The California Attorney General’s Office has launched an investigation into the the Humboldt Department of Health and Human Services’ handling of reports of child abuse and neglect, and specifically whether it is in compliance with the Child Abuse and Neglect Reporting Act.
The origins and goals of the investigation are unclear, but a court document filed by the AG’s Office describes it as a civil investigation relating to Humboldt County agencies’ compliance with California’s Child Abuse and Neglect Reporting Act. The state seems to be casting a broad net as last month it subpoenaed a host of records from the county, including the paper trail documenting every report of child abuse or neglect received by the county from 2011 through 2015 and how it was handled. Additionally, the AG’s Office subpoena requests seem especially focused on the department’s correspondences and agreements with local law enforcement, mandated reporting policies and its handling handling of abuse and neglect reports relating to foster kids and native youth.
It’s not immediately clear if the investigation is in response to complaints, is based on suspected malfeasance or is a compliance check, though it’s worth noting that the investigative subpoena lists DHHS as a “witness.” A spokesperson for DHHS declined to discuss the investigation but released the following statement on behalf of the department and county counsel:
“Unfortunately, details of the investigations of child welfare services and the records of the California Attorney General are strictly confidential so the department simply cannot comment on specifics at this time. Nevertheless, we can affirm our commitment to the welfare of children in Humboldt County as well as our determination to work collaboratively with tribes to ensure that all allegations of abuse and neglect are promptly investigated and that families receive culturally appropriate services.”
A representative of the AG’s Office, who declined to be named talking about the sensitive investigation, said it was one of several probes launched by Attorney General Kamala Harris’ new Children’s Bureau of Justice, which launched last year.
“It’s a new unit, formed with the purpose of enforcing children’s rights and with a particular focus on foster care, education and juvenile justice,” the representative said. “[Harris] really wanted to focus on accountability and enforcement gaps in systems that are child serving.”
While the newly minted bureau has launched a number of investigations, the representative said Humboldt’s is the first to go public. That’s because Humboldt County has so far refused to turn over the sought records, and county counsel is challenging the Feb. 25 subpoena.
On March 17, the county filed a petition for relief in Humboldt County Superior Court asking it to quash the subpoena, arguing it shouldn’t be forced to comply because the AG’s Office wasn’t making a specific allegation of wrongdoing; because the records requested are confidential juvenile records; and because it’s the California Department of Social Services, not the AG’s Office, that has the broad authority to review records in order to oversee the functions of county child welfare agencies. The county’s petition, filed in open court, is a public record, which brought the investigation into public view, with the original subpoena, attached to the county’s filing, offering all the details of what was requested.
The AG’s Office, in its filing, said that the Humboldt County Superior Court simply doesn’t have a say in the case as it lacks jurisdiction over whether to compel a witness (the county of Humboldt) to comply with a subpoena or to consider the county’s challenge to the AG’s constitutional powers and authorities to conduct investigations. In a hearing Friday, the local court agreed with the state that it doesn’t have jurisdiction in the case, so the subpoena remains in effect. If the county continues to refuse to comply, the AG’s office can initiate a proceeding to compel compliance in a superior court of general jurisdiction.
While she declined to discuss what spurred the subpoena, the AG’s Office representative said the investigation “is sort of stemming” from a letter the bureau sent out to all California counties last year outlining their responsibilities to foster youth. She specifically pointed to the following paragraph of that letter, which describes mandated reporting requirements and notes that social workers, licensing workers and local child support agency caseworkers are classified as mandated reporters:
“If a mandated reporter, in his or her professional capacity or within the scope of his or her employment, knows or reasonably suspects a foster youth has been the victim of child abuse or neglect, he or she must call a designated agency immediately or as soon as is practicably possible, and submit a written follow up report within 36 hours of receiving the information concerning the incident,” the letter states, with a “designated agency” meaning a sheriff’s department, police department or the county welfare department.
The representative said the bureau conducts investigations based on complaints and tips, its own data analysis and sometimes simply to “confirm compliance with the law.” According to Kidsdata.org, Humboldt County has higher rates of both substantiated abuse/neglect cases and children living in foster care than the state average. According to the site, 1.2 percent of Humboldt’s children age 0-17 live in foster care, nearly double the state average of .68 percent. Humboldt County also averages 10.1 substantiated abuse and neglect cases per 1,000 children compared to the state average of 8.7.
In its subpoena, the AG’s office is requesting a host of documents, including those listed below. To review the court filings in their entirety, click on the PDFs at the bottom of this post. (The subpoena itself begins on Page 8 of the county’s petition.)
* All printed forms, standard instruments, templates or tools relating to the DHHS’ Emergency Response Protocol
* All reports received by DHHS of child abuse or neglect
* The number of in-person investigations conducted, including investigations of reports involving foster kids
* The number of reports “evaluated out”
* A copy of all written policies and procedures, whether formal or informal, relating to compliance with the Child Abuse and Neglect Reporting Act
* A copy of all written policies and procedures, whether formal or informal, relating to the evaluation, licensing and re-licensing of foster homes
* A copy of all written policies and procedures, whether formal or informal, relating to the supervising, monitoring and evaluation of unlicensed foster care settings, including but not limited to kinship care, NREFM or tribally approved foster homes
* Departmental organization charts listing job titles and names
* Budget documents that include funding sources
* Documents sufficient to identify the chain of command and the flow and scope of responsibilities, job duties and accountability between and among Department of Health and Human Services and Children and Family Services
* Documents identifying average caseloads for those employed by Child Welfare Services
* All agreements with the sheriff’s office, law enforcement agencies and local tribes to relating to reports of child abuse or neglect, including those related to cross reporting, coordinating and investigating such reports
* All internal communications relating to tribes and children who are eligible for enrollment or enrolled in a local tribe
* All communications to and from DHHS relating to reports of child abuse and neglect
* All communications to and from DHHS relating to foster placements
* A report generated by DHHS detailing each and every report of child abuse and neglect received, including the identity of the child, who reported it, the tribal and foster care status of the child, dates of actions take by DHHS, interactions with law enforcement agencies and any final determinations made
This article appears in The Sinking Feeling.
Thank you Thadeus Greenson!
Please keep us informed on this case and what it’s costing us to fight our own C.A.G.!!!
To what lengths and at what costs will Humboldt County go to keep their data from being audited by the California Attorney General?
What have they been hiding from county residents? For how long?
Is abuse the reason there’s over 700 annual missing persons reports that are mostly children in Eureka alone? (NCJ May 12, 2915, “PSO’s No More”). This was a “secret” too until Eureka’s Public Service Officers faced layoffs and started talking.
Keep electing candidates blindly focused on the “property rights” of their campaign contributors and this is what you get…silence, denial, intransigence, and excuses during multiple human health and environmental crisis that grow into catastrophes.
How many people have been poisoned by their tap water after similar bureaucratic shenanigans in Flint, Michigan?
What better way to kick off Child Abuse Propaganda Month!
Since the inception of poverty being the crime of child abuse and neglect, the entire child welfare system is designed to be impervious of external scrutiny and prosecution.
Learn more: BEVERLY TRAN: California Attorney General To Investigate CPS For Child Abuse Propaganda Month http://beverlytran.blogspot.com/2016/04/california-attorney-general-to.html#ixzz44YUqLFA1
Stop Medicaid Fraud in Child Welfare
Could be Humboldt County actually protects children in foster care and does something about it and maybe it’s the rest of the state that’s corrupt and ignores/quashes the reports of the children who are already in care. This is an entire population that remains unprotected at the hands of “foster care”.
What about Sacramento. There needs to be an investigation. Often african american children r disenfranchised. Unnecessary placed in foster care. Unruling uncontrollable teens should not be afforded to be placed in foster care..it is clear that Sacramento county is not in compliance with child abuse laws.
I would LOVE to hear their opinions on my 2014/15 Humboldt county juvenile cases which involve the removal of my children from my custody for attempting to take my baby to an Immunologist in San Francisco for an appointment to assess for possible Lyme Disease and co-infections.
The subsequent DHHS decisions to place them in a domestically violent home and ignore their own interviews with my children, who ALL reported abuse at the hands of my ex… right down to our 5 year old son. The CWS SW interviewed him secretly at his kindergarten, where he reported his dad being abusive towards us daily “for no reason”, as well as his thoughts that his baby sister and I were sick.
Because this SW documented his interview in a court deposition, the DHHS supervisors pulled her, as well as numerous nurses who witnessed symptoms of Lyme in my children, off the case.
Then there was the CWS/DHHS “set up” xmas supervised visit, to allow my ex to steal my vehicle and all remaining belongings, money and meds…from their private gated government lot, that they promised me it would be safe on. It took me 14 months to get the courts to make him return it, and in the meantime…the fact that I had to use public transportation between Humboldt and SF constantly for court up here and medical care down there was used against me in getting any portion of custody returned.
In addition to the children’s interviews and written statements of abuse, the agencies were provided with restraining orders filed against the children’s father, containing 4 typed pages documenting extensive domestic abuse and violence… as well as descriptions of the multiple years it took me to safely get the kids out of that environment…only to have CWS and the DHHS place them right back in.
As a neonatal acute care, childbirth and hospice nurse who accepted RECRUITMENT TO HUMBOLDT in 2001…I am beyond disappointed in ALL of the county agencies involved in the medical kidnappings of my babies.
Since then, the steady denial of the fact that we ALL have Lyme disease with numerous ongoing symptoms, is nothing short of CRIMINAL. Refusing to allow the children to be assessed for my conditions, when it is transmitted in pregnancy, is a dangerous game of medical neglect that could easily end in irreversible damage at any time.
The administration of excessive vaccines during Dr visits where the children are presenting with fevers and rashes is CRIMINAL MEDICAL ASSAULT!!!
LAST SUMMER…I discussed with the SW that currently supervises visits, my observations that my son was not hearing well again. He has already had surgery to restore hearing once, so I was obviously concerned. Now, 8 months later, I’m told his father finally noticed he can’t hear again, and according to the Drs, it can’t be repaired again at this point due to extent of damage…so he will need hearing aids made at the tender age of 6.
My baby girl has so many skin issues, relapsing fevers and respiratory infections, that they decided extra flu vaccines, steroids, inhalers and home breathing machines where the answer.
Our story is truly unbelievable, even by me and I live it daily. We have now been separated 488 days while they continue to be denied proper care.
Knowing as a nurse and patient, that I am at the end stages of conditions that will cause a fatal event at anytime, is incredibly devastating for many reasons…but the irreplaceable loss of time to make memories with my children is unacceptable.
I understand how sociopolitical my diseases are, and that Humboldt has ZERO desire to truly discuss the elephants in the courtroom.
I am currently battling with late stage chronic Neuroborreliosis, Babesiosis, Rocky Mountain Spotted Fever, Murine Typhus, Bartonella and severe Thyroid Disease. My biggest mission and purpose for what is left of my life, is to bring about as much awareness as possible before I pass away or lose my ability to communicate, so that my children have the best possible chance at healthy lives.
At this time I am drafting a letter regarding both our case, as well as our current health and wellbeing. This will be sent to attorneys, news journalists and media outlets worldwide, in an effort to locate the people who still desire to write about the TRUTH and fight for the rights of innocent parents and children who have been victimized by government agendas and the corrupt agencies behind them.
Honestly …I informed the North Coast Journal of this problem and my case in the fall of 2014. God only knows how many more children have suffered since then because of the county cover up and corruption. The Journal and Lost Coast Outpost here pride themselves on exposing the truth….yet NOBODY is interviewing us victims. Grow some bigger balls, interview me and my kids…and WRITE ABOUT WHAT’S REALLY GOING ON WITH CHILDREN IN HUMBOLDT COUNTY
sureno gang members of vagos vgs 13 are corrupting monterey county cps / fcs in monterey county i can prove are employed by this county ive got pictures transmissions emails and am a victim of this corruption something needs to be done here!