Legal Watch under way to take custody cases to SCOTUS

Legal experts are watching for the best test cases to get violations of Constitutional due process to the U.S. Supreme Court. For more, click on the title above.

The Cabals of Court, Part 1

In January 2011, NBC 10 news reported that Chief Judge Haiganush Bedrosian had called in state police to investigate the Family Court's head mediator David Tassoni. Bedrosian's predecessor, Chief Judge Jeremiah Jeremiah, had made Tassoni a law clerk intern in 1997.

Though Tassoni had neither the college nor law school degrees he claimed, he rose quickly to a top administrative position at Family Court, reporting directly to Jeremiah. He seemed ubiquitous, moving from courtroom to courtroom, case to case.

In 2004, Tassoni told me he was working closely with Judge Bedrosian on the training manual for guardians ad litem, which promoted the Court's use of the so-called "parental alienation syndrome" (PAS)--a legal strategy by which abusers can control their families and often claim sole custody of their children. PAS has proven lucrative to lawyers and psychologists and deadly to victims of domestic violence.

David Tassoni told me he had found a psychologist who "understood parental alienation." He brought Lori Meyerson, PhD, from her cramped country office to Providence, where she moved into the Regency Plaza and became one of the Court's expensive favored clinicians to "reunite" children with parents they dreaded.

In her first case as a guardian ad litem, Meyerson testified for a father who bragged that he owned Family Court. He relished intimidating his ex-wife by sitting at the entrance to the courtroom in the chair he had autographed when he was deputy sheriff in that same room before his well publicized arrest for felony domestic violence in 2004.

Dr. Meyerson told the Court that the man's legal problems were settled and that he should win sole custody of his eleven-year-old daughter, who was terrified of him. Applying the PAS theory, Meyerson blamed the girl's mother for "alienating" the girl against her father.

Meyerson did not fulfill the basic requirements of the manual for guardians ad litem. She never visited the two parents' homes. She did not interview school officials or local police, who had visited Chief Judge Jeremiah to ask why seven judges had recused themselves instead of giving the deputy sheriff's ex-wife a restraining order.

Fortunately the Court knew the man better than Meyerson, and the girl stayed with her mother. But she grew up with constant anxiety that the Court's psychologist might give her to her father.

In 2006, the National Council of Juvenile and Family Court Judges (NCJFCJ) warned that the "parental alienation" argument does not meet evidentiary standards and should be stricken from custody evaluations. But it was already well established in Rhode Island.

(Click once to enlarge:)

The fact that Bedrosian quickly dislodged Tassoni when she became chief judge suggests that she might be on course to bring some of the transformation needed at Family Court.

In the past, I have criticized her for failing to protect victims of domestic violence. But she is using her authority to build awareness about trauma and hopefully will continue to confront the schemes that make even the best-intentioned judges subject to the cabals of court.

In 1992, I was facilitating a support group called Mothers on Trial that discovered the cabals by connecting the dots from one case to another. The same lawyers and psychologists kept appearing in their cases, pursuing similar strategies, and competing for the most bankable litigants.

The cabals have made Family Court a very dangerous place for families trying to escape violence or child sexual abuse.

[TO BE CONTINUED]

For more on "parental alienation," see my post, "Who is Norbara Octeau?" on February 14, 2012, at http://LittleHostages.blogspot.com

Chief Judge Haiganush Bedrosian is proving me wrong . . .

and I could not be happier.

In 2010 I testified against her becoming Chief Judge of Family Court. I feared that she was entrenched in a court culture that seems not to care about low-income litigants, that is especially catastrophic to battered mothers and traumatized children.

Frankly, I could not support any of the candidates for Chief, because the cases I had researched and watched unfold in their courtrooms suggested that none of them would confront the culture of cronyism and cabals that plagued the Family Court under Chief Judge Jeremiah S. Jeremiah, Jr.

I will write more about those concerns later at the Trophy Child blog, but now I want to focus on the important departure Chief Bedrosian undertook this week with her statewide training that participants praised as transformative to their understanding of traumatized children and likely to change the way they work.

The Chief Judge, who was a teacher before she became a lawyer and judge, intends to have more trainings. Over five hundred professionals, including Family Court judges, lawyers, staff from DCYF, the Department of Education, Juvenile Corrections, the Offices of Child Advocate and Attorney General, and many others stayed from start to finish through two days packed with substantive information.

The open way she structured this conference may finally dismantle the silos that have kept Rhode Island's agencies and decision-makers closed off from each other far too long.

The keynote presentations by James E. Greer, MD, and Robert B. Hagberg, LICSW from The Mind + Body Project focused on brain development in children who suffer abuse and neglect. Mr. Hagberg is deputy Director of the RI Division of Casey Family Services, and Dr. Greer is Medical Director of the Child and Family Unit at the Providence Center and a Clinical Assistant Professor of Psychiatry at Brown University Medical School. (Dr. Greer's perspective sounds entirely different from the Brown clinicians who serve as "hired guns" at Family Court. Mr. Hagberg, though a therapist himself, insists that words in a therapist's office are not as helpful as physical activity to relieve a hurting brain.)

Much of their message could also pertain to children traumatized, not only by parents, but--often far worse--by legal abuse and neglect after they have been caught up in the machinery of DCYF and Family Court.

A panel of former foster youth from the RI Foster Parents Association Youth Leadership Board spoke compellingly about their experiences and affirmed the need for more youth involvement in future trainings. Their motto could be the focus of an entire conference: "Nothing about us without us."

One teacher told me the training was full of A-ha! moments that helped her understand things going on in her classroom. The governor, a mayor, both U.S. senators brought words of strong affirmation.

Dr. Janice DeFrances, director of DCYF, was scheduled to speak on "Putting Children First" in the context of DCYF's educational initiatives, but could not attend due to a death in her family. But her leadership, alongside Chief Judge Bedrosian's, is key to the depth of content and the breadth of participation--judges alongside former foster youth, teachers and front-line staff.

Such a paradigm-shifting event signals new readiness to hold powerful decision-makers accountable to shared standards and to finally break through the cabals of court that have held sway too long.

That process will not be quick or easy, but it has finally begun.

Cost to Orange County, CA, of lying social workers: $10.6 Million

The total cost to Orange County of a case in which a jury found that two social workers lied to take away a woman’s daughters is $10.6 million, according to a new audit.

The U.S. Supreme Court last year declined to hear the county’s challenge to a 2007 jury award of $4.9 million to the Seal Beach woman, Deanna Fogarty-Hardwick. With interest on that amount plus her attorney fees, the total payout by the county was $9.6 million. In addition, the county incurred another $1 million of its own legal costs in the case.

Photo of Deanna Fogarty-Hardwick

For more on the County's response to this award, go to
http://taxdollars.ocregister.com/2012/01/19/cost-to-county-of-lying-social-workers-10-6-mln/146871/

Praising the Architects of Change

This week brought evidence that much-needed changes are coming to Rhode Island's system of child-protection. At the head of the table at yesterday's meeting of the General Assembly's Joint Task Force on the Education of Children and Youth in the Care of the Department of Children, Youth, and Families, DCYF Director Janice DeFrances, left, and Family Court Chief Judge Haiganush Bedrosian, center, sat with Representative Eileen Naughton, who co-chairs the Task Force with Senator Rhoda Perry. Task Force members heard responses to their draft report and recommendations to better serve the educational needs of children in state care.

The Draft Report is available online at www.rilin.state.ri.us/educationdcyf
Comments should be sent as soon as possible to Peter Asen, Senior Policy Analyst, pasen(at)rilin.state.ri.us

Chief Judge Bedrosian announced a conference January 26th and 27th on "Family Court, DCYF and Schools: Putting Children First" that will improve understanding and communications to assure educational continuity for children in state care. For information, call 401-458-5300.

On Tuesday, January 10th, DCYF Director DeFrances met with Richard Klarberg, President and CEO of the Council on Accreditation (COA), to prepare for an internal assessment of DCYF in preparation for undertaking COA's process of establishing professional standards of accreditation, as the General Assembly mandated in 2010.

Mr. Klarberg also met with Senator Bea Lanzi (above), lead sponsor of the legislation in the Senate, and with Representative Eileen Naughton (below, left), lead sponsor in the House, and Anne Grant, Coordinator of the Parenting Project, that initiated the legislation.

Rep. Naughton introduced Mr. Klarberg to Speaker of the House Gordon Fox.

In the hallway, Mr. Klarberg met Governor Lincoln Chafee and congratulated him on his appointment of Dr. DeFrances and her commitment to improve the state's protection of vulnerable children.

The bills mandating accreditation are available online:
http://www.rilin.state.ri.us/PublicLaws/law10/law10130.htm
http://www.rilin.state.ri.us/PublicLaws/law10/law10134.htm

Here is the link to the actual law:
http://www.rilin.state.ri.us/Statutes/TITLE42/42-72/42-72-5.3.HTM

While praising these leaders for their commitment to improving the state's protection of children, we want to acknowledge the hard work of our volunteer lobbyist, Phil West, (foreground, below), who has devoted himself to government reform in Rhode Island since 1988. We are grateful that after his retirement from Common Cause Rhode Island, he has helped us win this important legislation for children and for parents who are trying to protect them.

In 2006, angry neighbors invited us to their community meeting after the state's removal of "Molly" and "Sara" from their mother and lifelong home. We began investigating the case to learn what had happened and then searched for ways to bring urgently needed reforms to DCYF. We are grateful for the state leadership that is working for those changes. For the story of "Molly" and "Sara," paste this link in your browser:
http://littlehostages.blogspot.com

Rhode Island needs the Attorney General’s Child Abuse Unit

Congratulations to Rhode Island Attorney General Peter Kilmartin for creating a new Child Abuse Unit that will work with the accredited victims’ advocacy group Day One (“New unit to tackle cases of child abuse,” The Providence Journal, Dec. 6, 2011, page A1). This effort could finally protect children from sex abuse--unless it falls prey to the same pressures that too often sabotage the missions of Family Court, the Department of Children, Youth and Families (DCYF), and Hasbro Hospital’s Child Protection Program.

Pressures to impede the unit will be intense, because it is usually family members and friends, not strangers, who perpetrate child abuse. Pedophiles’ motives may not be sex so much as power and control over vulnerable victims. Add to that the enormous profitability of child pornography and the ease of webcam pimping.

But state officials charged with protecting children are so fragmented that they seldom bother to look beyond the boundaries of their individual roles to identify larger patterns of abuse. Each official is insulated from the benefits that a team of equals can bring by intentionally enlarging upon each other’s limited perspective.

In 1997, a Hasbro doctor and counselors at the St. Mary’s Shepherd Program all reported signs that a sister and brother suffered sexual abuse by their father. DCYF “indicated” the father, who sued the agency’s senior attorney for administrative failures. Suddenly under siege, DCYF pressured the Hasbro doctor to change her report.

She complied with a new report that minimized the evidence she once found compelling. By 2000, Family Court General Magistrate John O'Brien gave the children to their father's sole custody.

In 2002 the boy tried to run away. The following year, he had a breakdown. He tearfully testified to Judge Howard Lipsey about a laundry basket of videotapes in their father's bedroom.

Lipsey returned the children to their mother, but apparently never called state police to investigate the videotapes. He declared that he was now prejudiced against the father and could no longer rule on the case.

The next Family Court judge, Michael Forte released the father from paying child support because the children refused to visit him. The mother worked several jobs at minimum salary and raised her children in poverty.

From 1992 to 2006, more than a dozen judges grappled with the case under our failed system of adversarial litigation. In their final hearing, the father stood with photos in his hand and a smirk on his face, saying he wanted to show Judge Forte the stripper’s pole he had installed in his daughter's bedroom. Forte ignored him and ended the hearing.

Like Penn State officials, none of these authorities felt responsible to call in state police to investigate what really happened to these children. (State police exposed the fraudulent credentials of the court’s mediator who worked on this case, and the children’s guardian ad litem was later found to be defrauding the fund that paid him to represent poor litigants. Neither court official was prosecuted.)

Many Family Court custody cases are orchestrated by guardians ad litem--privately paid lawyers with enormous power over families. Judges assume these “guardians” submit objective reports, but many are blatantly biased, depending on which parent pays them and the guardians’ relationships to other professionals profiting from these cases.

Guardians often ask judges to order parents to pay for expensive psychological “evaluations” by one of a handful of clinicians still willing to produce highly questionable reports for Family Court.

Attorneys for alleged abusers often insist that children must stop seeing trusted counselors like those at Day One, arguing that therapy will interfere with clinical evaluations. This calculated strategy keeps children under the thrall of their abusers.

Meanwhile, judges order clinical “evaluations” and forced “reunification” sessions with abusers “in a therapeutic setting” that further traumatize abused children. Rhode Island Blue Cross and Blue Shield told me they do not pay clinicians for court-ordered sessions, since these are not therapeutic. But court-ordered clinicians have learned to couch their reports in therapeutic language and to bill insurers under nondescript codes. Victims of abuse can seldom afford to pay for these sessions, but children regularly pay the cost in night terrors and gastrointestinal disorders.

Based on more than two decades studying Family Court custody cases, I hope that the Attorney General’s Child Abuse Unit will finally bring clarity, ethics, and prosecution to our state’s stymied system of child protection.

Victims need this clarity and continuity of a single, salaried team trained to recognize family dynamics that accompany child sexual abuse. The team must thoroughly understand and care about a family’s history and be available to that family in the future to effectively provide both legal and therapeutic advocacy.

Team members should meet often to build mutual trust. They must disclose and evaluate any attempts by others, especially lawyers, to contact them, and they must preserve the confidentiality of agency whistleblowers and potential victims who might suffer reprisals for coming forward. Team members must recuse themselves from any case where they have conflicts of interest.

To this end, team members should regularly disclose, under penalty of perjury, all outside contacts and verify that they have received no payment or benefits other than salary for working on this case.

Finally, the Attorney General’s Office must move quickly to bring evidence of child sex abuse to the Grand Jury where it belongs, to alert Family Court and DCYF, and to assure prompt, skillful prosecution of abusers in Superior Court.


Anne Grant (parentingproject@cox.net) investigates legal abuse in Family Court custody cases. Her writing appears in blogs like http://LittleHostages.blogspot.com and in Domestic Violence, Abuse, and Child Custody: Legal Strategies and Policy Issues, ed. By Mo Therese Hannah, Ph.D., and Barry Goldstein, J.D (Civic Research Institute, 2010).

Do Family Courts Allow Sexual Abuse for Profit and Child Pornography?

Barbara Farris at The Ellis County Observer asks whether the widespread practice of courts giving children to fathers whom the children accused of sexually abusing them is part of a larger pay-off by child pornography producers. It's an important question to investigate.


Click on the title above or paste this in your browser:

http://www.elliscountyobserver.com/2011/12/04/barbara-farris-family-courts-allow-sexual-abuse-for-profit-in-porn-part-1/