Systemwide Review Of Foster Care Program Under Way

Last updated Wednesday, September 17, 2008 7:30 PM CDT in News

By Rob Moritz
THE MORNING NEWS

    CONWAY -- The state Department of Human Services is conducting a comprehensive review of Arkansas' foster care program in the wake of high-profile cases involving the deaths and sexual abuse of children in the system, a DHS executive told legislators Wednesday.

    Agency officials appeared before lawmakers to address admitted breakdowns in the foster care system brought to light after the arrest and conviction of Brian Bergthold of a Bella Vista for molesting foster children in his care. Also, authorities are investigating the deaths this spring and summer of four children in state custody.

    "We're doing a top-to-bottom review of all our processes, our systems, everything that you have mentioned here today we are looking at," Assistant DHS Director Janie Huddleston told members of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth.

    The two committees met for more than three hours Wednesday to discuss ways to improve the system.

    State police have disclosed few details in their criminal investigation into the deaths of four foster children, two in May and two in June.

    A Eudora woman has been charged with first-degree battery in the May 28 death of her 22-month-old foster daughter, who authorities said suffered head injuries, brain damage, cuts, bruises and welts.

    State police are investigating one of the other deaths as possible maltreatment, and do not suspect abuse or neglect in the other two deaths, DHS officials have said.

    Agency officials on Wednesday acknowledged serious lapses in the case of Bergthold, who pleaded guilty Tuesday in Benton County Circuit Court to sexually assaulting two of his foster sons. He was sentenced to 40 years in prison, adding to the 70-year federal prison sentence he received in August for producing child pornography.

    During the meeting, Bella Vista police detective Barb Shrum told lawmakers several foster children escaped Bergthold's home but were returned, despite telling DHS workers they were being abused. Shrum also said state workers did not have photographs of the children in their files and that some of the children were interviewed in Bergthold's home.

    Pat Page, director of DHS' Division of Children and Family Services, admitted to lawmakers Wednesday some employees in the case did sloppy work and did not follow procedures.

    Page said changes have been made to make sure protocol is followed, including requiring photographs of the children be in their files. Also, state workers are receiving specialized training in how to interview children and more changes will be made, Page said, though she stressed the foster care system is understaffed and workers are averaging 28 cases while the ideal is 15 or less.

    "What your saying is every worker is either working 80 hours a week or only getting about half the work done," said Rep. Barry Hyde, D-North Little Rock. "Given that statement, as horrible as this is, we can expect this to happen again and again. The more thin we're spread, the more things fall through the cracks."

    Rep. Donna Hutchinson, R-Bella Vista, who asked the Bergthold case be presented to the committee, said she was pleased DHS was addressing concerns she had. She said the system has had problems for years and she was "really encouraged by all the good things that are going on."

    She said she understood that more foster care workers are needed.

    After the meeting, Huddleston said under the agency's foster care review, 120 recent foster case files are being evaluated to determine if proper procedures were followed.

    Huddleston said the review was part of the second phase of an overall look at the system requested by Gov. Mike Beebe.

    Phase I was completed last month when some leadership changes were made in Children and Family Services, including about a dozen jobs being eliminated in the division's central office and the addition of workers in the field to improve service to children and families.

    Reader Comments (29 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    cybertech wrote on Sep 18, 2008 1:40 AM:

    " So once again the foxes are guarding the hen house. lol "

    ozarks wrote on Sep 18, 2008 7:12 AM:

    " You are right Cybertech. Does no one flipping care? Doesn't Hutchinson know, the state police and DHS work hand in hand and are joined at the hip? But she seems to be happy? Please give us an unbias investigation. Plus what DHS is trying to do is build an even bigger empire! Stop this madness. "

    BCR wrote on Sep 18, 2008 8:04 AM:

    " This is absolutely insane. Essentially, the lawmakers are accepting the statement "we're going to investigate ourselves" as a remedy to the problem... If this department is supposedly following the written laws of the state, then some very stupid laws that allow abuse to our children are on the books. Maybe it's time for a new batch of lawmakers. Starting with everyone on this committee who accepted this self-investigation "solution". "

    You know who wrote on Sep 18, 2008 8:06 AM:

    " I have written my letters, I have e-mailed Donna Hutchinson and she even e-mailed me back and I begged her to investigate these cases and look into my brothers case a year AGO!!....Our family asked to attend these meetings and speak and ask questions, Donna discouraged our family from doing so. Telling us that Pat Page would be speaking but we would not have the opportunity to say anything. I have contacted Senators, Representatives-I wrote Mark Pryor- I contacted Bozman-(who I have seen in many pictures-shaking these peoples hands DHHS, quoting GREAT JOB! WELL DONE!).

    All of these people work for the same common goal-MONEY! DHHS is a money making system for the state and NO ONE wants to see it stop coming in!

    PAT PAGE said it best yet she is the director of it all! SLOPPY WORK! Sloppy work will get you a prison sentence of 35 years! My brother is that case! He is serving a 35 year prison sentence for a sloppy job that was done to him and his children and no one is investigating his case!

    His daughters were put into a foster home were a known convicted child molester was around his children and now my brother is serving time! NO ONE has called our family to open up his case!! NO ONE!! And they do KNOW WHO I AM! "

    You know who wrote on Sep 18, 2008 8:16 AM:

    " "After the meeting, Huddleston said under the agency's foster care review, 120 recent foster case files are being evaluated to determine if proper procedures were followed." I WOULD SURE LIKE TO KNOW THOSE 120 cases!! MIKE BEBEE- denied my brother's appeal because he was the attorney general at the time!! He works for them!! It does not make sense what so ever!! The paper really needs to blow the lid of this!! Call me! "

    UAfootball wrote on Sep 18, 2008 8:26 AM:

    " I know! Let's pass a law forbidding co-habitating adults from being foster parents thus eliminiating many pefectly good households for childern to live in safely because Jerry Cox says it's a bad idea! Shame on you Mr. Cox. Why don't you propose a solution to fix THESE issues instead of worrying about whether or not kids are living with parents that are "married" or not. "

    BCR! wrote on Sep 18, 2008 8:48 AM:

    " Not to long ago an inmate died while in custody of the Benton County Jail. A couple of bloggers, like Ozark, called for an independent investigation of the death. The logic was that no government agency should investigate themselves. (Believe it was said best above, fox watching the hen house")

    I noticed a couple of bloggers on this page blasted those who called for an independent investigation into the death of the inmate, now you have changed your mind. Why? "

    You know who wrote on Sep 18, 2008 8:56 AM:

    " What DHHS is doing is waiting for the dust to settle and the news to quit writing articles about them and then the will resume business as usual! NOTHING WILL CHANGE.......NOTHING!

    I have been at it to long and I have been doing all I can as one person but I can not do it alone.

    I wrote Pat Page a letter a month for a year, asking and begging her to review my brother's case......I GOT NOTHING! WHere is the top? "

    recross1 wrote on Sep 18, 2008 9:27 AM:

    " ua football,I dont think co-habitating adults should be disqualified,like you said they are at least honest enough to be out front about it and many will and do provide safe healthy enviroments for these children.Its when a single male asks to be a foster parent for kids I think someone dropped the ball.It is quite obvious for one thing a single man can not raise a couple children alone.Now hold on before all you single fathers jump on me,I AM NOT saying a single man cant raise kids safely and healthilly.I am saying that if a single man were to come to me and ask to be allowed to foster young children and that he claims god led him to this,I would put a GREAT BIG RED FLAG on that one and it would be only after extensive and I mean more extensive than you would believe,in other words,it wouldnt happen,period.There is something wrong with a single man wanting to be tied down raiseing foster kids,kids that generally,not always but generally need added attention for whatever reasons and any NORMAL red blooded american male would not ask to be tied down to raiseing 2 or 3 kids or even 1 if he had a choice.
    I think if 2 men or 2 woman who are in a stable relationship and have been for several yrs want to foster a child then thats ok but a single man ...no way.And people can call me whatever but thats the wayitis "

    recross1 wrote on Sep 18, 2008 9:39 AM:

    " you know who,I dont know what the deal is with your bro but what you said is right,as soon as everyone stops raisin cane about this pervert they allowed to molest this kids and all the other screw ups they allow EVERYDAY,pass they will return to business as usual.
    The federal govt needs to get involved with this investigation,and a unbiased
    outside organization needs to be brought in and completely overhaul the entire staff and system currently in place in Arkansas's DHHS.When they find out who's pocketing all the kick backs and skimming the pot however they are doing it,and I can think of several ways,they need to be shown the inner workings of the Arkansas Dept.of Corrections and its many fine living establishments.
    America is becomeing a steal all you can get away with country and all these people that get state, and county jobs and are placed in charge are finding ways to pick the pockets of us tax payers to sum of billions of dollars a yr and ya know what,no one seems to care untill it strike home,when it effects you personally,ya turn a blind eye towards it.These floks in the ar.dhhs need to be held accountable! "

    You Know who wrote on Sep 18, 2008 9:52 AM:

    " I said that in my last comment blog...HUGE RED FLAG that even could have slapped some one on the way UP! I feel you have it pretty close recross1.....It's a little odd to have a single never married man asking to do GODS WORK??

    My brother was a divorced dad raising his "OWN" kids and his case worker HATED IT!! She went as far to let him know that his girls were better off in a home with a mother and a father. The case worker hated my brother and made it a point to see it through. It blows me away that Brian got past her! Oh I forgot case workers come and GO- "What your saying is every worker is either working 80 hours a week or only getting about half the work done," said Rep. Barry Hyde, D-North Little Rock. "Given that statement, as horrible as this is, we can expect this to happen again and again. The more thin we're spread, the more things fall through the cracks."

    Falling through the CRACKS alright! "

    justalocal wrote on Sep 18, 2008 10:04 AM:

    " You know who... have you tried writing a letter detailing everything and sending it to the editor of this paper and seeing if they will publish it?
    Just a thought!!... send it to every paper call every TV station. I believe in Justice and hopefully you will see it soon for your brother!!
    I have had good luck in the past writing Ken Hendren as well. "

    ravenmother wrote on Sep 18, 2008 10:47 AM:

    " Unless the kids are trully abused in their homes, why not let them go home? Boy, what a concept! But that doesn't make sense to Judge Jay Finch, or to DCFS. Also, justalocal, it is Kim Hendren, not Ken Hendren.

    That may be why you have had good luck with writing him in the past. I have written Mr. Hendren and had absolutely no response in the past.

    I hope this investigation does some good, but I'm not going to hold my breath. Until they get supervisors and caseworkers in the system that trully care about the kids, the system will continue to fail. "

    ravenmother wrote on Sep 18, 2008 11:13 AM:

    " Before anyone plays the "is he illegal?" card, the answer is NO, BRIAN BERGTHOLD IS NOT ILLEGAL!!!! So there is no reason to keep asking that stupid question "

    cybertech wrote on Sep 18, 2008 10:34 PM:

    " I was talking about this issue with my mom on the way up to a local bowling center.

    In our legal system there is supposed to be a presumption of innocence until concrete evidence is given to the contrary.

    Thing is with DCFS you are "GUILTY" until proven innocent and proving innocence with them is harder than moving a mountain.

    I stood by and watched the case with my sister and her daughter very closely and I am here to tell you that documents were falsified in favor of DCFS, they flat out lied in their statements truncated court reports, and sadder still is that the Juvenile Court judge bought the whole thing lock stock and barrel, she knows who she is too!

    There is so much evidence of malice, greed, and other things against DCFS but due to immunity laws, which should be abolished btw, that its hard to get anything real accomplished and somehow they think that an inside investigation will fix those problems??? Oh Puhhhlease!

    I guarantee you that a good 50% to 60% of those working for DCFS should see jail time for humanitarian crimes, at least that is my belief based upon what I have witnessed first hand. "

    cybertech wrote on Sep 18, 2008 10:42 PM:

    " Ohhhh and the other thing that relates to "presumption of innocence", those of you that work for DCFS take note here;

    A child(ren) should NEVER be removed from a home UNLESS there is 100% concrete evidence that the child(ren) have DEFINITELY been abused.

    If you dont have that evidence, then you have NO RIGHT to remove them from the home, PERIOD!

    Trust me, an truly abused child does exhibit certain types of behavior that is a dead giveaway, while a child who may be lying for whatever reason does not.

    If you can not distinguish between the two, and there is no other concrete evidence, then you have no evidence.

    Also remember that lying under oath is PERJURY! That and it is wrong to do so as is falsifying documents, which is FRAUD!

    So tell me how many laws you have broken today by your own actions under the guise of trying to protect the children???

    The very people many of those children should be protected from are those that work for DCFS!

    Put that feather in your hat! "

    You know who wrote on Sep 19, 2008 6:17 AM:

    " There are sooo many more of these type crimes that happen by DHHS but very few want to come forward because of retaliation from DHHS.

    IF we do nothing nothing will happen. "

    ravenmother wrote on Sep 19, 2008 10:06 AM:

    " I would love to come forward and expose those idiots at DCFS. Whats the plan, you know who? "

    ggranddaughter wrote on Sep 19, 2008 9:33 PM:

    " I too will join the fight against dhs and the monsters that are in the system. My five granddaughters were wrongfully taken from their home 5 years ago and dhs made false accusations against the parents and then turned around and put in the report that there were no living relatives. So they placed them back in the home where the baby had received SBS and almost died. They have since falseified documents and told the children that their real parents did not want them or love them and then dhs and this so called foster system told the children that their grandmother was dead. Yes I would love to see my grandchildren and dhs put in their place along with these so called good people(ha ha) dhs is bad news for the state of arkansas Let me know what I can do I am willing to do anything to see justice "

    you know who wrote on Sep 20, 2008 6:55 AM:

    " ggranddaughter-contact j.hutto@hotmail.com on this matter. She is with the State Director, UCRCoA
    ARKANSAS CHAPTER. "

    you know who wrote on Sep 20, 2008 6:59 AM:

    " ggranddaughter-I also wanted to let you know that DHS said those same words to my nieces. They told them NO ONE wanted them. Our family faught for them and then the case worker told us we had no rights because his rights were terminated and that we have to wait till their 18 to see them!! "

    ggranddaughter wrote on Sep 23, 2008 9:05 PM:

    " Thank you so much for the information. I have been trying to contact my granddaughters for over 5 years now and the so called foster parents who have since adopted them with the falsefying of documents by dhs and the judge here have changed their first and last names and have put their names on the birth certificates and they did not even have the girls at that time. Yes dhs and the court system have ruined my family and their lives also. It is a very sad situation with dhs and the courts, children should not be removed from the parents unles solid proof is there that they have been abused.If they have solid proof then the children should go to the relative and stay within the family line. Not abused by the system and pulled away from the only family that they love.. I will fight for the end of time for my granddaughters. once again thank you so much for any information that any one can help me with. May God Be With Yall. any one can contact me at greatgranddaughterofgeronimo@yahoo.com "

    wisdom wrote on Sep 24, 2008 9:58 AM:

    " My heart goes out to all of you who have been wounded by this agency. I agree with the blogger who suggested contacting the newspapers and TV stations. It seems like some people would not have received justice without an investigative report on TV (20/20, Primetime, etc). I know that is really sad, but true. You Know Who & Grandma, it sure couldn't hurt. "

    wisdom wrote on Sep 24, 2008 10:03 AM:

    " One more thing... I am a county employee and I give 100% of myself every day for my community. Not all of us are sitting here on our butts lining our pockets with your tax dollars. There are many people here who work very hard and honestly just for you. However, when it comes to the administration and its elected officials, there is such a backlash at anyone who desires to see real change in this county. They don't want change, they want it to stay the same..... "

    wisdom wrote on Sep 24, 2008 10:10 AM:

    " cont..
    Haven't you noticed our officials keep recycyling themselves in newly elected offices when they've already served in this county for years? If you want to take them on you'll have to be ready for the onslaught of republican friendships; the great political machine to hold you back. You can trust me I've seen it. The next time a politican says they have experience it means they have more experience extracting a lot of benefits for not a lot of actual work on your behalf. You all are so correct - it isn't about you, it's about them. "

    wisdom wrote on Sep 25, 2008 9:47 AM:

    " I should clarify that I am not talking about Democrats. Election after election, I see the good ole boys rallying around each other against any republicans coming forward in the name of reform. They guy you should be watching in the next election is the one who has the courage to live & work like a republican, not act like one. Governmental inefficiency and waste - Ha! You don't even know the half of it. I am sure may employees would speak out if they didn't have to fear losing their jobs over it. "

    You Know Who wrote on Sep 30, 2008 12:11 PM:

    " Wisdom: You may not come here again to read this but I could not agree with you more! I also wanted people to understand the incentives that take place within DHS for foster parents to adopt a child: Question: Doesnt it cost a LOT to adopt a child?

    No, not when you adopt a foster child through the state. In fact, it could cost you almost nothing. DHS does not charge a fee to apply for adoption, but you may have some minimal court costs and other fees. However, there is a federal tax credit of up to $10,000 for any adoption. "

    You Know Who wrote on Sep 30, 2008 12:15 PM:

    " The two families that adopted my brother's girls are each getting a $10,000 dollar break! Totaling $20,000 tax break!! Why could that money not go to helping my brother! The only problem he had was getting housing! Because his ex-wife refused to pay child support and the state refused to locate her and collect! Yet DHS can give foster families tax breaks for adopting his kids!! WHERE IS THE SENSE IS!! "

    Shadow2 wrote on Dec 11, 2008 3:08 PM:

    " Hi,

    My daughter was snatched by the DHS in July from me because I could not pick her up safely from a mental health hospital she was at. I called the hospital and asked if she could stay one more day until I could safely transport her and they said yes. I also called DHS hotline because I did not want anyone to think that I was abandoning her. (Dummy me to think they would actually help me)

    Well the next day DHS took her into their care and she was there until Oct. 3rd when she ran away. DHS did not call me to tell me she was missing.

    When I found out she was gone I helped the police place her on the NCIC ACIC and National endangered and missing children's (NCMEC) list hoping to find her.

    One week ago I was sent papers for child support for her from office of child enforcement. I called OCE and sent a letter too letting them know my child was missing and an endangered runaway.

    DHS wants their money anyways. My child turns 18 in Feb. I told them I would love to support her and had done whatever they asked me to before her disappearance.

    How does one support a child that is missing? Where does this money go? The OCE officer had no answer for me he said ask DHS.

    All I want is my child back safely. "


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