Trial begins for DCFS, sued for wrongful removal of child....

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."

kstewart@sltrib.com

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...