Court says state erred in family meddling

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Published Saturday May 24, 2008
Court says state erred in family meddling
BY MARTHA STODDARD
WORLD-HERALD BUREAU



LINCOLN - A child welfare worker who wrongfully talked a Kimball, Neb., man
into giving up his daughter for adoption must pay damages to the girl, the
Nebraska Supreme Court ruled Friday.

The high court agreed with the Kimball County District Court that Kelly
Case, a caseworker for the Nebraska Department of Health and Human Services,
deprived the girl of her right to a relationship with her father without due
process.

As a result, the high court said, the girl's life "spun out of control."

The girl, identified only as Amanda C., began doing drugs, ran away from her
grandparents' home, gave birth to a child out of wedlock and struggled
financially.

"The evidence shows that the relinquishment that Case wrongfully
orchestrated was a substantial factor in Amanda's downward social spiral,"
the Supreme Court said.

The high court upheld an award of $150,000 in damages and $64,697 in legal
and other costs to Amanda.

Case was defended in the matter by the Attorney General's Office and an HHS
attorney. The state likely will pay the award.

The ruling reinforces the principle that children have a right to a
relationship with their parents, as well as parents having rights to their
children, said Monte Neilan of Scottsbluff, Amanda's attorney.

He said the case would help other families who are involved with the child
welfare system, because it says state employees cannot simply take people's
children and refuse to be accountable for their actions.

"It shows that the law has some teeth," Neilan said. "It's a case that I
would anticipate would be cited for years to come."

Kelly Case, who still works for Health and Human Services, declined to
comment. She referred calls to the agency's central office.

A spokeswoman said agency officials had not analyzed the ruling yet and
could not comment. A representative for Attorney General Jon Bruning also
had no comment.

Amanda's father, Gary Richmond, filed the lawsuit on her behalf in 2004.

Richmond had settled a similar case with the state worker less than a year
earlier, a lawsuit regarding his relinquishment of parental rights.

In that suit, a jury found that Case abused her authority as a state
employee by engaging in the unauthorized practice of law.

Trial evidence showed that she repeatedly told Richmond he could still visit
his daughter if he willingly gave up his parental rights but that he risked
losing visitation if a court terminated his rights.

Case appealed the jury verdict but agreed to settle before the appeal was
heard. In the settlement, she agreed to pay $130,000, including $40,991 in
damages. Neilan said the state paid the award for Case.

According to Friday's ruling, Case was assigned to Amanda five years after
the state took her from her parents. The girl had been removed at about age
5 because of alleged abuse by her mother.

There were no allegations against her father. Yet three years later, the
Kimball County attorney filed a petition to terminate Richmond's parental
rights. Richmond signed the relinquishment papers in 1998. He filed his suit
in 1999.

Neilan said Richmond and Amanda reconnected following the settlement in
Richmond's case and were able to spend time together. He also said Amanda
has straightened her life around and has a steady job and a car.

But she lost her father for good last year. Richmond, who suffered from
heart problems, died at age 62 in October.

LINCOLN - A child welfare worker who wrongfully talked a Kimball, Neb.,
man
into giving up his daughter for adoption must pay damages to the girl, the
Nebraska Supreme Court ruled Friday.

When are people going to wake up and realize that these government people
don't have all the answers?

DB wrote:
LINCOLN - A child welfare worker who wrongfully talked a Kimball, Neb.,
man
into giving up his daughter for adoption must pay damages to the girl, the
Nebraska Supreme Court ruled Friday.

When are people going to wake up and realize that these government people
don't have all the answers?




They have all the answers. the wrong answers.