling, don't cry no more"
The words of the song rang out loud and clear across the cold Tokoroa cemetery.

"Little darling, don't you cry no more," the mourners sang, as Nia Maria Glassie's small white coffin was carried to her grave.

Nia was buried yesterday, six days after she died in Auckland's Starship hospital after allegedly suffering horrific abuse.

The 3-year-old was laid to rest near her paternal great-grandfather as about 500 mourners looked on in drizzling rain.

Many carried flowers and teddy bears, including one with messages written on cardboard hearts.

"Nia, why did those who saw so much do so little to keep you with the living," a message read. "You were a gift to this world. RIP."

The pallbearers who carried Nia to the freshly dug grave were from the family of her mother, Lisa Kuka, who buried her head in a child's pink jacket as the coffin was lowered into the ground. Nia's father, Glassie Glassie jnr, wore a red baseball cap with his daughter's name embroidered on the front.

Nia was named after Mr Glassie, who is known as Junior. Nia was a shortened version of his Cook Islands name, Junia.

Earlier, members of his family carried the coffin into the church where her funeral was held.

The casket was decorated with dolphin and star stickers and draped in a Cook Islands flag and flower lei.

The St Lukes Pacific Island Presbyterian Church was packed to overflowing with family and friends who came from as far away as Australia and the Cook Islands to farewell the toddler.

English, Maori, Cook Island Maori and Samoan hymns were sung in her honour, while children blew bubbles with bubble toys and laughed.

Nia's parents sat on either side of her coffin.

Minister Anthony McMillan, of Auckland's Living Faith Church, spoke of how Nia was a blessing. "Now the blessing must flow," he said. "Let the peace continue. When we put baby in the ground, let your rarurus, your upsets, go with them."

Mr McMillan said children learned by example and he urged people to look after their children. "Your hand is to bless, not to harm."

Inquiry head Detective Senior Sergeant Mark Loper said police were awaiting post-mortem results before deciding whether further charges would be laid.Siblings may go to Australia

Nia Glassie's siblings may go and live with their father, Glassie Glassie jnr, in Australia.

His aunt, Iva Singsam, yesterday said Mr Glassie and Nia's mother, Lisa Kuka, were discussing who their remaining three children would live with.

Nia and her two sisters, 8-year-old Esther and 10-year-old Jessie, were living with Ms Kuka in Rotorua before Nia was admitted to hospital.

The 3-year-old died on August 3 after almost two weeks in a coma. She allegedly suffered months of abuse including being spun in a tumble dryer.

Esther and Jessie are in the care of another Kuka family member, and police are investigating if the two girls too were abused.

Nia's brother, Jerome, 11, lives with Mr Glassie's parents in Tokoroa. Mr Glassie has lived in Australia for two years.

Ms Singsam said a report in the Herald that he now planned to stay in Tokoroa was incorrect.

She said she wished to correct information that Nia's body was covered in a traditional cloak in her casket. The covering was a Cook Island pareu.

By Juliet Rowan 

The New Zealand Herald:nzherald.co.nz

Chris Kahui 3-month-old 

Died June 13,2006

The Kahui twins: Murder - and the cover-up

By the time the emergency doctors at Middlemore Hospital got the chance to try to save little Chris and Cru Kahui, it was too late.

It was the evening of Tuesday, June 13. Their mother, Macsyne King, seemed unconcerned at first. The problem, she said, was that the twins were not feeding.

Doctors quickly established why. The babies were as good as dead; tests for brain function were negative.

When the mother was asked what had happened, she immediately requested a patient advocate. Soon after, hospital authorities telephoned the police.

Hours later, the diagnosis was made. Massive brain damage to both children, a broken femur for one. The cause: extreme violence.

Technically, the tiny twins, born 11 weeks early, were still patients of Middlemore Hospital. For the six weeks they had been home, they had been monitored by the hospital's extramural neo-natal service, which also has an iwi section.

They were almost up to the weights and developmental milestones the hospital required before they could be discharged.

Middlemore says the babies were seen in the week they died and were judged healthy and well nourished.

Auckland hospital services spent between $30,000 and $60,000 on Chris and Cru Kahui during their short and traumatic lives.

For their first five days, they were at National Women's in Grafton, where they were born.

The neonatal intensive care unit, where they lay in their Perspex cots fighting to maintain their body temperatures during those first, fragile days, is state-of-the-art. The walls are covered in art, including Pat Hanly paintings. The babies' every need is met by a 24-hour team of dedicated doctors and nurses.

Born on March 20, the Kahui twins were not tiny for 29-weekers. They probably weighed about 1100 grams each, and were 39cm long. Their heads would have been about as big as a grapefruit.

Their next five and a bit weeks were nearer home, at Middlemore's KidzFirst Hospital. Again the twins were in a sparkling-new, world-class neo-natal unit, where new babies are welcomed with teddy bears and family-friendly facilities.

There is space for families to stay with their babies and, more than at probably any other hospital in the country, efforts are made to accommodate the large number of Maori and Pacific Island families who go there.

The walls are cream, the atmosphere hushed and peaceful, the babies, in their outsized-looking nappies, utterly defenceless.

Says Lindsay Mildenhall, neonatal clinical leader at Middlemore: "A lot of attention has gone into privacy and providing a nurturing milieu for families and parents to visit their children."

Although mothers are not obliged to stay in hospital, they are strongly encouraged to express breast milk for their babies. At first this is fed through tubes; later, it is suckled directly.

Compare this with the house at 101 Maplesden Drive, Clendon, which Chris and Cru came home to in early May. Down a narrow right-of-way, it is small and shoddy. The walls are grey-blue fibreboard, misted with green mould, the guttering sprouts grass and weeds. The carport is sheltered by a plastic tarpaulin, the neighbours are too close. The high back fence is topped with two lines of barbed wire, and someone has put a couple of orange traffic cones at each side of the concrete drive, possibly to warn of children wandering, possibly to stop people scratching their cars.

Until last Tuesday 12 people and two small babies lived in this cramped three-bedroomed house, drinking, smoking dope and cigarettes, partying, fighting - and sleeping in rotating shifts.

Chris and Cru shared a cot, their 21-year-old father, Sonny Chris Kahui (known as Chris), a gentle, modest man with a collection of hangers-on, did much of their bathing and caring.

Their mother, Macsyne, known as Macs, is 10 years older than her partner and sometimes jealous of the younger women who hang round him.

Despite the parties she expressed breast milk for the babies - at least intermittently. Her four older children live with another former partner.

And around them, like something out of Once Were Warriors, rages the whanau.

First is Banjo, Chris's Dad, who seems to be chief occupant of the house. He and Chris's mother are separated. She lives in Mangere; he is a hard man.

Then there is Macsyne and Chris's other son, Shane, Chris's younger sisters, Mo and Eva (and sometimes her boyfriend), and his brothers Elvis and William, plus his boyfriend, Ray. The youngest is Kianne, who is the daughter of Mo and her partner Stewie, who lives here too.

Only one person has a job, as a cleaner.

Party nights are Tuesdays and Thursdays, when the rest of the adults get their benefits.

The parties rage through the night until the fighting gets dirty and the sickening crunch of bodies being hurled against walls begins.

Alcohol is a priority. Sometimes the group sit in the dark and drink rather than pay the power bill.

One night recently, a 16-year-old fled to a neighbour's place after one of the older men tried to sexually abuse her. "It was 3.30 in the morning," said the neighbour. "She was terrified. We took her in but we were scared too."

Often Chris and Macs would take the babies and drive the 10-15 minutes to Chris's mother's home in Mangere.

Here at 22 Courtenay Cres is another, older Housing New Zealand House. It too is painted pale blue, but it has the solid wooden weatherboards of the '60s, a big, grassy section, a teddy bear on the windowsill of a child's bedroom, and a hopeful planting of white arum lilies against the fence.

It's only when you walk around the back that you see the broken window, the kid's yellow bike against the wall, the used disposable nappies spilling out of black plastic rubbish sacks on the ground against the house.

The washing on the line hangs sodden and forlorn, much of it on the ground. Chris's mother is ill in hospital, the rest of the family are at the Manurewa Marae, where the tangi for the twins is well in progress.

Chris and Macsyne helped carry the single coffin and its two small bodies on to the marae.

Despite the relative tidiness of the place, this is also a party house. It was here that Macsyne found her twins battered and dying when she arrived back after a 12-hour absence. Neighbours talk about rowdy, all-night parties, drunkenness and fights.

The perplexing thing about this case is that the various services tried so hard to help. KidzFirst goes to extraordinary lengths with its families.

The people involved know their rights. The minute Middlemore Hospital diagnosed her babies as brain dead, Macsyne King demanded a patient advocate.

Former MP John Tamihere is not impressed. "They [the family] had a meeting before the first one died to, I guess, obfuscate is probably the best word. You can't have two babies murdered and the level of blockage of information flow as to who the perpetrators of the murders are."

How do babies get into these situations? Tamihere says the circumstances won't be very different than they were for James Whakaruru, beaten to death by his stepfather at age of 4, and Hinewaoriki "Lillybing" Karaitiana-Matiaha, who died aged 23 months after being violently shaken by an aunt.

"This isn't an excuse, but is what might have happened," says Mr Tamihere. "The type of profile: beneficiary family, probably second or third generation, no doubt Maori. While they are kin relations, there is no discipline, no culture, no values in those relationships."

"What invariably happens is you are degraded to an extent you're addicted to certain bad behaviours. You become hugely self-centred over getting whatever fixes you.

"The net result of that is you don't care about your conduct, you don't care about its ramifications, about its impact.

"You just care about the next 14 days till you get your 'bene'. In between, you might have been able to score booze, dope and you might have had a good flutter on the pokies. Your life is a narrow funnel."

Mr Tamihere believes those involved at hospitals and early childhood agencies "know what babies are at risk, but what they do is wait for something to go crash rather than put in an intervention".

Why were no flags raised in this case?

"That's something that will come out in the wash, but you can assure yourself that a number of people who ever had those babies near them will be running for cover right now."

That extends to the family. Pressure has been mounting on them all week to give up the person or people who injured Chris and Cru.

Police worked behind the scenes for seven days before going public with information that they were dealing with family members who would not co-operate with the investigation.

Detective Senior Sergeant John Tims, who is leading the inquiry, said on Tuesday that witnesses wanted to go through the grieving process before speaking to police.

The fact about a dozen family members had taken legal advice was not complicating progress, he said.

Family members were now suffering from guilt as well as grief, he said, and they had a "second chance" to help the babies by talking to police.

Mr Tims was silent on Thursday but yesterday - five days after Chris and Cru were taken off life support and died in their parents' arms - he said the family had made a pact not to co-operate with the police.

"This investigation will not stop until we have found the individuals responsible for the murder of Cru and Chris Kahui."

Within that sentence was one word he had not used all week - murder.

By Carroll du Chateau  and Louisa Cleave  and Phil Taylor  and Martin Johnston 

Kahui twins' parents put burgers before babies

The parents of murdered twins Chris and Cru Kahui ignored doctors' orders to seek urgent hospital treatment for the twins' injuries - and instead went to McDonald's for lunch.

As the police investigation into the double murders enters its 12th week, the Herald on Sunday has new details about the events leading up to the death of the three-month-old Mangere twins.

The twins' parents, Sonny Chris Kahui and Macsyna King, took the twins to their family GP on Tuesday, June 13. King had returned to Kahui's Mangere home that morning after being gone for 11 hours and had noticed extensive bruising on the boys.

She was told that during the night CPR had been performed on the twins by their grandfather William "Banjo" Kahui. Police would not say yesterday who else was in the house when CPR was administered, but confirmed "there was more than one person there".

However, despite obvious fears for the twins' wellbeing, no one in the house sought medical treatment. It was only at King's insistence that it was agreed the twins should be seen by the family GP.

Police said the babies had been bashed on their heads or their heads had been smashed against something solid. They had broken ribs inflicted before the injuries which killed them, and one had a broken thigh bone.

After a 20-minute consultation with their GP, King and Chris Kahui were told the injuries were so horrific the boys needed urgent hospitalisation. An ambulance was not called as Middlemore Hospital was only 10 minutes away and the GP thought it was quicker for King and Kahui to go themselves. But instead of going straight to Middlemore, King and Kahui went to McDonald's for lunch.

They then returned home for several hours where it is understood King and Kahui had an argument over the twins, which led to Kahui storming off.

Eventually King took the twins to hospital by herself and was joined that evening by Kahui. Five days later the babies died in Starship Hospital.

Inquiry head Detective Senior Sergeant John Tims would not comment on the events leading to the twins' hospitalisation, but did confirm they had reduced the list of potential suspects "dramatically".

He refused to comment on suggestions that Chris Kahui had been officially upgraded from a "person of interest" to a suspect in the double murders. All he would confirm was that police last spoke to Chris Kahui and King about a fortnight ago.

He also denied claims that police were going to make an arrest three weeks ago.

"We are making really good progress. It is not as quick as some people would like, but we need to be patient - and all I can really say is that I am confident of a result in the near future.

Tims said family members were no longer "stonewalling" efforts to find the twins' killer or killers - but for police there was still work to do to establish a prima facie case.

Chris Kahui, William Kahui and King were still living in Auckland and police were able to see and question them any time, he said.

So far police have interviewed all of the "tight 12" and at least a further 20 members of the immediate and extended families and another 90 non-family witnesses.

Tims said he was aware of calls for police to prosecute every member of the "tight 12" for perverting the course of justice, but the most important thing was finding Chris and Cru's killer.

"We cannot just drag people in, lock them up and think that hopefully that will give them a fright and they will tell all. If we get sidetracked with perhaps minor offences we are losing the direction and focus we need to have."

Kahui family spokeswoman Ani Hawke said she believed it was only a matter of time before an arrest.

She had spoken to Chris Kahui about the twins and did not believe he had inflicted the injuries.

She said she knew who was responsible, but did not believe now was the right time to name them. Chris Kahui's lawyer, Lorraine Smith would not comment.

By Stephen Cook  and Jared Savage 

Casey Borrow 8-month-old 

October 23 , 2003   

W.V. foster mom charged in death
 
A West Valley woman has been charged with criminal homicide and child abuse in the death of an 18-month-old foster child in her care.

The Utah Department of Human Services, meanwhile, will conduct an independent investigation to review what happened in the foster home.

Jeannette Ilene Gomez, 30, remained in the Salt Lake County Jail on Tuesday. Her bail was set at $1 million.

On Oct. 22, a baby had stopped breathing at a house near 3400 South and 6400 West. The foster mother told police the baby fell from his crib and hit his head, according to court documents filed Tuesday in 3rd District Court.

Gomez told an officer she heard a "thud" and found the baby face down on the floor beside the crib. She said she carried the baby to another room and shook him several times in an attempt to revive him. Then she called 911 and tried CPR with a dispatcher over the phone, court documents state.

Authorities arrived at the house and found large purple and red swelling on the right side of the baby's head. He was airlifted to Primary Children's Medical Center. A trauma nurse told a detective she did not believe the baby had merely fallen from his crib. An ophthalmologist agreed; he examined the baby's eyes because of hemorrhaging.The baby was pronounced dead at 9:40 a.m. the next day, court documents state.

The autopsy found hemorrhaging, various small contusions and injuries to the scalp, torso and extremities. The Utah State Medical Examiner's Office believes the injuries were caused by something with a velocity greater than the baby's weight dropped a few feet, court documents state.

Police measured 36 inches from the crib to the carpet. The padding under the carpet is relatively new. There were no broken parts on the crib, according to the court documents.

Police believe Gomez was frustrated with the baby's crying and may have hit the baby or thrown him. Prosecutors, however, are cautious of revealing their version of the alleged abuse until trial, said Kent Morgan, spokesman for the Salt Lake County District Attorney's Office.

"I don't think anybody knows" what happened that night, Morgan said. "The child was certainly injured by a number of blows. It's hard to say how those blows are inflicted."

Carol Sisco, spokeswoman for the Department of Human Services, said Gomez and her husband ? who was not home when the baby stopped breathing ? received licenses to become foster parents in October 2002.

"She was just due to be re-licensed," she said.

Obtaining a license requires clearing a criminal background check, 32 hours of foster training and 12 additional hours of training each year.

In training, foster parents learn "what to do if you think you're going to lose control. It's a pretty extensive and intense program," Sisco said.

The DCFS' independent investigation will be done by an outside, private agency to avoid a conflict of interest. The foster licenses of Gomez and her husband have been suspended. "But the license wouldn't be revoked until such time the person was found guilty," Sisco said.

The state removed the baby's 5-year-old sister from Gomez's house. Gomez's two biological children were taken to relatives' homes. The three other children showed no signs of abuse.

The criminal homicide charge against Gomez is a first-degree felony, punishable with five years to life in prison. The child abuse charge is a second-degree felony, punishable with up to 15 years behind bars.

lhancock@desnews.com

 

Stephanie Dorismond 15-year-old 

May 2007

DCF report finds lapses in oversight of girl who died

The teen was found dead in May. The agency asks for "corrective action" for one of its own.

By ASSOCIATED PRESS
Published July 16, 2007

MIAMI - A report by the Department of Children & Families discovered lapses in the oversight of a teenage girl, who was found dead in a motel room.

Stephanie Dorismond, 15, was found dead in May in a room she shared with a 36-year-old man. Jean Edner Loccident of North Miami has been charged with her killing and is awaiting trial.

DCF analyzed four investigations of Dorismond's family that occurred over four years and found lapses in all the cases.

The report concluded the agency should have asked a juvenile judge to oversee the family and order services and supervision, the Miami Herald reported Sunday.

"A history of chronic, violent child abuse, behavioral and mental health problems . . . for the child and mother, along with the fact that Stephanie had not reportedly lived in the home for two years, required a more thorough family assessment," the report said.

The report recommends "corrective action" for DCF investigator Williams R. Ajayi and his supervisor.

On April 10, a group assigned to work with the family told Ajayi that she had run away, but records show he did nothing.

No action has been taken yet, DCF Miami spokeswoman Flora Beal said. Beal said Ajayi was on leave and not available for comment.

Meshach Boges 15-year-old  

Died February 17 2007

This time, God did not save Meshach.

In the Bible, an angel rescues a true-believing youth named Meshach after he is hurled into a furnace.

In Liberty City last weekend, another Meshach -- Meshach Boges, 15 -- met his fate outside a yellow-orange market:

Somebody shot him dead.

"God doesn't make mistakes. It was destiny. Bullets don't have eyes or ears," said his adoptive mother, Virginia Boges. "It might help some of his friends. Maybe it will help them turn around their lives."

Like many teens and parents, Virginia Boges squabbled with Meshach often. He needed to stay home, off the streets, she argued.

The streets here proved deadly. He died Saturday just before midnight as he loitered outside King's Market, 6310 NE 18th Ave, just blocks from his home.

Roanna Meagan Fontaine 14-year-old 

Died June 24, 2007

She was everyone's flower.

Roanna enjoyed being in front of her computer, four-wheeling, having pillow fights and dancing. She loved being with her friends and working out with her friend Mary Lynn. Roanna liked to dress up fashionable and wanted her own beauty salon. She excelled in school and was moving to Winnipeg to be closer to her mom. Roanna especially loved to be with her sister Raquel, making her friends laugh and show who she really was to everyone. She was everyone's flower.

January 06, 1993 - June 24, 2007 -Suicide

Nikayla Towns 6-month-old 

Mother accused of infant murder faces trial

Munchausen syndrome by proxy ?!

A Smithfield mother faces a jury trial Thursday in the suffocation death of her infant daughter.

Sykeethia Towns, 21, is charged with first-degree murder in the death of her nearly six-month-old daughter, Nikayla, in September 2004.

The child died after emergency responders were called to her apartment because she wasn't breathing.

Police later learned the baby had visited area emergency rooms nine times for the same thing.

Authorities have not ruled out Munchausen syndrome by proxy. That's a psychological condition where caregivers try to attract attention to themselves by inducing an illness in a person under their care. Among the symptoms ? repeat visits to the emergency room.

Authorities say suspicions were heightened after Towns gave birth to a son in November 2005. He visited the emergency room ten times for the same reason before being placed in foster care in May 2006. After that, he didn't have any more emergencies.

Raijon Daniels 8-year-old 

Child welfare contacted 3 times before boy died

Neighbors, school officials and relatives knew that something was not quite right with 8-year-old Raijon Daniels of Richmond, but they couldn't specify what was wrong.

At least three times since March 2005, Contra Costa County child-welfare workers were alerted to check on Raijon's well-being. But it is unclear whether the agency ever paid a visit to Raijon's home. Because of confidentiality rules, agency workers cannot say if they did.

If they did check, however, they apparently found no signs of abuse and did not remove him from the home where he lived with his mother, Teresa Marie Moses, 23, and his younger sister.

Moses is being held in a Contra Costa jail in lieu of $2.1 million bail on suspicion of murder, torture, child abuse and child endangerment and could be charged today in connection with Raijon's death. Police and paramedics found him unresponsive in his bedroom on the 700 block of South 40th Street on Friday. He was covered with chemical and rope burns, sores and other injuries on every part of his body, authorities said.

Police said the boy had traces of vomit on his face and may have died from swallowing household cleaner or another poison. Authorities are awaiting results of toxicology tests from the Contra Costa County coroner to confirm the cause of his death.

Now, Raijon's death is raising questions about whether anything more could have been done to protect the child.

Lynn Yaney, spokeswoman for the county's employment and human services agency, which oversees Children and Family Services, declined to discuss specifics of the case Tuesday, citing confidentially issues.

Generally speaking, Yaney said, "We can only go out and investigate what we're told about. And when we go out, we can only make decisions on what we see that day. We can't speculate. We're not mind readers. We're not seers."

The first time Raijon came to the attention of the child-welfare workers was in March 2005. Police notified the agency after Moses called police, accusing her estranged husband, Damian Hall, the father of her 3-year-old daughter, of sexually abusing Raijon, sources said. Police found no evidence to support her claims, and prosecutors declined to file charges. Hall is filing for divorce from Moses.

Child welfare authorities were again alerted to possible problems in Raijon's home two months later, this time by the West Contra Costa Unified School District.

Around that time, Moses had sent a letter to King Elementary School in Richmond, which Raijon attended, instructing school officials not to give Raijon cafeteria food.

"For medical reasons Raijon will be on a special diet and will no longer be eating food from the cafeteria," Moses wrote. "I will bring his lunch to him."

Moses pulled Raijon out of the public school system around the same time that school officials notified county child-welfare authorities, said Paul Ehara, spokesman for the West Contra Costa Unified School District.

Child welfare officials again were notified about possible problems with the boy in July 2005.

This time, Raijon had apparently run away from home and had been playing on a jungle gym for hours at a San Pablo restaurant, police said. In court papers filed in connection with a divorce filing, Moses describes herself as a former preschool instructor whose "parental skills are still growing and being exercised daily" with Raijon and her daughter, who is now in protective care.

In the filings, she wrote that she had spoiled Raijon in the past, resulting in 13 cavities. "So out of his anger and disappointment, Raijon would go to school begging, lying and over-exaggerating the hunger because of his new eating habits," she wrote.

Moses, who works as a United Parcel Service supervisor in Richmond, told police she had disciplined him and poured a chemical on him for what she perceived to be misbehavior, such as urinating or defecating on himself in his locked bedroom, where his mother gave him food mixed in a blender and monitored him with a surveillance camera, police said.

On the rare occasion that Raijon was allowed outside his locked bedroom, the boy would look to his mother for approval before addressing other people, his great grandmother, Lillian Ponder, 82, of Richmond, said Tuesday.

"If I offered him a cookie, he would have to look at her," Ponder said. "When he comes and sits down, he couldn't move until she said he could." Although Ponder said she thought that was strange, she didn't notice any signs of abuse. "She would sit right between us," Ponder said. "I couldn't notice anything. He was fully dressed."

Moses' sister, Tracy Bland, said, "It's shocking to everybody, and we're trying to cope with it the best way we can."

Residents and managers of the Monterey Pines apartment complex in Richmond also didn't report anything suspicious. "We had no idea or information which would have led us to suspect this type of abuse," said Jennifer Borland, president of Evans Property Management.

Raijon was born at Alta Bates Medical Center in Berkeley on Jan. 31, 1998, to Moses, then 15, and Desmond Daniels, then 16, Alameda County records show. Daniels could not be reached for comment.

In September 2005, Raijon was enrolled at Franklin Elementary School in Oakland. He didn't finish the school year and didn't show up for school in August of this year, said school district spokesman Roqua Montez, who would not say whether officials reported signs of abuse.

In January, a Contra Costa commissioner presiding over a civil domestic-violence case filed by Moses against Hall ordered her to undergo psychotherapy "for the purposes of addressing issues with anger and control." Raijon should also undergo psychotherapy, the commissioner ruled. It was unclear from court records whether that happened.

On Oct. 2, Moses filed a private-school affidavit with the state Department of Education establishing "Teresa's Home School" at an Oakland address where she apparently has not lived for several years.

The affidavit, required for parents who wish to home-school their children, is a legitimate way of preventing students from being declared truant. But if a child has shown signs of abuse or trouble at home, the affidavit can be a red flag to educators that something is wrong, said Barbara Colton, who runs the state's elementary-education office that maintains those records.

Chronicle staff writers Jason B. Johnson and Nanette Asimov contributed to this report. E-mail Henry K. Lee at hlee@sfchronicle.com.

Brooklynn Cummings 7-month-old 
"The department that deals with our children is the most important part (of government), but it's also the most inconsistent."

Mother Faces Manslaughter Charge in Infant Drowning

Woman has history of drinking, passing out, leaving child unattended, court documents say

BENTONVILLE -- A 7-month-old baby is dead after drowning in the bathtub and her mother is in jail on a charge of manslaughter. The woman has a history of drinking, passing out and leaving a child unattended, according to court documents.

Melanie Cummings, 30, of 10650 Short Road was arrested Wednesday following the death of her daughter, Brooklynn. A bond hearing is planned this morning.

Mother and daughter were bathing together Tuesday night, police said.

Brooklynn's father discovered her face down in the water about 9 p.m. Her mother was next to her in the tub, unresponsive, police said.

The baby's father, Joseph Cummings, 35, got a protection order against the mother three years ago in Benton County Circuit Court. He said Melanie Cummings passed out from drinking alcohol and left their first child, then age 3 months, unattended. She had a problem with depression, he said, according to court records.

A dependency and neglect case was opened against the mother, but was closed after she "achieved the goals in her case," said Julie Munsell, spokeswoman for the state Department of Health and Human Services.But a relative said Wednesday she and friends of the family have fought for years to get help for the children because of Cummings' continued substance abuse.

Repeated calls were placed to the Department of Health and Human Services, including after Brooklynn was born prematurely last year, Vincent said.

"People in our area need to know, children aren't getting the help they need," said Amy Vincent, Melanie's niece. "The department that deals with our children is the most important part (of government), but it's also the most inconsistent."

Vincent said Cummings tested positive for substance abuse about six weeks ago. Munsell said department policy prevents her from confirming this -- or any details of the case.

According to a news release from the Benton County Sheriff's Office, mother and baby got in the bath Tuesday evening. Joseph Cummings was on the telephone, but checked on his wife after 8:30 p.m. All was well, he later told police.

Fifteen minutes later, he couldn't get any response at the bathroom door, forced it open -- and found his wife unresponsive and the baby face down in the water, the release said.

Joseph Cummings called police and a dispatcher explained how to perform infant CPR. Paramedics transported the baby to Northwest Medical Center-Bentonville, where she was pronounced dead.

After an interview at the sheriff's office, Melanie Cummings was arrested on one charge of manslaughter, a Class C felony punishable by up to 10 years in prison.

Court records show Joseph Cummings sought an order of protection against Melanie Cummings, who went by the name of Melanie Short, in early June 2004. The order was granted by Circuit Judge John Scott.

Joseph Cummings said Melanie Cummings had been arrested for domestic battery, driving while intoxicated and endangering the welfare of their child. One evening, he said, he came home from work and their baby was unattended. He spent 15 minutes trying to wake his wife, who was drunk. Later that month, he asked to drop the order of protection, saying he felt comfortable with Cummings seeing their child as long as she was in counseling and not drinking, court documents state.

Investigators will serve a search warrant on the Cummings residence to collect additional evidence, said Deputy Doug Gay, public information officer for the Sheriff's Office. He confirmed police have received calls regarding the Cummings residence in the past, but said he didn't know the circumstances.

An autopsy will probably be ordered, he said.

This article was published on Wednesday, March 14, 2007 9:22 PM CDT in News

By Robin Mero & Melissa Sherman
THE MORNING NEWS

Anthony Nieves 3-month-old 

Mom got 2nd chance with son

However, she blew it, latest arrest in reported beating of boy suggests.


This week's candidate for mother of the year: Tina Lynn Tatum.

When we last saw Tatum in May 2005, she was in court charged with child abuse, sobbing to a judge how it wasn't her fault that her boyfriend killed her baby -Anthony Nieves  3-month-old-. This, even though she knew he'd been shaking the infant and had admitted to smacking her older son around herself.

"I've been through hell since this happened," she tearfully told the judge. "I know that nothing is ever going to bring my son back and I have to live with it the rest of my life. I shouldn't have to suffer any more."These days, Tatum's out of jail and apparently suffering still. Her latest bout of misery came Sunday when police say she beat her surviving son bloody in a Mesa Wal-Mart and then dragged him off in front of horrified customers.

So how could this happen, you ask? How could someone with her past even have a son to use as a punching bag?

Maricopa County Attorney Andrew Thomas was so outraged by the matter he called a press conference.

"It is very disturbing that a person who was involved in the violent death of one child apparently was given unmonitored custody of a second child," Thomas said. "The current system for protecting children from violence and live-in adults is not working."

So says the man whose own office offered a deal to the woman two years ago, reducing her role in the baby's death to attempted child abuse.

In 2003, Tatum was living with Pedro Peralta and her two sons by other boyfriends, a 5-year-old and 3-month-old Anthony Nieves.

On the night the baby died, Peralta admitted that he had shaken Anthony, but Tatum appeared more concerned with her beloved than her dead baby.

"What am I supposed to do without you?" she told Peralta, in an exchange taped by Phoenix police. "You mean (expletive) everything to me. And I can't (expletive) do without you."

Tatum refused to cooperate with police and no charges were brought at the time. It took 10 months and another dead child - by then Peralta had moved in with another woman and smothered her son - before the pair was prosecuted: Peralta for murder and Tatum for child abuse for failing to protect her infant son.

In 2005, Thomas' office offered Tatum a deal: Plead guilty to attempted child abuse and we'll stipulate a year in jail and lifetime probation. The plea also required that she get counseling for domestic violence and have no "victim" contact without a probation officer's approval - though, given that the victim was dead, such contact seemed highly unlikely.

Tatum took the deal. Meanwhile, Child Protective Services turned the surviving son over to her father and closed the case. The agency says it never again got a report of a problem.

When Tatum got out of jail in spring 2006, she went to live with her father and son. Her probation officer notified the court, saying she could find no orders from the judge barring such contact. "Therefore," she wrote, "this officer will allow her to remain in her father's residence with this son unless the court opposes this arrangement."

It didn't.

Mike Goss, a spokesman for the Maricopa County Adult Probation Department, said they had no reason to believe she would abuse the boy.

"No information was presented to the court from either CPS or the pre-sentence investigation that she was a danger to the child as a perpetrator," he told me. "The danger was that she failed to protect him from this other guy."

Court records indicate, meanwhile, that Peralta told police in 2003 that Tatum had drawn blood when hitting her older son in the face. Tatum denied it, saying she only smacks the boy. "I don't ever close my fist to my kids," she said.

Tatum, 29, was arrested Sunday after Wal-Mart customers say she closed her fist and repeatedly slugged her now 10-year-old son, bloodying his nose then dragging him off. This, reportedly because of an argument over a T-shirt.

Tatum, by the way, had just completed 51 of 52 court-mandated counseling sessions for domestic violence.

Read her blog at robertsblog.azcentral.com
Sean Ford Paddock 4-year-old 

"They begged me to keep them the day they were adopted," -"All I could do was hold them and cry."

State Was Paying Paddock Family -Biological family outraged -Social workers investigated Lynn Paddock months before Sean Ford's adoption - The adoption of Sean and his older brother and sister went through anyway.

Sean Paddock, who died last weekend, was laid to rest Thursday at a private funeral. Eyewitness News confirmed that none of the boy's biological family was allowed to attend.

Investigators say Sean Paddock died of asphyxiation after being tied up with blankets. His adoptive mother, Lynn Paddock is charged with murder. She's also accused of beating Sean and his siblings with PVC pipes. Eyewitness News has learned that the state was paying the Paddocks to care for the children. The money the adoptive family got was money biological relatives say they could have used to care for the kids themselves. They say they did not know the money was available.

When social workers took Sean, Hannah and David out of their unsafe and unsanitary home in Wake County, their uncle, Ron Ford Jr., took them in.

"We love the children. They're my brother's kids, and it really hurt us to let them go," he said.

Ford let them go because he and his wife could not afford to care for them and their own three kids.

"We had a savings account and everything," he said. "We just ate through it really quickly."

The state had been paying Lynn Paddock and her husband $1,270 a month for adopting the three kids, based on their ages and a payment formula for adopting a group of siblings. It is financial assistance that Ford says he did not know about.

"We were never told anything about that," he said.

Ford says he also did not know the adoption agency got $45,000 -- $15,000 per child -- for placing all three kids together in the Paddock home. He says the state could have saved that money if the Fords had been offered assistance in the beginning. He also believes Sean's life could have been saved.

"We've got my 4-year-old nephew now who's been buried as a result of all this," Ford said. "They should've just listened to begin with."

Ford and his family are hoping to overturn the adoption and get custody of the two surviving siblings. They will have to wait and see how the criminal case plays out.

 

Paddock Laid to Rest

Grieving aunt speaks with Eyewitness News

Lynn Paddock requested a temporary release from the Johnston County Jail so she could attend the funeral of Sean Paddock, but Sheriff Steve Bizzell denied her request.

Sean Paddock, who died last weekend, was laid to rest Thursday at a private funeral. Eyewitness News confirmed that none of the boy's biological family was allowed to attend.

Paddock was adopted less than a year ago. Authorities have found evidence that his mother disciplined her kids with hard plastic PVC pipes, but an exact cause of death has not been released. Sheriff Bizzell expects to receive preliminary autopsy results Friday.

Aunt speaks with Eyewitness News

Lee Ann Ford clutched a photo of her niece, Hannah, and two nephews, David and Sean on Thursday, knowing the three children never will be together again. For now, Hannah and David are again with social services.

"My babies, Hannah and David, are sitting somewhere, wondering, scared, confused," Ford said. "They've lost their baby brother. They won't let us see them. They won't let me tell them that we love them."

Ford and her husband cared for Sean, David and Hannah for a short time after the children were taken from their biological parents. But when the family could not afford to keep the children, the three kids were put into foster care.

Lynn and Johnny Paddock later adopted the children, although there were allegations that the couple abused Sean during a visit prior to their adoption. Social services officials could not confirm the allegations.

"[Social services] dropped the ball is exactly what they did. Seanie, David and Hannah weren't important enough," Ford said. "I can only pray that we can get them back and love them and care for them like they deserve to be loved and cared for."

The family has hired an attorney.

Dead boy's mother accused before

Social workers investigated Lynn Paddock months before Sean Ford's adoption

SMITHFIELD -- Seven months before Lynn Marie Paddock adopted the 4-year-old boy she's charged with killing, Johnston County social workers went to her remote farmhouse to investigate allegations of child abuse, officials said Monday.

And weeks before she adopted Sean Ford from a Wake County foster home, his uncle told Wake Child Protective Services that the boy returned from a visit to Paddock's farmhouse with welts on his backside and legs, the uncle, Robert Ford Jr., said.

The adoption of Sean and his older brother and sister went through anyway.

"They begged me to keep them the day they were adopted," said Ford, who first cared for the children after they were taken from his brother. "All I could do was hold them and cry."

Ford said that Wake County Child Protective Services took Sean and his siblings in 2004 after the children's father went to prison for abusing the girl. The children's mother lost custody after she refused to leave their father, Ford and Ford's father said.

The children lived with Ford seven months before he gave them to the foster home while he tried to get his finances in order, he said Monday.

On July 22, the Johnston County Superior Court clerk's office approved Lynn and Johnny Paddock's request to adopt the children from the foster home.

On Sunday, Lynn Paddock, 45, found Sean lifeless in his bed. Prosecutors charged her with second-degree murder and also with abusing two of her other children. Johnston County sheriff's deputies say she had been hitting her adopted children with plastic plumbing pipes.

Authorities took four children from the Paddocks' house. The oldest two, one from Mr. Paddock's previous marriage, stayed with their father.

One child was injured so badly he was limping, Elisabeth Dresel, Johnston County assistant district attorney, said Monday. The children told deputies that their mother stashed PVC pipes throughout the home and often threatened them with the lengths, Sheriff Steve Bizzell said.

Johnston County Social Services workers went to the Paddocks' farmhouse on Grabtown Road on the outskirts of Smithfield in January 2005 to investigate child abuse allegations, said Andy Holland, the agency's attorney. He said the agency would release a summary of its dealings with the family this week.

On Monday morning, Mrs. Paddock stumbled into a crowded Johnston County Courthouse with leg shackles and a long brown braid skimming her back. She nodded answers to the judge's questions and didn't make eye contact with her husband. A judge set bail at $1 million and returned her to jail.

"She's devastated, too. This is a child she loved and adopted," said Michael Reece, a Smithfield lawyer appointed to represent her. "I don't think there's any evidence that she intentionally tried to kill the child."

The state medical examiner does not know exactly how Sean died. Bruises covered his skin when paramedics took his rigid body to Johnston Memorial Hospital on Sunday morning, Bizzell said.

No charges had been filed late Monday against Mr. Paddock. Bizzell said the investigation is continuing.

It took six weeks for the Paddocks to adopt Sean and his 8-year-old sister and 9-year-old brother last summer.

The children had been staying with Ford and his wife and their three children, then with a foster family while Ford and his wife saved for an adoption, Ford said.

Then, social workers told the Fords that a Johnston County couple wanted the children. "It all happened so quickly," Ford said.

Wake County Health and Human Services officials would not comment on the case Monday. They will release a summary of their involvement later this week, spokeswoman Jane Martin said. Sandy Cook, executive director of the Greensboro-based Children's Home Society of North Carolina, said Monday that the private nonprofit agency helped the Paddocks adopt Sean. The agency often links children in government foster care with prospective parents.

Johnny Paddock, who runs a carpet-cleaning business, and Lynn Paddock, a homemaker, were rearing Mr. Paddock's daughter from a previous marriage. In 1996, the Paddocks adopted a girl, now 19; a few years later, they adopted a boy, now 15. Sheriff's deputies say they have one other adopted child.

Mrs. Paddock home-schooled the children. But this school year, she filed for permission to home-school only the 15-year-old and 19-year-old, a state Department of Public Instruction official said.

At the Paddocks' 12-acre farm, pens of goats clutter the sandy yard. Monday morning, dogs bellowed from the blue house and scratched at the door.

Edward Murphy, a neighbor, said the Paddocks kept to themselves and seemed to stay busy with their church. He never saw the girls without ankle-length skirts or dresses.

Sean's biological family learned of his death on television Sunday night. The family lost touch with the children after the adoption; state law prevented them from knowing the adoptive parents.

Ford said he packed a family scrapbook among the children's belongings.

Now, the family hopes they'll be allowed to bury Sean. They'll make sure that Paddock, his adopted name, is nowhere on the tombstone.

(Staff writer Jennifer Brevorka and news researchers Brooke Cain, Denise Jones and Lamara Williams-Hackett contributed to this report.)

Staff writer Mandy Locke can be reached at 829-8927 or mandy.locke@newsobserver.com.
Li Siyi 3-year-old 

Child's death turns up heat on China's police - China police leave child to starve


HONG KONG - Now that SARS is yesterday's news, a new domestic issue is quickly garnering nationwide attention in China. The controversy surrounds the unnecessary death of Li Siyi, a three-year-old girl who was the daughter of a heroin-addicted mother in Chengdu, capital of southwestern China's Sichuan province. The issue has replaced severe acute respiratory syndrome as the hottest chatroom topic in the country, with the majority of opinion-holders extremely angry and disappointed - but not with the girl's mother.

The driving force behind public anger is the perception of Chinese police as abusers of authority who care little for the people they are supposed to protect. This perception had already been fueled by the March death of Sun Zhigang, a 27-year-old graphic designer at Guangzhou Daqi Garment Co in Wuhan, capital of central China's Hubei province. He was killed on March 20 after being detained three days before because of not carrying valid identification. Although his employer provided the relevant document within hours of his arrest, Sun was not released from detention by police and ended up getting beaten to death by his cellmates.

According to the Chengdu Shangbao newspaper last Sunday, the more recent of the two events took place in the Qingbaijiang district of Chengdu. On June 4, Li Guifang, a heroin-addicted mother of one, locked her three-year-old daughter at home and disappeared. It was not until the evening of June 21, when the woman's neighbor smelled an unpleasant odor and called police, that the incident was brought to light. When police officers broke through the door and entered the house, the toddler had starved to death in the apartment's bedroom.

Initially it seemed an open-and-shut case of a negligent parent. However, when Chengdu Shangbao reporters investigated the case further on Monday, the day after breaking the story, they discovered a new and disturbing element.

Li had left her daughter locked up at home on June 4 and went to Jintang county, 10 kilometers outside her residential district, where she aimed to steal anything she could that was of value in order to support her heroin habit. She was caught by police and sent to a rehabilitation center on theft and drug charges.

Upon her arrest, Li knelt and pleaded with police to allow her to return home to release her daughter to her relatives before being taken to the detention center. The police officers did not agree, nor did they take measures to verify her repeated claim that her toddler was home alone. They would not call the local police station on Li's street or notify any of her relatives (she has two sisters and one brother). Her daughter was therefore left at home, where she starved and died alone.

According to the Procedures for Compulsory Drug Addiction Rehabilitation issued by the State Council on 1995, drug takers must be rehabilitated. A compulsory rehabilitation decision shall be given to an addict before he/she joins any rehabilitation center. The law also stipulates that within three days after the decision being made, the addict's family, employer and local police station must be notified. However, these regulations were ignored by the police officers involved in this case.

The case has stirred widespread anger. A typical Internet posting said: "I'm also a mother. I believe that even if a mother is scourged by drugs, addiction aside, she is still a nice mother with a conscience. She knelt and begged for help to rescue her child after being arrested, which means that she's a qualified mother." Another person commented: "After reading the article, my heart was broken and tears ran down my cheeks. Public servants, what a joke. Where's their humanity? Are they humans? I'm so angry."

This incident followed the conclusion of the Sun Zhigang case. Amid public pressure, a total of 12 people were found guilty of beating Sun to death, receiving death penalties or terms of imprisonment ranging from three years to life. Another positive result from the case is that the central government has annulled the decades-old "Measures for Internment and Deportation of Urban Vagrants and Beggars" and promulgated new regulations on aid to the homeless and beggars.

Police officials in Chengdu have obviously drawn lessons from the Sun Zhigang case in Guangzhou when handling the Li issue. With one hand they quickly arrested those associated with Li Siyi's death and with the other blocked all follow-up reports by media.

According to the local government on Wednesday, investigations found that police stations in the outskirts of Jintang county and the United Village of Qingbaijiang District in Chengdu had made calls to families of Li Guifang but nobody answered the phone. Police officers therefore ignored her begging and didn't attach any importance to it. Officers from the two police stations that imposed compulsory rehabilitation on Li Guifang have been determined to be responsible for the death of little Li Siyi.

Chengdu police are refusing access to information regarding the case for all local media, but the reporter who broke the story for the Chengdu Shangbao has disseminated her story via the Internet on online bulletin boards such as bbs.people.com and forum.xinhuanet.com. While attempts have been made to suppress postings related to the story, the size and speed of the Internet and its huge popularity in China have rendered such efforts futile.

China police leave child to starve

Several Chinese police officers are reported to have been suspended or sacked after they left a three-year-old girl to starve to death at home following the arrest of her mother.
 
 How many more such incidences have not been exposed?

The woman, who was detained for theft, asked police officers to contact a relative to look after the child, but they failed to do so.

Media reports of the case, in the south-western city of Chengdu, have prompted public outrage.

The incident follows a similar outcry over the case of a man who was beaten to death while mistakenly detained by the authorities in the southern city of Guangzhou in March.

According to local media, two deputy directors of the Jintang county Chengjiao police station asked officers to contact the child's aunt, and when the officers failed to reach her, they in turn asked a police station in Tuanjie village, where the child lived, to help.

That station reportedly assigned the task to a police cadet, but the cadet also failed to get in touch with the aunt, and forgot to inform the police station.

Li Siyi, who was left alone for two weeks, died of hunger and dehydration.

No-one realised she was dead until neighbours smelled her decomposing body.

Chengdu's prosecutors have detained the two police station deputy directors, and put the director and another deputy director on mandatory leave, according to the China News Service (CNS).

The director of Tuanjie village has been sacked and the cadet expelled from his police academy, CNS said.

The BBC's Francis Markus says the girl's fate has added to a growing chorus of discussion in China's media and internet chat rooms about police misconduct.

"It's too terrible, but how many more such incidences have not been exposed?" one person wrote on the Sohu.com portal's chatroom, according to the French news agency AFP.

"Some things are even more frightening than Sars (Severe Acute Respiratory Syndrome)," another reportedly wrote.

Media role

Similar outrage followed the beating to death earlier this year of Sun Zhigang, a graduate who was detained in a holding centre for illegal migrants because he did not have the right papers on him.

This week the government published new rules covering the management and control of detention centres.

Analysts say the media are playing an increasing role in highlighting such abuses.

But our correspondent says the trend toward greater openness is also counter-balanced by regular sackings of journalists who are seen to be going too far, and the suppression of publications which venture into sensitive political territory.

Many of the comments in the internet chat rooms regarding Li Siyi's death were reportedly deleted a few hours after they were posted.

By Miao Ye

Reference Material: The CCP's "Show of Sympathy"

By Yu Jie

(Note: The reference materials reprinted from other sources were written by people who are not Falun Gong practitioners, and their views do not necessarily reflect those of Falun Gong practitioners)

The spokesperson for the Chinese Foreign Ministry, Kong Quan, talked recently about the Canadian and U.S. Power outages. Speaking for the Chinese Government, he expressed his concern and sympathy for the suffering the American and Canadian people had to endure. This action seems to indicate that China is connecting with the international community, becoming a sympathetic country with morality.

I do not know if the American and Canadian people will actually hear his message or how they will respond. However, as a Chinese citizen still living a life in China without freedom or respect, I feel Kong Quan's expression is a little fake. Our Party and government should be concerned about their own citizens' basic human rights and freedoms, including the right to live, because the American and Canadian people have their own governments to naturally take care of their problems.

Tragically, not too long ago, a little 3 year-old girl named Li Siyi died of starvation in her home in Chengdu City, Sichuan Province. Residents reported to police that a peculiar odor was coming from their neighbor's home. When police broke down the door, they found the decomposing body of the 3-year-old girl crumpled on the floor. There were scratch marks from her fingers on the door. A government official said she died of thirst or starvation.

The next day, the Chengdu Business Times ran a story on Li Siyi's death and asked for information about the girl's missing mother. A reporter at the paper soon found the answer. Siyi's 39-year-old mother, Li Guifang, had been in police custody since June 4th, and police had coldly refused her pleas to find care for her daughter, which inevitably led to this tragedy.

The local police station happens to be across the street from the home of Li Guifang's second older sister's, only about 100 meters away. Despite her begging on hands and knees, no one from the police station ever notified her sister until 17 days later when the child's body was found. Currently Li Guifang is still detained. These are the names she remembers of those she pleaded with for help, directly or indirectly: police on duty at the Chengjiao Substation, Jintang Station, Huang Xiaobing and Wang Hualin; Criminal Control Team Leader and vice director of Chengjiao Substation Wang Xin; Another Vice Director of Chengjiao Substation Lu Xiaohui; Police in Training at Mu Yu of the Tuanjiecun Substation, Qingbaijiang District Station. Every single evil deed will not be forgotten. Evil is not something abstract; evil is done by people.

Li Guifang worked at a local steel mill, but was laid off without any welfare pay. Three years ago, Li got pregnant. Her two sisters and brother tried to persuade her to have an abortion, but she wanted the child. Relatives and friends said it was unclear who the father was. Li lived off what she could gain as a shoplifter and on handouts from her older sister, Li Defang, and her 92-year-old father. When he died last year, Li's situation worsened. Li Guifang took to stealing milk, rice and noodles from supermarkets, eating her fill, and selling what was left on the street at half-price. To escape from the everyday misery of her urban existence, her relatives said that she began using heroin. Li had clashes with the law on several occasions, family members say. She was detained for shoplifting, and two years ago she was arrested in connection with heroin trafficking. She was sentenced to two years in jail but was freed because no one was willing to take responsibility for her daughter. This time, however, this inhumane tragedy occurred.

But when a reporter attempted to write the story, the city government banned the newspaper from publishing it. Police told the paper that the reporter was fabricating the details, and she was warned that if her story appeared in any other newspaper, she would be fired. The reporter had no choice but to post her article on the Internet. Journalists from several publications descended on Chengdu, and Li Siyi's story is now known throughout the country.

A Washington Post article said, "The death of Li Siyi is the latest in a series of incidents that highlight flaws in China's justice system." Another scholar on the web condemned with anger, "the whole story shows the coldhearted nature of our system. What kind of country is this? What kind of society?"

In my opinion, Kong Quan should not mention the power outage in Canada and the US, but should focus on incidents like Li Siyi that are happening in China right now. The death of Li Siyi was not an accidental death, but it was accidentally exposed. Similar incidents happen in China every day--incidents like Sun Zhigang, a college student detained and beaten to death a few months ago, which is also not an accidental thing. What we have seen is only is the tip of the iceberg, or a drop of blood in the bucket...

If an official does not sympathize with his own fellow countrymen, or a dead child, he is in no position to sympathize with a little inconvenience across the ocean! As the spokesperson of the Chinese Foreign Ministry, Kong Quan should express regret and sorrow for Li Siyi in the name of the Party and the government.

Faced with national shame for the Li Siyi incident, Kong Quan either outright denies, or pretends not to hear or show the least amount of sympathy. If one has no shame, how can one have sympathy? I want to further ask Mr. Kong Quan, why not sympathize with those who lost family members during the Tiananmen Massacre over ten years ago? Fourteen years have passed since that June 4th incident. Those who died have found no rest; their family members do not even have the right to openly speak about or mourn their lost loved ones. Police are still harassing the Tiananmen Mothers, represented by Ms. Ting Zilin, every day with threats, harassment, and prison terms. You killed their children, but do not allow them even to cry. How sympathetic this Party and government is! I would still like to ask, why Mr. Kong does not show sympathy towards the persecuted Christians and Falun Gong practitioners? Many of them never did anything to violate the law--all they did was to hold on to their pure faith, but they are tortured to death and their families are torn apart. What kind of unsympathetic Party and government not only tries to control people's bodies, but also control their minds?

The bottom line is that Kong Quan's sympathy is only a "show of sympathy." In fact, we do not blame him, because what kind of official can hold on to his dignity and basic kindness under such a dictatorship?


Published: Tuesday 9th September 2003

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