CONTINUED HARASSMENT BY SOCIAL WORKERS OF A SINGLE MOM WHO HAS DONE NOTHING WRONG.

This case is an excellent example of how the social worker will take even the feeblest report and turn it into a terrifying incident for an unsuspecting and naive parent. In this case, a divorced mom of an eight-year-old boy and two month old baby is reported to Children's Services by an antagonistic boyfriend to have consumed several glasses of wine during her pregnancy. Mind you, this is not an alcoholic, but a professional woman who works in a doctor's office, who drank an occasional glass of wine with moderation. The baby was born healthy, and to even suggest that her actions were abusive or neglectful is ludicrous.

2/1/05 - Jenny Cunningham, a single mom, finds a brochure on her front door from the Cuyahoga County Department of Children & Family Services. At the bottom of the form are two names along with telephone numbers. The first name is Lalita Harris with the title of "My Assigned Social Worker." The second name is Kerry Jacobs, with the title of "My Social Worker's Supervisor." Jenny is unaware of why the paper is placed on her door and tells her friend about it. The friend advises Jenny that he reported her to Children's Services, but does not divulge the nature of his complaint.

2/18/05 - A social worker shows up at Jenny's front door, and identifies herself as Lalita Harris. The social worker explains that she is investigating several complaints, one of which is a "complaint about loud music." Jenny replies, "You've got to be kidding!" The social worker assures Jenny that she is serious, and demands to come in the house and see the baby and talk with Jenny's eight-year-old boy. Jenny advises the social worker that she is taking the boy to school, and she did not have time right now, The social worker threatens Jenny that she will go to the boy's school to interview him unless she lets her into the home. Jenny agrees to allow the social worker into to the home the following week.

2/23/05 - Social worker Lalita Harris shows up at Jenny's home and is allowed into the home. Lalita interviews Jenny's eight-year-old son and inspects the baby. Jenny is advised that because she consumed wine during her pregnancy, she is required to appear for a drug and alcohol assessment on February 24th at 8:00 AM at the DCFS in downtown Cleveland. Although the social worker produces no summons or court order, Jenny is advised that she "has no choice." The social worker gives Jenny directions to the DCFS and leaves the home.

2/24/05 - Jenny drives into Cleveland and arrives for the drug and alcohol assessment. She is required to take a number and wait until she is called. Her number is finally called, and she enters an office with Robert Schindler, an "Assessment Counselor." Jenny is asked numerous questions, and then is then taken into another room, where she is ordered to urinate in a jar. Robert advises Jenny that she is required to enroll in "intensive outpatient treatment" for alcohol abuse. Jenny begins crying, and tells the assessor again that she only drank a few glasses of wine. Robert tells Jenny that thee are two levels of treatment. Jenny asks Robert to explain. He states that In-patient Treatment is like a Cadillac, and Intensive Outpatient Treatment is like a Ford Escort. Robert states that he is recommending Intensive Outpatient Treatment, but the final decision must be made by his supervisor. Robert then introduces Jenny to social worker Charlene Dover. This social worker advises Jenny that she must begin Intensive Outpatient Treatment at a location at East 31st and Euclid. Jenny states that she is not going to that neighborhood for treatment. Jenny is told by the social workers that she "has no choice in the matter." At that point, another social worker is summoned into the office. Social worker Lalita Harris discusses insurance coverage with the others, and suggests to Jenny that she make an appointment with Oakview in Middleburg Heights.

3/2/05 - Jenny makes an appointment with Oakview. She arrives at Oakview and is required to fill out more paperwork. Jenny discovers that the treatment cost is in the thousands, and tells the staff that she cannot afford it if her insurance doesn't cover it. One of the staff, Deloris Reinhart, tells Jenny, "Just go with the program or they will make your life a living hell!" After realizing that Jenny's insurance doesn't cover the treatment, the staff gives Jenny the name of another facility that will only charge her $795.00 for the treatment, plus another $175.00 for another assessment. She is given an appointment at the McIntyre Center. Jenny speaks with staff of the McIntyre Center and is advised that she must pay the $970.00 "up front," before she starts her treatment.

Jenny receives a call fromt social worker Jacobs, who advises her that the department has scheduled a "staffing," which Jenny must attend. Jacobs tells Jenny that this meeting involves several people, including social workers from the START unit, who deal with alcohol and drug abuse cases. The social worker tells Jenny that they will discuss how she can be a "good parent." She is ordered to appear on Monday, March 7th. Jenny reluctantly agrees to appear for the staffing.

3/5/05 - Jenny talks with one of the other employees in the doctor's office she works in. Fortunately, that person was familiar with the Family Defense Network of Ohio, and advised Jenny that she should talk with someone from that agency. The co-worker volunteered to call Robert Surgenor and give him some of the facts of Jenny's case. The co-worker called the FDNO and provided Surgenor with Jenny's telephone number.

3/6/05 - On Sunday, Jenny Cunningham was contacted by Robert R. Surgenor of the Family Defense Network of Ohio. After speaking with Jenny in length, it was determined that the DCFS had never provided Jenny with any court order or summons for her to comply with any of the requests made by the social workers. Up to this point, Jenny was jumping through all of these hoops when she didn't have to. She was complying out of fear that the DCFS would cause further turmoil within her family, and she was afraid of losing her two children.

Surgenor suggested several things to Jenny. She was advised to find out what the charges were against her. Social workers are required to comply with Ohio Bill 185, which states that the parent being investigated must be informed of the charge. Jenny had never been told what the charge was against her, only that she had consumed small amounts of alcohol during her pregnancy. Jenny was also advised to collect as much information as possible on identifying the person who was giving the orders that she had been made to believe she was obligated to obey. Jenny was supplied with information from the FDNO regarding her rights as a parent and the limitations placed on social workers who are investigating reports of child abuse or neglect.

Jenny was also advised to call a friend of Surgenor's who was a police officer with the local police department. Jenny was advised to tell officer Joe Drennen that she was working with Surgenor to fight the Department of Children's Services. Jenny called officer Drennen, who agreed to talk with Jenny's son. The officer spoke with the boy, and advised him not to talk with anyone who might come to his school to interview him. The principal of the school was also advised that it was Jenny's wishes that no one be allowed to talk to the boy while he was in school.

Jenny is now armed with the knowledge needed to confidently question the authority of the social workers that have been ordering her around. She does not appear for the "staffing" on Monday, March 7th, and waits to see what the social workers will do.

3/9/05 - Jenny receives a phone call from a social worker who identifies herself as Caroline Witherspoon, of the DCFS "START unit." The social worker advises Jenny that she is her "START Family Advocate."

Jenny then begins to question the social worker about her authority, and asks who is giving the orders to make her comply with the program. The social worker explains that the initial social worker that came to her door was only the intake worker, and Jenny's case had now been turned over to the START unit, which was an "on-going" unit. The social worker tells Jenny that her case came to the START unit because she had abused alcohol during her pregnancy. When Jenny advises social worker Witherspoon that she did not abuse alcohol, but had only consumed a few glasses of wine, the social worker insisted that Jenny was required to participate in the program because of her alcohol consumption during her pregnancy. When Jenny asked the social worker what law she had violated, Witherspoon stated that she would have to get back with her after she obtained that information. Jenny then advises Witherspoon that she has elected not to cooperate any further with the DCFS.

3/29/05 - Jenny leaves the house for a short time and when she returns, she finds a letter on her front door from the DCFS. The letter states:

Dear Mrs. J. Cunningham: I came to visit you today, but did not find you home. I would like to arrange a time for another visit. This letter is a request for you to do a random urine screen. Please go to CAAA within 24 hours of this request. Failure to comply with this request will be documented as a no show. Documentation of no shows may have negative consequences on your case plan. All START clients are to drop urine screens upon request. Please remember to also go a minimum of three 12-step meetings per week. If you have any questions or concerns regarding this matter, please contact your START team at the numbers listed below.

The letter is signed by "Social Worker," Randi Burrows, and "Family Advocate," Caroline Witherspoon.

3/31/05 - Jenny calls the DCFS and talks with Caroline Witherspoon. Jenny asks why she left the letter on her front door. Witherspoon replies that she had visited Jenny's home to follow-up on her case and to get Jenny started with their program. Jenny tells Witherspoon that she is not going to cooperate with the DCFS, and tells the social worker to leave her alone. Jenny then talks with Witherspoon's supervisor, Deborah Franklin. The supervisor advises Jenny that she is required to participate in the program because of the concerns about her baby being exposed to Fetal Alcohol Syndrome. Whan Jenny asks the supervisor what law she has violated, Franklin tells her that she is being investigated for Child Neglect. Jenny then asks for a copy of her assessment, which was conducted on 02/24/05 by Robert Schindler. Franklin tells Jenny that she would have to get a court subpoena in order for her to get her own assessment records. Jenny then informs social worker Franklin that she is "refusing" to cooperate any further with the Cuyahoga County Department of Children & Family Services. She asks the supervisor and everyone else in the department to leave her alone. She advises Franklin to cease calling her and coming to her home. Franklin advises Jenny that if she needs any more information that she should call the Customer Service department.

4/20/05 - Jenny hears someone pounding on her front door. She opens the door and sees a local police officer and two female social workers on her front porch. The social worker identifies herself as Randi Bothersome from the Department of Children's Services. She is accompanied by social worker Caroline Witherspoon. Bothersome states that she is there to see the baby. Jenny advises the police officer and the social workers that they cannot enter her home without a warrant. Jenny hands them a copy of the Family Defense Network of Ohio's publication, "UNITED STATES DISTRICT COURT RULES AGAINST OHIO SOCIAL WORKERS AND POLICE OFFICERS. DECISION NOW MAKES OFFICERS OF THE COURT LIABLE FOR LAWSUITS DURING CHILD ABUSE OR NEGLECT INVESTIGATIONS." Social worker Bothersome insists that she needs to check on Jenny's children. Jenny refuses to allow entry and shuts her front door.

04/28/05 - Jenny is again visited at her home by social workers Randi Bothersome and Caroline Witherspoon, and another local police officer. Jenny answers the door with her baby in her arms. This time, the police officer begins the conversation, and advises Jenny that Children Services received a complaint about alcohol abuse during pregnancy. Jenny again refuses to allow the three entry into her home. After repeated requests by the social workers, the police officer indicates that the baby looks OK to him, and they leave the property.

05/02/05 - A letter is sent to Supervisor Deborah Franklin from Robert R. Surgenor Sr. of the Family Defense Network of Ohio. The letter states:

"We are presently working with Jenny Cunningham. In early February, a less than reliable referrent reported to you that Ms. Cunningham had consumed some alcohol during her pregnancy. There is no prohibition on such action in the Ohio Revised Code, nor is there any evidence that occasional alcohol in moderation is harmful to the pregnancy. Nevertheless, since the referral, you have demanded entry into her home, ordered her to appear at your office, ordered her to obtain testing and treatment for substance abuse at her own expense, and appeared twice at her home with the local police. Additionally, despite her requests, you have failed to provide Ms. Cunningham with a description of the specific allegations against her and the Revised Code statute of the crime she has allegedly committed, even though Ohio House Bill 185 requires that you do so!"

"In addition to failing to provide the required notices and information, we believe your investigation is also unlawful due to significant violations of Jenny Cunningham's constitutional rights. Consequently we demand, on behalf of Ms. Cunningham, that your agency cease any further action or communication involving her, other than the notice of the disposition as ÒunsubstantiatedÓ. Further action will be considered unlawful harassment and an additional deprivation of Ms. Cunningham's constitutional rights, and will be further grounds for legal action against your agency and the individual investigator."

05/05/05 - Jenny receives a letter in the mail from Children's Services. The letter states:

"Dear Ms. Cunningham: Please be informed that a custody placement staffing has been scheduled on Wednesday, May 11th at 1PM. The staffing will be held at Quincy Place, located at 8111 Quincy Avenue, Cleveland, OH 44104. The purpose of this staffing is to discuss possible court intervention due to your evasiveness and lack of cooperation and participation of services. Your attendance would afford you the opportunity to fully discuss your objections to our agency's involvement in your family's life."

The letter is signed by social worker Randi Burrows and supervisor Deborah Franklin.

Jenny calls social worker Randi Burrows and asks her what the letter means. Burrows advises Jenny that the department is seeking court involvement concerning Jenny's children. Jenny advises Burrows that she has still not received any paperwork describing the crime she has allegedly committed. Burrows states that she will fax Jenny a copy of the paperwork immediately.

The paperwork is faxed to Jenny by Burrows. In this paperwork is a letter, dated 03/17/2005. This letter states:

"Dear Jenny Cunningham and family: Cuyahoga County Department of Children and Family Services received a complaint on 02/01/2005 alleging that your child was neglected because you were drinking alcohol while you were pregnant."

"Section 2151.421 of the Ohio Revised Code requires the agency to investigate all complaints of child abuse and neglect. We are required to share our findings with the local police department and the State of Ohio Central Registry for Child Abuse and Neglect. We may find that the allegations are unsubstantiated (no evidence), indicated (circumstantial or other isolated indicators of child abuse or neglect, or substantiated (confirmed evidence). The investigation was completed on 03/17/2005. Our investigation determined that the allegations of neglect was substantiated."

"Because we have concerns about future risk to your child(ren), the agency will continue to work with your family to provide services in an effort to lower that risk."

The letter is signed by social worker Lalita Harris and Kerry Jacobs.

The Family Defense Network of Ohio immediately retained the services of attorney Kenneth Albright, a specialist in the area of civil rights. Attorney Albright sent a letter to the Cuyahoga County Prosecutors Office requesting an Appeals Hearing with the DCFS, which is provided under Ohio law. Albright requested that a court reporter be present, and that the evidence be available that the social workers used to conclude that Jenny Cunningham was a "sunstantiated" child neglector.

07/11/05 - Attorney Kenneth Albright received a letter from the Cuyahoga County Prosecutors Office. An assistant prosecutor explained in the letter how the appeals officer had just returned from vacation, and a review had been made of the Cunningham case. The prosecutor wrote, "Based upon the review, the agency had decided to change its disposition to 'unsubstantiated."

In other words, Jenny was now cleared of any wrongdoing. The nightmare lasting over five months is now over.

Knowledge is power.

Family Defense Network of Ohio     Office Box 26348, Cleveland, Ohio 44126     (800) 438-8277    info@fdno.org

developed by the higher power team