State covers up information about major DHHS lawsuit
BY RAMONA DU HOUX
January 17th, 2012
In December attorney Joe Baldacci filed suit for Russell and Dr. Ellie Handler against officials of Maine’s Department of Health and Human Services and the Waldo County Sheriff’s Office. Almost immediately the state had the documents of the suit – which alleges DHHS and Waldo Sherriff Department negligence, misconduct and fraud – sealed.
On January 12, 2012, Baldacci filed a Motion to Unseal the suit against Maine DHHS with the US Federal Court in Portland, Maine. The State Attorney General’s Office is expected to continue to adamantly oppose any public access to information about the lawsuit.
“For us this matter has been the child welfare equivalent of a death penalty case,” stated the Handlers. “We lost our child due to negligence and wrongdoing, which we lay out in detail in the lawsuit. This case is the embodiment of why Freedom of Information Act and Sunshine in Government statutes exist. And that is why we believe there is a need for more, not less, transparency in this matter.”
This isn’t the first time documents have been sealed concerning the Handler case.
On January 15, 2009, the State’s ombudsman, Dean Crocker, agreed to conduct an investigation into whether DHHS had followed its policies and procedures in conducting the required kinship evaluation in a case where David, previously adopted by the Handlers, was placed in a potential adoptive foster care family — while his grandmother waited to adopt him.
On July 7, 2011, attorney Baldacci attempted to get a judge to review his decision not to allow the Handlers access to the ombudsman’s investigation. The judge had previously denied the Handlers’ request to see the report on “case-specific” grounds and because they are no longer the child’s legal parents, depriving them of the “standing” to review the report.
But it was because of Russell’s request in January of 2009 that the ombudsman conducted the investigation in the first place. Crocker’s investigation was completed in April of 2009 — but he never bothered to notify Russell that he was done.
It is important to know that it is possible to blacken out areas of a report deemed damaging to the welfare of a child, areas “case-specific,” so that DHHS polices and procedures can be viewed openly. Being “case-specific” always gives the state an excuse for not disclosing what the ombudsman uncovers in a child-protective proceeding report. Using the guise of protecting children, the court can always protect DHHS.
“In the Handler case any case-specific details of abuse or neglect are nonessential to the kinship issue that the ombudsman investigated. Here, there is no legitimate reason as to why the State has chosen not being transparent,” said attorney Baldacci.
The ombudsman’s reports are the only accountability provided to citizens in DHHS child-protective cases. In the Handler case the ombudsman’s report potentially uncovered that DHHS broke the law by breaking procedures.
On March 1, 2011 the Attorney General’s office revealed the identity of David Handler, during a child protection proceeding, along with details of the case, when the head of the Child Protection Unit, Assistant Attorney General Janice Stuver, faxed a copy of a 2008 Law Court decision to WABI Ch. 5 in Bangor. The actions of Stuver, at that time, were apparently to quite down the repercussions of a story that Social Security funds meant for David were not getting to him. WABI had aired part of the Handler’s tragic story earlier that evening.
“The Attorney General’s office, by their own actions, has disseminated many of the state’s allegations against the Northport couple and yet they seek to keep the Handler’s case a secret,” said attorney Baldacci. “The state needs to be the subject of the same scrutiny that the Handler’s have experienced for many years.”
The Handlers are seeking justice and to obtain knowledge that their, “beloved son, David” is safe, and secure.
The defendants in the suit are DHHS Commissioner Mary Mayhew, DHHS employees Debra Potter, Claudia Kjer, Martin Smith and Christine Theriault, former Waldo County Sheriff Bryant White and Bob Tiner, who works at the same Sheriff’s Department.
- See more at: http://maineinsights.com/perma/state-covers-up-information-about-major-dhhs-lawsuit#sthash.yD3lO9RS.dpuf
January 17th, 2012
In December attorney Joe Baldacci filed suit for Russell and Dr. Ellie Handler against officials of Maine’s Department of Health and Human Services and the Waldo County Sheriff’s Office. Almost immediately the state had the documents of the suit – which alleges DHHS and Waldo Sherriff Department negligence, misconduct and fraud – sealed.
On January 12, 2012, Baldacci filed a Motion to Unseal the suit against Maine DHHS with the US Federal Court in Portland, Maine. The State Attorney General’s Office is expected to continue to adamantly oppose any public access to information about the lawsuit.
“For us this matter has been the child welfare equivalent of a death penalty case,” stated the Handlers. “We lost our child due to negligence and wrongdoing, which we lay out in detail in the lawsuit. This case is the embodiment of why Freedom of Information Act and Sunshine in Government statutes exist. And that is why we believe there is a need for more, not less, transparency in this matter.”
This isn’t the first time documents have been sealed concerning the Handler case.
On January 15, 2009, the State’s ombudsman, Dean Crocker, agreed to conduct an investigation into whether DHHS had followed its policies and procedures in conducting the required kinship evaluation in a case where David, previously adopted by the Handlers, was placed in a potential adoptive foster care family — while his grandmother waited to adopt him.
On July 7, 2011, attorney Baldacci attempted to get a judge to review his decision not to allow the Handlers access to the ombudsman’s investigation. The judge had previously denied the Handlers’ request to see the report on “case-specific” grounds and because they are no longer the child’s legal parents, depriving them of the “standing” to review the report.
But it was because of Russell’s request in January of 2009 that the ombudsman conducted the investigation in the first place. Crocker’s investigation was completed in April of 2009 — but he never bothered to notify Russell that he was done.
It is important to know that it is possible to blacken out areas of a report deemed damaging to the welfare of a child, areas “case-specific,” so that DHHS polices and procedures can be viewed openly. Being “case-specific” always gives the state an excuse for not disclosing what the ombudsman uncovers in a child-protective proceeding report. Using the guise of protecting children, the court can always protect DHHS.
“In the Handler case any case-specific details of abuse or neglect are nonessential to the kinship issue that the ombudsman investigated. Here, there is no legitimate reason as to why the State has chosen not being transparent,” said attorney Baldacci.
The ombudsman’s reports are the only accountability provided to citizens in DHHS child-protective cases. In the Handler case the ombudsman’s report potentially uncovered that DHHS broke the law by breaking procedures.
On March 1, 2011 the Attorney General’s office revealed the identity of David Handler, during a child protection proceeding, along with details of the case, when the head of the Child Protection Unit, Assistant Attorney General Janice Stuver, faxed a copy of a 2008 Law Court decision to WABI Ch. 5 in Bangor. The actions of Stuver, at that time, were apparently to quite down the repercussions of a story that Social Security funds meant for David were not getting to him. WABI had aired part of the Handler’s tragic story earlier that evening.
“The Attorney General’s office, by their own actions, has disseminated many of the state’s allegations against the Northport couple and yet they seek to keep the Handler’s case a secret,” said attorney Baldacci. “The state needs to be the subject of the same scrutiny that the Handler’s have experienced for many years.”
The Handlers are seeking justice and to obtain knowledge that their, “beloved son, David” is safe, and secure.
The defendants in the suit are DHHS Commissioner Mary Mayhew, DHHS employees Debra Potter, Claudia Kjer, Martin Smith and Christine Theriault, former Waldo County Sheriff Bryant White and Bob Tiner, who works at the same Sheriff’s Department.
- See more at: http://maineinsights.com/perma/state-covers-up-information-about-major-dhhs-lawsuit#sthash.yD3lO9RS.dpuf