Showing posts with label DHS. Show all posts
Showing posts with label DHS. Show all posts

Wednesday, June 1, 2016

Custodial dad, step charged with felony child abuse against grade-school aged daughter (North Platte, Nebraska)

How do we know this was a custodial dad? Careful reading. Dad lives in North Platte, Mom lives in Lincoln. The child attends a North Platte school.


How did this violent dad get custody and who gave it to him? That we don't know. It is very seldom explained in the typical news article.


Dad is identified as JUSTIN FOUST.


http://www.nptelegraph.com/news/local_news/two-arrested-in-child-abuse-case/article_a18cced2-22f3-11e6-bcd2-c3751fc946b2.html


Two arrested in child abuse case


Posted: Thursday, May 26, 2016 3:00 am


By Tammy Bain


Two people were arrested Tuesday after a weeks-long investigation into felony child abuse.


On May 6, a North Platte police officer was called to Adams Middle School. A girl had arrived at school with a black eye, said Investigator John Deal. Her mother, who lives in Lincoln, had reported that her daughter texted her on the way to school and said her father had punched her in the eye.


The victim was interviewed at Bridge of Hope and said she and her father had argued the day before, Deal said. The father slapped the girl’s face several times and punched her eye, he said. The girl’s injuries matched her report.


The victim said her father told her to lie and say that a picture frame fell from the wall and hit her, Deal said. She said that her stepmother had witnessed the incident, and that other children in the home had been abused.


The other children living in the home were removed by North Platte Police Department and Department of Health and Human Services while the investigation is continuing, Deal said.


Two of the children, a boy and girl who are elementary school age, were sent to their mother’s home in Lincoln and interviewed at a Child Advocacy Center, Deal said. Both reported that at night, the father and stepmother would screw shut the door to the boy’s room so he could not use the bathroom, Deal said. They also reported that the father threw the boy on the ground. Deal said both children reported having witnessed the original punching incident.


The second girl also reported that the boy wasn’t allowed to eat lunch or breakfast at home.


The father and stepmother, Justin and Cortney Foust, were jailed on suspicion of felony child abuse. Each was released after posting 10 percent of $20,000 bail.


Deal declined to release ages of the three children. Other children who did not report abuse also lived in the home, and police hope to preserve their anonymity, he said.

Wednesday, June 3, 2015

Big surprise...Judge rules in favor of DHS in wrongful-death lawsuit; they gave abusive, drug-dealing dad custody--one month later, he beat to death 5-year-old daughter (Chandler, Oklahoma)

Once again, the notoriously father friendly CPS gives an abusive father custody--and then the predictable happens. He beats the child to death less than a month later. And then, what do you know. A judge won't hold these bozos responsible for their actions. Who didn't see that coming....

The killer custodial dad is SEAN DEVON BROOKS. He's on the Killer Dads and Custody list for Oklahoma.

http://examiner-enterprise.com/news/state/judge-rules-favor-oklahoma-department-human-services-serenity-deal-wrongful-death-lawsuit

Posted June 1, 2015 - 12:07pm

Judge rules in favor of Oklahoma Department of Human Services in Serenity Deal wrongful-death lawsuit

By Nolan Clay The Oklahoman (TNS)

A judge has found in favor of the Oklahoma Department of Human Services in a wrongful-death lawsuit, ruling the agency is not liable for the murder of Serenity Deal in 2011.

Serenity’s maternal grandparents, Charles and Annette Deal, of Chandler, appealed the decision Wednesday to the Oklahoma Supreme Court.

Serenity is the 5-year-old girl whose murder by her father in June 2011 led to widespread public outrage toward DHS. The longtime DHS director, Howard Hendrick, stepped down in 2012 after public confidence in his leadership fell because of child deaths.

Her father, Sean Devon Brooks, beat her to death in June 2011, less than a month after she began living with him full time at his Oklahoma City apartment at the recommendation of DHS workers.

She had been in a foster home.

Two workers were charged

DHS fired two Pottawatomie County child welfare workers over her death. The two had pushed for the girl to be placed with her father even though she had been injured twice during overnight visits with him in January 2011.

The two workers, Jennifer Shawn and Randy J. Lack, later were charged with suppressing evidence from Serenity’s judge. Both pleaded no contest to the misdemeanor offense and were put on probation. Serenity’s grandparents and her imprisoned mother, Samantha Deal, sued DHS and the two fired workers in 2013 in Pottawatomie County District Court. A district judge from Payne County took over the case after Pottawatomie County judges removed themselves from presiding over the lawsuit.

At a hearing May 7 in Stillwater, Judge Phillip Corley threw out all the claims against DHS “as a matter of law.” The judge at the same hearing did find against Shawn and Lack. How much in damages they will be ordered to pay will be determined later.

DHS attorneys raised a series of legal arguments against the claims. Most notably, they argued DHS cannot be held “vicariously liable” for the actions of employees that were “in direct violation of agency policy and were ultimately found to include criminal conduct.”

The grandparents’ attorneys are asking the Supreme Court to reverse the judgment in favor of DHS “because it is contrary to law.” They have raised seven issues where the judge may have erred.

Serenity’s father, Brooks, 35, is serving a life sentence in prison for first-degree murder. The former motel clerk admitted in his guilty plea in 2011 that he beat his daughter on the head.

DHS became involved in Serenity’s care after her mother was accused in 2009 of molesting a boy. The mother eventually went to prison in 2011. She is still in prison.

Brooks had not known he was Serenity’s father until she was 3.

In termination papers, DHS said its two workers failed to fully check the father’s background, which included times when he had been violent.

Records showed DHS never contacted the mother of Brooks’ three other children until after Serenity died. That woman, Brooks’ ex-girlfriend, has said she would have warned DHS workers that she considered Brooks too violent to be around their children. She also has claimed he “sold drugs the entire six years she was with him,” records show.

Case against workers

In the criminal cases, the two workers were accused of suppressing evidence from the judge that included a hospital photo of Serenity taken after one of the visits with her father in January 2011. The photo showed her with a swollen and bruised face and two black eyes.

Both Serenity and her father said he dropped her accidentally. DHS workers accepted that explanation.

Pottawatomie County District Attorney Richard Smothermon said in 2012 that the judge never would have placed Serenity with her father if the judge had seen that evidence.

“There is no way that this child fell out of a car seat. And anybody, without any bit of education, can tell that his story was just not true. This child was beaten. They never provided that to the court,” Smothermon said in 2012.

Another DHS child welfare worker — who had had concerns about the father and who had urged caution — committed suicide a month after her death.

Friday, February 20, 2015

Custodial dad, step charged with torture for abuse, imprisonment of 12-year-old son (Detroit, Michigan)

Custodial dad identified as CHARLES BOTHUELL IV. Back in July, we reported that the non-custodial mom had temporary placement and was trying to get permanent custody back.

http://www.dailymail.co.uk/news/article-2961626/Father-stepmom-charged-case-Detroit-boy-basement.html

Father and stepmom charged with torture and abuse after they 'locked 12-year-old son in basement for 11 days' and claimed he was missing

Charlie Bothuell V, 12, 'vanished' from his dad's Detroit home in June 2014
Father and stepmom reported him missing and he was found by police in the basement of the building the couple was living in 11 days later
Prosecutors say that parents systematically physically abused the child
Police were told by the boy that stepmother Monique Dillard-Bothuell hid him in the basement with no food or water
The Bothuells have each been charged with torture and child abuse
This is the first time Wayne County Prosecutor's Office has charged torture for a living child

By Kelly Mclaughlin For Dailymail.com and Associated Press
Published: 08:45 EST, 20 February 2015 | Updated: 13:52 EST, 20 February 2015

Prosecutors have brought torture and child abuse charges against the father and stepmother of a 12-year-old Detroit boy who was found in his father's basement last year after an 11-day disappearance.

Charles Bothuell IV, 46, and Monique Dillard-Bothuell, 37, systematically physically abused the child, forced him to live in the basement and didn't allow him to socialize, Wayne County prosecutors said.

The boy, Charlie Bothuell V, was found by police in the basement of his family's condominium on June 25, 2014, - 11 days after he was reported missing by his father and stepmom.

Detroit police arrested the Bothuells this morning, the prosecutor's office said. They have each been charged with one count of torture, punishable by up to life in prison, and second-degree child abuse, which carries a maximum penalty of four years in prison.

Charlie Bothuell IV and Monique Dillard-Bothuell systematically physically abused the child, forced him to live in the basement and didn't allow him to socialize, Wayne County prosecutors said.

Bothuell, a nurse, had made tearful pleas on TV for his son's return and later said he was ‘shocked’ when the boy was found in the basement.

Charlie was deprived of food and forced to engage in an 'extreme and unreasonable exercise regime,' Prosecutors said in a statement.

He ‘has experienced physical abuse by his father... for the entire two years he has resided in Mr. Bothuell's residence,’ the Department of Human Services said in a court filing.

‘The abuse included being physically disciplined with a PVC pipe on his butt, feet, chest, head, thighs, sides and arms... He was often too sore to sit or walk.’

But Charlie told caseworkers that his stepmother ordered him to the basement on June 14, 2014 because she believed he had not completed one of his twice-a-day workouts.

His workout regime included 100 pushups, 200 situps, 100 jumping jacks, 25 arm curls with a 25-pound weight and thousands of revolutions on an elliptical machine.

Charlie said his stepmom, who has two other children, told him, ‘Shut up, stay quiet and don't say anything no matter what you hear!’

Charlie said Dillard-Bothuell told him at times, ‘I know where the sharp knives are... I can make you disappear.’

Charlie was discovered in the cramped basement behind a makeshift barrier of boxes. Confusingly, FBI agents previously searched the basement, even using specially trained cadaver dogs.

It then emerged there was an underground tunnel easily accessible from the basement, connecting the other condos in the block and leading outside the building.

The tunnel’s outside door is usually locked and only accessible to maintenance men, but crucially, it was left open during the time he was in the resident because residents were getting rid of a build-up of trash in a dumpster left outside.

That means Charlie could have left the property in the day, before returning at night, explaining why FBI agents could not find the boy.

Court documents apparently state that Charlie has claimed he even snuck upstairs for food when the house was empty.

The father and stepmother earlier denied any abuse took place.

The state Department of Human Services has said the father later acknowledged striking his son with a PVC pipe.

They added in a court filing last year that the boy told authorities he was forced to rise before dawn for his intense workouts.

'We are thankful that the victim was found alive,' prosecutor Kym Worthy said. 'This is the first time that the Wayne County Prosecutor's Office has charged torture for a living child. Based upon the allegations, if any case warrants child torture charges, this one certainly does.'

Dillard-Bothuell was charged with an unrelated probation violation shortly after Charlie was found because there was a gun in the home and she had a prior gun conviction in Wayne County, according to MLive.

Officials have temporarily stripped Bothuell and Dillard-Bothuell of their parental rights and taken Charlie's two half-siblings from the couple's home. A final custody decision has not been made by the courts.

Bothuell and Dillard-Bothuell are due in court on Friday afternoon.

Sunday, February 1, 2015

Father charged with 1st-degree murder in death of 4-month-old daughter (Columbus Junction, Iowa)

Dad is identified as OSCAR JIMINEZ.

http://www.kcci.com/news/father-now-charged-with-murder-in-babys-death/31015466

Father now charged with murder in baby's death

Published 4:40 PM CST Jan 30, 2015

COLUMBUS JUNCTION, Iowa —An Iowa father faces additional charges Friday in the death of his 4-month-old daughter.

Oscar Jimenez is charged with first-degree murder and child endangerment resulting in death. If convicted he faces a mandatory sentence of life in prison without parole.

Jimenez was arrested and charged with multiple acts of child endangerment on Jan. 20.

An autopsy was performed at University of Iowa on Marleen Jimenez. The results are still pending, authorities said.

The investigation continues and is being conducted by the Iowa Department of Public Safety's Iowa Division of Criminal Investigation, Columbus Junction Police Department, Louisa County Sheriff’s Office, Department of Human Services, University of Iowa Decedent Care Unit, Louisa County Attorney’s Office and the Iowa Attorney General’s Office.

Thursday, November 20, 2014

Protective mom fights abusive custodial dad over disabled sons (Plymouth County, Iowa)

Since this is being covered in the Native American press, the issue is being framed as a Native mother being crushed by a white father. That angle obviously plays into it, no doubt about it.

But we have seen similar situations played out where ethnic/racial differences are not apparent. To a very large extent, this is testimony to how much power the fathers rights movement has been able to wield over the family courts and child "protection" system. And that also needs to be brought out.

The fact that 17-year-old boys are being silenced by the courts is very much a fathers rights thing. SHAME ON JUDGE EDWARD JACOBSON for engaging in heavy-handed FR tactics.

See our previous post here. For some reason, the father has not been identified in the media.

http://indiancountrytodaymedianetwork.com/2014/11/20/sioux-mother-return-court-latest-fight-her-abused-sons-157916

Sioux Mother to Return to Court in Latest Fight for Her Abused Sons

Suzette Brewer 11/20/14

On Friday, November 21 another hearing is scheduled in the Iowa District Court in Plymouth County in an interstate custody showdown that has sparked national outrage among tribes and Indian child welfare advocates over the return of disabled twin brothers to the custody of their non-Indian father, who has six founded cases of child abuse on his record. One of the boys is wheelchair bound with cerebral palsy, while the other is blind and has autism.

Last June, Audre’y Eby, the twins’ Rosebud Sioux mother who resides in Nebraska, was jailed for a week in Iowa on kidnapping charges for refusing to return the boys back to their father after officials in Nebraska threatened her with child endangerment charges when they found evidence of abuse during an emergency room visit, in which blood and bruises were found on one of the boys’ groin area. The boys testified to officials in both states that their father’s girlfriend had kicked one of them after she caught him masturbating and that the father had threatened to “cut his privates off.”

Trapped between competing interstate jurisdictions, Eby said she had no choice but to keep her children, even though she subsequently went to jail in Iowa for trying to protect them from their abusers.

Eby kept the boys in Nebraska for a time, but subsequently moved them to the Rosebud Indian Reservation in South Dakota in order to protect them from their father and his live-in girlfriend, both of whom have been placed on the Iowa Central Abuse Registry for physical abuse, denial of critical care and failure to provide proper supervision to the twins. In early October, the boys, who are now 17, were ordered to appear before Judge Edward Jacobson for testimony at a hearing, with which Eby complied. But rather than allowing the boys to testify as ordered, Jacobson instead ordered half a dozen police officers to physically remove the boys from their mother’s custody in the hallway of the courthouse in front of at least a dozen bystanders, who were shocked that the incident took place in such a public manner with no plan for a peaceful transfer, as usually is required under these circumstances. Eby said both boys were struggling and screaming to stay with her as they were being led away by law enforcement.

“Judge Jacobson said ‘I don’t allow children to testify in my court,’” said Eby. “The order was a ruse to get me to bring them [to Iowa] so they could take them from me.”

Subsequently, in a one-page ruling issued by Judge Edward Jacobson that only vaguely refers to the evidence that was presented, the boys were immediately ordered back to their father that day. Jacobson only mentioned that Eby had “absconded” with the children, in spite of the fact that the State of Nebraska had threatened her with child endangerment if she returned them to their father. Judge Jacobson also ordered that “Mr. Courtright shall have full care, custody, and control of both children. Visistation [sic] shall be at Mr. Courtright's discretion,” in spite of six founded charges of abuse on father’s record.

Eby has had no contact with her children since that time and that the boys’ father has threatened her that she will “never see them again” if she continues with the case.

“One can say that these young men fell through the cracks,” says Frank LaMere, the director of the Four Directions Community Center in Sioux City, Iowa. “The people over in Plymouth County absolutely knew what was happening to these boys and they turned a blind eye. The DHS and the officers of the court are very aware of the abuse charges against their father, but they feel no responsibility whatsoever in spite of the fact that these allegations have been confirmed and are on the record.”

LaMere says that he intends to be at the hearing on Friday, along with other members of the Native community to show their support for the twins and their mother, who they feel is victim of the racist policies toward Native parents in courtrooms across the country.

“If a Native man had six allegations of abuse on his record, he would be serving five to 10 years in prison,” said LaMere, who is a member of the Winnebago Tribe of Nebraska. “But we have a white father and a white girlfriend with six founded charges and what does Judge Jacobson do? He gives the abused children back to their perpetrators and throws the Indian mother in jail. I’ve never seen anything like it in all my years of Indian child welfare experience.”

Next week, Eby and LaMere are scheduled to attend the 12th Annual March to Honor Lost Children in Sioux City. For 12 years, says LaMere, it has been necessary to organize these marches and events to raise awareness of the challenges faced by Native community members who find themselves locked in a never-ending battle with child welfare systems across the country.

“We have worked hard to build a good relationship with officials here in Woodbury County,” said LaMere. “But there are countless counties across the country that ignore the Indian Child Welfare Act. Sadly, they forget that ICWA is not a ‘defense’ strategy – it is federal law. And we want to ensure that they are attentive to the requirements of the law.”

Monday, November 3, 2014

State never did internal review of murder of 21-month-old boy who was killed by dad after dad obtained custody through fraudulent emergency protective order (Frankfurt, Kentucky)

Update to the killer dads and custody lists.

This is one of the first cases we reported on back in 2009.

What is not discussed in this follow-up article is that this violent father was able to secure access to his son after obtaining "custody" illegally--and all with the help of the local police department, who swooped down and stole this boy from his mother.

How did he do this? He used an fraudulent Emergency Protective Order (EPO) that "requested" temporary custody. It didn't "grant" him custody. The police department was later sued by the mother that same year, but the results of that lawsuit have apparently never been reported in the media.

So given the history of incompetence/corruption associated with this little boy's murder, it's not surprising that the State "failed" to do an internal review despite having a mandate to do so.

See our previous posts here and here and here.

http://www.kentucky.com/2012/01/28/2045794/judge-lets-state-withhold-more.html

State didn't do review of Nelson County toddler's 2009 death

By Beth Musgrave and Bill Estep

January 28, 2012

FRANKFORT — After an extended legal battle with Kentucky's two largest newspapers, the state's child-protection agency began releasing extensive records on Friday about children who died as a result of abuse.

In response to a judge's order, the cabinet released more than 1,000 pages of documents detailing the state's involvement with five abused children who died in 2009.

In at least one of those cases, the Cabinet for Health and Family Services never did an internal review of the child's death despite having prior contact with the family. State law mandates a review in every abuse death or near-death when the cabinet "had prior involvement with the child or family." The reviews are supposed to examine the cabinet's actions to determine if there were any missteps and to identify needed improvements and training.

Cabinet officials maintained Friday night that no review was required in the death of 21-month-old Cole Frazier, who was shot and killed by his father, Timothy Frazier, in May 2009 in Nelson County. Timothy Frazier later shot and killed himself.

The cabinet, which oversees child protection, had received multiple reports of domestic violence between Cole's parents, including one 13 days before Cole's May 29, 2009 death. But the cabinet did not investigate the last claim because they did not consider it domestic violence — Cole's parents did not live together at the time, according to cabinet records.

Jill Midkiff, a spokeswoman for the cabinet, said child-protection workers did not do an internal review of Cole's death because there was not an ongoing case at the time of his death and all previous allegations involved domestic violence among adults in the home.

"There were no allegations of abuse or neglect related to the child," Midkiff said.

However, according to a summary of some of the previous domestic violence incidents between Timothy Frazier and Candice Dempsey, Cole's mother, a November 2007 report showed that Cole was present during a fight between his parents.

"He took the bottle out of child's mouth and threw it, slammed mother head in couch," the summary said. That report was unsubstantiated by adult-protection workers due to lack of evidence.

A summary of an April 2008 allegation of domestic violence between Frazier and Dempsey said he "threatened me about taking my son, expressed concern for the life of my son and myself." Adult-protection workers made no finding in the case because they were unable to make contact with the victim.

Two other reports of domestic violence came in May 2009.

On May 15, Timothy Frazier filed a domestic violence petition against Dempsey and was granted temporary custody of Cole. Dempsey had asked police to check on her son three different times prior to his May 29 death, according to state records.

Sunday, August 24, 2014

Mom cleared of poisoning baby now suing rhe father; alleged that he posionedthe baby's formula to get sole custody, avoid child support (Erie County, New York)

All of these actions fit the pattern of a deliberate, sociopathic abuser. Had this suit been filed in Chautauqua County, New York--home of Family Court Judge Judith Claire (who isowned and operated by the local fathers rights group)--the mother would now be rotting in prison and this manipulative abuser would have full custody of the baby.

Dad is identified as THOMAS MEYERS.

http://www.buffalonews.com/city-region/orchard-park/mother-cleared-of-poisoning-baby-now-suing-the-father-20140818

Mother cleared of poisoning baby now suing the father

By James Staas | News Staff Reporter on August 18, 2014 - 10:42 PM ,
updated August 19, 2014 at 7:08 AM

An Orchard Park mother of three who was accused of poisoning her infant son during a contentious custody battle but was later cleared has sued the baby’s father, alleging that he added blood thinning medication and cleaning products to bottles of her breast milk and formula.

Kimberly Lawton, 37, filed the lawsuit Thursday in State Supreme Court in Buffalo against Thomas Meyers, of Bemus Point in Chautauqua County.

The suit, filed by attorney Steven M. Cohen of HoganWillig, says Meyers’ false allegations and actions against Lawton “were for the purpose of obtaining sole custody” of their child to avoid having to pay Lawton child support. The mother spent more than a week in jail and lost custody of the baby and her two other children; a grand jury later cleared her of the poisoning allegations.

The suit says the baby boy was born Nov. 14, 2012, and that Lawton told Meyers she would be seeking child support payments from him, since they were no longer together.

On Jan. 15, 2013, Meyers filed a petition in Erie County Family Court for sole custody of the baby, but his request was denied.

About a month later, Lawton filed for sole custody and was awarded a temporary order of residence, and Meyers was granted limited visitation. Lawton also petitioned for child support from Meyers who asserted in Family Court that his annual income totaled $120,000, according to the lawsuit.

In March 2013, Meyers sent bottles of breast milk and formula that Lawton had given him for the baby’s use during visitation to Avomeen Analytical Services, a chemical analysis laboratory in Michigan, for testing. But before sending the bottles to Avomeen, the suit says, Meyers added foreign substances to the bottles, including a blood thinning medication and cleaning products.

Around April 3, 2013, the suit says, Avomeen produced an analysis of the bottles that “identified compounds including a blood thinning pharmaceutical, a chlorinated aliphatic, and a number of aldehydes, indicating the suspect formula is adulterated.”

Meyers cited that analysis in filing a claim with Child Protective Services against Lawton for allegedly poisoning their baby. At about 9:30 p.m. April 3, 2013, CPS workers arrived at Lawton’s home to notify her of the claim and to inspect her residence.

The next day, the suit says, Lawton took her baby to the pediatrician and then to Women & Children’s Hospital, where he was examined, tested and found not to be suffering from any form of poisoning. On that same day, Meyers filed a criminal complaint with the Orchard Park Police Department, accusing Lawton of poisoning the baby.

On April 5, 2013, Meyers went to Lawton’s home to obtain more bottles of breast milk and formula for the baby, the suit says, but instead he gave the bottles to an Orchard Park police officer in an undercover vehicle for analysis as part of the police investigation into his complaint.

The suit says the bottles were in Meyers’ possession, outside the view and/or supervision of police, for a sufficient period of time to allow Meyers and/or an associate to add foreign substances to the bottles.

Three days later, Meyers filed a petition in Family Court seeking temporary custody of his son based on his claim that Lawton had poisoned the baby.

On April 10, 2013, the court issued Meyers a temporary order of custody and visitation, allowing Lawton only limited and supervised visits with the baby.

About a month later, the suit says, Michael Murphy, the father of Lawton’s two oldest children, sought and received custody of the children, based on Meyers’ poisoning claim against Lawton.

Last September, the New York State Office of Children and Family Services informed Lawton that the CPS investigation into the poisoning claim found the allegations to be unfounded.

Meanwhile, the suit says, the Orchard Park Police Department had sent the bottles that Meyers turned over to police on April 5, 2013, to the New York State Police Forensic Investigation Center in Albany.

The center sent a trace evidence report dated Oct. 1, 2013, to the Orchard Park police chief, indicating that the bottles of breast milk and formula contained ethanol (alcohol).

Police arrested Lawton Oct. 17, 2013, at her residence on charges of attempted second-degree assault and endangering the welfare of a child. She remained in custody until Oct. 25, 2013, when she posted $50,000 bail.

In March, the Erie County District Attorney’s Office presented the case to a grand jury, which dismissed the charges against Lawton, based on “insignificant amounts” of ethanol found in the bottles – the same amounts found occurring naturally in some bottled fruit juices.

The suit alleges that Meyers’ false claims and actions resulted in Lawton’s loss of custody of her three children as well as her spending more than a week in custody, spending money on attorneys’ fees for Family Court and criminal proceedings and damage to her reputation and business. The suit seeks an unspecified amount of compensation for the damages.

Lawton also filed a petition July 17 for a court order allowing her to file a late notice of claim against the Town of Orchard Park and the Police Department.

Meyers’ attorney, Donna L. Haslinger, could not be reached to comment.

Friday, August 22, 2014

Custodial dad charged with murder in beating death of 5-year-old son (Baton Rouge, Louisiana)

Read this carefully between the lines. Dad VARNELL DAY JR. was custodial, and apparently had been custodial for a while.

We're told the father and son lived together. Given the evidence of malnutrition and healing injuries, Dad had been abusing the boy for a long time. There is ZERO mention of a mother in the home or elsewhere. If there was a mother who was involved, even periodically, then she obviously would have been arrested on abuse and failure to protect charges.

Notice ONCE AGAIN that the reporter feels no compulsion to tell us how or why this little boy ended up with this brutal man in this isolated prison cell (neighbors rarely saw the boy. Men don't give birth, so obviously Daddy had to gain control by eliminating the mother somehow. But how?

Once again, we have the standard questions, the questions that are never raised by these reporters. Is the mother deceased? If so, do we know that it was from natural causes? Is she "missing"? Given Dad's propensity towards violence, that should raise questions right there. Did this control freak/abuser strip her of custody through the family courts and/or CPS? Again, silence. But it is hardly unheard of for fathers to wage a custody battle, only to kill the child they just had to have.
.
http://www.wafb.com/story/26344860/neighbor-says-father-accused-of-beating-son-to-death-usually-kept-to-himself-boy-rarely-seen

Neighbor says father accused of beating son to death usually kept to himself, boy rarely seen Posted: Aug 22, 2014 7:18 AM EDT
Updated: Aug 22, 2014 7:19 AM EDT

By Kiran Chawla

BATON ROUGE, LA (WAFB) - A man who lives in the neighborhood of the father arrested in the beating death of his 5-year-old son said the dad was quiet and the child was rarely seen.

Varnell Day Jr., 36, of Baton Rouge, was booked into the East Baton Rouge Parish Prison on Thursday morning on a charge of first-degree murder in the death of his son, Jay'v'une Bergin. Day was speechless and visibly angry as he was being taken back to prison. He is accused of savagely beating his son. The little boy died shortly after 10 p.m. Wednesday.

The blinds are all closed with newspaper keeping the sun out and a private property sign is propped in the window of the home on North 48th Street where the pair lived. It is the place where investigators said the beating took place.

"The little boy had multiple brain bleeds, bruising, which consisted of various stages of healing, along with contusions to the head with signs of malnutrition," Cpl. Don Coppola Jr. with the Baton Rouge Police Department said.

Neighbors said they saw an ambulance arrive at the home on Monday. The 5-year-old was taken to the hospital with multiple injuries. John Green, a neighbor who has lived one block off Gus Young Avenue all his life, said Day usually kept to himself and they rarely saw the little boy.

"The kid don't be outside enough," Green said. "Like we will be out here, he will take them to school and pick him up. After that, they would be inside."

Green added Day had only been at the home for the past couple of years and he simply saw him in passing.

"I couldn't really believe he would beat a child like that. I don't see how you can have a heart to beat a child so bad like that," Green explained.

Day was originally arrested Tuesday and charged with attempted first-degree murder, but the charges were upgraded and he was re-arrested after the boy succumbed to his injuries.

The Louisiana Department of Child and Family Services (DCFS) was reportedly called in on this case, but there has been no response from officials about requests for comment.

A GoFundMe account has been set up to help with funeral expenses for Bergin. Click here to donate

Monday, July 21, 2014

Custodial dad, step lose custody of abused "boy in basement"; mom may get formal placement back (Detroit, Michigan)

As usual, the reporter fails to notice (or fails to explain) how or why the mother was stripped of custody by this abusive/control freak father to begin with, or who was responsible. Notice that fitness is not the issue, as she is apparently "good enough" for her 12-year-old son to be "staying" with her now. Notice that formal custody, however, is still not a done deal.

Dad is identified as CHARLIE BOTHUELL IV.

http://www.usatoday.com/story/news/nation/2014/07/17/missing-detroit-boy-court-petitions/12771525/

Dad, stepmom of boy in basement lose custody of kids

Eric D. Lawrence and Gina Damron, Detroit Free Press 2:43 p.m. EDT July 17, 2014

DETROIT — The father and stepmother of a boy found in the basement of his home after going missing in June lost their parental rights — at least for now, according to court actions Thursday.

During a hearing here, Referee Nicholas Bobak authorized two petitions, one that seeks termination of Charlie Bothuell IV's parental rights for his son, 12-year-old Charlie Bothuell V, and one related to Charlie's younger siblings that seeks to terminate the rights of Bothuell and his wife, Monique Dillard-Bothuell, who is Charlie's stepmother.

The decision in a case that includes accusations of Bothuell disciplining his son with a PVC pipe, came during a probable cause hearing that the senior Bothuell and his wife waived. Outside of court, lawyer Stephanie Carson, who represents the father, described the waiver as a standard maneuver in such matters.

Lawyer Mark Magidson, who is representing Dillard-Bothuell, complained about a lack of information from authorities.

Both parents were in court but did not speak.

Magidson had argued in court that the Michigan Department of Human Services did not follow its mandate to make efforts to avoid removing the younger children, 10 months old and 4 years old, after Charlie was found.

But Investigator Shalan Williams of the department's Children's Protective Services division testified that those efforts were not needed.

"There was concern the children were at risk, and they needed to be taken out of the home immediately," Williams said.

The case is not complete; a pretrial hearing will be July 28.

The state department had asked in the petitions that Charlie be formally placed with his mother, with whom he has been staying, and that the younger children, who are staying with relatives, be placed in state custody. The elder Bothuell also has been denied visitation with Charlie, pending the outcome of a psychological evaluation.

The parents can have supervised visitation with the younger children.

The lawyer representing the children, Arthur Bowman of Detroit, said he had met with all three children and said their current placement is "very appropriate" and that Charlie "presents very well."

The petitions detail allegations of abuse against Charlie, who was found June 25 barricaded in the basement of his home on the city's east side after being missing for 11 days.

Charlie told authorities that his father had abused him during the two years he lived with his dad and had disciplined him with a PVC pipe, according to a petition. Dillard-Bothuell put in the basement after she accused him of lying about completing a workout.

Dillard-Bothuell "reported Charlie V ran away from their home, but he was in the basement the entire time," the petition stated. Magidson has dismissed that possibility, citing law-enforcement officers' extensive searches of the house.

Charlie was reportedly on a workout regimen that had him exercising twice a day, the petition said. Charlie said he had to complete the workout "in under an hour or I would have to do it again."

The 12-year-old also reported times "when he was in too much pain to complete his workout due to being hit with the PVC pipe on his feet," according to the petition. Bothuell has denied the abuse allegations.

Magidson, who represents Dillard-Bothuell, said last week that his client "never harmed that child whatsoever."

Neither Bothuell nor Dillard-Bothuell have been charged and police said Wednesday that a warrant request had not been turned over to the Wayne County Prosecutor's Office yet.

Tuesday, June 17, 2014

DASTARDLY DADS FROM THE ARCHIVES (Dubuque, Iowa)

The mother was finally successful in this case, but in too many cases, the mothers and children never get justice. It took THREE YEARS in this case. And the molesting father, MICHAEL KONZEN, had JOINT CUSTODY for much of that time, despite a preponderance of evidence against him.

Once again, we see yet another success of the fathers rights movement and their handpicked cronies, like JUDGE MONICA ACKLEY who needs to be driven off the bench for corruption and/or incompetence.

http://www.desmoinesregister.com/article/20120527/BASU/305270034/Basu-Living-hell-finally-ends-Dubuque-mother?utm_source=hootsuite&utm_campaign=hootsuite

Basu: 'Living hell' finally ends for Dubuque mother

May 26, 2012

Written by Rekha Basu

Justice doesn’t always arrive in the form of revamped laws or sweeping changes in policies. Sometimes it trickles in as a technical correction.

For Emalee Goedert, a narrowly tailored Iowa Court of Appeals ruling Wednesday ended what she describes as a “living hell” in her ongoing efforts to protect her children. The girls alleged that their father had touched them improperly on multiple occasions. The court canceled the rulings by a Dubuque County judge who granted the father joint, unrestricted custody of the girls, and had ordered restricted, supervised contact with their grandmother who brought the allegations to light.

“It’s such a blessing to know that they will be protected,” said a tearful Goedert of her now 5- and 7-year-old daughters. “All I ever wanted was for them to be protected.”

As explored in detail on these pages last Sunday, the girls first alleged molestation by their father, Michael Konzen, three years ago. After an extensive investigation, the Iowa Department of Human Services concluded that the allegations were supported by a preponderance of the evidence. Konzen was kept away from the kids for nearly a year. But after District Judge Monica Ackley, without hearing the evidence of abuse, allowed them back with him, the DHS reversed itself and said the claims against him were unfounded.

The Court of Appeals sidestepped making a judgment on the sex-abuse allegations and focused instead on the fact that Ackley should have stepped off the case once she appointed herself a mediator, at the father’s request. Ackley had recessed an October 2010 custody trial after hearing only from Konzen’s side, as seven witnesses waited to testify that they believed he had abused his daughters. Instead, the judge called the parties into her chambers and told them to settle. “The judge should have recused herself, as she herself recognized, once she participated in settlement negotiations with the parties …” the Appeals Court said.

Because they will no longer stand, the Appeals Court did not get into the merits of Ackley’s questionable later rulings. One of those was to restrict the girls’ access to their grandmother, whom Konzen alleged had planted the idea of abuse in their heads. Another was to bar the girls from getting sex-abuse counseling, based on Konzen’s contention that so-called “victim-based” counseling makes non-victims think they were victimized. A third was to order the girls’ therapy records to be shredded.

The practical impact of the Appeals Court’s decision to vacate Ackley’s orders since Nov. 1, 2010, is that for now at least, Goedert will have sole physical custody of her children, and they will be able to resume therapy. She and her attorneys say any visits with Konzen will be guided by the advice of the therapists and will be supervised.

While that brings an end to one painful chapter for one family, it leaves some troubling questions hanging. We are asked to trust that judges’ rulings are impartial and dictated by the law. Yet this judge appears, at the very least, to have prejudged a situation without having all of the facts, disregarded evidence and professional boundaries, and gone too far in ordering the girls’ therapy records to be destroyed.

Also troublesome is the extent of one judge’s influence to propel other agencies, notably DHS, to change its conclusions. Because of Ackley, the DHS reversed itself on the abuse findings, and subsequent referrals to the department were not founded.

“It’s horribly disappointing to know that this sort of situation can be so strongly misjudged,” Goedert said.

Each part of the system has an independent role to play in child protection, but they seem to have coalesced to leave vulnerable children at risk. If that happened here, how many other claims have been similarly dispensed with?

As this family moves forward, each agency that played a role in what happened should be examining its policies and practices and ensuring that its actions are guided by only one consideration: the best interests of children.

Wednesday, May 28, 2014

Hearing set for dad accused of abusing 11-week-old daughter (Brighton, Michigan)

Disgusting that fathers like Josh Powell get supervised visitation--despite the fact that he was "suspected" in the disappearance (murder) of the mother of their children. Recently we were told that he sexually abused his sons before he managed to murder them during his so-called supervised visitation.

This mom gets supervised--even though she wasn't even home when Daddy went off on the baby. But she is blamed for the actions of another anyway.   And may be charged with neglect, with the only reason being--according to this article--that she repeated Daddy's cover story to the authorities. Bit of a double standard?

Meanwhile, for now at least, dad JOSHUA QUINCY BURNS no longer has visitation. But it appears he did previously.

Daddy coddling at its finest.

http://www.livingstondaily.com/article/20140528/NEWS01/305280013/Hearing-set-for-dad-accused-of-abusing-infant-daughter

Hearing set for dad accused of abusing infant daughter

Brighton man denied request to visit child

May 28, 2014 2:32 AM

Written by Lisa Roose-Church
Daily Press & Argus

A Brighton father accused of abusing his then-11-week-old daughter asked Tuesday for a preliminary exam in the case.

The hearing, set for June 10 in Livingston County District Court, will determine if there is probable cause to send Joshua Quincy Burns to Circuit Court for trial on a charge of second-degree child abuse.

Authorities allege Burns’ daughter suffered “abusive head trauma not consistent” with the parents’ explanation of her injury. A University of Michigan Medical Center physician told authorities that she believes the child is at further risk of physical harm or death if left in the home, according to court records.

According to court records, there is “no clear source” for the infant’s trauma except a March 15 incident when she was in her father’s care at the family’s Fifth Street home.

Court records show the infant’s mother was at a hair appointment and she called her husband, who said he took his hands off his daughter for a brief moment while holding her on his lap.

Burns’ wife told authorities that her husband claimed their daughter “lurched forward” and he caught her on her face. She said when she arrived home that she saw a fingerprint on her daughter’s face and redness around the infant’s eye, court records show.

Burns told authorities a similar story, but the U-M doctor told authorities that the alleged fall — covering a “very short distance with no contact with a hard surface” — was inconsistent with the infant’s intracranial and ophthalmologist injuries.

The doctor noted that any bruising on an infant who is preambulatory is “highly suspect for physical abuse,” according to court records.

The infant, now 4 months old, has been placed in the custody of the Department of Human Services pending the outcome of an abuse/neglect case filed against both Burns and his wife. The neglect/abuse case is set for trial in July.

Burns’ wife has supervised visitation with her daughter, but Burns’ visitation rights have been suspended, according to court records.

His attorney asked the judge Tuesday to allow him to visit with his daughter, but Assistant Prosecutor Daniel Rose opposed the request.

Rose said Burns was home alone with his daughter when the injuries allegedly occurred and as a result, the infant has suffered bleeding on her brain.

“She will have ongoing brain trauma,” Rose said.

The judge denied the defense’s request.

Thursday, May 15, 2014

Child refusing to leave with dad during eviction leads to dad being arrested for domestic violence, child abuse (Yukon, Oklahoma)

A very perceptive and fast-thinking deputy here. Too bad his actions caused the mother to lose her daughter to DHS. Hopefully the Mom will get custody back. It is ridiculous to punish the victims of domestic violence in this way.

Dad is identified as BRADLEY SCROGGINS.

http://www.koco.com/news/child-refusing-to-leave-home-with-father-leads-to-arrest-canadian-county-deputies-say/25950408

Child refusing to leave home with dad leads to arrest, Canadian County deputies say

Bradley Scroggins arrested on multiple complaints

UPDATED 2:46 PM CDT May 13, 2014

YUKON, Okla. —A Yukon man was arrested Friday afternoon on complaints of domestic violence and child abuse after a deputy serving eviction papers became suspicious, according to the Canadian County Sheriff’s Office.

Bradley Scroggins, 32, voluntarily vacated a home in N.E. Canadian County when a deputy served him eviction papers about 8:30 a.m. Friday, investigators said.

The deputy then entered the home to ensure no other persons were present and located Scroggins’ spouse and a child in an upstairs bedroom, according to authorities.

The deputy said he asked the child, "Would you like to leave with Daddy," referring to Scroggins. The child repeatedly said, "No." Before the mother responded, the deputy became suspicious and went outside to catch up with Scroggins, authorities said. The deputy said he located Scroggins and placed him in the rear of his sheriff’s cruiser until investigators could arrive.

"The fact that the child was so adamant about not leaving with her father caused my deputy serious concern to the point he believed a crime had been committed. My deputy immediately caught up with Scroggins and placed him in investigative detention," said Canadian County Sheriff Randall Edwards.

Once investigators arrived on the scene, they said they took statements from both the mother and child. Investigators the two told of a long history of domestic violence and child abuse they said had been occurring in the home, deputies said. Authorities said they were told Scroggins smoked marijuana in the presence of his children on a regular basis.

Additional information was obtained indicating Scroggins had attacked his wife on March 12 authorities said. According to the wife, Scroggins allegedly struck her in the head with a barstool, knocking her to the floor. When the daughter ran to the mothers aid, Scroggins allegedly turned on his daughter, picking her up by the throat while she was crying, investigators said.

"The deputies who interviewed the victims have extensive training and experience in conducting forensic interviews of children who have fallen prey to this type of abuse. I will do everything within my power to protect these innocent lives from the monsters who would do them harm," said Edwards.

The children were placed into the protective custody of the Department of Human Services, and Scroggins was transported to the Canadian County Jail, according to deputies.

Scroggins is facing multiple charges and his bond was set at $36,000.

Tuesday, May 6, 2014

Dad "suspected" in death of 1-year-old daughter is fighting for custody of surviving 3-year-old son (Kalamazoo, Michigan)

Was JARROD ELLIOT a custodial dad at the time of his 1-year-old daughter's death under, supposedly, "inconclusive" circumstances? This account is vague in the extreme, but it sure sounds like this was the case.  

Some questions:

1) If Elliot did have custody, how did this father gain and retain custody despite previous allegations of child abuse?

2) Why do the police continue to drag out the "investigation" of this case and refuse to press charges? Who is responsible?

3) Why is DHS back pedaling on everything?

At first they conceded he was, at minimum, "neglectful," in the baby's death, but then they suddenly backed off and said the autopsy was "inconclusive."

At first, they wanted to terminate his parental rights, and now they're big on a "custody plan" that would protect his rights to the son he hasn't killed yet?

What the hell? Who is protecting this father and why?

And even if Daddy's BS story was right, this guy is an idiot. Swinging around a 1 year-old hard enough to kill her?

Something pretty sucky is going on in Michigan, and it sounds like entrenched fathers' rights  influence and deal pedaling. Somebody is protecting and helping this loser, big time.

http://wwmt.com/shared/news/features/top-stories/stories/wwmt_custody-decision-delayed-father-after-pavillion-township-toddlers-death-20686.shtml#.U2lqWNfD9Yc

Custody decision delayed for father after Pavillion Township toddler's death

Updated: Tuesday, May 6 2014, 04:36 PM EDT

KALAMAZOO, Mich. (NEWSCHANNEL 3) - A West Michigan man is back in court just six months after his small child died while under his care.

Jarrod Elliot was in Kalamazoo County Family Court Tuesday, continuing the custody battle for his 3-year-old son Jaydin.

The move to suspend parental rights comes six months after his daughter, 1-year-old Ava Jones, passed away in November of last year.

Investigators say Elliot was with Ava the night she was found dead in her crib at a mobile home in Pavillion Township.

The judge put off a decision Tuesday, until more reports could be gathered on the case.

Meanwhile, there was a big show from little Ava's family outside the courthouse, claiming Elliot is responsible for her death.

The childrens' mother, Emily Jones, along with her family, made their presence known outside the court.

"I want her story to be known, because it's not fair," Jones said.

While the group made themselves heard, the hearing was postponed until a trauma report on Jaydin was submitted by a child psychologist.

There were big changes in court, however, for the petitions in the case.

Originally the Department of Human Services, claimed Elliot was neglectful in regards to Ava's death, but that petition was changed to show her autopsy was inconclusive.

The second petition called for a termination of Elliot's parental rights, but Tuesday, DHS amended it to show the state is willing to work out a custody plan.

"I got what I want, but at the same time, I didn't," Jones said. "We were hoping to terminate his rights."

Elliot says he was rough-housing with Ava, and she hit her head while being swung around.

But Jones doesn't believe that story.

"It's very hard, because she was my little girl," Jones said. "She was very loved."

Elliot's attorney says there's no proof that Ava's father caused her death, and the action in court Tuesday reflects that.

He says Elliot has been deeply affected by this, and is fighting for his rights to see Jaydin.

Ava's family says they don't believe this has been investigated properly, and are frustrated with the legal system, especially considering Elliot was investigated for child abuse before Ava's death.

"I hope he will come to an end and admit what he did," Jones said. "She was very loved."

No criminal charges have been filed against Elliot, because the Kalamazoo County Sheriff's Office is still investigating.

The case will pick back up next month.