Friday, February 18, 2011

Kansas AG reports caseworker acted with ill will.

I happens rarely, but sometimes we will find a government agency or official who actually looks into wrongdoing by child welfare agencies, and even tries to hold wrongdoers accountable. 

I am reminded of a case in Ohio several years ago, where the mother was the victim of a false report of child abuse during a domestic relations custody dispute. Dad turned her in in order to resolve the custody dispute in his favor. Dad evidently turned the caseworker's head, and they developed an intimate relationship. Very intimate. All the better for the caseworker to overlook dad's abuse of the children he took from mom.

Naturally, all the bad that dad did was not reported to the court by this very affectionate caseworker. She saw the dirty deeds, she participated in them. She just didn't report them. She was also in a position to make false reports to the court about mom, and since, as we saw in the last article, the court tend to believe the experts, the court ruled against mom.

Mom's attorney did not regularly practice child welfare law, and consulted with AFAC to assist him with managing this case. He ultimately won, but was so outraged by the blatant violations perpetrated against the children and the mom, decided to run for district attorney. He won that race.

He then proceeded to prosecute the caseworker and the dad and dad's family, for criminal violations. But, since he was also a witness to the crimes, he had a conflict of interest. He resolved that by appointed a special prosecutor, who issued warrants, conducted his investigation and convened a grand jury.

The grand jury indicted the caseworker and the dad on multiple counts of felony violations associated with the administration of the child welfare case. The grand jury were reported as saying that they regretted not being able to indict them on more, because the prosecutor didn't ask for more charges.

Then, suddenly, without any explanation, as so often happens, the special prosecutor exercised his discretion and declined to prosecute. Mom was left in without remedy for the government abuse and conspiracy committed against her and her children.

Mom couldn't sue. Dad had nothing, The caseworker and the agency have immunity from civil liability. These agencies and actors have immunity to insure they can exercise their discretion without worrying about being sued. The courts and the legislatures reason that if a caseworker really does anything criminal, she can still be tried and convicted. Yeah. Right.

Prosecutors virtually never bring criminal charges against caseworkers who commit wrongful acts in the course of their official duties. Not even when presented with a list of victims and violations at a press conference. Not even when the caseworkers abuse the children they adopt, and yes, Virginia, they get the pick of the litter for adoptions.

Courts will virtually never do anything about the perjury caseworkers commit on the stand in the name of the "best interests of the child." In fact, in Laramie County, Colorado, if a judge even considers finding a caseworker in contempt for proven perjury or ordering the DA to prosecute, the caseworker's supervisor is known to jump up in the gallery and call out, "Immunity, Your Honor," which has proven sufficient to get His Honor to back down from holding the caseworker accountable for violating the dignity of the Court with her lies. His Honor won't even rule against the agency, in spite of those lies being proven false in court. Perhaps he is concerned about that caseworker removing his kiddies or grandkiddies? A little quid pro quo goes a long way in these cases.

Are these professionals really that petty and vidictive? A lawsuit in Kansas is proving they are. Stay tuned for the details.

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