How Could You? Hall of Shame-Gary Paul SmithUPDATED

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 Amherst County, Virginia, adoptive and foster dad Gary Paul Smith was “convicted last week on five sexual abuse charges against two girls under the age of 10.”

“A foster mother says she came forward years before an Amherst County man was arrested on child molestation charges, but the Lynchburg Department of Social Services did nothing.”

“The foster mother says shortly after a young girl was put into her care, the then 9-year-old girl, told her that she was sexually assaulted while at Smith’s home in 2008.

However, after she told a Lynchburg caseworker about the sex abuse her foster child had gone through, the foster mom said that the caseworker “chuckled under her breath and went on with another conversation.”

“I thought it was the law that you have to report those things.”

According to court documents, the complaint was never followed up. Years later, investigators arrested Smith for molesting a child.

“I was on social media and I saw when he was arrested and I asked my daughter if that was him, and she said yes.”

For the next year, the foster mom said the two worked together with investigators to bring more charges against Smith.

“For her to sit down in front of me and the people that were in my home at the time and cry and look at my like ‘at least he is going to serve for somebody is a big deal.”

Now she says her mind is plagued with “what ifs and maybes.”

“Maybe if I had pushed her harder, other children wouldn’t have gone through this. Maybe it would’ve stopped a long time ago. What in the world took so long for this to come out?”

The Amherst County Department of Social Services released a statement to WSET. It reads: “If a foster mother made a report or complaint regarding the alleged 2008 incident to the child’s foster care social worker, then such worker would have been mandated by Virginia law to report such matter either to the statewide child abuse hotline or specifically to the social services agency in the jurisdiction where the abuse occurred. Amherst County DSS did not receive any such referral regarding the alleged 2008 incident.””

Foster mom: Lynchburg Social Services didn’t investigate child molester[WRIC 5/5/15 ]

“50-year-old Gary Paul Smith was convicted of molesting two foster children that had been placed in his home.

Those close to the case say there are still two foster children left in the home Smith shared with his wife, in addition to several adopted children.

ABC 13 asked the Lynchburg Human Services Director if her office had any plans to remove their foster children still living in the home, and she said no.

One local family attorney says that is not necessarily unusual. In fact, removing a child from a home – even when there is an abuse or neglect investigation going on – is usually the last resort.

Attorney Sarah Bell could not speak to the specifics of this case, but she says the law requires all other options to be explored first – which includes limiting or barring contact between the offender and the child.

If the offender is no longer living in the home, as is the case with Gary Smith, social services may have a hard time proving that there’s enough of a threat still present to remove the child.

“The court’s coming at it from a perspective where they’re hearing everything, and these cases by their nature are confidential. So, folks really don’t know the whole story, ” Bell said.

According to Bell, this is where a guardian ad litem comes in.

That person serves as an appointed advocate for the child to communicate directly with the court on any concerns the child may have about being in a home.

Bell says anytime an abuse or neglect allegation goes to court, all children involved will be appointed a guardian ad litem.

After trying several times to reach the state Department of Social Services, they have not been available for comment.”

Local Attorney Weighs In On State Child Abuse Laws Following Foster Care Allegations[WSET 5/6/15 by Whitney Delbridge]

REFORM Puzzle Pieces

 

Update: This is the most God-awful update!

“Two of convicted child molester Gary Paul Smith’s adopted children have been returned to his home.

Smith is out on bond, until his sentencing next month.

And he has been ordered to stay away from that home.

It was a heartbreaking scene Monday to see the 11-year-old child be taken from her foster parents’ arms.

An ABC 13 camera was there as the child was picked up by a court appointed person, to be returned to the Smith home.

Foster parents Bonnie and Ricky Smelser watched her ride away back to a home they say she no longer feels safe in.

“She’s petrified. She’s made herself sick all weekend,” said Bonne Smelser.

The move to send the girl, and another, back to the Smith home, was ordered by Amherst County Judge Jeffrey Bennett last week.

Amherst Police investigators say both girls have accused Gary Paul Smith of sexually molesting them.

“When she first came to us she was not verbal. She was very traumatized, a shell of a child,” said Bonnie Smelser.

ABC 13 asked who the girl alleged as the perpetrator.

“She is alleging her adoptive father. That would be Gary Smith,” continued Smelser.

In May, Smith pleaded no contest to three charges of aggravated sexual battery and two charges of taking indecent liberties with a child.

On May 4th, officers searched the Smith’s home.

Laraine Smith’s attorney told us Laraine knew nothing about any allegations against her husband until last year’s investigation began.

The lead investigator in the case, Tim Mayberry, tells ABC 13 he feels strongly the girls should not be returned to the Smith home.

There is a protective order the courts have put in place – ordering Gary Paul Smith to stay away from his home.

But the foster parents are very worried about the child’s well-being.

“But the real evil in this case, one is parents who sexually abuse their children,” said James Downey, the child’s Guardian Ad Litem.

The Smelsers say he could’ve done more to keep the child from returning to the Smith home.

But Downey argues state and federal laws mandate that judges in these cases make very difficult decisions, in a limited time frame and that the goal is almost always to send the child back to the parental home.

“The second evil is these guidelines,” said Downey.

Gary Paul Smith’s sentencing is scheduled for August 19th.

He retains parental rights to those children.[Say what?????What is wrong with this judge and DCF?]

ABC 13 reached out to Laraine Smith, through her attorney.

The attorney told us she is not interested in doing an interview.”

Foster Children Returned to Convicted Child Molester’s Home [WSET 7/15/15 by Suri Crowe]

Update 2:“Gary Paul Smith, who was convicted earlier this year of sexually assaulting two young girls, was sentenced Wednesday to two years and three months on five charges. The judge ordered Smith to have no contact with his victims, and no unsupervised contact with any minors.  Smith must also register as a violent sex offender.”

Update: Foster Dad Convicted of Sexually Assaulting 2 Girls Sentenced [Wsey 8/19/15 ]