FEDERAL APPELS COURT FINDS DCFS TACTIC UNCONSTITUTIONAL

City: Sacramento, CA

As families gather for the holidays, a recent ruling from the Ninth Circuit Court of Appeals offers hope to hundreds of thousands of parents haunted by the nightmare of unproven child abuse allegations.

For years, attorneys with Pacific Justice Institute have warned parents that, once CPS decides to investigate them for child abuse - sometimes based on anonymous tips from neighbors or vindictive ex-spouses - their names can end up on California's Child Abuse Central Index (CACI). Parents are listed on the CACI even when CPS eventually deems the charges "inconclusive" and closes its files. The CACI listing shows up on background checks for years to come and prevents parents from obtaining jobs or state licenses.

In Humphries v. County of Los Angeles, the Ninth Circuit Court of Appeals sharply criticized the ease with which people are listed on the CACI and the obstacles which prevent their names from being removed. The court was also troubled by a study indicating that as many as half of the more than 800,000 individuals listed on the CACI "may have a legitimate basis for expungement." Calling the list "the reverse of the presumption of innocence in our criminal justice system," the court ordered the state to enact greater procedural safeguards.

PJI President Brad Dacus commented, "It is gratifying that the Ninth Circuit has acknowledged what we have been saying for years-that treating parents as criminals when they are never convicted of a crime is unjust. We call on the legislature to finally fix this broken system in a way that honors basic constitutional rights."

Karen Milam, who directs PJI's Southern California office, stated, "Every year, PJI is inundated with hundreds of calls from desperate parents who do not understand how they could be labeled as child abusers based solely on unproven suspicions. This ruling is an important step toward keeping CPS honest."

L.A. COUNTY DCFS OFICIAL FALSIFIED DEATH REPORTYS, TWO STAFFERS CLAIM!!!

The senior managers say they faced a hostile work environment after reporting the alleged wrongdoing to the department's director. County supervisors act to remove child-death investigator.

By Garrett Therolf, LATimes, September 9, 2010  

  

Los Angeles County's child welfare system, already under fire for failing to report dozens of child deaths tied to abuse or neglect, is facing allegations that an official intentionally falsified fatality reports.

   The existence of the civil allegations, filed in June by two senior managers and revealed this week after a public records request by The Times, comes to light as the Board of Supervisors acted to remove the county's independent child-death investigator, according to three sources familiar with the decision.

The existence of the civil allegations, filed in June by two senior managers and revealed this week after a public records request by The Times, comes to light as the Board of Supervisors acted to remove the county's independent child-death investigator, according to three sources familiar with the decision.   It was unclear who would replace Rosemarie Belda, who was appointed last year to the position after it had been vacant since 2006. The job, which reports directly to the supervisors, involves the politically sensitive task of reviewing child fatality cases in search of ways the county's case management errors might have contributed to the deaths.   

 The claim that some child fatality reports had been intentionally misleading was made by Cassandra Turner, a Department of Children and Family Services senior manager who said her superior "purposefully falsified at least three child fatality reports."   "These falsifications, which occurred in spite of my fervent protest, are clearly contrary to department policy," Turner wrote in a civil claim that seeks unspecified damages.    

Turner served as an administrator in the department's child fatality section at the time of the alleged falsifications. Her claim does not contain specifics about those cases. She also says in the claim that she reported the wrongdoing directly to department Director Trish Ploehn in April 2008.   

After her meeting with Ploehn, Turner said, the department failed to properly investigate the allegations and retaliated by assigning her to less-desirable duties. 
She listed Darlene McDade-White, the department's chief internal affairs investigator, as a witness to the alleged wrongdoing. McDade filed a claim jointly with Turner saying she too faced a hostile work environment and, like Turner, was subject to racial discrimination because the two women are African American.   Melvin Neal, Turner's and McDade-White's attorney, declined to offer further detail. If the county denies their claim, the two women will be free to pursue a lawsuit in court.  Asked about the allegations Wednesday, Ploehn issued a written statement: "These are serious claims and they are being taken seriously.  These claims are under investigation by the department, and our policy is not to comment on ongoing investigations." 

    
The allegations about falsifications were made more than two months before last week's revelations that the department had failed to comply with state disclosure laws. Those findings were contained in a report by Michael Gennaco, chief attorney for the county's Office of Independent Review, who found that in many cases department officials referenced deaths from abuse or neglect in confidential court filings but then left those cases off the child-death lists for public release.     

The lack of disclosure hid dozens of cases from public view, giving the false impression that far fewer children were dying of maltreatment under the department's watch. County officials have yet to establish a complete tally of improperly undisclosed records.     

The move to end the tenure of Belda, who had recommended at least 25 reform measures for Children and Family Services and the Department of Mental Health in her role as child-death investigator, was made behind closed doors at Tuesday's board meeting, according to the sources familiar with the situation.     

The previous child-death investigator was quietly dismissed in 2006 after investigating just two cases.      On Wednesday, all five supervisors — Michael D. Antonovich, Don Knabe, Gloria Molina, Mark Ridley-Thomas and Zev Yaroslavsky — refused to comment on Belda or the future of the position. A source familiar with the discussion said Yaroslavsky was the only person to speak in defense of Belda.     

garrett.therolf@latimes.com