Director Schaffner Wants Sex Abuse Victims To Hide!

September 29, 2012

By Attorney David Engler

This week I stood in the parking lot of Trumbull County Children Services with two brave young women. We were very close to the spot where they were sexually molested as 12 and 13 year olds. It took so much courage for them to get in the car with me and drive to a group of awaiting cameras including their old caseworker who stood outside during his work day filming the young women. The two recounted how they were preyed upon by a Youth Leader woman that was hired to protect them while at children services. This Dorm Mother actually would take overtime so she could sleep with one of the three girls during the night.

There were three girls age 12, 12 and 13 when the sexual abuse first started.

Image credit:  123RF Stock Photo

 

They each were left into the care of the Government because their own homes were broken, parents were addicts or a father was a molester.  Each of their lives had not been easy but they have overcome extreme cruelty to become good mothers, daughters, friends and employees.  Each of the three have given me more inspiration then what I could possibly gain from representing them.

The cruelest comment, after we announced a lawsuit against CSB for employing a pedophile, came from the Director Tim Schaffner.  His response to finding out that three preteens  were sexually abused by an employee was shocking. He said he was appalled that Attorney Engler would expose these girls. I have encountered many tone-deaf Government types in my 26 years of practice but this is the worse. Instead of expressing outrage that the abuse happened, or expressing concern for the girls, or being troubled… he was appalled that the girls would dare show their sweet faces This guy is running an agency that is supposed to protect children. These girls are heroes for giving a face to childhood sexual abuse. If you’re a victim you do not have to hide in a closet. The shame is not the victims but the pedophile and the agency that employed her and did nothing to stop her and protect young girls who could not have been more vulnerable.

Since I have first stepped up to take on the agency that permitted a known pedophile to rape a baby at its own office, I have been swamped with the calls of victims or parents or grandparents who are suffering at the indifferent hands of Trumbull CSB and others throughout the State. Others have joined the fight with the notable exception of no elected officials or judges who place kids into CSB. I cannot figure out how many murdered or abused children it takes before someone in power cares to act.  I suppose this is the same sort of thing that happened at Penn State. 

As an attorney we are taught to stay dispassionate from our clients in the course of litigation. I am shaking with anger. My clients are each beautiful, intelligent, caring young African-American women. They needed good foster parents to have taken them out the CSB hell they were placed into. But the reality is people want babies not young teens. I told each of these girls that I would have been proud to have been their father. I am not sure I could be a foster parent now but wish I had known these girls when they were 12.  There are other children out there.  They are victims of all sorts of terrible things. It is so sad that they had to be insulted and victimized one more time by a Director who believes victims of abuse should hide their faces. Shame on you Director Schaffner.

Attorney David Engler

Phone: 330-729-9777

http://www.DavidEngler.com Attorney Engler’s website

Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal


Abused Adults

April 3, 2012

By Attorney David Engler

Adult Protective Services (APS) is responsible for investigating reports of suspected abuse, neglect, or exploitation of Ohioans aged 60 and older. Similar agencies exist in every state. APS is part of each Ohio County Department of Job & Family Services (CDJFS). The Ohio Revised Code defines “abuse” as infliction upon an adult by self or others of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish. “Neglect” is defined as the failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services. “Exploitation” means the unlawful or improper act of a caretaker using an adult or an adult’s resources for their monetary or personal benefit, profit or gain.

Lady

APS can petition Probate Court for a temporary restraining order to prevent interference or obstruction of its investigation by any person, including the abused adult. The court must find (a) that there is reasonable cause to believe the adult is being or has been abused, neglected, or exploited, and (b) that access to the adult’s residence has been obstructed. APS can also petition the court to approve a service plan providing involuntary services. The adult must receive a notice describing his or her rights and the consequences of a court order at least five working days before a hearing on the petition. An indigent adult has the right to a court-appointed attorney. Notice of the hearing must also be sent to the adult’s guardian, attorney, caretaker and spouse.
The court must find by clear and convincing evidence that (a) the adult has been abused, neglected, or exploited; (b) the adult is in need of protective services; (c) the adult is incapacitated; and (d) no other person authorized by law is available to give consent. If the court so finds, it must issue an order requiring protective services for up to six months, but can be re-authorized for up to a year.

But like with any governmental organization, APS can be too intrusive. Before they act there needs to be clear authority that an adult can be removed.

Recently, I met a distressed couple who had their Mother literally yanked from their home in the final months of her life. An anonymous tip was given by the Mother’s long time “friend” that she wanted to go back to the care-takers residence. The mother was in full scale dementia and would answer a few questions correctly and if asked would parrot the name of the “friend.” In horror the family of the elderly woman watched as APS took the mother from their home and moved her back to the friend’s house. After the Mother was there the friend arranged for her entire estate to pass to him. An attorney helped in the sham transfer.

In a matter of months the family desperate for help asks the Probate Judge to order an evaluation of the Mother. She had dementia for at least a year and was unable to make any decisions on her own. Be careful when a governmental agency says that it knows best. Hold on to your liberty because they are about to snatch it from you.

Probate Court acted quickly but it was too late. The Mother died a few days after the mental health assessment. Her possessions real and personal would have passed to the children, but for the friend getting everything transferred.

More than the money the family loss the beauty of being with their parent as she lived her final months. All they are left with is bitterness towards a government going too far and a scrapbook of memories.

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website

Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal Law

Also published on eGuardianship.com on April 3, 2012 http://eguardianship.wordpress.com// and Family Fault Lines Blog http://familyfaultlines.com//


Poor Auntavia. When a child is murdered it should be asked: “What did we do wrong?”

December 29, 2011

A note to my friends: Thanks for your showing of support. I appreciate it. I have written another article for you and hope you will look at it and give me your feedback. I consider the writing part of my job fighting for people.

By Attorney David Engler

Nick Kerosky, the Director of Trumbull County Children Services expressed succinctly the attitude of most bureaucratic children service directors, “There’s no support that it [wrongdoing] ever happened. I don’t believe it ever happened,” Kerosky said.

“While the death of a child is always a tragedy, it is unfair and unethical to assume that a death means that there must be wrongdoing on the part of CSB.” Director Kerosky said in a press release, in response to allegations that the 2003 death of 3 year old Auntavia Diggs was in part due to CSB’s inaction

Kerosky believes that one, two or three children deaths in Trumbull County, Ohio during a 6 year period should not give rise to criticism of CSB. I suppose he is talking about me when he suggests it is unethical to assume a death means that there must be wrongdoing on the part of CSB.

I will not comment about my pending action on behalf of a dad who lost his only child, a daughter, (without being represented,) to a foster-parent who quickly murdered the little 22 month old, strangling the life out of her. CSB said she would be a good foster parent. She left the impression of her ring on the baby’s neck.

No I want to talk about poor Auntavia who was tortured, burned and then murdered by people CSB said were appropriate to watch children.

Relatives say Ethel Wilbert-Bethea who is serving 21 years for murder reached out to CSB three times to give the baby back. CSB’s records, which we learned from the State Audit are sometimes ‘adjusted after the fact’, reflect a Hogan’s Heroes Sargent Schultz mentality of “I’ve seen nothing. I’ve heard nothing.”

5 months earlier in 2003, little 4 year old Logan Guiton was murdered while in foster care by Michael Ledger. His head was cracked against a wall in the house where he was placed by CSB. Ledger is serving 15 years to life. The CSB director at that time said there were no records to suggest CSB had any culpability.

This is the point: when any child in their care dies, it should be assumed that children services erred. An agency should not be afraid to look at itself in every instance and find out how it could have prevented the tragedy.

Look at The CSB mission statement. …it is to protect children in Trumbull County from being abused in their schools, homes and to especially protect those children from the most likely abuser, a family member. The standard of care becomes even greater when the child falls into the care and custody of CSB. It would seem that a child being molested in CSB’s own building would be a clear case of a colossal CSB screwup when it was known or should have been known that the father was a voracious sexual predator who had his siblings removed from his home when he was released by department of Youth Services. While in Mahoning County lock up as a juvenile, he was a sexual predator. The grandmother complained to CSB about him being a sex offender. CSB does not keep notes, when it does not fit its story.

Trumbull County Children Services Bureau fails when a child gets sexually abused. Anywhere. Anytime.

It will happen again. And at every turn CSB should be asking itself what did we do wrong. This doesn’t mean CSB will be sued. It is a fundamental shift in philosophy from what Kerosky said about the murder of poor Auntavia, to a more principled belief, that when it comes to the safety of our children there is no margin of error. There can be no hesitancy to act. Each tragedy should be a moment to learn from mistakes and work harder to prevent the loss of a child in the future. CSB is protected from just about every form of liability except the one that springs forth from the expenditure of 15.5 million dollars of taxpayer money each year to affirmatively keep kids from dying. CSB is in a statistical tsunami of children’s deaths and abuse and its answer is to say bad things happen. The rate of children’s death by caregivers in Trumbull County is either a statistical anomaly or an indication that something is broken and needs fixed.

“Poor Joshua! Victim of repeated attacks by an irresponsible, bullying, cowardly, and intemperate father, and abandoned by respondents who placed him in a dangerous predicament and who knew or learned what was going on, and yet did essentially nothing except … dutifully recorded these incidents in [their] files.” It is a sad commentary upon American life, and constitutional principles – so full of late of patriotic fervor and proud proclamations about “liberty and justice for all” – that this child, Joshua DeShaney, now is assigned to live out the remainder of his life profoundly retarded. Joshua and his mother, as petitioners here, deserve – but now are denied by this Court – the opportunity to have the facts of their case considered in the light of the constitutional protection that 42 U.S.C. 1983 is meant to provide.”

This was the famous dissent given by Associate Justice Harry Blackmun in the DeShaney v. Winnebago County Children Services case that stands as law today. The mother of Joshua had sued the county CSB for allowing the child to go back to the care of his father despite a clear indication that the father was a child abusing bully. A child was abused by his father and CSB failed to act. The majority in the case stated that Joshua could not recover from Winnebago County because the federal laws are meant to protect violations of a state actor, not a private actor like Joshua’s father or in the case in Trumbull County, Wilbert-Bethea who murdered Auntavia. The Supreme Court did say that there might be state court remedies, but those are unlikely since governmental immunities protect CSB from all but the most egregious acts of indifference. They are not protected however when the offender who kills or molests is an agent of the State like a foster parent or the harm takes place on its own property.

It is unlikely that CSB will change from within and become the type of agency that understands that every death of a child is one too many and at each death or each incident of abuse CSB should ask itself what it did wrong.

Our victimized children do not fail us, we fail them.
CSB is given $15.5 million dollars a year to perform a job the rest of us believe is proper and right.

And this is not a condition that is found just in Trumbull County, Ohio. It has happened with three murders of children in Hamilton County this past year.

The State of Florida, after the sickening murder of a young boy and girl by their adoptive father, revamped its entire child protective service organization to allow not-for- profits and faith based groups a chance to be held more accountable than government agencies grown indifferent with time and attitudes of “it wasn’t me.”

Yes there should be no shame in each time a child is murdered, abused, or abandoned for the wealthy tax payer funded agency to say to itself, “what did we do wrong.” Not to take this attitude will only lead to more unspeakable horrors.

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal


It’s Never Too Late To Make a New Friend

December 28, 2011

By Attorney David Engler

Wanda and Stella
Wanda and Stella

Wanda is my Mom. Parkinson’s disease has slowly but assuredly taken her strength and her voice. The stroke on the Royal Wedding Day this spring did not help matters either. But as the New Year approaches she is in the Maine Veterans Home. She does not want to see her 86th year. She has prayed to her husband and my father, Bill who passed 21 years ago, that she wanted nothing more to do with her worn body. They met 59 years ago. She was a nurse at the VA hospital in Cleveland and he was a disabled vet getting a degree at Kent State.

Stella is 93 and cancer is fighting her will and she knows the battle is nearly over. The last great battle she saw was working as an Army nurse in England helping to heal GI’s as they returned from Normandy. Not coincidentally she married a soldier whom she met a few years later and he took her to Maine. Over time she would have two children and help turn a family owned bar and grill into a large seafood wholesaler specializing in selling Lobsters, of course. The great irony Stella explained was that she could never taste what her family sold because she was allergic to shell fish which should not be confused with seafood.

About 15 months ago we moved Mom from her home in Ohio to live on the first floor of my sister’s home in Maine. She was falling and insisted that she could care for herself; the reality was she could not make the one step from the living room to the kitchen.

So off to Maine she went. The state motto is “Life As It Ought To Be”. My sister is busy with an 8 year old adopted Chinese whirlwind named Molly and a professorship at the U of Maine. Three 911 calls in 6 months and it was clear that Mom needed nursing home care. So in May of this last year she gets put in a room with Stella. Stella’s hair is wispy from the many chemo treatments she received to slow down cancer’s assault. Long before the cancer her hearing went. She seems to fill in the words if you can talk loud enough. Mom had one good eye before the stroke and Parkinson’s and now that one went bad. Reading and watching the news was a daily companion, now she can just listen to Ann Curry.

The room looks like any other nursing home. Cards crowd the bulletin boards and the closet door is a backdrop of art work created by grandchildren. What makes the room a home is each other. The nurses and aides see the two holding hands trying to make sense of a death that is unscheduled but waiting. It was Stella who told the staff that she and Wanda have a pact that they would like to hold hands and race into heaven together. The spunky nurse from Portugal attracted to Maine by her country’s fishing heritage, said “It was more like a turtle race to Heaven”, since neither seemed closer to the end despite their bodies having months ago failed.

So it was on Christmas Day this year that I traveled to surprise my Mom. At first she did not recognize me. I have heard how hard that is to hear. But after a few minutes she asked about each of the kids that she raised when they were small and that I feed her a favorite dark chocolate mint from Philadelphia Chocolates. It was my favorite Christmas memory. And what I took home was this picture I snapped with my iPhone that neither old nurse could have imagined. A new friend was made in what will surely be their last year on this Earth. It is the power of a touch of a hand and someone that cares when you least expect it.

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal


Brains Shrink, Heads Grow!

November 1, 2011

By Attorney David Engler

Heads get bigger as we get older!

The terrible irony of getting older is that the physical size of our head gets bigger as the size of our brain decreases. I have seen pictures taken 20 years ago and I can hardly recognize myself. The hair has fallen out, grayed and my eyelids droop. I have not invested in plastic surgery but will do so as soon as it is offered inside a Wal-Mart store, like it’s eyeglass center or banking services.

A new study in the Proceedings of the National Academy of Sciences states that human brains are unique in that they can shrink up to 15% in a lifetime. Before this study it was assumed that all primate brains had shrinkage. Turns out it is only us.

By 2030 about 1 in every 5 people in the United States will be over the age of 65. This is twice the number of elderly than just a decade ago according to the U.S. Administration on Aging.

The brain shrinking conditions that affect the elderly can be depression and Alzheimer’s disease. These diseases of course can be a by-product of the shrinking brain. In a terrible commentary on most of us over 50; poor memory may stem from a fractional shrinkage in the hippocampus. This is when you forget a friend’s name or forget an appointment. My brother believes he has CRS. When I asked him what that diagnosis was he said, “Can’t Remember Shit.”. My mother firmly believes that it might have had something to do with pot smoking during the seventies. I knew nothing about these claims and the statutes have long passed.

So we live twice as long as chimps and this might explain why our brains start to shrivel. They only live into their 40’s. A shrinking brain is the neural equivalent of sore knees and stiff fingers. Perhaps we need to forward this blog post to our children so they can be patient with us. (if you can remember)

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal


80 Year Old Gets Probation Over Punching Obsessive Putter

October 25, 2011

By Attorney David Engler

Golf on your mind?

In Florida if you punch a guy over 65 in the nose it is a felony. No matter what.

A Sheet and Tube Mill retired mid-level executive and his retired school teacher wife moved to a Condo golf course townhouse near Naples. A boy who had grown-up in Brier Hill during the forties, went to Korea, worked at a mill in purchasing, was now taking it easy. He would visit the grandchildren every winter holiday back in Youngstown, Ohio, play golf and sometimes drive over to see the dogs race. Brier Hill was a melting pot of immigrants and their children. Everybody had a church…Poles, Italians and the Irish like him. Mac learned to play golf at the nine-hole-public course, up Fifth Avenue, closer to where the wealthier people lived. You could not spend more than $20 for a season. The beer gardens were nearby for after a round, where everyone knew who was a golfer or a sandbagger.

Down South, where he and Lorraine now lived, just outside his very modest townhouse; the sliding glass patio door was just 10 feet away from the practice putting green. Every day another retiree from New Jersey who had worked in retail clothing and lived at an even more modest condo further away from the Ocean, practiced his putting and very little chipping. The 30 by 30 green was close to one of those many man-made drainage ponds that courses gussy-up and call a lake. Herb, the guy from Jersey, apparently suffered from a BiPolar Disorder and retired early and moved to Florida. He was 69. His wife was happy anytime Herb was out of the house. So Herb joined the closest golf course at River Wind and obsessed over putting. He was on the practice green for more than three hours a day, 10 feet from Mac. Mac was getting older by the day and had always been an unreasonable man. And it is suggested by research, that early onset dementia can start to turn a cranky person, even crankier.

Day after day Mac either sat in his condo looking out the screen door, past the small concrete slab of a porch, at Herb, the skinny guy from New Jersey putting hour after hour. Or if it wasn’t too hot, Mac would sit on his porch and look at him. Mac believed that a man ought to be able to sit on his back porch drink Buds, eat grapes and spit seeds and not have to look at Herb. So after Year 3, Month 4 of the incessant putting, Mac starts with the comments. Mac had no idea of Herb’s ethnic background, place in life or mental history. He decided to call him everything and anything for days under his breath, but loud enough for a 69-year-old guy to hear. The day In August was hotter and stickier than most Florida days; and the war began. Herb mouthed something back and Mac arose from his canvas-back camp chair, strode 7 f feet and landed a blow to Herb’s nose. Down goes Herb. One of the dozens of other old people simply looking out their screen doors for amusement and a chance to spot the book club girls making the turn at 10, called the Police.

Herb was okay. But since he was a senior (someone over 65 in Florida) it was more than a misdemeanor assault; it was a felony. Herb could care less than he got decked by a guy 11 years older than him with two replacement knees. No, Mac had to be stopped. A couple of the condo ladies agreed and let the Judge know it. Mac was too proud to hire an attorney. The Judge would have to be a fool to see that a man should not have to look at the same lame golfer taking thousands of putts all within the reach of a grape seed spit. Maybe one of the condo commandos had some clout because the Man in the robe came down heavy on Mac. He was given a death sentence. Five Years reporting probation and HE WAS NOT ALLOWED TO GOLF! The $500 dollar fine and court cost was nothing All those years paying a silly HOA fee and paying off the mortgage so he would never had to see another house payment in his life; and “this is what he gets?”

If he wants to go back North, he needs the permission of his probation officer. He stills sits on the porch and reruns the injustice in his mind. None of his kids bring it up at family celebrations, because they know Dad won’t stop talking about it. Herb no longer plays golf at River Wind anymore. In fact someone thought he had died. Two more years of probation and maybe he’ll play again. Or maybe he won’t since that would be a good way to show the traitors that turned him in that he could hold a grudge.

There is no real moral other than 1) get an attorney, 2) older people can get cranky and could use the help of a therapists 3) the law shouldn’t apply if you are an older person hitting a younger person and 4) do not in any manner, piss off a guy from Brier Hill!

As with all of our stories, the people and stories are real, but the names have been changed. In every case we have received the permission of our client to tell the story.

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal


Standing in the Nursing Home Doorway: Do you sign?

October 17, 2011

By Attorney David Engler

You are at the nursing home. It was a terrible decision you had been forced to make because your Mom had told you years before that she never wanted to go to a nursing home. She said she would rather die.

As if that weren’t bad enough, the nursing home now is asking you to sign something as you and your mother are standing in the doorway!

If you are standing in the doorway and you are asked to sign a contract, understand your rights.

Your Rights
Under federal law, no one is liable for the cost of care in a nursing home except the resident, no matter if the relative signs the contract or puts a Power of Attorney (POA) next to the name.

The nursing home cannot ask for a deposit upfront as a requirement for admittance. They cannot ask for a ‘gift’, to expedite admittance.

The nursing home cannot deny admission just because the resident is going to pay with Medicaid benefits.

The nursing home cannot require that the resident be on private pay for so many months before Medicaid is applied for.

The nursing home may not charge a resident for failure to notify them in advance that he or she is going to leave.

Nursing Home Stress
The bottom line is to know what you are doing at this very stressful time.

I would suggest not signing any contract.

The only recourse a nursing home would have against a relative is if they believe and could prove that the relative depleted assets belonging to the resident that could have been used to pay for care.

If you have a question email me at davidengler@eguardianship.com or call my office at 330.729.9777.

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal


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