Advocating For Children And Families Rights

Child Welfare System in Colville Faces Criticism

Reports fault Colville child services

















Leigh Roubideaux plays with her daughters. The children were taken by CPS in 2008 after straying near a busy street.

Northwest Public Radio 

Posted: Monday, May 11, 2009

COLVILLE, WA - A new Ombudsman report is critical of the child welfare system in Colville, Washington. The report seems to confirm what community leaders have been saying for months. Austin Jenkins has this report.

It’s a spring evening in Colville. Leigh Roubideaux’s daughters - ages 7 and 4 – are playing on their swing set in their front yard. It was a very different picture last August. That’s when Roubideaux’s kids strayed into the busy street in front of their house. Someone called the police and soon Child Protective Services was knocking at the door. Roubideaux - who has developmental disabilities – remembers that day well.

Leigh Roubideaux, Mother: “I was petrified. I was in tears.”

CPS took the kids away. It took three weeks and the support of friends and neighbors – like local businesswoman Lisa Shinn - for Roubideaux to get her daughters back. Shinn thinks CPS discriminated against Roubideaux because of her disability and the fact she’s Native American.

Lisa Shinn: “We would all have our children taken away if someone saw them playing in the street everyone would have their children taken by CPS if that is the criteria.”

This is just one example of a litany of complaints against Children and Family Services in Northeast Washington. Stevens County Prosecutor Tim Rasmussen sits in an easy chair in his living room with two accordion files at his feet. In those files are the stories of people who feel they’ve been wronged by state child welfare officials.

Tim Rasmussen: “There’s a lot of human tragedy here. There’s a lot of tragic, tragic situations.”

For the past months – at the request of a state lawmaker - Rasmussen has collected accounts of what he calls a “pattern of misconduct” by the Colville, Washington office of Children and Family Services. In one of the more high profile cases, five children were removed from the home of a well-known foster family. A judge later called it a “slap in the face” and an “overreaction” that resulted in “tremendous upheaval” for the children. Rasmussen’s theory is that caseworkers overreacted because of something horrible that happened in Colville back in 2005. A 7-year-old boy named Tyler DeLeon was starved to death by his foster mother.

Tim Rasmussen: “What’s happening now is just a different chapter in the book if you would. Tyler DeLeon is one chapter and they missed the mark in one direction and in some of the current cases they appear to have missed the mark in another direction.”

Prosecutor Rasmussen recently wrote a letter to Governor Chris Gregoire that says he believes there’s a “culture of deceit and deception” within the Colville child welfare office. He’s even considering criminal charges against a CPS worker for violating a court order. Rasmussen isn’t the only one critical of Children and Family Services. Patty Markel runs the CASA program in Stevens County. These are the Court Appointed Special Advocates who represent the children in child dependency cases. She alleges that CPS caseworkers act in a “willy-nilly” fashion that’s personality driven and motivated by a fear of lawsuits.

Patty Markel: “What I see now is more liability-driven decision making. And that’s concerning because that’s not necessarily – this whole system is supposed to be about the best interests of children”

You hear a similar theme from Barry Bacon - a family physician in Colville. He says CPS workers often ignore the advice of local doctors like him. Instead, from what he’s seen, they take kids to Spokane – 70 miles away – to see the doctor.

Dr. Barry Bacon: “They would rather continue with their opinion and destroy a child rather than admit that they’ve made a mistake. It’s unbelievable. I mean it’s like the Wild West. They are a law unto themselves which is one of the biggest issues we have with them.”

The Department of Social and Health Services has reviewed the cases flagged by Prosecutor Rasmussen and in a recent report finds no wrongdoing by caseworkers. But in a separate investigation by state Ombudsman Mary Meinig, a disturbing portrait of the Colville office emerges. Over the past two years, the Ombudsman’s office has received 62 complaints regarding child welfare practices in the area. So far in 16 of those cases, the Ombudsman found, “violations of law, policy, procedure; clearly unreasonable actions; or simply poor social work practice.” Beyond that Meinig says her investigation revealed, a “culture of pervasive distrust” between CPS workers and other professionals in the community. But rather than pinning all the blame on CPS, Meinig says everyone involved needs to do a better job of working together.

Mary Meinig: “Our report says the kids are at-risk and families are at-risk because of the lack of trust, cooperation, collaboration and communication that’s going on within the community.”

The situation is so serious, Meinig believes, that the lives of vulnerable children are on the line.

Mary Meinig: “Well if it doesn’t improve I would say it would be a matter of time before we have an even more serious incidents – possible child fatality or near fatality.”

Meinig believes past tragedies are influencing the decisions made by CPS workers and have led to a climate of distrust. In haunting language, she writes the “ghosts of children past sit in the collective conscience as reminders of where the system failed.” But Meinig’s report has hope. She recommends several steps to start rebuilding trust including bringing outside professional mediators and creating a diverse community advisory board. How does Children and Family Services respond to all this?

Marty Butkovich, DSHS Regional Administrator: “Obviously relationships need to be improved.”

Marty Butkovich is the Administrator who oversees the Colville CPS office. He acknowledges there’s been a breakdown in communication. But he calls his staff “exceptional," and says he’s seen nothing to suggest his employees need to be disciplined or fired.

Marty Butkovich: “We’re not the bad guy. This is very difficult work, very emotional work and some very difficult decisions are being made as it relates to kids and people have strong feelings about some of those decisions and not always in agreement.”

As for whether a fear of lawsuits is driving decisions to take children away, Butkovich admits that does weigh on caseworkers’ minds.

Marty Butkovich: “Liability is something that is very obvious and tort and being sued and deaths – all the real bad things that are out there – can be in a social workers mind and if they’re stressed and tired and so ya it can be there.”

Department of Social and Health Services officials say they believe relations in Northeast Washington have improved over the past year but there’s still work to be done. The agency plans to put a corrective action plan into place.

The problems in Colville have even reached Governor Chris Gregoire. She said in response to the Ombudsman report she wants the agency to, “refocus on what’s important,” the children they’re charged with protecting.

Copyright 2009 KUOW

On the web:

Ombudsman report

DSHS report

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Our View: Is it just Colville with child welfare office problems?

May 10, 2009 in Opinion
The Spokesman-Review

The job of protecting children who are wards of the state can be confusing, contentious and highly subjective. Are children being properly raised? Are their emotional and physical needs being met? Is discipline needed? Is the choice or degree of discipline appropriate?

These are not easy decisions, but what ought to be obvious to all involved professionals is that the children’s interests are paramount. However, clashes are inevitable when foster families, school officials, health care providers, criminal justice personnel, court-appointed watchdogs and state case workers all have input.

Breakdowns in this coordinated effort are at the heart of the problem with the Washington Division of Children and Family Services regional office in Colville, according to two recently released reviews. One probe was conducted by the Office of the Family and Children’s Ombudsman and another by the Department of Social and Health Services Children’s Administration.

Both found an erosion of confidence between community professionals and the state’s child welfare office. The ombudsman said this contentiousness was putting some children at risk. It hasn’t helped that attitudes became hardened after some infamous cases, chief among them the death of Tyler DeLeon, who succumbed to dehydration after long-term abuse by his adoptive mother.

The ombudsman’s report found instances where DCFS has not complied with state law or its own policies. Both reports highlight what appears to be the larger issue, which is general distrust. The Colville office, in particular, seems to be suffering from a fortress mentality, which has hurt communication and collaboration.

As one medical professional noted: “the level of trust has deteriorated to a level that I hesitate to even get involved with the child welfare system but certainly if the lines of communication were open and more productive, cooperation could certainly begin to happen again.”

Even workers within the Colville office noted difficulties in dealing with their supervisors.

To repair the damage, the ombudsman’s office recommends professional mediation for disputes and a diverse local advisory board to inject impartiality. Those are good starting points for the Colville office, but the state agency ought to consider whether these problems are also plaguing its other operations.

Separate reviews agree on some issues

May 7, 2009 in City

Kevin Graman
Staff writer

Tags: Children and Family Services Child welfare colville

Two separate reports, both critical of the state’s child welfare system in northeastern Washington, were released Wednesday by agencies investigating an unusually high number of complaints against the Colville office of the Washington Division of Children and Family Services.

A 10-month investigation by the Office of the Family and Children’s Ombudsman has found “a widespread crisis of confidence by the community in the child welfare system … that puts children and families at risk of harm.”

The Department of Social and Health Services Children’s Administration released its own report, which agreed with the ombudsman’s finding on a number of issues, but focused on a “systemic lack of communication and cooperation among all parties involved” in the welfare of dependent children.

The nearly simultaneous release of the two documents was apparently coincidence, said Mary Meinig, director of the ombudsman’s office, which is an independent watchdog over government agencies that have responsibility for child welfare.

Last June, Meinig’s office was asked by DSHS to review child welfare practices in the Colville office in response to concerns raised by state Rep. Joel Kretz and the advocacy group Washington Families United.

The Colville office covers Ferry, Pend Oreille and Stevens counties, where residents, including a grandparents’ support group, complained about child placement decisions.

Then, in March, Stevens County Prosecutor Tim Rasmussen wrote to Gov. Chris Gregoire and other state officials to state his concerns about alleged misconduct and corruption in the Colville office of the Division of Children and Family Services.

Rasmussen’s letter included allegations that Child Protective Services workers attempted to keep children from contacting their court-appointed advocates and “shopped” for health care and mental health care providers who would support their objectives in child placement.

Relatives were not notified or considered for placement of children, the prosecutor wrote. Other relatives had children taken from them and placed in foster care.

The ombudsman’s report supports some of these allegations.

Between Jan. 1, 2007, and March 31, 2009, the ombudsman’s office received 62 complaints regarding practices in the Colville office, of which 44 investigations have been completed. Of these the ombudsman found 16 adverse findings against the office, including violations of law, policy, procedure, “or simply poor social work practice.”

“These complaints had merit,” Meinig said. “Children were removed from placement for less than child abuse and neglect, which raises questions about how we are looking at relative placement.”

A Washington Families United spokeswoman said the problems cited in the ombudsman’s report in regard to the Colville office are present throughout the state.

“There is no one to hold these people accountable,” families advocate Linda Harris said.

In its report, Meinig’s office made several recommendations, including:

•That an outside professional mediation service address issues needing repair in the Colville area.

•That a diverse community board advises the Division of Children and Family Services.

•That the judiciary take leadership in addressing accountability, particularly in the appointment of mutually agreed-upon care providers.

The report also stressed the importance of keeping children with relatives in the absence of abuse or neglect, a clear violation of a court order, or imminent risk of harm.

Children’s Administration concurred with many of the ombudsman’s recommendations. But while Meinig’s office laid much of the responsibility with the child welfare agency, the Children’s Administration report focused largely on the strained relationship between the Colville office and the Stevens County Court Appointed Special Advocate Office.

“Both reviews identified similar areas needing improvement and provides an opportunity,” said Randy Hart, Children’s Administration interim assistant secretary. “We will work with our partners to implement the recommendations as appropriate.”

Contact Kevin Graman at kevingr@spokesman.com or (509) 459-5433.

The Olympian 

Ombudsman office cites crisis of confidence in CPS

• Published May 06, 2009  

The Office of the Family and Children's Ombudsman issued a report today that finds a "lack of trust" between parties in the Stevens County/Colville area (background here) puts children at risk of harm. 

From the release:

Director Mary Meinig and Ombudsman Linda Mason Wilgis found poor communication, an absence of collaboration and cooperation among professionals, and a lack of transparency in the decision-making of DCFS to be significant factors in the community’s lack of confidence in the child welfare agency. Community professionals do not feel respected and the relationships of the child welfare agency, Colville Division of Children and Family Services, with the Court Appointed Special Advocate program (CASA) and medical professionals in particular are severely strained.

Director Meinig stated that, “The Colville community identified child safety as its number one priority, but this will continue to be compromised unless significant work is done to repair relationships and create a culture of accountability and mutual respect. Families need to know that DCFS will be held accountable when the agency violates the laws and policies that govern its work.”

The Ombudsman’s report makes recommendations targeted toward all sectors of the child welfare system. Key among these is the use of an outside professional mediator, creation of a community advisory board, supporting relatives through improved notice and visitation, refinement of the child protection team process, and expanded resources so that contested cases can be heard on a timely basis and supervision within the agency can be more effective.

The report entitled “Loss of Trust: A Crisis of Confidence in the Child Welfare System in Colville” may accessed on OFCO’s web page at http://www.governor.wa.gov/ofco

UPDATE: from the agency:

“We appreciate the Ombudsman’s thorough review and analysis, we are reviewing both our own internal report and that produced by the Office of the Family and Children’s Ombudsman and have found consensus on several key issues involving a systemic lack of communication and cooperation among all the parties involved,” said Children’s Administration interim assistant secretary Randy Hart. “Overall, we concur with a number of recommendations in the Ombudsman’s report and will move to implement those, as well as those raised in our own internal review. We have been working with the Ombudsman on this situation for more than a year, and now that we have these reports we will put in place a corrective action plan. We look forward to working with the Ombudsman and our partners in the Colville community to improve working relationships to better serve the children and families in Colville."

Our View: Report on DSHS in Colville warrants review

March 25, 2009 in Opinion
The Spokesman-Review  

Tags: child abuse Department of Social and Health Services Joel Kretz Tim Rasmussen

Stevens County Prosecutor Tim Rasmussen was asked by state Rep. Joel Kretz, R-Wauconda, to look into repeated complaints about the child-protection workers in the Department of Social and Health Services office in Colville, which serves Pend Oreille, Stevens and Ferry counties. What he discovered after several months is contained in a sharply worded letter sent to the governor, attorney general and about 30 lawmakers and state workers.

The blunt report is sure to raise temperatures, but cooler heads need to focus on the substance to determine whether the allegations are accurate. Rasmussen accuses the office of a pattern of abuse in which foster children are taken from homes for questionable reasons. To accomplish this, DSHS workers in the Colville office are accused of selectively choosing doctors and counselors who were amenable to the office’s agenda.

Rasmussen was the prosecutor who worked out the plea deal in the case of Tyler DeLeon, who died of dehydration in 2005 after undergoing long-term abuse from his adoptive mother, who is serving a six-year sentence. In that case, Rasmussen was critical of the state for acting too slowly, or not at all. His just-released report often alleges that DSHS is too aggressive in removing foster children from homes. He notes a judge’s outrage at the agency for removing five children from a family and a request to remove two more for what appeared to be financial reasons. He also accuses the state of conducting sexual abuse examinations of children when no allegations have been leveled and ignoring the advice of court-appointed advocates.

The reality of Child Protective Services is that case workers can be accused of being too intrusive or too hands-off. Whether children should be removed from homes is always going to be an emotional issue. Still, criticism should be taken seriously to bring about the best balance. DSHS hasn’t had much time to look at Rasmussen’s complaints, so it has yet to offer a substantive answer. Kretz isn’t convinced that the agency’s self-evaluation is working.

It is too soon to decide whether the Colville office is in need of a serious shake-up based on these latest allegations. But the office certainly came up short in the DeLeon case, so these charges merit a close look. Plus, the agency does have an ombudsman who hasn’t shied from leveling criticism in the past.  For the sake of children, the adults need to set aside hurt feelings and embark on an objective review of the allegations. And the results of that inquiry should be made public.

Prosecutor alleges ‘pattern of misconduct’ at DSHS

March 20, 2009

Meghann M. Cuniff
The Spokesman-Review

A “pattern of misconduct” plagues the Colville office of the Department of Social and Health Services and has resulted in the wrongful removal of foster children, in one instance described in a court ruling as a “draconian solution” to a financial dispute, according to the county prosecutor.

The sharply worded letter, sent Wednesday to Gov. Chris Gregoire, Attorney General Rob McKenna, and more than 30 state legislators and state employees, follows months of investigation by Stevens County Prosecutor Tim Rasmussen and accuses the office of “shopping” for doctors and counselors to support its agenda, ignoring rules regarding the removal of foster children and contradicting recommendations from health care providers.

Rasmussen’s letter, which calls for state intervention, includes a complaint from a doctor who said a baby became addicted to drugs after being placed on a morphine drip, despite his assurances that the child did not have methamphetamine in its system as state workers suspected.

“It is really unfortunate that this child was put through this degree of trauma at such an early age and I believe it can only be laid at the feet of the (Child Protective Services) workers,” wrote Dr. Barry J. Bacon in a letter dated Nov. 18.

Bacon said Friday that he stands by the letter.

“I believe that there are some serious problems” with the department, Bacon said.

State Rep. Joel Kretz, R-Wauconda, asked Rasmussen to investigate after receiving what he called “an inordinate” number of complaints about the office.

Kretz spoke with department ombudsman Mary Meining last August and she looked into complaints, but Kretz said Friday he’s hoping for drastic changes in how such complaints are handled.

“I don’t think conventional means are going to get to the bottom of this,” Kretz said. “There’s a culture in that Colville office that needs to be weeded out and have some light shown on it.”

The Colville office serves Stevens, Ferry and Pend Oreille counties.

Connie Lambert-Eckel, deputy regional administrator for the DSHS children’s administration, said she received the letter yesterday and couldn’t comment on specifics.

The department has been working with Rasmussen on his concerns for some time, Lambert-Eckel said, but his letter contains new claims.

“We will be diving into these concerns very appropriately, very responsively, very quickly and very early next week,” she said.

Rasmussen was openly critical of the agency following the high-profile death of Tyler DeLeon, who died of dehydration in 2005 at the age of 7. DeLeon’s adoptive mother, Carole DeLeon, was sentenced to six years in prison after pleading guilty to charges of criminal mistreatment in a plea deal.

Rasmussen at the time said caseworkers failed to act on signs that the boy was malnourished.

“I think lots of people did let Ty down, starting with the people in the Department of Social and Health Services,” he said in 2007.

The state of Washington recently paid a settlement of more than $6 million to children who were under Carole DeLeon’s care, including $180,000 to the estate of Tyler DeLeon.

Rasmussen’s letter, which doesn’t mention the DeLeon case, details one instance in which a judge blasted the department for removing five foster children on what the court ruled was a “very questionable basis.”

“The court found that removal by the department was done primarily for financial reasons,” Rasmussen wrote. “The court noted its ‘displeasure and sense of outrage at the department having operated the way it did in removing the children,’ and speaks of the department ‘having done a grave disservice’ to the children.”

When the social workers tried to remove two other foster children from that home, the judge refused and called their request “child abuse,” the letter reads.

“Something is very wrong,” Rasmussen wrote.

The letter includes accusations that children have been subjected to forensic examination for sexual molestation when no allegations of abuse exist and ignoring recommendations from Court Appointed Special Advocates.

“I hope something comes of it, but we’ll just have to see,” Rasmussen said Friday.

Kretz said the department hides behind bureaucracy and privacy laws.

“We’ve gotten case after case that I can say I have not had my questions answered,” he said. “There needs to be another method to look into problems rather than self examination by an agency.”

STEVENS COUNTY PROSECUTING ATTORNEY

March 18, 2009  

Re: Current and recurrent problems with the Colville DSHS office

Ladies and Gentlemen,

I am writing you regarding matters that gravely concern the people and children of Stevens County and in a larger sense all of the people of Washington.

Several months ago, at the request of Representative Kretz, I began an investigation into the practices of the Stevens County Department of Social and Health Services. His request to me was the result of many complaints about the Colville DSHS office.

I solicited information from the public and received responses to my request from many people. Many provided documents to me which substantiate serious concerns. Some people have shared concerns with me, but I am unable to obtain documents which might support those concerns because of the confidential nature of the documents and the rule preventing access to these court files except by parties to the action.

From the contact with people I have had, I have come to believe that a pattern of misconduct exists within the local department that has resulted in corruption of the meaning of the statutes that are in place to protect dependent children. While the complaints vary in nature, the effect of this corruption is that children, parents and foster parents are not well served by the Colville DSHS office. I provide the following as examples of the problems which have been communicated to me by the citizens of this county. I have documents to support many of the following situations.

One instance is the removal of five foster children from dedicated foster parents. The court characterized this removal as being on a "very questionable" basis and as "a draconian solution." The court indicated that although removal was not in the best interest of the children, the court believed it was powerless to prevent the department’s actions. The court found that removal by the department was done primarily for financial reasons. The court noted its "displeasure and sense of outrage at the department’s having operated the way it did in removing the children," and speaks of the department "having done a grave disservice" to the children.

This action to remove the foster children was followed by an attempt to remove two other children who were in a guardianship for several years with the same people. The judge stated that for the court to do what the department wanted would amount to "child abuse" and found a basis in the law to refuse the department’s request. In this case, every single professional involved with the children recommended against termination of this guardianship, yet the department persisted in this course of action for some reason. Obviously, DSHS should not be involved in doing anything that a court would label as a "grave disservice" to children. Something is very wrong.

CRIMINAL/CIVIL LAW DIVISION FAMILY LAW DIVISION 298 S MAIN, Suite 204

215 S OAK-ROOM # 114 COLVILLE WA 99114 COLVILLE WA 99114

(509) 684 7500 / FAX (509) 684 7589

TOLL FREE (866) 2029193 TTY (800) 833 6388

(509) 684-7501 / FAX (509) 684 7581

The CPS workers have apparently developed a pattern of "shopping" for health care providers and counselors who are supportive of their objectives. Based on information I have received, if the physician or counselor fails to support their agenda with a particular child, reasons will be found to terminate that physician or therapist’s services and find another. This practice has led to frequent changes in counselors for the children. Sometimes this is after the child is engaged in the therapeutic relationship and has come to trust the counselor sufficiently to reveal confidential aspects of their situation.

Specifically, CPS workers have engaged in maintaining a plan to reunite an abused child with an abusive father even though the child’s therapist strongly advised against reunification at this time. After the therapist made this recommendation, the department sought a different counselor. When this effort was resisted by the CASA, the department cancelled the therapist’s contract as a provider. This action caused the termination of the therapist’s relationship with many other children thereby causing incalculable harm.

Another concern is the department’s occasional attempts to keep children from contact with the CASA. This has occurred in cases where the CASA does not agree with the department’s plan for the children. Documentation exists showing that the department directed its workers to keep children from the CASA. This is contrary to state law and in violation of specific provisions of the Statewide Agreement of Mutual Understanding between the Washington State CASA and the DSHS Children’s Administration.

It has come to my attention that the department regularly does not abide by regulations requiring advance notification to foster parents of removal of a child from a foster placement. Examples of this abound.

There are instances where a child is placed outside a home and there are available relatives of the child who should have been considered for placement. However, sometimes these relatives are not notified or considered, and when they do request contact with the child, the department resists or creates obstacles to the contact.

Some of the actions of the department have had a direct and potentially injurious effect on dependent children. Children have been subjected to forensic examinations when no allegations of sexual molestation exist to justify such an examination.

A local physician’s medical group has expressed its concerns in writing to the Colville DSHS office repeatedly over the years in an attempt to resolve the issues of distrust that exist between them, with no positive results.

There exists documentation of department Team meetings where department personnel mislead parents of dependent children by expressing their intentions about a particular child when the parent was present and then expressing directly the opposite view after the parent left the meeting.

CRIMINAL/CIVIL LAW DIVISION FAMILY LAW DIVISION

215 S OAK-ROOM #114 298 S MAIN-SUITE 204 COLVILLE WA 99114 

(509) 684-7500/ FAX (509) 684 -7589 (509) 684-7501 / FAX (509) 684 -7581 TOLL FREE (866) 202-9193 TTY (800) 833-6388

The department uses the confidentially requirement, originally intended as a shield to protect children, as a shield to disclosure and discovery of misconduct by the workers. I am aware of situations where DSHS supervisors have implied to foster parents that if they reveal concerns regarding the department’s treatment of them or of dependant children to others, the department would take the foster children away from them.

I have attached a letter from a physician to Mr. Kretz that documents a very troubling situation. Apparently CPS personnel conveyed information that an infant was born addicted to Methamphetamine and other drugs when the workers had a good basis for knowing that such information was false. This misinformation was passed on to medical providers of the infant and ultimately resulted in the infant being placed on a morphine drip. This baby was not addicted to drugs at birth but became addicted as a result of misinformation supplied by DSHS.

The forgoing are examples of the kinds of misconduct that is unfortunately engaged in by the Colville DSHS office. This conduct is in violation of multiple statutes and regulations and is contrary to any basic sense of honesty and morality. In all of these situations the ones who ultimately suffer are the children. They have been forgotten.

These must be addressed at the state level. There are some things that I can and will do here in Stevens County to try and correct these wrongs, but as public officials, you bear a greater responsibility to do something. You must at least try and correct the systemic problems that allow abuses of children to go unchecked. If you choose to do nothing, then you are morally complicit in this. Please do not fail these vulnerable citizens of our

state.

I write to illuminate this problem so you who are in a better position to act, will act.

Sincerely,

Tim Rasmussen Stevens County Prosecuting Attorney

FAMILY LAW DIVISION CRIMINAL/CIVIL LAW DIVISION 298 S MAIN SUITE 204

215 S OAK ROOM #114 COLVILLE WA 99114 COLVILLE WA 991 14

(509) 684-7501 / FAX (509) 684-7581 (509) 684 7500 / FAX (509) 684 -7589 TOLL FREE (866) 202-9193 TTY (800) 833-6388

Rob McKenna

ATTORNEY GENERAL OF WASHINGTON

1125 Washington Street SE • PO Box 40100 • Olympia WA 98504-0100

March 31, 2009

The Honorable Tim Rasmussen Stevens County Prosecuting Attorney 215 S. Oak, Room #114 Colville, WA 99114

RE: Your Letter of March 18, 2009 Re Colville DCFS

Mr. Rasmussen:

Thank you for your letter of March 18, 2009, voicing your concerns regarding the Colville Division of Children and Family Service’s (DCFS) Office of the Department of Social and Health Services (DSHS). Because the Attorney General’s Office places a high priority on protecting our State’s most vulnerable residents, I take great interest in these matters and have spoken directly with key members of the Spokane Division of my office about your concerns.

As you know, Representative Joel Kretz raised similar concerns last summer. Since that time, DSHS has dispatched reviewers to identify and address problems and systemic issues in Stevens County. Their work is ongoing. I also understand that the Office of Family and Children’s Ombudsman (OFCO) initiated an investigation. The OFCO, which is part of the Governor’s Office, is in a unique position to investigate complaints related to agency action or inaction and has the power to intervene in cases where an agency may have acted in an unauthorized or unreasonable manner. The OFCO also can identify system-wide issues and make appropriate recommendations for change. In addition, each dependency case brought on behalf of DSHS is subject to review by the court, which makes the ultimate determinations on the issues presented by the parties.

The Attorney General’s Office serves as legal counsel for DSHS in litigation and other matters pursuant to RCW 43.10.030. Pursuant to RCW 13.04.093, we represent DSHS in dependencies and assumed responsibility for these cases in Stevens County around the summer of 2006. The matters that you have raised involve legal proceedings that were or are being resolved through litigation and in which we have provided legal advice and representation. As legal counsel for DSHS, the Attorney General’s Office remains available to offer legal advice to DCFS on whether its actions are legally sufficient and supportable based on the applicable laws and rules.

ATTORNEY GENERAL OF WASHINGTON

The Honorable Tim Rasmussen March 31, 2009 Page 2

We also remain willing to arrange a meeting with you and other concerned parties to discuss the underlying issues and any proposals to improve the juvenile dependency system in Stevens County. If you would like to arrange a meeting to discuss your concerns, please contact Senior Assistant Attorney General Laurence Briney in my Spokane office at (509) 456-3123 to make these arrangements.

The juvenile dependency system in Stevens County has been the subject of great concern and substantial review by various interested parties who share the goal of protecting children. With this review and oversight, I trust that the issues identified in your letter will be satisfactorily resolved. Again, I appreciate you raising your concerns with me as well as other state officials.

Sincerely,

ROB MCKENNA Attorney General

RMM/jlg

cc: The Honorable Christine Gregoire, Governor The Honorable Bob Morton, Washington State Senator The Honorable Joel Kretz, Washington State Representative The Honorable Shelly Short, Washington State Representative Kelly Reed, Washington State CASA Tom Burke, Washington State CASA Randy Hart, Interim Secretary, DSHS Children’s Administration Sharon Gilbert, DSHS Children’s Administration Mary Meining, DSHS Children’s Administration Marty Butkovich, DSHS Area Administrator Carrie Whitaker, Braam Oversight Panel Brian Moran, Chief Deputy Attorney General Nancy Hovis, Deputy Attorney General Christina Beusch, Deputy Attorney General Hunter Goodman, Director of Governmental Affairs, Attorney General’s Office Laurence Briney, Senior Assistant Attorney General Rochelle Tillett, Senior Assistant Attorney General Steve Hassett, Senior Counsel, Attorney General’s Office Cheryl Wolfe, Senior Counsel, Attorney General’s Office Kelly Konkright, Assistant Attorney General

CHRISTINE O. GREGOIRE Governor

STATE OF WASHINGTON OFFICE OF THE GOVERNOR

PO BOX 40002 • Olympia, Washington 985040002 • (360) 7536780 • www.governor.wa.gov

April 1, 2009

The Honorable Tim Rasmussen Stevens County Prosecuting Attorney Criminal/Civil Law Division 215 South Oak Street, Room 114 Colville, WA 99114

Dear Mr. Rasmussen:

Thank you for your recent letter regarding your investigation into the practices of the Washington State Department of Social and Health Services’ (DSHS) Children’s Administration’s Division of Children and Family Services’ (DCFS) Colville Regional Office.

DCFS is the state entity that investigates allegations of child abuse or neglect, determines when to recommend to the court that children be removed from their parents’ care, and makes decisions regarding where to place children when out-of-home care is necessary. Although DCFS is regulated by state law, regulations and departmental policies, many of the decisions state case workers must make are ultimately judgment calls. Needless to say, many of the decisions made by DCFS are controversial.

I appreciate your interest in ensuring that the state’s DCFS, which plays a critical role in ensuring the safety of Washington’s children and the well-being of their families, operates appropriately. I can understand your concern about the apparent number of complaints expressed in your community regarding DCFS. I can also understand that it is very difficult for you to ascertain the validity of these complaints, as you do not have access to confidential case records.

In response to similar complaints from other parts of the state and similar concerns about the inability to determine the validity of such complaints due to confidentiality barriers, the Legislature created the Office of the Family and Children’s Ombudsman (OFCO) in 1996. OFCO operates independently of DSHS and other state agencies and reports directly to the Governor and to the Legislative Children’s Oversight Committee. OFCO is authorized to access confidential case records and to interview state staff and clients. OFCO’s statutory duties include investigating complaints regarding any DSHS "administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds" and include "monitor[ing] the procedures as established, implemented, and practiced by [DSHS] to carry out its responsibilities in delivering family and children's services with a view toward appropriate preservation of families and ensuring children’s health and safety."

The Honorable Tim Rasmussen April 1, 2009 Page 2

Last summer, in response to a letter of concern from Representative Joel Kretz regarding the Colville DCFS office, then-DSHS Secretary Robin Arnold-Williams asked OFCO to undertake an independent review of the office by letter dated June 23, 2008. OFCO agreed to investigate the complaints identified by Representative Kretz. It is entirely appropriate for OFCO to complete an investigation of this type and is, in fact, one of the primary functions of OFCO.

I understand that OFCO began its investigation last summer, and has been continuing to review new complaints it has received regarding decisions made by the Colville DCFS. Given the level of interest in the outcome of the OFCO investigation, I called OFCO Director Mary Meinig today. I found her in Colville working on this matter. She indicated she was frustrated at not having completed her review but assured me she would do all she could to get it done by the first week in May.

Thank you for sharing the information you have received from concerned citizens regarding the Colville DCFS office. DSHS has also dispatched three staff from the across the state to Colville to take a deeper look into the specific issues that you have raised. They will have their report to the Secretary by May 1 as well.

Again, thank you for your interest in ensuring that the state DCFS functions appropriately. I, too, believe that it is critically important for DCFS to operate lawfully and judiciously as it is an agency that can have tremendous impact on vulnerable children and their families. I appreciate you forwarding your concerns so the state may investigate them further.

Sincerely,

Christine O. Gregoire Governor

cc: Attorney General Rob McKenna Acting Secretary Stan Marshburn, DSHS Representative Joel Kretz Representative Ruth Kagi Director Mary Meinig. OFCO Page 1 of 2 S e a r c h

News Release Listing I DSHS Main Page I Search I Contact Us I Privacy

Contact: Sherry Hill, (360) 902-7892, hillsl@dshs.wa.gov

April 06, 2009 Children's Administration speaks to issues raised by prosecutor

By Randy Hart, interim assistant secretary of the Children's Administration

The Spokesman Review recently published an article and subsequent editorial about concerns raised by Stevens County Prosecuting Attorney Tim Rasmussen, who said that he had been investigating practices of Children's Administration in Stevens County and had found a "pattern of misconduct" in the Colville office. Given the serious nature of these allegations, I am responding on behalf of the Department of Social and Health Services and the Children's Administration.

I thank the Spokesman Review for the balanced editorial, asking for accuracy in the allegations and for cooler heads to prevail. The safety and well being of children is the Department's core mission and overarching concern. We take very seriously allegations that Children's Administration leadership and employees are not taking steps to protect children or are disregarding their safety and needs. While it would be premature for the Department to comment on specific cases at this time, it is necessary to set the record straight on some aspects of Mr. Rasmussen's investigation.

Based on a letter of concern from Rep. Joel Kretz, in June 2008 DSHS asked the Office of the Family and Children's Ombudsman to undertake an independent review of the Colville Office and investigate the complaints identified by Rep. Kretz. The Ombudsman's office has not yet issued a report but has been in ongoing communication with the Department regarding specific cases. Gov. Chris Gregoire, in a letter to Mr. Rasmussen April 1, indicated that the Ombudsman's office should complete its review in early May.

In addition, the Department is reviewing, in detail, each of the cases that we believe were referenced in Mr. Rasmussen's letter. Children's Administration headquarters and Region 1 management have been working with the Colville office, legislators' offices and the community regarding concerns previously expressed about individual cases.

In October 2007, the Colville office underwent management changes. We appointed a new area manager to cover Colville, Newport and Republic. This change reduced the span of control for that manager, allowing more focus on the area. We have been actively engaged with this office through case reviews, office and community visits and ongoing case reviews by staff teams for over a year and a half.

Through this work, we found the staff in Colville is committed to working with families and children in the community and helping them get the services they need. Staff has been open to scrutiny and has involved family members, community child protection teams, foster parents and local Indian Child Welfare Committees in critical decisions that affect families.

Department staff involved in the internal review of the Colville office expect to deliver a report to the DSHS Secretary in early May.

Children's Administration works with and values the work and efforts of others who help make up the safety net for children and families in our communities, including law enforcement officers, doctors, service providers, and foster parents and relatives. Children who have suffered abuse and neglect are placed by the courts in the custody of the Department of Social and Health Services. Courts don't make these decisions on placement and services in a vacuum, but rather after considering the recommendations of the above expert professionals.

05/06/2009

Children's Administration speaks to issues raised by prosecutor Page 2 of 2

Attorney General Rob McKenna indicated in a letter to Mr. Rasmussen March 31, each dependency case brought on behalf of DSHS is subject to review by the court, which makes the ultimate determinations on the issues presented by the parties.

I regret that Mr. Rasmussen did not approach the department as part of his investigation. The prosecuting attorney did not request from Children's Administration any document, record or other information about any case, nor did he ask to speak with any Department supervisor or manager about specific cases. Further, he did not inquire about how Child Protective Services' investigations are conducted, the process for risk assessment or decision making used in investigations and ongoing cases, or Children's Administration policies and how they are applied to help guide day-to-day practice.

We welcome inquiries from members of the public who have concerns about Children's Administration. I also encourage people to submit concerns to the Ombudsman, should they want an independent review of department actions or decisions.

Children's Administration will continue to investigate any new concerns about the handling of cases and we will work with the individuals and families, as well as the Ombudsman, to resolve those concerns.

###

DSHS does not discriminate and provides equal access to its programs and services for all persons without regard to race, color, gender, religion, creed, marital status, national origin, sexual orientation, age, veteran's status or the presence of any physical, sensory or mental disability.

Modification Date: April 6, 2009 For more ways to get in touch with the Department of Social and Health Services go to the DSHS Contact Information web page. Technical Site Comments: DSHS Webmaster

http://www.dshs.wa.gov/mediareleases/2009/pr09052.shtml

 

 05/06/2009

 STATE OF WASHINGTON

OFFICE OF THE FAMILY AND CHILDREN'S OMBUDSMAN

6720 Fort Dent Way, Suite 240 Tukwila, WA 98188

(206) 439-3870 • (800) 571-7321 • FAX (206) 439-7877

SENT VIA FACSIMILE

Evelyn Bell, Administrator Stevens County Superior Court 215 S Oak St, Rm 209 Colville, WA 99114-2862 Fax: 509-685-0679 RE: Records Request In and

Dear Ms. Bell:

The Office of the Family and Children's Ombudsman is a state agency that conducts investigations pertaining to family and children's services and the placement, supervision, and treatment of children in the state's care. We are presently conducting an investigation and review regarding the children in the above-referenced legal actions.

As part of our investigation, I am requesting a copy of a CD of the transcripts retained by the Stevens County Superior Court of the proceedings and rulings from hearings presided over by Judge Rebecca M. Baker on related to the above-referenced dependency/termination matters. This request is made pursuant to RCW

13.50.100, which governs access to files and records retained by juvenile court and provides that "[r]ecords retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant..." The Office of the Family and Children's Ombudsman is identified as a "Juvenile Justice or Care Agency" in RCW 13.50 010(1)(a).

Additionally, the ombudsman is required to treat all matters under investigation as confidential and is prohibited from disclosing or disseminating information received, except as provided by applicable state or federal law. Furthermore, the investigative records of the office of the ombudsman are confidential and are exempt from public disclosure, and are not subject to discovery or subpoena. RCW 48.06A.050; RCW 48.06A.060.

Please do not hesitate to call me if you have any questions regarding this request. You can reach me at 206-439-3870. Thank you for your attention to this matter.

Sincerely,

Linda Mason Wilgis

Ombudsman

STEVENS COUNTY PROSECUTING ATTORNEY

April 6, 2009

Linda Mason Wilgis Office of the Family and Children's Ombudsman 6720 Fort Dent Way, Suite 240 Tukwila, WA 98188

Re: Records Request

Dear Ms. Wilgis:

As the legal advisor to the Superior Court Administrator 1 have been asked to respond to your request received by fax on March 30,2009. Please be advised your request is denied.

Sincerely,

Lloyd Nickel Deputy Prosecuting Attorney

CRIMINAL/CIVIL LAW DIVISION

FAMILY LAW DIVISION 215 S. OAK, ROOM #114, 298 S. MAIN, SUITE 204 COLVILLE, WA 99114

(509) 684-7500 / FAX (509) 684-7589 (509) 684-7501 / FAX (509) 684-7581 TTY (800) 833-6388 TOLL FREE (866) 202-9193

STATE OF WASHINGTON

OFFICE OF THE FAMILY AND CHILDREN'S OMBUDSMAN

6720 Fort Dent Way, Suite 240 Tukwila, WA 98188 (206) 439-3870 • (800) 571-7321 • FAX (206) 439-3877

April 15, 2009

Lloyd Nickel Deputy Prosecuting Attorney Stevens County Prosecuting Attorney 215 S. Oak, Room #114 Colville, WA 99114 RE: Records Request In re: Dear Mr. Nickel:

I am responding to your letter of April 6, 2009 regarding the request made by the Office of the Family and Children's Ombudsman for a CD of the transcripts from hearings presided over by Judge Rebecca M. Baker on and in the above-

referenced cases.

Please provide me with the legal basis for the denial of your request. We are entitled to these transcripts under chapter 13.50 RCW in our agency's designation as a "juvenile justice or care agency" and under the Ombudsman's authorizing statute under chapter 43.06A. RCW, which entitles us to information, records, or documents necessary to fulfill our legislative mandate of monitoring children in state care.

1 look forward to hearing from you-If you wish to discuss this matter further, I may be reached at 206-439-3870.

Sincerely,

Linda Mason Wilgis

Ombudsman

State investigates child welfare office

August 10, 2008 in City

Large number of complaints at Colville office

Alison Boggs / Staff writer
 
Tags: Child Protective Services foster care

A high volume of complaints regarding the Washington Division of Children and Family Services’ Colville office has triggered an investigation by the state ombudsman.

Ombudsman Mary Meinig will be in Colville this week at the request of Department of Social and Health Services Secretary Robin Arnold-Williams. The request was made because of concerns raised by a state legislator who represents that area and by the advocacy group Washington Families United, said Kari Burrell, executive policy advisor to Gov. Chris Gregoire for human services and housing.

Colville residents, including a grandparents’ support group, have complained about child placement decisions and have accused social workers and managers of unfair treatment.

“I know that that child welfare system is very difficult for families, but that doesn’t mean we don’t want to take a look at what’s going on,” Burrell said, explaining that the ombudsman has no enforcement power but can issue findings and make recommendations.

“There’s a tremendous amount of complaints,” said state Rep. Joel Kretz, the Republican lawmaker who represents that northeastern Washington district. Kretz said his office has been looking into the matter for more than a year and sees a pattern. “I just have a feeling that when there’s this much smoke, that there’s some fire somewhere.”

Marty Butkovich, regional administrator for the Children’s Administration, said staffing changes recently have been made at the Colville office that he hopes will result in better community relations.

“We’re making decisions about kiddos, and sometimes not all of the parties involved are happy with the decisions. I’m not going to downplay the fact that there are a few people complaining about what’s going on up in Colville,” Butkovich said, adding that Kris Randall, who manages the Colville office, now is responsible for two offices, down from four in the past. Butkovich said that should lead to more time spent in Colville addressing community concerns.

“It’s going to take a little time to correct some of this stuff, but I’m confident in her and in the staff as well,” he said. “I think things will improve.”

In 2007, the Colville office, which handles Stevens and Ferry counties, received 25 complaints. Sharon Gilbert, deputy director for field operations with the Children’s Administration, classified that as a “fairly good number” for the size of the area. By comparison, the Spokane office, which handles Spokane and Lincoln counties, received 60 complaints. Census figures show Stevens and Ferry counties have a combined population of about 50,000; about 456,000 people live in Spokane and Lincoln counties. So far this year, the Colville office has logged 15 complaints.

On July 16, Children’s Administration representatives attended a meeting organized by a group of Colville grandparents whose grandchildren had lived with them for years but then were placed in foster care. Also attending the meeting was the director of a national organization that advocates for grandparents’ rights. A support group formed by those grandparents has been meeting monthly at a Colville church for more than a year.

“Every one of the grandparents in this group, their grandchildren lived with them, and I’m telling you, these are upstanding people,” said Diana Williams, co-chairwoman of the group, Northeast Washington Grands. The grandparents don’t understand why, after raising their grandchildren for years, the children suddenly would be removed and placed in some cases with nonfamily members, Williams said. Child Protective Services “always states their very first effort is to reunite the children with family,” she said.

Meinig, the ombudsman, said she will be in Colville this week to determine how the concerns could be addressed. She said she’ll examine whether “there are patterns to the problems or predominant systemic issues that need to be addressed.

“If people are that concerned, there should be some kind of plan of attack,” Meinig added. “If you keep hearing the same thing, you say, ‘What are we going to do about this?’ Most offices take on a personality, and when you get a number of complaints, it’s, ‘How do we change this personality?’ ”

Kretz acknowledged that state government can’t look over social workers’ shoulders all the time, but he still wants answers.

“I really feel like the level of fear and concern in the public needs to have some attention paid to it,” Kretz said, adding that he wants to know whether the proper protocols are in place and being followed.

“Are they judging cases in a professional way?”

Contact Alison Boggs at (509) 459-5484 or alisonb@spokesman.com.

Colville's child protective services under investigation

Posted:<script language="JavaScript"> var wn_last_ed_date = getLEDate("Aug 12, 2008 2:06 AM EST"); document.write(wn_last_ed_date);</script> Aug 11, 2008 11:06 PM PDT

Updated:<script language="JavaScript"> var wn_last_ed_date = getLEDate("Aug 13, 2008 12:06 PM EST"); document.write(wn_last_ed_date);</script> Aug 13, 2008 09:06 AM PDT

 

COLVILLE -- Over a year ago, Child Protective Services took Betty Tomlin's great-granddaughter from her home and put her in foster care. She said she didn't get a clear reason.

"She has a room in this house. One day she was here, the next she isn't," grandmother Betty Tomlin said.

For Tomlin this is an emotional issue.

"There isn't a way to tell you how bad this pain is. It's like she's dead, but she's not," said Tomlin.

Tomlin is one of many parents and grandparents who say Colville's branch of child and family services needs investigation.

"They told us we were not capable of parenting," Dodie Damrau, a grandmother, said.

Damrau's granddaughter was five when she was removed.

"She has been in a foster home since February 7th, 2007," said Damrau.

Their complaints are similar, but wide-ranging. State Children and Family Ombudsman Mary Meining has seen them all.

"Safety of children in foster care is one. Removal from our office is another. Removal from parents. Reunification issues. It is a number of issues from across a broad range," Meinig said.

Grandparents also allege they were threatened and intimidated by case workers. Linda Harris is an advocate for the families.

"The way they treat these families is totally disrespectful. They need to be held accountable," said Harris with Washington Family United. 

Prosecutor Tim Rasmussen plans a broad investigation. One concern is a letter from a group of Colville doctors who claim they have no confidence in the Colville DCFS office.

As for the department's response, Regional Deputy Administrator Connie Lambert-Eckel appreciates the involvement of the state ombudsman. She said she was not aware of allegations of intimidation or child removal without court order. Based on what she has seen, her employees have acted responsibly.

Lambert-Eckel's words ring hollow words for Tomlin.

"You know who knows her best? I do, and her Dad. Do you think they're going to ask us? They're not going to ask us," Tomlin said.