SCARBOROUGH -- The mother of a teenage girl in foster care intendsto sue the Department of Health and Human Services

In wake of death, a lawsuit and an indictment
By Leslie Bridgers
Reporter-The Current

http://www.keepmecurrent.com/Communi...?storyID=44038

SCARBOROUGH (Oct 11, 2007): The mother of a teenage girl in foster care
in Scarborough said she intends to sue the Department of Health and
Human Services for wrongful death and negligence.


Winifred Burke's daughter, Brittany K. Burke, 14, died in July when the
car in which she was a passenger crashed into a tree on Black Point
Road. The driver, John Heger, 19, of Scarborough, was indicted last week
for criminal speeding and manslaughter. Heger, who suffered minor
injuries in the accident, was Brittany Burke's foster brother.

Burke's claim states that Brittany Burke's foster mother, Gail Hunter,
of Black Point Road in Scarborough, is at fault for allowing Burke to be
driven by Heger, her son, who was described as a reckless driver.

"I don't want anything to happen to John," said Larrell Johnson,
Brittany Burke's stepfather. "He didn't ask to be a foster brother."

However, Johnson said, Burke's lawyer, Thomas Greco of Williams and
Greco in Biddeford, said they need to include him in the suit. Greco
declined to comment on the case.

Furthermore, the claim charges that the Department of Health and Human
services failed to notify Burke of her daughter's death. Burke, who
lives in Westbrook, said she was contacted by Westbrook police at around
3 a.m. July 13. The crash occurred at around 9 p.m. July 12.

“Brittany laid there dead in a room,� Johnson said.

“It was five hours before they contacted us,� said Burke.

Burke seeks $400,000 in damages, the statutory limit, as well as any
additional relief the court awards.

Hunter did not return phone messages.

Burke's claim was filed with the Maine Attorney General's Office, which
has 120 days to respond before the suit can be filed in court, according
to Chris Taub, assistant attorney general.

"Filing the claim is a prerequisite to filing a lawsuit," Taub said.

Burke and Johnson said their daughter was not happy in the home because
of her relationship with Hunter. They said they received a few calls
from their daughter, upset about Hunter, including one during which
Hunter ripped the phone from the wall, preventing them from speaking
with their daughter.

According to rules listed by the Maine Department of Health and Human
Services regarding the qualifications of foster parents, members of the
household cannot engage in practices detrimental to the welfare of children.

Though Burke and Johnson said their daughter complained about Hunter,
they said she also spoke often about her relationship with Heger.

“Him and Brittany were like brother and sister,� Johnson said. “It
wasn't 'my foster brother John,' it was 'my brother John.'�

Johnson said she would talk about listening to music with Heger in his
room or going out to eat with him. Burke said her daughter was willing
to put up with Hunter's behavior because she didn't want to move around
to any more foster homes and because of her relationship with Heger.

According to Johnson, Brittany Burke and her two siblings, Cambrin, 7,
and Jesse, 5, had been in foster care for about a year, after the family
and a group of friends were traveling to Florida in an RV that got
stopped for a traffic violation in Massachusetts. When the police
searched the vehicle, they discovered a concealed weapon that Johnson
said belonged to one of his friends. The adults were arrested and the
children put in foster care.

Before moving to Scarborough, Burke was in a foster home in Old Orchard
Beach. Her two younger siblings live in another foster home in Maine.

According to Johnson, Cambrin and Jesse come to their Westbrook home
once or twice a week, and much of that time is still devoted to
remembering Brittany.

The children erected a monument in their back yard – stones placed in
the ground, surrounding a tree with lights hung from the limbs and
single star among them, representing their sister.

“Jesse thinks she's in heaven, watching over him. She's his guardian. He
talks to her,� Johnson said.

Inside the house, Winifred Burke created a shrine to her daughter by
decorating a cabinet in their kitchen with pictures. Her shoes – pink
Crocs that Burke recovered from the accident scene – lay on the floor in
front of it.

Every day, without fail, Johnson said, a video recording plays in their
home. It's Brittany performing “How Do I Live� by LeAnn Rimes at a
talent show in Old Orchard Beach. She won the contest, which earned her
the right to sing in front of her whole school.

The lyrics of the song strike a chord with the couple.

“It's still rough,� said Winifred Burke. “I'm just numb.�


Based in Westbrook, Reporter-The Current Leslie Bridgers can be reached
at 207-854-2577 or by e-mail at .






CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
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.


CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...


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...