TN Family Court In Need of Reform

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more lies and failures of social workers

Posted on Thu, Feb. 4, 2010

Kelly defense: Victimized by their own staff

By Nathan Gorenstein

Inquirer Staff Writer

Two top managers at the social-service agency that was caring for 14-year-old Danieal Kelly before her death were victimized by their own staff, who lied about how often they made required home visits, defense attorneys said yesterday.

In opening statements at the federal trial of the two managers and two staff caseworkers, defense attorneys also attempted to diffuse what lawyer William Brennan called "the elephant in the room" – Kelly’s death by starvation in 2006 while the agency, MultiEthnic Behavioral Health Inc., was responsible for her well-being.

"This is a fraud case. This is not a murder case," said Brennan, who represents a worker charged with participating in the fraud.

The now-defunct agency was supposed to provide care for Kelly, who had cerebral palsy, and other at-risk children using federal funding funneled through the city’s Department of Human Services.

But prosecutors charge that the defendants instead billed the city for services MultiEthnic never provided – including home visits that never happened.

William Cannon, the attorney for Mickal Kamuvaka, 60, who ran MultiEthnic when the city contracted it to monitor 500 homes, conceded that the agency was not always well-managed, but said Kamuvaka had been at the mercy of her employees. "She had to rely on their integrity," he said.

The defense attorneys said federal prosecutors had to prove the four intended to lie and defraud the government.

"Did he intend to lie? If he didn’t intend to lie, he’s innocent," said William R. Spade Jr., the attorney for MultiEthnic social worker Julius Juma Murray, 52, who was handling Kelly’s case when she died.

Cannon said Kelly’s mother had kept her covered with blankets up to her chin when workers from MultiEthnic visited. While she was underweight, Kelly also "was beset with medical problems," he said, and there was "no medical record to show she ever weighed more than" the 42 pounds recorded at her death.

Kelly and her family were considered at-risk, and DHS ordered twice-weekly home visits to ensure she was safe and getting services she needed. When she died, her body was covered with bedsores, some of which were maggot-infested and bone-deep.

From July 2000 through December 2006, the city paid MultiEthnic about $3.7 million for services.

Assistant U.S. Attorney Vineet Gauri told the jury that the defendants had been "social workers" employed to provide assistance for the city’s least fortunate, but that "they chose not to be that safety net."

Gauri said Kamuvaka had "spearheaded the fraud," assisted by a second agency manager, Solomon Manamela, who on one occasion reported he was doing agency work when, in fact, he was out of the country.

Clients were supposed to sign a form every time a social worker visited, but Gauri said Murray and fellow caseworker Mariam Coulibaly had clients sign a "stack" of forms in advance.

Each of the defense lawyers made a point of introducing his client and offering details of the defendant’s life: Kamuvaka was born in the Central African Republic, earned a degree in social work and psychology in 1976, received a doctorate in social work from Cornell University, and was one of the founders of MultiEthnic.

Manamela, 52, is from South Africa and, during apartheid, fled to Tanzania. "He has spent his life helping troubled children," said his attorney, Paul J. Hetznecker.

At MultiEthnic, Manamela "put his trust in the . . . workers" he supervised, and "they violated Mr. Manamela’s trust in them," said the lawyer.

But, like Cannon, Hetznecker conceded that "there was a lot of mismanagement there."

Spade said Murray was born in Sierra Leone, received an undergraduate degree in computer science from the University of Maryland, and chose to do social work.

"The mother of the girl was hiding what was going on," Spade said, referring to Kelly’s mother, Andrea, who pleaded guilty last year in the Court of Common Pleas to third-degree murder and was sentenced to 20 to 40 years.

Coulibaly, 40, was born in Mali and holds a nursing degree. Five other MultiEthnic employees also charged by the U.S. Attorney’s Office have pleaded guilty.


Contact staff writer Nathan Gorenstein at 215-854-2797 or ngorenstein@phillynews.com.

February 10, 2010 Posted by TN Momma06 | Family Court | | No Comments Yet

READ Learn DCS Policies and where to complain

Many laws affect the work of HHS. The Department issues regulations to implement these laws and develops policies and guidance for industry, state and local governments, and other organizations. The topics of Health Information Technology Standards, Additional Laws & Regulation, and Policies & Guidelines open-up to display many links to helpful information.

http://www.hhs.gov/policies/index.html

January 31, 2010 Posted by TN Momma06 | Family Court | | No Comments Yet

TBI, state auditors investigating County Clerk employee for embezzlement

The Tennessee Bureau of Investigations, the district attorney’s office and the state Comptroller’s office are investigating the disappearance of thousands of dollars from the Dickson County Clerk’s office.

County Clerk Phil Simons told the county commission at a called budget committee meeting last night that between $14,000-$15,000 had been taken from the Dickson satellite office through an elaborate scheme in which the books appeared to balance at the end of each day.

The situation came to light in mid-September when the deputy clerk who allegedly took the money was off work and another deputy worked at that desk where paperwork was found, leading to the discovery of the alleged theft, Simons said.

He said the employee allegedly manipulated reports through failure to record or voiding cash transactions, then using other peoples’ checks to pay the fees that had been paid in cash.

Simons said as soon as he discovered the alleged theft he went to county attorneys and they notified the district attorney’s office.

The DA contacted the TBI and an auditor from the state Comptroller’s Office.
He said the stolen cash came from automobile registration renewals, business licenses, registrations and other fees that the employee allegedly pocketed.

The investigation is still ongoing and Simons did not identify the employee. However, he said the employee was terminated by mail on the grounds of employee misconduct after walking out of the office following an interview by the TBI and the Comptroller’s Office of Audit.

“There was no admission of guilt and no confession,” Simons said.

When asked why the employee was fired without admitting to the theft and the investigation is incomplete, he said that’s why she was fired for employee misconduct.

“It’s very broad,” he said.

Simons said the county would have to cover the missing money until the case is prosecuted but that either the county’s insurance or a blanket bond, which covers all employees who handle money, will reimburse the county.

Simons said there are normally 10 employees working the Dickson office and he doesn’t plan to fill the position vacated by the former employee.

“I have some other ideas in mind,” he said. “But we have nine other people that we don’t have a problem with. I trust everybody until it’s proven otherwise.”

http://www.tennessean.com/article/20091202/DICKSON01/91202049/TBI-state-auditors-investigating-County-Clerk-employee-for-embezzlement

WAY TO GO K.T. Now Just Keep Working That :)

December 8, 2009 Posted by TN Momma06 | Family Court | | 3 Comments

2 clients claim Knoxville attorney does nothing after retainer fees

Posted: wnRenderDate(‘Monday, November 16, 2009 4:57 PM EST’, ”, true); Nov 16, 2009 4:57 PM EST Monday, November 16, 2009 4:57 PM EST

"He just wants me to go away. He will be pleased to return my file or deliver it to my new counsel," Brian Duncan says, referring to the letter he received. “He just wants me to go away. He will be pleased to return my file or deliver it to my new counsel,” Brian Duncan says, referring to the letter he received.
"I have not seen Mr. Threadgill for any meetings. I have not had any personal conversations with him since leaving my retainer there," Emily Lee said. “I have not seen Mr. Threadgill for any meetings. I have not had any personal conversations with him since leaving my retainer there,” Emily Lee said.
"I've exercised my best legal effort and judgement based on 40 years of experience," attorney John Threadgill said. “I’ve exercised my best legal effort and judgement based on 40 years of experience,” attorney John Threadgill said.

By DON DARE
6 On Your Side Reporter

KNOXVILLE (WATE) — If you’ve ever needed a civil issue resolved legally, the best advice is to hire an attorney to win your case. But several people have called 6 On Your Side to complain about an attorney they say has done little to help win their cases.

Under an oath attorneys take in Tennessee, they adhere to standards that include completing their work in a timely manner and keeping their clients informed.

But that’s not what’s happening for two people who hired the same attorney, John Threadgill, in Knoxville.

In Maryville, Brian Duncan installs and services garage doors. A few years ago, he sued a former employer he says owed him a lot of money.

Brian figured his case was pretty solid. He hired Threadgill in August 2007, paid him several thousand dollars and says their spirits were high about resolving the case.

“When I showed him all the documents I had, he said this is an open and shut case. Give me a $2,500 retainer and I’ll take it on contingency,” Brian said.

But he also says it’s been a bumpy road with his attorney.

When asked what happened, he said, “Nothing, a little over two years of not being able to get a hold of my lawyer. The only paperwork that I’ve had from him so far regarding my case were questions I had to answer for the opposing side that he sent to me that I answered.”

In Knoxville, Emily Lee, a licensed clinical social worker, hired Threadgill in March 2008 to settle a business issue. She meet him once in March 2008 when she wrote a check for his retainer.

“I have not seen Mr. Threadgill for any meetings. I have not had any personal conversations with him since leaving my retainer there,” Emily said.

Fourteen months ago, she wrote a letter to Threadgill, explaining she was disappointed in his representation. “Responsiveness is something that’s required in my profession, and I would have hoped with his.”

Threadgill wrote to Brian Duncan in October saying he’s no longer representing him, but earned his $2,500.

John Threadgill declined the 6 On Your Side request for on camera interview, but defended himself saying, “I’ve been to court eight or nine times on behalf of Mr. Duncan. His case file is two inches thick.”

Threadgill said Emily Lee’s case is still pending.

He went on to say everything has been done that could be for Duncan and Lee.

He concluded saying, “I’ve exercised my best legal effort and judgement based on 40 years of experience.”

The state Supreme Court’s Board of Professional Responsibility slapped John Threadgill with a petition for discipline in August. It’s his third discipline petition in five years.

To get consumer information about the Board of Professional Responsibility, click here.

“He just wants me to go away. He will be pleased to return my file or deliver it to my new counsel,” Brian says, referring to the letter he received.

Threadgill says he has responded to the discipline petition, but declined to give details.

If you have a consumer issue, call the 6 On Your Side hotline at 865-633-5974.

December 1, 2009 Posted by TN Momma06 | Family Court | | No Comments Yet

Was this your custody evaluator? Stephen Doyne, Phd

Facebook | Lisa R Smith 

Concerned Citizens:

We are looking into professional misconduct of . This will be a collective complaint to protect the public.

Superior Court of California

County of San Diego

330 West Broadway

San Diego, CA 92101

Case: 37-2008-00093885-CU-BT-CTL

Emad G. Tadros, M.D., Plaintiff vs. Stephen E. Doyne, Defendant

Complaint:

1. Violation of BPC 17200 et seq.

2. Breach of Contract

3. Negligence; and,

4. Fraud.

Exhibits:

1. In correspondence, Doyne claims to be a “Diplomate American College of Forensic Psychologists.” There is no organization called the American College of Forensic Psychologists.

2. The American College of Forensic Psychology in a letter dated September 18, 2007 the American College of Forensic Psychology writes back to Plaintiff stating, “…Doyne is not, and has not never been, a member of the American College of Forensic Psychology. We do not have Diplomates and he lists the group as American College of Forensic Psychologists, which is not our group.”

3. The American College of Forensic Examiners is a sham organization owned by a con artist named Robert O’Block that provides fake diplomas for a price, he operates a “certification mill.” A pet cat has been issued the same credentials as Doyne; he has the certification that Zoe the cat has. Robert O’Block has also certified a murderer while he was incarcerated in prison; it was mailed it to him while he was in prison (see forensic evidence review by Professor of Law Carol Henderson pp 7 & 8; also Google “the credentialing con” & “the print by mark hansen expertise to go”).

**As implied, Doyne does not possess certification by the one and only well respected forensic Board named the American Board of Professional Psychology (ABPP). The ABPP is the one and only to be recognized by all state licensing boards and the American Psychological Association (APA), and specifically in Forensic and/or Family Psychology specialty.

4. San Diego Family Court did not have record of Doyne’s curriculum vitae (CV). The court ordered Doyne to release his CV upon Plaintiff’s request. Doyne’s CV lists false and misleading credentials such as:

a. In page 1 under honors and awards, Doyne’s CV states he is a Diplomate in Psychology, American College of Forensic Examiners, which is a sham organization selling fake diplomas (2750 East Sunshine, Springfield, MO 65804).

b. CV states Doyne is a Diplomate of the American Board of Forensic Examiners (child custody evaluators), a sham organization run by the same con artist (2750 East Sunshine, Springfield, MO 65804).

5. Page five, under Teaching Experience, Doyne’s CV states he was an Adjunct Professor at the University of San Diego School of Law. In a letter of response to Dr. Tadros dated August 7, 2007 from the Office of the Vice President and Provost, the Assistant VP for Academic Administration of the School of Law at USD states, “I have searched our paper and digital records back to the mid-1970’s and do not find a record of Stephen Doyne ever teaching at the University of San Diego.”

6. Page five, under Teaching Experience, Doyne’s CV states he was an Instructor at the University of California at San Diego. In a letter of response to Dr. Tadros dated November 6, 2007 UCSD states that, “after extensive research of our payroll documentation, it has come to our attention that Stephen Doyen has not been directly employed by the University of California, San Diego.”

7. Page five, under Teaching Experience, Doyne’s CV states he was an Instructor at the California School of Professional Psychology (CSPP). In a letter of response to Dr. Tadros dated September 5, 2007 CSPP states, “that we do not have employment records.”

If you would like further information please send an email to: itsinthecredentials@gmail.com . We will send you additional information.

Parents for Accountability of Credentials of Court Appointed Experts

Parents for Accountability

Posted in California, Stephen E. Doyne. 1 Comment »

November 16, 2009 Posted by TN Momma06 | 4th amendment, 14th amendment, childrens laws, child, CPS, Childrens Rights.org, DHS, Equal parenting, Family Court, Lisa R Smith, advocacy, child and family, child protective services, child services, child welfare, children's rights, complaint, constitutional rights, court corruption, court reform, department of human services, false testimony, family law, legal advocate, law clerk, violence, help for single mo, legal research, pro se legal info law questions, family, monitor | | 1 Comment

Historic Hate Crimes Legislation Signed

Historic Hate Crimes Legislation Signed

President Barack Obama signed the historic Matthew Shepard and James Byrd Jr Hate Crimes Prevention Act yesterday. The bill extends the definition of federal hate crimes to include attacks motivated by sex, sexual orientation, gender identity, and disability and empowers federal authorities to help local law enforcement investigate hate crimes.

In his remarks yesterday, President Obama said, “In the most recent year for which we have data, the FBI reported roughly 7,600 hate crimes in this country. Over the past 10 years, there were more than 12,000 reported hate crimes based on sexual orientation alone. And we will never know how many incidents were never reported at all…no one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability.”

The law is named for two men who were slain in alleged hate crimes in 1998. Matthew Shepard, a gay university student, was murdered in Wyoming, and James Byrd, Jr., an African-American man, was dragged to death by white supremacists in Texas. Previously, the federal hate crimes law only covered attacks motivated by race, color, national origin or religion.

Judy Shepard, mother of Matthew Shepard wrote, “The legislation went through so many versions and so many votes that we had to constantly keep our hopes in check to keep from getting discouraged…But with President Obama’s support and the continually growing bipartisan majorities in the House and Senate lining up behind the bill this year, it became clear that 2009 was the year it would finally happen.”

The Senate passed the legislation last week on a 68 to 29 vote. The bill passed in the House on October 8 with a vote of 281 to 146.

Media Resources: Feminist Daily Newswire 10/23/09; Remarks of President Barack Obama 10/28/09; Statement of Judy Shepard 10/29/09

November 11, 2009 Posted by TN Momma06 | Family Court | | No Comments Yet

Judge Reprimanded for Jailing Guy Who Gave Him the Raspberry

I think I’m with the judge on this one, even if the state supreme court said he screwed up.

Municipal Court Judge Emery Toth was reprimanded last month for violating the New Jersey Code of Judicial Conduct by "speaking disrespectfully and intemperately to a litigant" and for abusing his contempt power by throwing the litigant in jail after he responded.  The litigant had escalated matters, though, by using certain well-known gestures and that time-honored salute, the "raspberry."

The defendant, a cab driver named Esmanuel Buldoni (a.k.a., oddly, "Luis Martinez"), had been charged with three traffic violations.  He was in prison at the time of his arraignment, possibly because he had failed to show up for a prior court date, and so the exchange took place over a video link to the courtroom.  After Buldoni pleaded not guilty, he and the judge got into a dispute over why exactly Buldoni was in prison at the time.  After a short exchange, Judge Toth ended the argument.  "I don’t want to have an Oprah Winfrey conversation with you," he said.  "All right? . . . I’ll give you a trial date next week.  See you around.  Goodbye."

According to Toth, Buldoni then made the "raspberry" sound and gestured with his middle finger in a way that Toth said he interpreted as meaning "kiss off."  The kiss-off does not seem to have been a big deal, but the raspberry was not to be endured:

 

http://www.law.com/newswire/cache/1202433825070.html

October 29, 2009 Posted by TN Momma06 | Family Court | | 1 Comment

Foster father convicted of voluntary manslaughter in foster son’s death

KNOXVILLE, Tenn (WVLT) — A Hamblen County stepfather has been found guilty of the lesser offense of voluntary manslaughter in connection to the November 2007 death of his foster child Jordan Shelton, 16.

Kenneth Taylor was also found guilty of reckless aggravated assault, a lesser charge than the aggravated child abuse count he also faced.

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Taylor’s attorney, Herb Moncier, had argued throughout the trial that Taylor put Shleton in a headlock out of self-defense when the boy went out of control after Taylor caught him smoking.

But, prosecutors contended it was an intentional act and said he should be convicted of first degree murder.

After seven hours of deliberations the jury disagreed convicting him of the lesser charges.

According to the Tennessee Code, Voluntary Manslaughter carries a penalty of three to fifteen years in prison.

Taylor will be sentenced on November 25th.

Stay connected to Volunteer TV News and VolunteerTV.com for continued coverage of this developing news story.

http://www.volunteertv.com/home/headlines/64567967.html

October 17, 2009 Posted by TN Momma06 | Family Court | | 3 Comments

Jury set to decide if boy’s death was intentional or accidental

Posted: Oct 16, 2009 8:02 AM EDT Friday, October 16, 2009 8:02 AM EST

Ken Taylor Ken Taylor

By ERICA ESTEP
6 News Anchor/Reporter

ROGERSVILLE (WATE) — A Hawkins County jury is scheduled to begin deliberations Friday morning in the trial of a Morristown man accused of strangling his foster son.

Ken Taylor is accused of intentionally choking to death his foster son, Jordan Shelton, 16, in October 2007. His defense attorney has said Taylor was defending himself and the death was accidental.

Taylor is charged with first degree murder, but the jury could find him guilty of a lesser charge, including:

  • Second degree murder
  • Involuntary manslaughter
  • Reckless homicide
  • Criminally negligent homicide
  • Attempted aggravated child abuse
  • Attempted aggravated assault
  • Aggravated child abuse
  • Aggravated assault
  • Reckless aggravated assault
  • Reckless assault
  • Assault
  • Child abuse

In its closing statement to the jury Thursday, the state said Taylor strangled Shelton for three to five minutes and continued to apply pressure after he was limp.

Defense attorney Herb Moncier argued that Taylor had a right to restrain the out-of-control teen and protect himself, his family and his property when Shelton knocked him down.

http://www.wate.com/Global/story.asp?s=11325572&clienttype=printable

October 16, 2009 Posted by TN Momma06 | Brian A Settlement, Childrens Rights.org, CPS, Federal Lawsuits, adoption, child custody, child neglect, child protective services, child services, child welfare, constitutional rights, court corruption, court reform, department of human services, equal protection, due process,discrimination, failure to protect, family law, foster parents, guardian ad litem, murder, parental rights | | 1 Comment

Civil Rights Law –

or civil liberties – derive themselves in the original Bill of Rights, the first ten amendments to the Constitution, and have been expanded since with the several amendments to the Constitution, most notably the 13th through 15th Amendments, though many might argue that for the first time in American history, our civil liberties are no longer expanding, but might, in fact, be narrowing with the Patriot Act. Civil liberties deals primarily with those constitutional amendment that give Americans the right to freedom of religion, speech, to peaceably assemble, to carry arms, to be free of discrimination, and the rights to be free of search or seizures without probable cause. Each of these will be discussed in further detail in other sections.

http://www.legal-definitions.com/civil-rights-law/civil-rights-overview.htm

October 15, 2009 Posted by TN Momma06 | Family Court | | No Comments Yet