This is one of those Alabama supreme court cases that makes you cry for nearly everyone involved. Gowens v. Tys. S., Case No. 1041341, 1041413 (Ala. May 3, 2006). It’s all about whether a DHR investigative social worker can be sued by the people he or she is charged with protecting. The short answer is yes.
Jefferson County DHR became involved with this family when the mother delivered a child at UAB Hospital, and both mother and baby tested positive for cocaine. when a social worker at the hospital reported the presence of cocaine to DHR, DHR began an investigation. Supervisor Rose assigned the investigation to investigative social worker Gowens.
Even though a preliminary report mentioned there were two other children living in the household, Gowens developed a “safety plan” with the mother at the hospital that made no mention of the other children. In violation of the DHR manual, Gowens failed to verify the number of children in the household with an outside source, taking only the mother’s word for it that the newborn child was the only one in the household. Had he done so, presumably, he would have learned that the mother had two other children at home and would have (also as required by the DHR Manual) actually talked with those children. Had he done so, he might have learned more about how dangerous the home environment was both to the newborn baby and the older children.
Gowens set up a “safety plan” with the mother, using her mother (the grandmother of the children) as a person who had information about the children. Gowens learned a month or so later that the mother had made statements to him about her substance abuse that turned out to be untrue. He tried to visit the mother at her home but was unable to find her.
Tragedy followed about three months after that, when fire broke out in the residence. In that fire, one of the older children received third degree burns on her body, and fingers of one her hands had to be amputated. When he reopened the investigation, Gowens learned about the other children, learned that grandmother had a history of child neglect charges through DHR, and learned that the children had been unable to escape the fire because the grandmother had locked them in the house alone when she left for work.
There was no evidence or allegation that Gowens ever acted in bad faith. Instead, the evidence is of his failure to follow the DHR Manual.
The supreme court had several questions before it, all presented on interlocutory review (asking for appellate guidance while a case is ongoing):
- Whether Gowens was immune from any suit in connection with his work for DHR under Ala. Code § 26-14-9, which purports to extend immunity to designated persons who investigate child abuse or neglect.
- Whether Gowens was immune from suit by these plaintiffs (the children) because he owed them no duty.
- Whether Gowens was immune from suit by these plaintiffs because his actions were not the proximate cause of their injuries.
The supreme court dealt with the first argument easily, perhaps too easily. Here’s what Ala. Code § 26-14-9 says:
Any person, firm, corporation or official, including members of a multidisciplinary child protection team, quality assurance team, child death review team, or other authorized case review team or panel, by whatever designation, participating in the making of a good faith report in an investigation or case review authorized under this chapter or other law or department practice or in the removal of a child pursuant to this chapter, or participating in a judicial proceeding resulting therefrom, shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
The supreme court said that although the statute does indeed grant absolute immunity, the immunity does not arise unless the suit contains within it a charge that Gowens did one of the three acts. That’s not what the statute says. It says that any person participating in one of the three acts will be entitled to the immunity. I can accept that the legislature may not have intended the broad result Gowens advocated, but the plain language of the statute says that, and it should be up to the legislature to amend the statute, not up to the court to impose its own limitations.
Next the supreme court dealt with whether Gowens was immune from suit by these plaintiffs because he owed them no duty – also called “state-agent immunity.” The supreme court said that Gowens was clearly acting within the scope of his authority but that he forfeited the state-agent immunity when he failed to follow the procedures prescribed in the DHR Manual (he failed to verify the number of children in the household from an outside source). Had he followed the DHR Manual and learned that there were other children at the mother’s home, the supreme court speculated, he would have interviewed those children (also as prescribed in the DHR Manual) and might have learned the extent of the mother’s deception.
The DHR Manual simply does not confer upon the investigator of a CAN report the judgment or discretion to limit this crucial inquiry to asking questions of the alleged perpetrator. The mandates of the DHR Manual in this regard are precisely the sort of “detailed rules or regulations” that State agents cannot ignore, except at their peril. For these reasons, Gowens is not entitled to State-agent immunity.
Finally the supreme court turned to the issue whether Gowens was entitled to immunity because his action were not the proximate cause of the plaintiffs’ injuries. Observing that the question of proximate cause is one of fact, the supreme court said that there was no controlling question of law for the court to review. “We decline, therefore, to review this fact-specific issue.”
Lee’s thoughts: So what is a DHR investigator to do? Let’s consider those who are planning now to become investigators like him. They know they will be paid relatively poorly and will be swamped with work. They know they will be spending their working hours with parents like the mother of these children, on the margins of society and resenting DHR and all its employees for intruding in their private lives. And now they know that anything other than the most scrupulous adherence to every list of tasks in the DHR Manual places them at risk of ruinous personal liability.
No matter that they were trying to do a good job; no matter that they had the best interests of the children at heart. “Gotcha! You missed task #26, so now you’re on the hook.” Forget for a moment whether it’s fair. It sounds like a doomed policy, because I don’t know of anyone of basic competence who would choose to live with that risk.
I certainly don’t face it, and I make better money than most DHR investigators. Lawyers are extraordinarily forgiving of themselves for minor transgressions. Why do we choose to be more strict, more demanding, and more condemnatory of those we need more and reward less?
To obtain a copy of the complaint form you log on http://www.socialwork.alabama.gov The complaint form does require you to sign it and have it witnessed, but I hope that does not keep anyone from doing what is right and in the best interest of children. You can also check and see if you caseworker is licensed or not on this website. Check it out!
I would like for REBECCA, the social worker who resigned from St. Clair DHR, to contact me @ mooremango@yahoo.com
What happened to little Tori was truly a tragedy. However, DHR did not kill this child. Her mother’s boyfriend did. He is paying for his crime in prison. Judges give custody to relatives. NOT DHR. Judges can give custody to whomever they wish with no legal consequences and with or without concurrance from DHR…meaning the Judges CANNOT BE SUED, but DHR can. Blood sucking family members out to make a buck will sue anyone that has money. I know that the DHR workers involved in this lawsuit followed policy. I know this because state legal will NOT pay legal fees of DHR workers who violate policy. I know that those who want to see the worst in everyone will disregard this FACT and continue to believe what they wish, but for those of you who really want to know the truth, I have just spoken it. Cruel people with cruel hearts always want to see the worst in everyone. I feel sorry for whoever wrote blog # 198. You act like you know the facts, but were you there? No. It is a horrible thing when the life of a child is taken, but lets be honest and lay blame in the appropriate places. You are a joke and I think that if you really knew facts, you would not be listed as anonymous.
14. The social worker should avoid engaging in sexual
relationships with colleagues when there is potential for conflict
of interest. The social worker who becomes involved in, or
anticipates becoming involved in, a sexual relationship with a
colleague has the duty to transfer professional responsibilities,
when necessary, to avoid a conflict of interest.
I wonder how many cases would be affected and what the remedy would be for the children and families of each case?
Author: Walley, Page
Full Article:
On January 16, 2007, U.S. District Judge Ira DeMent issued an order of national significance. After 19 years of federal court oversight, Alabama’s child welfare system not only met the high expectations of the court, but also demonstrated an unsurpassed ability to provide for the safety and well-being of children and families in distress. With that, he dissolved the R.C. v. Walley settlement agreement, making Alabama perhaps the first state to comprehensively exit such federal oversight.
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While the ruling has garnered national attention, the child welfare system created and maintained in Alabama is the story. The change of philosophy, employee training and development, caseload standards, citizen oversight committees, performance measurement, all undergirded with improved technology and additional financial and personnel resources, represents an epic metamorphosis. The work of employees, advocates, service providers, foster families and government officials committed to change and willing to abide by the law of the harvest–you reap what you sow; you reap later than you sow; and you reap more than you sow–has resulted in a bounty that few imagined possible 20 years ago.
In 1986, Jefferson County (Birmingham) Circuit Judge Sandra Storm ordered a child, initials “R.C.,” into Alabama’s foster care system. In what Storm described as a “nightmarish, long journey through hospital mental wards, psychotropic medication and separation from his family,” R.C. experienced a shameful maltreatment that symbolized the shortcomings of an entire system.
At that time, a governor-appointed commission discerned that the average caseload of child welfare caseworkers in Alabama was 65. There was inadequate training for caseworkers, child abuse allegations left uninvestigated, antiquated equipment for caseworkers’ use, and on and on. The child welfare system was failing Alabama’s most needy. The American Civil Liberties Union sued the state on behalf of R.C. at the request of his father, and the state agreed to enter into a consent decree requiring radical improvement–or “conversions”–of its child welfare system in each of the state’s 67 counties.
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While space does not allow for a comprehensive enumeration of what was done to transform from then to now, some cardinal principles and accomplishments merit special mention.
First, each county, under oversight of the state office, developed a system of care founded on the principles that: 1) children should live with their families when they can do so safely, 2) comprehensive services should be provided to children and their families, 3) regular family-planning meetings with the family and the individualized community support teams should be held with reunification, relative placement, or adoption as their focus, and 4) reports of child abuse and neglect should be rapidly investigated.
In addition, the state and each county developed citizen-composed quality assurance committees to review practice and outcome information related to the improvement efforts. Report cards for each county’s child-welfare performance were created and permanently and publicly posted on the Department of Human Resources’ web site. The report card consists of a four-level ranking of the respective county’s performance over a six-month period based on the following indicators: 1) Safety — cases of abuse/neglect, or CANS, pending, prevention assessments pending more than 90 days, and response time of initial contacts on CANs received; 2) Permanency — no compelling reasons/termination of parental rights 15 of last 22 months, TPR petitions overdue greater than 90 days for children with adoption as the permanency plan; 3) Qualitative Items (from reviews of cases by County QA Committees) — average child and family status rating, average system performance rating.
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Employee professionalism was enhanced by a tiered social-work classification. Child-welfare caseworkers are expected to have at least a bachelor of social work degree and are required to obtain a license within one year of employment. Attracting caseworkers with a master’s degree in social work and financially providing incentives to licensure were given priority in the classification changes. An extensive training curriculum was developed, accompanied by an aggressive recruitment and retention effort. A consortium of Alabama universities and colleges, which train and produce BSWs and MSWs, was initiated, allowing for improved student preparedness for DHR employment.
An effort to maximize federal funds was successful. In conjunction with a greater investment of state dollars, the effort led to a rise in the number of social workers in the field, an increase in entry pay and supplements for service in certain placements, and the reduction in worker caseloads to an average of 13.
Each county, and five separate regions in Jefferson County–Alabama’s largest–then were subjected to a rigorous “conversion” process, culminating in a “conversion review” that included presentations by child welfare staff and community stakeholders to the federal monitor, plaintiffs’ attorneys and DHR state leadership. These 71 presentations were conducted only after the respective system had matured and could document attainment of performance on 51 separate indicators of safety, permanency and well-being. The monitor then made a decision as to whether conversion had been achieved. Prior to the state’s release, each of the 71 jurisdictions successfully “converted” and the state ultimately demonstrated that the systemic conversion could be sustained.
In a Jan. 21, 2007, op-ed piece in the Birmingham News, now retired Judge Storm reflected that R.C. is now 26 years old and that “the progress the state has accomplished improving the DHR system is nothing short of phenomenal … there are enough people and funding to meet professional standards at DHR in every county.”
Indeed, the professional practice, employee quality and support, family-centered focus, and standards of performance that are measured constantly and used to manage have transformed a system from what many national experts have concluded is a proverbial “worst-to-first” achievement.
But what now? How do we reassure some who are jittery about a regression to times past given that court oversight has been withdrawn? First, the family-focused philosophy has been and continues to be systemically imbedded throughout our agency. Basically, the mantra is “if it isn’t good enough for my child, it isn’t good enough for anyone else’s child.” We have even gone to the extent of permanently codifying all of the “R.C.” policy in the DHR Administrative Code. Now, R.C. principles are DHR principles, and we are raising our performance expectations and practice above what the consent decree contemplated. Second, the aforementioned permanent Quality Assurance Committees and supervisory and performance accountability network from the counties to the state office help ensure our steadfastness.
[ILLUSTRATION OMITTED]
To build some redundancy of quality review into the system, in addition to each county’s ongoing review by its respective County QA Committee, the state QA office subjects every county to an exhaustive case and system review–basically replicating the original conversion review process using the 51 performance indicators–at least once every three years.
Meanwhile, we are challenging ourselves to expand our “continuums of care,” where we no longer provide incentives to the provider community for services to children in out-of-home placement, but rather for aggressive work to prevent removal or rapidly reunify families by “stepping children down” on a continuum of services from more restrictive to least restrictive placement. Providers, as a result, are overhauling their models of service provision. We have expanded competition among provider partners and closely monitor performance outcomes.
Now every child in any out-of-home care placement is assessed every six months by an independent assessment team, using a standardized instrument to determine progress, and either stepping that child down and back toward home or determining why current services are not resulting in progress and making the appropriate adjustment. We are even preparing what we believe is a highly progressive proposal that providers are paid only upon a child’s return to home, and we expect to have positive responses.
Our intent is to continue an annual reduction in the number of children coming into out-of-home care while expanding our in-home services. We have more than 75 percent of our children in care in the home and/or basic foster care, one-fifth of 1 percent in deep-end residential services, and 12 percent of children in out-of-state placements. Our goal in 2007 is to return all out-of-state children home and to step down those children in out-of-home care so that 75 percent have a less restrictive placement than they currently occupy.
The harvest recently reaped in Alabama’s child welfare system signals the end of but one season. The good farmer knows that the new season has now begun. While we are pleased, we are not proud because the work continues with the hope of a more bountiful harvest ahead.
Page Walley is the commissioner of Alabama’s Department of Human Resources.
<p>Is there anyone else besides me that remember the death of two year old Victoria “Tori” Monette in St. Clair County? She was beaten and scalded to death by her mothers convicted sex offender boyfriend. Little Tori was taken off life support in 2003, one day short of her third birthday. </p>
<p>The St. Clair Times dated 04-27-2005 reported that the state reached a settlement in a wrongful death suit filed by Tori’s family. The lawsuit alleged that “the defendant’s committed acts or omissions which violated specific laws, rules, and/or regulations of the state of Alabama enacted or promulgated for the purpose of regulating the activities of DHR proximately causing the death of Tori Monette.”</p>
<p>According to this article there were a total of four DHR employees named in this lawsuit. </p>
<p>The State of Alabama paid all legal expenses for the four employees and then paid a 550,000 in a wrongful death suit. As part of the settlement the records were sealed from the public. </p>
<p>A Daily Home editorial dated 04-21-2005 stated, “It is self-serving to say anything other than the entire 550,000 represents acceptance of responsibility for a terrible and tragic death.”<br />
I agree.</p>
Victoria Monet is one of many children who suffered critical and sometimes fatal injuries at the hands of their parents and/or caregivers. DHR, schools, hospitals, neighbors, friends, etc… cannot be held accountable for every injury sustained by children across the state. At some point, parents need to be held accountable for their actions. I do not agree with all of the actions, or lack thereof, of DHR; however, parents are the ones solely responsible for the health and wellbeing of their children. DHR may not be perfect, but is anyone???
Page Walley is the commissioner of Alabama’s Department of Human Resources. STATES…………..
Now every child in any out-of-home care placement is assessed every six months by an independent assessment team, using a standardized instrument to determine progress
how does one a parnet get in touch or look-up the results of these so-called independent assesment members?????????
Loki,
Only those children determined to be “therapeutic” are given independent evaluations every 6 months. The purpose of this is to see if the additional services provided to these special needs children is still necessary. Children in traditional foster homes are not evaluated the same way.
“therapeutic” are given independent evaluations every 6 months….. WONDERFUL MY SON has DOWNS , how do i find out the results of these evaluations
Having Down’s Syndrome does not qualify your child for therapeutic services. Therapeutic children are those with extreme emotional/behavioral problems which cause foster parents to go to extraordinary lengths to keep them in the home (24-hour supervision for self-harm behaviors, physical aggression, etc…). They have to have an Axis I diagnosis AND extreme behavior issues that accompany the diagnosis. If your child is therapeutic, you should at least be given the results of the assessment, as a member of the ISP team.
1). Why were the Social / case workers I requested information about , I put the (their) names here on this BLOG , why did someone remove their names??
a). Are theses social/case workers “not” public servants ?
1). I know they are acting as federal agents per.
Section 38-2-6 Duties, powers, and responsibilities of state department of human resources
(2) Exercise all the powers, duties, and responsibilities previously vested by law in the State Child Welfare Department
(5) Act as the agent of the federal government in welfare matters of mutual concern, and in the administration of any federal funds granted to the state
to aid in the furtherance of any of the functions of the state department, and be empowered to meet such federal standards as may be established for the
administration of such funds
b). I was jjust asking for their license #’s which are available to the Public
C). If they are not “licensed” , (like if I had no drivers License) how can they legally “operate”?
D). I have seen Ex-Head Judge of Jefferson County Family Courts name on here numerous times, why not the caseworkers or social workers or GAL name or Public
defenders names
E). Just how “free speech” are, is one allowed to have on here
1). Does the State mmonitor this site , regulate it?
F). If you need my full lawful name and a place were i can send “PDF” files “proof”, I will be glad to, only state which I can prove by court case file paperwork
submitted by Alabama DHR workers and/or by the State Attorney Generals office
Alabama Code of 1975 states Section 38-2-6 Duties, powers, and responsibilities of state department of human resources
(2) Exercise all the powers, duties, and responsibilities previously vested by law in the State Child Welfare Department
(5) Act as the agent of the federal government in welfare matters of mutual concern, and in the administration of any federal funds granted to the state to aid in the furtherance of any of the functions of the state department, and be empowered to meet such federal standards as may be established for the administration of such funds.
I am aware that nearly every time DHR makes a decision, it offends someone, so I’m not surprised at the vast reservoir of anger about DHR expressed here. I have silently allowed the expression of all manner of opinions on this blog, even opinions that sicken me. I will, at least for the time being, attempt to continue allowing the discussion of principles concerning the authority, policies, and practices of DHR. I have decided to draw the line, however, at posting the names or identifying information for any individual case workers within DHR. If it’s critical to you to identify specific DHR line staff by name or other information, I won’t try to stop you, but I will stop you from using this blog to do it.
If you are a line DHR staff person who knows of information here on the blog that identifies you personally, please provide me the URL, the number of the post, and the nature of the identifying information, and I will take appropriate steps to conceal your identity.
WHAT do you do when you find out your case worker is not licensed?
If they are not “licensed” , (like if I had no drivers License) how can they legally “operate”?
I am looking for Kristee in the first tragic Blog from Coffee County. I have lost my child to her abuser, and I am fighting to get her back home safe. I want to know if these are the same people that made the decision to hurt your child in Coffee County. I will never stop fighting for my Daughter’s justice, and will protect her from this criminal, no matter the cost. Incest is a crime, and DHR is protecting the abuser. It helps when the foster care social worker is sleeping with my ex-husband! I will not stop until she is fired from DHR! I have evidence of this, and will bring it out when I go to the top in Washington DC, in person, very soon. I would never give this evidence to anyone in this state of Alabama!! I certainly am not that stupid! I hope that OLD, redheaded FAT child abuser social worker, who told my Daughter that her Mommy doesn’t want her anymore and that her mommy is hurting her, all to protect her lover, is reading this blog! I have allot of reasons to speak of this woman in this way!! She has aided in destroying my life, at my Daughter’s expense. My ex-husband was a slime ball to get in with DHR, the way he has with all his manipulation that all involved believed! Pedophyles are genius’s at manipulation!!! My Daughter is being sexually molested by her Dad every single day of the week. He is allowed to hurt her. He is allowed to put his fingers in her butt, and spray his spray into her mouth! There is enough evidence for any person to be extremely cautious of such a decision as putting her permanently with this monster and his incest loving family. This is their Family secret!!! But no one will investigate this, because they hate me so badly. I have professional witnesses, proving the disclosures of abuse. I am being retaliated against by many people, mostly DHR. Do not go to the state DHR office for help!! The State will ignore you and have your children taken away if you dare complain about DHR, or dare to protect your children, who are hanging on a thread as it is to stay free of Federal Supervision. They certainly do not need more negative attention in any way, which is why they chose to ignore legitamate complaints. Little do they realize that by not helping the protective parent, they are drawing much more attention by doing this and by ignoring the certain social workers that are giving DHR a bad name, who need attention also. It is all such a shame.
Kristee, please let me know how to contact you if you see this. I am gathering up all I can quickly, as others are also. Nobody wants to see children hurt and destroyed as human beings, especially for reasons of personal gain!!! I will protect my Daughter until she is free and safe at home with me, who is living in a hell on earth, as her and I both know it because I lived there once too, only I wasn’t a child!! I will go away if my Daughter is freed from this abuse!! But not until!! The truth will come out, but not quickly enough. I need your story, or anyone elses in this county. Thanks.
Fighting For Justice
I just read the Blog from Lee Borden. I appologize to you for using identifying information in my Blog. I assumed this was a website to speak freely about the problems you are having with DHR, as I have read many of these Blogs before reading yours. If you would like to take out the certain lines in my Blog, please feel free to do so. Again, I respect your concern, and appologize for not knowing.
Fighting For Justice
You might take note that in post #205 that Page Walley, I’m sorry, the Commisioner for the State of Alabama DHR states the average caseload for his DHR employee’s is 13. That’s funny, every caseworker I’ve spoken with have said they have an average of 25 to 30 cases. And, that each case may have more than one child involved. Is the commissioner out of touch with his employees?
Loki,
You do not have to be licensed to work at DHR. If a DHR worker has a degree in social work, they have to be licensed within 1 year of employment. However, DHR also employs caseworkers. These people hold degrees in social work related areas, such as psychology, sociology, counseling, criminal justice, etc… Since these people do not have a social work degree, they cannot hold a social work license.
I am a social worker who dared to stand up against wrongdoing. I need everyone’s prayers and support.
Ahearing has been scheduled in my case for January 17, 2008 at 10 a.m. in the conference room in the office of the Alabama State Board of Social Work Examiners, 100 North Union, Suite 736. If anyone can attend, your presence would help a lot. I hope to encourage media coverage for this witch hunt DHR is on. I will keep watching the post if anyone wants to contact me or be willing to come contact me by the e-mail I am providing; mooremango@yahoo.com
Thanks
Dear Anonymous-
WHY is there a hearing regarding your case at the Alabama State Board of Social Work Examiners. This has nothing to do with DHR. Your hearing is not set at the Alabama State Department of Human Resources. Obviously, you have violated ETHICAL policies laid out by thee National Association of Social Workers CODE OF ETHICS. So now the tables are turned, someone filed a complaint against you and your license… someone OTHER than DHR investigated… enough evidence was found to have a hearing (sounding familiar?????)… and now you feel that you are being wronged by DHR for what reason? If you voilated social work ethics, you should have a hearing and you should have your license revoked. Then, you will never be able to call yourself a SOCIAL WORKER again. It is people like you who give social workers who follow the Code of Ethics a bad name. Ethics are there for a reason. It was your DUTY and RESPONSIBLITY to follow them. If you chose to violate them, no media or presence of others will help you. Looks like you are on your own!!!
As you can see, even if I wanted to post names of social workers, I can’t. I also can’t be specific, as far as names of the families I’m helping, unless the family allows it. Remember that “confidentiality” thing DHR stresses so much? I have never, to my knowledge (of course I’m sure if I’m wrong someone will let me know)lumped all social workers together. On the contrary, I have actually stood up for the good social workers and said that people shouldn’t say all of them are bad. I do know for a fact, that policy is not followed in the MAJORITY of cases. I had a family take policy to their ISP the other day and the social workers actually said “What is that? Can we make a copy”. I can’t believe that they honestly didn’t know that it was policy, but feel that DHR was making sure I was not giving out “erroneous” information like they accused me of before. I don’t make up the policy, I just try to help people follow it. It’s really good policy if it’s followed.
Judges can ONLY make a decision based on the information that is given to him. Who gives him/her that info?? DHR and the attorney’s. There are judges that never ask to see the parents. There are judges that tell the parents to shut up and don’t speak because they are low lifes. There are judges that scream profanities at the parents because of what a social worker told him. Judges are not investigators, but they should make sure they are getting ALL the information they need. Most judges never even ask to see the ISP that guides every decision DHR makes about the child’s life (or is supposed to guide the decisions). You will notice that I’m not saying ALL judges are like this, nor are ALL DHR personnell like this.
I don’t think most workers ENJOY taking kids from families, but they are encouraged to do so, because DHR gets most of its money from the feds for foster care, and not for services to keep the family together. FACT! I think most workers would love to keep the kids in their home. It would ease their workload and make more sense.
If attorneys didn’t continue cases regularly because they aren’t prepared, or they have to go on vacation, or whatever the pitiful reason is (not the good reasons mind you)cases could be taken care of in a timely manner. I know lots of attorney’s and actually do get the inside scoop on this stuff.
Once again, why is it always a “disgruntled worker” or someone who has been fired from DHR that is saying the truth about DHR?? Maybe it’s just someone who got fed up with corruption and lies and decided to get a job somewhere else and tell what they know to be true? I know way more than any DHR worker thinks I know, or wishes I know. I have many families and DHR workers telling me the real deal, and I have lived the real deal. That’s how I learned everything I know now. I start out as an impartial advocate for families. I listen to their stories, I then get DHR’s story. When I find out that the family is not doing what they need to do to get their kids back, I tell them what they need to do. If I find out DHR is not giving them the services they are entitled to, to get their kids back, I go into an ISP and see what we can do. It’s that simple. There is NO hidden agenda. My cards are on the table. Just do your job, and I mean both sides (parents and DHR), and we can go from there. Oh, and if I find that DHR has their children for no good reason, I fight to get the kids back to the family. What’s so wrong about that? There are many times DHR doesn’t even have a pick up order on the kids. Therefore, how can DHR have custody of these kids? DHR will sometimes transfer custody from one parent to the other when clearly there is a court order saying who has legal custody. I think that DHR needs more qualified attorney’s ON SITE of each DHR building to guide social workers. Maybe a pediatrician or two on site would be helpful also, to actually check each child out that comes into care (immediately)to see if they have really been abused.
Once again I will tell everyone that wants to know DHR policy to go to the AFAPA website (Alabama Foster and Adoptive Parent Association) and look them up. DHR will not post policy on the computer for the general public. I don’t know why. Ask Page.
Give me a call if you need any info that I can find for you. I get my info from policy manuals and those that know. It will be legal information NOT legal advice. I can’t do that 🙂 but Lee Bordon can 🙂
Mr. Borden, Post #142 you allowed a DHR emplyee for St Clair County to name a former licensed social worker. I know I reported this to the senator and representative for that county. I was assured the attorney General would be informed. As of this date that post is still there!
Why allow DHR Employees to name names on state time, computers and phones etc.? You have choosen to edit the truth about DHR that was previously run in newspaper articles. DHR does not want to be reminded of the past. They did not learn from their past mistakes and they know they are still not following procedures today that would have prevented the tragic death of a child!
How about instead of charging an owner of a website with neglect,
focus on the actual reality…that each individual is responsible for their own actions of thinking…then typing…then proof reading…then posting.
Its not just the state (or this website) that is starting to take notice of policies based on “social justice”…there are many news reports being wrote about the actual reasonings behind this theory (and it is only a theory).
Even the actual Code of Ethics of Social Work and the classes required to obtain the degree is being called in to question by many people in the U.S.
Can a social workerer please tell me is your degree an Applied Science or Liberal Arts degree?
To #221. False complaints were made against me. The Board of Social Work Examiners is just an extension of DHR. If anyone has tried to seek accountability or help regarding DHR actions you must realize there is no help only retaliation. The only thing I am guilty of is trying to fulfil my ethical obligations as a social worker, i.e. Social workers’ primary goal is to help people in need, to address social problems, and challenge social injustice. Believe me, the minute anyone dares to question DHR they go into attack mode. I am not guilty of what they say. I can sleep at night. Anonymous
Post number 221 is correct. This is why I no longer help foster families that are trying to do what is right by their foster children. They need services, but as soon as they ask for them, the child is removed from that foster home and put into another one that doesn’t know what problems the child has. The foster parents can’t ask me to help them, because the child will be removed from their home if they do. Retaliation, plain and simple. There are no thoughts of how it will damage this child when it is bounced around from home to home for NO GOOD REASON.
I now help birth parents, which is what foster parents and DHR are supposed to be doing, and it is working wonderfully. The birth parents have the right to speak to anyone they want, whereas the foster parents are bound by “confidentiality”. The birth parents can have as many advocates in their ISP’s (meeting, conversations. or whatever DHR is calling them on that particular day), that they feel like they need. Knowledge is power and that is what I try to give to families. I empower THEM to do what they need to do to get their children back. If they shouldn’t have their children back, they usually don’t do what I tell them they need to do. Therefore, the children are in a better place by being away from the parents. I have met some awesome parents lately that will do whatever it takes to get their children back. Most people are totally confused about how DHR gets away with what they get away with.
Education is the key, and MONEY speaks louder than words.
I see my phone number never made it on this blog. Oh well, google me.
To Post 221. Actually the hearing before the social workers board DOES have something to do with DHR. They made the false allegation. They are good at that you know. Many years of practice. Try to do what’s right at that agency, and you will pay.
This comment really blows me away “Then, you will never be able to call yourself a SOCIAL WORKER again.” DHR has so many “case workers” that call themselves “social workers” that it isn’t even funny. You’re not supposed to do that. Maybe they should never be able to call themselves SOCIAL WORKERS again. Oh I forgot, you have to turn case workers in to DHR when they call themselves social workers. There is NO Case Workers Board to turn them into. There is no point in turning them into DHR when DHR is the ones that hired them.
I don’t have to worry. I’m not a social worker OR a case worker. I just sit back and watch.
So,if you are hired as a caseworker and are not a license social worker, can you be brought up on ethic charges or does ethics only apply to the licensed worker? And if you don’t need a license to be used as a social worker, I suppose you would not have the expense of renewal of your license or the cost of continuing education. Why would anyone want to be a license social worker for DHR?
Does anyone know if the commisioner is still moonlighting? If so, does that mean the state of Alabama does not pay him enough money? If he is moonlighting maybe that is why he is doing such a poor job of running the state Department of Human Resources.
SATURDAY, FEBRUARY 25, 2006
HOME | NEWS | FORUMS | ARCHIVES | OBITUARIES | WEATHER
——————————————————————————–
DHR chief moonlights as private psychologist
MONTGOMERY (AP) — Department of Human Resources Commissioner Page Walley has begun accepting clients in Auburn as a private psychologist, mostly counseling couples with marital concerns.
Walley, who lives in Auburn, sent a letter Dec. 7 asking the Alabama Ethics Commission whether the paid job in Auburn would be a conflict with his government position.
Ethics Commission Director Jim Sumner said he did not see a conflict as long as the work was done either after hours or on weekends and he did not use his state job to get the private work. Only the full ethics commission could issue a formal advisory opinion that carried the weight of law, Sumner said.
One main difference in a licensed social worker and a caseworker is the pay. Licensed social workers are paid a higher salary than caseworkers. Getting your license to practice social work is just like any other profession. It holds you to a higher standard, therefore meaning you have more to lose in your practice. If a caseworker violates confidentiality or any other substantiated complaint is reported, that person can lose his/her job. Just because they don’t have a license doesn’t mean there are no consequences for their actions.
Who is going to hold this “case worker” to high standards? DHR???? All they do, when someone “messes up” (child dies, etc.) is move that person to a different job in another department. Usually, and note that I said usually, that person is not fired and eventually they are put back into the position that they “messed up” in originally.
To whom would you report your caseworker if they are not licensed and not required to be licensed? I hope your not going to say DHR, because they are the ones that hired them in the first place knowing they did not have a background/education to do the same work as a licensed social worker.
are foster care providers in alabama contractors or state employees? wondering if they can be sued for abuse of your child while in their foster care home?
Funny I have had “5” attorneys, one is the head judge of Jefferson county family court in B’ham, “right now as I speak”!!!( I paid for this one from my own pocket, when he was still only an attorney) one of my other attorneys is also a judge of Jefferson county family court in B’ham, but these other “4” have been court appointed attorneys, ( fighting DHR zaps your money fast)
You know what? Not a single one of these illustrious attorneys have never, ever gone over the DHR evidence (case file) with me, that they, the DHR have used against me in court for the last 2,419 days… since August 12th 2001 !!!!!!!!
I have been charged with no abuse, or neglect to any of my children. I have not been charged with any form of substance abuse, alcohol, drugs etc.. Have not been convicted of any domestic abuse to them or their mother, no past convictions of any sex crimes, assaults, battery, jail time, DUI’s, drug crimes, forgery’s, fraud, cruelty to an animal, nothing that would indicate an inability to possess a child, heck I raised “2” to adulthood from a previous marriage, see I am 44 now.
But still to this day , and it is still an “OPEN-CASE” not a one, not one of these attorneys have ever requested for me in a court thru a motion
THESE SIMPLE RULES OF CONDUCT ENTITLED TO THEIR CLIENT(S) :
ACCORDING TO 26- 14-7.1 OF The Alabama code of 1975
Section 26-14-7.1
Due process rights for persons under investigation by the DHR :
(7) The alleged perpetrator shall have the following rights at any departmental investigative hearing/trial:
b. The right to present written evidence, oral testimony, and witnesses.
c. The right to be provided by the department a short and plain written statement of the matters asserted which will be presented at the hearing.
d. The right to review and copy at cost any written or recorded statement made by the alleged perpetrator to departmental personnel in the course of the child abuse/neglect investigation. This request must be made prior to the date for the hearing.
e. The right to review and copy at cost, before or during the hearing, the written material and other evidence in possession of the department which will be placed into evidence at the hearing.
f. The right to inspect any exculpatory evidence which may be in the possession of departmental investigators, and the right to be informed of such evidence if known by departmental investigators before the hearing; provided, that a request for such evidence is made at least five working days prior to the date set for the hearing.
g. The right to review and copy at cost all non-confidential department documents pertinent to the case, including written policies and rights.
h. The right to cross-examine witnesses testifying at the hearing.
i. The right to request issuance of subpoenas to witnesses and compel attendance. This request must be received no later than ten calendar days prior to the hearing, unless a shorter time is agreed upon by the hearing officer.
j. The right to review and copy at cost all documents in the official hearing file maintained by the hearing officer.
OTHER STANDARDS OF CIVIL PROCEDURES ALLOWED TO THE DEFENDANT
1). the ability to cross-examine witnesses, to put DHR and have them swear under oath the evidence they are using against you..or a legal way of putting it…..You’d think they would have filed a motion FOR A “ore tenus” hearing which may be requested, where the parties appear in court, along with/a witness(es), directly in front of the judge, and to demand that “SOMEONE” at/on the state or the DHR level to take the stand, basically whoever is claiming the “custodial responsibility” and under oath swear to the evidence that they are using to keep the children from your custody.
Basically/simply to ask “based on what?”
2). An interrogatory form of discovery, basically a list of questions you can make the State or DHR answer to BEFORE you go to a hearing/trial, to find out all “soughts of stuff” like who or what will the witnesses present or say about you in of court “all kinds neat stuff”
3). Access to the Court report(s) these reports are what the Judge “examines” and basis their decisions on, if you do not have the ability to get these court reports ( which I was not allowed to for the first “4” years” you as the defendant have no “clue” why or where the Judge is coming up with “this stuff” they spew at you in court) by having the ability review the court report which you are legally entitled to at least “10” day s prior to the hearing/trial you can amend the DHR’s recommendations (write down and attach it to the back of the court report for the judge to have to rule on it as well)
4). Although at a trial to have my parental rights removed the Judge granted my case dismissed, on AUG. 2nd 2006 the motion the attorney brought to the courts attention, went like this………………..
a). the state failed to properly prosecute this case in a timely manner (yes 1914 days at that point, THE STATE, The ATTORNEY GENERALS OFFICE , NO LESS, never brought up one charge against the parents)
b). The court agreed that my families home ( the same address found on my driver’s license) in another state (Virginia) was found favorable for custody…
NOW YOU would think since it was “DISMISSED” and it was over THE ENTIRE CASE was DISMISSED… obliviously hearing no objections from GAL, DHR, or the Asst. ATTORNEY GENERAL, for the dismissal of the cases was a tremendous relief….soooooooo after 1941 days of these non-sense finally I felt it was over………
I politely asked my attorney, “Ok where are my children ?”
He said, “I do not know”
Soooo,…. I politely asked the judge, “ok when and where do I pick my children up”
The Judge : “your attorney wrote the remedy of relief you are seeking and your requesting that the DHR to retain custody of your children”
I told the Judge : “your kidding ?”
Judge : ” nope that’s what your motion your attorneys filed for you requests”
I asked him “can I see this motion my attorneys filed?”
Judge, He said “yes, here you go”
I seen it for the first time that day of court (which is ridiculous, they never went over it prior to us entering the courtroom, before court we were told “don’t ask any questions, just shutup ,and it will be all over soon”) I also seen/noticed the clerk of courts stamp that the motion was filed only one day prior to the trial, and
I told the judge : “this motion is ridiculous, I would never ask for my remedy of relief for the DHR to hold my children from me forever”
The Judge said “you need to talk to your lawyers about it, not me, they only do what you tell them to do”
Our lady lawyer in court kept yelling at me ” you don’t understand you have won a tremendous victory, you haven’t lost your parental rights”
Which all that meant to me and my children was I, (AND THE MOTHER) STILL ONLY GOT TO VISIT MY/OUR CHILDREN FOR “TWO HOURS” ONCE A MONTH IN A DHR INTERROGATION ROOM
DO YOU FOLKS REALIZE O.J. SIMPSON WHO WAS FOUND GUILTY IN CIVIL COURT FOR BEING THE CAUSE OF HIS WIFE’S DEATH ( THE MOTHER OF THEIR/HIS CHILDREN) BUT AFTER ONLY 940 DAYS HE WAS GRANTED CUSTODY OF HIS CHILDREN RESTORED TO HIM, EVEN THOUGH HE HAD NO JOB, HAD TO AUCTION OFF ALL HIS POSSESSIONS TO BE FOR THE LOSS OF THE CIVIL LAWSUIT……..AND OUT OF THOSE 940 DAYS 870 WERE BECAUSE EITHER IN JAIL OR IN A TRIAL.
BUT SOME JUDGE STILL FELT IT WAS SAFE ENOUGH TO PUT CHILDREN IN HIS CUSTODY …but after 2,419 days I, and my wife, the aunts, nieces are still only allowed 4 hours a month visits with my/our children at DHR
Funny we asked at a ISP years ago, why do some families get to see their case file to be used against them and we are not allowed to see ours???, the DHR caseworker in front of all the attorneys, GAL and asst. attorney general at this ISP said “Well the parents who we feel are guilty of a crime are allowed to see their case file, because that would be according to the “criminal code of ALABAMA, but those who are not charged with a crime might use what they find in the case file to turn around and sue us for holding their children, based only hearsay, and since you have not been charged with a crime , you do not have the same rights that parents charged with a crime does”
well they warned me the DHR on Aug.12th 2001 that if I didn’t sign a confession stating i knocked a tooth(molar) out of my wife’s head I would never get custody ever…..funny I have the Aug. 12th dental records that the dentist proved all “32” teeth are in my wife’s head, if anyone would like a copy, but my wife’s 80 year-old mom said that on Aug 2nd 2001 , at the time of my child’s birth , the swelling on her daughters face ( my wife had a root canal done earlier that day,,,but dentist didn’t remove any teeth)was the result of me beating her(while she was7 1/2 months pregnant) and by this attack made the baby come out prematurely and also causing a tooth to be knocked from her head….DHR didn’t bother to check her mouth just went right to JUDGE STO… and she granted DHR the pickup order or the ability to keep our child now for 2,419 days in their DHR custody,,,and I hear because he has DOWNS is why they wont return him to the parents. TOO much money they make on the disabled.
I asked DHR on Aug. 12th “if i beat her so badly, and made the baby come out by this vicious assault, why are you folks not having the POLICE put me in Jail?” They said” we are going to TRY to work with you without any POLICE intervention…..
Beverly I am trying to find a way to contact you, I think you could help me
or at least guide me in the right direction in my situation.
Post #205 Page Walley states that the mantra is “if it isn’t good enough for my child, it isn’t good enough for anyone else’s child”. Why then did DHR place my relative in a halfway house with a parent for over 8 month’s that they themselves had deemed to be abusive? Halfway house’s are not required to do background checks on any of the parents living there! Wouldn’t that be consisdered child endangerment?
The child’s guardian ad litem stated she toured the facility and was impressed with the newnest of the facility. I asked her, would you want your child raised there? There was dead silence, I guess the answer was a no! So Page Walley, why did you and your DHR staff feel it was good enough for my relative?
Page Walley states that the mantra is “if it isn’t good enough for my child, it isn’t good enough for anyone else’s child”.
That’s because Page knows his kids will never be taken from him, or even have the threat of them being taken. It’s easy to say things like this when you have power and money.
We need as many BIRTH parents as we can get to go to Montgomery with us to help get the bill passed for open juvenile courts. Until all of this is brought out into the light, nothing will change. We need the public to hold the courts, and DHR accountable for their actions. If they aren’t doing anything wrong, then they have nothing to worry about. Families will be protected with this bill, but the truth will be seen when the public gets to go into these hearing and see what is really happening.
How many of the social workers posting on this blog, take the children to the doctor or hospital when there is an allegation of abuse? I don’t mean 10 days later, I mean THAT DAY, when the child is picked up so the doctor can do an exam to see if there really is abuse? You know there are rules about when the child should be taken to the doctor. It just seems like common sense that DHR would take the child to the doctor immediately if they suspect abuse. I know that I always did, when I was a foster parent, to make sure the child didn’t have internal injuries that no one could see. Half of the time, the doctor couldn’t even tell the child was abused. None of this got into court, however. When the child’s record was looked at during an ISP, the worker would say “we don’t have that information in the file”. Not my fault. I couldn’t make sure DHR documented everything, all I could do was MY JOB. The doctor usually wasn’t even contacted to see if there was any abuse. Why does everything have to be so hard????? Oh yeah, I had a GAL in Bessemer tell me that doing crack and drinking alcohol during pregnancy, has never been proven to hurt the child. Where do they dig these guys up??? I think his mother must have drank heavily while pregnant with him.
I’m sorry, I was wrong. It wasn’t the GAL (she sat there and never said a word during the ISP), it was the DHR attorney (this was approximately 4 years ago and I’m getting old:). I had ADAP in the meeting and the ADAP attorney almost fell under the table when this guy said that.
THIS IS THE MOTION FILED AFTER THE CASE WAS DISMISSED ON AUG 16TH 2006, BY A “GOOD JUDGE ” NOW IN JEFFERSON COUNTY,(he was my court appointed attorney)
BUT HONESTLY IT TOOK HIM A FEW YEARS TO LIKE ME , BECAUSE HE TOLD ME A FEW YEARS INTO THIS HE TOD ME ” I JUST FIGURED YOU WERE SCUM LIKE EVERYONE ELSE WHO IS IN HERE (HE WAS PERTAINING TO FAMILY COURT)HE TOLD ME “I HAVE SEEN SOME REALLY HORRIBLE PEOPLE, AND I FIGURED YOU WERE ONE TOO”…..BUT I JUST LAUGHED AND SAID ” I UNDERSTAND”… “NOW DO SOMETHING” AND HE DID……..BUT THE JUDGE THAT THE ALABAMA SUPEREME COURT HAD TO APPOINT TO THIS CASE….THIS CASE IS SOOOOO MESSED UP THEY HAVE TO GET A JUDGE TO HERE MY CASE APPOINTED BY THE ALABAMA SUPREME COURT , WHICH TAKES 6-12 MONTHS TO DO , AND EVERY TIME A JUDGE RECUSES HIMSELF IT TAKES ANOTHER 6-12 MONTHS, AND THEY HAVE TO START FROM THE BEGINING
ooooh “3” “three” things to notice
1). the judge denied this motion
2). ( paragraph #2)
(a). I had NO ATTORNEY in 2002
(b).and he, as the court appointed attorney in 2004 hearings/trials admits, he did not defend me as a defense attorney is entitled tooo according to Alabama Rules of Civil Procedure 26-14-7.1 (b)(c)(d)(e)(f)(g)(h)(i)(j)(k)
3). (paragraph #3) When I showed the FBI this MOTION they said “the #1 thing that POPS out as illegal is that no recordings of the hearing/trials exsist, which is illegal for how are you(refering to the defndant,me) supposed to be able to appeal a ruling to the appellate level, when you need a record of the proceedings in which you are appealing?”
IN THE FAMILY COURT OF JEFFERSON COUNTY, ALABAMA
IN THE MATTER OF:
CASE NUMBER
xxxxxxxxxx 2001
xxxxxxxxxx 2002
xxxxxxxxxx 2004
I MOTION FOR IMMEDIATE HEARING FOR CUSTODY THE FATHER
Comes Now the Father, Kxxx Lxxxx, by and through his attorney of record, W.
Axxx Sxxxxxx, Jx., and moves this Honorable Court for an order granting onto him
custody of the above stated children, for the following reasons:
1. That Dependency of Kxxx Xxxxx was found on March 12, 2002 and of
Kxxxxxx Lxxxx and Kxxxxxxx Lxxxx on April 24, 2004; ,
2. That at the March 12, 2002 hearing, the father was not represented by an
attorney, nor was he afforded the right to a court appointed attorney, there was
no trial in order for the court to accept testimony and/or evidence and no
transcript or recording of any proceeding of said hearing;
3. That at the April 24. 2004 hearing, the father was present and was represented
by counsel, but was denied the right to a trial for the taking of testimony and
the admittance of evidence. There is no transcript or recording to any
proceeding on this date. Furthermore~ an order was entered against the wishes
of the father and his attorney, in which neither signed nor agreed to any of the
contents of said order;
4. That the father has never been allowed to defend any allegation listed in the
Dependent Petitions,made the basis of the above styled cases;
5. That the Jefferson County Department of Human Resources is in violation of
the RC Consent Decree, in that they bave failed to exhaust any and all of its
administrative policies and procedures in efforts to rehabilitate this father and
his children;
6. That the father of said above named children was served with Petitions to
Terminate his parental rights of Kxxx Xxxxxx on August 4. 2003 and of
Kxxxxxx Lxxxx and Kxxxxx Lxxxx on November 8th 2004. That on Au&ust 14th
2006, some one year and nine months plus later,said Petition to Terminate
parental Rights of the father was finally set for trial. giving the father his first
opportunity to defend himself of the allegations and present testimony, but
was learned that DHR had made a request to dismiss the petitions due to the
paternal grandmothers years of involvement with the case, a favorable
homestudy, and her desire to have custody of the children;
7. Furthennore, a Motion to Dismiss was filed in the above stated cases on
August 14, 2006, based on the activity as described in Paragraph 6 herein
above, and after consideration, this Honorable Court “Granted” said motion
on August 16, 2006, dismissing any further action of this court. Said motion
is attached as “Exhibit A”;
8. That since the dismissal of said case, DHR has failed and/or refused to return
physical custody of said children to the father;
9. That due to the constant delays, the inability of the father to have his day in
court, and the poor administtation of the case, the father has suffered
irreparable harm. in that his family has been estranged one from the other
causing them not only the lose of their physical bond between this family but
also any mental and/or emotional bond and clearly violates any Po1icy and
procedures in which Jefferson County Department of Human Resources and
this court is reasonably expected to perform ..
Wherefore, Premises Considered, the father moves this Honorable Court for an order
returning immediate custody of the said minor children to the father for reasons as stated .
above. Furthermore the father would request any other, further and/or different relief in
which he may be entitled, and has not herein requested.
Respectfully submitted this the 3w day of October, 2006.
W. A S
Attorney for the Father
1xxx CXXXX Pxxxx Parkway
Ste.1XX
Birmingham, Alabama 35215
XXX-XXXX
This court appointed attorney of mine at the time did what he had to do to get by,(“go along toget along) , butthey “KEPT” me in the “GAME TOOOOO LONG” and I “learnedoooh too much” “7” years of this…. , but now that he is a judge I hope ,I truley believe he will be fair,and wise and to please give him a chance……. and hopefully the Head Judge toooo, is being an honest Judge as well as an Administrator and may GOD (whose name is ineffable) guide their Conscience(s).
LOKI is there someone you know in the FBI to report wrongdoing by DHR? Are you aware the you have to buy your transcript to appeal? If the state has an interest in obtaining the transcprit they of course may obtain it at taxpayers expense. If you or I want to obtain the transcript they make the cost so high, that we can’t afford it . It’s another way of bleeding families dry to hide DHR’s misdeeds!
LOKI,
So are you saying that it is ok to sell out your client to “get along”??? If that is the case, then they don’t need to be attorney’s. They can get a job somewhere where people’s lives and that of their children’s are not at stake. That’s a pitiful excuse to use to do NOTHING.
If you have a court appointed attorny like me your transcripts will be free, not haing money is no excuse for them to deny you justice……
Just stress to the FBI that since the Federal Gov’t stepped in 1991, the Alabama lawmakers ,”changed “their” law/code book Alabama code of 1975,to reflect that DHR acts as FEderal Agents, and as Acting Federal Agents , have to comply with Federal Standards….(and NO WHERE in the Code book does it say that “if” RC Consent is abolished that Code 38-2-6, is to no longer be in effect………….
This is the “person” in charge of investigating DHR crimes in Northern Alabama in the NEW FBI building
FBI Birmingham
1000 18th Street North
Birmingham, Alabama 35203
birmingham.fbi.gov
(205) 326-6166
1). THE FBI;
a). Kathleen Borden, in her official capacity as head of the “white collar criminal division” in Northern Alabama’s Birmingham field office for failure to notify a Federal Judge of Federal felonies being committed by the State of Alabama,to U.S.citizen’s and for federal felonies being committed by fellow Federal “Acting Agents” as per Alabama Code of 1975 section 38-2-6(2)(5).DHR is now acting as an agent(s) of the FEDERAL GOV”T,
Alabama code of 1975
State Department of Human Resources
Section 38-2-6 Duties, powers, and responsibilities of state department of human resources
(2) Exercise all the powers, duties, and responsibilities previously vested by law in the State Child Welfare Department
(5) Act as the agent of the federal government in welfare matters of mutual concern, and in the administration of any federal funds granted to the state to aid in the furtherance of any of the functions of the state department, and be empowered to meet such federal standards as may be established for the administration of such funds.
a.k.a.”the DHR of Alabama”.
there is only “one” stenographer in Jefferson county family courthouse “birmingham division “and if you “walk” thru the courthouse at any given time there are 3-4 hearings/trials in the 6 courtrooms and like I said only “one” stenographer.
“drinking alcohol during pregnancy, has never been proven to hurt the child.”
The attorney is right at least as far as alcohol goes. If you read the whole study (There are two parts) it appears that
malnutrition of the mother has more to do with harm to the fetus than just drinking alcohol.
National Institute on Alcohol Abuse and Alcoholism (NIAAA)
Alcohol Metabolism Part II:
A Key to Unlocking Alcohol’s Effects
Volume 30, Number 1, 2007
“The data suggest that undernutrition is a significant risk factor in alcohol-associated fetal growth retardation, and optimal nutritional management during pregnancy may be an effective way to reduce the penetrance of fetal alcohol toxicity in high-risk individuals.
Research has shown that among pregnant rats allowed unrestricted access to alcohol and those fed alcohol containing liquid diets under experimental conditions via a feeding tube (total enteral nutrition [TEN]), urine ethanol concentrations (and thus blood and tissue ethanol concentrations) are lower in pregnant rats compared with non-pregnant females given the same dose of ethanol. Maternal nutritional status also is an important determinant of fetal alcohol toxicity. Research using the TEN system has demonstrated that alcohol-induced fetal growth retardation is potentiated by undernutrition in part via impaired alcohol metabolism and clearance.”
Drinking alcohol during pregnancy should not be an excuse to take someone’s child from them at birth. Being POOR and not able to have the proper diet for a pregnant woman should never be a reason to take a child.
Well, the child wasn’t taken because the mother drank and did drugs. He was taken because she didn’t take care of him while doing so, AND she killed his sister while under the influence. Remember the Brittany Crawford case? The attorney isn’t right as far as alcohol goes. Alcohol is much more damaging to the fetus than drugs. Alcohol gives the fetus permanent brain damage, depending on when it is ingested and how much is ingested. I have some children that don’t seem to be affected by the mothers drinking habits and some that are very affected. I would think that if the mother could afford the alcohol she should have spent it on food instead, that way she wouldn’t be malnourished and she wouldn’t damage her baby. Being poor and not having the proper nutrition, is a heck of a lot different than spending your food money on alcohol. Most alcoholics ARE malnourished because they like the liquor more than the food. Read about Fetal Alcohol Syndrome and see what I’m talking about. I don’t have to look at rats to know what alcohol does to a child. I can look at what it did to my children.
I reread post number 246. The last paragraph struck me harder this time.
“Drinking alcohol during pregnancy should not be an excuse to take someone’s child from them at birth. Being POOR and not able to have the proper diet for a pregnant woman should never be a reason to take a child.”
Do you think that when someone drinks while they are pregnant, and drinks enough to harm the baby, that they care enough to stop once they have the child? If they don’t love themselves and their baby enough BEFORE it’s born, do you honestly think they are going to stop drinking and become a good parent? That’s why they call them alcoholics. The bad thing is, you don’t even have to drink like an alcoholic to damage the baby. Most people don’t know this.
According your post, the poor people drinking during pregnancy should get extra food stamps so they can fatten themselves up so the alcohol won’t affect the baby so badly. Now you know good and well, they wouldn’t sell those food stamps to get a six pack.
“Read about Fetal Alcohol Syndrome and see what I’m talking about”
The definition of Syndrome does not include a precise cause of an illness but instead provides a framework for investigation.
I have RHd- blood, some of these same symptoms used to identify FAS can also be caused by my blood interacting with a child of mine (at ANY point in the pregnancy) having a positive RHd factor.
The symptoms used to identify FAS can also be caused by the pesticides, Teflon, arsenic and other things found in our soil, water and pots/pans.
These FAS groups also put out that ANY amount of alcohol will cause FAS.
Women who use Listerine (or any other product containing alcohol) after brushing their teeth are also guilty of child endangerment by this reasoning, whether or not she intentionally meant to hurt the baby. She used Listerine that makes her guilty.
“I would think that if the mother could afford the alcohol she should have spent it on food instead, that way she wouldn’t be malnourished and she wouldn’t damage her baby.”
Alcohol is much cheaper than buying organic natural food that a pregnant woman needs.
The scientific study put out in November shows that if an alcoholic woman is able to have the proper nutrition THEN the toxic build up of acetaldehyde will have less chance to occur.
“If they don’t love themselves and their baby enough BEFORE it’s born, do you honestly think they are going to stop drinking and become a good parent?”
Alcoholism is a disease, the chemical makeup of an alcoholic is different than that of a non alcoholic.
People are assuming that alcoholism is based on a choice, its not, given a choice any alcoholic would choose to have the chemical makeup of a non-alcoholic.
The disease is NOT about love or any subjective emotion.
It is a serious and deadly disease that can be traced directly to persons genetic’s and metabolism.
FAS and laws that criminalize addiction disease’s are big business in the U.S., these groups put out information that they know have been debunked by SCIENTIFIC INVESTIGATION because they make money (our tax dollars) to keep up their programs.
No mother in her right mind is going to attempt to seek medical help for the disease if she knows there is a possibility of her child being taken from her permanently.
And these groups know it. It becomes easier then to put out propaganda, use tax payer dollars to pay for worthless programs that simply will not work to solve any of the issues.
We are removing children from their mothers without actually knowing whether intentional child abuse or neglect has happened.
And then we all sit back and wonder why our society has steadily become more violent since the 70’s.
Not only have we been assuming that if a mother drinks an alcoholic beverage she is abusive, we now are assuming that black and American Indian parents are more abusive/neglectful.
Check out the study just completed by the federal GAO that shows more children born to these parents are removed from the home at a higher rate than white children. Whether we like it or not stereotyping and racial bias is playing a part in the removal of children from their mothers.
The children that I have are children of people that admitted to drinking and doing drugs while pregnant. I know that alcoholism is a disease. My husband was born to an abusive alcoholic father.
I do not think we can risk children’s lives because their parents have a “sickness”. I also do not think we can leave these children in the homes of alcoholic parents with the hopes that the parents will seek help for their addiction (they are sick, remember??). This is serious. I know how the government makes money off of the sick, poor, minority group. Would you leave a child in a home with someone that has schizoprenia, if that person didn’t want to take the medicine needed to control their illness? My sister is schizoprenic, and the answer to this one should be NO.
To the post above….are you raising a child that has FAS??? Have you ever raised a child with FAS???? Do you ever plan on raising a child with FAS???? If the answer to the above questions is NO, then I need to ask you why?
Your empathy for those that are sick, is admirable, but let’s not risk children’s lives just so that we can understand and empathize with those that can’t help their sickness. What are you doing to help these “sick” people?
I’ve never known an alcoholic that doesn’t know what birth control is, or how to use it. They are sick, not stupid. The alcoholic doesn’t even have to tell the health department that she is an alcoholic, all she has to do it go in and ask for birth control. There are so many methods of birth control now, that she doesn’t even have to take it everyday.
I love alcoholics (poor,minorities), as much as the next person, but let’s quit making excuses for everyone that chooses to neglect and abuse their children and start taking care of those that can’t take care of themselves (the kids).
“No mother in her right mind is going to attempt to seek medical help for the disease if she knows there is a possibility of her child being taken from her permanently.
And these groups know it. It becomes easier then to put out propaganda, use tax payer dollars to pay for worthless programs that simply will not work to solve any of the issues.”
Are you saying that all of these mothers that drink while pregnant are ignorant??? That’s an insult, but can also be a very good excuse to abuse your child while enjoying your lifestyle (or not enjoying it, I don’t know). Give me a break. I still talk to many of the parents of my kids that drank while pregnant and they admit to knowing that it could damage their child. Why did they get pregnant in the first place???????????????????????????????????????????????? There is a way to end the cycle, and it doesn’t even require birth control. How about no sex? Then they can drink as much as they want, or get help and not worry about the government taking their kids. Like I said……they are not stupid.