Tuesday, December 28, 2010
Wednesday, November 24, 2010
Has your family been victimized by CPS?
Click on the link to
be on the Dr Phil Showhttp://www.drphil.com/plugger/respond/?plugID=14442
Monday, November 22, 2010
GAO investigating drugging of children
At the request of Congress, the Government Accounting Office (GAO) is seeking information regarding cases in which state foster children have been prescribed psychotropic medication outside of federal regulations or accepted medical standards of practice.
Scott Clayton, Analyst of the Forensic Audits and Special Investigations of the GAO stated Sunday:
"These cases may include very young foster children prescribed certain kinds of psychotropic drugs, children prescribed psychotropic drugs in dosages that exceed accepted standards, children prescribed psychotropic drugs for purposes other than a medically accepted indication, or children taking numerous psychotropic drugs concurrently."
If you have information about state foster children being prescribed psychotropic medication outside of regulatory and/or medical guidance and are willing to provide details, please e-mail GAO at FosterKids@gao.gov
Thursday, November 11, 2010
Wednesday, November 10, 2010
Tuesday, November 9, 2010
JUSTICE FOR FAMILIES AND CHILDREN
Sign the Petition
Sign the Petition
http://www.rallycongress.com/justice-for-families-and-children/3673/justice-families-children/
Thursday, July 8, 2010
Charges relate to acceptance of adoption subsidies
Missing boy's parents face charges of theft
http://www.kansas.com/2010/07/08/1394893/charges-relate-to-acceptance-of.html#ixzz0t9OPgzko
BY TIM POTTER
The Wichita Eagle
Posted on Thu, Jul. 08, 2010
Doug and Valerie Herrman walk out of the Butler County Jail on Wednesday afternoon after they were booked on charges of felony theft. The couple is charged with claiming their adopted son, Adam Herrman, as a dependent for years after he disappeared in 1999.Fourth-grade photo of Adam Herrman released by the Butler County Sheriff's Department 01/05/2009. Herrman was last seen in 1999 when he was 11 or 12 years old. An investigation is proceeding in the case.· Read previous coverage of the Adam Herrman case at our special section·
Herrmans booked on theft charges·
Read the charging complaint against Douglas Herrman·
Read the charging complaint against Valerie Herrman·
Doug and Valerie Herrman charged with felony theft
**********************************************************
Herrmans booked on theft charges
Click here to see the video in full screen or to e-mail to a friend.
**********************************************************
Doug and Valerie Herrman charged with felony theft
Click here to see the video in full screen or to e-mail to a friend.
EL DORADO — The Adam Herrman mystery entered a new chapter Wednesday when a prosecutor charged Herrman's adoptive parents with a crime related to his disappearance more than a decade ago.In announcing that she was charging Doug and Valerie Herrman with felony theft over adoption subsidies they allegedly accepted for years after he disappeared, Butler County Attorney Jan Satterfield continued to call the Herrmans suspects in something more serious — the disappearance and presumed death of the boy.Authorities didn't learn of the 11-year-old's disappearance from his Towanda home until December 2008 — more than nine years afterward. There still is no trace of him."The Adam Herrman homicide investigation continues," Satterfield said in a statement she read during a news conference at the county courthouse. "A prosecution for murder may be commenced at any time."Speaking of the felony theft charge each of the parents face, she said, "This is not the beginning and end. This is just the beginning for the Herrmans."The theft charges are related to the alleged fraudulent receipt of $52,800 in government assistance for Adam's care. The couple continued to submit subsidy forms saying the boy lived in their home and continued to claim him as a dependent on their income tax returns and in court documents for six years after his disappearance , the charges state.Trevor Riddle, an attorney representing Doug Herrman, said in a brief statement that the theft accusation is a "technical financial charge" and that the Herrmans will plead not guilty and "vigorously seek dismissal" of the charges.Riddle declined to respond to Satterfield's comments about the homicide investigation.The Herrmans, in their 50s, each posted a $50,000 bond on the theft charges late Wednesday afternoon after voluntarily reporting to the Butler County Jail in response to warrants issued against them. As they left the jail, they walked, holding hands, to a car with an Oklahoma license tag and a bumper sticker reading "Real men pray."They face a first appearance on the charges in Butler County District Court at 1:30 p.m. Wednesday.Authorities don't think the Herrmans are a flight risk, Satterfield said. She said they no longer live in Kansas but declined to say where they reside.Authorities have been aware of the Herrmans' location and "have kept an eye on them," Satterfield said.The charges were filed Wednesday to avoid questions of whether the five-year statute of limitations on the charges has expired. According to Satterfield, the Herrmans allegedly cashed the last state adoption subsidy check on July 8, 2005 — six years after Adam's disappearance.There is no statute of limitations for homicide, Satterfield noted.Regarding the homicide investigation, Satterfield said, "There has been a lot of things going on in the case behind the scenes. We are proceeding cautiously."She announced that she has appointed Kevin O'Connor, a former Sedgwick County deputy district attorney, as a special prosecutor on the Adam Herrman case.She and O'Connor stressed that the investigation has not been forgotten."We're talking about a little boy," O'Connor said.Satterfield has previously said that a grand jury could be convened to review the case and decide whether to issue indictments. On Wednesday, she said a grand jury could take up the case anytime within the next several months.There continues to be no credible information that Adam is alive, Satterfield said.He would be 23.Satterfield, who is running for a judgeship, said that she has no doubt that whoever ends up being the county attorney will continue to pursue the case.As it stands, she said, "Our burden will be how he died" and who did it.No trace of Adam has been found despite intensive searches of the Towanda mobile home park where the family lived and an area around the Whitewater River.The couple adopted Adam when he was about 2.In an interview with The Eagle early last year, Valerie Herrman said that in early May 1999, when Adam was 11, he ran away from their mobile home and didn't return after she spanked him with a belt. She said she didn't report him missing because she feared it would cause her and her husband to lose custody of Adam and their other children.Relatives said that Valerie Herrman told them that Adam, who was being home-schooled, had been returned to state custody.His disappearance came to light in late 2008 after an adoptive sister said she tried to find him to apologize for the way he had been treated growing up.After she expressed concerns about him to authorities, Butler County investigators began digging in the mobile home park, searching for human remains. Using search dogs, they also probed in woods along the Whitewater River.
Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com.
Read more: http://www.kansas.com/2010/07/08/1394893/charges-relate-to-acceptance-of.html#ixzz0t9OZjErJ
********************************************************
Adoptive Parents of Adam Herrman post bond.
The DA in Butler County, Satterfield, said she is still pursuing a homicide investigation and considers the Herrmans as suspects in the death of Adam Herrman.
http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.kwch.com%2Fvideobeta%2Fwatch%2F%3Fwatch%3D718e3b6e-cfae-444b-9cdd-1adf048b0799%26cat%3Dempty%26src%3Dfront&h=a787e0n_4ot420YCH3Pl9kh2jQA
********************************************************
Adam's family happy with charges; wants more answers
http://www.kwch.com/news/kwch-news-cej-herrman-grand-jury-basics,0,5207704.story
BUTLER COUNTY, Kansas –
Adam Herrman’s biological family is reacting to news that fraud charges have been filed against his adoptive parents. "I would have liked for this to have happened a long time ago,” said Tiffany Broadfoot, Adam’s biological sister. Charges were filed Wednesday against Doug and Valerie Herrman, Adam’s adoptive parents. But they weren’t charges Adam’s biological family had been hoping for. It’s been two-and-a-half years since Adam’s biological family discovered that the boy they believed was living a normal life in Butler County had been missing for nearly a decade. "That's our biggest concern -- where is he, what happened, why didn't we find out about it sooner?” said Tiffany. They are questions that still remain unanswered despite the fact that Adam’s adoptive parents have been charged in the case. Prosecutors charged them Wednesday with fraud for accepting more than $50,000 in government money for Adam’s care for six years after he disappeared. "I'm glad there's finally going to be some movement on the case,” said Irvin Groeninger, Adam’s biological father. Prosecutors maintain this is just the beginning. The Herrman’s are still suspects in the disappearance and possible murder of the boy. And a grand jury on more serious charges could convene at any time. "That part makes me really excited that they're not just going to give up on it, they're not just going to bring them up on fraud charges and push them under the table,” Tiffany said. “It's a constant reminder that we're still out here and we're still looking and you’re still busted.” Still, both Tiffany and Irvin say they are getting impatient as they wait for answers. "I'm hoping this will lead to what happened, what led to his disappearance, where he went, what happened to him,” said Irvin. “I want him to come home alive or dead. I would like him to come to Indiana and be with me."The attorneys for Doug and Valerie Herrman maintain the couple had nothing to do with the disappearance of the Adam. They are scheduled to be back in court later this month.
********************************************************************
How murder charges could be filed against Herrmans
http://www.ksn.com/news/local/story/Adams-family-happy-with-charges-wants-more-answers/9uBdJXtg-UOwRE36O49kxA.cspx
5:07 p.m. CDT, July 8, 2010
BUTLER COUNTY, Kan. —
Fraud charges have been filed, but prosecutors want more. Doug and Valerie Herrman turned themselves in Wednesday to the Butler County Jail and bonded out later in the afternoon. They're charged with welfare fraud for allegedly accepting state payments even though their adopted son, Adam Herrman, had disappeared years earlier.Adam Herrman, 11, was last seen in 1999. Two family members contacted SRS in 2008 after trying to locate him.Though searches by the Butler County Sheriff didn't turn up Adam's body, prosecutors believe the boy was killed. Butler County Attorney Jan Satterfield plans to pursue homicide charges.For now, Satterfield says she hopes to present her case to a grand jury sometime this fall.By law, prosecutors need a majority of judges in their district to agree to convene a grand jury. In Butler County, that would mean three out of four judges. Then, Satterfield would present evidence to 15 jurors, all members of the public. Prosecutors need 12 to agree to indict the Herrmans on some type of homicide charge.Jack Focht, a Wichita attorney and former prosecutor, has convened grand juries before and prosecuted the nation's first bodiless murder case in 1976.Focht says the old attorney saying goes that prosecutors could get a grand jury to indict a ham sandwich if they wanted to. However, he believes the Herrman case will be a difficult one for prosecutors, assuming it goes to trial."Sometimes, a grand jury is utilized as a sounding board saying this is all we've got," says Focht. "Do you think this points to it? Then you get a sense of the community perhaps."Satterfield says the ability to see how members of the public react to her evidence will be important, and that's part of why she's looking into a grand jury. It would also give her an idea whether potential jurors would want more information or evidence at trial. Grand juries can act as investigative bodies, too, by subpoenaing more witnesses or evidence.The Herrmans have previously told Eyewitness News that Adam ran away in 1999, and they didn't report him missing for fear they'd lose their other children to state custody. They're expected back in court Wednesday for a first appearance on the welfare fraud charges.
***************************************************
Previous coverage from the Adam Herrman case:
http://www.kansas.com/adam/
Saturday, June 5, 2010
Youthville Has A Preference For Military Families To Keep Foster Children
http://www.wichita.gov/NR/rdonlyres/B6982FFB-5B24-45C9-ADEA-47729E3EA2B9/0/DABVFeb2008minutes.pdf
District V Advisory Board
Meeting Minutes
February 04, 2008
www.wichita.gov
The District V Advisory Board Meeting was held at 6:30 p.m. at the Auburn Hills Golf Course Clubhouse, 443 S. 135th St. W. In attendance were 8 District Advisory Board members, 5 staff and 2 citizens with 1 signing in.
Karen Lippoldt, Youthville, presented on Multi-Dimensional Treatment in Foster Care (MDTFC). The program started in the mid 1980’s. This is the only program of its kind in the Midwest. It is a 6-9 month program with a year of follow up care. She shared a packet of more detailed information on the program; how MTFC is different than other foster care programs; MTFC objectives; What MTFC can offer the community; a cost effective analysis; and contact information. She asked that if anyone is interested in becoming a foster family or knows of a child who may need this care to please contact her.
Ellzey asked where these foster children attend school. Lippoldt responded in neighborhood schools or day schools depending on their situation/ needs.
Brown questioned an earlier comment made by Lippoldt; " We especially like Military families willing to take teenagers". Lippoldt clarifies that they like ex Military families because they tend to be more stringent and less likely to form an emotional bond.
David Dennis asked about what happens at the end of the 9-month program when they re enter into their old environment. Lippoldt responded that they receive a year of follow up care. The children usually return to their birth parent home, long term foster care or become independent due to their age.
Ellzey asked about the ages of the children in this program. Lippoldt responded they have youth as young as 11 soon to turn 12 up to age 18.
Pat Ream asked whether there are female youth in the program. Lippoldt responded that about ½ of the children are females. The boys have an easier buy in to the "rules" of the program and the girls are more stubborn.
District V Advisory Board
Meeting Minutes
February 04, 2008
www.wichita.gov
The District V Advisory Board Meeting was held at 6:30 p.m. at the Auburn Hills Golf Course Clubhouse, 443 S. 135th St. W. In attendance were 8 District Advisory Board members, 5 staff and 2 citizens with 1 signing in.
Karen Lippoldt, Youthville, presented on Multi-Dimensional Treatment in Foster Care (MDTFC). The program started in the mid 1980’s. This is the only program of its kind in the Midwest. It is a 6-9 month program with a year of follow up care. She shared a packet of more detailed information on the program; how MTFC is different than other foster care programs; MTFC objectives; What MTFC can offer the community; a cost effective analysis; and contact information. She asked that if anyone is interested in becoming a foster family or knows of a child who may need this care to please contact her.
Ellzey asked where these foster children attend school. Lippoldt responded in neighborhood schools or day schools depending on their situation/ needs.
Brown questioned an earlier comment made by Lippoldt; " We especially like Military families willing to take teenagers". Lippoldt clarifies that they like ex Military families because they tend to be more stringent and less likely to form an emotional bond.
David Dennis asked about what happens at the end of the 9-month program when they re enter into their old environment. Lippoldt responded that they receive a year of follow up care. The children usually return to their birth parent home, long term foster care or become independent due to their age.
Ellzey asked about the ages of the children in this program. Lippoldt responded they have youth as young as 11 soon to turn 12 up to age 18.
Pat Ream asked whether there are female youth in the program. Lippoldt responded that about ½ of the children are females. The boys have an easier buy in to the "rules" of the program and the girls are more stubborn.
School is "Nonexistent" for Youthville Foster Children
http://www.clearwaterks.org/DocumentView.aspx?DID=66
Presentation on Youthville – Foster Homes
Karen Lippoldt Foster Care Recruiter/Trainer, representing Youthville addressed the Council. Lippoldt distributed to each Council Member a packet of information on Youthville. Lippoldt stated that Sedgwick County is in a crisis situation with foster kids. There are an abundance of children coming into care and not enough homes. Lippoldt continued to state that she has been going to Council meetings in all the out lying communities in Sedgwick, Sumner, Harper, Butler, and Cowley Counties trying to get more homes. The biggest concern is the teenagers that live day to day in a different facility. According to state regulations a child can only live in a residential facility for 90 days after that they have to leave and a place has to be found for them. These kids spend their days at Youthville waiting for a home and go from one emergency home to another. For most of the kids schooling is nonexistent. Lippoldt stated that most of the kids want to go to school, want to have friends, and want consistency in their lives. Lippoldt stated that there are approximately 1,400 kids in foster care right now and there are only about 250 homes available, and a home can only have four kids at a time. Lippoldt requested for everyone to think of people that might be willing to try foster care and she stated that she would speak to any group that might have an interest in the Foster Care Program.
Presentation on Youthville – Foster Homes
Karen Lippoldt Foster Care Recruiter/Trainer, representing Youthville addressed the Council. Lippoldt distributed to each Council Member a packet of information on Youthville. Lippoldt stated that Sedgwick County is in a crisis situation with foster kids. There are an abundance of children coming into care and not enough homes. Lippoldt continued to state that she has been going to Council meetings in all the out lying communities in Sedgwick, Sumner, Harper, Butler, and Cowley Counties trying to get more homes. The biggest concern is the teenagers that live day to day in a different facility. According to state regulations a child can only live in a residential facility for 90 days after that they have to leave and a place has to be found for them. These kids spend their days at Youthville waiting for a home and go from one emergency home to another. For most of the kids schooling is nonexistent. Lippoldt stated that most of the kids want to go to school, want to have friends, and want consistency in their lives. Lippoldt stated that there are approximately 1,400 kids in foster care right now and there are only about 250 homes available, and a home can only have four kids at a time. Lippoldt requested for everyone to think of people that might be willing to try foster care and she stated that she would speak to any group that might have an interest in the Foster Care Program.
Friday, June 4, 2010
M. Jill Dykes GAL, Topeka, Kansas
"Court Appointed Child Abuser"
1243 SW Topeka Blvd.,Suite B, Topeka Kansas 66617
PH:(785)266-8664
http://www.jilldykes.blogspot.com:80/
If you do not like what is being exposed about you and your corrupt system then do the right thing and stop abusing your power and feeding your ego! We have the right to expose any government entity for fraud, abuse or neglect. You all cannot shut us all up, we have power in numbers.The wind always blows mightily over Kansas as it has for so long, just ask Dorothy. Now the winds of change are upon the dirty family court system in Shawnee County. Well over a decade a Mother in Kansas has fought the court system and its criminals to have visitation with her daughter. Claudine Dombrowski continues to ask the court to follow the custody guidelines for her visitation time. In February 2010 a miracle happened when the Judge actually adhered and allowed the now teenage daughter to have unsupervised visitation with her Mother with no interference from the father. But the continued problems this Mother and Child face is the Guardian Ad Litem for the child, Jill M. Dykes, who wishes nothing more than to keep Claudine from her child. Instead of trying to assistwith fostering a relationship with the Mother, Dykes wants to stay on this case, she wants more taxpayers money to keep her job.Within the transcript of a hearing held in 2009 Ms. Dykes ineptness and bias against Claudine Dombrowski is evident. In the below transcript Dykes continues to interrupt the judge and fervently tries to prevent the judge from allowing unsupervised visitation. Dykes other favorite thing is to submit overtime to the county for keeping a parent and child separated.
http://www.scribd.com/doc/24383015/2009-January-14-GAL-M-Jill-Dykes-Court-Appointed-Abuser-submits-for-OVERTIME-payhttp://ks-fcrc.com/Documents/Richardson%20v.%20Dombrowski%2096D417%204-6-09%20hearing.pdf
http://www.scribd.com/doc/32128057/2010-Jan-29-Transcript-Hearing-Richardson-v-Dombrowski
Much to the dismay of the court system and specifically Jill M. Dykes this Mother is demanding that the statutes be upheld…otherwise they should terminate her parental rights. It is not something that would be easy for any Mother but perhaps it is the right thing to do, in the best interest of the child and this mother. They have once again started their campaign to end the unsupervised visits. In fact what has been learned by this blogger is that :“if there is any extended visitation time it would evaporate any progress that the mother and child have made.” That is right, you read that right, the court whores are going to make it very difficult for any mother and child relationship. Therefore until justice is given to Claudine and her child, this blog and others will continue to expose the injustices by Shawnee County and those that profit from it. The winds of change are coming Shawnee…and its a BIG one…
watch out for falling houses Jill
"Court Appointed Child Abuser"
1243 SW Topeka Blvd.,Suite B, Topeka Kansas 66617
PH:(785)266-8664
http://www.jilldykes.blogspot.com:80/
If you do not like what is being exposed about you and your corrupt system then do the right thing and stop abusing your power and feeding your ego! We have the right to expose any government entity for fraud, abuse or neglect. You all cannot shut us all up, we have power in numbers.The wind always blows mightily over Kansas as it has for so long, just ask Dorothy. Now the winds of change are upon the dirty family court system in Shawnee County. Well over a decade a Mother in Kansas has fought the court system and its criminals to have visitation with her daughter. Claudine Dombrowski continues to ask the court to follow the custody guidelines for her visitation time. In February 2010 a miracle happened when the Judge actually adhered and allowed the now teenage daughter to have unsupervised visitation with her Mother with no interference from the father. But the continued problems this Mother and Child face is the Guardian Ad Litem for the child, Jill M. Dykes, who wishes nothing more than to keep Claudine from her child. Instead of trying to assistwith fostering a relationship with the Mother, Dykes wants to stay on this case, she wants more taxpayers money to keep her job.Within the transcript of a hearing held in 2009 Ms. Dykes ineptness and bias against Claudine Dombrowski is evident. In the below transcript Dykes continues to interrupt the judge and fervently tries to prevent the judge from allowing unsupervised visitation. Dykes other favorite thing is to submit overtime to the county for keeping a parent and child separated.
http://www.scribd.com/doc/24383015/2009-January-14-GAL-M-Jill-Dykes-Court-Appointed-Abuser-submits-for-OVERTIME-payhttp://ks-fcrc.com/Documents/Richardson%20v.%20Dombrowski%2096D417%204-6-09%20hearing.pdf
http://www.scribd.com/doc/32128057/2010-Jan-29-Transcript-Hearing-Richardson-v-Dombrowski
Much to the dismay of the court system and specifically Jill M. Dykes this Mother is demanding that the statutes be upheld…otherwise they should terminate her parental rights. It is not something that would be easy for any Mother but perhaps it is the right thing to do, in the best interest of the child and this mother. They have once again started their campaign to end the unsupervised visits. In fact what has been learned by this blogger is that :“if there is any extended visitation time it would evaporate any progress that the mother and child have made.” That is right, you read that right, the court whores are going to make it very difficult for any mother and child relationship. Therefore until justice is given to Claudine and her child, this blog and others will continue to expose the injustices by Shawnee County and those that profit from it. The winds of change are coming Shawnee…and its a BIG one…
watch out for falling houses Jill
Kansas Daughter Behind Bars for an SRS 'MISTAKE' Bambi Hazen Fighting for her daughter's RIGHTS
News Story here: http://www.ksn.com/mostpopular/story/Teens-truancy-case-results-in-time-behind-bars/OXYe-548hEGOoTmuUv7ZCA.cspx
News Story here: http://www.ksn.com/mostpopular/story/Teens-truancy-case-results-in-time-behind-bars/OXYe-548hEGOoTmuUv7ZCA.cspx
Thursday, June 3, 2010
http://www.ksn.com/news/local/story/Teens-truancy-case-results-in-time-behind-bars/OXYe-548hEGOoTmuUv7ZCA.cspx
Teen's truancy case results in time behind bars
Last Update: 6:46 pm
WICHITA, Kansas -- Ashton Baker was 11 years old when her family took its last portrait together. Now, 15, her life is a long way from picture perfect.
Late last Friday night, police took her from her mother's home and placed her in the Sedgwick County Juvenile Detention Facility. She didn't see her mother again until Tuesday morning at her first court appearance.
"It's hard for me because I see my daughter in handcuffs and shackles for something she never did when you can see all these other criminals walking the streets on parole and probation," said Bambi Baker-Hazen, Ashton's mother.
It all started back in 2008 when administrators at Wilbur Middle School reported Ashton truant -- even though her mother says the school had a faxed notification from the state that she was home-schooling her.
The family's problems escalated when her father reported that she ran away when she went to her mother's house. The state placed Ashton in the Wichita Children's home where she spent 47 days before running away from there.
The case got national attention after Hazen refused to tell a judge where he daughter was.
"I said, 'Okay, handcuff me,' and they did," she said.
Hazen spent seven days in jail. Now, a year-and-a-half later, court documents show Ashton is being held on those original truancy charges.
Baker says since her daughter has a history of running, she is remaining in custody.
"This is injustice at its best," Hazen said.
But victims' advocates question Ashton's treatment.
"We have a right to speak out and when our rights are taken away, because we speak justice and we're concerned about our family and then this level of retaliation is allowed," said Juanita Blackmon with Justice Keepers of Wichita.
A spokesperson for Sedgwick County says the restraints are standard procedure, and even though Ashton's mother has made the case public, they don't feel it's in the best interest of the child to comment.
Teen's truancy case results in time behind bars
Last Update: 6:46 pm
WICHITA, Kansas -- Ashton Baker was 11 years old when her family took its last portrait together. Now, 15, her life is a long way from picture perfect.
Late last Friday night, police took her from her mother's home and placed her in the Sedgwick County Juvenile Detention Facility. She didn't see her mother again until Tuesday morning at her first court appearance.
"It's hard for me because I see my daughter in handcuffs and shackles for something she never did when you can see all these other criminals walking the streets on parole and probation," said Bambi Baker-Hazen, Ashton's mother.
It all started back in 2008 when administrators at Wilbur Middle School reported Ashton truant -- even though her mother says the school had a faxed notification from the state that she was home-schooling her.
The family's problems escalated when her father reported that she ran away when she went to her mother's house. The state placed Ashton in the Wichita Children's home where she spent 47 days before running away from there.
The case got national attention after Hazen refused to tell a judge where he daughter was.
"I said, 'Okay, handcuff me,' and they did," she said.
Hazen spent seven days in jail. Now, a year-and-a-half later, court documents show Ashton is being held on those original truancy charges.
Baker says since her daughter has a history of running, she is remaining in custody.
"This is injustice at its best," Hazen said.
But victims' advocates question Ashton's treatment.
"We have a right to speak out and when our rights are taken away, because we speak justice and we're concerned about our family and then this level of retaliation is allowed," said Juanita Blackmon with Justice Keepers of Wichita.
A spokesperson for Sedgwick County says the restraints are standard procedure, and even though Ashton's mother has made the case public, they don't feel it's in the best interest of the child to comment.
Saturday, May 29, 2010
Judge won't dismiss grandparent's lawsuit against Social Worker
5/29/10
http://www.ksn.com/news/local/story/Judge-wont-dismiss-grandparents-lawsuit/ID6KIbvztU-OzgVy28DcKA.cspx
WICHITA, Kan. (AP) - A federal judge has refused to dismiss a lawsuit filed by grandparents accusing a social worker of failing to protect a toddler who was beaten to death by her father's girlfriend.
U.S. District Judge Monti Belot ruled Friday that maternal grandparents Larry and Mary Crosetto had enough facts to overcome the state's claim of qualified immunity for social worker Linda Gillen.
The Kansas Department of Social and Rehabilitation Services argued that Gillen had "no duty to intervene" after she investigated a report claiming abuse and neglect of the 23-month-old Coffeyville girl, who died in 2008 as a result of head injuries.
The Crosettos sued Gillen in January, accusing her of gross negligence for not protecting their granddaughter despite repeated complaints alleging abuse. The suit does not name the agency as a defendant
http://www.ksn.com/news/local/story/Judge-wont-dismiss-grandparents-lawsuit/ID6KIbvztU-OzgVy28DcKA.cspx
WICHITA, Kan. (AP) - A federal judge has refused to dismiss a lawsuit filed by grandparents accusing a social worker of failing to protect a toddler who was beaten to death by her father's girlfriend.
U.S. District Judge Monti Belot ruled Friday that maternal grandparents Larry and Mary Crosetto had enough facts to overcome the state's claim of qualified immunity for social worker Linda Gillen.
The Kansas Department of Social and Rehabilitation Services argued that Gillen had "no duty to intervene" after she investigated a report claiming abuse and neglect of the 23-month-old Coffeyville girl, who died in 2008 as a result of head injuries.
The Crosettos sued Gillen in January, accusing her of gross negligence for not protecting their granddaughter despite repeated complaints alleging abuse. The suit does not name the agency as a defendant
May 29, 2010
Bambi Hazen On
"The CPS Chronicle"
Discusses How Her Daughter
Was Arrested Again
Listen to internet radio with The CPS Chronicles on Blog Talk Radio
It Just NEVER Ends In Sedgwick County!
BAMBI HAZEN IS CIRCULATING AN EMAIL WHICH STATES THE FOLLOWING:
Sent: Saturday, May 29, 2010 12:25 PM
Subject: BAMBI HAZENS DAUGHTER ARRESTD AGAIN BY THE SAME OFFICER THAT TOOK HER FROM HOME
THIS IS BAMBI HAZEN,
OFFICER NAGY CAME TO MY HOUSE IN WICHITA KANSAS LAST NIGHT FRI MAY 28TH AND ARRESTED ASHTON AS A RUNAWAY (OF COURSE ON A HOLIDAY WEEKEND) I AM ASKING FOR SUPPORT FOR THE COURT HEARING THAT WILL BE HELD I DO NOT HAVE AN EXACT TIME YET IM SURE IT WILL BE ON WED JUNE 2ND 2010 THEY HAVE PLACED HER IN SEDGWICK COUNTY JUVENILE DETENTION CENTER SHE IS NOT A CRIMINAL . I WILL BE FILING A HABEUS CORPUS IN FEDERAL COURT ON TUESDAY ANY SUGGESTIONS OR LAWS THAT WOULD BE USEFUL PLEASE LET ME KNOW THANK YOU !!!!!!! PLEASE FEEL FREE TO POST WHEREVER YOU WANT TO /NEED TO AND CONTACT WHOEVER YOU FEEL WOULD HELP THANK YOU !!!
PS I AM OUT OF TOWN FOR THE WEEKEND HE ARRESTED HER WHEN I WASNT HOME.
Bambi Hazen seeking Justice in Unjust Sedgwick County Kansas Case. No 08 JC 371
"In the Interest of Ashton"
http://www.countyinneedofchange.blogspot.com/www.myspace/mom_hazhttp://www.usatoday.com/news/nation/states/kansas/2008-12-12-1120627356_x.htmwww.myspace/mom_hazhttp://www.usatoday.com/news/nation/states/kansas/2008-12-12-1120627356_x.htm
Sent: Saturday, May 29, 2010 12:25 PM
Subject: BAMBI HAZENS DAUGHTER ARRESTD AGAIN BY THE SAME OFFICER THAT TOOK HER FROM HOME
THIS IS BAMBI HAZEN,
OFFICER NAGY CAME TO MY HOUSE IN WICHITA KANSAS LAST NIGHT FRI MAY 28TH AND ARRESTED ASHTON AS A RUNAWAY (OF COURSE ON A HOLIDAY WEEKEND) I AM ASKING FOR SUPPORT FOR THE COURT HEARING THAT WILL BE HELD I DO NOT HAVE AN EXACT TIME YET IM SURE IT WILL BE ON WED JUNE 2ND 2010 THEY HAVE PLACED HER IN SEDGWICK COUNTY JUVENILE DETENTION CENTER SHE IS NOT A CRIMINAL . I WILL BE FILING A HABEUS CORPUS IN FEDERAL COURT ON TUESDAY ANY SUGGESTIONS OR LAWS THAT WOULD BE USEFUL PLEASE LET ME KNOW THANK YOU !!!!!!! PLEASE FEEL FREE TO POST WHEREVER YOU WANT TO /NEED TO AND CONTACT WHOEVER YOU FEEL WOULD HELP THANK YOU !!!
PS I AM OUT OF TOWN FOR THE WEEKEND HE ARRESTED HER WHEN I WASNT HOME.
Bambi Hazen seeking Justice in Unjust Sedgwick County Kansas Case. No 08 JC 371
"In the Interest of Ashton"
http://www.countyinneedofchange.blogspot.com/www.myspace/mom_hazhttp://www.usatoday.com/news/nation/states/kansas/2008-12-12-1120627356_x.htmwww.myspace/mom_hazhttp://www.usatoday.com/news/nation/states/kansas/2008-12-12-1120627356_x.htm
Friday, May 28, 2010
No Rights
Posted on Fri, May. 28, 2010
Wichita, KS, Sedgwick County Grandfather, Wendell Turner wrote a letter to the Wichita Eagle Editor as Grandparents have no rights if their grandchildren are placed in the custody of the State.
By: Wendell Turner, Victim of the System, All in the best interest of the child, BS
I was astounded to read the commentary by Shelley Duncan, president and CEO of Youthville, about the wonders of foster care ("Foster parents are the unsung heroes of kids," May 16 Opinion) and the article about the murder of little Brooklyn Coons ("SRS: Social worker not at fault," May 16 Local & State).
Like most states, Kansas doesn't recognize grandparents as having any rights to their grandchildren. When a child-in-need-of-care case comes up in court, grandparents have to register as interested parties to even be allowed to attend. If they register, they are allowed to attend but must not speak. At the first case-plan meeting, which is usually conducted by a Kansas Department of Social and Rehabilitation Services contractor, the first thing the grandparents are told is that they don't have rights. That is the law, but exceptions can be made if the grandparents have enough money for the best lawyers or know the right people. How do I know this? I was there.
WENDELL TURNER
Wichita
Read more: http://www.kansas.com/2010/05/28/1333908/letters-to-the-editor-on-memorial.html#ixzz0pEcLGRFN
Saturday, May 22, 2010
Former SRS investigator claimed that a probe of possible day care fraud might have prevented Damion's death
Posted on Fri, May. 21, 2010
Bloody towel, gun at issue in hearing in case of slain 2-year-old
BY TIM POTTER
The Wichita Eagle
Affidavit: Toddler's death was avoidable
Grandmother: How did SRS lose child?
As approaching sirens got louder, a neighbor saw DeWhite Cameron take two things from a rental house near 13th and Hillside one day in 2008.
Prosecutors said in court today that those two things turned out to be a bloody towel, later found with trash, and a gun, later found in a brush pile. The towel bore the blood of 2-year-old Damion Thomas, the son of Cameron's girlfriend. The sirens sounded as emergency crews responded to a report that Damion was not breathing.
No evidence indicated the gun was used to harm Damion, but as a convicted felon, Cameron was not supposed to have a gun.
The information came out in a Sedgwick County District Court hearing in preparation for Cameron's trial, which begins Monday with jury selection, and possibly opening arguments that afternoon.
Cameron, 28, is charged in Damion's death with first-degree murder done in the commission of child abuse, and two counts of aggravated battery against Damion and his twin brother.
Damion's mother, Shaneekwa Saunders, has pleaded guilty to aggravated child endangerment and been placed on probation. She admitted leaving her children with Cameron — her live-in boyfriend — while she worked, from April 1 to Sept. 18, 2008.
In a past interview, Cameron's defense attorney, Lee McMaster, has said that part of Cameron's defense "may well be that others, or another, were involved in the death."
Today's hearing also made clear that Damion's older brother, now 5, could be called to testify.
In previous articles about the case, the Eagle has reported:
* That SRS, the state child protection agency, had been involved in Damion's life after his birth because of concerns about his well-being and that SRS closed its case on the family because it couldn't locate them after they moved.
* That Damion suffered abuse for months before a fatal beating, and that he bore bruises and scars from head to toe and extensive internal injuries.
* That Damion's mother was receiving state-funded aid to take him to a day care home — but was not leaving him there — during the period when he was injured. And that a former SRS investigator claimed that a probe of possible day care fraud might have prevented Damion's death — if the investigation hadn't been blocked by SRS, a claim the agency denied.
In court today, after hearing arguments from the defense attorney and from prosecutors about what evidence can be presented, District Judge Greg Waller said he was inclined to allow testimony that as emergency crews approached Damion's home at Erie and 13th, the neighbor saw Cameron carry two things from the home.
Waller said evidence about the bloody towel was relevant but that he thought testimony about the gun would be prejudicial and that the gun was not tied to the boy's injuries.
Prosecutors Kim Parker and Shannon Wilson had contended that the gun also was relevant to Cameron's state of mind and showed that while the boy was in "acute distress" in the home, Cameron was busy taking objects from the house.
McMaster, the defense attorney, also argued with the prosecutors over whether Damion's older brother, who was 3 years and 11 months old at the time of the incident, really understands, at age 5 now, the meaning of telling the truth.
The boy was gently escorted to the witness stand, and a can of root beer was placed in front of him. He slowly twisted back and forth in the seat and smiled shyly. In a soft voice, he said he knew the difference between the truth and a lie.
McMaster told Waller that his client would be at a disadvantage having to face a "darling" child witness and a jury "outraged by the nature of this case."
"Judge, they're going to love this kid (the 5-year-old)... and they're going to love these ladies (Parker and Wilson)." But the jurors will "hate me," McMaster added.
Waller said that although his decision could change, "at this time, I believe he is a qualified witness."
The two sides also discussed how to handle autopsy photos that jurors will see.
Waller said the key is presenting photos if they are relevant evidence, but not if they are repetitive or gruesome.
Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com.
Read more: http://www.kansas.com/2010/05/21/1324728/bloody-towel-gun-at-issue-in-hearing.html#ixzz0oitZJTtj
Bloody towel, gun at issue in hearing in case of slain 2-year-old
BY TIM POTTER
The Wichita Eagle
Affidavit: Toddler's death was avoidable
Grandmother: How did SRS lose child?
As approaching sirens got louder, a neighbor saw DeWhite Cameron take two things from a rental house near 13th and Hillside one day in 2008.
Prosecutors said in court today that those two things turned out to be a bloody towel, later found with trash, and a gun, later found in a brush pile. The towel bore the blood of 2-year-old Damion Thomas, the son of Cameron's girlfriend. The sirens sounded as emergency crews responded to a report that Damion was not breathing.
No evidence indicated the gun was used to harm Damion, but as a convicted felon, Cameron was not supposed to have a gun.
The information came out in a Sedgwick County District Court hearing in preparation for Cameron's trial, which begins Monday with jury selection, and possibly opening arguments that afternoon.
Cameron, 28, is charged in Damion's death with first-degree murder done in the commission of child abuse, and two counts of aggravated battery against Damion and his twin brother.
Damion's mother, Shaneekwa Saunders, has pleaded guilty to aggravated child endangerment and been placed on probation. She admitted leaving her children with Cameron — her live-in boyfriend — while she worked, from April 1 to Sept. 18, 2008.
In a past interview, Cameron's defense attorney, Lee McMaster, has said that part of Cameron's defense "may well be that others, or another, were involved in the death."
Today's hearing also made clear that Damion's older brother, now 5, could be called to testify.
In previous articles about the case, the Eagle has reported:
* That SRS, the state child protection agency, had been involved in Damion's life after his birth because of concerns about his well-being and that SRS closed its case on the family because it couldn't locate them after they moved.
* That Damion suffered abuse for months before a fatal beating, and that he bore bruises and scars from head to toe and extensive internal injuries.
* That Damion's mother was receiving state-funded aid to take him to a day care home — but was not leaving him there — during the period when he was injured. And that a former SRS investigator claimed that a probe of possible day care fraud might have prevented Damion's death — if the investigation hadn't been blocked by SRS, a claim the agency denied.
In court today, after hearing arguments from the defense attorney and from prosecutors about what evidence can be presented, District Judge Greg Waller said he was inclined to allow testimony that as emergency crews approached Damion's home at Erie and 13th, the neighbor saw Cameron carry two things from the home.
Waller said evidence about the bloody towel was relevant but that he thought testimony about the gun would be prejudicial and that the gun was not tied to the boy's injuries.
Prosecutors Kim Parker and Shannon Wilson had contended that the gun also was relevant to Cameron's state of mind and showed that while the boy was in "acute distress" in the home, Cameron was busy taking objects from the house.
McMaster, the defense attorney, also argued with the prosecutors over whether Damion's older brother, who was 3 years and 11 months old at the time of the incident, really understands, at age 5 now, the meaning of telling the truth.
The boy was gently escorted to the witness stand, and a can of root beer was placed in front of him. He slowly twisted back and forth in the seat and smiled shyly. In a soft voice, he said he knew the difference between the truth and a lie.
McMaster told Waller that his client would be at a disadvantage having to face a "darling" child witness and a jury "outraged by the nature of this case."
"Judge, they're going to love this kid (the 5-year-old)... and they're going to love these ladies (Parker and Wilson)." But the jurors will "hate me," McMaster added.
Waller said that although his decision could change, "at this time, I believe he is a qualified witness."
The two sides also discussed how to handle autopsy photos that jurors will see.
Waller said the key is presenting photos if they are relevant evidence, but not if they are repetitive or gruesome.
Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com.
Read more: http://www.kansas.com/2010/05/21/1324728/bloody-towel-gun-at-issue-in-hearing.html#ixzz0oitZJTtj
Tuesday, May 18, 2010
Bill Medvecky's Letter to the Wichita Eagle
-----Original Message-----
From: wjm2644@aol.com
To: newsletters@wichitaeagle.com
Sent: Sun, May 16, 2010 2:26 pm
Subject: STORY ON FOSTER PARENTS.
Sirs,
Since I cannot access my account which sends me newsletters each day, I write to you through this address,
The story you have up concerning the "Unsung heroes" of foster care, is a story that you seem to put out there about once a month concerning the Kansas foster care system.
I have to guess that you do not read the follow-up comments from your readers... This system is not only broken, it is corrupt and actually highly abusive to both the parents and children who come into contact with these businesses.
The CEO of Youthville, Shelley Duncan, earns over $200,000.00 a year. That's not a group interested in children, it's a business.
This group stops HUNDREDS of children who should, and could live with blood relatives, and yet they don't get that opportunity, because there's no money in placing children in relatives care. Federal Law DEMANDS they try to place the children with families FIRST. Yet they place these children in just 10% of the time with family? WHY?
The answer is quite simplke; If Youthville does that, who's going to pay Shelly's salary?
I don't know what the deal is between these vultures and the paper, but if you go back and do a poll of the responses from your readers, you will see that the sale is not being made. You cannot sell this turkey to the people who come into contact with them, and they keep trying to get you to understand that over and over again.
I have people ringing our phones off the hook BEGGING for help in their fight with Youthville and that corrupt D.A. you have, yet you seem to think these folks are as pure as the driven snow. Why?
Do the comments heap praise upon Youthville? Are they ALL just a pack of malcontents? Where are all the folks who think that everything in Kansas Foster care is just ducky?
THEY DON'T EXIST. If you come into contact with these people, your child is nothing more than a dollar sign. They are nothing more than job security for these ghouls.
I have a roll a dex full of people sitting in Kansas who are loosing their grandchildren, nieces and nephews and sons and daughters for nothing more than money. Want to speak to a few? How about ONE?
I ask you to go back into your own archives. Take a look at the comments on these stories and ask yourself how so many folks could be so wrong about this "Wonderful" group and the multi millions of dollars that put smiles on their faces while Kansas children pay the price, even unto death!
Thank you,
Bill Medvecky
wjm2644@aol.com
239-826-3831
From: wjm2644@aol.com
To: newsletters@wichitaeagle.com
Sent: Sun, May 16, 2010 2:26 pm
Subject: STORY ON FOSTER PARENTS.
Sirs,
Since I cannot access my account which sends me newsletters each day, I write to you through this address,
The story you have up concerning the "Unsung heroes" of foster care, is a story that you seem to put out there about once a month concerning the Kansas foster care system.
I have to guess that you do not read the follow-up comments from your readers... This system is not only broken, it is corrupt and actually highly abusive to both the parents and children who come into contact with these businesses.
The CEO of Youthville, Shelley Duncan, earns over $200,000.00 a year. That's not a group interested in children, it's a business.
This group stops HUNDREDS of children who should, and could live with blood relatives, and yet they don't get that opportunity, because there's no money in placing children in relatives care. Federal Law DEMANDS they try to place the children with families FIRST. Yet they place these children in just 10% of the time with family? WHY?
The answer is quite simplke; If Youthville does that, who's going to pay Shelly's salary?
I don't know what the deal is between these vultures and the paper, but if you go back and do a poll of the responses from your readers, you will see that the sale is not being made. You cannot sell this turkey to the people who come into contact with them, and they keep trying to get you to understand that over and over again.
I have people ringing our phones off the hook BEGGING for help in their fight with Youthville and that corrupt D.A. you have, yet you seem to think these folks are as pure as the driven snow. Why?
Do the comments heap praise upon Youthville? Are they ALL just a pack of malcontents? Where are all the folks who think that everything in Kansas Foster care is just ducky?
THEY DON'T EXIST. If you come into contact with these people, your child is nothing more than a dollar sign. They are nothing more than job security for these ghouls.
I have a roll a dex full of people sitting in Kansas who are loosing their grandchildren, nieces and nephews and sons and daughters for nothing more than money. Want to speak to a few? How about ONE?
I ask you to go back into your own archives. Take a look at the comments on these stories and ask yourself how so many folks could be so wrong about this "Wonderful" group and the multi millions of dollars that put smiles on their faces while Kansas children pay the price, even unto death!
Thank you,
Bill Medvecky
wjm2644@aol.com
239-826-3831
Sunday, May 16, 2010
SRS: Social worker had no duty to protect child who later died
Posted on Sun, May. 16, 2010
BY TIM POTTER
The Wichita Eagle
An attorney for SRS also contends that because the girl was not in the agency's custody, the state owed no duty to protect her.
The arguments revolve around the case of 23-month-old Brooklyn Coons. Her father's meth-addicted girlfriend was convicted of murder after the girl died from brain injuries caused by her being violently shaken. Melissa Wells Coons is serving a life sentence.
Brooklyn's grandparents, Larry and Mary Crosetto, say they met with Linda Gillen, a veteran SRS social worker based in Coffeyville, and told her they thought Brooklyn was being abused and could be killed if she wasn't removed from the home of her father and his girlfriend. The Crosettos say they offered Gillen evidence but that she refused to act because of a grudge against them.
The legal argument that the social worker had no duty to protect Brooklyn doesn't sit well with her grandfather.
"I thought this was her job," said Larry Crosetto, who is suing Gillen in federal court.
The SRS arguments are in response to the lawsuit the grandparents filed in January. The lawsuit seeks more than $75,000 in damages.
"What we hope to do is get SRS to act in these situations ... and prevent it from happening to another family," Crosetto said.
Brooklyn's death is one of several across the state where families have accused the state Department of Social and Rehabilitation Services (SRS) of failing to protect children who were killed.
Child abuse or neglect has taken a heavy toll in Wichita, where police investigated eight child homicides in 2008. Seven of the eight deaths occurred from abuse or neglect by caregivers, police said.
In the past six months, several more suspicious child deaths have occurred in the Wichita area, raising more questions about the SRS role in protecting children.
SRS answers suit
In federal court documents defending Gillen, the social worker, SRS staff attorney Danny Baumgartner cites a U.S. Supreme Court case finding no constitutional duty of government to protect a child from violence committed by an individual.
Baumgartner also argues that Brooklyn was not in SRS custody, so SRS owed no duty to protect her.
The SRS defense is based partly on the idea that while government has a duty to the public at large, it can't be held liable for protecting one person from another individual unless special circumstances exist.
The situation limits government's exposure to liability.
But Larry Crosetto said the argument that government has no duty to the individual doesn't seem right to him.
"If it is the responsibility of government to protect the public, who protects the individual?"
The Crosettos' attorney, Randy Rathbun, argues in court documents that Gillen held a years-old grudge against the Crosettos that caused her to ignore reports of abuse from them and not follow her duty to protect the girl from her father's meth-addicted girlfriend, Melissa Wells Coons.
Brooklyn's mother, Angela Coons, died at age 24 in 2007 after a sudden illness. Brooklyn's death was the Crosettos' second loss.
The grandparents' lawsuit says that Gillen refused to accept photographs showing bruises on the girl a month before her death, which Gillen denies in court documents.
Court documents say, without elaboration, that the Crosettos believe Gillen held a grudge over their adoption of their daughter Angela years earlier.
SRS says Gillen has been employed with the agency since 1974.
The SRS response says Gillen denies having a grudge.
The SRS defense
In a court filing responding to the lawsuit, SRS attorney Baumgartner said (referring to the child, Brooklyn, as "B.I.C."):
* "Even assuming the imminence of danger, and even assuming Ms. Gillen knew about this danger (which Defendant denies), Ms. Gillen was under no duty to protect B.I.C. from a danger Ms. Gillen did not create."
* "Even assuming the 'animus' (which Defendant denies) Plaintiffs claim Ms. Gillen had against them, Ms. Gillen was under no duty to protect B.I.C. from third parties."
The SRS response says that the Crosettos seem to contend that once they met with Gillen about their concerns over Brooklyn, "their hands (and the Police's hands) were tied. This is far from the situation."
The document adds: "Ms. Gillen feels for Plaintiffs' loss, but with all due respect to Plaintiffs there is no Constitutional remedy for them here."
As a state employee, Gillen is entitled to "qualified immunity," SRS says.
Grandparents' case
In the court papers representing the Crosettos, their attorney Rathbun says, "This is not just another case of ... an overworked SRS employee and a report that fell through the cracks. Linda Gillen knew and hated Mr. Crosetto."
Rathbun also said that Gillen "carried a powerful animus that resulted in her refusal to follow her duty and protect" the girl from her father's girlfriend.
The Crosettos' filings provide this timeline:
* On Jan. 17, 2008, Coffeyville police responding to a 911 call found Brooklyn unresponsive and in the care of the girlfriend. Police saw head injuries and bruises on the girl.
* The next day, police placed three other children from the home of Melissa Wells Coons and Randy Coons, Brooklyn's father, into protective custody because of "deplorable" living conditions and the injuries to Brooklyn.
* Three days after the 911 call, Brooklyn died in a hospital.
Before the 911 call, Coffeyville police did not take steps to protect Brooklyn because they "reasonably believed that the defendant (Gillen) was undertaking her statutory obligations to safeguard" Brooklyn and her brother, a court document says.
The Crosettos contend that Gillen took it upon herself to monitor Brooklyn's situation — causing other agencies that could have protected the girl to defer to SRS.
Recently, Brooklyn's father pleaded no contest to aggravated endangerment of a child. He faces sentencing July 1.
Gillen remains a social worker with SRS, the agency says.
Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com.
Read more: http://www.kansas.com/2010/05/16/1315895/srs-social-worker-had-no-duty.html#storylink=omni_popular#ixzz0o6qG4W3M
***********************************************
More on this story to be found on the following links:
Coffeyville couple sues SRS worker after granddaughter's beating death
January 24, 2010
BY TIM POTTER
The Wichita Eagle
Read more: http://www.kansas.com/2010/01/24/1150653/coffeyville-couple-sues-srs-worker.html#ixzz0o6qcPbzV
SRS seeks dismissal of lawsuit filed by grandparents
March 11, 2010
BY TIM POTTER
The Wichita Eagle
Read more: http://www.kansas.com/2010/03/11/1219764/srs-seeks-dismissal-of-lawsuit.html#ixzz0o6qs79ez
Posted on Sun, May. 16, 2010
BY TIM POTTER
The Wichita Eagle
An attorney for SRS also contends that because the girl was not in the agency's custody, the state owed no duty to protect her.
The arguments revolve around the case of 23-month-old Brooklyn Coons. Her father's meth-addicted girlfriend was convicted of murder after the girl died from brain injuries caused by her being violently shaken. Melissa Wells Coons is serving a life sentence.
Brooklyn's grandparents, Larry and Mary Crosetto, say they met with Linda Gillen, a veteran SRS social worker based in Coffeyville, and told her they thought Brooklyn was being abused and could be killed if she wasn't removed from the home of her father and his girlfriend. The Crosettos say they offered Gillen evidence but that she refused to act because of a grudge against them.
The legal argument that the social worker had no duty to protect Brooklyn doesn't sit well with her grandfather.
"I thought this was her job," said Larry Crosetto, who is suing Gillen in federal court.
The SRS arguments are in response to the lawsuit the grandparents filed in January. The lawsuit seeks more than $75,000 in damages.
"What we hope to do is get SRS to act in these situations ... and prevent it from happening to another family," Crosetto said.
Brooklyn's death is one of several across the state where families have accused the state Department of Social and Rehabilitation Services (SRS) of failing to protect children who were killed.
Child abuse or neglect has taken a heavy toll in Wichita, where police investigated eight child homicides in 2008. Seven of the eight deaths occurred from abuse or neglect by caregivers, police said.
In the past six months, several more suspicious child deaths have occurred in the Wichita area, raising more questions about the SRS role in protecting children.
SRS answers suit
In federal court documents defending Gillen, the social worker, SRS staff attorney Danny Baumgartner cites a U.S. Supreme Court case finding no constitutional duty of government to protect a child from violence committed by an individual.
Baumgartner also argues that Brooklyn was not in SRS custody, so SRS owed no duty to protect her.
The SRS defense is based partly on the idea that while government has a duty to the public at large, it can't be held liable for protecting one person from another individual unless special circumstances exist.
The situation limits government's exposure to liability.
But Larry Crosetto said the argument that government has no duty to the individual doesn't seem right to him.
"If it is the responsibility of government to protect the public, who protects the individual?"
The Crosettos' attorney, Randy Rathbun, argues in court documents that Gillen held a years-old grudge against the Crosettos that caused her to ignore reports of abuse from them and not follow her duty to protect the girl from her father's meth-addicted girlfriend, Melissa Wells Coons.
Brooklyn's mother, Angela Coons, died at age 24 in 2007 after a sudden illness. Brooklyn's death was the Crosettos' second loss.
The grandparents' lawsuit says that Gillen refused to accept photographs showing bruises on the girl a month before her death, which Gillen denies in court documents.
Court documents say, without elaboration, that the Crosettos believe Gillen held a grudge over their adoption of their daughter Angela years earlier.
SRS says Gillen has been employed with the agency since 1974.
The SRS response says Gillen denies having a grudge.
The SRS defense
In a court filing responding to the lawsuit, SRS attorney Baumgartner said (referring to the child, Brooklyn, as "B.I.C."):
* "Even assuming the imminence of danger, and even assuming Ms. Gillen knew about this danger (which Defendant denies), Ms. Gillen was under no duty to protect B.I.C. from a danger Ms. Gillen did not create."
* "Even assuming the 'animus' (which Defendant denies) Plaintiffs claim Ms. Gillen had against them, Ms. Gillen was under no duty to protect B.I.C. from third parties."
The SRS response says that the Crosettos seem to contend that once they met with Gillen about their concerns over Brooklyn, "their hands (and the Police's hands) were tied. This is far from the situation."
The document adds: "Ms. Gillen feels for Plaintiffs' loss, but with all due respect to Plaintiffs there is no Constitutional remedy for them here."
As a state employee, Gillen is entitled to "qualified immunity," SRS says.
Grandparents' case
In the court papers representing the Crosettos, their attorney Rathbun says, "This is not just another case of ... an overworked SRS employee and a report that fell through the cracks. Linda Gillen knew and hated Mr. Crosetto."
Rathbun also said that Gillen "carried a powerful animus that resulted in her refusal to follow her duty and protect" the girl from her father's girlfriend.
The Crosettos' filings provide this timeline:
* On Jan. 17, 2008, Coffeyville police responding to a 911 call found Brooklyn unresponsive and in the care of the girlfriend. Police saw head injuries and bruises on the girl.
* The next day, police placed three other children from the home of Melissa Wells Coons and Randy Coons, Brooklyn's father, into protective custody because of "deplorable" living conditions and the injuries to Brooklyn.
* Three days after the 911 call, Brooklyn died in a hospital.
Before the 911 call, Coffeyville police did not take steps to protect Brooklyn because they "reasonably believed that the defendant (Gillen) was undertaking her statutory obligations to safeguard" Brooklyn and her brother, a court document says.
The Crosettos contend that Gillen took it upon herself to monitor Brooklyn's situation — causing other agencies that could have protected the girl to defer to SRS.
Recently, Brooklyn's father pleaded no contest to aggravated endangerment of a child. He faces sentencing July 1.
Gillen remains a social worker with SRS, the agency says.
Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com.
Read more: http://www.kansas.com/2010/05/16/1315895/srs-social-worker-had-no-duty.html#storylink=omni_popular#ixzz0o6qG4W3M
***********************************************
More on this story to be found on the following links:
Coffeyville couple sues SRS worker after granddaughter's beating death
January 24, 2010
BY TIM POTTER
The Wichita Eagle
Read more: http://www.kansas.com/2010/01/24/1150653/coffeyville-couple-sues-srs-worker.html#ixzz0o6qcPbzV
SRS seeks dismissal of lawsuit filed by grandparents
March 11, 2010
BY TIM POTTER
The Wichita Eagle
Read more: http://www.kansas.com/2010/03/11/1219764/srs-seeks-dismissal-of-lawsuit.html#ixzz0o6qs79ez
Saturday, May 15, 2010
KC foster parent, David Melton, accused of abusing teen boy
http://www.kansascity.com/2010/05/13/1943607/kc-foster-parent-accused-of-abusing.html#ixzz0nr1sG6dl
Posted on Thu, May. 13, 2010 12:23
A south Kansas City foster parent was charged today with sexually assaulting a teenage boy in his care.
Jackson County prosecutors charged 49-year-old David Melton with two counts of second-degree statutory sodomy.
The 15-year-old boy told police that he was molested at Melton’s house in January. According to court documents, the boy was living in a residential care facility but spending time at Melton’s house because he was in the process of being adopted by Melton and a partner.
The boy did not initially report the incidents because he said he did not want to be returned to a residential care facility, according to court documents. Melton was questioned by police Wednesday and denied touching the boy inappropriately.
Read more: http://www.kansascity.com/2010/05/13/1943607/kc-foster-parent-accused-of-abusing.html#ixzz0o47YCsIL
http://www.kansascity.com/2010/05/13/1943607/kc-foster-parent-accused-of-abusing.html#ixzz0nr1sG6dl
Posted on Thu, May. 13, 2010 12:23
A south Kansas City foster parent was charged today with sexually assaulting a teenage boy in his care.
Jackson County prosecutors charged 49-year-old David Melton with two counts of second-degree statutory sodomy.
The 15-year-old boy told police that he was molested at Melton’s house in January. According to court documents, the boy was living in a residential care facility but spending time at Melton’s house because he was in the process of being adopted by Melton and a partner.
The boy did not initially report the incidents because he said he did not want to be returned to a residential care facility, according to court documents. Melton was questioned by police Wednesday and denied touching the boy inappropriately.
Read more: http://www.kansascity.com/2010/05/13/1943607/kc-foster-parent-accused-of-abusing.html#ixzz0o47YCsIL
Tuesday, May 11, 2010
Saturday, May 8, 2010
EMAIL THE FOLLOWING KANSAS LEGISLATORS AND ASK THAT THESE CHILDREN BE RETURNED TO THE RIGHTFUL CUSTODY OF THEIR MOTHER NOW!
Kansas Representatives Home email addresses:
barnes.melany@gmail.com, lisa.benlon@yahoo.com, bethell@ink.org, elaine@concordiaautomart.com, Brookens70@sbcglobal.net, staterepbrown@sunflower.com, tonybrownforkansas@gmail.com, sbrunk@cox.net, mike@mikeburgess.org, sydcar20@cox.net, crown_c@fastmail.fm, patpatkat@aol.com, bjcraft@cox.net, marticcb@lvnworth.com, jdcbcks@aol.com, degraafs4u@att.net, RepDillmore@cox.net, odonohoe@kc.rr.com, jfaber@ink.org, billfeuerborn@earthlink.net, gafinney5@yahoo.com, flaharty98@sbcglobal.net, kcfp@sbcglobal.net, rockfund@hotmail.com, dfurtado@kc.rr.com, ksrepgarcia@yahoo.com, crystal@columbus-ks.com, gatewoodforthehouse@yahoo.com, patgeorge33@hotmail.com, goicorep100@cox.net, lanagordon@hotmail.com, raj@rajforkansas.com, johng@carlisleinc.net, grantbnl@ckt.net, tom@tomhawk.com, ghayzlett@PLD.com, jhenry@asnek.org, phil.hermanson@cox.net, donhill70@hotmail.com, dhineman@st-tel.net, repcarl@aol.com, rep@mitchholmes.com, deena@worldlinc.net, shuebert77@sbcglobal.net, terriehuntington@gmail.com, dajack87@yahoo.com, djohnson2@ruraltel.net, kasha@kansasleadership.com, dnk7@pixius.net, jus4smk@aol.com, jeffkingks@hotmail.com,
lance@lancekinzer.com, marvin@marvinkleeb.com, kuet@aol.com, blandweh@ink.org, LaneBBQ@netzero.net, wclight@pld.com, judithloganbill@msn.com, srlukert@mewlan.com, ann@annmah.org , pmaloney@cox.net, pmast@ink.org, melody@southwind.net, jmclela@swbell.net, jmenghini@cox.net, merrickrf@sbcglobal.net, jmorriso@ink.org, tmoxley@tctelco.net, mmyersrep@aol.com, cindyneighbor@aol.com, mneufeld@ink.org, meiermel@hotmail.com, connie@connieobrien.net, moneal@gh-hutch.com, rrkolson@peoplepc.com, billcotto@yahoo.com, rspalmer1862@sbcglobal.net, joepatton2001@msn.com, janpauls@sbcglobal.net, virgil@virgilpeck.com, mjpkck@aol.com, eber111@usa.net, jpottorf@cox.net, lpowell18@cox.net, wrprescott@yahoo.com, rproehl@labettebank.com, jill@jillquigley.com, erardin@kc.rr.com, marcr61@yahoo.com, croth46@cox.net, louis_ruiz@sbcglobal.net, shocker3@cox.net, dnjschroeder@dtnspeed.net, schwab@scottschwab.com , porkchop@idir.net, joeseiwert@onemain.com, siegfreid@comcast.net, mike@mikeslattery.org, spaldingboe@aol.com, genesuellentrop@gmail.com, joshuasvaty@hotmail.com, svswan@eaglecom.net, dale.swenson@gmail.com, ltafanelli@grasshoppernet.com, atietze@cox.net, etrimmer@cox.net, vickrey@jenevickrey.org, jwardks88@gmail.com, vmwetta@sutv.com, jwhitham@wsbks.com, vwinn1236@att.net, k@kaywolf.org, bpwolf@ruraltel.net, ronworley@aol.com ; kevin@kevinyoder.org,
Kansas Senators Home email addresses
sabrams@hit.net ; pat.apple@patapple.org ; senatorjb@sbcglobal.net ; karin@karinbrownlee.com ; lawfirm@ourtownusa.net ; petebrungardt@bb.kscoxmail.com ; ldondist27@aol.com ; Jay.Emler@senate.ks.gov ; Oletha29th@aol.com ; Marci.Francisco@senate.ks.gov ; senhaley@aol.com ; hensley@kssdems.com ; tomholland23@hotmail.com ; thuelska@ink.org ; laura@laurakelly.org ; dandd@carrollsweb.com ; kelkult@sunflower.com ; jlee@ink.org ; julia@senatorjulialynn.com ; bobmarshall@cebridge.net ; sen.masterson@cox.net ; rostmey@ink.org ; towens10@att.net ; mikepetersen@swbell.net ;
mpcook@everestkc.net ; vicki.schmidt@me.com ; jschodorf@aol.com ; rteichma@hughes.net ;
senatorumbarger@yahoo.com ; jvratil@lathropgage.com ;
Kansas Representatives Home email addresses:
barnes.melany@gmail.com, lisa.benlon@yahoo.com, bethell@ink.org, elaine@concordiaautomart.com, Brookens70@sbcglobal.net, staterepbrown@sunflower.com, tonybrownforkansas@gmail.com, sbrunk@cox.net, mike@mikeburgess.org, sydcar20@cox.net, crown_c@fastmail.fm, patpatkat@aol.com, bjcraft@cox.net, marticcb@lvnworth.com, jdcbcks@aol.com, degraafs4u@att.net, RepDillmore@cox.net, odonohoe@kc.rr.com, jfaber@ink.org, billfeuerborn@earthlink.net, gafinney5@yahoo.com, flaharty98@sbcglobal.net, kcfp@sbcglobal.net, rockfund@hotmail.com, dfurtado@kc.rr.com, ksrepgarcia@yahoo.com, crystal@columbus-ks.com, gatewoodforthehouse@yahoo.com, patgeorge33@hotmail.com, goicorep100@cox.net, lanagordon@hotmail.com, raj@rajforkansas.com, johng@carlisleinc.net, grantbnl@ckt.net, tom@tomhawk.com, ghayzlett@PLD.com, jhenry@asnek.org, phil.hermanson@cox.net, donhill70@hotmail.com, dhineman@st-tel.net, repcarl@aol.com, rep@mitchholmes.com, deena@worldlinc.net, shuebert77@sbcglobal.net, terriehuntington@gmail.com, dajack87@yahoo.com, djohnson2@ruraltel.net, kasha@kansasleadership.com, dnk7@pixius.net, jus4smk@aol.com, jeffkingks@hotmail.com,
lance@lancekinzer.com, marvin@marvinkleeb.com, kuet@aol.com, blandweh@ink.org, LaneBBQ@netzero.net, wclight@pld.com, judithloganbill@msn.com, srlukert@mewlan.com, ann@annmah.org , pmaloney@cox.net, pmast@ink.org, melody@southwind.net, jmclela@swbell.net, jmenghini@cox.net, merrickrf@sbcglobal.net, jmorriso@ink.org, tmoxley@tctelco.net, mmyersrep@aol.com, cindyneighbor@aol.com, mneufeld@ink.org, meiermel@hotmail.com, connie@connieobrien.net, moneal@gh-hutch.com, rrkolson@peoplepc.com, billcotto@yahoo.com, rspalmer1862@sbcglobal.net, joepatton2001@msn.com, janpauls@sbcglobal.net, virgil@virgilpeck.com, mjpkck@aol.com, eber111@usa.net, jpottorf@cox.net, lpowell18@cox.net, wrprescott@yahoo.com, rproehl@labettebank.com, jill@jillquigley.com, erardin@kc.rr.com, marcr61@yahoo.com, croth46@cox.net, louis_ruiz@sbcglobal.net, shocker3@cox.net, dnjschroeder@dtnspeed.net, schwab@scottschwab.com , porkchop@idir.net, joeseiwert@onemain.com, siegfreid@comcast.net, mike@mikeslattery.org, spaldingboe@aol.com, genesuellentrop@gmail.com, joshuasvaty@hotmail.com, svswan@eaglecom.net, dale.swenson@gmail.com, ltafanelli@grasshoppernet.com, atietze@cox.net, etrimmer@cox.net, vickrey@jenevickrey.org, jwardks88@gmail.com, vmwetta@sutv.com, jwhitham@wsbks.com, vwinn1236@att.net, k@kaywolf.org, bpwolf@ruraltel.net, ronworley@aol.com ; kevin@kevinyoder.org,
Kansas Senators Home email addresses
sabrams@hit.net ; pat.apple@patapple.org ; senatorjb@sbcglobal.net ; karin@karinbrownlee.com ; lawfirm@ourtownusa.net ; petebrungardt@bb.kscoxmail.com ; ldondist27@aol.com ; Jay.Emler@senate.ks.gov ; Oletha29th@aol.com ; Marci.Francisco@senate.ks.gov ; senhaley@aol.com ; hensley@kssdems.com ; tomholland23@hotmail.com ; thuelska@ink.org ; laura@laurakelly.org ; dandd@carrollsweb.com ; kelkult@sunflower.com ; jlee@ink.org ; julia@senatorjulialynn.com ; bobmarshall@cebridge.net ; sen.masterson@cox.net ; rostmey@ink.org ; towens10@att.net ; mikepetersen@swbell.net ;
mpcook@everestkc.net ; vicki.schmidt@me.com ; jschodorf@aol.com ; rteichma@hughes.net ;
senatorumbarger@yahoo.com ; jvratil@lathropgage.com ;
~ RELEASE THESE CHILDREN NOW! ~ MAY 8TH, 2010
Dear Kansas State Representatives and Senators,
I am writing to you today to ask of you to demand that the State of Kansas return 2 little boys back to their mother, the Non-Offending parent. Once again, children have been removed from the home of the non-offending parent and placed in the custody of the state, this is a pattern that continues to happen in sedgwick county and it is destroying the lives of children.
Here in Sedgwick County they think nothing of taking children from safe homes and placing them in foster care, they are NOT educated and they don't care about what it does to a child if removed from the care of a parent. The trauma they are causing, first they are abused by ONE parent and then they are removed from the loving and protective parent, the system is abusing these two boys just as they have with many other children. According to experts, removing children from homes causes SERIOUS TRAUMA http://www.jrplaw.org/Documents/xxharmandlreplacement.pdf
PREVENTING PTSD IN CHILDREN
Adapted from Goodman, 2002
Parental support influences how well children cope after a
traumatic event. Birth, foster, and adoptive parents, kin
caregivers, and professionals can help children by:
• Providing a strong supportive presence
• Modeling and managing their own expression of feelings
and coping
• Establishing routines with flexibility
• Accepting children’s regressed behaviors while encouraging
and supporting a return to age-appropriate activity
• Helping children use familiar coping strategies
• Helping children share in maintaining their safety
• Allowing children to tell their story in words, play, or pictures
to acknowledge and normalize their experience (Not cover-up the abuse as if it never happened, just like sedgwick county does)
• Discussing what to do or what has been done to prevent
the event from recurring
• Maintaining a stable, familiar environment (removing them from their own home where the abuse didn't happen causes secondary trauma)
The State of Kansas is destroying these two little boys, they are NOT getting the proper treatment they should be getting they are being abused while in foster care, they need to be returned to their Mother, they are being forced to visit with the abusive parent, the parent that the family court investigator said sexually and physically abused .
The mother just recently went to the foster care home to check on her children because one of them was really sick during their visit earlier in the day, the mother was told the child would go to the doctor, but that didn't happen, when she arrived at the foster home the foster dad welcomed the mother in the home, but when the foster mother seen her, she turned violent on Valarie the mother, she attacked Valarie, she pushed her out the front door backwards, and Valarie went down on her back. This foster mom is a dangerous person, she has no business taking care of children, she can't even maintain her violent behaviors. (Valarie, the mom has a broken elbow, she has to have surgery next week, her elbow will never be the same) If this foster mom can lose it with an adult imagine what she can do to a child.
The bottom line to this tragic story once again is that these children should of never been placed into foster care, and it's time that someone does something to save these boys from more trauma, the oldest boy isn't doing well, he needs to be home and he needs PROPER therapy, not YOUTHVILLE's therapy. These children have been sexually abused and physically by the dad and they have NOT received any treatment for the abuse, they are only being forced to go to classes with their ABUSER, how could anyone force a victim into classes with their abuser? That would be like forcing a RAPE victim into classes with their rapists, what is wrong with this system? That would be like forcing my daughter when she was a victim of rape, kidnapping, drugging, indecent liberities, and sexual exploitation with her offender. Come on something has to be done to save these boys, they must go home so they can begin to heal and the father must be held accountable for abusing his children. NOT get special treatment by Youthville. If you continue to allow the system abuse of these children then you are just as much responsible for their continued abuse, their not getting the proper treatment.
I and other citizens of Kansas are demanding that these two little boys be released from states custody and placed back in the home of their non-offending parent A.S.A.P and that they NOT be forced to live or visit their abuser without supervision if the boys choose to have supervised visits, they should be allowed to make that decision. It is their safety that is most important.
To all citizens who want to save these two little boys from further abuse please sign and forward this on to everyone you know, just click forward and then sign your name and pass this on to everyone in your email list.
Thank you,
Donna Roberts/Founder
ACRA-A Child's Rights Association
316-529-3179
1. Donna Roberts/Founder of ACRA-A Child's Rights Advocate 316-529-3179
I am writing to you today to ask of you to demand that the State of Kansas return 2 little boys back to their mother, the Non-Offending parent. Once again, children have been removed from the home of the non-offending parent and placed in the custody of the state, this is a pattern that continues to happen in sedgwick county and it is destroying the lives of children.
Here in Sedgwick County they think nothing of taking children from safe homes and placing them in foster care, they are NOT educated and they don't care about what it does to a child if removed from the care of a parent. The trauma they are causing, first they are abused by ONE parent and then they are removed from the loving and protective parent, the system is abusing these two boys just as they have with many other children. According to experts, removing children from homes causes SERIOUS TRAUMA http://www.jrplaw.org/Documents/xxharmandlreplacement.pdf
PREVENTING PTSD IN CHILDREN
Adapted from Goodman, 2002
Parental support influences how well children cope after a
traumatic event. Birth, foster, and adoptive parents, kin
caregivers, and professionals can help children by:
• Providing a strong supportive presence
• Modeling and managing their own expression of feelings
and coping
• Establishing routines with flexibility
• Accepting children’s regressed behaviors while encouraging
and supporting a return to age-appropriate activity
• Helping children use familiar coping strategies
• Helping children share in maintaining their safety
• Allowing children to tell their story in words, play, or pictures
to acknowledge and normalize their experience (Not cover-up the abuse as if it never happened, just like sedgwick county does)
• Discussing what to do or what has been done to prevent
the event from recurring
• Maintaining a stable, familiar environment (removing them from their own home where the abuse didn't happen causes secondary trauma)
The State of Kansas is destroying these two little boys, they are NOT getting the proper treatment they should be getting they are being abused while in foster care, they need to be returned to their Mother, they are being forced to visit with the abusive parent, the parent that the family court investigator said sexually and physically abused .
The mother just recently went to the foster care home to check on her children because one of them was really sick during their visit earlier in the day, the mother was told the child would go to the doctor, but that didn't happen, when she arrived at the foster home the foster dad welcomed the mother in the home, but when the foster mother seen her, she turned violent on Valarie the mother, she attacked Valarie, she pushed her out the front door backwards, and Valarie went down on her back. This foster mom is a dangerous person, she has no business taking care of children, she can't even maintain her violent behaviors. (Valarie, the mom has a broken elbow, she has to have surgery next week, her elbow will never be the same) If this foster mom can lose it with an adult imagine what she can do to a child.
The bottom line to this tragic story once again is that these children should of never been placed into foster care, and it's time that someone does something to save these boys from more trauma, the oldest boy isn't doing well, he needs to be home and he needs PROPER therapy, not YOUTHVILLE's therapy. These children have been sexually abused and physically by the dad and they have NOT received any treatment for the abuse, they are only being forced to go to classes with their ABUSER, how could anyone force a victim into classes with their abuser? That would be like forcing a RAPE victim into classes with their rapists, what is wrong with this system? That would be like forcing my daughter when she was a victim of rape, kidnapping, drugging, indecent liberities, and sexual exploitation with her offender. Come on something has to be done to save these boys, they must go home so they can begin to heal and the father must be held accountable for abusing his children. NOT get special treatment by Youthville. If you continue to allow the system abuse of these children then you are just as much responsible for their continued abuse, their not getting the proper treatment.
I and other citizens of Kansas are demanding that these two little boys be released from states custody and placed back in the home of their non-offending parent A.S.A.P and that they NOT be forced to live or visit their abuser without supervision if the boys choose to have supervised visits, they should be allowed to make that decision. It is their safety that is most important.
To all citizens who want to save these two little boys from further abuse please sign and forward this on to everyone you know, just click forward and then sign your name and pass this on to everyone in your email list.
Thank you,
Donna Roberts/Founder
ACRA-A Child's Rights Association
316-529-3179
1. Donna Roberts/Founder of ACRA-A Child's Rights Advocate 316-529-3179
Saturday, May 1, 2010
"OPEN LETTER TO KANSAS" LEGISLATORS
Open Letter to Kansas
From: Shaylene Moore
Sent: Wednesday, April 28, 2010 10:31 PM
To: Steve.Abrams@senate.ks.gov
Cc: Pat.Apple@senate.ks.gov ; Jim.Barnett@senate.ks.gov ; Karin.Brownlee@senate.ks.gov ; Terry.Bruce@senate.ks.gov ; Pete.Brungardt@senate.ks.gov ; Jeff.Colyer@senate.ks.gov ; Les.Donovan@senate.ks.gov ; Jay.Emler@senate.ks.gov ; Oletha.Faust-Goudeau@senate.ks.gov ; Marci.Francisco@senate.ks.gov ; David.Haley@senate.ks.gov ; Anthony.Hensley@senate.ks.gov ; Tom.Holland@senate.ks.gov ; Laura.Kelly@senate.ks.gov ; Dick.Kelsey@senate.ks.gov ; Kelly.Kultala@senate.ks.gov ; Janis.Lee@senate.ks.gov ; Julia.Lynn@senate.ks.gov ; Bob.Marshall@senate.ks.gov ; Ty.Masterson@senate.ks.gov ; Carolyn.Mcginn@senate.ks.gov ; Steve.Morris@senate.ks.gov ; Ralph.Ostmeyer@senate.ks.gov ; Tim.Owens@senate.ks.gov ; Mike.Petersen@senate.ks.gov ; Mary.PilcherCook@senate.ks.gov ; Dennis.Pyle@senate.ks.gov ; Roger.Reitz@senate.ks.gov ; Derek.Schmidt@senate.ks.gov ; Vicki.Schmidt@senate.ks.gov ; Jean.Schodorf@senate.ks.gov ; Chris.Steineger@senate.ks.gov ; Mark.Taddiken@senate.ks.gov ; Ruth.Teichman@senate.ks.gov ; Dwayne.Umbarger@senate.ks.gov ; John.Vratil@senate.ks.gov ; Susan.Wagle@senate.ks.gov ; David.Wysong@senate.ks.gov
Subject: FW:FW:FW:FW:FW:RE:An Open Letter to Kansas
Mr. Abrams,
You are my Senator
And I need help, please. I saw this e-mail and thought that I might as well ask for help. I cannot leave Kansas right now becuase my child is in foster care. Why? Because I forbid her to go to a party on Saturday night. She sent a text message to a friend. And that friend's mom that I was unfair.
The party was filled with drugs, alcohol and sex. My daughter was only 14. Now she is 15 and has been in foster care for over a year. Why?
Because social services came to my home unannounced. I let them in thinking that they would surely understand what was going on. The lady looked so nice.
But then, she found me guilty of neglect because she said that my daughter's room was too small! Yes, too small.
I am a mother of four children. And she had the small bedroom because she was the youngest. After my son turned 18 and went into the military, she would inherit a larger room. But it fit her nicely until that year.
But then, they discovered that my ex-husband made a lot of money and went after both of us. I don't make as much money but I work very hard to take care of my children.
And now that she is in foster care, I am required to pay them child support.I am taking money away from my other children to meet the state's demands. It would be easier on all of us if my daughter was at home.
And she misses me so badly. And she has changed so much. She is so bitter now. So distrustful of everything. She doesn't believe anyone. She doesn't believe me when I tell her that she will be home with her family soon.
I hate you Kansas. I hate you!
I did not abuse or neglect my child because her bedroom was small. There is a perfectly nice size room waiting for her
I am surprisd she didn't also write that my child was wearing hand me downs from her sister.
I understand why this Mother cursed you. It is a curse to be involved with you. And it is not a good place to be. I thought Kansas was a much better place but it has so many bad problems that I can't say anything about this state any longer.
So please listen to my cries, listen to my daughter's cries, and send my baby back home. Please. Please. I want my daughter home with me. Her birthday is next week!
She will be 16 and will be in foster care.
-----------------------------------------------------
From: Shaylene Moore
Sent: Wednesday, April 28, 2010 10:31 PM
To: Steve.Abrams@senate.ks.gov
Cc: Pat.Apple@senate.ks.gov ; Jim.Barnett@senate.ks.gov ; Karin.Brownlee@senate.ks.gov ; Terry.Bruce@senate.ks.gov ; Pete.Brungardt@senate.ks.gov ; Jeff.Colyer@senate.ks.gov ; Les.Donovan@senate.ks.gov ; Jay.Emler@senate.ks.gov ; Oletha.Faust-Goudeau@senate.ks.gov ; Marci.Francisco@senate.ks.gov ; David.Haley@senate.ks.gov ; Anthony.Hensley@senate.ks.gov ; Tom.Holland@senate.ks.gov ; Laura.Kelly@senate.ks.gov ; Dick.Kelsey@senate.ks.gov ; Kelly.Kultala@senate.ks.gov ; Janis.Lee@senate.ks.gov ; Julia.Lynn@senate.ks.gov ; Bob.Marshall@senate.ks.gov ; Ty.Masterson@senate.ks.gov ; Carolyn.Mcginn@senate.ks.gov ; Steve.Morris@senate.ks.gov ; Ralph.Ostmeyer@senate.ks.gov ; Tim.Owens@senate.ks.gov ; Mike.Petersen@senate.ks.gov ; Mary.PilcherCook@senate.ks.gov ; Dennis.Pyle@senate.ks.gov ; Roger.Reitz@senate.ks.gov ; Derek.Schmidt@senate.ks.gov ; Vicki.Schmidt@senate.ks.gov ; Jean.Schodorf@senate.ks.gov ; Chris.Steineger@senate.ks.gov ; Mark.Taddiken@senate.ks.gov ; Ruth.Teichman@senate.ks.gov ; Dwayne.Umbarger@senate.ks.gov ; John.Vratil@senate.ks.gov ; Susan.Wagle@senate.ks.gov ; David.Wysong@senate.ks.gov
Subject: FW:FW:FW:FW:FW:RE:An Open Letter to Kansas
Mr. Abrams,
You are my Senator
And I need help, please. I saw this e-mail and thought that I might as well ask for help. I cannot leave Kansas right now becuase my child is in foster care. Why? Because I forbid her to go to a party on Saturday night. She sent a text message to a friend. And that friend's mom that I was unfair.
The party was filled with drugs, alcohol and sex. My daughter was only 14. Now she is 15 and has been in foster care for over a year. Why?
Because social services came to my home unannounced. I let them in thinking that they would surely understand what was going on. The lady looked so nice.
But then, she found me guilty of neglect because she said that my daughter's room was too small! Yes, too small.
I am a mother of four children. And she had the small bedroom because she was the youngest. After my son turned 18 and went into the military, she would inherit a larger room. But it fit her nicely until that year.
But then, they discovered that my ex-husband made a lot of money and went after both of us. I don't make as much money but I work very hard to take care of my children.
And now that she is in foster care, I am required to pay them child support.I am taking money away from my other children to meet the state's demands. It would be easier on all of us if my daughter was at home.
And she misses me so badly. And she has changed so much. She is so bitter now. So distrustful of everything. She doesn't believe anyone. She doesn't believe me when I tell her that she will be home with her family soon.
I hate you Kansas. I hate you!
I did not abuse or neglect my child because her bedroom was small. There is a perfectly nice size room waiting for her
I am surprisd she didn't also write that my child was wearing hand me downs from her sister.
I understand why this Mother cursed you. It is a curse to be involved with you. And it is not a good place to be. I thought Kansas was a much better place but it has so many bad problems that I can't say anything about this state any longer.
So please listen to my cries, listen to my daughter's cries, and send my baby back home. Please. Please. I want my daughter home with me. Her birthday is next week!
She will be 16 and will be in foster care.
-----------------------------------------------------
Dear Senators of Kansas:
Before reading this letter, please note that I make absolutely no apologies for speaking my mind. I am doing the housecleaning of my soul, my spirit, my heart. After all, a clean house is what you want....
One would think that after the big to-do with Brown vs. the Board of Education, the state of Kansas would be a bit more sensitive and concerned about violating parent's and children's rights. One would think...but clearly we are being led by the brainless....
I am a Mother, a Woman, and a Defender of My Home...and right now, I am ticked off that my children are now afraid of YOU, Kansas! They are afraid of your school officials, they are afraid of your police, they are afraid of your neighborhoods, they are afraid of their government. They look out the windows and are now suspicious of everyone. The emotional abuse that you did to my children outweighs any of the false allegations that you threw my way. The verbal abuse of them hearing that their Mother may be unfit, is the worse thing that you could have done.
You destroyed our relationships...completely....and to move to Overland Park and Olathe and feel like "I made it" is a crock of shit.
Okay Kansas Senators, I am writing you this one time (maybe), and to let you know that I am sick and tired of the crap going on in this state, particularly in Johnson County.
SRS social workers are doing their job. They have bills to pay just like the rest of us. But when you talk to them, they are manipulative and just downright liars. And God forbid if you tick one off as she will wield her pen and assassinate your character with a SUBSTANTIATION.
When I hear horror stories of Kansas SRS, the Blue Valley School District and Olathe School District and certain officers with the Overland Park and Olathe police department who collaborate to remove children from the homes of good parents, I am wondering why on earth very few of you Senators, you so-called representatives of the people are not saying anything about it!
Oh, I know why. It's because you know that SRS is the biggest profit center for the state of Kansas. But understand this. This e-mail is going to go viral and spread through Kansas (and the country) like a wild fire.
But I want to know what YOU are going to do to fix this system.
Here's some of my issues:
1. Social Services might contact you and they only have 45 days to close a case...so why do they keep it open for MONTHS? They are breaking their own policies/laws?
2. When they send you a letter that there is a "concern", they like to throw in their abuse and neglect pamphlet that tells you your constitutional RIGHTS. But then they tell you to call them. If you choose not to call them then you are not cooperating.
3. When you go to the Kansas SRS website there is a link for parents. But the freaking link doesn't work! So when you try to figure out how to complain against the Kansas SRS, the first website that shows in Google is the Attorney General's office (Steve Six) and the F.A.Q. all provides bullshit answers about SRS. To anyone reading this, it should be pretty obvious that if the KS Attorney General office devotes that much web page real estate to SRS, then "Houston, we have a problem!"
4. When you request to know what you are being accused of, which most people have a right to know this, you get a reply that they can't tell you because of the privacy of the child. WHAT? Most parents protect the privacy of the child. And most parents don't have time to let people play games with their children like the SRS does. HOW DARE SRS!
5. As far as the right to privacy, how private is SRS when they decide to go and ask neighbors or the school or the police, etc. questions about the child. Yet, have the nerve...the AUDACITY to tell the parent that they don't have the right to know about the child.
6. Kids are placed into foster care, ripped from their homes, and used to make money from the state
Now understand this Kansas. Never in the many years of raising my children have I ever gone through such ignorance in my life. NEVER! It's like you just want to put people in little boxes so that some of the people here can feel comfortable. You want to put people away or make life hard for them because they come with different ideas, different thoughts, and don't let their kids curse them out or disrespect the parental authority.
So understand this, I am leaving. But I will not forget. And thanks to the WORLD WIDE WEB, I and my family will never let you rest. Don Jordan, enjoy that paycheck. Social Workers, if you want to practice law, go to law school! Judges, you are not GOD!
It's on, Kansas....because you have finally pushed me to the point of really ticking me off!
So my advice to any of the SENATORS on this list who want to get back into office...you have heard from "one of the people" and I am adding your e-mails so that as this letter goes VIRAL, then you will hear from other parents. It doesn't matter where they live...we are all dealing with the same IGNORANCE.
Now my house is clean, so get the "F" out! Clean your own house!
We'll be watching you and you better represent your citizens this time, because me and my children and other parents and their children are all going to make sure that our rights are no longer trampled on.
Sincerely,
Mother, Woman, and Defender of the Home
P.S. I may not know all of the facts, but I hope there are others who will write and educate those of you who are collecting votes and paychecks and not addressing this issue.
P.S.S.
To anyone who wants to send a letter, here are the e-mail addresses.
Tell them how you really feel! It's time, Kansas citizens, to no longer allow this to take place.
Tuesday, April 27, 2010
KANSAS YOUTHVILLE FOSTER CARE TEENS NOT ALLOWED TO ATTEND SCHOOL
http://www.clearwaterks.org/DocumentView.aspx?DID=66
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 1
CITY OF CLEARWATER, SEDGWICK COUNTY, KANSAS
CITY COUNCIL MEETING
MINUTES
March 27, 2007
The regular meeting of the City of Clearwater, Sedgwick County, Kansas, City Council was held on Tuesday, March 27, 2007, at 6:30 p.m., in the Clearwater City Council Chamber, City Hall, 129 E. Ross Avenue, Clearwater, Kansas.
The following members were present: J. L. Walker, Mayor, Mike Justice, Mike York, Lyle Berntsen, David FitzGerald, and Casey Carlson. The following staff members were present: Kent Brown, City Administrator; Cheryl Wright, City Clerk; and Janet Amerine, City Attorney. Others present at the meeting were Karen Lippoldt, Youthville; Bob Cumming, Jim Whitney, Rickey Baker, Les Langston, John Mishler, and Farol McMillan, citizens; C. J. Walker, Ronald Jamison, Matt Doffing, Eric Barker, John Westbrook, James Conrad, Cory Whitlock, Leslie Babb, Chris Parker, Aaron Cherney, Cody Struthers, Ronald Jamison, Carlene Stevenson, and Katie Gette, Clearwater High School students.
Mayor Walker called the meeting to order at 6:30 p.m. Walker gave the invocation, which was followed by the Pledge of Allegiance. The Clerk called the roll to confirm the presence of a quorum.
1. Approval of the Minutes of the Regular Meeting of March 13, 2007
MOTION: Council Member Berntsen made a motion to approve the minutes of the meeting. The motion was seconded by Council Member York and passed unanimously.
2. Mayor’s Recommendations
Mayor Walker with Council consensus appointed Anthony Geissinger as firefighter and Ryan Shackelford for Planning Commission.
3. Public Forum
No one addressed the Council.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 2
4. Presentation on Youthville – Foster Homes
Karen Lippoldt Foster Care Recruiter/Trainer, representing Youthville addressed the Council. Lippoldt distributed to each Council Member a packet of information on Youthville. Lippoldt stated that Sedgwick County is in a crisis situation with foster kids. There are an abundance of children coming into care and not enough homes. Lippoldt continued to state that she has been going to Council meetings in all the out lying communities in Sedgwick, Sumner, Harper, Butler, and Cowley Counties trying to get more homes. The biggest concern is the teenagers that live day to day in a different facility. According to state regulations a child can only live in a residential facility for 90 days after that they have to leave and a place has to be found for them. These kids spend their days at Youthville waiting for a home and go from one emergency home to another. For most of the kids schooling is nonexistent. Lippoldt stated that most of the kids want to go to school, want to have friends, and want consistency in their lives. Lippoldt stated that there are approximately 1,400 kids in foster care right now and there are only about 250 homes available, and a home can only have four kids at a time. Lippoldt requested for everyone to think of people that might be willing to try foster care and she stated that she would speak to any group that might have an interest in the Foster Care Program.
5. Bids for Parking Lot at City Park
City Administrator Brown stated that the plans for the City Park parking lot is from plans developed by K-State students, reviewed by the Park Advisory Board and approved by the Council. Brown stated that according to the Engineer’s estimate the City does not have enough funds available to pay for the entire parking lot. Brown presented a spreadsheet detailing the bids from the 4 paving contractors. The base bid is for the main part of the parking lot with two separate entrances and exits, excavation, and curb and guttering. Alternate bid #1 is for the Ross Avenue 15 parking stalls to the south of the parking lot along with curb and guttering. Alternate bid #2 is for 22 parking stalls on Ross Avenue west of the current concession stand and on further to the Methodist Church parking on Ross Avenue. Brown reviewed the base bids and the alternate bids.
Contractor Base Bid Alt. 1 Alt. 2 Total
Engineers Estimate 142,244.00 38,194.00 57,786.00 238,224.00
APAC Shears 102,220.00 18,733.50 33,289.00 154,242.50
Cornejo 109,790.00 11,464.00 42,314.00 174,568.00
Kansas Paving 136,681.00 33,726.50 56,766.00 227,173.50
Lafarge 125,015.90 22,555.00 40,370.00 187,940.90
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 3
Brown stated that APAC Shears is the overall total low bidder. Brown continued to state that in the 2007 budget there could be $60,000 available from the Park budget and the drainage budget. If the Council were still interested in doing the project the additional funds would have to be obtained by financing. Brown stated that he advised the bidders due to a couple of circumstances they may not be notified right away as to whether the bid was awarded. Council Member FitzGerald stated that he is in favor of doing the whole parking lot along with the drainage, curb and guttering and getting rid of the ditch on Ross Avenue. Mayor Walker stated that the bids came in less than the Council originally discussed and questioned how the City would obtain financing? Brown stated that he has not discussed financing with the local banks as he was not sure of the amount and if the Council would decide to continue with the parking lot. Council Member Carlson stated that if the total amount of $154,000 was financed then there would be additional funds in the park budget to perhaps do restrooms or some additional park improvements. Council Member Justice stated that he has stated his concerns before and is not sold on the 15 parking stalls on the east. Justice explained that there would be cars backing out at the intersection of Third Avenue and Ross Avenue and at the entrance to the park and that will create a traffic nightmare. The Council discussed at length various portions of the plans for the parking lot and parking stalls. Mayor Walker stated that the Council talked over the same things previously and agreed to send the plans out for bid. FitzGerald questioned if City Administrator Brown would check on various ways for financing? City Attorney Amerine stated that she attended a conference where the Department of Agriculture had a presentation on grants, low interest loans and loan guarantees. A Department of Agriculture project from a rural community with a population of fewer than 20,000 could qualify if it is for off street public parking. Brown stated that first staff needs to know if the Council is still interested in doing the project and direction on the possible amount to be financed. After a brief discussion, staff was directed to check into the Departments of Agriculture grants or low rate interest, and to check with the local banks and to provide various options.
6. Bids – City Equipment
City Administrator Brown stated that the1969 dump truck that is up for bid is for scrap only and not for street use, as a title would not be issued. Brown reported that 3 bids were received for the 1969 dump truck; Ron Lambert $51.00, Rick Baker $175.00 for the truck and $25.00 for the snow blade, and Gary Berger $305.00. Brown requested that if Council accepts a bid that he requests to be in the motion a time frame stipulated for removing the vehicle.
MOTION: Council Member FitzGerald made a motion to accept the bid from Gary Berger for $305.00 for a 1969 International dump truck for scrap with a stipulation that it is to be removed from the sewer ponds in 30 days. Council Member Justice seconded the motion and it passed unanimously.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 4
7. Senior Community Center and Director Update
City Administrator Brown referenced a proposal for the Clearwater Senior/Community Center Advisory Board prepared by several individuals from the Senior Center using Haysville as a model. This is the formal way that allows the Mayor and Council to appoint members to the Advisory Board and a formal way for recommendations to the Council concerning the programs and operations at the building. The structure for the Senior/Community Center Advisory Board will be somewhat like the Library Board. Brown then referenced the Clearwater Senior Center Planning Committee, which is comprised of only seniors above the age of 55. The draft included the wording of membership and the Council discussed that would be changed. The Senior/Community Center is available for everyone in the community to use and there is absolutely no membership involved. Brown then referenced the job description for the Senior/Community Center Director and discussed the recommendations presented by the seniors. Brown explained that in Haysville the Events Planning Committee is in charge of decorations, and setting up the room for events. They are basically a volunteer group. Council Member Justice stated that the proposals presented by the seniors looks fairly good, but his concern is that nowhere does it show the involvement of the Director. Brown stated that in Haysville the Advisory Board is accountable for the funds from Sedgwick County and for the budget with advice from the Director. The Events Planning Committee will have limited funds for activities at the Center and can do fund raising for additional funds. After a brief discussion, the Council advised staff to make the discussed changes to the proposals.
8. Resolution Regarding Ambulance Lease/Purchase Agreement
City Attorney Amerine stated that she reviewed the Resolution provided by Home Bank & Trust for the purchase of an ambulance. Amerine stated that it directs her to review the agreement and negotiate appropriate modifications. Amerine continued to state that the agreement is not prepared and will not be prepared until Home Bank receives the approved and signed Resolution. Council Member FitzGerald questioned if staff was successful in requesting Home Bank & Trust to waive the $300.00 documentation fee. City Clerk Wright stated that the fee is being waived. Mayor Walker stated that the Resolution is Council approval to enter into an agreement for the lease/purchase of an ambulance. Amerine stated that she would review the agreement as soon as it is available. Wright stated that Home Bank is also requesting that the Council approve a Proposal Acceptance. City Clerk Wright assigned Resolution 2-2007.
MOTION: Council Member Justice made a motion to approve the Proposal to enter into lease/purchase financing as written, minus the $300.00 documentation fee, with Home Bank & Trust. Council Member Berntsen seconded the motion and it passed unanimously with Council Member Carlson abstaining.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 5
MOTION: Council Member FitzGerald made a motion to approve Resolution No. 2-2007 referencing financing an ambulance pending City Attorney Amerine’s review of the agreement before final signature. Council Member York seconded the motion and it passed 4 – 0 with Council Member Carlson abstaining.
9. Wire Transfer Authorization – Home Bank & Trust
City Clerk Wright stated that twice a month a wire transfer is required to send employees 457 Contribution funds to AllFirst Bank. Home Bank & Trust is requesting that all eligible check signers approve the Wire Transfer Authorization. By consensus, the Council approved signing the Wire Transfer Authorization.
10. Access Agreement with Owner of Clearwater Senior Residences
City Administrator Brown stated that the only access to the parking lot of the senior residence from Janet Avenue is thru the Senior/Community Center parking lot. In order to guarantee that the senior residences always have access, Mark Cox of South Crest L.L.C. is requesting an Access and Parking Easement Agreement to guarantee access to Janet Avenue. City Attorney Amerine stated that the agreement also states that if there is overflow parking at the Senior/Community Center they can park in the senior residences parking lot. Brown continued to state that on the construction of the senior residences staff has requested that a drainage outlet be installed in Reserve B and it has been requested several times. All of the drainage from the parking lot goes into Reserve B and there is no exit pipe. Brown stated that Mark Cox operates that he is accessible when he needs something and hard to find when staff requires information. Brown suggested that the Council approve the agreement tonight, but authorize staff to hold the agreement pending installation of the drainage pipe.
MOTION: Council Member York made a motion to approve the Access and Parking Easement Agreement between the City of Clearwater and South Crest L.L.C for access to the senior residences from Janet Avenue. Council authorizes staff to hold the signed agreement pending actual installation of the drainage pipe in Reserve Pond B. Council Member Carlson seconded the motion and it passed unanimously
11. Review Aquatic Center Rates
City Administrator Brown stated that Council requested that staff contact other Aquatic Centers to check on membership prices. Brown stated that he was able to get a copy of a survey that was done recently by another City. Brown reviewed various rates stating that Council Member Carlson had requested a proposal on a family pass to give a break on
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 6
cost to larger families. Brown stated that when the City had the old pool and family memberships were available, it was difficult to define a family and the pool was losing a lot of money. Since the construction of the new Aquatic Center there have only been single passes for $40.00 and it has been coming very close to breaking even. After reviewing the survey on pool rates and a lengthy discussion the Council suggested to try having family memberships again.
The City will offer a family membership for a family of 4 for $120.00 with each additional family member being $30.00. In order to determine the number of people in the household, it will be by the number of exemptions on the 2006 tax return. If there were any objection to showing the tax return as proof, then a family membership would not be offered. The family membership would be able to be purchased from City Hall and a specified time at the Aquatic Center to be determined at a later date after discussion with the pool manager. All other rates will remain the same for the 2007 season.
MOTION: Council Member FitzGerald made a motion to provide a family membership to the Aquatic Center of up to 4 people for $120.00 with each additional family membership at $30.00 each and available for a specified time period with the proof of amount of family members determined by the 2006 IRS dependents. Council Member Justice seconded the motion and passed unanimously.
At 8:30 p.m. Mayor Walker request a five-minute break.
At 8:35 p.m. the Council returned to regular session.
12. Reports
City Administrator Brown questioned if the Council had reviewed the job description for Fire Chief that was provided in the packet? By consensus, the Council approved the job description.
City Administrator Brown stated that last year at well #7 the chlorine had deteriorated the piping that goes under ground and it had to be replaced. Brown continued to state that a similar thing has happened at well #6 and well #8. The problem is due to the age of the wells and well #6 has the worst deterioration and the plan is to redo it in 2007 and well #8 in 2008. Ernie Misak has had a couple people look at the wells and is recommending that the Council approve the bid from Layne Western for well #6 in the amount of $3,966.00, plus $250.00 if only one well is done this year. By consensus, the Council approved the bid from Layne Western. Brown stated that well #6 is right on the corner of 103rd & Hoover.
City Administrator Brown reported that the old well house by the Aquatic Center has
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 7
been demolished and the new well house has been started. The air stripper has been delivered and is setting on the slab of the new well house. Brown stated that the City has worked with KDHE to get all of the appropriate permits done and ended up forgetting the building permit. City staff had completed the permit for work on well #2 next to the water tower.
City Administrator Brown reported that a police officer has contacted the people at the corner of Hellar & Gorin concerning removing the old refrigerator in the back yard.
City Administrator reported that the new ambulance is due to be delivered on April 16th. EMS Director, Wayland Whitlow is in the process of obtaining the state license. Brown stated that there has been a situation come up that the Medical Society that sets up the protocols they had a problem that with Dr. Papish being the only medical advisor and there was not a backup. That has been worked out with Dr. Young, the medical advisor with Sedgwick County, to be the backup medical advisor. Brown reported that the Ambulance Director has to report to the State Board of EMS and the Medical Society for Sedgwick County in order to keep the Clearwater Ambulance service functional.
City Administrator Brown stated that on Friday a group of 15 senior citizens met and interviewed the three candidates for the Senior/Community Director.
City Administrator Brown reported that on March 17th the Chamber of Commerce sponsored a City Council candidate forum. A tape of the forum will be aired on Community Cable Channel 7.
Council Member Berntsen questioned if there is any word on the repairs for the tennis courts? City Administrator Brown stated that he talked to the contractor concerning the spots where there is a surfacing issue. Brown stated that he does not have a time that the work would be done.
Council Member Justice questioned why the fountains at Chisholm Ridge are not working? City Administrator Brown stated that because of the rain, the level of the ponds are so high that the fountains have been turned off.
Council Member FitzGerald stated that Joe Castor contacted him and he is interested in beginning an astronomy club. Castor requires a place where there is some avoidance from direct light for regular night-sky observing. Castor has checked around the City and a possible site is the firing-range near the sewer ponds. Castor told FitzGerald once he obtains a site for his telescopes. Castor will then be contacting school groups, Scout groups, and other youth in the area. After a lengthy discussion, the Council suggested that Castor check out the brush dump and see if it would be more suitable for his astronomy club.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 8
Council Member FitzGerald requested that in the future the check that is received periodically from recycling should be sent to the Unity Lodge #273 at PO Box 304, instead of sending the check to the Lions Club. The Lions Club has not had any involvement in recycling for quite some time. The Masons will then distribute the funds to the organizations that help with the recycling.
13. Executive Session - Personnel
MOTION: At 9:15 p.m. Council Member Carlson made a motion to enter into executive session for personnel reasons for a period of fifteen minutes. Council Member FitzGerald seconded the motion and it passed unanimously.
At 9:30 p.m. the Council returned to regular session with no action taken.
Mayor Walker requested a Special Council Meeting on April 3rd at 7:00 p.m.
City Administrator Brown stated that he has contacted Waste Management and the spring cleanup is scheduled for May 4th & 5th. Brown stated that the people with the hazardous waste are not available so it was suggested to have the hazardous waste cleanup on April 26th & 27th.
City Administrator Brown reported that there would be a Transportation Enhancement Grant opportunity in the fall for an 80/20 grant. The downtown plan could be an application in this program.
14. Adjournment
MOTION: Being no further discussion to come before the Council, Council Member Justice moved for adjournment. The motion was seconded by Council Member FitzGerald and passed unanimously.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 9
CERTIFICATE
State of Kansas }
County of Sedgwick }
City of Clearwater }
I, Cheryl S. Wright, City Clerk of the City of Clearwater, Sedgwick County, Kansas, hereby certify that the foregoing is a true and correct copy of the approved minutes of the March 27, City Council meeting.
Given under my hand and official seal of the City of Clearwater, this 13th day of April 2007.
Cheryl S. Wright, City Clerk
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 1
CITY OF CLEARWATER, SEDGWICK COUNTY, KANSAS
CITY COUNCIL MEETING
MINUTES
March 27, 2007
The regular meeting of the City of Clearwater, Sedgwick County, Kansas, City Council was held on Tuesday, March 27, 2007, at 6:30 p.m., in the Clearwater City Council Chamber, City Hall, 129 E. Ross Avenue, Clearwater, Kansas.
The following members were present: J. L. Walker, Mayor, Mike Justice, Mike York, Lyle Berntsen, David FitzGerald, and Casey Carlson. The following staff members were present: Kent Brown, City Administrator; Cheryl Wright, City Clerk; and Janet Amerine, City Attorney. Others present at the meeting were Karen Lippoldt, Youthville; Bob Cumming, Jim Whitney, Rickey Baker, Les Langston, John Mishler, and Farol McMillan, citizens; C. J. Walker, Ronald Jamison, Matt Doffing, Eric Barker, John Westbrook, James Conrad, Cory Whitlock, Leslie Babb, Chris Parker, Aaron Cherney, Cody Struthers, Ronald Jamison, Carlene Stevenson, and Katie Gette, Clearwater High School students.
Mayor Walker called the meeting to order at 6:30 p.m. Walker gave the invocation, which was followed by the Pledge of Allegiance. The Clerk called the roll to confirm the presence of a quorum.
1. Approval of the Minutes of the Regular Meeting of March 13, 2007
MOTION: Council Member Berntsen made a motion to approve the minutes of the meeting. The motion was seconded by Council Member York and passed unanimously.
2. Mayor’s Recommendations
Mayor Walker with Council consensus appointed Anthony Geissinger as firefighter and Ryan Shackelford for Planning Commission.
3. Public Forum
No one addressed the Council.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 2
4. Presentation on Youthville – Foster Homes
Karen Lippoldt Foster Care Recruiter/Trainer, representing Youthville addressed the Council. Lippoldt distributed to each Council Member a packet of information on Youthville. Lippoldt stated that Sedgwick County is in a crisis situation with foster kids. There are an abundance of children coming into care and not enough homes. Lippoldt continued to state that she has been going to Council meetings in all the out lying communities in Sedgwick, Sumner, Harper, Butler, and Cowley Counties trying to get more homes. The biggest concern is the teenagers that live day to day in a different facility. According to state regulations a child can only live in a residential facility for 90 days after that they have to leave and a place has to be found for them. These kids spend their days at Youthville waiting for a home and go from one emergency home to another. For most of the kids schooling is nonexistent. Lippoldt stated that most of the kids want to go to school, want to have friends, and want consistency in their lives. Lippoldt stated that there are approximately 1,400 kids in foster care right now and there are only about 250 homes available, and a home can only have four kids at a time. Lippoldt requested for everyone to think of people that might be willing to try foster care and she stated that she would speak to any group that might have an interest in the Foster Care Program.
5. Bids for Parking Lot at City Park
City Administrator Brown stated that the plans for the City Park parking lot is from plans developed by K-State students, reviewed by the Park Advisory Board and approved by the Council. Brown stated that according to the Engineer’s estimate the City does not have enough funds available to pay for the entire parking lot. Brown presented a spreadsheet detailing the bids from the 4 paving contractors. The base bid is for the main part of the parking lot with two separate entrances and exits, excavation, and curb and guttering. Alternate bid #1 is for the Ross Avenue 15 parking stalls to the south of the parking lot along with curb and guttering. Alternate bid #2 is for 22 parking stalls on Ross Avenue west of the current concession stand and on further to the Methodist Church parking on Ross Avenue. Brown reviewed the base bids and the alternate bids.
Contractor Base Bid Alt. 1 Alt. 2 Total
Engineers Estimate 142,244.00 38,194.00 57,786.00 238,224.00
APAC Shears 102,220.00 18,733.50 33,289.00 154,242.50
Cornejo 109,790.00 11,464.00 42,314.00 174,568.00
Kansas Paving 136,681.00 33,726.50 56,766.00 227,173.50
Lafarge 125,015.90 22,555.00 40,370.00 187,940.90
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 3
Brown stated that APAC Shears is the overall total low bidder. Brown continued to state that in the 2007 budget there could be $60,000 available from the Park budget and the drainage budget. If the Council were still interested in doing the project the additional funds would have to be obtained by financing. Brown stated that he advised the bidders due to a couple of circumstances they may not be notified right away as to whether the bid was awarded. Council Member FitzGerald stated that he is in favor of doing the whole parking lot along with the drainage, curb and guttering and getting rid of the ditch on Ross Avenue. Mayor Walker stated that the bids came in less than the Council originally discussed and questioned how the City would obtain financing? Brown stated that he has not discussed financing with the local banks as he was not sure of the amount and if the Council would decide to continue with the parking lot. Council Member Carlson stated that if the total amount of $154,000 was financed then there would be additional funds in the park budget to perhaps do restrooms or some additional park improvements. Council Member Justice stated that he has stated his concerns before and is not sold on the 15 parking stalls on the east. Justice explained that there would be cars backing out at the intersection of Third Avenue and Ross Avenue and at the entrance to the park and that will create a traffic nightmare. The Council discussed at length various portions of the plans for the parking lot and parking stalls. Mayor Walker stated that the Council talked over the same things previously and agreed to send the plans out for bid. FitzGerald questioned if City Administrator Brown would check on various ways for financing? City Attorney Amerine stated that she attended a conference where the Department of Agriculture had a presentation on grants, low interest loans and loan guarantees. A Department of Agriculture project from a rural community with a population of fewer than 20,000 could qualify if it is for off street public parking. Brown stated that first staff needs to know if the Council is still interested in doing the project and direction on the possible amount to be financed. After a brief discussion, staff was directed to check into the Departments of Agriculture grants or low rate interest, and to check with the local banks and to provide various options.
6. Bids – City Equipment
City Administrator Brown stated that the1969 dump truck that is up for bid is for scrap only and not for street use, as a title would not be issued. Brown reported that 3 bids were received for the 1969 dump truck; Ron Lambert $51.00, Rick Baker $175.00 for the truck and $25.00 for the snow blade, and Gary Berger $305.00. Brown requested that if Council accepts a bid that he requests to be in the motion a time frame stipulated for removing the vehicle.
MOTION: Council Member FitzGerald made a motion to accept the bid from Gary Berger for $305.00 for a 1969 International dump truck for scrap with a stipulation that it is to be removed from the sewer ponds in 30 days. Council Member Justice seconded the motion and it passed unanimously.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 4
7. Senior Community Center and Director Update
City Administrator Brown referenced a proposal for the Clearwater Senior/Community Center Advisory Board prepared by several individuals from the Senior Center using Haysville as a model. This is the formal way that allows the Mayor and Council to appoint members to the Advisory Board and a formal way for recommendations to the Council concerning the programs and operations at the building. The structure for the Senior/Community Center Advisory Board will be somewhat like the Library Board. Brown then referenced the Clearwater Senior Center Planning Committee, which is comprised of only seniors above the age of 55. The draft included the wording of membership and the Council discussed that would be changed. The Senior/Community Center is available for everyone in the community to use and there is absolutely no membership involved. Brown then referenced the job description for the Senior/Community Center Director and discussed the recommendations presented by the seniors. Brown explained that in Haysville the Events Planning Committee is in charge of decorations, and setting up the room for events. They are basically a volunteer group. Council Member Justice stated that the proposals presented by the seniors looks fairly good, but his concern is that nowhere does it show the involvement of the Director. Brown stated that in Haysville the Advisory Board is accountable for the funds from Sedgwick County and for the budget with advice from the Director. The Events Planning Committee will have limited funds for activities at the Center and can do fund raising for additional funds. After a brief discussion, the Council advised staff to make the discussed changes to the proposals.
8. Resolution Regarding Ambulance Lease/Purchase Agreement
City Attorney Amerine stated that she reviewed the Resolution provided by Home Bank & Trust for the purchase of an ambulance. Amerine stated that it directs her to review the agreement and negotiate appropriate modifications. Amerine continued to state that the agreement is not prepared and will not be prepared until Home Bank receives the approved and signed Resolution. Council Member FitzGerald questioned if staff was successful in requesting Home Bank & Trust to waive the $300.00 documentation fee. City Clerk Wright stated that the fee is being waived. Mayor Walker stated that the Resolution is Council approval to enter into an agreement for the lease/purchase of an ambulance. Amerine stated that she would review the agreement as soon as it is available. Wright stated that Home Bank is also requesting that the Council approve a Proposal Acceptance. City Clerk Wright assigned Resolution 2-2007.
MOTION: Council Member Justice made a motion to approve the Proposal to enter into lease/purchase financing as written, minus the $300.00 documentation fee, with Home Bank & Trust. Council Member Berntsen seconded the motion and it passed unanimously with Council Member Carlson abstaining.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 5
MOTION: Council Member FitzGerald made a motion to approve Resolution No. 2-2007 referencing financing an ambulance pending City Attorney Amerine’s review of the agreement before final signature. Council Member York seconded the motion and it passed 4 – 0 with Council Member Carlson abstaining.
9. Wire Transfer Authorization – Home Bank & Trust
City Clerk Wright stated that twice a month a wire transfer is required to send employees 457 Contribution funds to AllFirst Bank. Home Bank & Trust is requesting that all eligible check signers approve the Wire Transfer Authorization. By consensus, the Council approved signing the Wire Transfer Authorization.
10. Access Agreement with Owner of Clearwater Senior Residences
City Administrator Brown stated that the only access to the parking lot of the senior residence from Janet Avenue is thru the Senior/Community Center parking lot. In order to guarantee that the senior residences always have access, Mark Cox of South Crest L.L.C. is requesting an Access and Parking Easement Agreement to guarantee access to Janet Avenue. City Attorney Amerine stated that the agreement also states that if there is overflow parking at the Senior/Community Center they can park in the senior residences parking lot. Brown continued to state that on the construction of the senior residences staff has requested that a drainage outlet be installed in Reserve B and it has been requested several times. All of the drainage from the parking lot goes into Reserve B and there is no exit pipe. Brown stated that Mark Cox operates that he is accessible when he needs something and hard to find when staff requires information. Brown suggested that the Council approve the agreement tonight, but authorize staff to hold the agreement pending installation of the drainage pipe.
MOTION: Council Member York made a motion to approve the Access and Parking Easement Agreement between the City of Clearwater and South Crest L.L.C for access to the senior residences from Janet Avenue. Council authorizes staff to hold the signed agreement pending actual installation of the drainage pipe in Reserve Pond B. Council Member Carlson seconded the motion and it passed unanimously
11. Review Aquatic Center Rates
City Administrator Brown stated that Council requested that staff contact other Aquatic Centers to check on membership prices. Brown stated that he was able to get a copy of a survey that was done recently by another City. Brown reviewed various rates stating that Council Member Carlson had requested a proposal on a family pass to give a break on
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 6
cost to larger families. Brown stated that when the City had the old pool and family memberships were available, it was difficult to define a family and the pool was losing a lot of money. Since the construction of the new Aquatic Center there have only been single passes for $40.00 and it has been coming very close to breaking even. After reviewing the survey on pool rates and a lengthy discussion the Council suggested to try having family memberships again.
The City will offer a family membership for a family of 4 for $120.00 with each additional family member being $30.00. In order to determine the number of people in the household, it will be by the number of exemptions on the 2006 tax return. If there were any objection to showing the tax return as proof, then a family membership would not be offered. The family membership would be able to be purchased from City Hall and a specified time at the Aquatic Center to be determined at a later date after discussion with the pool manager. All other rates will remain the same for the 2007 season.
MOTION: Council Member FitzGerald made a motion to provide a family membership to the Aquatic Center of up to 4 people for $120.00 with each additional family membership at $30.00 each and available for a specified time period with the proof of amount of family members determined by the 2006 IRS dependents. Council Member Justice seconded the motion and passed unanimously.
At 8:30 p.m. Mayor Walker request a five-minute break.
At 8:35 p.m. the Council returned to regular session.
12. Reports
City Administrator Brown questioned if the Council had reviewed the job description for Fire Chief that was provided in the packet? By consensus, the Council approved the job description.
City Administrator Brown stated that last year at well #7 the chlorine had deteriorated the piping that goes under ground and it had to be replaced. Brown continued to state that a similar thing has happened at well #6 and well #8. The problem is due to the age of the wells and well #6 has the worst deterioration and the plan is to redo it in 2007 and well #8 in 2008. Ernie Misak has had a couple people look at the wells and is recommending that the Council approve the bid from Layne Western for well #6 in the amount of $3,966.00, plus $250.00 if only one well is done this year. By consensus, the Council approved the bid from Layne Western. Brown stated that well #6 is right on the corner of 103rd & Hoover.
City Administrator Brown reported that the old well house by the Aquatic Center has
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 7
been demolished and the new well house has been started. The air stripper has been delivered and is setting on the slab of the new well house. Brown stated that the City has worked with KDHE to get all of the appropriate permits done and ended up forgetting the building permit. City staff had completed the permit for work on well #2 next to the water tower.
City Administrator Brown reported that a police officer has contacted the people at the corner of Hellar & Gorin concerning removing the old refrigerator in the back yard.
City Administrator reported that the new ambulance is due to be delivered on April 16th. EMS Director, Wayland Whitlow is in the process of obtaining the state license. Brown stated that there has been a situation come up that the Medical Society that sets up the protocols they had a problem that with Dr. Papish being the only medical advisor and there was not a backup. That has been worked out with Dr. Young, the medical advisor with Sedgwick County, to be the backup medical advisor. Brown reported that the Ambulance Director has to report to the State Board of EMS and the Medical Society for Sedgwick County in order to keep the Clearwater Ambulance service functional.
City Administrator Brown stated that on Friday a group of 15 senior citizens met and interviewed the three candidates for the Senior/Community Director.
City Administrator Brown reported that on March 17th the Chamber of Commerce sponsored a City Council candidate forum. A tape of the forum will be aired on Community Cable Channel 7.
Council Member Berntsen questioned if there is any word on the repairs for the tennis courts? City Administrator Brown stated that he talked to the contractor concerning the spots where there is a surfacing issue. Brown stated that he does not have a time that the work would be done.
Council Member Justice questioned why the fountains at Chisholm Ridge are not working? City Administrator Brown stated that because of the rain, the level of the ponds are so high that the fountains have been turned off.
Council Member FitzGerald stated that Joe Castor contacted him and he is interested in beginning an astronomy club. Castor requires a place where there is some avoidance from direct light for regular night-sky observing. Castor has checked around the City and a possible site is the firing-range near the sewer ponds. Castor told FitzGerald once he obtains a site for his telescopes. Castor will then be contacting school groups, Scout groups, and other youth in the area. After a lengthy discussion, the Council suggested that Castor check out the brush dump and see if it would be more suitable for his astronomy club.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 8
Council Member FitzGerald requested that in the future the check that is received periodically from recycling should be sent to the Unity Lodge #273 at PO Box 304, instead of sending the check to the Lions Club. The Lions Club has not had any involvement in recycling for quite some time. The Masons will then distribute the funds to the organizations that help with the recycling.
13. Executive Session - Personnel
MOTION: At 9:15 p.m. Council Member Carlson made a motion to enter into executive session for personnel reasons for a period of fifteen minutes. Council Member FitzGerald seconded the motion and it passed unanimously.
At 9:30 p.m. the Council returned to regular session with no action taken.
Mayor Walker requested a Special Council Meeting on April 3rd at 7:00 p.m.
City Administrator Brown stated that he has contacted Waste Management and the spring cleanup is scheduled for May 4th & 5th. Brown stated that the people with the hazardous waste are not available so it was suggested to have the hazardous waste cleanup on April 26th & 27th.
City Administrator Brown reported that there would be a Transportation Enhancement Grant opportunity in the fall for an 80/20 grant. The downtown plan could be an application in this program.
14. Adjournment
MOTION: Being no further discussion to come before the Council, Council Member Justice moved for adjournment. The motion was seconded by Council Member FitzGerald and passed unanimously.
G:/cheryl/wp60/files/minutes/2007/cmin/mar 27 9
CERTIFICATE
State of Kansas }
County of Sedgwick }
City of Clearwater }
I, Cheryl S. Wright, City Clerk of the City of Clearwater, Sedgwick County, Kansas, hereby certify that the foregoing is a true and correct copy of the approved minutes of the March 27, City Council meeting.
Given under my hand and official seal of the City of Clearwater, this 13th day of April 2007.
Cheryl S. Wright, City Clerk
Subscribe to:
Posts (Atom)
