Tuesday, January 26, 2010

Kansas "The Best Interest Of The Child"

Another Kansas Lawsuit Against Social Workers, Judge, County Attorney ETC... Woodward et al v. DCCCA Inc. et al

Judge Rebecca Lindamood on left is listed on this lawsuit.
Woodward et al v. DCCCA Inc. et al
Plaintiffs:James W. Woodward and Destiny Brown
Defendants:DCCCA Inc., CASA, Randy Kauffman, Rebecca Lindamood, Charles Hart, Cheryl M. Pierce, Darrin C. Devinney, Kathleen Sebelius, Don Jordon, Deb Maaeir, Jennifer Wiebe, Loresa Lewis, Phyllis K. Webster, Janet Jacobs, Marry Lee Armstrong, Leslie Jensby, David McElhiney, Kelly Elliott, Tanya Lynn, Kristine Wilscam, Carmel Poor, Tom McDowell and Joshua AndrewsCase
Filed:December 24, 2009
District CourtOffice:Wichita Office [ Court Info ]County:XX US, Outside State
Presiding Judge:District Judge J. Thomas Marten
Referring Judge:Magistrate Judge Karen M. Humphreys
Nature of Suit:Civil Rights - Other Civil Rights
Cause:42:1983 Civil Rights Act
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Amount Demanded:$5,100,000.00
Magistrate Judge: Rebecca Lindamood
Greenwood County Magistrate Court
311 N. MainEureka, KS 67045
Ph: 620-583-8155
Also listed in this lawsuit is the Secretary of SRS Don Jordan
and former Kansas Governor Kathleen Sebelius

What about Judge Lindamood?
She has a history of kicking kids out of school and forcing them to get a GED.
Article from 2005:
Kansas Judge Is Ordering Teens To Drop Out Of School
KAKE On Your Side InvestigationReporter: Jeff Golimowski
Thursday, Nov. 3, 2005
A judge stands in the way of a hardworking, earnest girl trying to finish school. She’s not alone.Graduation Day: It’s supposed to be one of the proudest days of a person’s life, a sense of accomplishment and fulfillment for hard work. Jessica won’t have one.Jessica is a foster kid, who wished to remain unidentified. She should be a high school senior, but a judge told her to drop out.A lot of Kansas kids can’t wait to get out of school. The girl we met fought to stay in. But, she lost in court, now her future is in doubt. A system dedicated to making kids’ lives better failed to help her.Harold and Pam Walker have taken in more than 40 foster kids. The Walkers treat their charges like their own.“They want you to create good memories and stand up for your kids and get them to do what’s right,” said Pam Walker.Jessica’s been with the Walkers for almost a year after being removed from her parents by SRS. She had been having problems at El Dorado High. But, as soon as she got to the Walker’s and enrolled at Goddard High, things started turning around.Jessica will turn 18 Nov. 4. At 18, a ward of the state can be released from SRS custody. Judge Rebecca Lindamood, a magistrate judge in Butler County who’s in charge of Jessica’s case, sees a problem.Apparently, if a child hasn’t graduated by the time they’re 18, they’re going to lose them. The solution, according to Lindamood, is to force her out of school and into a GED.“Most people that hear GED hear you’re a quitter,” said Harold Walker.Jessica is not a quitter. She even found a way to graduate six months ahead of schedule. Not good enough.“The judge said if I didn’t get my GED, she would pull me out of this home,” said Jessica.For the Walkers, this is too familiar.“I really didn’t make an effort,” said Johnathan Alvord, a former foster kid. “So, instead of trying to keep me in, they made me go take a GED.”Alvord had truancy issues at 16. Lindamood’s decision, again, was to let him out of class.Alvord said, looking back, he agrees. Though he said he could’ve graduated had he been forced to stay in. He spent the next two years looking for work. His GED was nearly useless.We went to SRS headquarters in Topeka for answers. It’s against SRS policy for the agency to talk about specific cases. But we asked program manager Deanne Dinkel how the system is supposed to work.“We always encourage our youth to be very involved with their educational goals,” said Dinkel.So someone in Jessica’s position, who desperately wants to graduate, should be helped to succeed, according to the SRS. But, it’s not up to SRS. The ultimate decision for kids like Jessica is left in the hands of judges.Lindamood made helping kids in SRS get an education part of her campaign. Yet state law seals every SRS case. Her constituents have no way of knowing the decisions she’s making. We tried to talk to Lindamood. The Kansas state court system responded, saying Lindamood was unable to respond because it involves a child in need of care case. They said Lindamood, as with other judges presiding over children in need of care, put education of the child as the highest priority.Jessica has taken the tests for her GED and is now awaiting her results.Friday is Jessica’s 18th birthday. Another court hearing is her present. She’ll be back in front of Lindamood, possibly for the final time.

Coffeyville couple sues SRS worker after granddaughter's beating death

Coffeyville couple sues SRS worker after granddaughter's beating death

The Wichita Eagle

A family's lawsuit accuses a state social worker of gross negligence, saying she failed to protect a 23-month-old Coffeyville girl beaten to death by herfather's meth-addicted girlfriend.

The lawsuit, filed in federal court Tuesday, accuses SRS social worker LindaGillen of not taking steps to remove Brooklyn Coons and her brother from adangerous household after the maternal grandparents repeatedly raised concernsabout injuries to Brooklyn.

The lawsuit — brought by Brooklyn's maternal grandparents, Larry and MaryCrosetto — contends Gillen "failed to act to protect their grandchildren becauseof a pre-existing grudge." The grudge involved actions the Crosettos took yearsearlier in their adoption of Brooklyn's mother, Angela Crosetto Coons, thelawsuit says.

Brooklyn's death is a case of a social worker who remained determined to keepchildren with a parent even when it put the children at serious risk, thelawsuit contends. Other agencies that could have protected Brooklyn deferred toSRS because they thought the social worker was taking steps to monitor the girl,it says.

In an interview, Larry Crosetto said Gillen, a licensed social worker withthe Coffeyville office of the Kansas Department of Social and RehabilitationServices (SRS), "was aware there was a situation in that home. She didn'tinvestigate and find out what the situation was.

"What we hope to do is get SRS to act in these situations ... and prevent itfrom happening to another family," Crosetto said.

SRS won't comment because of the pending litigation, spokeswoman MichellePonce said Friday.

Gillen remains employed as an SRS social worker, Ponce said.

Gillen could not be reached for comment.

The litigation is filed in federal court because of the argument thatBrooklyn and her survivors were denied their constitutional rights by the state,said Randy Rathbun, a Wichita lawyer and former U.S. attorney for Kansas who isrepresenting the Crosettos in their lawsuit.

The Kansas Attorney General's Office prosecuted the girlfriend in Brooklyn'sdeath, which occurred on Jan. 20, 2008. The girlfriend later married Brooklyn'sfather. On Dec. 30, 2009, a judge sentenced Melissa Wells Coons to life inprison for the murder of Brooklyn.

The same day the judge sentenced Melissa Coons, Brooklyn's father, RandyCoons, was charged with aggravated child endangerment, said Ashley Anstaett,spokeswoman for the Attorney General's Office.

The lawsuit against Gillen seeks more than $75,000 in damages.

The first loss

The Crosettos had dealt with a tragic loss less than six months before theirgranddaughter's murder. On Aug. 9, 2007, Brooklyn's mother, Angela Coons, diedof a sudden illness at a Wichita hospital. She was 24.

Angela Coons had moved her small children — Brooklyn and son Christian, now 7— to be with her in Wichita just weeks before she died, Larry Crosetto said.Angela Coons was working in Wichita as a Comcare caseworker.

After their daughter became ill, the Crosettos rushed to Wichita. After shedied, they brought their grandchildren back to their Coffeyville home, Crosettosaid.

Before Angela Coons moved to Wichita, she had left Randy Coons and moved inwith her parents. Because Angela was busy completing her degree at PittsburgState University, the Crosettos had "practically raised" their grandchildren,Larry Crosetto said.

The weekend after they buried their daughter, their son-in-law, Randy Coons,showed up on their front porch with two Coffeyville police officers and demandedto take the children, Crosetto said. The son-in-law moved the children in withhim and his girlfriend, Melissa Wells.

"Within a week of the kids being put into that home, Brooklyn showed up on aweekend with her lip stitched together," Crosetto said.

A narrative, timeline

The lawsuit provides this timeline:

In the fall of 2007, the Crosettos started seeing bruises on Brooklyn, andtheir granddaughter received medical treatment twice for suspiciousinjuries.

"The Crosettos began to get more and more concerned about the bruises ontheir grandchildren," the lawsuit says.

On Nov. 5, 2007, school officials told Gillen, the SRS social worker, thatChristian had bruising that looked suspicious, the lawsuit says.

According to the lawsuit narrative: The next day, Larry Crosetto tried toreach Gillen about the bruising, but got no return call, so he tried to contacther again on Nov. 14, 15 and 16, eventually reaching her on Nov. 20. Gillen saidshe had interviewed a school official, the children's father, his girlfriend andChristian. Gillen indicated she had been at the girlfriend's home, the lawsuitsays.

Gillen said a case had been opened and she would make a recommendation inabout 30 days. "She refused to discuss the suspected drug situation in thehome," the lawsuit says.

Crosetto said the grandchildren remained with the girlfriend during the week;the grandparents got the children on weekends. They would exchange the childrenin the front yard of the girlfriend's home. He said he wasn't allowedinside.

He became concerned about the conditions in the house, noticing that thechildren had rashes that appeared to be from fleas and that they looked "filthydirty" every Friday night when he or his wife picked them up.

"Sometimes it was hard to tell if it was bruises or dirt," he said.

"I tried everything to find out what was going on inside that house," saidCrosetto, a 62-year-old accountant.

He said he began taking pictures to document injuries he saw.

Escalating situation

The situation got worse.

On Dec. 10, 2007, the lawsuit says, Crosetto called Gillen again because the"bruising and marks were beginning to escalate. She told Crosetto to call thepolice as it was her duty to try to protect the family and keep it together.Larry asked for an appointment to visit about her duty to protect thechildren."

On Dec. 12, 2007, Crosetto sought help from school officials. "Their positionwas that SRS had taken control of the situation and it was out of their hands,"the lawsuit says.

On Sunday Dec. 23, the Crosettos' doctor noticed bruises on Brooklyn's facewhile she was at church, and he thought SRS should be notified. The doctorrecommended that Larry Crosetto have another doctor examine Brooklyn the nextday. On Dec. 24, the second doctor saw the girl, called police and sent a letterto the Coffeyville SRS office asking that "they investigate the situation andget back to him."

Gillen did not respond to the letter, the lawsuit says. But that same day thedoctor called police, a Coffeyville police officer took a report from Crosettoin the doctor's office and said he would contact the prosecutor's office when itopened after the holiday, Crosetto said.

"I was under the understanding that the Police Department was trying ... tointervene, that the roadblock was SRS," Crosetto said.

The Crosettos believed Brooklyn was in danger.

"I was scared to death," Crosetto said.

The grandparents met with Gillen at her office on Dec. 28, and Larry Crosettooffered a CD showing Brooklyn's injuries. Gillen refused to accept it, saying itwould be a police matter, the lawsuit said.

"The meeting became heated when it became apparent to the Crosettos that thedefendant had some animus against them and was not going to do anything toprotect the children. Mr. Crosetto made it clear that he was afraid she was notgoing to do anything until one of his grandchildren was killed."

And then the worst happened. On Jan. 17, 2008 — 20 days after the Crosettosexpressed their fears to Gillen — Coffeyville police responded to a 911 callabout Brooklyn. She was unresponsive, and she was in the care of Wells. Policesaw head trauma and bruises.

Doctors found that Brooklyn's brain was bleeding as a result of her beingstruck on the head, and she had brain damage from being shaken, the lawsuitsays.

The day after the 911 call, it says, police put three other children from thehome of Wells and Randy Coons into protective custody because of "deplorable"living conditions and because of the fatal injuries to Brooklyn.

The lawsuit says that the Police Department didn't take more steps to protectBrooklyn and the other children before Jan. 18, 2008, "as it reasonably believedthat the defendant was undertaking her statutory obligations to safeguard" thechildren.

The lawsuit argues that Gillen's "conduct increased the danger to (Brooklyn)from the meth addicted girlfriend."

Reach Tim Potter at 316-268-6684 ortpotter@wichitaeagle.com.