Category Archives: Equal Justice

Oregon CPS Worker Accused Of Falsifying Reports

.jpg photo of CPS worker accused of falsifying reports
Miguel A. Fuentes III, 34

DHS worker arrested on allegations of
falsifying Child Abuse reports

Oregon  –  A state employee has been arrested on allegations of falsifying child abuse reports, deputies said Thursday.

Miguel A. Fuentes III, who works in Child Protective Services for the Oregon Department of Human Services, turned in reports showing contacts and interviews that didn’t happen, the Washington County Sheriff’s Office said in a news release.

“Other reports contained false statements and work that was allegedly completed” during days he was off work, deputies said.

Detectives began reviewing cases assigned to Fuentes after a sheriff’s office detective and DHS employee working on a child abuse investigation found inconsistencies in reports he finished. Detectives found falsified information in at least 15 of his cases, deputies said.

They said Fuentes, 34, is facing 15 counts of tampering with public records and first-degree official misconduct.

His employer put him on administrative leave when it got wind of the investigation in November 2016 and has since given cases he was involved in to other workers, according to the sheriff’s office.  A DHS spokeswoman said he remains on administrative leave.

Fuentes most recently worked in Beaverton and has been a DHS social services specialist since August 2011, deputies said.

Fuentes is being held in the Washington County Jail.

Report Filed On Weiner In NY

.jpg photo of suspected child abuser
Anthony Weiner, 51, and Huma Abedin, 40

Suspected Child Abuse Complaint Filed in Anthony Weiner ‘Sexting’ Scandal

New York  –  Because former Congressman Anthony Weiner (D-N.Y.) reportedly “sexted” a picture of his crotch while his four-year-old son was sleeping next to him, the president of the Catholic League, Bill Donohue, has filed a Report of Suspected Child Abuse or Maltreatment with the New York State Office of Children and Family Services.

“As president of the nation’s largest Catholic civil rights organization, I am well aware of the plague of child sexual abuse that marks virtually every sector of society, including, regrettably, the Catholic Church,” said Donohue in an Aug. 31 press release.  “I am writing to express my concerns about the emotional and physical well being of Jordan Weiner, son of Anthony Weiner and Huma Abedin.”

“The New York City Administration for Children’s Services defines child sexual abuse to include ‘incest, rape, obscene sexual performance, fondling a child’s genitals, intercourse, sodomy, and any other contact such as exposing a child to sexual activity, or commercial sexual exploitation such as prostitution of a minor or production of pornographic materials involving a minor,'” reads the press release.

“On August 29,” he continued, “we learned that Mr. Weiner took crotch shots of himself sporting an erection with his son lying next to him in bed.  That was disturbing enough, but now we know that he used his child as a ‘chick magnet’ to allure sexual relationships.”

In conclusion, the release states, “It would appear that Mr. Weiner’s sexual exploitation of his child meets the definition of child sexual abuse as defined by the Administration for Children’s Services. Please investigate this matter.”

In the complaint, Jordan Weiner, age 4, is named as the child in the household of Anthony Weiner, 51, and Huma Abedin, 40.  “Sexual Abuse” is marked for the Basis of Suspicions.  The document was signed by William Donohue on Aug. 31, 2016.

Anthony Weiner served as a member of the U.S. House of Representatives from January 1999 to June 21, 2011.  His wife, Huma Abedin, is a long-time senior adviser to Hillary Clinton.  After this latest sexting scandal surfaced, Abedin announced that she was separating from her husband.

NY Has Double Standard For Child Abuse?

.jpg photo of Former NY Congressman
Former New York Congressman Anthony Weiner

State Senator says Weiner should be probed
for Child Abuse

New York  –  A veteran New York politician is demanding city authorities open a probe into the household of Anthony Weiner and Huma Abedin for potential child abuse and neglect.

Bronx state Sen. Ruben Diaz Sr., who is also a pentecostal minister, said he was repulsed by the shocking revelation that Weiner sexted a woman a lurid crotch shot of himself with his 4-year-old son in the picture.

“You should know that the Monday, Aug. 29, 2016 cover of the New York Post shows a photo of former New York Congressman Anthony Weiner in his bed alongside his toddler, while doing things that no child should see on camera in Anthony Weiner’s sexual exchange with a woman,” Diaz wrote in an open letter calling on authorities to take action.

“The photo and story worry me as a Senator, a Minister, a parent, and a grandfather, because I believe that the disregard for any boundaries of sexual activity with a child present is incredibly inappropriate, and could have a harmful impact on the child.”

He said, “I urge the City of New York’s Administration for Children’s Services to investigate this case carefully and thoroughly … I am sure that the Administration for Children’s Services will consider how Anthony Weiner’s continued perverted activity that we have all seen over the years in his texting or Twittering is a harbinger of possible future child abuse or neglect, especially when he does this with his child next to him in his bed.”

Diaz said there should no double standard when it comes to child abuse.

“I am pretty sure that if this kind of information was shared with the public and if the adult in the photo with a toddler was Black or Hispanic, the City of New York’s Administration for Children’s Services would have been knocking on the door to investigate possible child abuse to remove the child.”

Diaz called Weiner’s perversion “a very sad situation” and said he would pray for both parents to “acknowledge the harmful effect of this continue activity on their young child, and they will address it with professional help before their child is further victimized by it.  I also pray that the Administration for Children’s Services will do their job.”

Native Child Custody Battle Has Happy Ending

.jpg photo of Child being removed from Foster Care back to Family
Lexi To Stay With Utah Relatives

Lexi To Stay With Utah Family

Choctaw child will be placed with relatives

THE 6-year-old Choctaw girl known as “Lexi,” whose custody battle became a cause célèbre earlier this year, will be staying in Utah with her family.

In a scathing 38-page decision issued on July 8, a three-judge panel of the California Second District Court of Appeals ruled against the claims of Lexi’s foster parents, Summer and Russell Page.  The panel
cited the couple’s “self interest,” their pattern of interference with and resistance to Lexi’s visits with her extended family, and their inability to facilitate an ongoing relationship with her siblings.

These factors constituted “substantial evidence” that there was no good cause to depart from the placement preferences of the Indian Child Welfare Act (ICWA), the judges ruled.

Last March, the Los Angeles County Department of Children and Family Services removed Lexi from the Pages’ home in Santa Clarita, California after the couple initially refused to hand her over to social
workers.  With their refusal, they defied a court order that Lexi be placed with family in Utah, which includes two biological sisters.

The transfer, carefully planned for months and intended to proceed smoothly, deteriorated into chaos after protesters and media descended on the house in an effort to prevent it.

The case began in 2010, when Lexi’s father went to jail for selling stolen auto parts, her mother having disappeared shortly after her birth.  After being assigned to several foster homes, the girl was placed with the Pages while her father worked to complete a “reunification plan.”  Authorities told the Pages numerous times that Lexi would eventually be reunified with her father or sent to live with relatives.

Nonetheless, the couple began indicating that they wished to adopt the girl.  As a result, their relationship with Lexi’s father became strained.  The Pages were “interfering” with his visitations and
attempting to dictate the terms and length of his visits, Lexi’s father told ICTMN.

According to court documents, the increasingly despondent father—who has a criminal record and history of drug use—decided to cease reunification efforts with Lexi after 18 months of failed attempts.  He asked that she be placed with relatives in Utah.  The Choctaw Nation of Oklahoma, the child’s attorney and the child’s guardian ad litem supported the move.

Thus began a five-year legal battle by the Pages to retain custody of Lexi.  Heading their legal team was Lori Alvino McGill, a Washington, D.C.-based attorney who represented birth mother Christy Maldonado as a pro bono spokesperson during Adoptive Couple v. Baby Girl.  The 2013 case involved a Cherokee Nation tribal member losing custody of his daughter after a legal battle that went to the
Supreme Court.

McGill, who represented the Pages as a pro hac vice counsel in California, has tried unsuccessfully to overturn the ICWA in various jurisdictions across the country, including Virginia and South Carolina.

Addressing the primary issue―whether the Pages could show “good cause” to depart from ICWA’s placement preferences―Justice Sandy R. Kriegler wrote for the majority in the July 8 decision that the determination should not “devolve into a standardless, free-ranging best interests inquiry.”  Kriegler noted that Lexi’s lengthy stay with her foster parents was borne solely out of ongoing litigation.

“The United States Supreme Court has cautioned that courts should not ‘reward those who obtain custody, whether lawfully or otherwise, and maintain it during any ensuing (and protracted)
litigation,’” the panel concluded.

Morever, “A holding that the facts before us constituted good cause as a matter of law would circumvent the policies favoring relatives and siblings, and it would incentivize families who knowingly accept temporary foster placements to delay an Indian child’s ultimate adoptive placement in the hope that as time passes, the family will reach a ‘safe zone’ where harm to a child from disrupting his or her
primary attachment is presumed as a matter of law.  It is unwise and unnecessary to stretch the bounds of California law in that manner.”

In dismissing the Pages’ legal arguments, the California court took the couple to task on several points.  They criticized the Pages for being unwilling and unable to provide Lexi with a continuing relationship with her Utah family;  for insisting that they monitor visitations;  and for demanding that individual therapy sessions meant for Lexi should include the entire Page family.

Regarding Lexi’s cultural ties, the justices also pointed out that the Pages were reluctant to engage in any of the suggested activities and had made only half-hearted attempts at incorporating Native
American heritage into their lives.  Summer Page, they specifically noted, had testified that a dreamcatcher made by Lexi had “ended up in the trash.”

The Pages pointed out that they had joined the Autry Museum and had painted a wall in their kitchen “Navajo Blue.”  In the end, however, the panel wholly rejected the Pages’ argument that their efforts represented Lexi’s best interest.

“The Pages also do not—and in our view cannot—provide an adequate response to an issue raised most effectively by minor’s appellate counsel.  Even though they appear before the court by virtue of their status as de facto parents, the Page’s efforts to show good cause are motivated by their own interests,” wrote Kriegler.

“Minor’s counsel, not the Pages, has a legal and ethical obligation to represent Alexandria’s interests.  The Pages lack the right to assert Alexandria’s interests because Alexandria has her own counsel, who
represents her interests and also acts as her guardian ad litem.”

After the decision, Lexi’s Utah family issued the following statement:

“We respect the unanimous decision by the court of appeal justices. All who have been appointed to seek Lexi’s best interests—her court-appointed attorneys, guardian ad litem, social worker, the
Department of Children and Family Services, and the dependency court judges—have unanimously echoed that Lexi should be raised by her family.

“More than simply sharing a familial relation with us, Lexi has been a real part of our family since the moment her grandmother—our aunt—expressed her desire that we bring Lexi into our home. The
determination we felt since then, when Lexi had just been placed in her first foster home, has provided vital strength for our family as we have waited for the courts to untangle the details.

“We hope the appellate court’s ruling brings closure and finality to everyone involved, and Lexi is at last allowed to live a peaceful childhood in our home.”

The Choctaw Nation of Oklahoma, an active party in the case from the beginning, supported the placement with the Utah relatives.

“The Choctaw Nation is pleased that the California District Court of Appeals has upheld the lower court’s decision to place Lexi with her extended family and sisters in Utah,” the tribe said in a statement. “This has been the tribe’s objective under the Indian Child Welfare Act for more than three years.

“We hope this puts an end to this needless litigation so Lexi can get on with her life.”

LA Judge Walking Tall Against 4 CPS Employees

.jpg photo of Child killed due to CPS Dereliction of Duty
Gabriel Fernandez, 8

Judge denies request to dismiss case against
social workers in Child Abuse case

I hope each and everyone will take the time to speak out, Our Laws are based on an EQUAL SYSTEM, every individual, group, or organization, should be judged equally.

CPS has shown total disregard for WE THE PEOPLE, the Laws of Our Land, Our Children, Parents, and the Family structure since the current system has been in place.  Since 2001, not one (1) state in fifty (50) has passed even minimum requirements set down by federal law.

Lying Is Part Of What Needs Total Realignment

In Our initial post of this serious Dereliction Of Duty by CPS, the same unapologetic and care-less attitude is all too evident in the bold, less-than-truthful statement:

DCFS Director Philip Browning said in a statement, “I want to make it unambiguously clear that the defendants do not represent the daily work, standards or commitment of our dedicated social workers, who, like me, will not tolerate conduct that jeopardizes the well-being of children.  For the vast majority of those who choose this demanding career, it is nothing short of a calling.”

LOS ANGELES, CA  –  A judge has rejected arguments to dismiss charges against two former Los Angeles County social workers and their supervisors, charged with child abuse and falsifying records that resulted from the death of an 8-year-old Palmdale boy.

Defendants Stefanie Rodriguez, 31, and Patricia Clement, 65, and supervisors Kevin Bom, 37, and Gregory Merritt, 60, were originally set to be arraigned Monday morning on one felony count each of child abuse and falsifying public records.  However, defense attorneys for the four filed court papers asking that the charges be dismissed.

The hearing was assigned to a courtroom just before the lunch hour and Los Angeles Superior Court Judge M. L. Villar asked to have until 1:30 p.m. to review the documents and the prosecution’s filings in opposition.

Villar rejected the defense’s arguments and arraigned the four, who all pleaded not guilty, said D.A.’s Office spokeswoman Jane Robison.

The defense filings – known as demurrers – do not dispute the facts of the case, but argued there was insufficient grounds for legal action.

Villar noted that two defendants had filed papers together while the remaining defendants filed their own responses on different, independent grounds.

The four defendants were charged March 28 in connection with the May 24, 2013, death of Gabriel Fernandez, whom prosecutors allege was tortured and murdered by his mother and her boyfriend.

When he died, the boy had a fractured skull, several broken ribs and burns over his body, prosecutors said.

The boy’s mother, Pearl Fernandez, 32, and then-boyfriend, Isauro Aguirre, 36, are charged with murder in connection with Gabriel’s death.  Prosecutors announced last year that they would seek the death penalty against the two, who are awaiting a pretrial hearing July 28 in a downtown Los Angeles courtroom.

The case sparked a firestorm of criticism of the county Department of Children and Family Services over reports that the boy and his mother were repeatedly visited at their Palmdale home by social workers in response to abuse allegations, but the boy was never removed from the home.

According to the District Attorney’s Office, DCFS opened a file on Gabriel’s case on Oct. 31, 2012, and maintained one until the boy’s death.  Prosecutors allege that Rodriguez and Clement falsified reports that should have documented signs of escalating physical abuse and the family’s lapsed participation in DCFS efforts to help maintain the family.

Prosecutors also contend that Bom and Merritt knew or should have known they were approving false reports that conflicted with evidence of Gabriel’s deteriorating physical health, allowing the boy to remain in the home until he died.

An investigation revealed that at times over an eight-month period preceding his death, Gabriel – among other instances of violent abuse – was doused with pepper spray, forced to eat his own vomit and locked in a closet with a sock stuffed in his mouth to muffle his screams, authorities said.

All four defendants were fired by the county following an internal investigation into the case.  Merritt, however, appealed his firing, and the Civil Service Commission ordered that he be reinstated.  The matter is now being appealed in court.

If convicted, Merritt and the other three criminal defendants each face up to 10 years in prison.

Philip Browning, director of the DCFS, said in April that he could not comment specifically about the criminal case, but he defended the work done by his agency.

“I want to make it unambiguously clear that the defendants do not represent the daily work, standards or commitment of our dedicated social workers, who, like me, will not tolerate conduct that jeopardizes the well-being of children,” Browning said.  “For the vast majority of those who choose this demanding career, it is nothing short of a calling.”

In a statement released after the charges were filed, District Attorney Jackie Lacey said the social workers and supervisors involved in Gabriel’s case had a legal duty to protect the child.

“By minimizing the significance of the physical, mental and emotional injuries that Gabriel suffered, these social workers allowed a vulnerable boy to remain at home and continue to be abused,” Lacey said.  “We believe these social workers were criminally negligent and performed their legal duties with willful disregard for Gabriel’s well-being.  They should be held responsible for their actions.”

Darcy Calkins, who represented Clements at an April 9 hearing, told that judge that her client was once a nun.  Outside court, she said she believed her client would be exonerated of the charges.

Filer told reporters outside court after that hearing, “My client’s name will be cleared.”

A new court date was scheduled for Aug. 25.