Trial begins for DCFS, sued for wrongful removal of child
Lawsuit caps seven-year legal battle that helped foster changes in law
By Kirsten Stewart
The Salt Lake Tribune
Article Last Updated: 06/26/2007 02:41:56 AM MDT
http://www.sltrib.com/news/ci_6230293
Was the wrongful removal of a 12-year-old Davis County boy from his home
the honest mistake of dedicated and well-intentioned Utah child-welfare
workers or a reckless and capricious act?
Arguments for both were heard by a 2nd District Court jury Monday,
the start of a six-day trial in which a Utah couple is suing Utah's
Division of Child and Family Services for missteps made in the May 28,
1999, removal of their son.
The lawsuit caps a seven-year legal battle that helped drive
changes to Utah law aimed at safeguarding parents' rights.
Connie and James Roska are suing caseworker Shirley Morrison and
her two supervisors, Colleen Lasater and Melinda Sneddon, seeking
unspecified damages for pain and suffering. A neuropsychologist who
recently examined the family said Rusty Roska, now 21, and his parents
display symptoms of post-traumatic stress disorder.
Connie Roska said the money would help pay mounting legal bills,
but her main desire is to prevent other families from going through the
"same turmoil."
Last year, a federal appeals court ruled caseworkers violated Utah
law - and could be held personally liable - by taking the
then-12-year-old Rusty into protective care without first offering
services to his parents.
Social workers and school officials believed Rusty was a victim of
Munchausen's syndrome by proxy, a condition in which the parent
acts as if a child is ill, or even causes the child's illness to get
attention from doctors. The boy had lost 70 pounds in a year, was in a
wheelchair and had been fed through a tube. School officials expressed
concern that he might die if the state did not intervene.
The Roskas said their son suffers from chronic pain syndrome caused
by problems with his gallbladder and kidneys. But doctors interviewed by
caseworkers could not diagnose the boy's ailment.
On the day of the removal, however, Rusty's primary care provider,
Judith Gooch, corroborated the Roskas' story by phone and further warned
that taking the boy would "destroy his family emotionally and Rusty may
never recover."
Nevertheless, workers took custody of Rusty. He was returned to his
family after seven days spent at a foster home.
"Mistakes were made," acknowledged Assistant Attorney General John
P. Soltis in Monday's opening remarks. "But at issue is whether Rusty's
removal was done with malice."
Soltis portrayed child-welfare workers as dedicated professionals
working a tough case.
The caseworker, Morrison, is a Utah native with a master's level
education; the Roska investigation was her first to involve the
potential removal of a child, said Soltis. Morrison has since quit her
child-welfare post and now works in child care and teaches at Weber
State University, he said.
Soltis questioned the Roskas' credibility, saying evidence will
show they are suing for financial gain and that both were diagnosed with
mental illnesses prior to displaying signs of post-traumatic stress
disorder.
Connie Roska's "own witness admits she exaggerates," said Soltis.
Roskas' lawyer, Steven Russell, contends the family's troubles stem
from their son's removal, a loss of faith and feelings of helplessness.
During the removal, one caseworker yelled at the Roskas'
then-14-year-old daughter, telling her to "shut the hell up and get
out," said Russell.
Ignoring Gooch's warnings, caseworkers sent Rusty to a foster home
hoping to build a case based on his improved health. While there, they
reduced his pain medications and turned off his food pump, causing his
condition to worsen, said Russell.
The case is no longer about Rusty, said Russell. "It's about
circling the wagons and making sure they don't get sued."
CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NATIONAL
SECURITY AGENCY/CENTRAL INTELLIGENCE AGENCY WIRETAPPING PROGRAM....
CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.
every parent should read this .pdf from
connecticut dcf watch...
http://www.connecticutdcfwatch.com/8x11.pdf
http://www.connecticutdcfwatch.com
Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS
*Perpetrators of Maltreatment*
Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5
Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.
BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
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