Family Forum / Parenting / Spanking / January 2008

Abused foster girls accuse state of hiding documents

01:04 PM PST on Thursday, January 10, 2008

By SUSANNAH FRAME / KING 5 News

http://www.king5.com/topstories/stories/NW_011008INV_dshs_suit_KS.beae816.html

Estera Tamas, one of three teenagers involved in the lawsuit, says her
foster father forced her to have sex with him from the age of 12.

SEATTLE - Two state agencies have just been slapped with what could be
one of the biggest public disclosure lawsuits ever filed in Washington.

The Attorney General’s Office and the Department of Social and Health
Services (DSHS) are accused of hiding important documents in a case
involving three girls who were abused in a foster home, first in
Kirkland, then in Redmond.

A 1971 citizen initiative paved the way for the state’s Public
Disclosure Law, which is designed to give the public access to the
government's paper trail.  It directs governmental agencies to be open
with their documents, as they belong to the people.

But three teenagers say the state skirted that law by not handing over
records related to the alleged abuse at the hands of their foster dad,
Enrico Fabregas.

In August, a judge sent Fabregas to prison for four years for sex crimes
against his foster daughters.

The oldest daughter, Estera Tamas, says Fabregas forced her to have sex
with him from the age of 12.  During sentencing she told the judge, "I
have flashbacks of Enrico looking at me in the shower, him throwing me
down the stairs, of him introducing me to alcohol and drugs for the
first time.  He took away my innocence."

Ruth Tamas, one of three teens suing the state.

During the years in the foster home, 28 complaints came into Child
Protective Services about Fabregas.  Some about drugs in the home,
others about physical abuse, still others about sexual abuse.  CPS
didn’t find any of them to be founded.

The truth finally came out in 2006 when Redmond police raided the home
and found thousands of images of pornography and child pornography.
There were shots of Fabregas in women's lingerie, Fabregas with guns,
and police say there were shots of him having sex with two of his
daughters.  Fabregas was arrested and the three girls sued the state for
not protecting them.

Now they're suing again.

Marty McLean and David P. Moody of Hagens Berman Sobol Shapiro law firm
filed a lawsuit today on behalf of the sisters alleging DSHS and the
Attorney General's office failed to turn over critical documents related
to the case.

In the suit, they allege the documents "were willfully and strategically
concealed from the plaintiffs for many months in direct contravention of
the Public Records Act."

Some of the records include a complaint from the school that the
youngest child had unexplained bruises on her arms.

There are other records related to a complaint that she was deprived of
food.

Yet another document involved a nanny reporting she had pornographic
pictures of Fabregas having sex with one of the girls.

McLean said, "Not only do we believe this conduct is unfair, outrageous
and unconscionable, we believe this conduct is illegal."

Monica, the third teen involved in the case.

Response from state

The Attorney General’s Office denies breaking disclosure laws in this
case and responded to inquiries from KING 5 with a statement:

"Our office remains committed to open public records. We have reviewed
the timeline and documentation and in our estimation have provided
everything requested."

DSHS denies breaking any laws as well. This is a portion of a statement
sent to KING 5 this morning:

"In regards to David Moody’s requests for public records, DSHS has
complied with the public disclosure laws and never willfully concealed
documents in this or any other public records request by Mr. Moody."

"DSHS has spent hundreds of hours on his records requests to ensure full
compliance with the law and to address Mr. Moody’s ongoing concerns. We
believe and he has acknowledged he has now received all of the records
and information requested."

Historically judges have taken a dim view of public agencies caught
violating public disclosure laws.  Courts may impose fines ranging from
$5 to $100 a day for each record not handed over in a timely manner.

In June a court imposed the biggest public disclosure fine ever in the
state of $541,000 against the Department of Corrections.  A judge found
the DOC wrongly kept prison health care provider records from an inmate
who was serving time for murder.

The second biggest fine, of $435,000, was levied against King County for
not turning over documents to a citizen related to the building of the
Seahawks Stadium.

How the documents surfaced

How did the documents identified in the Fabregas lawsuit surface?

Originally an Assistant Attorney General, Lisa Erwin, said they were
part of a group of records that were too sensitive to release without a
court authorizing her office to do so. That didn’t happen. Instead,
several months later, Erwin filed them in open court, for anyone to see.

She was using them in a motion against the girls in an effort to
persuade the judge that their case had no merit.

Moody said, "These girls were abused for years and years and years while
the caseworkers looked the other way. And then when they want their day
in court, the Office the Attorney General hides their very own records
from them.  It's shameful."

In the DSHS statement sent to KING 5 today, the Department says they are
working hard to protect the public's right to know.

"We are fully committed to open government and complying with the Public
Records Act. Over the last year, DSHS provided mandatory training to
over 19,000 employees about the requirements of the Public Records Act.
In December of 2007, DSHS held a Public Records Academy in Olympia which
was attended by more than 200 Public Disclosure Officers across the agency."

CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NATIONAL
SECURITY AGENCY/CENTRAL INTELLIGENCE AGENCY WIRETAPPING PROGRAMS....

CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.

every parent should read this .pdf from
connecticut dcf watch...

http://www.connecticutdcfwatch.com/8x11.pdf

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

*Perpetrators of Maltreatment*

Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5

Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.

CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...

BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...