Former DCF Worker Faces Charges Of Falsifying Records

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ORLANDO, Fla. —A former Department of Children and Families employee has been arrested and accused of falsifying records.

According to DCF officials, Mable Peters, 45, was arrested on Oct. 30 based on an investigation in 2010. She is accused of falsifying records about visits to multiple children.
Officials said none of the falsified records resulted in injuries to children.
Investigators said Peters reported making a visit on a night of bad weather, and a supervisor followed up with the family involved and learned Peters was never there.
Peters admitted to authorities with the Florida Department of Law Enforcement that she lied. She was transferred to desk duty.
Peters resigned when she was told she would be fired.

Read more: http://www.wesh.com/news/central-florida/orange-county/former-dcf-worker-faces-charges-of-falsifying-records/-/12978032/23116232/-/cvhjyfz/-/index.html#ixzz2m30SVZCP

Petitioning Esther Jacobo For Full Investigation Into DCF Florida

Dear Esther Jacobo: 

Robin K. Jensen

Thank you for your time and consideration into this matter. I am sure after your review of this case, you will see a pattern of lies and manipulation on the part of Ms.Robin K. Jensen Lawyer for DCF in Sarasota Florida.

I also ask that you request the court tapes to listen first-hand how easily a Lawyer can manipulate their status to abuse citizens under the color of law. We are petitioning for a full investigating in this case.

Sincerely,

Randy Kluge

941-915-1046

DCF caught kidnapping

Should the state be able to take your kids, or does it have too much power?

Wednesday, November 20, 2013


(WXYZ) - All parents make mistakes, but in Michigan, one mistake could cost you your child. Critics say it’s happening all too often because we have one of the worst laws in the country when it comes to how and when the state can take your children.

 “It was an unbelievable nightmare! Far worse than the death of my first child,” said Claire Zimmerman. Zimmerman’s son was taken from her for only three days but it was a harrowing experience her family will never forget.
It started as a night out with dad at a Tiger’s game and ended with their 7-year old boy in foster care.

“I felt totally helpless, I felt desperate,” Zimmerman told Action News Investigator Heather Catallo.
Zimmerman won’t allow current pictures of Leo to be publicized but she and her husband, Christopher Ratte, want everyone to know what happened.

At the ball park Christopher bought Leo a lemonade but it turned out, the University of Michigan archeology professor accidentally bought Mike’s Hard Lemonade, which has alcohol in it.
“It was just a mistake,” said Zimmerman.

Now, the couple is suing the state for taking their son because of what appears by all accounts to have been an honest mistake.
So exactly how did little Leo end up in foster care? At the end of the ballgame, security alerted Detroit Police and from there Zimmerman says everything spiraled out of control.
According to the lawsuit, a Detroit Police officer turned the boy over to the State Department of Human Services and the next day DHS put Leo in foster care.

Test results that were taken even before getting to the hospital, showed no alcohol in Leo’s blood.
“It’s terrifying, it makes you understand what it’s like to live in a totalitarian regime or something, where you have to fear for your own safety and where the government doesn’t provide you protection, it actually threatens you,” said Zimmerman.
Michigan ACLU Legal Director, Michael J. Steinberg says Michigan law is unconstitutional because it allows a child to be taken from his parents without having to prove the child is in immediate danger.

“Courts across the country have said, if you’re going to take a kid without a hearing there has to be a finding or a showing that the child is in harm,” said Steinberg.
Steinberg and other lawyers say there’s another major flaw with the system: the state fails to place children with family even though Michigan law requires DHS to try to do that. In Leo’s case, Steinberg says DHS refused to release him to his aunts and even his own mom, who had nothing to do with what happened at the ballpark.

“What’s happening in Michigan is a pattern of kids being taken away from parents against whom no allegations are made, simply based on the other parent’s conduct,” said University of Michigan Law Professor Vivek Sankran. Sankran challenges DHS decisions in the court daily and he’s alarmed by what he calls the “guilt by association” problem. Sankran says both DHS and the courts are equally to blame for perfectly “fit” parents losing their children.
“We are one of two states in the country that have this type of doctrine. Most states have clear case law that unless you make allegations against a parent, that parent gets their kids back immediately,” said Sankran.

Sankran points to another troubling case. Bryson Stone’s mom abused drugs and willingly gave up the baby to his biological father, Milton Stone, right after Bryson was born.
“They said I would be able to take him home, and I was there at his birth,” said Stone.

Instead of allowing Milton to take his own son home, Wayne County DHS workers had Bryson put in foster care, even though Milton was never accused of abuse or neglect.
“These teddy bears represent all the foster kids I had with me,” said Stone pointing to a row of stuffed animals.

Milton is currently the foster parent to his cousin Antonio. This means Michigan DHS approved Milton to foster parent his cousin, but refuses to let him parent his own son.

“This is a clear violation of this father’s fundamental right to parent. It’s one of the most closely guarded rights we have under the U.S. Constitution, and its being completely trampled on,” said Stone’s attorney, Tracy Green. She says DHS should have never brought this case before a judge.

DHS officials tell Action News that “safety comes first,” so the child is often placed in foster care until it can be determined if the other parent is complicit in the danger.

Experts say a child’s time in foster care is often prolonged because DHS requires the parents who are not even accused of abuse or neglect to comply with something called a “service plan” or “service agreement.” It’s a list of requirements that can include psychological evaluations and parenting classes, which often conflict with parents work hours.

If you fail to follow the plan you may not get your kids back. DHS blames the courts for this even though they create the service plans the judges approve.

“If a parent decides not to work with the court, if they decide to disregard the court’s orders, then that case is going to move forward in all likelihood towards termination of parental rights,” said Steve Yager, Deputy Director of the DHS Children’s Services Administration.

“But why does a parent who’s not accused of abuse have to follow one of your service plans? They’re not accused of the abuse! Why should they have to jump through your hoops? It’s their child,” asked Catallo.

“Again, the court has jurisdiction over the entire family,” said Yager.

DHS officials insist their workers have no greater authority in the courtroom than the parents’ lawyers or the child’s representatives. But many legal experts tell Action News, in many cases, the state and the court have no business stepping in, in the first place.
“We cannot take for granted the idea that the state is going to protect our rights. It’s not true,” said Claire Zimmerman.

DHS officials say they cannot comment on specific cases but they insist the safety of children is their number one priority.
The case against Leo Ratte’s father was quickly dismissed and Leo’s family is working hard to change the child seizure law. They want a requirement that the state will have to show that a child is in immediate danger of serious harm before he or she can be taken from a parent.

They’re hoping to call it Leo’s Law. If you would like more information about Leo’s Law we have posted a copy of the proposed legislation below.

Read more: http://www.wxyz.com/dpp/news/local_news/investigations/state-taking-your-kids#ixzz2lF9CmfoF
 

Father Shot And Killed As Police Try To Take Child

William Reddie, a 32-year-old single father from Michigan, was shot and killed as local Child Protective Services (CPS) officials and police officers attempted to remove his 3-year-old son from the home.
An anonymous tipster claiming that Reddie had marijuana in the home set off a string of incidents which turned a happy toddler into an orphan – and led a local newspaper to conduct its own investigation and issue its own report.
A police officer who followed up on the tip stated he smelled marijuana at William Reddie’s home. Possession of marijuana is a misdemeanor, unless law enforcement officers find large amounts or an intent to sell. Michigan Child Protective Services staffers did not have any indication of any type of child abuse or neglect inside the home and felt the drug possession was justification enough to remove the toddler.
Reddie’s action when Michigan police officers attempted to remove the child surely played a role in his death, but the entire incident could have been avoided if CPS and the investigators had not overreacted to possible marijuana smoking, Reddie’s family and friends say.
City of Grayling police officer Alan Somero went to Reddie’s home for an alleged domestic disturbance earlier the day of the shooting, but did not make any arrests. Reddie allegedly became “agitated” when accused of smoking pot in front of his son. He was reportedly on the phone in a heated conversation with a woman when the police and CPS workers arrived. The man fighting for custody of his child understandably did not agree with what was being done.
The social services workers asked for a police escort during the removal.

An excerpt from the court order allowing the removal of the child reads:
“There are reasonable grounds for this court to remove the child(ren) from the parent… because conditions or surroundings of the child(ren), and is contrary to the welfare of the child(ren) to remain in the home because: It is alleged that the father used marijuana in the home in the presence of the child. In addition, there is concern for the safety of the child due to a domestic disturbance and threats made toward law enforcement by the father.”
When the Michigan Child Protective Services workers and law enforcement officers tried to remove the child, Reddie reportedly displayed his 4-inch pocketknife and lunged at the group. The officers had been holding their Taser guns during the altercation, but ultimately holstered their non-lethal weapons and grabbed their firearms. Crawford County Deputy John Klepadlo shot and killed Reddie during the incident.
Crawford County Sheriff Kirk Wakefield called for a Michigan State Police investigation into the use of deadly force by the deputy. Despite a state police investigator’s desire to charge Deputy Klepado, the prosecuting attorney decided that the shooting was justified, according to Reason Magazine.
County prosecutor Mark Jernigan had this to say about the use of deadly force ruling:
“The deceased was in possession of an edged weapon. The deceased pulled a knife and hid it behind his back. At the point where he pulls his hand forward and lunges at the officer, he is in such close proximity, and presents a clear danger of deadly force, the officer is left with no option other than to use deadly force to protect himself, the other officer and the three civilians that were present. The use of deadly force is completely justified and therefore, the homicide was justified.”
But friends and family say CPS and state official should not have been at the home in the first place: Toxicology reports found no alcohol or marijuana in his system.
“Where was protect and serve?” his mom, Michelle VanBuren said to a local newspaper. “The officers always have to stick together and for them to do this is just totally uncalled for. …They took the only thing he ever loved.”
http://brainsyntax.com/Home/MessageDetail/1129

DCF-The Frightening Reality Of The Florida State Mob Punishing Parents And Pulling Favors

Posted on November 16, 2013 by imaconstitutionalist

I’ve never seen DCF move so quickly….and without probable cause. This case was a terrifying jolt of reality.

This week, a family was ambushed by the Florida Dept. Of Children and Families (DCF). The DCF mafia, under investigation and responsible for several deaths due to unqualified and un-credentialed so-called social workers and investigators from mostly third-world countries who have been charged with protecting abused and neglected children in the state of Florida, moved swiftly in their attempts to usurp two children from a couple grieving over the recent suicide death of their teenage son.
In dependency court in Palm Beach County this week, the Child Protective Investigator blatantly lied in her Petition for Shelter, citing that the children of the Palm Beach County family were in imminent danger, citing physical abuse and neglect. The misquotes and material misrepresentations in the Petition were so blatant, that the DCF attorney didn’t even bother putting the investigator on the stand. Without a private attorney present, those parents would have been thrust into a system operated by this mafia that was not only eager to cash in on their living children, but also on their dead son. But why…?
Also disturbing was the jurisdictional issue. Though the family resided in Palm Beach County, it was an investigator from Broward County and a BSO Deputy, that initially contacted the parents just 4 days after the death of their son. DCF cited “a conflict” which was later learned to be that a family member of the natural father, who had been paying child support and, though he had very little (if any) relationship with the children, also stood to capitalize on the estate of the deceased child. The father’s immediate relative is an “award-winning” Supervisor at DCF. Evidently, even DCF isn’t immune from calling in the occasional favor. It is known that this DCF Supervisor and her family made the allegations against the mother, who had been engaged in a custody battle for years, and the step-father, who had been a daily and active participant in the lives of the children, picking up where the natural father had dropped off. Ironically, the natural father, though present, was neither a witness nor a party to the case.
The investigator never entered the home where the alleged abuse took place (which was clean, full of food, and had zero history of domestics or abuse). In fact, they never even went to the home. They coerced the older remaining son to write an email to the investigator…though even his email stated clearly that there had never been any physical abuse. The intake report cited bruising on the now deceased child, but there was never any abuse in the home, and the boy played contact sports. The accusations were false, misleading, and a disgusting attempt at DCF to pull favors and punish a family that was already grieving for the obvious sake of estate standing and child support adjustments.
The parents and their counsel were given less than 24 hours to prepare for the hearing. This isn’t uncommon, though it’s also interesting given the fact that the investigator never entered the home and there had been no police or school reports citing abuse, domestics or any type of violence or even harsh corporal punishment ever. DCF rarely moves quickly in cases of serious abuse, so this move by them was preposterous.
The courtroom was filled with witnesses in favor of the mother and step-father, and when DCF’s fumbling attorney began questioning the son, she essentially threatened him with perjury, trying to prove that there was any purpose at all for DCF to have even removed the children in the first place. Her leading questions were compounded, and she was clearly frustrated. The private counsel was repeatedly interrupted by the presiding judge, who, in his defense, has to spend every day with the DCF lawyers. He walks a tightrope with trying to protect children and families, while protecting same from the Department of Children and Families.
Without an ounce of evidence to statutorily substantiate the removal of the children, and without an iota of case law or factual standing to consider the children in imminent danger, show that the least restrictive means test had been met, or further prove that even notice of hearing had been served except via phone by an investigator that refused to disclose the location of the hearing in the first place, the judge had no choice but to dismiss the Petition against the already grieving parents.
One thing is certain: without the parents having private counsel, they would have been living more of an already massive nightmare. They already lost one child, and now because DCF’s Star-Supervisor was an accomplice in an obvious custody and estate matter that didn’t involve abuse, they would have lost their other children.
The fear-mongering Palm Beach County DCF staff (all colleagues of that Supervisor who called in her mafioso favor) were unapologetic and upset at the outcome. In fact, their manager was overheard saying, “This is ridiculous.” Yes, ma’am, this was. This was a disgusting overreach of your department’s power and a gross example of your desire to intimidate and harass a grieving family as a favor to your colleague.
The reality is, DCF (no matter how lousy their lawyers) rarely loses to unsuspecting parents-yet rarely protect the children that ARE abused (see Miami Herald articles on DCF). Don’t EVER attempt to fight allegations alone. Hire an attorney….you can’t put a price on your Constitutional right and liberty to parent.
imaconstitutionalist

http://imaconstitutionalist.com/2013/11/16/dcf-the-frightening-reality-of-the-florida-state-mob-punishing-parents-and-pulling-favors/

DSS Supervisor, ER Nurse Charged In Abuse Of Boy, 11

MONROE, N.C. -- A Union County couple remained in jail Saturday night under more than a million dollars combined bond, charged with child abuse after a deputy found their 11-year-old foster child handcuffed to the porch with a dead chicken tied around his neck.

Dorian Lee Harper, 57, an emergency room nurse at CMC-Union in Monroe, and Wanda Sue Larson, 57, a Union County DSS supervisor, are charged with intentional child abuse inflicting serious injury, false imprisonment, and animal cruelty, because of the conditions of animals found at the home.
Larson faces an additional charge of failure to discharge her duty as a public official, based on her job as a DSS supervisor. She wasn't home when the deputy found the boy, but was "complicit" in mistreatment of the children, according to a sheriff's statement.
The couple has four other adopted children.
Friday morning, an animal control deputy responding to a complaint about a loose pig found the boy at the home at 4116 Austin Road, south of Monroe, on Friday.
The sheriff's office said the deputy found the 11-year-old boy handcuffed to the porch rail by his ankle. A chicken, whose feet had been tied together with string, hung around his neck. The boy appeared to be shivering, according to the sheriff’s office.
Moments later, a man came out from the house and questioned the officer about why he was there, according to a statement from the sheriff’s office. The deputy asked for an explanation and for the man’s identification. As the man pulled out a driver’s license, another child opened the front door, letting out several large dogs. The animals chased the deputy back to his patrol car off the property, said the statement.
In the time it took to secure the dogs, the sheriff’s office says the man freed the boy from the ankle cuff and took off the chicken.
Backup officers responded and searched the house. Police removed five children, ages 14, 13, 11, 9 and 8, from the home, and began a criminal investigation. They took Harper into custody at the scene.  The children are in the custody of Social Services in another county.
Carolina's Healthcare System confirmed Saturday that Harper is an RN in the CMC Union emergency room. He has been placed on administrative leave.
Officers booked both suspects into the Union County Jail. Harper is being held under a $500,000 secured bond. Larson’s bond is set at $525,000.
Union County Sheriff Eddie Cathey called the incident shocking.
“I can assure you that we have only just begun our investigation into what has happened, and we will pursue it to its fullest extent,” he said.
Saturday afternoon, neighbors reacted to the arrests.
“That's some sick people,” said Harry Wallace, who lives across the street. “Sick and ungodly bunch.”
Gene Wallace, who lives at the same house, was shocked to hear his neighbor was a DSS supervisor charged with such a serious crime.
“It was beyond surprise,” he said. “Makes you wonder what our county officials do in their spare time.”
He wonders why no one checked in on the children – even if their adoptive mother is a DSS supervisor.
“Anyone who takes children should be supervised,” he said.  “I don't care who it is.”
Gene Wallace said the family was reclusive, living at the end of a long gravel driveway with a variety of animals.
“Pigs, donkeys, llamas.. the whole gamut,” he said.  “If we complain about their animals being on our property they get mad or they won't come to the door when you go over there.”
Harper and Larson face a court date on Monday.

http://www.wcnc.com/news/crime/Police-Boy-found-handcuffed-to-house-with-dead-chicken-around-neck-232149571.html

Broomfield man accused of prostituting teenage runaway on Craigslist

By Ryan Parker and Kieran Nicholson
The Denver Post

Posted:   11/07/2013 10:12:57 PM MST | Updated:   about 11 hours ago

Robert Felix Gonzales of Broomfield faces multiple charges.

A Broomfield man is accused of prostituting a teenage runaway for nearly two years, pimping her out on Craigslist in exchange for methamphetamine and cash, until she jumped from his moving car and escaped.
Robert Felix Gonzales, 39, is charged with multiple violent and sex crimes involving a child, whom police say he pimped out to at least 30 strangers at various motels, according to an affidavit released Thursday by the Jefferson County District Attorney's Office.
During those two years, Arvada police made an "exceptional effort" to get the runaway teen out of her situation, which began when she was 14, police spokeswoman Jill McGranahan said. But the girl would always return to her alleged pimp.
Gonzales, who police say at one point hid the teen from authorities behind a secret wall in his home, was arrested on Halloween.
His victim is now under new foster care.
The girl told police that what began as a friendship turned into a recurring situation where she was forced to have sex and often beaten.
The teen originally met Gonzales through her foster family. A habitual runaway, the girl told police she fell in love with Gonzales and believed he had the same feelings, but the situation spiraled out of control, according to the affidavit.
Gonzales allegedly gave the teenager drugs and alcohol, and had sex with her, starting in October 2011. Soon after, the teen told police, Gonzales would make her have sex with his friends. He eventually began pimping her out through Craigslist postings, which often mentioned "Tina," a code word for meth, according to the affidavit.
The teen was reported missing multiple times in 2012. Tips would lead authorities to Gonzales' home in the 10500 block of West 101st Avenue, but police could not find the runaway there because she was hidden behind a "false wall in the basement," according to the affidavit.
Gonzales allegedly beat the girl at times, possibly even breaking his hand hitting her in the face with such force, according to the affidavit. Although the girl would accompany Gonzales to the hospital when he was hurt, sometimes from beating her, she was never treated even though she told police she had visible injuries, according to the affidavit.
The girl was finally located in her hiding place in Gonzales' home on July 25, 2012. At that time, however, the girl did not cooperate with police or tell them of their sexual relationship. She was placed in a group home, but she soon ran away. Gonzales was arrested for that incident but continued the relationship while awaiting trial.
On May 20, he pleaded guilty to harboring a minor. On July 24, Gonzales was sentenced to three years' probation with a suspended jail sentence.
The teen told police she had finally had enough of being used and left Gonzales by jumping out of his speeding car on July 22, according to the affidavit.
The girl, who police noted had sores on her face related to meth use, finally confided in authorities about her life with Gonzales during interviews in September.
Gonzales has a criminal history dating to 1992, which includes several drug, assault and harassment charges, plus restraining- order violations.
Gonzales is being held at the Jefferson County Jail on a $500,000 bond. A preliminary hearing is scheduled for Dec. 5.
Ryan Parker: 303-954-2409, rparker@denverpost.com or twitter.com/ryanparkerdp

Read more: Broomfield man accused of prostituting teenage runaway on Craigslist - The Denver Post http://www.denverpost.com/breakingnews/ci_24480049/broomfield-man-accused-prostituting-teenage-craigslist#ixzz2k49DLove
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Quest for Baby Veronica attorneys fees sends ominous message, Cherokee official says

MICHAEL OVERALL World Staff Writer | Updated 18 hours ago
Trying to collect legal fees from the Cherokee Nation in the Baby Veronica case, adoption attorneys are sending a message to other tribes, too, an official said Wednesday.

“It seems to be a warning to fathers and to tribes,” said Chrissi Nimmo, an assistant attorney general for the Cherokees. “ ‘Don’t fight for your children, or we will ruin you financially.’ ”

Eight weeks after taking custody of Veronica, Matt and Melanie Capobianco have filed an action in Oklahoma to collect more than $1 million in attorneys fees and other costs.

The moved shocked Cherokee officials, said Nimmo, who led the tribe’s effort to keep Veronica with her Cherokee family.

The Cherokees would presumably have to pay the bulk of any judgment, since Veronica’s biological father wouldn’t have the cash.

Dusten Brown handed the girl over Sept. 23 at the tribe’s headquarters in Tahlequah and later announced that he was dropping all legal appeals to get her back, ending the custody battle.

“We’re extremely disappointed,” Nimmo said. “We believed all parties when they said they would make an effort to move on and heal.”

The Cherokee Nation will argue that tribal sovereignty will give it immunity from the demand for attorneys fees, Nimmo said.

Winning an epic court battle that dragged on for nearly four years and stretched across two states, the Capobiancos took Veronica back to South Carolina, where they raised her for the first two years of her life.

But to get custody away from Veronica’s biological father, the couple spent two months in Oklahoma, taking their case to six different court rooms in five different counties, including the state Supreme Court.

“Attorneys are entitled to get their fees and expenses associated with successfully enforcing a custody order,” said Lori Alvino McGill, a Washington, DC., attorney who represents the adoptive parents.

“So the Capobiancos’ attorneys can seek their fees/expenses associated with having to chase Brown around to enforce the South Carolina orders.”

The Brown family has not commented on the recent developments.

http://m.tulsaworld.com/news/quest-for-baby-veronica-attorneys-fees-sends-ominous-message-cherokee/article_abae5a80-4735-11e3-b755-0019bb30f31a.html?mode=jqm

DCS Will No Longer Remove Kids From Homes Without A Hearing

Late on a warm August evening in 2008, Robert Andrews was standing in his yard when three caseworkers with the Department of Children’s Services and two Hickman County deputies drove up, got out of their cars and asked to go inside.
Andrews said no, but the caseworkers and one of the deputies went in anyway, searched the home and took each of his four children aside for interviews. Then the officials left. Neither Andrews nor his wife, Patti, was ever accused of a crime in connection with the visit.

Doug Dimond, the Department of Children's Services' chief legal counsel, said he believes caseworkers can no longer remove a child from a home without a formal court hearing unless the situation meets a narrow definition of 'exigent circumstances' — defined as an immediate, identifiable risk of harm that is 'serious, immediate, physical or specific.' / George Walker IV / File / The Tennessean

The events of that night led to a lawsuit, one of two similar legal challenges filed by families against caseworkers. Both challenges were taken up by a federal appeals court. And in a pair of recent rulings, the U.S. Court of Appeals for the Sixth Circuit used the cases to spell out for the first time that caseworkers, like police, are governed by the U.S. Constitution’s Fourth Amendment, which protects citizens against searches and seizures done without a warrant.
DCS response to the July 31 ruling, however, is drawing criticism from child advocates and juvenile judges.
The agency told caseworkers this month that they can no longer remove children from homes without an in-person court hearing, a process that can take days — or longer in some rural areas — and potentially leave a child being abused or neglected in dangerous homes until a judge can review the case.
Before the federal ruling, caseworkers and their supervisors could decide on their own to remove a child from a home, but had to petition a court within 72 hours for a hearing to review their actions — a policy that the Sixth Circuit decision made clear is unconstitutional.
Juvenile court officials and attorneys say there is a middle ground between DCS’ previous policy giving the agency sole authority to remove a child on the spot and its new policy to wait until a judge can decide.
Juvenile judges are willing to issue temporary, emergency orders known as “ex parte orders” — even over the phone or by email — to caseworkers who attest to a child being in danger, said Davidson County Juvenile Court Judge Sophia Crawford. Juvenile judges across the state provided DCS officials personal cellphone numbers and designated on-call staff members during overnight hours to issue the orders shortly after the federal court rulings, Crawford said.
It’s an offer that DCS officials declined, she said.
“Myself and magistrates are available on a 24-hour basis to address any problems or questions that arise as the department works to protect children,” Crawford said. “We’ve gone over and above by reminding them (DCS) we are available on a 24-hour basis for any issue that requires a court order of protection of children. As a juvenile court judge, I feel comfortable that we can do what we need to, but I don’t have any control over the policies and procedures of the department.”
Doug Dimond, the department’s chief legal counsel, said he believes caseworkers can no longer remove a child from a home without a formal court hearing unless the situation meets a narrow definition of “exigent circumstances” — defined as an immediate, identifiable risk of harm that is “serious, immediate, physical or specific.” The definition could exclude a child’s disclosure of sexual or physical abuse, even if there are injuries visible on a child.
DCS could change its policy, Dimond noted. It is still deciding on its final policy, which won’t take place until the end of the year, he said.

DCS is being 'overly cautious'

Rob Huddleston, an attorney who is often appointed as guardian ad litem to represent the interests of children, said the new rules are already affecting the safety of children.
Last week, Huddleston said, DCS didn’t intervene to prevent a days-old baby born addicted to drugs in Sevier County from being sent home with the mother. Previously, caseworkers would have taken immediate custody of the child, he said. In this case, Huddleston had already been appointed to represent the child because of a legal dispute between the parents, and he was able to get an emergency order from a local judge without DCS intervention. The emergency order will last for only a few days, until the family, DCS and Huddleston can bring the case for a full hearing.
“I think they are being overly cautious,” Huddleston said. “I do not agree with how they are reading the Sixth Circuit opinion. I think they are trying to protect caseworkers from liability instead of protecting children. My sense is this policy is going to be short-lived until something tragic happens.”

Other states use emergency orders

No other state subject to the Sixth Circuit ruling has gone as far as DCS to limit caseworkers’ abilities to remove children. The federal court has jurisdiction over Tennessee, Michigan, Ohio and Kentucky.
In Michigan, judges have set up a system in which someone is available 24 hours per day to issue emergency orders over the phone while awaiting a formal hearing to consider testimony from parents and child protective workers, according to Michigan Department of Human Services spokesman David Akerly.
In Kentucky, caseworkers are likewise instructed to seek such temporary orders while awaiting a hearing, according to the Kentucky Cabinet for Children and Family Services policy guide.
And in Ohio, the site of the second lawsuit used by federal judges to establish that parents have constitutional rights in the removal of their children, caseworkers can seek an emergency, temporary written order from a judge over the phone or via email. Caseworkers would then be required to appear at an in-person hearing in court on the next business day, in which parents also can present their side to the judge, according to Joe Frolik, spokesman for the Cuyahoga County prosecutor.

A 'neutral arbiter'

The Ohio case occurred six years before DCS caseworkers showed up at the Andrews family’s door in Hickman County. A police officer in a small, northern Ohio town kicked down Nancy Kovacic’s door, and caseworkers placed her two school-age children in foster care, where they would remain for 10 months. Kovacic did not face any criminal charges in the case.
“Caseworkers can’t just make a judgment call and say, ‘Well, I don’t like this, and with the power of the state, I’m taking these children,’ ” said Jay Crook, Kovacic’s attorney. He said the now-grown children in the case suffered abuse in foster care and had to undergo years of therapy for the trauma of being removed from their mother. “Without that neutral arbiter, that magistrate, that judge — even over the phone — you have lost all your due process safeguards.”

Contact Anita Wadhwani at 615-259-8092 or awadhwani@tennessean.com.

http://www.tennessean.com/article/20131031/NEWS21/310310049/DCS-will-no-longer-remove-kids-from-homes-without-hearing