See all Judge Judith Hayes posts.
Judge rebukes child welfare agency for withholding data on deaths
The Department of Social Services subverted a law giving access to information on youngsters who died while under its supervision, court says.
By Garrett Therolf
Los Angeles Times
January 3, 2013
A San Diego judge has struck down state child welfare regulations that significantly limited public access to information about minors who die from abuse and neglect.
In a stern rebuke, San Diego County Superior Court Judge Judith F. Hayes said the restrictions were "inconsistent and in conflict" with a law meant to greatly expand disclosures.
The Dec. 28 decision came in a lawsuit against the California Department of Social Services and its director, Will Lightbourne. An agency spokesman said Thursday that Lightbourne has not decided if he will appeal the ruling.
When the Legislature passed that law in 2008, members said they hoped policymakers and the public would use the resulting information to better identify flaws in the states' child welfare system that contribute to fatalities. Indeed, the limited information that has since emerged led to improvements in social worker training and information systems.
But Hayes said the regulations subverted the law's intent by limiting disclosure to cases in which officials determined that children died directly at the hands of their natural parents, guardians or foster parents.
The regulations, introduced by former social services Director John Wagner and firmly upheld by Lightbourne despite objections from child advocates, had the effect of excluding deaths at the hands of other people, including extended relatives and parents' boyfriends or girlfriends.
The regulations also caused the exclusion of cases in which abuse was not the sole factor directly causing the death, including suicides involving children who said they were taking the action to end the abuse of their parents.
Furthermore, the regulations prevented child welfare agencies from releasing case files if there was an objection from the district attorney, but the judge noted that this restriction was also not specified in the law.
Hayes' Dec. 28 ruling called the regulation arbitrary and capricious, and said "the restrictions lead to underreporting or inconsistencies in the reporting of child abuse cases involving fatalities."
Los Angeles County and other jurisdictions have struggled to interpret the regulations. As a result, local officials have implemented the law inconsistently, making comparisons of fatality numbers from one year to the next less meaningful.
Steve Keane, an attorney who joined with the Children's Advocacy Institute at the University of San Diego Law School to argue the case, said the judge's ruling should clear up disclosure standards.
If authorities determine abuse or neglect at the time of a child's death, the details will be made public, he said. Los Angeles County's child welfare chief, Philip Browning, said he welcomed such a standard even though it would mean social workers will be required to acknowledge more deaths of children who had been under the department's watch.
"I'm a firm believer in having the regulations be very clear," Browning said Thursday. Browning said he hoped to spend less time in high-level deliberations discussing whether a case should be disclosed publicly and more time improving systems to prevent future deaths.
"We're going to make mistakes and we are going to just have to own up to them," Browning said. "I know there are going to be situations where we have not done as good a job as we should have...and hopefully we'll use this information to change that."
Lightbourne's nearly two-year tenure in the state post has previously attracted controversy.
After he was appointed by Gov. Jerry Brown in 2011, reporters learned that Lightbourne had been hired under an unusual arrangement designed to skirt a state law that established a lower wage for his job. Lightbourne continued to be paid by Santa Clara County, where he previously served as child welfare chief, and the state reimbursed the county for the full amount. Months later, however, the contract was canceled and he became a state employee subject to the salary cap.
Before taking the state post, Lightbourne had applied to lead Los Angeles County's Department of Children and Family Services. But some officials cooled on his candidacy when he disclosed prior marijuana use, according to two sources involved in the selection process.
Although the officials noted that attitudes on marijuana use have relaxed significantly in California, drug use is often a factor in decisions to remove children from their families.
"Director Lightbourne truthfully and directly answered questions regarding his personal background, including the disclosure of marijuana use as a young man," his spokesman said Thursday.
Showing posts with label Child Protective Service. Show all posts
Showing posts with label Child Protective Service. Show all posts
Friday, January 04, 2013
Monday, December 26, 2011
Reasons unclear for fatal CPS decision to return a child to her parents
Reasons unclear for fatal CPS decision to return a child to her parents
By Brad Branan
The Sacramento Bee
Dec. 26, 2011
Giovanni Melchor was just a year old when he drowned in the stagnant water of his family's backyard swimming pool in late 2006. The family's single-story, purple-trimmed home in south Sacramento seemed well maintained on the outside. But inside, a neighbor said, the house was infested with roaches and city inspectors later cited Giovanni's father for an unsecured pool fence, the lack of a door closing off the garage from the pool, and a host of other health and safety code violations.Not even three years later, Giovanni's sister, Yeinira, who had been removed from the home and then returned, was also dead, a victim of medical neglect by her parents. Case files from Sacramento County Child Protective Services, recently obtained by The Bee, show how the 2-year-old girl died. Court records show that her parents, Jose Jaime Melchor, 35, and Elizabeth Melchor, 29, pleaded no contest to child endangerment charges in July and were deported this year.What the records don't explain is how the agency made the decision to return the child to care that led to her death.County officials say they cannot discuss the case or the records because of confidentiality laws.But without documentation, evaluating the agency's actions is difficult, said Ed Howard, senior counsel at the Children's Advocacy Institute in San Diego, who reviewed Yeinira's file at the request of The Bee."If we take them at face value – that there is no documentation for reuniting this child with a very troubled family – then this is a fiasco," Howard said. "You can't do this job without documenting your reasons for making such a decision."Specifically, CPS records for Yeinira do not show whether the agency conducted an assessment about the risk of returning her to the home – using what's called the Structured Decision Making tool – in violation of its own policies."In all of its reports, the (CPS) Oversight Committee has recommended comprehensive and consistent use of the tool," said Gina Roberson, co-chair of the committee. "It means social workers are using the best practices in trying to prevent child abuse."The CPS Oversight Committee, echoing the complaints of experts and child welfare advocates, has repeatedly found the agency's social workers have made questionable decisions and serious errors in high-risk cases such as the Melchor's. That assessment was repeated in other reports this year, including one by the California State Auditor.CPS released two sets of files on the Yeinira case. The first contained 12 pages and no information about the family's extensive record with CPS. The second, released after The Bee requested it under the California Public Records Act, had 124 pages.County Health and Human Services Director Ann Edwards said the release of the incomplete file was unintentional. But neither set answers the questions about the fatal decision to return her to her parents. A troubled historyThe year Giovanni died, the Melchors were living in a working-class neighborhood on Center Parkway. They had five children.Neighbors, attorneys and a social worker who had contact over the years with the Melchors, an immigrant family from Mexico, said the family needed help. They said Elizabeth Melchor seemed incapable of caring for her children and, according to court records, Jose Jaime Melchor physically abused his wife.Five reports of alleged abuse or neglect involving the family were made to CPS prior to Yeinira's birth in July 2006, court records show.Some of the reports involved the father, who allegedly had a drinking problem and abused his wife, according to court and CPS files. Other reports involved the mother, accused of hitting the children. Two of the reports were upheld by CPS.Yeinira had a heart defect and a cleft palate that made feeding her difficult. Less than a month after she was born, CPS received another complaint, noting the mother wasn't learning how to take care of her fragile daughter. The child was still in the hospital and at risk of dehydration if not properly nourished.Melchor "admits she is depressed and overwhelmed," according to an unidentified reporter quoted in the CPS case file. The mother and the father were refusing the training needed to feed Yeinira, according to the report. The source recommended placing Yeinira in a special foster home for her medical needs.The complaint was upheld. CPS started monitoring the child, but allowed her to go home with her mother. Yvette Washington, a home visitation worker with the county's Birth and Beyond program, was assigned to counsel the family."She seemed withdrawn," Washington said of Elizabeth Melchor in an interview with The Bee.Washington said she brought a public health nurse to the family's home to explain the risks of having a pool with stagnant water and a small and unsecured fence.The mother didn't seem to take the matter seriously, Washington said, adding that she stopped providing service to the family in 2006 because Melchor was unreceptive.Giovanni drowned in October that year. Melchor told police she was taking care of Yeinira, and left her other children unattended in the garage for about an hour, records show. Giovanni apparently wandered from the garage and into the pool.Police found the missing garage door and the unsecured pool fence. Neither parent was charged. CPS also initially declined to take protective action, determining that an allegation of neglect was unfounded, court records show.That reluctance befuddled some of the Melchors' neighbors.Andrea Garcia, who lived next door to the family, said the Melchors were troubled. Her interactions with the family usually came when something went wrong, she said, such as when the children were left outside in diapers in cold weather.The Garcias watched the other Melchor children while the parents dealt with the emergency of finding Giovanni in the pool.Andrea Garcia said the children were filthy. She said she entered the Melchor home for clean clothes and saw cockroaches everywhere.Her father, Jesus Garcia, said he had worried about the safety of the Melchor children under their mother's care."We never understood why CPS let her keep the kids," he said.Taken away, brought backTen months after the drowning, the four Melchor children became dependents of the county as a result of abuse and neglect, court records show.In Yeinira's case, her parents repeatedly failed to bring her to doctor's appointments, CPS records show. She missed eight appointments in seven months. Doctor's notes indicated a growing concern about her well-being.In foster care, she had surgery for her ailments and had recovered well. But in May 2008, less than two months after her surgery, Yeinira returned to her parents' home, joining her siblings who had been reunited with them several months earlier.To place a foster child back in a parent's home, CPS must convince a dependency court judge that the conditions that originally made the home unsafe had been fixed. For Yeinira, CPS needed to ensure the issues at home had been addressed, said Bill Grimm, senior counsel at the National Center for Youth Law in Oakland, who reviewed the child's file at The Bee's request."Given all that was going on before, there was a pretty high threshold for them to resume care," Grimm said.The lack of documentation calls the agency's decisions into question, said Grimm, adding that returning Yeinira home without doing a risk assessment would have been a serious error, if that's what happened.Without careAfter Yeinira returned, she did not see a doctor for about a year because the family didn't have insurance, her father told Sacramento police investigators in 2009.During that time, Yeinira had a seizure, her mother told police. She said she put rubbing alcohol on a cotton ball and placed it under Yeinira's nose to revive her.A couple of months later, Yeinira had another seizure. Yeinira "fell back, arched her back, and her feet twisted" as she fell onto concrete, her mother said, according to the investigative report. She again used rubbing alcohol and an onion to revive Yeinira.The problem returned the next day, as Yeinira "fell forward, and her head hit the wall and her eyes went up," her mother said.Again, Melchor turned to an onion and rubbing alcohol to revive her daughter. Her father was holding Yeinira in his lap when the mother noticed Yeinira wasn't breathing, she told investigators.The father brought her to Kaiser Permanente Medical Center, south Sacramento, minutes away from their home. Two days later, April 20, 2009, Yeinira died at Kaiser's Roseville hospital because of a lack of oxygen in the brain, an autopsy found.The Coroner's Office said physical abuse also may have contributed to her death, noting that she'd had a broken arm and other recent injuries.In court documents, Dr. Michael Myette of Kaiser said he could say with "95 percent to 99 percent certainty that if the parents had accessed care when she began seizing, she would still be alive."One of the Melchors' attorneys, Lori Calvert, said the couple grew up without doctors and that Elizabeth Melchor had been taught to revive her mother, who also suffered from seizures, as she had revived Yeinira.The Melchors faced a number of obstacles, their attorneys said. They were illiterate in their native Spanish, couldn't speak English and were poor.The prosecutor handling their neglect case agreed and cited those factors when explaining to a judge why she sought approval for a plea agreement resulting in a two-year jail sentence for the Melchors, the lowest under sentencing guidelines.The judge agreed to the sentencing recommendation. The Melchors had served about a year in jail awaiting trial and, with various credits, were released in July after pleading no contest to the charges. They were deported to Mexico shortly afterward, without any of their children. Their attorneys said the children were put up for adoption by the county.
By Brad Branan
The Sacramento Bee
Dec. 26, 2011
Giovanni Melchor was just a year old when he drowned in the stagnant water of his family's backyard swimming pool in late 2006. The family's single-story, purple-trimmed home in south Sacramento seemed well maintained on the outside. But inside, a neighbor said, the house was infested with roaches and city inspectors later cited Giovanni's father for an unsecured pool fence, the lack of a door closing off the garage from the pool, and a host of other health and safety code violations.Not even three years later, Giovanni's sister, Yeinira, who had been removed from the home and then returned, was also dead, a victim of medical neglect by her parents. Case files from Sacramento County Child Protective Services, recently obtained by The Bee, show how the 2-year-old girl died. Court records show that her parents, Jose Jaime Melchor, 35, and Elizabeth Melchor, 29, pleaded no contest to child endangerment charges in July and were deported this year.What the records don't explain is how the agency made the decision to return the child to care that led to her death.County officials say they cannot discuss the case or the records because of confidentiality laws.But without documentation, evaluating the agency's actions is difficult, said Ed Howard, senior counsel at the Children's Advocacy Institute in San Diego, who reviewed Yeinira's file at the request of The Bee."If we take them at face value – that there is no documentation for reuniting this child with a very troubled family – then this is a fiasco," Howard said. "You can't do this job without documenting your reasons for making such a decision."Specifically, CPS records for Yeinira do not show whether the agency conducted an assessment about the risk of returning her to the home – using what's called the Structured Decision Making tool – in violation of its own policies."In all of its reports, the (CPS) Oversight Committee has recommended comprehensive and consistent use of the tool," said Gina Roberson, co-chair of the committee. "It means social workers are using the best practices in trying to prevent child abuse."The CPS Oversight Committee, echoing the complaints of experts and child welfare advocates, has repeatedly found the agency's social workers have made questionable decisions and serious errors in high-risk cases such as the Melchor's. That assessment was repeated in other reports this year, including one by the California State Auditor.CPS released two sets of files on the Yeinira case. The first contained 12 pages and no information about the family's extensive record with CPS. The second, released after The Bee requested it under the California Public Records Act, had 124 pages.County Health and Human Services Director Ann Edwards said the release of the incomplete file was unintentional. But neither set answers the questions about the fatal decision to return her to her parents. A troubled historyThe year Giovanni died, the Melchors were living in a working-class neighborhood on Center Parkway. They had five children.Neighbors, attorneys and a social worker who had contact over the years with the Melchors, an immigrant family from Mexico, said the family needed help. They said Elizabeth Melchor seemed incapable of caring for her children and, according to court records, Jose Jaime Melchor physically abused his wife.Five reports of alleged abuse or neglect involving the family were made to CPS prior to Yeinira's birth in July 2006, court records show.Some of the reports involved the father, who allegedly had a drinking problem and abused his wife, according to court and CPS files. Other reports involved the mother, accused of hitting the children. Two of the reports were upheld by CPS.Yeinira had a heart defect and a cleft palate that made feeding her difficult. Less than a month after she was born, CPS received another complaint, noting the mother wasn't learning how to take care of her fragile daughter. The child was still in the hospital and at risk of dehydration if not properly nourished.Melchor "admits she is depressed and overwhelmed," according to an unidentified reporter quoted in the CPS case file. The mother and the father were refusing the training needed to feed Yeinira, according to the report. The source recommended placing Yeinira in a special foster home for her medical needs.The complaint was upheld. CPS started monitoring the child, but allowed her to go home with her mother. Yvette Washington, a home visitation worker with the county's Birth and Beyond program, was assigned to counsel the family."She seemed withdrawn," Washington said of Elizabeth Melchor in an interview with The Bee.Washington said she brought a public health nurse to the family's home to explain the risks of having a pool with stagnant water and a small and unsecured fence.The mother didn't seem to take the matter seriously, Washington said, adding that she stopped providing service to the family in 2006 because Melchor was unreceptive.Giovanni drowned in October that year. Melchor told police she was taking care of Yeinira, and left her other children unattended in the garage for about an hour, records show. Giovanni apparently wandered from the garage and into the pool.Police found the missing garage door and the unsecured pool fence. Neither parent was charged. CPS also initially declined to take protective action, determining that an allegation of neglect was unfounded, court records show.That reluctance befuddled some of the Melchors' neighbors.Andrea Garcia, who lived next door to the family, said the Melchors were troubled. Her interactions with the family usually came when something went wrong, she said, such as when the children were left outside in diapers in cold weather.The Garcias watched the other Melchor children while the parents dealt with the emergency of finding Giovanni in the pool.Andrea Garcia said the children were filthy. She said she entered the Melchor home for clean clothes and saw cockroaches everywhere.Her father, Jesus Garcia, said he had worried about the safety of the Melchor children under their mother's care."We never understood why CPS let her keep the kids," he said.Taken away, brought backTen months after the drowning, the four Melchor children became dependents of the county as a result of abuse and neglect, court records show.In Yeinira's case, her parents repeatedly failed to bring her to doctor's appointments, CPS records show. She missed eight appointments in seven months. Doctor's notes indicated a growing concern about her well-being.In foster care, she had surgery for her ailments and had recovered well. But in May 2008, less than two months after her surgery, Yeinira returned to her parents' home, joining her siblings who had been reunited with them several months earlier.To place a foster child back in a parent's home, CPS must convince a dependency court judge that the conditions that originally made the home unsafe had been fixed. For Yeinira, CPS needed to ensure the issues at home had been addressed, said Bill Grimm, senior counsel at the National Center for Youth Law in Oakland, who reviewed the child's file at The Bee's request."Given all that was going on before, there was a pretty high threshold for them to resume care," Grimm said.The lack of documentation calls the agency's decisions into question, said Grimm, adding that returning Yeinira home without doing a risk assessment would have been a serious error, if that's what happened.Without careAfter Yeinira returned, she did not see a doctor for about a year because the family didn't have insurance, her father told Sacramento police investigators in 2009.During that time, Yeinira had a seizure, her mother told police. She said she put rubbing alcohol on a cotton ball and placed it under Yeinira's nose to revive her.A couple of months later, Yeinira had another seizure. Yeinira "fell back, arched her back, and her feet twisted" as she fell onto concrete, her mother said, according to the investigative report. She again used rubbing alcohol and an onion to revive Yeinira.The problem returned the next day, as Yeinira "fell forward, and her head hit the wall and her eyes went up," her mother said.Again, Melchor turned to an onion and rubbing alcohol to revive her daughter. Her father was holding Yeinira in his lap when the mother noticed Yeinira wasn't breathing, she told investigators.The father brought her to Kaiser Permanente Medical Center, south Sacramento, minutes away from their home. Two days later, April 20, 2009, Yeinira died at Kaiser's Roseville hospital because of a lack of oxygen in the brain, an autopsy found.The Coroner's Office said physical abuse also may have contributed to her death, noting that she'd had a broken arm and other recent injuries.In court documents, Dr. Michael Myette of Kaiser said he could say with "95 percent to 99 percent certainty that if the parents had accessed care when she began seizing, she would still be alive."One of the Melchors' attorneys, Lori Calvert, said the couple grew up without doctors and that Elizabeth Melchor had been taught to revive her mother, who also suffered from seizures, as she had revived Yeinira.The Melchors faced a number of obstacles, their attorneys said. They were illiterate in their native Spanish, couldn't speak English and were poor.The prosecutor handling their neglect case agreed and cited those factors when explaining to a judge why she sought approval for a plea agreement resulting in a two-year jail sentence for the Melchors, the lowest under sentencing guidelines.The judge agreed to the sentencing recommendation. The Melchors had served about a year in jail awaiting trial and, with various credits, were released in July after pleading no contest to the charges. They were deported to Mexico shortly afterward, without any of their children. Their attorneys said the children were put up for adoption by the county.
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