Bittersweet Justice: New Jersey-Child Death

Occasionally there is justice for those negatively affected by the child welfare and adoption systems. Unfortunately, it is usually bittersweet and much too late. This will serve as REFORM Talk’s justice files.

New Jersey paid nearly $7 Million ” last year to settle lawsuits brought on behalf of three foster children harmed in a system created to protect them, according to information from the state Attorney General’s office. The state admitted no wrongdoing.”

“The foster care lawsuits represent 15 percent of the $51.7 million the state paid out in 317 suits last year. But attorneys and child advocates say these lawsuits are among the most tragic because DYFS acts as the de facto parent when children are removed from abusive or neglectful homes. The agency is responsible for screening, training and monitoring foster parents. “

“Allegations of abuse and neglect in foster homes, schools and other institutions are investigated by a different team than the employees who investigate complaints against a child’s parents. This team, the Institutional Abuse Investigations Unit, has delved into more than 3,000 allegations a year, with one-third of them against foster families, Kidd said.

The percent of allegations confirmed against foster parents or caregivers in other “institutional” settings — such as day care centers, camps and schools — is very low. In 2009, the unit confirmed 2.75 percent of all allegations, down from 7.6 percent in 2006. “

The Case of Nate

“Nate was 8 years old when he first accused his foster mother of abusing him. But it took several complaints over a number of years before state child-welfare investigators could prove she was abusive and move him to another foster family.

Then the boy was abused again in another foster home — this time by his foster mother’s son.

“He was taken from his mother at a very young age. He was in 22 different places over the course of his life,” said attorney Joel Garber of Voorhees, who represented the boy and his adoptive family in a lawsuit against the Division of Youth and Family Services. “This kid has been through it all.”

Nate, now 17 and living in Colorado with his adoptive family, received $1.2 million last year from the state to settle the suit. “

The Case of Xavier

“[T]he June 7, 2006, death of 21-month-old Xavier Jones, who swallowed a bottle of methadone that belonged to a relative living in the foster home — occurred afterward. The state has already publicly acknowledged mistakes in that case.

The state paid $800,000 to Xavier Jones’s family”

The 28-page review of his case by the New Jersey Office of the Child Advocate can be found here. The summary is as follows:

“Reportedly, early in the evening on June 3, 2006, Xavier found the methadone in a closet in the resource family home. The methadone was prescribed for the biological daughter of the resource parent. Xavier did not receive medical attention at the time symptoms of his methadone ingestion were detected. There is no evidence in the investigation records that the resource family ever tried to call poison control. By report, he received home treatment with an emetic and a suppository after his ingestion. He vomited and was then allowed to sleep. As expected after an opiate ingestion, he began to have depressed respirations and apnea (irregular breathing). He had a respiratory arrest while in the resource home and received some mouth to mouth CPR from an adult in the resource home and perhaps on the way to the hospital in the car.

Investigation notes indicate that Xavier had difficulty breathing and showed other symptoms at approximately 9:00 pm on June 3,2006. EMS records show that there was an abandoned call from the resource home at 10:25 pm on June 3, 2006. His resource parent proceeded to take Xavier to the Columbus Hospital ER in her own vehicle where they arrived at 10:35 pm. At the time Xavier was admitted to the Columbus Hospital Emergency Room (ER) he had no pulse and no respirations.

Further resuscitation occurred in the Columbus Hospital ER, and the child was transferred via EMS transport to the Pediatric Intensive Care Unit at Newark Beth Israel Children’s Hospital where he remained a patient until his death. On June 7, 2006, Xavier Jones was declared brain dead by neurological protocol and was removed from life support. “
N.J. paid $7M to settle lawsuits from three abused foster children
[New Jersey Online 4/25/11 by Susan K. Livio]