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Last month Jeanette Maples died after suffering years of abuse. Her mother and stepfather have been charged with aggravated murder and could face the death penalty if found guilty. Her death has left many people asking what could have been done to save her. What responsibility did friends and family have to report the abuse when it was suspected? What responsibility did the Department of Human Services have to act on complaints? What went wrong in this case that can change how abuse is dealt with in the future? What is our shared responsibility when abuse is suspected?
Have you ever reported someone you've suspected of abuse? What happened? Have you ever been saved from a bad situation because someone took it upon themself to help you?
GUESTS:
- Abbie Stillie: lived across the street from Jeanette Maples
- David Paul: attorney with the Law Office of David Paul
- Pamela Butler: policy and outreach associate for Children First for Oregon
Tagged as: abuse · child welfare · children · crime
Photo credit: Slambo 42 / Creative Commons
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Our society is in many ways more hyper-alert then ever before---everyone is a detective, everyone is waiting for an expose, to uncover a conspiracy, to catch a pedophile on TV red-handed. Chicken? Egg? Won't it always be easier to solve a crime after it actually happens, or stop a crime while it is in progress, then to prevent it. Prevention and forecasting are an uphill battle. They will always be so.
What we talk about when we talk about prevention, especially with abuse, isn't prevention exactly, but really a detection, a kind of profiling, a security service to catch small things that are already going down. The vigilance of detection can easily become an obsession. The more surveillance we install the more staff we need to watch the monitors. Like the internet and our access to ever more information, it can be harder to decipher and filter the reliable. If we all pay attention we might see a signal, a hand waving before the drowning. But we are already too late, we are looking to nab and punish the individual who has already become the criminal---we act like we are spotting defective widgets on the assembly line, but this is quality control, rather then quality creation. By the time our 'control' kicks in, too often, the damage has already been done.
We also need to invest in a real prevention from the other end. In a system that looks out for the potential abuser, as well as the victim. We need a system that encourages not just the victims to come forward, but also the potential perpetrators. We have made great strides in encouraging the abused to talk about the abuse, and we also have to encourage and provide help for the sick or likely abusers---because that is where much of the capacity for prevention exists. Many abusers, were once victims themselves. And, stopping the cycle isn't just about locating the victims and separating them from the abuser---it is also about: healing the victims. If we don't do this, then the cycle is only on 'pause.'
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I have had the misfortune to make many mandatory reports on youth that I work with. My experience with DHS correspondents is always the same: there is not enough information to warrant an in-depth investigation, and the "information will be put on the child's record." I have several deep problems with this situation: first, the legal requirements for information that warrants reporting is intentionally vague: a bruise in an odd place, hoarding food, or distress at going home are all grounds for suspected abuse, but in and of themselves prove nothing. The mandatory reporter is then left with the difficult choice of asking the child for more information and risking re-trauma or distress, or reporting with vague information, both of which have negative consequences. Second, the reporting itself is often traumatic for a child, because they often feel that they have compromised their family. Third, this system is set up to connect abuse with the child, not the perpetrator. Thus, if a child is abused by a step-parent, there is no way to protect any other children that have relationships with that adult, unless the child mentions them by name. It is also extremely difficult to connect multiple instances of abuse with different children to one adult. This system seems to punish the child, rather than the perpetrator.
While I am deeply dissatisfied with the child protection system, I also know that it is not helpful to point fingers solely at the people working within it. They do work with an extremely stressful population, are overworked, underfunded, and must, for their own survival, adopt some level of callousness. I personally feel that this is one situation where the "village" must step in: family members must become more involved, neighbors must make an effort to know their neighbors, and above all, good, kind, well-rounded adults must consider becoming foster parents. If indeed a child makes it through the 7-10 reports it requires to get a home visit by DHS and are put in foster care, their well-being deeply depends on the quality of care they will receive there. If you are listening to this show, I highly encourage you to give the ultimate gift and become a foster parent.
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It was reported in the Oregonian that Jeanette Maples Step-Grandmother, parents of friends and school faculty all contacted the Department of Human Services, and yet none of those reports were acted upon. One parent was turned away because "second hand accounts were not sufficiently serious to send social workers out."
Are second hand accounts serious enough now?! Multiple reports were made and STILL the DHS went out of its way not to do its job! How many more children have to die before someone finally realizes that the people at the DHS are NOT doing their jobs and should be replaced by people that can?
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About 5 years ago I was assisting at a day camp. There was a 9 or 10 year old girl who was acting out in a highly sexualized manner. As a Pastor I'm a mandatory reporter.
We discussed the behavior in staff and decided to call protective services. I told the case worker the age of the child and the behavior and my suspicions.
She said, "Have you told her parents?"
There was a moment of stunned silence on my part.
"What if her parents are the abusers?" I asked.
I was told the agency could do nothing until the parents were notified.
FORTUNATELY the parents were NOT the abusers. (She had been abused.) They were responsible and the outcome was positive.
But I still cannot believe that the case worker was correct; not after all of the stories of parental abuse.
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Several years ago, in a department store, I saw a woman repeatedly slapping her four-year-old daughter. The little girl was trapped in a shopping cart, her offense was that she "kept crying." I asked the woman to stop, she screamed at me, I got the manager. Though he was young, he handled it amazingly well, telling her the store would not tolerate her behavior. In the meamtime, I called 911, telling them what was happening. I was told that the woman was not committing a crime.
If that woman had been hitting me, it would have been a crime. If she had hit the manager, it would have been a crime. How can it be legal to hit a defenseless child, but not an adult who can fight back? If we were to make hitting children illegal, in all circumstances, including "spanking," we could truly start teaching that violence is no way, and is indeed a very cowardly way, to discipline.
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I retired from the fire service almost six years ago. I will never forget an incident I was involved with in the early 90's. We were dispatched to a reportedly injured female infant, but upon arrival, the injuries were not nearly as significant as initially reported. During the assessment and treatment of the infant, I became increasingly uncomfortable with the infant's environment. My feeling at the time was that the baby's mother really needed help and guidance. When I returned back to quarters, for the first and only time in my 25 year career in the fire service, I called what was then termed Children's Services Division of the State of Oregon. I reported what I had seen, and made a point of saying I thought the patient's mom just needed guidance. I hung up, thinking I had done my part, done what I can, played my part. Three to six months later, while at work, I recieved a phone call from Washington County, asking me to testify in a murder trial. I at first thought there had been a huge mistake. But during the conversation, I learned that the patient I had helped treat, whose situation I had reported to CSD, had ultimately died shortly thereafter under suspicious circmstances. Shock, frustration, anger, sadness . . . . . . Mark MacDonald 503.684.8316
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In January 2007, Juvenile Rights Project, Inc. filed extensive comments on proposed DHS administrative rules commonly referred to as the "Oregon Safety Model" (OSM). The OSM was created in response to earlier cases that had been highlighted in the media where children were severely harmed or killed.
JRP was particularly concerned about the portion of the OSM that directs Child Protective Services workers to take "vulnerability", in addition to safety, into account when making decisions about abuse, neglect and the removal of children from unsafe homes. The rule, which DHS adopted in spite of the numerous concerns and objections raised, directs CPS workers to determine whether or how the child is or is not vulnerable to identified safety threats. "Vulnerability" is to be determined based upon such factors as: the child's size, mobility, physical development and dependence. In other words, older children are presumed to be less vulnerable even when found to be in clearly unsafe situations.
Among the concerns expressed in our comments on the proposed administrative rule were:
"We strongly object to the addition of the definition and concept of “vulnerable child” (39) to this revision of the CPS rules. We are extremely concerned that this will lead us directly back to the Level 7 Vulnerability Scale practices that we have jointly worked hard to eliminate. We are concerned that this change will lead, once again, to: older children not being protected from abuse and neglect, or not being placed in foster care when needed... Most discouraging is that inclusion of this concept shows a basic lack of understanding of the legal and developmental abilities of children. Children under the age of 18 may not legally run away or disobey their parent – even if it is to avoid abuse or call the police about abuse. Children under 18 are not developmentally able to protect themselves. We do not believe that “vulnerability” is a useful concept in determining safety, especially in light of the history of what has already happened in this state – it is an evasion of responsibility and a rationing of protective services that is discriminatory to older children.... "
Mark McKechnie, Executive Director, Juvenile Rights Project, Inc. -
I think the investigation will show that this exact rule was part of the problem in DHS's handling of this case. Sad...
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We don't just have an obligation to report abuse, but also to fund those who fight the abuse. DHS is grossly underfunded and we can't expect them to be fully functional unless we give them good training, a reasonable caseload and money to fully reimburse foster parents.
DHS also has its hands tied by the vague rules about what is needed to take a child out of a home and a fear of lawsuits if they move too quickly.
-Robyn
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Listening to the Liz talking about being specific, having credential, being timely, blah blah blah.
That certainly was NOT my experience with this girl who was being abused. (see comment above.)
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My wife said to one of my children, if you don't stop fighting with your sister, you are going to walk home. I was reported when my wife and I followed through with our threat. I had my child walk off her tantrum while I drove next to her along the side of the road. The neighbor who saw this assumed that I was being abusive and inserted himself into the middle of our discipline. I tried to handle the situation by explaining myself and appreciating his consern.
He continued to belittle me, so I picked up my girl and drove off. If he were to see the follow up to the situation he would have seen me pick her up, put her back in the car, drive home and have a discussion without yelling or hitting involved. Insted he followed me home and called the police.
The police were kind, but I was mortified by the thought of being accused of abuse. Some people need to stay out of dicapline or just listen to the other side and not be confrontational. I was not confrontational to this gentleman. Although I did want to have it out with him for his invasive actions. I would hate to see how his kids turn out for not following though with threats of dicapline.
However I have been in all sorts of homes where there is abuse going on that turns my stomach. I have called the police in those situations. Like I said I was apreciative of my accusers conncern, but he clearly was not going to listen to reason.
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As a foster mom and previously as a counselor in a domestic violence center I have seen the system's problems and it's successes. I understand the distress caused by stories like this and all abuse, small or large. DHS and our society has a lot of work to do to protect children. But my point is that there also is already a lot of work being done and it saddens me that the only time the Child Welfare system is in the news is when it's broken. My husband and I have fostered 13 children over two years, all of whom we loved and cared for as our own. We worked for their welfare both by providing them with a caring home and in the courts, attending their hearings. I wonder if your guests can comment on what they see the system doing well, and how we can expand those good ideas and processes.
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It's easy to blame the system or individuals, but what strikes me as overwhelming is the number of calls - 65,000? How many caseworkers are available to handle these? And to properly assess situations? It seems to me we are not addressing a core problem: enough social workers and limits on case loads.
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On a related subject, please encourage your listeners to call the police if they hear/see domestic violence going on. As a child, my father repeatedly beat my mother, leaving her with black eyes and broken bones. But no one called the police, even when incidents happened in public. My brother and I were too young to know what to do and so had no voice and received no help.
As a result, we grew up believing this was fairly normal behavior. My brother became a substance abuser and both my brother and I married, unbeknowst to us, bi-polar people who continued the cycle of abuse. I believe that if our community had stood up against abuse during our early years, all in our family would have benefited.
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Sadly, many people practice what they call their religion, and by that I mean they follow the King Solomon instruction "Spare the rod and spoil the child". Some people just use a small pat on the butt with a bare hand and some take the King Solomon instruction to it's ultimate end, beating the child to death.
I would argue that we should outlaw that and that it is not protected under the US Constitutional restrictions against laws about "religion" because it was an instruction from a "King" and not from some "God".
I would like to see a massive campaign to teach parents and children about modern scientifically researched and developed parenting methods that use positive reinforcement of desired behaviors and no punishment, physical or mental. I would enlist the churches, the schools, Public Service Announcements in all media, and TV and shows about these problems and the solutions.
It is long past time to rid ourselves of all forms of the King Solomon instruction, "Spare the rod", put the fear in them early", etc.
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This is what is wrong with society today. All those kids born since the 60's who have never been disciplined. You need to smack your kid once in a while. There is no reason to negotiate with a child. Either discipline your kids... Or don't have any!
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"This is what is wrong with society today. All those kids born since the 60's who have never been disciplined. You need to smack your kid once in a while. There is no reason to negotiate with a child. Either discipline your kids... Or don't have any!"
"arthurseery — Wed Jan. 6th 10:07a.m."
You are advocating child abuse!
You are wrong in general and in the specific case of Jeanette Maples, you are dead wrong.
Please stop promoting child abuse. -
As a mere Undergraduate Psychology student I learned in writing a paper that 1.4% of children are found to be abused, that 30-90% of the spectrum end from neglected to sexually abused up with bona fide PTSD
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A friend who lives in Portland came home to find investigators in her home with her husband and 3yo daughter.
My friend had reached out to another mother in her play group who appeared to need a friend to confide in, that is, my friend had a feeling that the woman was married to an abusive or controlling husband. To make the woman feel safe about opening up over time, she shared that she had been raised in an abusive home and was sympathetic to offering help and support. She had even sent an email that she was available outside the play group if this woman would like to get together.
Within that week, the investigators were in my friend's home questioning her husband and examining her daughter's body. The stated that they had received a report that someone was concerned about her ability to parent.
My friend believes the woman or the woman's husband reported her, and that it was acted upon so quickly because that couple is in the medical field and are mandatory reporters.
The investigators left my friend's home with sincere apologies, that the report was obviously unfounded.
My friend is still deeply shaken, in part because this happened the very week that Jeannette Maples' death was reported. Also because she feels so violated for reaching out in a situation she herself was suspicious about.
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This Lawyer that has made all this money by sueing the states of Oregon and Washington... I believe this guy has a total conflict of interest here. Where does he think that the money for his law suits come from? (Yeah, He Knows) This does not represent the well-being of anyone. Of course he wants DHS Child Welfare to get more money... That is where he gets his money.
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Recently, a friend's child was sexually abused at her daycare. The daycare worker confessed, and legal proceedings were initiated. But the daycare itself was reopened within a week of the abuse being reported. This really makes me question the standards of the licensing board which oversees childcare. (Not to mention: who would send their child back to that daycare?!)
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I once witnessed and confronted a woman abusing one of two children she was with as they walked down the street. I was driving on East Burnside a couple of years ago when I heard the woman yelling angrily at the girl I assumed to be her daughter. As the yelling grew more intense, I became concerned, and stopped my car to see if I should render aid. At one point, the woman screamed, grabbed the girl’s hair, and used it to catapult her into the street. A passing mail delivery truck swerved to avoid the girl. If I had had a cell phone with me at the time, I would have called the police. Since I didn’t have a phone, I wasn’t sure what to do. After all, as an individual I have no authority in the matter, and confronting the three of them together could be problematic for the kids. Rather than confront them, I shadowed them in my car, following closely to see where they went. My intent was to determine the address where the abuser lived, and then report the abuse to the appropriate authorities. I did not hide the fact that I was following them, and they soon became aware that they were being watched. After following them for about twenty minutes, the woman had the children stand aside and approached my car. She confronted me to ask why I was following them. She said that I was making her nervous, and that she and her kids were frightened. She threatened to call the police. At this point I encouraged her to yes, please call the police, whereupon I would be happy to explain what I was doing and why I was doing it. When the police arrived, I said that I would ask them to call DHS, because I was concerned for the health and safety of the children in her company. I asked her if they were in fact her children, and told her that I had witnessed her abusive behavior. I also indicated that I could probably find another witness by seeking out the mail man who had been driving past when she had thrown her daughter into the street. At this point, the woman became very concerned, and asked me not to report her. She apologized, and seemed genuinely remorseful. Although it was not entirely satisfactory to me, I didn’t pursue the matter any further; doing so would have required me to be much more aggressive and taken a considerable amount of time. She refused to provide her name or address, and I had not been able to determine where they lived; what more could I have done?
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"Should psychological violence within a relationship be a crime? "
Is the discussion on WHYS today. France is considering a law banning that in marriages and cohabitants.
I would like to see a law banning Psychological Violence against children also because that is the basic relationship role model that children learn and then take into their adult relationships.
People teach the use of domestic violence to their children by the way they parent, and the kids pass it on for generations.
Let's change that!
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I have reported two cases to DHS CPS in Oregon. The first was after two days of listening to a grandmother taking care of her grandson by screaming obscenities at him non-stop from the moment he got home from school, even through the arrival of his mother. The second was after a young boy arrived on my doorstep scared and lone, lost in the big city. I took him home and he was afraid to go in because of his older brother's threatening attitude. I don't know what transpired after I made the calls, and I don't know if DHS considers verbal abuse to be excessive enough to respond, but my heart and conscience required I make the calls. Someone needs to watch over these little ones.
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" ...but my heart and conscience required I make the calls. Someone needs to watch over these little ones"
"Madhatir — Wed Jan. 6th 10:14a.m. "
That is the Jesus teaching "... even as you treat the least of these ...."
Good for you!
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I am a father and found myself in the position of having to file for custody due to several founded abuse charges involving both my children from their mother's new husband.
I was told by DHS that if I did not file for custody the children would be sent to foster care. I went into court with the support of child services, CARES NW, the investigating police officer, a DA, and the investigating pyschologist, but found myself in a power struggly between these investigatory agencies and the court. The judge explained to me that she did not feel the level of harm done raised to the level of child abue, and since I was aligned with the investigating agencies on this issue, I would not be the best person to facilitate reunion of the families. I lost custody and the kids went back under the control of the parent under which the abuse occured.
As an interesting aside, the stepfather has a biologic child that is brain damaged due to abuse. He is the suspected purpetrator. His is no longer allowed visitation. The mother has changed her name and is in hiding.
The common perception is that the legal system errors on the side of protecting the child. My experience is that personalities, egos, and juristictional power struggles between agencies trumpts the obligation to protect children.
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Abuse is a powerful tool used by people to gain advantage in potential custody battle.
I am a victim of false accusation. It took 3 years of legal battles, and over $50,000 legal fees to get kids back (to a point of shared custody and equal time with kids).
On the date of accusation, my ex-wife had her friend call 911.
Despite witness from neighbor, police who responded said on the radio "Just some arguments and there is nothing physical...", and my ex-wife later apology in formal legal documents saying basically she made the Restraing Order up, when no abuse took place... There is no way to clear my name. (The fact a RO was filed against me and dismissed is stuck forever.)
Whenever people hear or finds out "Oh, you had a RO against you...", it takes a lot of explaination on my part, and not everyone is willing to listen. For each professional in the 3 year custody battle, I had to show the evidence before they each agreed that no abuse took place, yet none of them seems to care "What is her motive for making this up?" I feel like guilt until proven in innocent.
The threashold for accusing someone of "abuse" is so low, and the system encourages using such accusations to gain advantages in potential custody battle involving two emtionally charged divorce couple.
As a society, what protection exists for the falsely accused (of such domestic relationship issues)? How are all these legal battles over custody productive to the economy as a whole? (Especially at a time when many people cannot find jobs.)
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I am an "X" child welfare case worker and believe that I have a unique perspective having been in the trenches. The workload is horrendous and it is impossible to keep on top of it. I believe that mistakes are made because of an overworked system. It was impossible to keep current on the demands of the paperwork and actually do a good job monitoring kids in foster care. It was tragic to witness burnt out caseworkers just going through the motions because they had lost their motivation to actually keep these families together. It comes as no surprise to me that we continue to have yet another case of a child falling through the cracks. It will never change unless there are radical changes in the child welfare system.
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As a Child and Adolescent Psychiatrist, I thought listeners to this program may be interested in knowing that the Oregon Council on Child and Adolescent Psychiatry is hosting a meeting on foster care at OHSU Doernbecher's Hospital on the 30th of this month. You may contact John McCulley at 503-533-7031 to obtain more information on the meeting.
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As I listened to yesterday's topic of Terrorism my thoughts wondered to the Domestic Terrorism I experienced 28 years ago. Yes, perhaps the dictionary's description of this word has examples such as " the Oklahoma bombing" but in my mind today's topic (1/6) should be included.
terrorist:a person who tries to frighten people or governments into doing what he/she wants by using or threatening violence.
I am often offended when I hear someone make statements about other cultures (Muslim, Arabic) and how they "treat their Women". As I look at America and the treatment of our own Women and Children knowing everyday, nearly every hour domestic violence occurs. Add on stranger abduction, rape, murder and the human trafficking occurrence. Yet do we as a Nation take on this subject with the same vigilance as the 911 terrorist attack. Why? Because then the "average white guy" would be suspect.
The caller who described women as being verbally "men are pigs" and physically abusive without prosecution interested me. I agree it's highly plausible these occurrences likely go unreported...the word nagging is made lite of, while it can be just as emotionally damaging to the person it is directed at or a child who becomes witness to the emotional tearing down of a man, aka emasculation. I am concerned with the freely used words "bit#ch, horro$, sl%t ect. Populorizes during the 90's in the music industry and now accepted anytime of day or night on tv. The word shit is bleeped but not derogitory language of our Women. The progressive, intellegent Dr. Phil and Women of "the View" throw it around on their shows as if by saying this it makes them trendy..and cool.Terror, ingnorance and indifference starts at Home!
Look within AMERICA..look within! -
And let's get the US to sign the international, The Rights of the Child", agreement.
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The death of this teenager is horrific. Sixty-five thousand calls per year reporting child abuse in Oregon means a lot of unwanted kids are going through living hell. A health care system emphasizing family planning, and free coverage of abortion and mental health services would help to stop the cycle of abuse. Demand these in our health care system!
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Comments are now closed.
This is a terribly sad story, as all stories like this generally are. We have a propensity to suggest something can always been done. I suppose our motivation comes from a good place. But, is it realistic? Can everyone and everything be saved? In this case it seems like we all should have known---because the signs were there, and it sounds like it was a slow series of events that led to her death.
It has almost become a cliche to say that DHS is ineffective. Is it really? How bad is it exactly? How do you measure it? Perhaps, they just deal in areas that are difficult to tread, in which the stakes are at there highest. I suppose we only ever hear about DHS when things go wrong, never right. Every time they go south, it seems utterly inexcusable, because the stakes are so high.
My best friend killed himself shortly after I moved to Portland. I got a Christmas card in the mail from him---at the time the inscription seemed sweet and sentimental, but after-the-fact I realized it was a finality, a goodbye. He had been abused for most of his childhood by his father and his mother did nothing. He never really recovered, and of course that must have set in motion the events that led to his death. I noticed some things, I tried when I could, but apparently I never accurately gauged the severity.