Kentucky CPS Files Are Public Records

A Kentucky judge has ruled that the files of that state’s child-protection system are public records, allowing the Lexington Herald-Leader newspaper access to the Cabinet for Health and Family Services’ (CHFS) case files of children who were killed or critically injured as a result of abuse and neglect in 2009 and 2010.

One of those files revealed the tragic story of two-year-old Kayla Mosley who found her parents' stash of pills. She ate enough pills for an acute drug overdose and had been dead several hours when she was found by her "drug-addled" parents.

Another case file describes how four-year-old Nathaniel Knox arrived at the hospital with a skull fracture, bruises all over his body, and an adult-sized bite mark on his arm. Nathaniel's mother told doctors that he had fallen off a low deck and hit his head. But his mother's story did not square with Nathaniel's injuries. One doctor said that it would have taken "tremendous force" to crack the toddler's skull, and lesions on his retinas indicated previous beatings. Nathaniel died on August 1, 2009.

The Herald-Leader's analysis of the CHFS files released so far found that: 

• children age 4 and younger accounted for 37 of the 41 deaths 
• toddler boys are killed more often than girls
• men are more likely to be the perpetrators
• at least one adult was a high-school dropout in homes where a child died from abuse or neglect

ABCs of Elder Abuse

It started with Rodney Chapman mowing Gwendolyn Swank's lawn and doing handyman jobs around her mobile home. They lived across the street from each other in a mobile home park in Pemaquid, Maine, which has the oldest median age in the country. Chapman became Gwendolyn Swank's best friend and worst enemy.

Gwendolyn worked her whole life as a bookkeeper and accumulated over $300,000 in assets. Six years after Chapman befriended her, the balance in Swank's retirement nest egg was 37 cents. On June 12th, 85-year-old Gwendolyn was awarded $1.3 million against Chapman who is serving a five-year sentence for theft and has no ability to pay the judgment.

According to Detective Robert McFetridge who specializes in elder abuse cases, this case followed the ABCs of how to steal money from an elderly person, "A, befriend them. B, slowly start making them dependent on you. C, isolate them from other people. D, take everything they own."

After befriending her, Chapman convinced Gwendolyn to invest in an auto repair and recovery business which she's not sure ever existed. Then Chapman learned that Gwendolyn was scared about illegal drug activity in the area so he fed her fear by pounding on her trailer at night, telling her to stay inside, took her phone away, and restricted visitors and the use of her car, telling her it was for her own safety.

McFetridge investigated the case and said, "In my opinion, it's just as serious as if he had beaten her within an inch of her life … By the time we intervened, she was down to living on peanut butter and rice cakes. She was really a prisoner in her own home."

Tips for protecting yourself against elder abuse:

• Stay socially active and engaged
• Do not let anyone rush or pressure you into signing a document, purchasing something, or giving away your money or property
• Build relationships with the professionals who advise you or handle your money
• Avoid joint accounts
• Powers of attorney are useful and important tools, but can be misused

Click here for a directory of state helplines and elder abuse prevention resources.

Grandmas Do Cry

Four middle-school students received a one-year suspension from school for bullying a 68-year-old bus monitor to tears. The ugly episode was caught on cell phone video (warning: language), recording the boys' relentless taunts about Grandma Karen Klein's girth.

One student's words were especially cruel saying, "You don't have a family because they all killed themselves because they don't want to be near you."  Klein's oldest son committed suicide ten years ago.

Once the video went viral, the public outcry fueled a fund raiser to raise $5,000 for Klein to take a nice vacation – the result was an astonishing $667,000.

When asked about the bullies' punishment, Klein said the best part was "that they have to do community service for senior citizens." And, because the video went viral, "it's putting people into action, making them talk to their children, making them teach them what they should not do."

Bad Apples

A third grader was forced to undress and school officials scrubbed his body in the shower because he "smelled badly, was dirty and … had bad hygiene." His parents have sued the Peaster School District outside Fort Worth, Texas, alleging that their son now is in therapy, distraught about being dirty or smelling badly, and showers compulsively.

Meanwhile, in a kindergarten class near San Antonio, Texas, the teacher lined up the classmates and instructed them to hit six-year-old Aiden to "teach him why bullying is bad." Some students didn't want to hit Aiden but were afraid to disobey their teacher. Then one student hit Aiden hard in his upper back and the teacher intervened. Apparently, Aiden's teacher was following the advice of a more experienced colleague and both are now on paid administrative leave. Aiden's mother has filed a police report against the teachers for bullying her son.

No one from either school contacted the children's parents first to try and resolve these issues before crossing the line from teachable moment to criminal and civil liability.

Flirting With Disaster

Skout is an app designed for flirting between adults. Users exchange photos, messages, and virtual gifts. It has GPS that allows people to connect with strangers that are nearby, and its popularity is growing with millions of new users each month.

Its growth also attracted $22 million in financing from one of Silicon Valley's leading venture capital firms which cited Skout's safety and security protocols as a major reason for the investment. For example, the GPS location feature is an opt-in and approximates a user's location within half a mile. Skout also monitors the app for illicit and violent behavior, nude photos, inappropriate sexual messages, profanity, spamming, and copyright infringement.

After learning that children were using its adult app, the company started a separate service with parental controls for 13- to 17-year-olds. 

However, the minors’ app and "creepinator" technology were not enough to keep out child predators who have been accused of sex crimes against children they met using Skout:  a 15-year-old Ohio girl, a 12-year-old California girl, and a 13-year-old Wisconsin boy were sexually assaulted by adult men posing as teenagers on Skout.

Skout's founder calls these cases "a five-alarm fire" and says, "The entire company is re-evaluating everything it's doing."

Costly Reporting Delay

A kindergarten teacher in Wichita, Kansas, was forced to resign and her teaching license was revoked because she delayed reporting suspected child abuse to authorities.  Donna Ford had taught for 17 years when she failed to comply with her school's policy requiring her to report suspected abuse "on the same day the suspicion arises."

Apparently, Ford informed the school principal, social worker, and counselor about her suspicion that a 6-year-old girl in her class was being abused by a teenager who was living in the child's home.  However, when she tried to report her suspicions to state authorities, her computer malfunctioned and it was over a week later when she finally submitted her report  — after the girl's mother advised Ford and other school officials that the teenager no longer lived with them.

Ford's supporters say she was unfairly punished, while a national support group for abuse victims called it "a powerful statement that protecting children is not something to be taken lightly."

In our previous post, we wrote about the Connecticut Supreme Court case that denied a school principal the right to sue after being fired for reporting child abuse.  When confronted with conflicting laws, policies, and people's reactions to child abuse, these cases remind us to keep focused on the children:  as a spokesperson for the Kansas Department of Social and Rehabilitation Services said, "When you're talking about the well-being – and survival, in some cases – of a child, it's better to err on the side of caution."

Can Report But Can't Sue

All 50 states, the US territories, and the District of Columbia provide legal immunity from lawsuits or criminal prosecution for reporting suspected child abuse. In addition, many states also protect employees who report abuse from workplace retaliation.

While some states make it relatively easy for employees to sue to enforce their rights, others may require a state agency to take legal action.

One Connecticut school principal learned this lesson the hard way. Under Connecticut law, employers are forbidden from retaliating against an employee who reports suspected child abuse. If they do, the law authorizes the state Attorney General to sue the employer.

So, when principal Carmen Perez-Dickson was demoted and later suspended after reporting two incidents of suspected child abuse, she sued the school board for retaliation. After a trial, the jury awarded her over $2 million.

Unfortunately for the former principal, the Connecticut Supreme Court overturned her verdict. Although Perez-Dickson was correct in principle that she could not legally be fired for reporting abuse, she erred by assuming that she could sue to vindicate her rights. Instead, the Court ruled that only the Connecticut Attorney General was legally authorized to prosecute employers who retaliate against employees for reporting child abuse. [Perez-Dickson v. Bridgeport (CT 2012)]