Sunday, May 1, 2016
street news, views and stories of justice and injustice
Follow me on Twitter

Search WitnessLA:

Recent Posts

Categories

Archives

Meta

DCFS


Missed Deadlines and a Backlog of Searches for Family Leave LA Foster Kids in Painful Limbo

March 28th, 2016 by Celeste Fremon



Los Angeles County Department of Children and Family Services has been having a terrible time
finding enough good foster families. As a consequence, too many kids wind up in group homes, the modern replacement for orphanages, where—even under the best of circumstances—there is no one person whose job it is to be emotionally present for a child who has been through the trauma of neglect and/or abuse.

On the flip side of that coin, when a child is placed with caring foster parents who are willing to invest personally in parenting, should the blood parents or other family not be able to do so, it seems that the LA system has repeatedly left kids in a legal limbo longer than 12 months the law dictates is the maximum time a child should remain in temporary foster care before his or her case it taken up by the court.

Within that time, DCFS officials are supposed to provide support and guidance to the mother and/or father in the hope that the child can eventually be safely reunited with one or both parents. Meanwhile, the system is also required to do a speedy and thorough search to find out if there are other family members available to take the children temporarily or permanently. If not, and if the child cannot be safely returned to a parent, eventually foster families may able to apply for permanency if they so wish. In any case, the goal is a stable loving outcome for the young person as soon as is possible, with family being the preferable placement.

But it turns out LA’s DCFS is backlogged in its ability to search for family or extended family who are willing and able to care for kids who have entered the system—and children suffer as a result.

The problems resulting from not prioritizing the location of potential family caregivers right away is illustrated by the recent high profile story of a six-year-Santa Clarita girl, who is part Choctaw Indian, who—after four plus years in a foster care family— went last week to live with relatives in Utah, who are also raising the girl’s younger sister. (The story has other complications, including a multi-year legal battle, most of which experts think could likely have been avoided had the family caregiver option been found by DCFS at the beginning.)

The LA Times Garrett Therolf has a story that looks at the various sides of this issue of children in foster care limbo. Here’s a clip:

…The Times filed a public records request to determine how often Los Angeles County courts miss statutory deadlines in child welfare cases, but the presiding judge of Los Angeles County juvenile court, Michael Levanas, declined to provide the information, saying the release would improperly interfere in his personnel decisions and the assignment of judges.

He did not deny, however, that a backlog exists.

“The number of new petitions [to remove children from their parents] filed in dependency court have risen almost 25% from 21,557 in 2010 to 26,457 in 2014 while funding to the court has been drastically cut,” Levanas said. “Cases and the law have become far more complex in the last 10 years.”

Marcia Robinson Lowry, a veteran litigator who has filed class action lawsuits aimed at reforming foster care systems around the country, and who leads a nonprofit law firm called A Better Childhood, said the pressures faced by child welfare officials are no excuse for the delays experienced by children and families.

“L.A. County has big problems in its foster care system and a real lack of accountability,” she said. “There is no question that there has not been a great deal of attentiveness to the consequences for children, and I think it’s a violation of the law and constitutional principles.”

Citing the adage “justice delayed is justice denied,” Leslie Starr Heimov, who leads the court-appointed law firm for foster youth in Los Angeles County, said delays hurt everyone involved…

“Nobody saw it because there weren’t television cameras, but it was even more painful for the family that was waiting,” Heimov said.


MORE COMING ON PAUL TANAKA TRIAL LATER TODAY

So…stay tuned!

Posted in DCFS | 1 Comment »

DCFS’s $153 Tape Dispensers….and Are the Feds Doing the DA’s Job In Prosecuting Deputy Brutality in LA’s Jails?

December 28th, 2015 by Celeste Fremon


WitnessLA is still on a break,
but there are a couple of local stories, in this case both of them from the LA Times, that we don’t think you should miss, so we’re very briefly coming out of our holiday cave to let you know.


AUDIT SHOWS PERPLEXING OVERSPENDING BY LA COUNTY’S DCFS—BUT NOT ON FOSTER CHILDREN IN ITS CARE

This is not the first time this year that LA County’s Department of Children and Family Services has been criticized for sloppy fiscal management. For instance, last spring WitnessLA wrote about an Auditor-Controller’s report, which indicated that, in a four month period, $571,000 worth of MTA passes and/or tokens were never given out by LA county social workers to the foster kids who urgently needed them.

Now Garrett Therolf from the LA Times reports on the results of a more recent audit showing a pattern of overspending on various kinds of office equipment that seems to defy any rational explanation.

Here’s a clip from Therolf’s story:

The Department of Children and Family Services, which Los Angeles County auditors have criticized for poor fiscal oversight, now is facing questions about its spending practices — specifically its office equipment purchases.

Among the items acquired in recent months: $374 headsets and a $153 automatic tape dispenser.

Philip Browning, head of the department, said that he has made equipment and technology upgrades a priority following years of neglect. Outfitting case workers with iPhones, dictation technology and ergonomically sound furniture makes them more efficient, he said.

“It’s appropriate to keep employees safe and healthy,” he said. “We spend a huge amount of money on workers’ comp. We need to address that.”

According to department records, the DCFS paid $348,000 in fiscal 2014 for supplies and equipment. That amount more than doubled, to $709,000, in fiscal 2015. And in the first four months of the current fiscal year, the department spent $700,000-plus on the equipment — more than the similarly sized probation department did the last two full years.

A review of invoices by The Times showed that the DCFS bought the wireless office headsets when a comparable, wired alternative was available for $20 — a potential savings of more than $350 each.

Officials said that employees were not required to choose the most cost-effective products to meet their ergonomic needs. And if workers say they need an item to prevent injuries, department policy dictates that they probably will get it, even if the same product has been provided to the same worker before.

No doctor’s note is required, according to department policy.

The variety of products available is vast. One employee requested and received the $153 electric tape dispenser. Another, records show, asked for a $49 doze alert — a device that wakes up someone who has drifted off. Request approved.

There’s more, so read the rest.


IF THE FEDS MANAGED TO FIND AND PROSECUTE INSTANCES OF DEPUTY BRUTALITY IN LA COUNTY’S JAILS, WHY DID THE DISTRICT ATTORNEY AND THE LASD REPEATEDLY FAIL TO DO SO?

On November 30 of this year, federal Judge George H. King sentenced former Los Angeles County Sheriff’s deputies, Sussie Ayala, 30, and Fernando Luviano, 37, to six and seven years respectively in a federal prison.

The sentencing followed Ayala and Luviano’s conviction on June 24, 2015, along with their supervisor, former LASD sergeant Eric Gonzalez, of charges pertaining to the brutal beating of a handcuffed visitor to Men’s Central Jail, Gabriel Carrillo, along with a conspiracy to cover up the beating by falsifying official reports, thus causing Carrillo to be criminally charged as the aggressor, which could have resulted in a fourteen year prison sentence.

Yet, even after evidence suggested wrongdoing on the part of Carrillo’s accusers surfaced as Carrillo’s lawyer prepared his defense, neither sheriff’s department investigators or the DA’s office seemed to look past the accounts presented by the deputies involved.

Now most of those deputies are going to prison.

The LA Times’ Joel Rubin reports on the issue in a story titled: Feds did what the L.A. prosecutors didn’t do: bring deputies in jail visitor’s beating to justice

Here’s a clip:

But be sure to read the whole thing.

The Los Angeles County Sheriff’s Department already was engulfed in a jail brutality scandal when a prosecutor in the district attorney’s office examined the beating of Gabriel Carrillo.

During a visit to the county’s main jail in February 2011, Carrillo had been left badly bloodied and bruised by a group of deputies, who broke his nose and pepper sprayed him in the face. The deputies claimed Carrillo had attacked them; Carrillo denied that and insisted he had been handcuffed during the beating.

The county prosecutor rejected Carrillo’s account.

“There is no evidence to suggest that the deputies acted inappropriately,” the prosecutor wrote in a 2012 internal memo that rejected filing charges against the deputies.

It took an investigation by federal officials to prove the district attorney’s office wrong.

This year, prosecutors from the U.S. Attorney’s Office secured criminal convictions against five of the deputies, including two who admitted in court that they participated in an assault on Carrillo while he was handcuffed. Three have been given prison terms; two more are expected to be sentenced next month.

District attorney’s officials defend their office’s handling of the case, saying their review was hamstrung because Carrillo would not speak with investigators about the beating.

But Carrillo and his attorney accuse the office of discounting evidence of wrongdoing that proved key to the federal prosecution.

Advocates for inmates rights say the case shows that the district attorney’s office has not been aggressive enough at holding deputies accountable for abuses in county jails at a time when federal authorities and a blue-ribbon panel found evidence of persistent brutality.

“The D.A. is supposed to be a check on illegal behavior by law enforcement. In the jails, we have a very real example of its complete failure,” said Peter Eliasberg, legal director of the American Civil Liberties Union of Southern California, the court-ordered monitor in the jails.

Although accusations of abuse of inmates have dogged the Sheriff’s Department for years, prosecutions of deputies for excessive force in the jails have been rare.

Posted in DCFS, LASD | 10 Comments »

Does CA Have to Send So Many Foster Kids “Out-of-County?” by Daniel Heimpel

August 18th, 2015 by Celeste Fremon



EDITOR’S NOTE:
This story by Daniel Heimpel about a former foster child named Heather Matheson, is the first of a series of stories exploring the good and the harm done by a strategy called out-of-county placement that is used by the various county agencies in California’s foster care system. The story was co-produced by WitnessLA & the Chronicle of Social Change, of which Heimpel is the founder and executive director.


OUT OF COUNTY, CA: THE PROBLEMS WITH GOING THE DISTANCE

What is the cost/benefit ratio of putting foster children—who have already lost so much—into “out-of-county” placement?

by Daniel Heimpel


Heather, slight and precocious, made her Los Angeles County high school’s track team as a freshman.

It was a major feat, something to be proud of in the maelstrom of the 14 year-old’s life. Only months before, the county’s Department of Children and Family Services (DCFS) had removed Heather from her home after a harrowing week of physical abuse and domestic violence.

After 15 months in what had been a promising foster-care placement near Taft High School, set in a pleasant part of the San Fernando Valley, things had started to fall apart. The department decided to move her in with relatives in neighboring Ventura County.

The only problem, one that seemed deceptively small in the context of her painful family history, was that she now had to take three buses to get to school, the only real support system she had left.

“Looking back on it,” Heather says, “it was this short period of time, but it was really stressful. It was a stressful year of life. I could have been going to school dances and football games, but I didn’t because the buses don’t run that late.”

In 2009, when Heather was put into what is called an out-of-county placement, California’s feudal foster care system was larger than it is today, with roughly 70,000 kids in the state’s care who had been removed from their parent’s custody and then placed with foster parents, in group homes or with extended family.

Yet, what hasn’t changed in the eight years since Heather began her foster care odyssey is the fact that 1 in 5 California foster youth will find themselves taken away from the county where they lived and placed in another county. At present, a total of 12,626—or 20 percent of all California children and youth in a foster care placement—live in a different county than the one that they previously called home.

The reasons why foster children and youth are forced to cross county lines so often boils down to conflicting goals within the system, simple geography, and the push and pull of housing costs.

One way to understand the out-of-county issue is to look at the different types of placements to which children are sent. In April, the Center for Social Services Research (CSSR) at the University of California, Berkeley, drawing data from California’s 58 counties, reported that there were 62,915 children in foster care, a number that has been steadily rising since a low point of around 55,000 in 2011. The main placement types for children are with kin, in privately run foster family agencies (FFA), in county-run foster homes and, finally, in group homes, which generally get the older and harder-to-place youth.

Data pulled from CSSR’s California Child Welfare Indicators Project shows that in 2015, 21 percent of kin (such as extended family members), 24 percent of FFA, 5 percent of county foster care and a whopping 36 percent of group home placements were out-of-county.

When it comes to kin—-the preferable foster care placement according to many child welfare leaders-—the reason why 21 percent of kids cross county borders has a lot to do with simple geography. If you live in L.A. County, but your aunt and uncle live in Ventura County, as was true for Heather, you’ll be placed in Ventura County since, all things being equal, that’s a better solution than asking you to live with strangers in L.A.

For children in FFA placements, the movement is, in part, due to the fact that privately run foster family agencies often span more than one county, and some of those counties do a better job at recruiting foster parents than others. So if the agency can’t find a child a foster home out of their list in one county, they’ll bounce them to a neighboring county.

When it comes to group homes, the cost of doing business is cheaper in suburban and exurban areas than the city centers where many high-needs youth come from. In addition, political pressure to reduce reliance on group homes has been felt most by the urban counties where anti-group home sentiment has taken deepest root. This means that in counties like Alameda and San Francisco, some group homes have been shuttered. As a result, the only place to send the kids who need to be in these higher-level placements is out of county.

The implications for children’s lives can range from the good, where foster youth are placed with family members who welcome and care about them, to the bad, where contact and eventual reunification with biological parents becomes strained by distance, and access to critical mental health services, and other services that the child needs, is often delayed or degraded, if ever delivered.

Carroll Schroeder, executive director of the California Alliance for Children and Family Services, sympathizes with the limited choices court officers and caseworkers often have to work with when placing foster kids.

“They have to make these kinds of Solomonic decisions all the time, and they have to do it at 4:00 p.m. on a Friday,” Schroeder said.


IN COUNTY

Heather’s case fell into the part good, part bad category.

Her journey began on March 5, 2007. That was the day that DCFS took the 13 year-old from her parents.

The official status review report submitted six months later to the county’s juvenile dependency court described the details of the situation. On that day, “and on numerous prior occasions, the child Heather Matheson’s mother, [redacted], and father, [redacted], have engaged in violent altercations in the presence of the child including father chasing mother in his vehicle… Additionally, father got the child involved in the parent’s arguments by requiring the child to call the mother on father’s behalf.”

What the report neglects to describe is the run-up to her removal. A week before Heather’s father chased her mother in the car, Heather showed up to John A. Sutter Middle School in Winnetka with bruises on her arms, prompting her teacher, who was also her track coach, to report child abuse to DCFS. When a social worker showed up at her parents’ door to investigate, Heather says she was too scared to say anything in front of her father, whom she remembers as being “short fused.”

After the social workers left, Heather’s father flew into a rage. Her mother, who was planning to move to Idaho with a new man, was not at the house.

“He wanted her to come over,” Heather says.

The girl’s father had a gun in his hand, and told Heather to call her mother.

“When I made a big deal that I didn’t want to do that, he hit me with the gun,” Heather says.

The blow knocked the 90-lb. 13 year old unconscious. When Heather came to, she made the call.

“I said, ‘I am scared, Dad has a gun and I don’t want to be there,’” Heather recalls saying.

But she got no help from her mom.

“If you want to live with him, you have to learn how to deal with him. It’s not my problem,” Heather recalls her mother saying.

Heather’s father then forced her into the car, leaving the gun on the dashboard. As he drove wildly from street to street looking for his wife at every motel he could find, Heather remembers watching the gun slide back and forth in front of her.

When the DCFS investigator who had visited Heather’s home days before showed up at school the next day for a scheduled interview with Heather, the frightened girl told the social worker the whole story. After hearing her out, the investigator told Heather she would have to take her to an emergency shelter. At this point Heather’s teacher, who was also in the room, broke in.

“I don’t want her to end up with strangers,” Heather recalls the woman saying. “My husband and I can take her in.”

Despite the teacher’s initial good will, the placement would not last.

Read the rest of this entry »

Posted in DCFS, Foster Care | 1 Comment »

Brawl at LA Foster Care’s Controversial Youth Welcome Center is Caught on Video, Supervisor Wants Action

August 14th, 2015 by Celeste Fremon


A “TRAGEDY WATING TO HAPPEN?”

Staff members say that LA County’s Department of Children and Family Services’ last resort center for kids, known as the Youth Welcome Center, is spinning out of control.

WitnessLA has obtained the video posted above that was recorded this past Saturday, August 8, and shows three DCFS youth brawling with several of the center’s security guards, as the guards try to contain the kids. Staffers and others close to the center told us that the brawl that was caught on video is far from unusual, and that some kind of event of this nature occurs multiple times a week.

“it’s a tragedy waiting to happen,” said a Youth Welcome Center staff member who has worked with LA’s foster kids for decades.

According to DCFS spokesman Armand Montiel, while there have been other incidents, they were comparatively minor, and that this particular brawl was far more extreme than usual. But on Tuesday there was “a follow-up incident with the same youth,” said Montiel. The youth, who may have instigated the fight, has now been arrested.

The video triggered action by LA County Supervisor Hilda Solis, who issued a statement Friday afternoon directing the Department of Children and Family Services (DCFS) “to immediately implement key safety measures and protocols to ensure the safety and security of both the youth and personnel at the Welcome Center.”

The center is in Solis’ district and its problems have reportedly been on her radar for some time. But the alarming nature of the video reportedly caused the supervisor to decide that emergency action was called for—hence the statement.

“On the heels of a recent altercation between security guards and youth at the center,” Solis wrote, DCFS Director Philip Browning must “immediately help find alternative placement for the most at-risk minors, by providing the appropriate mental health services to address any issues with social-emotional behavior.”

ONCE A 23-HOUR HOLDING FACILITY NOW OFTEN A DROP-IN WAY-STATION FOR KIDS WITH NOWHERE TO GO

For those unfamiliar, the Youth Welcome Center and the Children’s Welcome Center are both emergency way stations that are the only LA County foster care facilities that turn no one away. The Children’s Welcome Center (CWC) opened in 2012 for DCFS children under 12, including infants. The Youth Welcome Center (YWC), opened in May 2014, and serves foster kids from 12 to 17, plus the “aged out” foster youth who, according to a law passed in 2010, AB 12, are eligible for various kinds of extended services that are supposed to help them get on their feet and enter adulthood successfully.

(Prior to AB 12, vulnerable foster care teenagers were abruptly asked to fend for themselves when they turned 18. The outcomes, statistically, were not good. AB 12 came into being with the intention of changing all that.)

The two centers, which are housed on the campus of Los Angeles County-USC Medical Center, were designed essentially as holding stations for children and teenagers who are harder to place. The idea is that the kids would stay in a safe, welcoming, well-staffed environment while social workers found foster homes, or group homes, or extended family care where the youth can live longer term.

However, many of the kids whom the YWC serves cannot be placed easily. Some suffer from mental illness or severe emotional vulnerabilities. Some are on psychotropic medication, which they may or may not be taking. Others are gay, lesbian, bisexual or transgender kids who’ve been subject to abuse or extreme bullying. Still others are kids who have been sex-trafficked. Most have been tossed out of string of foster homes and/or group homes.

None of the kids are supposed to be in the YWC for more than 23 hours. But over the weekend, the 23-hour rule is relaxed or waved. And, in many cases, the kids check out within the 23 hour time frame, then check back in the next night. When the revolving door kids return to YWC, they may be high, they may be stressed. Sometimes some of he youngerthe girls–according to staff—come back with unexplained cash, and tales of “dates,” with men that on of the older girls set up.

“The longer the Youth Welcome Center has been open,” said DCFS spokesman Armand Montiel, “the more it has become a destination for youth who,” for one reason or another, “are choosing not to stay in placement.” They look at the YWC as a “waystaytion, a respite” from all they’re dealing with.

And therein lies the rub say, staff. While the YWC provides an essential service to some of LA County’s most fragile youth, its present organization is a recipe for trouble. A staffer who asked not to be named said that to throw together in one small facility, kids of both genders, who range in age from 12-years-old to 21-years-old, many of whom have such formidable vulnerabilities, where they can essentially come and go with few restrictions… “It’s asking for trouble.” she said.

“We have one bathroom that is considered the youth bathroom, and one shower,” the staff member said. “Imagine. We have anywhere from sixteen to twenty-three kids.” The staff has a system for bathroom use and basic grooming. But showers are difficult, except when there’s a special need.”

DCFS is aware of the issues and is looking for a solution, said Montiel. The release of the video “just intensified the conversation. it’s a vivid example of how things can go wrong. We need to be better prepared with ways to keep our youth safe and our staff safe.”

More on the YWC soon.

Posted in Board of Supervisors, DCFS | 2 Comments »

LASD Civilian Oversight Report, Kids and Prop 47, and Still No Child Welfare Czar

July 24th, 2015 by Taylor Walker

LA SUPES TO CONSIDER WORKING GROUP’S FINAL RECOMMENDATIONS FOR CREATING CIVILIAN OVERSIGHT FOR LASD

The working group tasked with advising the LA County Board of Supervisors on the shape that civilian oversight for the LA County Sheriff’s Department should take is expected to present a final report to the Supes next Tuesday, on July 28th. The report includes five key recommendations for the composition and reach of the oversight commission.

Arguably the most important recommendation is that the commission should have the power to subpoena LASD documents. In order to make that subpoena power possible, however, there would have to be changes to state law.

The LASD’s Inspector General, Max Huntsman, who is also a member of the working group, has had his own trouble getting personnel documents from the department.

“I used to be an attack dog,” Huntsman said, back when the Supes voted to create civilian oversight. “Now I’ve been asked to be a watchdog. If you buy a watchdog, they are only worth it if they come into your house. If you keep them in the backyard, then the burglars can come in the front door. A watchdog can’t watch what they can’t enter and be a part of. So transparency means complete access…”

At a KPCC panel discussion on police transparency last week, LASD Undersheriff Neal Tyler said the department has been working cooperatively “for a year and a half…to deepen Max Huntsman’s…access to the department. And we’re poised to do that.” But, it’s complicated.

Other recommendations include having nine board-appointed commissioners-–one chosen by each of the five supervisors, and four voted on by all of the Supes. Members should also serve three-year terms, and should be diverse (different races, ages, etc.), according to the working group. And, the oversight commission should use the Inspector General’s staff to for monitoring and investigation purposes.

The working group is slated to present the report to the Supes in two weeks. (For backstory on the working group’s preliminary decisions and how they came to make these recommendations, go here.)

KPCC’s Frank Stoltze has more on the report. Here’s a clip:

Subpoena power has emerged as a critical issue for activists, who claim it’s necessary to have access to internal department documents. During 13 public meetings and nine town halls conducted by the working group, activists lobbied hard for subpoena power. Patrice Cullors of Dignity and Power Now called it “make or break” for successful oversight.

Sheriff’s representatives who sat on the group strongly opposed the idea.

They felt it was important the new commission begin its work in a “cordial and cooperative relationship,” and that Sheriff Jim McDonnell – elected last year – be given time to “effectuate reforms,” according to the report. None was immediately available for comment.

“Subpoena power would be available as a last resort,” said attorney Dean Hansell, who chaired the group. “It provides a club.” Hansell once served on the Los Angeles Police Commission.

Hansell acknowledged subpoena power would require voters to approve a change in the County Charter. The working group voted four to three to recommend supervisors place the question on the next ballot.

Inspector General Max Huntsman, who sat on the working group, supported giving the new oversight panel subpoena power, but said it may be overrated.

“A subpoena just gets you the right to get somebody to court to say ‘hey give me stuff’,” he said. The department – and the powerful labor union that represents deputies – can always argue that personnel and investigation records are not public.

Huntsman knows this challenge firsthand. The sheriff has denied Huntsman access to personnel records, which include a wide range of information about internal investigations. McDonnell has cited conflicting California laws and court rulings on access.


FOURTH DISTRICT COURT OF APPEALS SEZ JUVIE OFFENDERS BENEFIT FROM PROP 47 TOO

In a ruling on Thursday, a California appeals court said kids qualify, just like adults, for crime reclassifications—from felony to misdemeanor—that adults convicted of certain non-serious felonies receive under Proposition 47. (We at WLA applaud the court’s very sensible decision.)

The Associated Press has more on the ruling. Here’s a clip:

The court of appeal said the reclassification of offenses under Proposition 47 applies to juveniles because they are judged by the same criminal code as adults.

“Accordingly, when a criminal offense is reclassified from a felony to a misdemeanor in the adult context — as occurred under Proposition 47 — the reclassification likewise applies in juvenile wardship proceedings,” Associate Justice Judith Haller wrote for the court.

The ruling came in a San Diego County case involving a minor who acknowledged in 2013 that he had committed felony commercial burglary, according to the appeals court ruling.

The San Diego County district attorney’s office said it will review the court’s ruling and decide whether to appeal.

“We support a juvenile justice system that has a goal of rehabilitation focused on providing the care, treatment and guidance in the best interest of minors,” the office said in a statement.


FOR CANDIDATES AND TWO OF INTERVIEWS, AND STILL NO CHILD WELFARE CZAR

After two rounds of interviews with four candidates to act as child welfare czar, a position recommended by a blue ribbon commission convened to jumpstart much-needed reforms in the county’s child welfare system, the LA County Board of Supervisors has still not made up its mind as to who will lead the new Office of Child Protection.

The board was supposed to continue deliberating in a closed-door meeting Tuesday, but decided to put off the meeting for another two weeks.

Fesia Davenport, who has served as the interim child welfare czar, says she has been interviewed twice for the important role, and hopes the Supes make a final decision soon.

The Chronicle of Social Change’s Holden Slattery has more on the issue. Here’s a clip:

On Wednesday, during a break at a community meeting on data and analytics in child welfare at the University of Southern California, Fesia Davenport, interim director of the Office of Child Protection (OCP) confirmed that she has been interviewed and re-interviewed.

“I’m hoping that a decision will be made soon,” Davenport said.

Davenport, who previously served as chief deputy director of the county’s Department of Children and Family Services (DCFS), said she feels a greater ability to effect change at the OCP than she did at DCFS.

“Working for DCFS you see a lot of things that need to happen, that should be corrected or need to be changed, and it’s difficult to do that because you’re just focused on core mission and task,” Davenport said. “I really appreciate being in a position where I don’t have the constraints of DCFS. I can effect change with the team, in partnership with the other county departments and the community-based organizations.”

Wendy Garen, president and CEO of the Ralph Parsons Foundation, attended Wednesday’s community meeting, which was organized by the Office of Child Protection. Garen praised Davenport for her performance.

“We know that she’s engaged and willing to do the work that’s necessary, and really whatever’s asked of her,” Garen said. “That’s a tremendous asset to this community.”

Posted in ACLU, DCFS, Foster Care, juvenile justice, LA County Board of Supervisors | 6 Comments »

How Do You Rate the Risk of Kid in a Troubled Family of Being Abused? This Woman Has an App for That….& More

July 23rd, 2015 by Celeste Fremon


Ruby Guillen is a social worker who has worked for LA’s Department of Children and Family Services
since 1995, and she cares enormously about the wellbeing of the thousands of kids with whom she’s come in contact.

Part of this has to do with the fact that she grew up in foster care herself.

Ruby is one of the people who drives to a child’s home to check things out after someone has called the DCFS hotline to warn that a child is being abused or neglected.

Ruby is also a hacker, a super geek, a code ninja. Now it seems she’s put her two passions together in a manner that relates directly to the brave new world of big data, risk modeling and analytics that many in the field see as the necessary next step in protecting children, while others are not so convinced.

Holden Slattery of the Chronicle of Social Change has Ruby’s story.

Here’s a clip:

…Since she started this job in 1995, Guillen has assessed the safety of 6,000 children in their homes, she estimates. She’s also encountered and responded to domestic violence, homicides, drug trafficking and sex trafficking.

“Everything that has to do with child welfare—I’ve done it all,” Guillen said in an interview.

Like all of the other case workers at DCFS, Guillen uses her knowledge and experience, along with the agency’s risk assessment tools and protocols, to decide how to keep children safe and improve their wellbeing—one child at a time.

Unlike many of her colleagues, Guillen has a passion for computer science and technology that she channels into creating mobile applications for child safety and wellbeing. Her aim is to use technology to start helping all the county’s vulnerable children, all at once.

Since she started this job in 1995, Guillen has assessed the safety of 6,000 children in their homes, she estimates. She’s also encountered and responded to domestic violence, homicides, drug trafficking and sex trafficking.

“Everything that has to do with child welfare—I’ve done it all,” Guillen said in an interview.

Like all of the other case workers at DCFS, Guillen uses her knowledge and experience, along with the agency’s risk assessment tools and protocols, to decide how to keep children safe and improve their wellbeing—one child at a time.

Unlike many of her colleagues, Guillen has a passion for computer science and technology that she channels into creating mobile applications for child safety and wellbeing. Her aim is to use technology to start helping all the county’s vulnerable children, all at once.

Guillen fell in love with technology when she joined the U.S. Air Force in the 1980s. While working full-time for DCFS, she decided to get a degree in computer information systems, and after graduating in 2010, she kept taking online programming classes.

This year Guillen led a team of fellow techies to victory in two hackathons hosted by Los Angeles Mayor Eric Garcetti. Hackathons are events in which computer programmers and others involved in software and hardware development collaborate intensively on projects.

At her first hackathon, in February, Guillen’s team created an app to prevent and report child sex trafficking. At her second hackathon, in June, they created an anti-bullying app.

Guillen has another app that she created for foster care placement, and she is now finishing up her work on a fourth app for assessing risk of child abuse or neglect.

This past Wednesday, the county’s recently formed Office of Child Protection met to discuss the uses and implications of big data and kids.

More on all that soon.


MORE ON JUDGE KOZINSKY’S ONGOING CAMPAIGN TO START HOLDING PROSECUTORS RESPONSIBLE FOR THEIR ACTIONS

We wrote in Monday’s California Justice Report newsletter (to which, if you haven’t yet subscribed, you are woefully missing out) about Judge Alex Kozinski’s new article in the Georgetown Law Journal, on reforming the criminal justice system.

But now Eugene Volokh at the Washington Post has been selectively serializing Kozinski’s paper. (Volokh clerked for Kozinski a couple of decades ago.) In any case, we thought you’d be interested in this particular chapter of the serialization in which Judge Kozinski takes aim at his latest favorite target of choice: prosecutors.

Naturally, Judge K also has recommendations about what we ought to be doing about the situation-–namely do away with judicial elections and then do away with absolute prosecutorial immunity.

It’s well written and wonderful stuff.

Here’s a clip, but do read thing whole thing:

On March 8, 2015, A.M. “Marty” Stroud III, a Shreveport lawyer and former state prosecutor, published a remarkable piece in the Shreveport Times reflecting on the case of Glenn Ford, who spent 30 years on death row after being convicted of murder and sentenced to death in 1984. Ford was released after the state disclosed evidence proving his innocence. Stroud offered a public apology for his conduct in the case. It is well worth reading in full, but here is the gist of it:

At the time this case was tried there was evidence that would have cleared Glenn Ford. The easy and convenient argument is that the prosecutors did not know of such evidence, thus they were absolved of any responsibility for the wrongful conviction.

I can take no comfort in such an argument …. Had I been more inquisitive, perhaps the evidence would have come to light years ago …. My mindset was wrong and blinded me to my purpose of seeking justice, rather than obtaining a conviction of a person who I believed to be guilty. I did not hide evidence, I simply did not seriously consider that sufficient information may have been out there that could have led to a different conclusion. And that omission is on me.

I did not question the unfairness of Mr. Ford having appointed counsel who had never tried a criminal jury case much less a capital one. It never concerned me that the defense had insufficient funds to hire experts ….

The jury was all white, Mr. Ford was African-American. Potential African-American jurors were struck with little thought about potential discrimination …. I also participated in placing before the jury dubious testimony from a forensic pathologist that the shooter had to be left handed …. All too late, I learned that the testimony was pure junk science at its evil worst.

In 1984, I was 33 years old. I was arrogant, judgmental, narcissistic and very full of myself. I was not as interested in justice as I was in winning. To borrow a phrase from Al Pacino in the movie “And Justice for All,” “Winning became everything.”

What is remarkable about Stroud’s statement is not that he gained a conviction and death sentence for a man that turned out to be innocent. Or that that man spent three decades caged like an animal. That kind of thing is all too common.

Nor is there anything unusual about the confluence of errors that led to the wrongful conviction — failure to uncover exculpatory evidence, inexperienced defense lawyers, race-based jury selection, junk science, and a judge who passively watched the parade and sat on his thumbs. The same goes for a prosecutorial attitude of God-like omniscience and unwillingness to entertain the possibility that the wrong man is being prosecuted. These things happen all the time in case, after case, after case.

What is unusual — unique really — is Stroud’s willingness to accept personal responsibility for the calamity he helped inflict on Glenn Ford and his family — his willingness to embrace this as his personal failure, not just an unfortunate failure of the system. Most prosecutorial attitudes run the gamut from “that’s why they put erasers on pencils” to “they must be guilty of something.” Everyone else in the system, starting with trial judges, absolves himself of personal responsibility when a heinous failure occurs. We could do with a lot less of that.

In a sense, however, the system is responsible because it places a great deal of power and responsibility in young, ambitious lawyers, like Stroud, who have every incentive to close their eyes to the possibility of innocence, to testilying by police, to bogus experts and to suggestive eyewitness identification procedures.

So, sign up for the CJR Newsletter. Now!


WHAT YOU MAY NOT HAVE NOTICED IN THE SANDRA BLAND VIDEO

Eli Hager, writing for the Marshall Project, noticed something at the end of the Sandra Bland arrest video that he found interesting. So we’re passing it along to you.

Posted in DCFS, Prosecutors | No Comments »

LASD Heroes Find Baby Allegedly Kidnapped by Pimp

July 21st, 2015 by Taylor Walker

LA SHERIFF’S DEPT. MEMBERS FIND AMBER ALERT BABY THROUGH INTER-BUREAU COLLABORATION & A TRAUMA-INFORMED INVESTIGATION

At 6:30a.m., this past Saturday, LA County sheriff’s deputies from the Lancaster station responded to a call that a woman had been kidnapped, sexually assaulted, and tortured near Lake LA in the hi-desert. The 40-year-old victim reportedly ran naked between 1-3 miles, and begged for help from residents in the first house she found.

When the deputies arrived on the scene, they were told that the suspect, an alleged pimp later ID’ed as 34-year-old Brandon Wynn, had also abducted the woman’s 13-month-old daughter. The woman, in an effort to protect her pimp (a symptom of what is called “trauma bonding”), gave the deputies false information about the suspect’s identity and his vehicle, that the officers then used in an Amber Alert.

The Sheriff’s Major Crimes Bureau – Metro Detail received crucial help from the department’s Human Exploitation and Trafficking Unit and the Special Victims Bureau to identify and understand the brutalized victim’s reasons for covering for her pimp.

In a press conference on Monday, LASD Major Crimes Captain Merrill Ladenheim described trauma bonding as an abuser’s isolation and manipulation of a vulnerable victim in order to control them, usually under the pretext of love or companionship. “Those bonds lead us to see, today, the lengths to which a victim will go to to protect her abuser.” said Captain Ladenheim.

Despite the false information, a confidential informant responded to the Amber Alert with valuable tips that helped investigating officers identify Wynn.

At 2:50p.m., patrolling deputies spotted Wynn and his car in Palmdale. During his arrest, Wynn told the officers of a shed where he had left the baby girl.

And by 3:00p.m., Sergeants Steven Owen and Gregory Kelly, and Deputy Daniel Gore, who raced to the identified location, found and rescued the 13-month-old, who had been left alone, strapped into a carseat, and was crying in the empty shed.

The baby has since been released from the Antelope Valley hospital where she was receiving treatment for dehydration, and is now safe and in the custody of the county’s Department of Children and Family Services, and “in good spirits.”

LA County’s historic rainy weekend likely kept the baby alive, until officers found her. If the Antelope Valley had been experiencing its usual triple digit weather, the baby would have almost certainly died in a hot shed.

The mother, described in the LASD press conference as “truly a victim in every facet,” had been severely beaten and was transported to Palmdale Regional Hospital, and will receive wrap-around services for victims of sex-trafficking through the Human Exploitation and Trafficking Unit.

Wynn and a 16-year-old boy who was with him were arrested on attempted murder charges.

“This case really showcases the impact of human trafficking within Los Angeles County,” Ladenheim continued. “And it’s really important to realize that many of these victims are children.”

According to the US Department of Justice the average victim is first trafficked between ages 12 and 14.

Ladenheim stressed the importance of having a “collaborative, victim-centered approach…led by a dedicated multi-jurisdictional force” of law enforcement agencies, social services, and community and faith-based groups.

Posted in children and adolescents, DCFS, Rape, Trauma | 1 Comment »

Private Prison Medicine, Foster Care Benefits for Dual Status Kids, Presidential Pot Pardons, Sheriff Jim McDonnell on WWLA? …and More

July 16th, 2015 by Taylor Walker

WHEN FOR-PROFIT CORPORATIONS TAKE OVER PRISON HEALTH CARE INMATE MORTALITY RATES RISE

The private medical company, California Forensic Medical Group, is the largest prison health care provider in CA. And, not unlike the largest prison health care company in the nation, Corizon Correctional Health Care, CFMG continues to rake in money despite being mired in scandals and lawsuits alleging mistreatment, neglect, and short-staffing.

CFMG holds medical care contracts for 64 detention facilities in 27 of California’s 58 counties. Most of the counties are rural, like Imperial and Yolo, but CFMG is also responsible for thousands of inmates in counties like San Diego, Ventura, Santa Cruz, and it’s hometown, Monterey.

Around 200 inmates have died in the last decade under CFMG medical care, and more than 80 lawsuits have been filed against the company in the last 15 years, according to an investigation by FairWarning.

FairWarning’s Brian Joseph takes an in depth look at CMFG’s history (which is not unlike many other private prison companies), as well as the stories of inmates who died seemingly preventable deaths while under the care of CFMG. Here are some clips:

The outsourcing of medical care in jails and prisons reflects a nationwide push for privatizing government duties. The private sector, outsourcing advocates say, offers better services at a lower cost. But while other government services have outspoken constituencies, jails and prisons do not. Inmates usually have little clout to demand change if they believe they are receiving poor health care.

“Society doesn’t really care about prisoners,” said Neville Johnson, a Beverly Hills lawyer. Johnson sued CFMG and Yolo County, near Sacramento, over the August 2000 jailhouse suicide of Stephen Achen. A drug addict, Achen warned some jail staffers that he could become self-destructive but promised another that he wouldn’t hurt himself. “As we got into it, we were astonished at what we felt [was] the deliberate indifference of the jail staff and especially CFMG, which is nothing but a money-making machine,” Johnson said. CFMG settled with the Achen family for $825,000 after a judge found evidence of medical understaffing, according to media reports.

The private sector started providing health services to jails and prisons in the 1970s, when negligent medical care became a foremost prisoners’ rights issue. Inmates across the country filed lawsuits alleging inadequate care. Courts ruled that depriving prisoners of competent medical services was unconstitutional and in some cases ordered states and counties to take corrective action. Wardens and sheriffs, lacking backgrounds in medicine, turned to outside contractors for help.

[SNIP]

Ryan George, age 22, was serving time for domestic violence in 2007 when he experienced the onset of a sickle cell crisis, a painful, but treatable, condition where blood vessels become clogged by the misshapen cells. For days, Valerie says, Ryan called her from jail in obvious pain, complaining that he was being neglected.

Finally, when he was found “unresponsive” in his bed, Ryan was taken to the hospital, according to court records. But after a couple of days, of treatment, doctors there decided Ryan was exaggerating some of his symptoms and sent him back to jail. Shortly thereafter, Valerie said, a CFMG doctor called her, saying Ryan was getting worse. She says she demanded that the doctor take him to the hospital, but he said “that’s not a possibility.”

The company doctor acknowledged in court papers that he spoke with Valerie George, but disputed her version of what was said. CFMG executives also acknowledged that the company would have incurred more costs if Ryan was sent back to the hospital, but denied that financial concerns had anything to do with his death.

A few days later, Ryan George was found dead in his cell, with dark green fluid oozing from his mouth and eyes, according to the civil complaint. A subsequent Sonoma County Grand Jury investigation found that the “Sheriff’s (department) and CFMG medical staff failed to fully intervene” when Ryan’s condition worsened. “He was not re-hospitalized, despite exhibiting symptoms of jaundice, severe dehydration, bone pain, altered level of consciousness and loss of urinary and bowel control,” the grand jury found. Said Valerie George, whose family settled with CFMG: “They let him die like a dog in a cage because this company would not pay for him to get proper medical treatment.”

[SNIP]

“Why wasn’t an ambulance called?” a guard later recalled someone asking when he wheeled a pale Dau into El Centro Regional Medical Center at about 9:30 a.m. on July 23, 2011. A doctor rushed to her side and felt her neck. “She has no pulse!” the doctor yelled, according to a deposition given later by the physician. Hospital staff cut off her jumpsuit and attempted CPR, but it was no use: at 9:56 a.m. Dau was declared dead.

A subsequent autopsy by Imperial County Chief Forensic Pathologist Darryl Garber determined Dau died of heart disease with a contributing factor being acute drug intoxication from the multiple medications she was prescribed. Garber also discovered Dau had a bed sore on her lower back, suggesting that she had been unable to move for some time.

Later, according to the minutes from a meeting about Dau’s death, CFMG and jail staff decided that an ambulance should have been called and that Dau was “probably” going through Valium withdrawal.


CRUCIAL BILL TO CLOSE A LEGAL LOOPHOLE AND EXTEND BENEFITS TO “DUAL STATUS” FOSTER KIDS MOVES FORWARD

A CA bill to give foster kids involved in the juvenile justice system (often called “dual status” or “crossover” youth) extended foster care benefits was approved unanimously by the Assembly Judiciary Committee.

SB 12, authored by Senator Jim Beall (D-San Jose), would close a loophole in existing law, and ensure kids who turn 18 while in juvenile detention receive extended benefits like their non-justice-system-involved peers.

Sawsan Morrar has more on the bill and its progress for the Chronicle of Social Change. Here’s a clip:

DeAngelo Cortijo, an intern at the National Center for Youth Law, spoke at Tuesday’s hearing about his firsthand experience as a crossover youth. Cortijo was removed from his home when he was two after his mother attempted suicide. He was placed with family members, and at one point returned to his mother, before he was sent to foster care amid reports of abuse. Since then, he was in over four detention facilities, and ran away from group home placements several times.

“When I was released, I faced many challenges,” Cortijo said. “I now have to fend for myself as an adult. I had to find stable and clean housing. I didn’t have an income to support myself.”

Cortijo was left depending on others for the most basic needs like purchasing a toothbrush or borrowing socks.

“Do you know what that does to a person’s confidence? It completely destroys it,” he said.

With extended benefits in place, Cortijo would have received about $800 a month, just like other transition-age foster youth, to help pay for food, housing and school.

Jennifer Rodriguez, executive director of the Youth Law Center, said these probation youth in transition are exactly who extended foster care aims to support.

“We know that the rates of homelessness, unemployment and incarceration for young people who cross from dependency to delinquency are double to triple the rates for youth who are just in dependency or delinquency,” she said.

According to the Youth Law Center there are approximately 4,000 probation-supervised foster youth in California. There are over 50,000 foster youth in the state.


WHAT IF PRESIDENT OBAMA FOLLOWED IN THE FOOTSTEPS OF FDR AND WILSON AND USED HIS PARDON POWER ON MARIJUANA OFFENDERS?

On Monday, President Barack Obama announced that he had commuted the sentences of 46 non-violent drug offenders, bringing the total number of approved commutation petitions up to 89. While this is a good step in the right direction, there are 95,265 federal prisoners serving time for drug offenses.

The Atlantic’s Zach Hindin makes the case for presidential pardons for all marijuana offenders in federal prison. Former President George W. Bush commuted 11 sentences and pardoned 189 during his 8 years in office, and Bill Clinton commuted 61 sentences and pardoned 396. Our current president has granted just 64 pardons, thus far. (If you are fuzzy on the difference between the two, a pardon wipes a person’s criminal record and restores rights, a commutation shortens a person’s sentence, but does not offer a clean slate.) Obama’s latest move seems far less historically meaningful when compared to Woodrow Wilson and Franklin D. Roosevelt’s thousands of post-prohibition acts of clemency for alcohol offenses, says Hindin.

Here’s a clip:

…Compared with the last few administrations, commuting the sentences of 46 nonviolent drug offenders may seem historic. But history sets the bar higher still.

In May 1919, Woodrow Wilson was in Paris negotiating the Treaty of Versailles. It’s hard to think of a moment when any president had a better reason to shelve domestic affairs, but on Monday, May 12, Wilson telegraphed his secretary in Washington: “Please ask the Attorney General to advise me what action I can take with regard to removing the ban from the manufacture of drink.” A week later Wilson sent another cable, this time to Congress: “It seems to me entirely safe now to remove the ban upon the manufacture and sale of wines and beers.”

Congress declined, and instead introduced a bill to shore up the Eighteenth Amendment, known as the Volstead Act. Wilson vetoed the Act. Congress overrode his veto. With no legislative recourse, Wilson chipped away at Prohibition using the executive power that Congress could not check: his pardon. By the end of his second term, alcohol offenders accounted for more than one-fifth of Wilson’s clemency recipients.

Unlike Wilson, Franklin D. Roosevelt had been ambivalent about Prohibition. During his time in the New York State Senate, the powerful Anti-Saloon League had praised Roosevelt’s “perfect voting record.” Even after the repeal of Prohibition became central to his presidential platform, according to one biographer, “the story persisted that whatever Roosevelt might say, there was a voting record to prove he was ‘dry’ at heart.” But when Prohibition was repealed by popular demand in 1933, FDR went on a pardoning spree that outclassed his predecessors, approving alcohol offenders who had been previously rejected or otherwise hadn’t even applied.

Wilson used his pardon to protest an impossible law. Roosevelt used his to acknowledge the change in social norms.

The time when most Americans condoned alcohol consumption despite Prohibition rhymes with our own, when 53 percent of the country supports the legalization of marijuana, and pot laws have been curtailed in 23 states and the nation’s capital. And just as Prohibition offered a legal apparatus for racism, today, the racial imbalances in marijuana arrests and sentencing are so stark that many in this country consider them a proxy for racial control. In 49 states, blacks are more likely than whites to be arrested for marijuana—in the worst offending counties, by a factor of eight. The limit of this analogy is scale—together, Wilson and Roosevelt issued some 2,000 alcohol-related acts of clemency. In 2012 alone, almost 7,000 people were convicted in federal courts for marijuana offenses, according to the U.S. Sentencing Commission, more than for any other type of drug.


LA SHERIFF JIM MCDONNELL TALKS JAIL ABUSE AND MORE ON WHICH WAY, LA?

After 10 jail employees were relieved of duty this past weekend in connection with alleged jail abuse, LA County Sheriff Jim McDonnell appeared on KCRW’s Which Way, LA? with Warren Olney to discuss jail abuse, transparency, mental illness, and his hopes for the facility that will replace the crumbling Men’s Central Jail.

Take a listen.

In another segment, investigative reporter Jeffrey Sharlet talks about his in-depth GQ story about the March LAPD shooting of Charly Keunang, an unarmed homeless man in Skid Row, and the unreleased officer body cam videos he was able to watch of the incident.

AND WHILE WE’RE ON THE SUBJECT OF TROUBLING FOOTAGE OF OFFICER-INVOLVED SHOOTINGS…FAMILY OF UNARMED MAN KILLED BY GARDENA POLICE SEEK CIVIL RIGHTS INVESTIGATION

In 2013, three Gardena police officers fatally shot Ricardo Diaz Zeferino, an unarmed man they mistook for a robbery suspect. According to officers involved, Diaz Zeferino appeared to be reaching for a weapon. The city settled the resulting lawsuit to the tune of $4.7 million, but refused to release videos of the shooting, because of privacy concerns.

On Tuesday, federal Judge Stephen V. Wilson ordered the city of Gardena to release the videos. And at a press conference on Wednesday, an attorney representing Diaz Zeferino’s family called for a federal civil rights investigation into the shooting.

Here’s a clip from the KPCC update:

Mercardo said the videos allow the public to see for themselves what took place shortly after police stopped Diaz Zeferino and two others suspected of stealing a bike.

“The public can be the judge of what really happened that night,” she said, adding the family had been searching for justice, not money.

Diaz Zeferino’s brother, Augustine Reynoso, holding aloft a picture of the two of them embracing, said he wanted to bring the Gardena police department to account for the death of his brother.

“Money is not what’s important in life. Life is what’s important in life,” he said through Mercado, who translated his comments. “I want justice to be done. I want the Gardena Police Department to be investigated more deeply. That’s why I’m here.”

Posted in Crossover Youth, DCFS, Foster Care, jail, Jim McDonnell, juvenile justice, LAPD, LASD, Marijuana laws, medical care, Mental Illness, Obama, Sentencing, War on Drugs | No Comments »

President Obama – Pardons and Prisons….Feds Return Control of CA Prison Health Care at Folsom…Helping Out-of-County Foster Kids Retain Mental Health Care….and Solitary Confinement

July 14th, 2015 by Taylor Walker

OBAMA FOCUSES ON CRIMINAL JUSTICE REFORM AND THE U.S. AS “A NATION OF SECOND CHANCES,” COMMUTES 46 SENTENCES AND WILL VISIT A PRISON

On Monday, President Barack Obama, who has previously faced criticism for seldom granting clemency, announced that he had commuted the sentences of 46 non-violent drug offenders. This brings President Obama’s total number of approved clemency petitions up to 89. To put this in perspective, former President George W. Bush only commuted 11 sentences during his 8 years in office, and Bill Clinton granted clemency to 61 offenders. There are still nearly 8,000 pending clemency petitions.

In a letter, Obama tells those given a second chance, “…it is up to you to make the most of this opportunity. It will not be easy, and you will confront many who doubt people with criminal records can change…but remember you have the capacity to make good choices.”

Neil Eggleston, former Assistant U.S. Attorney and criminal defense attorney, has more on Obama’s new push for criminal justice reform. Here’s a clip:

…federal sentencing practices can, in too many instances, lead nonviolent drug offenders to spend decades, if not life, in prison. Now, don’t get me wrong, many people are justly punished for causing harm and perpetuating violence in our communities. But, in some cases, the punishment required by law far exceeded the offense.

These unduly harsh sentences are one of the reasons the President is committed to using all the tools at his disposal to remedy unfairness in our criminal justice system. Today, he is continuing this effort by granting clemency to 46 men and women, nearly all of whom would have already served their time and returned to society if they were convicted of the exact same crime today…

In taking this step, the President has now issued nearly 90 commutations, the vast majority of them to non-violent offenders sentenced for drug crimes under outdated sentencing rules.

Obama will also become the first sitting president to visit a federal prison when he tours the El Reno prison in Oklahoma next week as part of a VICE special documentary for HBO on mass incarceration. The president, along with VICE founder Shane Smith, will tour the grounds and speak with prison staff, prisoners, and law enforcement officials. Here’s a clip from VICE’s announcement:

Located in central Oklahoma, El Reno is a medium-security facility that houses 1,300 inmates convicted of violating federal law. It was home to Jason Hernandez, a prisoner convicted on drug charges who had his life sentence commuted by Obama in 2013.

The interviews will be part of a documentary looking at the pervasive impacts of America’s approach to crime and imprisonment. The special is the latest in VICE’s ongoing coverage of what has become a major civil rights and reform agenda in the United States.

“There’s an emerging consensus in this country — on both the right and the left — that the way we treat criminal offenders is utterly broken and weakening our society in profound ways,” Smith said. “Visiting El Reno with President Obama — the first-ever visit to a federal prison by a sitting president — will give our viewers a firsthand look into how the president is thinking about this problem, from the policy level down to one on one conversations with the men and women living this reality. It’s going to be fascinating.”

The President says he will also be discussing bipartisan-backed ideas for criminal justice reform in Philadelphia on Thursday. Stay tuned.


CA REGAINS CONTROL OF HEALTH CARE FROM FEDS AT FOLSOM STATE PRISON

After nearly a decade of federal oversight of healthcare in California’s prison system, the state will regain control in Folsom State Prison—the first from the federal receiver overseeing healthcare in California’s prisons, Clark Kelso. Folsom is the first prison to be returned to state control.

Kelso says much progress has been made in Folsom and in other prisons, but U.S. District Court Judge Thelton Henderson says federal oversight will only end after the state has had control of health care in all of its prisons for a full year.

The Associated Press’ Don Thompson has more on the issue. Here’s a clip:

“We’re pleased and ready to start taking back control of medical care,” corrections Secretary Jeffrey Beard said in a statement. “We know that other CDCR prisons are ready to step up in the months ahead and we will continue collaborating with the Receiver’s Office to ensure inmates at all of our facilities receive appropriate health care.”

Don Specter, director of the Berkeley-based Prison Law Office that represents inmates in the lawsuit, said it’s good that care has improved at Folsom, but attorneys will continue monitoring.

“One of the things I’m most concerned about is whether the state has reformed its processes so that all the improvements that the receiver has made over the last 10 or so years are sustained,” Specter said.

Kelso reported in March that conditions statewide have substantially improved, though some prisons are doing better than others and more work remains to be done statewide.

Under the judge’s rules, Kelso could retake control of a transferred prison if conditions decline, but the goal is for the receiver to eventually monitor rather than run the health care system.


FOSTER KIDS MOVED AWAY FROM THEIR HOME COUNTIES SUFFER LONG DELAYS FOR MENTAL HEALTH CARE

When foster kids are transferred out of their home counties, they face months-long interruptions in much-needed mental health services. The problem is that, under current law, instead of following the kids, the responsibility (and funding) to provide mental health treatment remains with their home county.

A California bill, which would ensure foster kids transferred outside of their home counties receive continued mental health services in their new counties, will be heard California Senate Health Services Committee today (Tuesday), after passing out of the Assembly.

The bill, authored by CA Assemblyman Sebastian Ridley-Thomas (D), aims to fix a serious lack of collaboration between departments serving foster kids between counties.

In LA County, 17% of foster kids are in out-of-county and out-of-state placements, in comparison to Alameda and San Francisco—59% and 60% respectively.

The Chronicle of Social Change’s Jeremy Loudenback has more on the bill. Here’s a clip:

AB 1299, which was introduced by State Assemblyman Sebastian Ridley-Thomas (D), would require the California Department of Health Care Services (DHCS) to create clear policies to guide the transfer of responsibility for mental health services to a child’s county of residence. The bill would also compel the Department of Finance to establish a system to ensure that counties are fully reimbursed for providing mental health services, during the fiscal year when the services are delivered, by May of 2016.

All California foster youth are eligible for Medi-Cal, the state’s public health insurance program. But under current law, when a foster youth moves to a different county, responsibility for providing mental health services—and any related funding—remains with the county of origin and its network of service providers

As a result, nearly 12,000 out-of-county foster youth—or about one in five of all youth in the state’s child welfare system—are routinely left in limbo, waiting for mental health services that often take months to begin.

A 2011 report from the state’s Child Welfare Council, which is responsible for improving collaboration among child-serving agencies, revealed disparities between children in and out of county who were receiving mental health services. An examination of the data for all 58 counties in California showed that out-of-county youth received fewer average days of mental health outpatient or day services when compared to children with in-county placements (2.3 days versus 2.9).

“Part of the issue is that the counties have been in control of the money up until this point, and the money has not been flowing as it needs to when these kids are moving from one county to another,” said Khaim Morton, chief of staff for Ridley-Thomas. “We want to get to the point where we can collaborate and reach a compromise that will enable more of the money to reach these kids and more swiftly.”

California may once again find itself back in court as part of a class-action lawsuit if there isn’t an agreement soon, according to mental health advocate Patrick Gardner, founder of Young Minds Advocacy Project.

“If there isn’t a solution by the end of the year, either through negotiations under the auspices of the Child Welfare Council or through the work being done in the legislature, a judge is going to have to step in to fix this, because letting this continue is completely unacceptable,” said Gardner.


CA TURNING AWAY FROM SOLITARY CONFINEMENT…SLOWLY

In 2011, California prisoners went on the first of three major hunger strikes over prison conditions and excessive and punitive use of solitary confinement.

Real efforts toward curbing solitary in state prisons began in late 2012. Prison officials reviewed the cases of prisoners in solitary, and released a modest number of long-isolated inmates back into the general population.

But the process has been slow and hard-fought.

In June, six San Quentin death row inmates held in “extreme isolation” filed a lawsuit against Gov. Jerry Brown, CDCR Secretary Jeffrey Beard and San Quentin Prison Warden Ronald Davis alleging cruel and unusual punishment.

The LA Times’ Paige St. John has more on California’s efforts toward limiting the use of solitary confinement. Here’s how it opens:

Even as it prepares for a courtroom showdown over the use of prolonged solitary confinement to keep order in its prisons, California has adopted emergency rules to dial down such isolation.

Inmates may no longer be put in isolation for refusing a cell assignment, for example, one of several prison infractions for which solitary confinement punishment has been reduced or dropped. And those being disciplined with segregation can cut that punishment in half with good behavior.

“This is part of an ongoing evolution in how we manage inmates in segregation,” said Terry Thornton, a spokeswoman for the corrections department. “There will be more changes.”

The new rules went into effect last month, ahead of public hearings scheduled for August. They come atop other changes that have cut the count of California prisoners held in near-constant lockdown from more than 9,800 in early 2014 to just under 8,700 last month.

The revisions also have been made amid an escalating debate over solitary confinement in U.S. prisons, of which California has the largest share.

Advocates for inmates are preparing to release research by a prominent corrections psychiatrist describing a malady he calls “SHU Post-Release Syndrome,” a reference to the Security Housing Unit, California’s name for long-term solitary confinement.

The study documents some of the same psychiatric effects raised last month by U.S. Supreme Court Justice Anthony Kennedy in an unusual opinion in a California death penalty case. He essentially invited a constitutional challenge to long-term isolation and the “terrible price” it extracts.

Posted in CDCR, DCFS, Foster Care, mental health, Obama, prison, Sentencing, solitary, The Feds | No Comments »

Finding the Child Welfare Czar….”Overcorrected, Overdirected, and Overpunished” Kids…Dylan Roof and CA Prison Segregation…and More

July 9th, 2015 by Taylor Walker

LA COUNTY SUPERVISORS MAY NAME A CHILD WELFARE CZAR TODAY

The LA County Board of Supervisors held a closed-door meeting Tuesday to interview two candidates to lead the Office of Child Protection, an entity recommended by a Blue Ribbon Commission on Child Protection convened to jumpstart much-needed reform efforts in the county child welfare system.

The Supes are slated to interview two more candidates today (Thursday), and could possibly issue their final decision today, as well.

Fesia Davenport, who has served as the interim child welfare czar, is reportedly among those being considered for the position.

Holden Slattery has more on the issue in a story for the Chronicle of Social Change. Here’s a clip:

Fesia Davenport, who the board appointed as interim director of the office in February, is a candidate for the position, according to Wendy Garen, president and CEO of the Ralph Parsons Foundation, which was one of 17 foundations to endorse the BRC recommendations in a letter to the Board of Supervisors.

“It’s been a robust process. There are outside candidates,” Garen said. “I do believe that Fesia [Davenport] is a candidate and that her performance to date has been remarkable.”

Garen said she has no knowledge about the other candidates and, due to that, she does not know whether Davenport is the best candidate for the job.

The creation of an Office of Child Protection was the most prominent recommendation to emerge from the Los Angeles County Blue Ribbon on Child Protection’s (BRC) December 2013 interim recommendations and again in its final report in April.

“I hope that the OCP director who the board ultimately hires is a person that is imbued with many of the traits that the child protection commission envisioned initially,” Leslie Gilbert-Lurie, co-chair of the transition team tasked with implementing the BRC recommendations, said in a phone interview Tuesday. “A strong leader with experience in child welfare who is collaborative and imaginative, and not afraid to stand up to the existing institutions.”


TO CHANGE “CHALLENGING” KIDS’ BEHAVIOR – DONT: PUNISH AND REWARD; DO: HELP KIDS UNDERSTAND AND LEARN FROM THEIR ACTIONS

Katherine Reynolds Lewis has an excellent longread for the July/August issue of Mother Jones Magazine about psychologist Ross Greene’s game-changing discipline methods of teaching kids problem-solving skills instead of employing the now largely discredited punishment-reward system developed by B.F. Skinner in the mid-20th century.

The idea is that, punishing children who are acting out, and who are often called “challenging,” only exacerbates kids’ underlying problems and helps to push them through the school-to-prison pipeline. Kids brains have not developed enough to have control over their behavior and emotions, so punishing them, instead of helping them understand the “why” behind their behavior, is extremely counterproductive, according to Greene’s theory.

Here are some clips:

…consequences have consequences. Contemporary psychological studies suggest that, far from resolving children’s behavior problems, these standard disciplinary methods often exacerbate them. They sacrifice long-term goals (student behavior improving for good) for short-term gain—momentary peace in the classroom.

University of Rochester psychologist Ed Deci, for example, found that teachers who aim to control students’ behavior—rather than helping them control it themselves—undermine the very elements that are essential for motivation: autonomy, a sense of competence, and a capacity to relate to others. This, in turn, means they have a harder time learning self-control, an essential skill for long-term success. Stanford University’s Carol Dweck, a developmental and social psychologist, has demonstrated that even rewards—gold stars and the like—can erode children’s motivation and performance by shifting the focus to what the teacher thinks, rather than the intrinsic rewards of learning.

In a 2011 study that tracked nearly 1 million schoolchildren over six years, researchers at Texas A&M University found that kids suspended or expelled for minor offenses—from small-time scuffles to using phones or making out—were three times as likely as their peers to have contact with the juvenile justice system within a year of the punishment. (Black kids were 31 percent more likely than white or Latino kids to be punished for similar rule violations.) Kids with diagnosed behavior problems such as oppositional defiant disorder (ODD), attention-deficit/hyperactivity disorder (ADHD), and reactive attachment disorder—in which very young children, often as a result of trauma, are unable to relate appropriately to others—were the most likely to be disciplined.

Which begs the question: Does it make sense to impose the harshest treatments on the most challenging kids? And are we treating chronically misbehaving children as though they don’t want to behave, when in many cases they simply can’t?

That might sound like the kind of question your mom dismissed as making excuses. But it’s actually at the core of some remarkable research that is starting to revolutionize discipline from juvenile jails to elementary schools. Psychologist Ross Greene, who has taught at Harvard and Virginia Tech, has developed a near cult following among parents and educators who deal with challenging children. What Richard Ferber’s sleep-training method meant to parents desperate for an easy bedtime, Greene’s disciplinary method has been for parents of kids with behavior problems, who often pass around copies of his books, The Explosive Child and Lost at School, as though they were holy writ.

His model was honed in children’s psychiatric clinics and battle-tested in state juvenile facilities, and in 2006 it formally made its way into a smattering of public and private schools. The results thus far have been dramatic, with schools reporting drops as great as 80 percent in disciplinary referrals, suspensions, and incidents of peer aggression. “We know if we keep doing what isn’t working for those kids, we lose them,” Greene told me. “Eventually there’s this whole population of kids we refer to as overcorrected, overdirected, and overpunished. Anyone who works with kids who are behaviorally challenging knows these kids: They’ve habituated to punishment.”

Under Greene’s philosophy, you’d no more punish a child for yelling out in class or jumping out of his seat repeatedly than you would if he bombed a spelling test. You’d talk with the kid to figure out the reasons for the outburst (was he worried he would forget what he wanted to say?), then brainstorm alternative strategies for the next time he felt that way. The goal is to get to the root of the problem, not to discipline a kid for the way his brain is wired.

“This approach really captures a couple of the main themes that are appearing in the literature with increasing frequency,” says Russell Skiba, a psychology professor and director of the Equity Project at Indiana University. He explains that focusing on problem solving instead of punishment is now seen as key to successful discipline.

If Greene’s approach is correct, then the educators who continue to argue over the appropriate balance of incentives and consequences may be debating the wrong thing entirely. After all, what good does it do to punish a child who literally hasn’t yet acquired the brain functions required to control his behavior?

Schools and juvenile detention centers are starting to pick up Greene’s methods and are experiencing complete behavior turnarounds:

In 2004, a psychologist from Long Creek Youth Development Center, a correctional center in South Portland, Maine, attended one of Greene’s workshops in Portland and got his bosses to let him try CPS. Rodney Bouffard, then superintendent at the facility, remembers that some guards resisted at first, complaining about “that G-D-hugs-and-kisses approach.” It wasn’t hard to see why: Instead of restraining and isolating a kid who, say, flipped over a desk, staffers were now expected to talk with him about his frustrations. The staff began to ignore curses dropped in a classroom and would speak to the kid later, in private, so as not to challenge him in front of his peers.

But remarkably, the relationships changed. Kids began to see the staff as their allies, and the staff no longer felt like their adversaries. The violent outbursts waned. There were fewer disciplinary write-ups and fewer injuries to kids or staff. And once they got out, the kids were far better at not getting locked up again: Long Creek’s one-year recidivism rate plummeted from 75 percent in 1999 to 33 percent in 2012. “The senior staff that resisted us the most,” Bouffard told me, “would come back to me and say, ‘I wish we had done this sooner. I don’t have the bruises, my muscles aren’t strained from wrestling, and I really feel I accomplished something.’”

Read on…


PERSISTING WHITE SUPREMACY IN CA STATE PRISONS…AND DYLAN ROOF

In an essay for the Marshall Project, James Kilgore, who spent the majority of a six-and-a-half year prison term in California facilities, considers how Charleston church shooter Dylan Roof might be received at a CA prison where inmates have been racially segregated for decades.

Kilgore calls for national dialogue on white supremacy in prisons and urges lawmakers and corrections officials to put an end to their “complicity in reproducing hatred and division” through racially segregated detention facilities.

Here’s a clip:

He would certainly find instant camaraderie with the Peckerwoods, the Skinheads, the Dirty White Boys, the Nazi Low Riders. His admirers, men with handles like Bullet, Beast, Pitbull, and Ghost, would vow to live up to Roof’s example, either by wreaking havoc when they hit the streets or maybe even the very next day in the yard.

Roof’s newfound fan club would be ready to provide him with prison perks — extra Top Ramen, jars of coffee, a bar of Irish Spring. The guards, many with their own Roofish sympathies, would cut him some slack — an extra roll of toilet paper here, a few illicit minutes on the telephone there. If Roof were so inclined, the guards might turn a blind eye to his indulgence in illegal substances, from tobacco to papers of heroin to the carceral Mad Dog 20/20 known as “pruno.”

If Roof played by the convict code, he might quickly rise in the ranks of the white-power structure in the prison yard. Maybe after a few years, he would earn the status of “shot caller,” the highest rank within the racial groups. Then he could order hits on young white boys who defiled the race by playing a game of chess with a black man or offering a Latino a sip of his soda. Like all his white comrades, Roof would use the white showers, the white phones, the white pull-up bars. The yard might spark visions of a segregated utopia for Dylann, a wonderland where everyone was in their right place — separate and unequal.

But white supremacists in prison also live in a world of racial enemies. Fueled by paranoia and buttressed by complicit guards and administrators, Roof would be the target of personalized vengeance attacks. Just like on the streets, he would be constantly looking over his shoulder to fend off real and imagined enemies. In particular, he would realize that in a prison yard, there are plenty of black lifers who have nothing to lose and the muscle power to break him in half, like a dry stick. A warrior who took down Roof would get a hero’s welcome in the torturous isolation blocks at Pelican Bay or Corcoran. All this tension would no doubt make Roof a little uneasy, perhaps force him to remain “suited and booted,” armed with a razor blade in his mouth or a sharpened shank up his rectum.

But even with danger all around him, Roof might find solace in the fact that the prison authorities would not assign any whites and blacks to share a cell and would enable the segregation of day rooms and exercise spaces. This would be a refreshing change of pace for Roof.


WHY WAS POMONA TEEN ACCUSED OF ROBBERY FOUND BLUDGEONED TO DEATH IN HIS CELL, FAMILY ASKS

The parents of a 19-year-old robbery suspect, Rashad Davis, fatally beaten in his jail cell in May, want answers from the San Bernardino Sheriff’s Department about why their son was assigned to a cell shared by a mentally unstable cellmate accused of beating a man to death with a baseball bat.

The SB Sheriff’s Dept. has not indicated whether or not Davis was housed with 22-year-old Jeremiah Ajani Bell due to a breakdown in screening protocol, but the department has recently been the subject of several scandals and investigations, including alleged excessive use of force and inadequate mental health treatment for inmates.

The LA Times’ Paloma Esquivel has the story. Here’s a clip:

Posted in CDCR, DCFS, Foster Care, LA County Board of Supervisors, Mental Illness, race, School to Prison Pipeline, Trauma, Zero Tolerance and School Discipline | No Comments »

« Previous Entries