How Could You? Hall of Shame-Ireland-Foster Parents and Lawsuit Updated

By on 1-30-2016 in Abuse in foster care, Grace, How could you? Hall of Shame, Ireland, Lawsuits

How Could You? Hall of Shame-Ireland-Foster Parents and Lawsuit Updated

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Ireland,”between 1983 and 1995, 46 children — many of whom had physical and mental disabilities — were placed in foster care with an abusive family in the south-east of the country.”

“One victim, or “service user” as they are referred to by the HSE, who had an intellectual disability, was placed in full-time foster care with the family in 1989.

This arrangement lasted until 2009 at which stage the HSE removed the victim who was placed in an “appropriate full-time residential placement”.

Health bosses have been accused of failing to fully investigate allegations of sexual and physical abuse as well as neglect of children at that foster home during that time.

Some of the allegations made known to the HSE by two whistleblowers detailed sexual abuse of a most extreme nature.

In one case, one of the children, who was unable to speak, was removed from the home and subsequently acted out some of the sexual abuse to which she was subjected.

It was also detailed how children were locked underneath the stairwell by the foster parents. She and her family were later told that her allegations could not be prosecuted as she would not make a good witness because she cannot speak.

The concerns were initially reported to the HSE in 2009 with a €100,000 internal report produced in 2012. That report, into “Service user 42” was conducted by Conal Devine but has yet to be published.

The HSE in the new documents insist it would like to publish the report but has been prevented from doing so on foot of requests from gardaí.

These claims have cut little ice with leading members of the Public Accounts Committee (PAC), which has investigated aspects of this saga in recent months.

There were cross-party calls for an investigation into the HSE’s handling of claims that up to 40 intellectually disabled children were sexually abused by a foster care family over two decades.

Members of the PAC who are familiar with the case made the call and insisted that the Devine report be published. Fine Gael and Fianna Fáil TDs John Deasy and John McGuinness said a commission of investigation must be set up into the claims and alleged a “clique of HSE managers” covered up the abuse.

While the HSE has rejected the allegation, saying it has conducted its own investigation and is helping gardaí with their inquiries, the TDs said the 2012 HSE report has yet to be published and was conducted by former HSE managers without any tendering process.

They maintain that an independent investigation is required.

Shortly before Christmas, on foot of a decision by the Information Commissioner, the HSE produced a report to members of the PAC in which it for the first time, accepted liability for a failure of care to those victims involved.

“The HSE has made arrangements to meet with the service user, who was the subject of the Devine report, to apologise for the significant failings of the service in meeting the service user’s needs over such an extended period of time,” the report states.

Throughout the new document, seen by the Irish Examiner, the HSE insists new protocols and safeguards have been put in place.

It insists that it “accepted the recommendations” in the unpublished Devine report and “did not wait for the report’s publication in order to improve the service and management deficiencies identified”.

Both Mr McGuinness and Mr Deasy are less than satisfied with the HSE’s response to date and the matter is set to dominate this week’s meeting of the PAC on Thursday.”

 

Sex abuse cases: Forty-six children placed in foster care with abusive family [Irish Examiner 1/20/16 by Daniel Mc Connell]

“Serious allegations that vulnerable people with intellectual disabilities suffered decades of severe sexual abuse at the hands of a foster care family will be forwarded to the garda commissioner over claims the issue is being covered up.

A powerful Dáil committee agreed to take the action today after hitting out at the ongoing delays in examining and resolving the situation.

As revealed by the Irish Examiner earlier this week, over Christmas the Dáil public accounts committee received a significantly curtailed, 24-page version of a 200-page report into serious allegations of sexual abuse in the south east.

The report is based on claims a single foster care family in the south east, with whom more than 40 vulnerable children and teens with severe intellectual disabilities were placed between 1983 and 2009, abused a number of the individuals in their care.

The then South Eastern Health Board became aware of concerns in 1992, before social workers were told to remove all children in 1995.

However, due to a serious error that continues to have ramifications today, one woman who was mute was accidentally left with the family until 2009, allegedly suffering severe sexual, physical and financial abuse during the period.

When the mistake was uncovered in 2009 the HSE removed the woman from the placement and opened the first of a series of investigations into what happened, which managers were responsible and what disciplinary measures were needed.

However, despite these reports costing hundreds of thousands of euro and having been concluded a number of years ago, none have been published – with the 24 pages obtained by the PAC only provided after a 16-month Freedom of Information Act battle between the HSE and a whistle-blower social worker who has repeatedly pushed for all records to be released.

Hitting out at the ongoing delays at today’s PAC meeting, committee chair and Fianna Fáil TD John McGuinness and committee vice-chair and Fine Gael TD John Deasy lashed the HSE for what they have claimed is an attempt to cover up what happened.

After discussion among the cross-party committee, it was agreed to forward all files to garda commissioner Noirin O Sullivan and the Department of the Taoiseach in a bid to ensure action is taken.

The HSE’s position throughout the affair has been that it cannot legally publish the reports into what happened until a long-standing garda investigation concludes.

However, Mr Deasy said this is a smoke-screen to prevent information from being released, and that officers are now examining whether they can take a “criminal negligence” case against HSE managers responsible for what happened.

While the HSE has claimed it apologised directly to the birth mother of the woman who was allegedly victimised in the home, Mr Deasy said he has spoken to individuals close to the process and that no apology was ever made.

Update (2.05pm): “We agreed this morning to forward all the paperwork relative to this case to the Taoiseach’s office, because it goes to the heart of Government in terms of the reform that’s necessary in the HSE, and indeed the change of culture that’s needed in the context of how the State treats its citizens,” PAC chairman John McGuinness has said.

“In this particular case, it has treated vulnerable, mentally challenged individuals in the most appalling way.””

Dáil committee claims HSE trying to cover up sex abuse allegations against foster care family [Breaking News Ireland 1/21/16 by Fiachra Ó Cionnaith]

“Gardai are examining if they can take a reckless endangerment case against HSE employees over alleged foster care home abuse.

It comes after a whistleblower alleged a person with severe disabilities suffered sexual abuse in a foster care home in the south east.

It’s claimed the person remained in the home for 13 years after all other minors were removed and a warning was issued from authorities in the UK.

In a statement, the whistleblower claims the motive of the HSE Local Health Office was not in dealing with these issues – but rather a desire not to expose their failings from the past 20 years.

CEO of Barnardos, Fergus Finlay says the Minister for Health Leo Varadkar has to intervene:”

HSE FACES LAWSUIT OVER ALLEGED FOSTER CARE HOME ABUSE[Today FM 1/25/16  by Sinead Spain]

REFORM Puzzle Piece

Homestudy2

Update:“The alleged sexual abuse suffered by a child in a foster home will shorten her life, according to her family.

The young woman, who has a profound intellectual disability and cannot talk, was allegedly raped with implements, damaging her internal organs while at a foster home in the southeast that is currently the subject of another abuse investigation.

The woman’s family also said there has not been any apology, and that the alleged abuse has never been acknowledged by the health board, or subsequently, by the HSE.

Her family said that, given the severity of the physical damage to her internal organs, the woman needed surgery. “Her condition is deteriorating,” said her family. “When she gets bad, she is bedridden and that upsets her.”

The woman, who now lives independently with the support of specialised staff, was placed in the foster home in the 1980s. The special school was a three-hour round trip from her family home.

“This foster home was registered and the social workers recommended it as the ambulance would pick her up there and bring her to school,” her mother told The Irish Times last night. “I did go and look at it. I trusted the health board.”

Her daughter, at primary school age at the time, stayed initially for two nights a week and this “transitioned into five nights”.

One evening when their daughter was home, says her mother, she was playing with her in the livingroom.

“I said something very ordinary and innocent to her. Her expression changed immediately. She stood up, took off her pants and laid back in a sexual position. I was shocked. I knew immediately something was wrong.”

The family had their daughter examined at a hospital. However, it was not until some years later that the damage to her internal organs became apparent.

Concerns

The family said when they brought their concerns to the health board “no one believed us” and it was implied the girl may have been abused in the family home. She did not return to the foster home.

In 2007, a social worker investigated the case and delivered a report to the HSE making several recommendations, none of which was acted on, the family claimed.

There have been two further investigations, in 2010-2012 and another in 2014, according to the family who said they had seen neither of them.

On December 9th, 2015, the family received a letter from the HSE, saying it intended to publish the reports once clearance has been received from An Garda Síochána.

The letter continued: “Also the HSE apologises for any failings identified to those who received poor care when placed with this foster family.”

Meanwhile, HSE director general Tony O’Brien promised yesterday to give a comprehensive answer to the Public Accounts Committee (PAC) on Tuesday regarding a separate abuse case.

That allegation involves a woman who, as an 11-year-old child, was placed in the same care home in 1989. Despite a warning from a former resident in 1995, she was not removed from the home for another 13 years and was allegedly subject to severe abuse.

Senior HSE officials have been accused of lying to the PAC over disputed claims it apologised to the vulnerable adult.”

Abuse in foster home will shorten victim’s life, says family [Irish Times 1/30/16 by Kitty Holland]

Update 2:”The woman who ran a “foster home” in the southeast, which is to be the focus of a commission of investigation, has denied allegations that children suffered serious sexual abuse in the house.

She described allegations of sexual abuse in the house as “nothing but lies” and “cruel”.

Speaking to The Irish Times at her home yesterday, she said she loved “Grace”, the severely intellectually disabled and mute young woman who was left in her care until 2009, 13 years after other South Eastern Health Board(SEHB) placements in the home ceased.

She said the SEHB could have removed Grace had they wanted to do so in 1996.

But a social worker, who she said was now dead, had told her Grace could remain and she was to keep her safe.

The social worker told her that because Grace was 18, she was no longer under the care of the health board.

“They told me I could keep her. If they were trying to move her in 1996, why didn’t they move her then? I was trying to keep her.

“Yes, I loved her. She was like my own, but they could have moved her if they wanted her.

“They said, ‘Do you want to keep her?’ and I said, ‘Yes’. She was like my own. She was very happy here.

“The social worker told me not to let [Grace] go to anybody, to keep her here.

“Then I rang the health board asking to know if they would give me any money to keep her and they said, ‘No’, because when she was 18 she wasn’t their concern any more. That was the end of it.”

Grace was placed in the home in 1989, aged 11.

Adoption application

The woman said she and her husband had tried to adopt Grace but were turned down because her husband, who was 20 years her senior, was too old.

Her husband died more than 15 years ago.

Asked about the alleged bruises sustained by Grace, which were examined at a hospital at the request of a social worker, she said: “Ah stop. That was utter rubbish.

“How could she have been sexually abused when I was looking after her?””

‘Foster home’ carer denies ‘cruel’ abuse allegations [Irish Times 2/6/16 by Kitty Holland]

Update 3:”Terms for a full inquiry into the circumstances of how a young intellectually disabled girl remained in a foster home at the centre of abuse allegations are near being finalised.

The Cabinet is expected to get an update from the Attorney General today about the commission of investigation which was ordered by the previous government into events surrounding the care of ‘Grace’, who was allegedly subjected to abuse after being left in a foster home in the South-East.

Taoiseach Enda Kenny spoke with newly appointed Minister for Children Katherine Zappone yesterday about the inquiry, amid concerns about a separate case in which a young person was left in a foster care home despite allegations of sexual abuse against a carer there.

Ms Zappone said the pending inquiry into the situation surrounding the care of Grace and other children in the South-East was “top” of her agenda.

The minister said she was today expecting an update at Cabinet on the commission of investigation, including details from the Attorney General.

Regarding the inquiry, Ms Zappone said: “My understanding is it is going to go ahead. But we need to have the terms of reference concluded and I was raising that with the Taoiseach’s department this morning.”

Separately, Ms Zappone said she had asked the child and family agency Tusla to examine reports of a separate case where a young person with an intellectual disability was left in a foster home in the Cork/Kerry area. This was despite allegations of sex abuse levelled against a carer there. The teenager was left in the home some 21 months after other children in the facility were removed for their own safety.

Barnardo’s chief executive Fergus Finley has suggested the case should be incorporated into the terms for the commission of investigation due to probe the Grace case.

Meanwhile, Tusla CEO Fred McBride said he and HSE director general Tony O’Brien have agreed they are both willing to review the new case involving a foster home which has emerged. “I spoke to him this morning, we will review that case or cases together.”

Speaking at the AGM of the Children’s Alliance in Dublin, Mr McBride also outlined how he envisaged intervening and helping teenagers in troubled areas in cities.

The newly appointed Tusla chief outlined how services intervened with children at the average age of 17 in Ireland.

However, he said services and intervention with children in crisis needed to take place at an earlier age, as is happening in Scotland, where he previously worked.

Mr McBride described how the police force there had arranged and set up “midnight football” games for teenagers. This intervention helped address antisocial behaviour and such methods for communities could be tried here, he said

“By 2am they [teeangers] are ready for bed,” he told the alliance event at St Patrick’s Hospital, Dublin.

He said that Tusla had an extra €35m for its budget this year which would go towards hiring an extra 170 social workers and boosting frontline support.”

Terms of inquiry due for ‘Grace’ foster case [The Journal 5/9/16 ]

“THE CHILD AND family agency Tusla has acknowledged that it is aware of a case of potential foster care abuse in the Cork/Kerry area.

The case came to light yesterday on RTÉ’s This Week programme where it emerged that two foster children were removed from the home by Tusla but that a 19-year-old with intellectual disabilities was left behind for some time following an allegation of sexual abuse being made against a foster carer there.

The teenager, identified by the HSE as Client B, had been living in the foster home in the area since 2003, and was finally removed from the home in February of this year.

“While it is the policy of Tusla not to comment on individual cases we can confirm that the case of the young adult reported on RTE’s This Week programme is known to Tusla,” the organisation said in a statement.

In all cases where child protection concerns are raised they are risk assessed and appropriate protective action taken.  In the case of a vulnerable adult, where Tusla has had previous involvement and where that vulnerable adult is involved with HSE services both agencies work together to try to resolve ongoing care requirements.

“In the case of the young adult referred to herewith this process was initiated and pursued by Tusla with relevant agencies and this ultimately resulted in a placement change to a specialist disability residential placement under the remit of the HSE.”

The agency said that “no allegation of abuse” has arisen in the case of the young adult in question, while the foster carers involved are no longer providing such services.

“Tusla will be undertaking a review of this case in conjunction with the HSE,” the statement added.

The HSE told This Week the concerns were raised with Tusla before 2016. The organisation said the teenager was moved out of the foster home within one week of it being informed of the abuse concerns.

This instance of alleged abuse is the third such case to emerge regarding foster care facilities this year.

In January it emerged that a child with severe intellectual disabilities, known as ‘Grace’,had been left in a foster home in the Waterford area for nearly 20 years after the other children in the home had been removed following allegations of sexual abuse.”

Child agency admits it’s “aware” of case of alleged sexual abuse at foster home in southwest [The Journal 5/9/16]

Update 4:”A full investigation into the ‘Grace case’ has now moved a step closer.

A report was commissioned last year after serious allegations were made that a woman, who became known as Grace, was sexually abused in a foster home in the South East.

The woman was mute, had significant mental disabilities and was allegedly subjected to the abuse for almost 20 years.

The Minister of State for Disabilities, Finian McGrath has confirmed that the report by Conor Dignam has now been received.

The terms of reference of the report included an examination of the procedures and process followed by the HSE in carrying out reviews of the home.

Mr Dignam was also asked to identify anything that would help to frame the Terms of Reference for the proposed commission of investigation.

It’s unclear when the full report will be published as there are a number of legal issues to be addressed before that can happen.

Minister McGrath says once these are sorted, he will bring the report to Government with a view to then making it public.”

‘Grace Case’ foster home abuse report handed in to Minister[KLCR 96 8/31/16]

Update 5:“The case is being taken by a social worker, one of three people who made protected disclosures raising serious questions about the care of a young intellectually disabled woman.

The woman, known as Grace, was left in a foster home for 17 years after health officials were first informed of allegations of physical and sexual abuse there.

The proceedings are the second legal action against the HSE in connection with the Grace case. A lawsuit for damages being taken on behalf of Grace is not being contested by the HSE. A commission of investigation is also being set up by the Government.

High Court records indicate the social worker’s case was initiated in May.

A statement of claim, detailing the allegations made against the HSE and the relief sought by the social worker, has yet to be filed.

But it is understood damages will be sought for alleged detriment to her reputation.

The social worker declined to comment, citing legal advice, when contacted by the Irish Independent. She is not being identified for legal reasons.

Speaking at the Dáil Public Accounts Committee last February, Sinn Féin deputy leader Mary Lou McDonald said two of the whistleblowers, including the one taking the case, felt they had been ignored by the HSE and had their professional credibility called into question.

She said they complained their reputations had been damaged, and that statements were released by the HSE referring to meetings with their agency that did not take place.

HSE director general Tony O’Brien said it was clear the whistleblowers had “done a significant service”, leading to the removal of Grace from the home and the launching of two independent reviews.

A HSE-commissioned investigation following protected disclosures by the whistleblowers was criticised as “inadequate” in a report by senior counsel Conor Dignam, due to its limited terms of reference.”

‘Grace’ abuse case whistleblower brings High Court action against HSE[Independent 9/28/16 by Shane Phelan]

Update 6: ” The High Court has approved a settlement worth €6.3m for ‘Grace’ , the young woman with intellectual disabilities who was left in the care of a foster family for 20 years despite physical abuse, gross neglect and possible sexual abuse.

President of the High Court, Mr Justice Peter Kelly approved the settlement describing the failure of care in this case as a scandal, write Daniel McConnell and Fiachra O Cionnaith of the Irish Examiner.

Grace’s story has been extensively covered in the Irish Examiner over several years.

In court, the Health Service Executive (HSE) apologised to the woman in court for the failings in her care.

The court heard those failings included inadequate monitoring and oversight of her care and inadequate action to remove her from the foster home after significant concerns had been raised.

 In its apology, the HSE said the care she received “fell short of the compassionate, caring and personalised support that she was entitled to”.

In the letter of apology from Chief Officer Aileen Colley and read out to the court by senior counsel the HSE said it sincerely regretted that Grace experienced “a number of very serious failings” in her care during this time up to 2009.

These included, the statement said:

“Inadequate monitoring and oversight of your care; an absence of necessary liaison between those responsible for your placement in the foster home ; inadequate action to remove you from your foster home after signficiant concerns had been raised and an absence of the necessary protocols and arrangments to support the placement of vulnerable children and adults with a disability in foster families.

It added: “The care you received fell far short of the compassionate, caring and personalised support you were entitled to . For all of these faiilings I wish on behalf of the HSE to sincerely apologise to you.”

The letter concluded: ” I want to reassure you and everbody associated with your care the HSE has taken steps both locally and nationally for continued service improvements, standards and safe care.”

Approving the settlement, Mr Justice Kelly said the reasons why ‘Grace’ was left in the foster care placement in 1996 despite recommendations from professionals and health board personnel that she be moved “remained a mystery”.

He said a decision to move her was reversed by a three-person health board committee, after representations were made by the foster parents to the then minister for health.

He said it remained a mystery as to how that decision was made.

He said it was a scandal when you considered how this young woman had been treated while in the care of the HSE and its predecessor.

As reported in the Irish Examiner, Grace has very significant needs and was unable to speak.

In court, Mr Justice Kelly said there was a suggestion that she had been sexually abused. He said she had certainly been physically abused.

Mr Justice Kelly said a decision had been made in 1996 to remove ‘Grace’ from the foster family. But he said that decision had been reversed by a three-person committee in the health board for reasons which remained a mystery to this day.

He said this was after representations were made by the foster parents to the then minister for health.

He said the decision was made in the teeth of recommendations from the professionals and health board personnel.”

HSE apologises for ‘very serious failings’ after High Court awards ‘Grace’ €6.3m

[Breaking News Ireland 4/27/17]

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