JURY FINDS DCFS LIABLE FOR ABUSE OF FOSTER CHILDREN -- Former Orphans and Former Foster Children Speak Out

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Date Posted: 12:06:26 05/29/01 Tue
Author: Billr
Subject: JURY FINDS DCFS LIABLE FOR ABUSE OF FOSTER CHILDREN

Illinois - Jury finds DCFS liable for abuse
State is ordered to pay $3 million

By Matt O'Connor
Tribune staff reporter
May 25, 2001

A federal jury late Thursday found that a child welfare caseworker failed to
safeguard three foster children who endured horrendous physical and
emotional abuse and awarded damages of $3.3 million to the children.

Cook County Public Guardian Patrick Murphy, who had sought up to $15 million
in damages, said he hopes the verdict sends a message to the Illinois
Department of Children and Family Services to provide "decent foster care
and get rid of lousy caseworkers."

The state, which defended the caseworker, Clifton Woodard, must pay the $3
million, Murphy said.

But Ronald Stearney Jr., an assistant attorney general who represented
Woodard, said he plans to file a motion to overturn the verdict.

"There are still a lot of legal issues to resolve," Stearney said.

Murphy believes the civil rights lawsuit against the caseworker was the
first of its kind to go to trial in U.S. District Court for the Northern
District of Illinois. His office settled a case before trial against another
caseworker for $1 million two years ago.

For jurors to award damages, they had to find that Woodard knew of the abuse
in the children's home but was "deliberately indifferent" in ensuring their
health and safety, according to Murphy and top assistant Peter Schmiedel.

The six-woman, four-man jury deliberated for about 8 hours Thursday.

In closing arguments, Murphy and Schmiedel contended that Woodard's own
notes showed he never visited the children's home during five months of
torture and abuse in 1995.

Even if Woodard had visited the home twice a month as he testified, he
should still be held liable for failing to come to the children's aid
despite their obvious physical and emotional injuries, they argued.

Stearney said that although Woodard may have been negligent, it was not
proved that he was deliberately indifferent, a requirement for damages to be
imposed.

According to testimony, two of the young children were brutally beaten and
all were emotionally traumatized while living with their aunt, Cornelia
Anderson, and her boyfriend, Perry Robinson.

The daily beatings left large raw wounds on the soles of the 1-year-old girl
and scars and sores on her buttocks and legs. Her 3-year-old brother also
had scars and sores on his buttocks and legs.

The other sister, then 10, said she witnessed the abuse and felt helpless
and guilty over her inability to stop it.

Robinson and Anderson were convicted of aggravated battery. He was sentenced
to 15 years in prison, while she received a 10-year prison term.

The older sister and a cousin who also lived in the home testified that they
had seen the caseworker at the apartment only once during the five months
the abuse occurred.

"Had he gone out just once a month [to the apartment], we wouldn't be here,"
Murphy told jurors during the trial.

http://www.chicago.tribune.com/version1/article/0,1575,SAV-0105250350,00.html

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