Lawsuit: Arkansas DHS and CASA UPDATED-Dale Young Jr. Death

“The father of a 5-year-old boy who died in foster care in 2008 is seeking damages in the wrongful death of his son, both from the onetime foster father of the boy and from the state Department of Human Services (DHS).

Attorneys for Dale Young Sr., father of Dale Young Jr., filed a wrongful death suit against Derek Benham in Pope County Circuit Court last week. In addition, a complaint was filed with the Arkansas State Claims Commission against DHS, seeking $2 million in damages from the state agency.
Young Sr.’s complaint alleged Benham brought about Young Jr.’s death by means of assault and battery, aggravated child abuse and negligence and gross negligence.

Benham was arrested and charged with first-degree murder late last year in connection with Young Jr.’s death. The trial is set for July. His lawyer in the criminal case, Little Rock-based William O. “Bill” James, did not return a call Tuesday inquiring if he would represent Benham in this civil matter as well.

No amount of damages were specified in the civil suit against Benham, who was a foster parent of the boy at the time of his death in May 2008, though the complaint did state the plaintiff sought both compensatory and punitive damages.

The compensatory damages sought are for pain and suffering Young Jr. experienced before his death; funeral expenses; medical expenses; the loss of Young Jr.’s life; and injuries, “including mental anguish and grief suffered and sustained by the wrongful death.” The complaint noted Young Jr.’s funeral and medical expenses were paid for by government agencies and programs.

Punitive damages are sought for “pain and suffering of Dale Monroe Young Jr. prior to his death,” the loss of the boy’s life and “anguish and grief suffered and sustained by the wrongful death.” The complaint asked for the damages to be “of such a character, quality and quantity as to punish the Defendant for his conduct and deter others from doing the same.”

The document alleged Benham “had a history of anger management problems” and stated there was documented evidence of Benham’s abusive nature toward the boy. In addition, the complaint stated that on the night of May 4, 2008, Benham, who was allegedly “visibly and noticeably angry” retrieved the boy from his room twice, for a period of about 30 minutes each time. The document stated Young Jr. appeared to have been crying both times he returned to the room.

The boy awoke the next day complaining of a stomachache, and later in the morning began vomiting a thick pinkish liquid and lapsed into unconsciousness. He died the next day at Arkansas Children’s Hospital in Little Rock.”

“Young Sr.’s legal action against DHS alleges “Dale Monroe Young Jr. died May 6, 2008, as the result of the negligence of the state agency.”

The complaint specifically alleges the state agency did not sufficiently investigate Benham before approving him and then-wife, Jennifer Benham, now known as Jennifer Merkey, to be foster parents; “failed and neglected to properly supervise the care, custody and circumstances of the deceased child” while he was in Benham’s care; “knew or … should have known the deceased child was being subjected to significant corporal punishment by Derek Benham” — the document alleged Merkey advised DHS prior to the boy’s death that her husband had exhibited violence toward Young Jr.; did not remove the child from Benham’s control or take steps to assure his physical safety and welfare, “which was the direct and proximate cause of his injury … and eventual death;” and placed too many foster children in the Benham’s care.”

“A probable-cause statement filed in Pope County Circuit Court indicated Merkey told investigators Benham confessed in July 2009 to injuring Young by slamming the boy onto his knee.”

“The boy died May 6, 2008, after suffering a “tear” in his small intestine, a physician at Arkansas Children’s Hospital — where Young Jr. was transported and underwent emergency surgery May 5 — said in November 2009 at an appeal hearing for Benham.”

Young Sr. files suit against DHS
[Write for Arkansas 5/5/11 by Whitney Snipes]

Update: “[L]ast week Dale Young Sr. sued the Russellville-based chapter of CASA, or Court Appointed Special Advocates.

Last year we visited with Sandy Lee, one of several volunteers let go by CASA. Prior to her dismissal, Lee was assigned to a child in the Benham home.

“I called Genney,” recalled Lee. “I told her that there was a problem in that home. Every time I talked to her she would look at me and say…or over the telephone…she would say ‘You’re smart. You’ll figure it out.”

Genney Baker is executive director of CASA’s 5th judicial district chapter.

We also talked with her last year.

“At no point in time did Ms. Lee approach me and express concern for the safety of any child in that home,” said Baker.

A judge (Circuit Judge Gary Isbell) did express concern over the dismissal of Lee and others, stating “…when five dedicated volunteers from a single program suddenly find themselves on the outside looking in, instead of continuing to provide valuable volunteer services to the children in foster care there is a problem.”

“The foster homes are not what they should be,” said Lee. “We all know that. They are not what they should be. And Dale is a prime example of when CASA can’t do their job, when DHS won’t do their job…a child dies.”

CASA is suing Lee, claiming she stole files when she left.

Lee says the files help prove she tried to warn people about Derek Benham.”
Foster Dad’s Death Spawns Lawsuits
[KATV 5/17/11 by Jason Pederson]

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