The state where two little boys 10 & 13 were let down by the state,now grown 18,and the younger brother 17
will pay $2.4 million to settle a civil lawsuit that claimed it failed two boys, who were abused and neglected in and out of state foster care when they lawyers said in court Monday.
The settlement comes after two days of disturbing testimony in an unusual public trial that clearly scrutinized the actions of the Division of Family and Youth Services and ended a jury trial about to enter a second week.The state admit they did "not wanna dish out" "all of their dirty laundry" from "past cases"incompetent caseworkers" were not doing what they are suppose to do as their law guardian would have been called on the 4th day to give testimony on "how herself"was not even active/visiting the children"even though she was suppose to do so each week.
The state knew deep down,one inside source say they will lose this suit,so better to just settle as these boys should not be forced to suffer any longer,and the workers & law guardian would be risking their livelihood at DFYS,such as possible firing,disciplinary action if they took the stand admitting what the defense already knew."We are going to just pay out and settle"the new assistant attorney general admits"and let these boys get the help they need,one is already grown at almost 19 now.
They really were not doing"what was needed"to be done in the"best"interest of these two boys.
An assistant attorney general acknowledged Monday that the boys had been harmed,by failing class,missing school & being put in situations they should have not been in such as repeated hospitalization stays,
where as the judge himself,was shocked to learn this,since he assumed the kid was "improving"in his new placement,sadly he was not,the state failed these boys,not once but one too many times.
The State Attorney General also admit on record how the boys were"doing quite well"and there was no "concern" with these boys,but later the attorney verified the worker and the law guardian never really seen the child the times they were suppose to go and see,but relied on"family" hearsay,those of alcohol abuse history,serious drug use.
The worst happened a few years before 2005 when they saw their foster mother kill another child, then were made to lie about it.
Gara adds:
Judges cannot and should not be immuned if they themselves are NOT forcing the state workers to do what is in the"best"interest of these innocent young children.But since a judge is hard to sue,
"we must sue the workers"
to continue to exercise their rights to live in a safe peaceful world to grow up/enjoy their"youth"without abuse & neglect at the hands of other family members.
These boys were just fine before DFYS interfered,misplacing these boys.
A child should not have to wait until they are dead for the state judges to take"notice"on what is going on within our state offices,these judges need to see what is going on right now and stop giving these workers a "free pass"to misplace these children,who are now ruined by DFYS negligent actions.
The state still insist there was"no PROOF"ever shown to the lower district court on this regarding "being forced to tell a lie"about the one foster mother killing a child,then making the child"lie"about what happened.
State insist no proof to this at all to corroborate this just speculative at best,based on the boys hearsay.
"State government is in complete denial about how messed up the foster care system is," Gara said.These underpaid and overloaded workers make "rash and uninformed decisions," he said,
"adding how one worker herself"only "after"being served her lawsuit summons/complaint along with several other workers listed,two supervisors,
she now is coming clean and admitting how she could have handled the case"differently"to protect the kid,
but was told by her supervisor,just"wait until your sued"don't worry about it,we are "too large"of a agency to ever get caught with not "visiting"the kids,when suppose to,or doing things 1/2 way,regarding the kids safety & best interest.
"The state objected to this saying this is all hearsay since "that supervisor"was not on the witness list by the plaintiff.Judge agreed.
The worker said she was sorry after all for leaving the kids in a horrible home filled with alcohol abuse and drugs going on.We did not know this was the case,she adds.We feel so bad about it now that we know these family members hurt the children intentionally,repeatedly while living there.
We will try not to make this "mistake"again when placing children out of the home.
Last year,several supervisors at DFYS had to get their Attorney General Talis Colberg to intervene with the agency,where the workers seem to not be doing their job,2 supervisors who testified said under oath,about the conduct in this office,blaming it on "heavy"caseloads,where workers continue placing blame on the supervisors, which had forbidden all children out of the homes from speaking publicly about their experiences,even to the judge.
"What kind of state would tell the kids in the most dire of circumstance that they cannot speak out,Gara said.
"That's the whole point of democracy."
Both A.J. and D.D. will end up with sizeable settlements.
The state says the amount is fair.
We "messed"up their lives,so we gotta pay out,
hoping this will not happen again to "another child"due to lack of thorough investigations on behalf of these incompetent workers at DFYS,and lack of care from the state social workers,whose obviously not caring about the children,such as these two boys.
The boy's money will be paid to the boys monthly rather than in a lump sum.
This was approved,agreed after the attorney spoke to the two boys.
The boys want to make the money last,Schleuss said.So,this option is what is best for them,and they decided along with their attorney.
The $2.4 million is in addition to almost a million already paid.
The money is not enough to make things right for the boys, their lawyers said,their childhoods were lost.
Their ability to hold jobs and live on their own is questionable. They both are emotionally shattered.
But advocates for A.J. and D.D., now 17 & 18 agreed to accept the money confirmed by transcripts of the hearing & attorney interview,attorney for the boys,Bremerton,Wash for Friedman, Rubin & White.
The state without"clear proof"of either fraud, official judicial misconduct intentionally conspiring against this family, misrepresentation by the "state worker(s) if we didn't settle on behalf of the boys in this case,
they could have tied this case up with years of appeals & lost.
"Proof of "Fraud"and actual malice"conspiracy or perjury is easier to win "ANY type of suit"against police/caseworker etc. any type of business but we did not have that.
So we just decided to settle for the 2.4. million,based on what we"can prove"such as the hospital stay of 1 of the children,which "only happened"because of being removed and the proof the children have been failing"school"since being removed as well as the drug/alcohol abuse caretaker
we were able to prove from the online display of their home life" drinking,drugging around the children stunned the jurors.
Without a clear act of perjury,fraud lieing under oath by the workers,we would have been dealt with appeal after appeal.
So we just finally decided to settle and the boys have honestly been through enough by this nightmare.
"Frankly they can't wait years,and should not have to so we just decided to settle with the state,who did admit they were"wrong"so that helps as well as the judge agreeing to this.
They are about to turn 18 and 19 and they need the money to get on with their lives," Friedman said.
"They were screwed over by their natural families," he said. A house where DFYS said"is more fit for them"clearly was not.
"They were horribly treated within state custody."
Over the boys' lives, the state received about 40 reports of abuse or neglect, some while they
were in foster care, some not. Almost all were mishandled, said Christine Schleuss, another
attorney for the boys.
Jurors leaving after being briefed on the settlement agreed that the state had messed up and
owed the boys.
"I would have given them more money"if the state during trial did not say let's settle this,
said Kevin Sheridan, one of the jurors,adding how shocked he was to hear the boys were in hospitals but never was before the removal and by "their own"blood kin,is so sad. I would have definitely given the boys more money for that alone.
The one who abusing him,should be locked up for life
The system obviously broke down, said juror Anthony Adams, a production manager on the North Slope.
"I think the plaintiffs proved their case.
"I think the hospital stays of the children show the state messed up the boys,they cannot blame it on no one but"themselves"
You don't remove a kid and place her or him in a drug addicted person house who is also battling alcohol.
How tragic.
The signs were there but they just"left the boys"in the house to become "more damaged"that is sad,they do deserve so much more money.
I think it is clear even in 1 day of testimony,two days,the plaintiff attorney proved his case,we all said this to each other in the jury room.
The family Superior Court Judge Sharon Gleason approved the settlement, which will be paid,two weeks from today to the boys,one is already 18 years of age & to the boys attorney.
The judge last statement was clear.
Children should not be having"psychiatric episodes and trying to "KILL"themselves in state care and state placement.
Proper placement would have avoided this,or reunification with the family whose not abusing"drugs"alcohol,living an inexcusable lifestyle detrimental to the boys.
We,the state have all failed these young boys,robbed of their childhood since being removed at 13 & 10 years old.
The boys' lawyers refused to disclose how much will go to costs and lawyer fees,saying the boys are going to be able to "even after they are paid"live VERY comfortably with enough left over for these children.
A.J. used to be a happy healthy, a bright, gifted child who could read books upside down when he was little.
This was of course prior to"interference by D.F.Y.S.social worker entering their life,and destroying it completely for years.
He's not in high school anymore,
but hopes to try this month for his GED or online college courses,while he is healing from this nightmare
Schleuss said.
He spent several months last year
in a children's psychiatric hospital, she said.
D.D. couldn't get his GED and last semester passed only physical education and study skills class,
she said. D.D. will probably need to be in an assisted living facility if he cannot live on his own with the money he has won,Schleuss said.
He can't trust no one after being treated so neglectfully by the state who promised to always"care for him"& protect him,all they were doing was"using this little boy"and that is the real travesty here and across our nation with these incompetent workers who just do not care about the children.
They need to be fired,the boys attorney adds.
Judge responds more on the children ordeal:
Two little boys,removed from one house based on "allegation" but later is abused & neglected by their "own"natural family is even more "disturbing"then a state foster care parent abusing the children because this is their OWN natural family doing the abusive acts against their own children.
Judge adds:
i sincerely hope the monies being given to these boys in two weeks will help the "real" victim & start to rebuild their lives in some way or another.No child should be in a hospital for several months.This is a complete travesty,the state surely let these young boys down.There is no excuse for this,these boys will have it hard as adults from what the state has done to them.
They will "never fully" recover"from this,How can they?
Not after everything they have been through because of "no fault"of theirs but the "state worker"and our state who was suppose to see to it they were"happy and protected,safe.It is easy for us to go home at night after we have done our "job"on behalf of the state but these children were not allowed to live safely with even their own family members,and the state failed to protect them,so have to pay to correct their negligence regarding these two damaged children,one now grown,the other 17 years old.This is inexcusable.
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Judge remorsefully adding:
We are so sorry we let you boys down,and hope the monies will help you get the therapy & the ongoing help you will need also i hope you will further your schooling that you both used to love so much,before this travesty was forced upon you boys,if you choose to go that route.Judge ending court wishing these boys a peaceful journey to healing upon receiving their settlement,which will be paid in just about two weeks.
The boys and their attorney are all satisfied with the money being paid out to these boys,adding they are just happy the state realized whose"fault"this really was,and maybe this story can help others by being told to the press.
By LISA DEMER,
Reporter for North Slope Anchorage NewsRoom
ldemer@adn.com
(Published: March 15, 2008)
THERE IS JUSTICE AMERICA,
THE JUDGE repeatedly chastized DFYS and awards a whopping 2.4 million settlement to end the teens' abuse case.
