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Firing of a Division of Youth and Family Services trainee who helda lit cigarette lighter in front of a child's face...



 
 
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Old July 17th 07, 08:50 AM posted to alt.support.child-protective-services,alt.support.foster-parents,alt.dads-rights.unmoderated,alt.parenting.spanking
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Default Firing of a Division of Youth and Family Services trainee who helda lit cigarette lighter in front of a child's face...

Justices uphold Merit board clout in firing of DYFS worker
Tuesday, July 17, 2007
BY KATE COSCARELLI
Star-Ledger Staff

http://www.nj.com/printer/printer.ss...780.xml&coll=1

In a ruling affecting tens of thousands of public employees in New
Jersey, the state Supreme Court ruled yesterday a government agency can
fire a worker for an egregious act without first going through other
levels of discipline.

The 6-0 decision gave heft to the power of the state's Merit System
Board, which handles disciplinary proceedings and other issues related
to civil service law.

The court ruled the 2001 firing of a Division of Youth and Family
Services trainee who held a lit cigarette lighter in front of a child's
face during an interview was supported by the record and not illegal or
unreasonable.

The board's decision "recognized legitimate public policy reasons for
not insisting" that the DYFS give the worker another chance, wrote
Justice Jaynee LaVecchia for the court.

Over 80 percent of the state's 84,400 workers are subject to the Merit
System Board, as are many municipal and county employees.

State Department of Personnel Commissioner Ronald Torres, who is also
chair of the Merit System Board, said he was gratified the court upheld
the board's decision.

"The decision to terminate a public employee's job is not taken lightly,
but the public interest is paramount, and in this case, the Merit System
Board concluded, after a full hearing ... that (the worker's) misconduct
was incompatible with the difficult and sensitive mission of DYFS,"
Torres said. DYFS officials also said they were pleased with the decision.

The case involved DYFS trainee Tammy Herrmann, who was assigned to
interview a family regarding an allegation of child abuse related to a 5
1/2-year-old child who had started a fire in the family's home.

Herrmann interviewed the family's children in a bedroom of the home. The
room had oxygen tanks because of the medical conditions of two other
children in the home.

Either in the bedroom or in a nearby hallway, Herrmann asked the child
what kind of lighter was used to start the fire. When the boy didn't
answer, she pulled out a cigarette lighter from her bag, ignited it and
waved it in front of his face.

At a later visit, Herrmann told the boy's parents that he was fascinated
by the lighter and may have a propensity to start fires. When told this,
the parents expressed concern that the lighter could have ignited the
oxygen tanks.

The DYFS charged Herrmann with conduct unbecoming a public employee and
sought to fire her. An administrative law judge who held a hearing on
the matter agreed, and the Merit System Board also upheld the termination.

On appeal, an Appellate Division panel found that the idea of
progressive discipline should have applied and Herrmann should have
received a lesser punishment.

Yesterday, the high court found the appeals judges exceeded their
authority and reinstated the termination. Although progressive
discipline is a recognized concept, it does not need to be applied to
every case, LaVecchia wrote.

"This case implicates the public interest in that it reflects the
standards of judgment, as well as performance, that DYFS expects of its
workers who are sent out into the field," LaVecchia wrote.

The court said that since the board's decision was not unreasonable or
illegal, the justices would not interfere with it, regardless of whether
they would have reached the same conclusion.

Daniel McNerney, Herrmann's attorney, said he was disappointed with the
ruling and said his client is now working a retail job.

Kate Coscarelli may be reached at or (973)
392-4147.




CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NATIONAL
SECURITY AGENCY/CENTRAL INTELLIGENCE AGENCY WIRETAPPING PROGRAM....

CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.

every parent should read this .pdf from
connecticut dcf watch...

http://www.connecticutdcfwatch.com/8x11.pdf

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

*Perpetrators of Maltreatment*

Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5

Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.

BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
 




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