Skeptical jury awards just $2 for parents' pain over son's improperremoval by state...

Skeptical jury awards just $2 for parents' pain over son's improper
removal by state
But 1999 incident helped change family-rights laws
By Kirsten Stewart
The Salt Lake Tribune
Article Last Updated: 07/03/2007 08:53:46 AM MDT

http://www.sltrib.com/ci_6287314

After watching Utah child-welfare caseworkers drive off with her
12-year-old son, Connie Roska collapsed on the front lawn of her Layton
home.
She doesn't remember how she got back into the house.
But the hurt remains fresh for Roska and her husband, James, who
testified tearfully in U.S. District Court last week about harms
suffered due to Rusty's wrongful removal May 28, 1999. Sleepless nights,
a missed graduation ceremony, depression and general distrust of
governmental authorities were the suffering for which the Roskas said
they deserve compensation.
It wasn't enough to sway a jury, which Monday rejected the couple's
injury claim, awarding $2 in nominal damages.
Monday's verdict caps a six-day trial and nearly eight-year legal
battle, which helped drive changes to Utah law aimed at safeguarding
parents' rights.
But those changes are meaningless, if "you can violate the law
without being punished," said the Roskas' lawyer Steven Russell. The
Roskas left the courthouse Monday in tears and declined to comment.
The Roskas sued Shirley Morrison, a caseworker at Utah's Division
of Child and Family Services, and her two supervisors, Colleen Lasater
and Melinda Sneddon. A federal appeals court earlier had ruled the trio
violated Utah law - and could be held personally liable - by taking
Rusty into protective care without
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first offering services to his parents.
Caseworkers also violated the 14th Amendment of the U.S.
Constitution by taking Rusty without a hearing or warrant, their
attorneys acknowledged.
But Utah Assistant Attorney General Matthew Bates asked jurors to
"cut these social workers a little slack."
Bates said caseworkers are caring professionals who "work in an
extremely demanding and thankless job" and said they followed their
training.
"Folks, you don't get damages just because your constitutional
rights were violated," Bates said. "This isn't 'The Price Is Right.'
[The Roskas] need to prove they were injured."
Caseworkers argued they had no choice but to remove Rusty, who they
feared was a victim of abuse, and that removals without due process were
common in the late '90s. The practice led Morrison, who worked for the
division for one year, to later become an advocate for falsely accused
families.
In a taped phone call to the Roskas' attorney, she condemned the
state's "Gestapo-style" tactics and agreed to be a witness for the
Roskas. That changed when the Roskas sued.
Utah law since has been changed to require a warrant or hearing
before removal, unless there's an emergency.
Still, Russell called caseworkers' claims of ignorance "an
outrage," citing division training manuals underscoring that removal
should be a last resort.
The Roskas alleged caseworkers yelled profanities and shoved
children out of their way during Rusty's removal. Sneddon told Roska if
she didn't carry Rusty out to the van, she would "drag him up the
stairs," Russell said.
A neuropsychologist who examined the family said Rusty Roska, now
21 and living in his parents' home, and his parents display symptoms of
post-traumatic stress disorder. Connie has coped by trying to "save the
world," working as a parental-rights advocate, while her husband
"retreated from the world," Russell said. "He lost the trust of his son
and the trust of himself as a father. He still blames himself for what
happened."
Bates questioned the Roskas' damage claims, noting each had
struggled with mental illnesses before Rusty's removal. "Jim still has a
job. Connie runs a day care," he said. "They appear to be living normal
lives."
Russell said the Roskas have nearly exhausted their chances to
appeal, though they may revive injury claims for their children.
The state had twice offered to settle with the Roskas; once for
$100,000 and again for a more generous sum.
Russell said suing the state wasn't an option for the Roskas due to
Utah's immunity statute. He fears the verdict will have a chilling
effect on future lawsuits. "I can't imagine anyone wanting to go through
this after this trial."



The case in brief
* What happened: A jury found three Utah child-welfare workers owe
only $2 in damages for the wrongful removal of a 12-year-old boy from
his Davis County home.
* History: Social workers and school officials believed the boy was
a victim of Munchausen's Syndrome by Proxy, a condition in which a
parent acts as if a child is ill, or even causes the child's illness. A
doctor corroborated his parents' assertion that he suffered from a
kidney disorder. Nevertheless, workers took custody of the boy, who
returned home after a week in foster care.
A federal judge had dismissed the parents' lawsuit, but an appeals
court ruled the workers were liable for violating Utah law by taking
they boy without first offering services to his parents.




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...