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Tuesday, November 24, 2009

North Carolina Finally Decides To Review Its Corrupt DSS System...Too Late! Liability, Negligence & Huge Lawsuits!















































































NC DSS Officials don't want to release information about Shaniya Davis' death to the public. Yeah I bet because they're afraid.

Too late!

The Feds are coming!

What Feds?

If you have to ask than you aren't prepared for their arrival.

Parents or other Biological Relatives have discovered they have grounds to sue NC DSS on its face for Extreme Negligence and Violation of Civil Rights.

If North Carolina Officials cared more about the true welfare of Black Children, especially Black Children in Foster Care instead of using those poor children as pawns for additional Federal Revenue (to waste at leisure), than perhaps NC DSS wouldn't be in this mess.

Like I said God is going to use Shaniya Davis' and Tiffany Wright's death to expose how poorly Black Children, especially Black Foster Care Children are treated in this state.

Isn't it high time for NC DSS Reform?







Shaniya Davis' dad speaks to Today Show's Meredith Vieira about his child's death and Human Trafficking.




Tiffany Wright's Grandmother Shirley Boston, speaks to New York Reporters about how her granddaughter's death could have been avoided.

Charlotte-Mecklenburg DSS System Officials did NOT allow Ms. Boston to attend Tiffany's Funeral, nor will they tell her where Tiffany's gravesite is located.

It is NOT Ms. Boston's fault that Tiffany was placed in Foster Care.

Tiffany was placed in Foster Care because of neglect at the hands of her biological mother, nevertheless NC DSS Officials have treated Ms. Boston as if she were the criminal instead of Royce Mitchell (Tiffany's Killer).

What a shame!








State to review NC DSS' contact with slain girl's (Shaniya Davis/ Antoinette Davis) family



A state team of experts will examine any contact the Cumberland County Department of Social Services had with the family of a 5-year-old Fayetteville girl who was killed and whose mother has been accused of prostituting her.

Shaniya Nicole Davis was reported missing from her home on Nov. 10. Her body was found in a patch of kudzu off a rural road near the Lee-Harnett County line six days later.

She died of asphyxiation, according to preliminary autopsy results.

Mario Andrette McNeill, 29, of 2613 Pine Springs Drive, has been charged with first-degree murder, first-degree rape of a child and first-degree kidnapping in the case. Police have characterized him as a family acquaintance.

Shaniya's mother, Antoinette Nicole Davis, 25, has been charged with human trafficking, felony child abuse–prostitution, filing a false police report and obstructing a police investigation. Arrest warrants state that Davis "did knowingly provide Shaniya with the intent that she be held in sexual servitude" and "did permit an act of prostitution with Shaniya."

DSS looked at Davis with regard to her 7-year-old son, not Shaniya, according to her uncle, Michael Davis. The case was closed, and Antoinette Davis was able to retain custody of the boy, her uncle said.

DSS Director Brenda Jackson has declined to comment on the agency's involvement with the Davis family, citing the criminal investigation into Shaniya's death as well as confidentiality rules for child protective services cases.

The state plans to appoint a review team to investigate any DSS contact with the Davis family, and the team's findings will be turned over to the state Child Fatality Task Force. The task force studies all child deaths in North Carolina to make recommendations to legislators on changes to state laws and administrative polices to prevent future deaths.

"You just say, 'How in the world did this happen?' and 'How could it have gotten to this end place?' and 'We need to do better,'" said Tom Vitaglione, co-chairman of the task force.

Fifty-eight children in the state were homicide victims in 2008, according to advocacy group Action for Children North Carolina.

Rob Thompson, executive director of another advocacy group, The Covenant With North Carolina's Children, said giving the public more information about tragedies like Shaniya's death could help prevent similar incidents.

"I think just having a better picture of what happened would allow us to see all of things that may have had a role in this horrible situation," Thompson said. "In cases where you're not jeopardizing the privacy of a victim, I think it is more appropriate to be as transparent as possible."

Vitaglione said Cumberland County DSS workers "are devastated" by Shaniya's death, and the fact that child protective services is overburdened and underfunded in the state doesn't ease their distress.

DSS agencies are federally mandated and funded but are run by individual counties and overseen by the state.

"In some ways, it's an impossible task that we've asked them to do," he said.

Last year, DSS agencies received 127,192 reports of child abuse and neglect statewide, and workers were able to substantiate abuse or neglect in less than 10 percent of the reports, according to Action for Children.

"I think the most important thing is that we really try and reduce that caseload both through proper training, proper oversight and proper supervision (as well as through) proper funding," Thompson said.







How Charlotte-Mecklenburg DSS System failed 15-year-old girl gunned down at a Charlotte, NC School bus stop


Tiffany Wright stood alone in the dark, waiting for her school bus.

It was just before 6 a.m., and her foster grandmother had walked back home to get Tiffany's water bottle.

Tiffany, 15, was eight months pregnant but determined to stay on track in school. She wanted to be a lawyer. And after just a few weeks at Hawthorne High, she had impressed teachers as smart and ambitious, despite a difficult childhood.

At 5:51, Tiffany sent a text.

"Wheres the bus?"

One stop away, replied her friend, already on the bus.

At 5:55, as the bus lumbered toward Tiffany's stop, people began calling police to report gunshots.

A school bus dispatcher radioed Tiffany's bus driver: Change course - something's happening ahead.

Tiffany lay dead in the road, shot in the head, that morning, Monday, Sept. 14. Her baby girl was delivered at the hospital and lived a week, but died Sunday.

Nobody's charged in the killings, but police call Tiffany's adoptive brother, Royce Mitchell, a "person of interest."

In the months before she died, local agencies took steps aimed at stabilizing her home life and keeping her safe. But her story exposes failures in the system that was supposed to protect her.

Among the missteps:

•In February, a Mecklenburg court clerk appointed Mitchell as Tiffany's temporary guardian — even though he was a felon who served time in federal prison. He was also tried in 2006 for murder, but found not guilty. And last year, he was accused of domestic violence, though the case was dismissed.

•In July, social workers told police that Mitchell, 36, might have committed statutory rape with Tiffany, but police didn't question him about it for seven weeks, and didn't charge him with the rape until after Tiffany was killed.

•This month, Mecklenburg social services failed to cut off communication between Tiffany, who was in foster care, and Mitchell, said a source close to the investigation.

On the day of Tiffany's killing, Charlotte-Mecklenburg police jailed Mitchell for statutory rape and indecent liberties with a child, naming Tiffany as the victim.

Police defend their work, saying they followed the industry's best practices - which takes time. Police didn't feel a need to rush, they say, because they believed Tiffany was secure, hidden in a foster home with no threat to her safety.

Police say it's hard to prove statutory rape: Of the 262 reports of statutory rape police received over three years, only 16 percent - 42 cases - were accepted by prosecutors.

Experts say statutory rape cases are complicated because they involve victims ages 13, 14 or 15 who often consider themselves voluntary participants in sex with someone at least six years older. So victims can be reluctant to help police.

But child advocates say in cases like Tiffany's, police should act more aggressively. An immediate arrest sends a signal to a suspect and can persuade them to stay away from victims.

"The cases may be difficult to win, but they're not difficult to charge," says Brett Loftis of Charlotte's Council for Children's Rights.

UNCC criminologist Paul Friday says: "Often, nothing is done in these kinds of cases because they're based on improper assumptions about the rationality of someone that age. But the minors are often unaware of disease, birth control and they can be exploited by someone."

Adopted by foster mother

Tiffany first entered the child welfare system as a toddler in Buffalo, N.Y., when her mother lost custody.

She was adopted at 4 by her foster mother, Alma Wright, an older woman with eight grown children, who was excited about raising another child.

One of Wright's grown sons was Royce Mitchell, a star quarterback in high school who'd gone on to play for a semi-pro team in Buffalo. But Mitchell also was indicted in 1999 as part of a drug trafficking ring and went to federal prison.

While he was in prison, authorities also charged Mitchell with an earlier murder, but a jury found him not guilty.

In 2004, Alma and Tiffany left Buffalo for North Carolina, settling near Kings Mountain. Tiffany made friends easily at school and church. She ran track at Bessemer City High School.

In 2007, Mitchell was released from prison and followed his mother to North Carolina.

But last fall, Alma Wright got sick. Friends at church helped out with Tiffany, inviting her for dinners and weekends. Tiffany spent time with Mitchell and his wife, too.

Alma Wright died Jan. 25, and Tiffany moved in with the Mitchells in Charlotte.

On Jan. 30, Royce Mitchell asked a Mecklenburg court to appoint him and his wife as Tiffany's guardians.

On his application, he wrote: "We are seeking guardianship because we were requested to do so by Mrs. Alma Wright before she died."

He wanted to transfer Tiffany to West Mecklenburg High School.

The court set a hearing for Feb. 5 and appointed a child advocate to study the situation and look after Tiffany's best interests in court.

There's no transcript of what happened in court, and the clerk who handled Tiffany's case declined to discuss his decision.

Frederick Benson, a Mecklenburg assistant clerk of superior court, appointed Mitchell the temporary guardian of Tiffany's welfare.

It's unclear if Benson, a lawyer, knew about Mitchell's criminal background. Court clerks are not required to perform background checks in guardianship cases, says Clerk of Superior Court Martha Curran. It's up to each clerk to decide what checks are necessary, and they often rely on court-appointed child advocates to advise them in such cases.

Tiffany's advocate, lawyer Martha Efird, declined to discuss her actions in the case.

It was in the weeks surrounding the Feb. 5 court hearing that Tiffany got pregnant, if hospital estimates are accurate.

But friends say Tiffany, who started at West Mecklenburg High in February, wouldn't realize for four or five months that she was pregnant.

On Feb. 27, clerk of court Benson ordered DSS to conduct a "home study" of the Mitchell household. Officials won't release their findings.

But Mitchell didn't keep custody long, according to several of Tiffany's friends in King's Mountain.

In late March, Mitchell left Tiffany at a group home called With Friends in Gastonia, according to Marlene Jefferies and Cruceta Jeffeirs, two adult family friends who watched Tiffany grow up.

The group home wouldn't confirm that. But the friends say the home reported to social services that Tiffany was abandoned. And she was soon back in foster care.

On March 31, Jeffeirs, a Shelby pastor, wrote a letter to Benson seeking custody of Tiffany: "My desire is to see Tiffany accomplish all the goals that she has set for herself and I believe she can do that in a stable environment with lots of guidance and love."

DSS officials in Gaston and Mecklenburg won't discuss Tiffany's case or answer questions about what steps they took to protect her.

But friends and family say Tiffany was eventually placed in the care of foster parent Susan Barber, in a townhome off Mallard Creek Road in Derita.

By July, it was clear Tiffany was pregnant, friends say.

Barber tried to shield Tiffany from talking to those she believed might be bad influences, according to Tiffany's cousin Brittany Page. But a source close to the investigation said Tiffany and Mitchell continued communicating.

Despite repeated attempts, Barber could not be reached.

As the school year approached, Tiffany prepared to change schools again, this time to Hawthorne High in Charlotte, which offers a special program for pregnant students.

Delayed Investigation

On July 27, social workers reported to police that Royce Mitchell might have committed statutory rape with Tiffany.

It took eight days for a detective to look at the case, and three days more for it to be officially assigned to Teresa Johnson, a detective with CMPD's youth crime and domestic violence unit.

Another 12 days passed before Johnson interviewed Tiffany.

It's unclear when detective Johnson discovered Mitchell's background, but it wasn't enough to ramp up the investigation. Investigators say they believed Tiffany was safe in a foster home and faced no threats from Mitchell.

Police say their performance in the case followed procedure and met standards.

Police interview alleged victims immediately if the crime has occurred within the previous 72 hours, so they can gather evidence that may remain. But in cases like Tiffany's - where months had elapsed since the alleged offense - police try to arrange just one interview when children and teen victims of abuse are involved.

Police acknowledge that strategy takes time but minimizes trauma and reduces the chances that young victims might be led into inaccurate testimony by repeated questioning.

Police also let such victims decide when they want to be interviewed at the county's child-victim center called Pat's Place. There, specially trained interviewers talk to victims, while social workers, psychologists, police and others watch from another room.

Tiffany chose an Aug. 19 interview. She didn't say much during the formal interview. But later that day, Johnson won her trust and obtained enough information to move forward with the investigation.

No response from Royce Mitchell

The next day, Aug. 20, the detective made her first call to Mitchell to ask him about the charge, she says. Johnson left a message and gave him a few days to call back.

When Mitchell didn't respond, she made calls over the next two weeks to social workers and a federal probation officer to ask Mitchell to come talk to police.

Police say they didn't immediately arrest him because they believed they could get better information if he talked voluntarily.

On Sept. 9, a federal probation official told Johnson that Mitchell was not coming in.

On Sept. 10, a team of social workers, police and other agencies held a standard follow-up meeting to discuss how to proceed in Tiffany's case.

On Friday, Sept. 11, detective Johnson phoned Mitchell's wife and left a message. She asked her to call back to discuss Tiffany, Johnson says, but didn't give details of the rape allegation.

That Monday, Tiffany was shot and killed.

As emergency vehicles rolled to the scene, Tiffany's school bus was diverted from its normal route. But the students could see flashing lights. Tiffany's friends on the bus, Cimone Black and Tamia Corpening, began to worry.

"I kept texting her phone...," Cimone said. Then she started calling, but all she got was voice mail.

The bus continued on to Hawthorne. For Tamia, the hourlong ride was excruciating.

Nobody said a word.






After Amber Alert, Incest charge


A Mooresville man who sparked an Amber Alert when he disappeared with his 12-year-old pregnant adopted daughter and her 11-year-old sister now faces rape and incest charges.

Mathew Charles Hess, 40, had already been charged with misdemeanor child abuse and contributing to the delinquency of a juvenile after, authorities say, he took his two adoptive daughters to Tennessee despite the condition of the daughter who was nine months pregnant.

Now he faces additional charges in Lincoln County - indecent liberties with a child, first-degree rape and felony incest between near relatives. Details of the charges were unavailable. Authorities haven't said whether they believe Hess is the father of the older daughter's baby.

Hess and his wife, who is the girls' biological mother, are separated, authorities said. The girls were living with Mathew Hess in Lincoln County when the older girl became pregnant.

The Observer published the girls' names when they were the subject of a large-scale search, but is not naming them now because authorities say at least one was a victim of a sex-related crime.

Authorities believe Hess drove away with his daughters on Sept. 24 after leaving a note for his wife saying he was taking them to school. The girls' mother called authorities soon after, when the pregnant daughter didn't show up for a doctor's appointment.

Last week when the pregnant girl missed an important medical procedure, authorities issued a nationwide Amber Alert.

A motorist in Tennessee who saw the alert on an interstate sign recognized the family's faded green Ford Explorer and called the Tennessee Highway Patrol on Wednesday. Less than half an hour later, the search was over. Social services took temporary custody of the girls.

Two members of the Iredell Sheriff's Office's warrant squad drove to Tennessee on Friday and brought Hess back to North Carolina. His first court date for the Iredell County charges is Nov. 16 in Statesville.

Now, he's in Iredell jail under a $12,000 bond. He's also deemed a flight risk because of the charges in Lincoln County.







The Charlotte-Mecklenburg DSS Fraud mystery: Where did money go?


Internal e-mails reveal new allegations of misspending at the Charlotte-Mecklenburg County Department of Social Services, raising more unanswered questions about what happened to money intended to help needy children.

Some of the more than 1,000 e-mails the Charlotte Observer obtained through a Public Records Request provide the most detailed account to date about the agency's accounting fiasco.

E-mails show:

Officials suspected an employee wrote $80,000 in checks to herself from donations.

An administrator questioned why other donations were used to buy $340 diamond earrings, leather coats and a $300 DVD player.

A top executive complained that a senior fiscal administrator frustrated co-workers with her "inability to explain the simplest concepts of revenue and expenses."

After nearly a year, officials have never said who was at fault for $162,000 that disappeared or whether anyone was disciplined.

No one has been charged in an ongoing police investigation and a county report says officials cannot be certain where the money went.

Meanwhile, donors are left to wonder whether their generosity ever helped buy Christmas gifts for those in need.

In one e-mail, a woman describes calling the county in 2007 to give $900 for single mothers at Christmas. The person who answered the phone told her to make a check payable to the worker's sister.

The donor said she grew suspicious and made the check out to the county, but the idea that it may still have been misused is "like a kick in the stomach."

In another e-mail, a founder of Second String Santa said he was concerned whether kids received the more than 50,000 toys his group had donated since 1989.

Will Miller said he believes some of the toys reached children, but he's not sure about the rest.

"Will we ever know? Probably not," he said.

Two Charlotte-Mecklenburg County Commissioners said they have asked County Administrators for a full accounting of what went wrong at DSS but have yet to receive answers. County officials have never explained who was responsible, they said.

"To fix it, you have to admit all the stuff that is messed up," Commissioner Bill James said. "They don't want to do too much digging."

County administrators declined interview requests. Instead, a county spokesman released a prepared statement saying appropriate fiscal controls have been installed in response to an outside audit and an internal investigation.

"Our review of the e-mails we provided and your follow up questions did not reveal any new information that would suggest any change in the audit findings or in management's response to those findings," the statement said.

Some commissioners said they have been told that the employees involved have either left county government or been placed in new positions.

Unusual spending patterns


DSS spends $176 million annually and employs 1,200 workers to assist Mecklenburg's poor and neglected. The agency administers everything from food stamps to foster care and child protection services.

Last spring, DSS Director Mary Wilson ordered financial audits following reports of suspicious spending.

Auditors looked at multiple spending programs and financial practices in the agency. They found a $10,000 check made out to an employee, missing and altered receipts and money for kids spent on office supplies.

County leaders responded by suspending the programs, putting DSS finance under direct county control, training workers on accounting procedures and ordering a review of financial procedures in each county agency.

The Observer reviewed e-mails dating from December 2008 to July 2009 for seven current and former county administrators, including Wilson, County Manager Harry Jones, County Finance Director Dena Diorio and Internal Auditor Cornita Spears.

E-mails show county officials noticed unusual spending patterns as early as last December but did not disclose problems to the public until March.

On New Year's Eve, Wilson told staff she had suspended a voucher program the agency used to purchase clothes and other items for clients at local stores. She wrote that officials were worried about a lack of oversight and a spike in spending.

One monthly retail bill leapt from between $5,000 and $6,000 to more than $20,000 in October 2008, the e-mail says. Employees turned in receipts only 30 to 35 percent of the time, she wrote.

At one time or another, workers possessed or had access to numerous credit cards and gift cards, including some to Bath & Body Works, Bass Pro Shops, Macy's, the Cheesecake Factory and Outback Steakhouse.

Outside auditors verified for county administrators that DSS workers possessed county-issued credit cards, including 10 credit cards for Sam's Club, three for Harris Teeter and an online charge account with Amazon.com

In February, county officials asked internal auditors to look into questionable spending, including purchases of diamond earrings, leather coats and a DVD player.

An e-mail to one of the auditors from a human resources consultant said the purchases raise "many questions and concerns."

According to the county's statement, most gifts were typical children's items such as toys, clothes and books. More expensive items such as diamond earrings and leather coats were approved purchases for foster children who reached special milestones like high school graduation, the statement says.

"Receiving a gift of some significant value was viewed as an incentive for other children who were in foster care to set goals and accomplish them," the statement said.

Commissioner Harold Cogdell said he spent part of his early childhood in foster care and believes the gifts are a good idea.

"It makes sense to me to show the kids some love," Cogdell said.

A new Accountant

DSS has endured multiple management shakeups in recent years. The latest came when Wilson reorganized the agency after she was hired in July 2008.

She laid out the reasons to hire a new finance director in a February e-mail.

Wilson wrote that the senior fiscal administrator who managed DSS finances failed to provide reports about oversight, alienated staff and lacked the ability to conduct productive discussions with senior county executives. The e-mail does not name the senior fiscal administrator.

DSS later hired accountant Angela Hurlburt to oversee its finances.

James, the commissioner, said he has asked for the names and background information on Hurlburt's predecessors. He wants them to answer questions from the Board of Commissioners' Audit Review Committee, which investigated accounting lapses at DSS.

He said administrators have failed to respond to his requests and complained that officials "keep us in the dark."

Other Charlotte-Mecklenburg Commissioners disagreed.

Chairman Jennifer Roberts and Commissioner Dumont Clarke said county leaders have already put in place reforms that will protect taxpayer and donor money.

"The highest priority" is implementing new financial controls, Clarke said.

Shifting the Finances

Auditors from Cherry, Bekaert & Holland reviewed DSS and found that Mecklenburg officials responded appropriately. The county's Audit Review Committee came to the same conclusion.

But DSS Director Wilson bristled at one of the major reforms.

Leaders put DSS finance under the direct control of the county's main finance department after allegations of misspending surfaced.

In April, Wilson sent an e-mail to County General Manager Michelle Lancaster to complain. Calling the decision "premature" and "shortsighted," Wilson said there are emergencies when DSS workers must write checks immediately, including occasions when the agency takes children in custody who need clothes, toiletries and school supplies.

"I understand the urgency at the time, but there was a reason DSS had check writing capability and I think we threw the baby out with the bathwater instead of fixing the underlying issue, which is documentation and accountability," Wilson wrote.

Donors left with questions

Past supporters of the DSS Christmas charity include Young Lawyers, employees of Wachovia and Bank of America, and Project Joy, the holiday fund drive initiated by Observer columnist Tommy Tomlinson. The Christmas charity, known as the Giving Tree, is now run by the Salvation Army.

The donor who gave $900 e-mailed the county in July after learning about accounting failures from news accounts. She attached a picture of the check copy she made around Christmas in 2007.

She wrote that she did not remember the name of the woman she spoke with on the phone.

The donor said she and her family all pitched in to raise the money so she could assist women like her who had struggled as single mothers.

When she heard there were allegations of misspending in a DSS charity program, "It's like your stomach just drops."




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Sources: WRAL, MSNBC, WIVB, McClatchy Newspapers, Charlotte Observer, Google Maps

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