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Home Contact Prevent Allegations Allegations |
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Love means believing in someone, in something. It supposes a willingness to struggle, to work, to suffer and to rejoice. Satisfaction and ultimate fulfillment are byproducts of dedicated love. They belong only to those who can reach beyond themselves; to whom giving is more important than receiving.
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Prevent Allegations
On March 9, 2004 a very dedicated group of professionals met to determine the present concerns surrounding allegations of abuse in foster and adoptive homes. This group consists of county and private agency leaders, foster parents. The purpose is to examine the policies and procedures currently used during investigations of alleged abuse and/or neglect by foster and/or adoptive families. We will look at how we can make the process less threatening and prevent some of the stress for those involved. We are hoping to accomplish great feats in a relatively short time frame. I have asked this group to think outside the box and have a vision of what the allegation process would look like in a perfect world. If you have any thoughts and ideas please e-mail me. My address is: MFCAPRES@aol.com.Protect Yourself from Allegations
Prepare yourself. Keep daily records of activities involving your foster child. Document that your behavior does not include unusual behaviors that typically accompany abuse. Include discipline, consequences, the child’s responses if significant. Mention medical, dental, and therapy appointments to demonstrate your quality care.You’ve done nothing wrong; in fact, you became a foster parent to help kids. How could anyone accuse you of abusing a child? Many innocent adults are accused of maltreatment every year. A recent study showed that 90% of maltreatment allegations could not be substantiated. That indicates a large number of false accusations. Accusations cannot be avoided, but you can protect yourself. Keep this advisory as a reference in the event that you find yourself needing it.Prepare yourself. Keep daily records of activities involving your foster child. Document that your behavior does not include unusual behaviors that typically accompany abuse. Include discipline, consequences, the child’s responses if significant. Mention medical, dental, and therapy appointments to demonstrate your quality care. Your record may reflect potential motives for a child, birth parent, or other acquaintance to make up a story of abuse. Document marks from injuries at school, on visits, or otherwise away from your care. Record the child’s comments about them. Your log may demonstrate aberrant behaviors of the child reflecting emotional disturbances that could lead to a charge of abuse. Preserve important evidence, like writings of a child or artwork, that back up your view of the events. You may be investigated for alleged neglect, physical or sexual abuse of a child. "Physical abuse means any physical or mental injury (or threatened injury), inflicted other than accidentally or that cannot be explained by the child’s known history of injuries. Minn. Rule 9545.0160 makes it clear that "harsh or threatening methods" of discipline may be called into question, as may verbal abuse, derogatory remarks about a child or members of a child’s family, or threats to expel a child from a foster home. Special rules limit isolation as discipline. Foster parents are prohibited from administering corporal punishment including hitting, slapping, spanking, and shaking. A key question when an abuse allegation has been made is whether or not the alleged act constitutes abuse. For example, a county worker recently found maltreatment when a parent threw a sweatshirt back at a boy, allegedly "striking" the child. The first question raised is whether this act is maltreatment, or physical abuse, as defined by statute. Don’t forget that another birth-, foster- or adopted child in your home can be accused of perpetrating the abuse. When a report of maltreatment has been made, the local police department and welfare agency must coordinate an investigation. The child must be observed face-to-face in the initial stages of the investigation. The investigators may interview a child and other minors who currently live with the alleged offender, without advance parental knowledge or consent. The child must be interviewed when physical abuse is alleged. The investigation may include evidence about the reporter’s biases, prior reports of maltreatment, the developmental functioning of the child, the believability of the child’s statement, medical examination of the child, prior medical and treatment records of the child, and interviews with witnesses such as other children within the family unit, and other persons with relevant knowledge, such as teachers and family members. Minn. Rule 9560.0220 Subp. 3. The alleged offender must be given the opportunity to make a statement and submit evidence to rebut the accusation. Parents must receive certain advice before being interviewed (under Minn. Rule 9560.0216 Subp. 7.) Whether interviewing a complaining child or accused adult, the county’s questions and answers are supposed to be nondirective and not leading, according to Minnesota statute. However, there is no effective way to enforce this, and many times the child will understand what answer is expected and respond accordingly. Interviews with witnesses are to be audio recorded, and also video taped in cases of alleged sexual abuse victims and child witnesses. Minn. Stat. 626.561 requires that the interview record include the date, time, place, duration of interview, and identity of persons present. The county attorney’s office is responsible for developing further written guidelines on the tape recording of interviews. Beware of what is said before and after the recording is made. Note any comments that seem significant or may indicate the investigator’s bias. Use exact words, if possible. When the accusation is serious, and especially if you are not represented by counsel, the better course of action may be to refuse to discuss the matter with county agency workers. Without evidence or a "confession" they cannot substantiate the charge. This will probably result in a finding of maltreatment, but may avoid criminal charges, entailing the costs of a criminal defense, possible conviction, and even incarceration. Possible criminal charges include neglect or endangerment of a child (Minn. Stat. 609.378). This includes willfully depriving a child of necessary food, clothing, shelter, health care or supervision, or knowingly permitting physical or sexual abuse of a child. It also includes recklessly permitting a child to be placed in a situation likely to harm the child, mentally or physically. It includes recklessly endangering a young child by permitting the child’s access to a loaded firearm. Possible criminal charges also include any one of five degrees of criminal sexual conduct; or assault. Assault is defined as inflicting bodily harm on another, or acting with the intent to cause fear or imminent bodily harm. When you become aware of an abuse allegation, it is helpful to talk to a lawyer. Foster parents are always shocked to learn that the county, which generally supports its foster parents, most often turns its back on them when an abuse allegation is made. Contacting an intermediary early on may help to improve communication. An intermediary may defuse a potential power struggle. Most lawyers don’t charge for a brief consultation. He or she will listen to the basic facts of the case and form a preliminary opinion on whether it is safe for you to discuss the matter with others. The lawyer can advise you in case you are asked your consent to interview a child. He or she can advocate your position without risking that you might incriminate yourself when giving your own explanation. Innocent people usually believe that if they simply explain what happened, investigators will believe them, and the matter will be resolved. This may not be the case. The authorities may have already made up their minds that abuse has occurred, and are seeking evidence in your statement. Or they may have evidence of which you are unaware, such as a doctor’s explanation describing a physical injury or how it could have occurred, and your statement may contradict this evidence. You may become anxious or confused and say something that can be used against you. In one real life example, a father had been questioned over and over to the point that his confidence was shaken. He finally stated that he was not admitting or denying the allegations, but if he had done it, he could not remember. This one statement led to years of repercussions for him. In another case, a mother said she "knew" why the police were coming to question her. Her statements that the child had in fact cried on the day in question, and that it "drove her nuts" when the child misbehaved, were used against her. She was suspected all the more because she said she did not cause the child’s bruises intentionally, and after a pause stated, "or accidentally." Investigating authorities often ask the suspect parent for an explanation of how bruises or other injuries could have occurred, later producing testimony ridiculing the explanation as impossible. If the parent denies observing an injury others saw, this may be used against him or her. Sometimes parents are very open with an investigating worker, believing that they will receive additional support to deal with a difficult situation. They may be "rewarded" with a legal action against them. Some county workers feel that it is their duty to believe the child accuser, despite a weight of evidence and contrary adult statements casting doubt on the child’s statements. Many well-motivated and trained county workers investigate abuse allegations. Nevertheless, as in every profession, some workers do not have adequate training, or make mistakes, or get inaccurate or false information from other people. These are the situations we must prepare for. A lawyer often has access to technical information that may be important to resolve a case. For example, one of our cases centered on the county’s assumptions regarding the age of a bruise, based on its color, on a physicians advice. In fact, the physician was relying on old research. The latest research disproved the county’s assumptions, and cast suspicion on the caretaker who had the child during a different time period. Your lawyer can access expert witnesses who can evaluate physical or mental trauma. The county’s proceedings may include technical legal defects, which a lawyer can discover.To strengthen your case, provide your lawyer with documentation: therapy reports, hospital records, your daily log, writings of the child, foster care performance evaluation, training records, character references for yourself. Request a copy of your case file from your county in writing (you will have to pay for copying). Review it, highlight it, mark your areas of agreement and disagreement. Maltreatment decisions are based on a "preponderance of evidence," or the greater weight of evidence, more that 50 percent chance. The investigator determines whether or not maltreatment occurred, and then whether child protective services are needed. They use a risk assessment tool, which will not be discussed in this article. If the child is not at significant risk, or if the child’s parents are willing to take actions to protect the child from maltreatment, then there is no factual basis for the conclusion that child protective services are needed. You may request reconsideration of this decision in writing within 15 calendar days after being notified. The director of the agency will review it. If you are again denied, you are entitled to request a hearing through the Department of Human Services (DHS). If you have not previously engaged a lawyer, it will be very helpful in this appeal and hearing process. The hearing is like a mini-trial. The county presents its case first, and you have the right to confront and cross-examine accusers, as well as to present evidence on your own behalf. If the DHS representative determines no maltreatment, you will be notified of your right to have the records of the investigation destroyed. Without your request, the records may be retained for four years. Records of substantiated maltreatment are maintained for 10 years. What difference does a "substantiated" maltreatment make? In addition to the immediate consequences of recommended corrective actions (example, when "necessary," the county can seek a court order to remove an "at risk" child from the parent’s custody), a substantiated maltreatment determination may affect your foster care license, your future ability to care for non-biological children, your ability to adopt, provide day care or adult foster care, and your ability to obtain employment involving contact with vulnerable individuals. A range of negative licensing actions are described in Minn. Rules 9543.0090, 9543.0100 and 9543.1060. Sanctions include suspension and revocation. The nature and severity of the alleged incident, whether it is recurring, risk of future harm and other factors are considered in licensing actions. Carol Grant is an attorney with Kurzman, Grant & Ojala, 219 S.E. Main St., Suite 403, Minneapolis, MN 55404. If you have questions, do not hesitate to call her at 612-617-9000. They do not charge to answer questions briefly over the telephone. It can be very helpful to ask a question at the first sign of a problem, to prevent it from becoming much more serious. Dear Parent, The Minnesota Adoption and Foster Care Association is examining allegations of abuse and neglect among foster parents in the state, whether substantiated or unsubstantiated. We are interested in receiving input from foster parents who have through this very painful process, and the impact on their family and the children involved. Please complete the survey below if you have been through the allegation process in a Minnesota county, either through a public or private child placing agency.
Did you feel you were heard?
Did you seek support during the process? If no, why not? If yes, from whom or what entity?
Suggestions for improving the process:
Send completed surveys to: You do not need to disclose your name.
Prevent allegations of maltreatment or neglect in Don’t be afraid to say no to a placement that will put you at risk or one you feel you are incapable of handling. Lay your pride down! You don’t have the skills to care for every type of child. Foster kids rarely have just one area where problems exist. Most kids, in fact, have several bad behaviors to correct, issues they must overcome, and goals they must reach. The foster parent sees their job as mender, fixer, or repair person. We are never content to just let these issues resolve themselves, and rightly so. We arm ourselves with ideas, solutions, and prayer to battle the various problems. One thing wrong with this strategy is the fact that we attack on all fronts, instead of focusing on just one enemy at a time. Foster parents must pick their battles carefully. There are two basic reasons this is best. Number one is the fact that kids can not usually successfully work on a whole array of problems at one time. The second reason is for the sake of the foster parent. You will burn out too quickly if you don’t reserve your strength. But you say, these kids have so many problems. They need so much help. You count off the problems on your fingers, but before you get to your toes, slow down. Try to remember it took many years for these problems to develop. You cannot fix this kid by Friday. You will need to pick your battles. This assessment to decide which war you wage may take a bit of time. It is also hard to do when you still don't know the child well. Until you truly connect with a kid, you must rely on first impressions and what you have actually witnessed. It is necessary to prioritize this child’s needs when deciding which behaviors to conquer, and help him meet challenges necessary for a functional life. We developed a system. First, list all the major problems. Put things in perspective, this is usually not going to include things like he does not make his bed, or he forgets to brush his teeth. If these are this kid’s most pressing problem, pat yourself on the back, give him a big hug, and be content that you are so lucky. I’m thinking more in the terms of items like he is violent toward others, he uses pot, he steals, or he cannot stay in school. You know — the kinds of issues foster parents deal with every day. Next, start to prioritize them. I tend to divide them into the following categories. Behaviors, activities, or problems that:
Start at the top and work your way down. Work on one problem to its solution before tackling another one. The only time you should break this rule is when you are getting nowhere after months and months of work then focus on another problem for awhile, going back to the first after the new one is solved. You may see this list differently than others do and change the arrangement of priorities. Even foster parents have pet peeves, pet projects, or their own things that drive them crazy. I remember one foster mom who took really tough kids. The only ones she would refuse were those with blue hair. Drove her crazy. We can laugh about such a silly thing, but if the child is where you can see them, day after day and a little thing sets you off, you will be unable to parent that kid effectively. I believe foster parents should always have the option to decide if a child will fit into their home and lifestyle. There are so many kids out there; we should be able to accommodate most parents. I also believe their requests should be reasonable, blue hair is probably not a real valid excuse, but I can understand it just the same. I feel any behavior that can lead to death or injury for anyone must be number one on your list. That battle has a high chance of casualties if you do not attack there. One battle at a time, unless the problem will prove to be a small, little skirmish. Kids can work effectively on correcting one behavior. They will be more successful if they believe this is the one thing that will please you (and shut you up). When you approach with a long list in hand, they don’t fight, they don't surrender, and they just play dead. They don’t hear you or even care what you are saying. It is impossible to redirect them. It is impossible to implement a plan or develop a procedure. They have turned you off, and they will not be part of your little war since they are sure they cannot win. Make it easier on them by giving them one front to battle at a time. Then, everyone wins. To all foster parents who have taken up arms to battle for our kids, I commend you. "Picking your Battles" first appeared at Foster Parent Community at http://www.fosterparents.com/ Jo Ann Wentzel is Senior Editor of: http://www.parentingteens.com Parenting Today's Teen http://parentconsultation.virtualave.net Parent Consultation Services JoAnn is the author of It Begins and Ends With Family. This book also available on CD Rom. You may contact Jo Ann Wentzel, Box# 206 Dexter, MN 55926 or you may e-mail Joann at writer@lakes.comFoster care providers are vulnerable to charges from both the children they care for and the birth parents who have been denied custody. Here are some steps foster care providers can take to protect themselves from allegations and the resulting bureaucratic nightmare. The first step to preventing allegations is to prevent maltreatment from happening. Steps a provider family can take to prevent maltreatment:
Closely supervise children at all times.
Other steps designed to prevent false allegations against provider families by parents or older children who may be angry or unhappy:
Be the best parent you can be.
Because of the complex, isolated, and personal nature of foster care, it is important that providers develop strong communication and documentation skills to protect themselves, their families, and the children for whom they are caring. There is no guarantee your family will NOT face allegations. No one is protected from this reality in the high risk profession of caring for other people’s children. Take the time to minimize your risk. Be the best you can be. Think of your own family first. Protect and keep your core family (spouse, bio and adopted children) healthy. Then you can bless other families and children by extending your hearts and hands in healing hurt and brokenness. Jodee Kulp is author of Families at Risk. This section has been excerpted from Chapter 3, pages 72-74 of Families at Risk by Jodee Kulp. Books are available through your state Foster Care organization and will also be available at the national conference. Jodee Kulp and Judy Howell train nationally Allegations: Survival and Prevention. Foster care providers are vulnerable to charges from both the children they care for and the birth parents who have been denied custody. Here are some steps foster care providers can take to protect themselves from allegations and the resulting bureaucratic nightmare. The first step to preventing allegations is to prevent maltreatment from happening. Steps a provider family can take to prevent maltreatment:
Closely supervise children at all times.
Other steps designed to prevent false allegations against provider families by parents or older children who may be angry or unhappy:
Be the best parent you can be.
Because of the complex, isolated, and personal nature of foster care, it is important that providers develop strong communication and documentation skills to protect themselves, their families, and the children for whom they are caring. There is no guarantee your family will NOT face allegations. No one is protected from this reality in the high risk profession of caring for other people’s children. Take the time to minimize your risk. Be the best you can be. Think of your own family first. Protect and keep your core family (spouse, bio and adopted children) healthy. Then you can bless other families and children by extending your hearts and hands in healing hurt and brokenness. Jodee Kulp is author of Families at Risk. This section has been excerpted from Chapter 3, pages 72-74 of Families at Risk by Jodee Kulp. Books are available through your state Foster Care organization and will also be available at the national conference. Jodee Kulp and Judy Howell train nationally Allegations: Survival and Prevention.
Allegations of Abuse or a Case of FAStastic Confibulations Courtney was diagnosed with FAE at birth. Her birth mother, known as an alcoholic arrived at the hospital drunk. As a toddler, Courtney met most of her milestones on time. She was and still is extremely stubborn. Food issues were present. At 22 months her diet consisted of prunes, cheetoes, rice, eggs and milk from a bottle. She didn't talk much. She didn't ask to eat, drink or anything. This allegation story is true. Debra and her husband share this in hopes of building awareness of the difficulties in raising a child with FAS/FAE and the REAL possibility of allegations for those families caring for these special children. They are the parents of six children, four birth sons and two adopted daughters. Her husband works for the New York State Division of Family and Children’s Services. Debra works at Cornell University as an Administrative Manager. They have been foster parents since 1991 to eleven foster children. Three of their sons are in college. Courtney is now 16 and in court ordered foster care. They also have a thirteen-year-old son, eight-year-old daughter and a sibling group of three foster children currently in their home. Children affected with FAE/FAS and their families need support. May our story help other families avoid our pain. In 1984 we adopted a 22 month girl who was freed for adoption because her mother was an alcoholic and unable to care for her. My husband and I thought we were doing the right thing as African-Americans by adopting a child. We saw the Father Clemens story and felt it was our responsibility to reach back to help another life succeed. We loved Courtney immediately and worked diligently with her. We taught her to eat a regular meal. She would hold food in her mouth until it became liquid. We encouraged her to play. She joined the end of the line of whatever was going on. At age 3, I began noticing missing pieces or skipped developmental steps. I was unsure what I was dealing with and because Courtney has normal features it was hard to get her diagnosed, even though a diagnosis existed at birth. Our psychiatrist believed Courtney was FAE and she may also be bi-polar. At age eight, Courtney began medication. Cylert helped her focus, but it also helped her make dangerous impulsive choices. Until Cylert, she was afraid to cross the street; after cylert she began running all over town. However, “the system” (school, community, and courts) failed to adhere to her medical diagnosis of Fetal Alcohol Effects or Alcohol Related Brain Damage. We were viewed as controlling, abusive parents. The school thought we were pushing her academically. We had asked for help and support services for Courtney but her IQ is 79. We were told she didn't qualify. Finally, at age 9, she was classified as learning disabled. We noticed that different sugars affected her alertness, so we eliminated it from her diet (or tried to). She started stealing food. She drank a huge bottle of maple syrup and ate raw frozen pizzas. She went to the local grocery store, filled a shopping cart with food, paperware, etc. and tried to leave the store. School was a nightmare. If she was teased she would punch the person. She began to cuss and she challenged teachers. Courtney was suspended at least 2 or 3 days every week. In 1995, Courtney was spanked for stealing in and out of school, she was ten. The incident occurred out of our own isolation and frustration in the behavior of our adopted daughter. We were court ordered preventive services for one year. As a condition of the court order we had to obtain a counselor familiar with FAS/FAE. It was at this time that I began searching for any and everything on FAS/FAE. I searched the internet and provided the school with information from British Columbia on FAS/FAE. I even found an FAS/FAE IEP. Nothing was read or accepted. I requested a one-to-one aide. Her IEP stated that “services yet to be identified”. We were and still are foster parents for a neighboring county. It was this county that helped us find the Teitelbaums. Preventive Services offered nothing. They did a psych evaluation on me and my husband, bi-weekly meetings to see how the family was doing and domestic violence classes. Jean and Bob Teitelbaum began working with us. After the preventive case closed we continued with counseling until November, 1999. Since 1995, spanking has not been used in our home as a form of discipline for any child. At age twelve, she began inappropriate sexual behaviors. We moved her to her own room. She followed younger boys around and followed boys her own age into secluded areas. At age 13, Courtney began leaving school grounds, refusing to come home and stealing from community grocery stores. At age 14, she began breaking into our home and other houses in our community. My husband and I went to our local Social Service Agency seeking resources for this difficult to manage child. As an African-American family living in a rural community in upstate New York we stood out. The problem must be our parenting skills or lack thereof. They recommended we file a PINS (person in need of supervision) petition with the Family Court system and let the judge decide what should happen to her. We refused to do so. We didn't want Courtney to feel another set of parents discarded her. We decided instead to obtained counseling and psychiatric advice. Courtney turned 15 in November 1999. She went to school stating that she was in fear of her life and would be dead if she wasn’t helped. Courtney had been talking with older foster children in our home. She knew that if she left home after she turned 16 New York State would not provide assistance if the parents had a place for the child, but once placed in foster care a child could be supported until age 21. Plus, the parents would have to pay the state child support. In response to Courtney’s confabulated story, Courtney was removed from our home and placed in foster care by the Department of Social Services via court order one week before Thanksgiving. We sited on four indicated abuse charges: 1. Inadequate Guard. Courtney waited one hour in the morning for her school bus in our garage in 60 degree weather two mornings a week. There are no before school programs in our area for a 7th grader. We worked through this process with the Teitelbaums. It was felt that Courtney would be unsafe left in the home. She might have gotten into chemicals, misused knives, or the kitchen appliances. 2. Hitting. 3. Unknown. Courtney refused to wear clean clothes to school resulting in teachers sending clothes for her. I didn’t send Courtney to school for two days until she decided to finish her laundry. When the attendance office called regarding her absence. I told them she would return to school when she washed her clothes and I didn't know when she'd wash her clothes. The school reported this. 4. Abuse. Courtney hoarded food in her room which attracted rats. I woke her up to remove the food from her room at midnight. And two neglect petitions 1. Child Neglect based on 1 & 2 above. 2. Child Neglect based on 3 & 4 above. After various trials it was determined that Courtney remain in foster care for one year. The only apparent change she needed was to be away from her controlling parents and lead a normal life. Yet after four months time in foster care her placement disrupted for the same reasons we had difficulty managing her. Courtney’s aggressive behaviors forced the foster home to “put her out”. Her foster mother could not manage her. The Department had made a terrible mistake. Courtney needed to be evaluated so she could be put back on her medications. They’d uncovered various eating disorders and she had scratched her wrists with an ink pen. We were right. We didn’t starve her. We didn’t abuse her to the point of suicide. We were not abusive, neglectful parents. Courtney is now 16 years old, and the Department of Social Services doesn't know what to do. They have admitted they made a terrible mistake. Our family has been through two years of discomfort and financial distress. Our daughter’s connection with our family has been disrupted. We have fought to keep our family united. There will be much to do in rebuilding this relationship. We may have been profiled because of the color of our skin mixed with the behavior of our daughter. No agency would help us when we needed it early in the process. The professionals were wrong. The court withdrew its petitions in May. Courtney will remain in foster care until Jan. 2001. She will resume her meds. Damage to our relationship with our daughter and family will need to heal. BUT, Courtney LOOKS and (at times can) behave so normal!
Reprinted and adapted from "Foster Focus," April 1995, published by the Olmsted County Foster Care Program. |
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Foster and Adoptive Care Association
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