If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
#2
|
|||
|
|||
Social worker's search violated kids' rights: Judge's ruling goes against state employee who checked under clothes for signs of abuse...
"fx" wrote in message
... http://www.jsonline.com/story/index.aspx?id=585341 Social worker's search violated kids' rights Judge's ruling goes against state employee who checked under clothes for signs of abuse By JOHN DIEDRICH and SARAH CARR Posted: April 2, 2007 A social worker overstepped her authority and violated two children's constitutional rights in 2004 when she looked under the clothing of a boy and a girl at a Milwaukee elementary school during an abuse investigation, a federal judge has ruled. Dana Gresbach, a social worker at the state-run Bureau of Milwaukee Child Welfare, asked the boy to lift his shirt and the girl to pull down her tights in individual interviews so she could check for signs of abuse in February 2004, according to court documents. The children are step-siblings. No abuse case was filed. In June 2005, the family sued Gresbach and her bosses in federal court, alleging that she violated the children's right against unreasonable search and seizure. They asked for unspecified damages and an injunction against the defendants. Last month, U.S. District Judge Lynn Adelman ruled Gresbach violated the children's right to be free of unreasonable search. He removed Gresbach's bosses from the suit. He rejected the call for an injunction. The ruling means both sides now either must negotiate a settlement of damages or go to a jury and ask the jurors to set an amount. John Glinski, an assistant attorney general who represented the defendants, filed an appeal Friday arguing Gresbach should have had "qualified immunity." "On the appeal, we would argue that the law was not violated, and even that it was not clearly established," he said. Gresbach did not return a call seeking comment. Stephanie Marquis, a spokeswoman for the state Department of Health and Family Services, said in a statement that "protecting children is a priority for our staff, and we do so within the confines of the law." Gresbach went to the private Good Hope Christian Academy to investigate an allegation that the boy was hit by his father on the wrist with a plastic flexible stick. Gresbach forbade the principal from being present or calling the parents, court documents say. The boy was in second grade and the girl in third. Gresbach took the children individually into a room. She first asked the boy if his father hit him and asked him to lift his shirt. Separately, she met with the girl and told her she would have to raise her jumper and pull down her tights, the court records say. The girl was not required to remove her underwear. The parents said they were especially outraged because they had told their children "that they never allow strangers to do what Gresbach did," the suit says. Michael D. Dean, a lawyer for the girl and her mother, said he was happy with the decision and would like to make the argument in a jury trial that the principal did not give Gresbach permission to even talk to the children, much less ask them to remove any of their clothing. "One of the critical parts of the decision is that a reasonable social worker would have known that she was violating the law," he said. Gresbach's co-workers testified that they would have done the same thing. This will be an interesting case to follow. It no doubt will be settled with secrecy involved so that one will not be able to determine the outcome. Some States, like California, have specific amounts set aside within their annual budgets for the purpose of paying folks off by way of confidentially retiring such suits. A good family court attorney has recommended that if there are any questions involving cps and exams of one's children, take them immediately to their own private physician or to the ER and have it documented that there are no marks or bruises indicating physical abuse. I've encountered this issue and I don't like the power rendered over helpless children and their own personal privacy and choices. Furthermore, I am opposed to the government agents / employees of any kind, entering schools, public or private, and subjecting children to any type of interregation without their parents involved or in the least, without legal counsel present on their behalves. The Judge ruling that the party overstepped authority, their qualified immunity would have been lost. Seems to me, mho. Thanks for posting. Please post any further action in this if you happen to be able to come across it. Sherman. |
#3
|
|||
|
|||
Social worker's search violated kids' rights: Judge's ruling goes against state employee who checked under clothes for signs of abuse...
On Apr 6, 5:30 am, "Sherman" wrote:
"fx" wrote in message ... http://www.jsonline.com/story/index.aspx?id=585341 Social worker's search violated kids' rights Judge's ruling goes against state employee who checked under clothes for signs of abuse By JOHN DIEDRICH and SARAH CARR Posted: April 2, 2007 A social worker overstepped her authority and violated two children's constitutional rights in 2004 when she looked under the clothing of a boy and a girl at a Milwaukee elementary school during an abuse investigation, a federal judge has ruled. Dana Gresbach, a social worker at the state-run Bureau of Milwaukee Child Welfare, asked the boy to lift his shirt and the girl to pull down her tights in individual interviews so she could check for signs of abuse in February 2004, according to court documents. The children are step-siblings. No abuse case was filed. In June 2005, the family sued Gresbach and her bosses in federal court, alleging that she violated the children's right against unreasonable search and seizure. They asked for unspecified damages and an injunction against the defendants. Last month, U.S. District Judge Lynn Adelman ruled Gresbach violated the children's right to be free of unreasonable search. He removed Gresbach's bosses from the suit. He rejected the call for an injunction. The ruling means both sides now either must negotiate a settlement of damages or go to a jury and ask the jurors to set an amount. John Glinski, an assistant attorney general who represented the defendants, filed an appeal Friday arguing Gresbach should have had "qualified immunity." "On the appeal, we would argue that the law was not violated, and even that it was not clearly established," he said. Gresbach did not return a call seeking comment. Stephanie Marquis, a spokeswoman for the state Department of Health and Family Services, said in a statement that "protecting children is a priority for our staff, and we do so within the confines of the law." Gresbach went to the private Good Hope Christian Academy to investigate an allegation that the boy was hit by his father on the wrist with a plastic flexible stick. Gresbach forbade the principal from being present or calling the parents, court documents say. The boy was in second grade and the girl in third. Gresbach took the children individually into a room. She first asked the boy if his father hit him and asked him to lift his shirt. Separately, she met with the girl and told her she would have to raise her jumper and pull down her tights, the court records say. The girl was not required to remove her underwear. The parents said they were especially outraged because they had told their children "that they never allow strangers to do what Gresbach did," the suit says. Michael D. Dean, a lawyer for the girl and her mother, said he was happy with the decision and would like to make the argument in a jury trial that the principal did not give Gresbach permission to even talk to the children, much less ask them to remove any of their clothing. "One of the critical parts of the decision is that a reasonable social worker would have known that she was violating the law," he said. Gresbach's co-workers testified that they would have done the same thing. This will be an interesting case to follow. It no doubt will be settled with secrecy involved so that one will not be able to determine the outcome. Some States, like California, have specific amounts set aside within their annual budgets for the purpose of paying folks off by way of confidentially retiring such suits. A good family court attorney has recommended that if there are any questions involving cps and exams of one's children, take them immediately to their own private physician or to the ER and have it documented that there are no marks or bruises indicating physical abuse. I've encountered this issue and I don't like the power rendered over helpless children and their own personal privacy and choices. Furthermore, I am opposed to the government agents / employees of any kind, entering schools, public or private, and subjecting children to any type of interregation without their parents involved or in the least, without legal counsel present on their behalves. The Judge ruling that the party overstepped authority, their qualified immunity would have been lost. Seems to me, mho. Thanks for posting. Please post any further action in this if you happen to be able to come across it. Sherman.- Hide quoted text - - Show quoted text - I like the approach these parents took. I am curious why we don't see more of these cases. The principal thought everything was legal and look what happened. spd |
#4
|
|||
|
|||
Social worker's search violated kids' rights: Judge's ruling goes against state employee who checked under clothes for signs of abuse...
On Apr 6, 8:55 am, "spd" wrote:
On Apr 6, 5:30 am, "Sherman" wrote: "fx" wrote in message . .. http://www.jsonline.com/story/index.aspx?id=585341 Social worker's search violated kids' rights Judge's ruling goes against state employee who checked under clothes for signs of abuse By JOHN DIEDRICH and SARAH CARR Posted: April 2, 2007 A social worker overstepped her authority and violated two children's constitutional rights in 2004 when she looked under the clothing of a boy and a girl at a Milwaukee elementary school during an abuse investigation, a federal judge has ruled. Dana Gresbach, a social worker at the state-run Bureau of Milwaukee Child Welfare, asked the boy to lift his shirt and the girl to pull down her tights in individual interviews so she could check for signs of abuse in February 2004, according to court documents. The children are step-siblings. No abuse case was filed. In June 2005, the family sued Gresbach and her bosses in federal court, alleging that she violated the children's right against unreasonable search and seizure. They asked for unspecified damages and an injunction against the defendants. Last month, U.S. District Judge Lynn Adelman ruled Gresbach violated the children's right to be free of unreasonable search. He removed Gresbach's bosses from the suit. He rejected the call for an injunction. The ruling means both sides now either must negotiate a settlement of damages or go to a jury and ask the jurors to set an amount. John Glinski, an assistant attorney general who represented the defendants, filed an appeal Friday arguing Gresbach should have had "qualified immunity." "On the appeal, we would argue that the law was not violated, and even that it was not clearly established," he said. Gresbach did not return a call seeking comment. Stephanie Marquis, a spokeswoman for the state Department of Health and Family Services, said in a statement that "protecting children is a priority for our staff, and we do so within the confines of the law." Gresbach went to the private Good Hope Christian Academy to investigate an allegation that the boy was hit by his father on the wrist with a plastic flexible stick. Gresbach forbade the principal from being present or calling the parents, court documents say. The boy was in second grade and the girl in third. Gresbach took the children individually into a room. She first asked the boy if his father hit him and asked him to lift his shirt. Separately, she met with the girl and told her she would have to raise her jumper and pull down her tights, the court records say. The girl was not required to remove her underwear. The parents said they were especially outraged because they had told their children "that they never allow strangers to do what Gresbach did," the suit says. Michael D. Dean, a lawyer for the girl and her mother, said he was happy with the decision and would like to make the argument in a jury trial that the principal did not give Gresbach permission to even talk to the children, much less ask them to remove any of their clothing. "One of the critical parts of the decision is that a reasonable social worker would have known that she was violating the law," he said. Gresbach's co-workers testified that they would have done the same thing. This will be an interesting case to follow. It no doubt will be settled with secrecy involved so that one will not be able to determine the outcome. Some States, like California, have specific amounts set aside within their annual budgets for the purpose of paying folks off by way of confidentially retiring such suits. A good family court attorney has recommended that if there are any questions involving cps and exams of one's children, take them immediately to their own private physician or to the ER and have it documented that there are no marks or bruises indicating physical abuse. I've encountered this issue and I don't like the power rendered over helpless children and their own personal privacy and choices. Furthermore, I am opposed to the government agents / employees of any kind, entering schools, public or private, and subjecting children to any type of interregation without their parents involved or in the least, without legal counsel present on their behalves. The Judge ruling that the party overstepped authority, their qualified immunity would have been lost. Seems to me, mho. Thanks for posting. Please post any further action in this if you happen to be able to come across it. Sherman.- Hide quoted text - - Show quoted text - I like the approach these parents took. I am curious why we don't see more of these cases. The principal thought everything was legal and look what happened. spd- The principal erroneously assumed the CPS CW knew what was legal and what wasn't. A few years ago I had a meeting with the administration/guidance staff of a local High School about CPS investigations. They were completely misinformed as to the actual policies and procedures regarding CPS investigations... either because CPS didn't know what their own P+Ps were or because CPS wanted to conduct their investigations in spite of the P+Ps. I know it's a shock. Dan |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Social worker's search violated kids' rights: Judge's ruling goesagainst state employee who checked under clothes for signs of abuse... | fx | Spanking | 0 | April 5th 07 04:30 PM |
Foster ruling to cost state millions A federal judge orders back payments for homes where kids live with relatives. | wexwimpy | Foster Parents | 0 | February 13th 04 04:41 PM |
State social services chief defends agency's workers It is impossible to stop all child abuse, he says | wexwimpy | Foster Parents | 0 | February 4th 04 05:33 PM |
NJ DYFS cw's violated state law-Not interviewing all family members | Fern5827 | Foster Parents | 0 | November 11th 03 03:00 PM |
Bush signs Federal bill to curb Social work abuses CPS, DSS, etc. | Fern5827 | Spanking | 0 | July 1st 03 04:29 PM |