Editor's note: Child-custody cases fall under a peculiar category of the law, with special restrictions meant to protect both the child and those charged with ensuring his/her welfare.
In January, we reported on an unusual custody case involving a now 17-year-old Buncombe County boy diagnosed with chronic fatigue and immune dysfunction syndrome (see "Home for the Holidays," Jan. 6 Xpress). At that time, we promised further coverage pending an upcoming court hearing, which was held Jan. 14.
But even though the custody case has been resolved and the juvenile in question will be 18 in just over four months, state law bars most people from examining the official records without a court order. Meanwhile, confidentiality requirements bar the Department of Social Services from even discussing the case.
Whatever may be said to justify such protections, they unquestionably pose a significant obstacle to parsing these complex cases.
Many substantive questions simply cannot be asked (see sidebar, "Unanswered Questions"), making it almost impossible to assess whether the authorities handled a given situation appropriately.
The following report, then, is necessarily based on what could be heard and observed in open court or gleaned from outside experts.
"I cannot express in words how much of a living hell that last eight months of my life have been. I can't stress how pointless, unnecessary and painful this whole thing is and has been."
With these words, 17-year-old Ryan Baldwin emphatically called the authorities charged with protecting him from harm to account for how they'd treated him. The poignant courtroom moment capped a convoluted saga that had totally upended the lives of this Black Mountain family.
On Dec. 5, 2007, the Buncombe County Department of Social Services received a report alleging that the homebound teenager's medical needs weren't being met because his parents would not agree to some recommended treatments. The report also implied that the mother had factitious disorder by proxy (popularly known as Münchausen syndrome by proxy), a controversial diagnosis that some in the field reject as bogus.
Ryan, then 15, had been diagnosed with movement (tic) disorder, chronic fatigue syndrome and severe autonomic dystonia. The year before, the Social Security Administration had declared him disabled.
Under state law, the DSS is required to investigate complaints that, if proven true, would constitute child endangerment, and on Dec. 7, the agency dispatched a social worker to the Baldwins' home to discuss the claims. Due to confidentiality requirements, the Baldwins could not be told who'd made the allegations.
Thus began a two-year odyssey that would highlight the difficulties of diagnosing, living with and treating chronic fatigue syndrome; the questionable nature of the Münchausen label; and the unquestionable power of the DSS.
A "family-centered" approach
Although Angela Pittman of the Buncombe County DSS couldn't talk about the Baldwin case, she did discuss her agency's general philosophy and procedures.
"It's a very difficult job to balance, to look at and to work with families every day, and to make sure that kids are safe," said Pittman, the county's social work program administrator. Staff members, she noted, "are an extremely committed bunch of people that … believe in the work and want to get it right."
Last year, her department's 100 child-service specialists worked with 3,782 minor children and their families, including the Baldwins.
Like all N.C. counties, Buncombe operates its Department of Social Services under state and federal guidelines. The state rules stress a "family-centered" approach that Pittman said results in "more partnering."
Absent an "on-the-spot emergency," she explained, the first step in responding to allegations of abuse, neglect or abandonment is to sit down with the family and outline the concerns. "Then we talk about is it viable and is it safe for the child to remain in their home." If that seems unlikely, the department will "always explore kinship options first" — i.e. having the child stay with relatives or family friends.
If that's not deemed feasible, however, the DSS may actually take custody of the child, albeit with the goal of retaining as many connections to the community as possible (same school, same church, same friends) and making "kinship" placements a high priority. But "the thing that runs throughout," asserted Pittman, "is we are legally mandated to ensure child safety."
A "multilevel decision"
In Ryan's case, the safety issue triggered a yearlong investigation, followed by another full year of court appearances and a succession of foster homes. And in the process, the whole idea of "kinship" got stretched rather thin, as Ryan was removed from his home, forbidden to even speak to his parents, subsequently also taken away from his grandparents, and dispatched to foster care in outlying counties.
In March of 2008, the DSS shipped some 25 pounds of Ryan's records to Dr. Molly Berkoff, director of the UNC School of Medicine's Child Medical Evaluation Program in Chapel Hill, for formal review. It took Berkoff roughly nine months to complete her evaluation. During that time, Investigative Social Worker Jo Galloway visited the Baldwin home regularly, testifying later that she'd never observed "anything overly dangerous for Ryan."
Berkoff's report finally arrived in late December, triggering a "multilevel decision" to officially charge Ryan's parents with medical neglect, according to Galloway.
Despite never having met with any of the Baldwins, Berkoff concluded that Ryan was at risk because he didn't have a primary-care physician. She recommended mental-health evaluations for both the boy and his mother, specifically looking for evidence that Lisa Baldwin had Münchausen syndrome by proxy. Under questioning by the Baldwins' attorney, however, Berkoff said that it was the original DSS complaint — not Ryan's medical records — that referenced Münchausen's.
The official side: Angela Pittman discusses the policies of Buncombe County’s Department of Social Services.Cut off
Early in January 2009, Galloway left the Baldwins a telephone message saying their case was being closed and asking them to come in to sign some papers. Instead, when they arrived there on Jan. 13, they were served subpoenas; the DSS had filed its medical-neglect petition that same day. Ostensibly, that simply meant the family would start receiving in-home services to help them meet Ryan's needs.
Ten days later, however, the DSS asked the court for custody of the boy. The rationale for that change remains one of the key unanswered questions in the case. But removing a child from the mother's influence is a common approach to dealing with Münchausen by proxy.
The agency's next step seemed to reinforce that strategy: On Feb. 6, Ryan was abruptly removed from his grandparents' home. Dino Frattaroli, Ryan's grandfather, said the social worker had told him this was done because he "bought in" to the boy's illness.
Ryan had already been denied any communication with his parents, except for brief courtroom exchanges. The grandparents were allowed two phone calls per week — with a foster parent listening in — but were forbidden to discuss any health symptoms or issues with their grandson.
Ryan's subsequent placements further strained the agency's concept of maintaining strong links to the community. He was first moved to Bakersville (more than an hour away) and then to Warrensville (two-and-a-half hours from home and family).
On Sept. 28, Ryan — at his request — spoke candidly to the court about the trauma of forcible removal from his family, his discomfort in the foster-care system, and the restrictions on contact with family and friends.
"Maybe you should think about that," he told the court, "when the subject of socialization comes up."
In at least one foster home, according to Ryan, his caregivers said they'd been told there was "nothing wrong" with him — despite the specific physical symptoms he'd reported, such as chest pain (in 2008, he'd been diagnosed with a cardiac condition called a left bundle branch block).
Ryan also expressed frustration with the physical therapy he said he'd been forced to undergo till he eventually refused, saying it had done "nothing but make my fatigue and pains worse."
"DSS has been trying to address some sort of physical aspect," the now 17-year-old young man observed in court, "but what about the emotional one?"
Automatically guilty?
On April 27, 2008, during the hearings on the neglect charges, Dr. Paul Cheney, an Asheville-based specialist in chronic fatigue syndrome, was asked about his experience with "parents accused of Münchausen's."
The problem, said Cheney, is that CFS is diagnosed based on clinical symptoms, not test results. As a result, he said — citing his profession's tendency to believe that unless there's objective data pointing toward a particular disease, the problem must be psychological — "You're automatically guilty of Münchausen by proxy."
In popular culture, the syndrome has had a fairly sensational run in assorted books, articles, blogs and TV shows depicting mothers who deliberately make their own children sick.
And by whichever name, it has drawn considerable scholarly criticism. "It is a mental disorder that is poorly researched and controversial, and very rare," notes Judith Quick, an associate professor of clinical psychology at Argosy University in Tampa. And philosophy professor David Allison of Stony Brook University goes further, calling both Münchausen by proxy and a related syndrome not involving children "little more than constructions of institutionalized medical power" rather than "verifiable disorders."
Cheney, meanwhile, had this to say about the Baldwins' case after reviewing their records: "No, no; They don't have Münchausen by proxy." And holding up a hefty stack of Ryan's reports, Cheney testified, "This is not the stuff of medical neglect." As for treatment, he continued, "The most important thing to do is not do the bad things," such as forcing the boy to exercise, which could trigger a relapse.
Cheney did recommend having a primary-care physician as well as a CFS specialist. "That's the best — someone to call in the middle of the night; someone to be in charge of strategic issues," he said, adding that this should be arranged quickly because of Ryan's cardiac problem.
Ryan had last had a regular pediatrician in 2007. At that point, two different local pediatricians had declined to continue seeing him due to difficulties with his mother. the Baldwins said they'd tried unsuccessfully to find another primary-care physician, and Lisa said she'd asked the first social worker who came to her house for help with this but never got any.
Ironically, despite the DSS' own rule that children taken into custody must receive a physical examination within seven days, it took the agency seven weeks to get Ryan checked by a pediatrician. And despite the emphasis in the courtroom on the urgent need for a mental-health evaluation, that wasn't done until May 27 — after the hearings on the neglect charges had already been wrapped up.
Meanwhile, Lisa's psychological exam, which wasn't done until Sept. 23, concluded that the "clinical profile generated revealed no elevations which would indicate the presence of clinical psychopathology."
Medical neglect or parental judgment?
During the neglect hearings, the DSS called Ryan's two most recent pediatricians to testify concerning Lisa Baldwin's refusal to follow doctors' recommendations.
Dr. Mary Uritis, Ryan's pediatrician from 2001 to 2005, said Lisa had resisted using or increasing the dosage of certain medications that she felt Ryan couldn't tolerate. Under cross-examination, however, Uritis recalled various prescribed drugs that Ryan's mother had given her son, including allergy medication and antibiotics. "She was not averse to that," said Uritis.
Asked if it's unusual for children to have toleration issues, Uritis replied: "You have to go through the risks and benefits. Parents have to make that decision."
Dr. Teresa Herbert, Ryan's pediatrician from December 2005 to May 2007, said the Baldwins had "sought the best medical care available in the country" and had protected Ryan by getting him "homebound." But, she added, they hadn't followed "most of the advice" from the specialists they'd seen. "Their reason … sounds legitimate," she said, "but there is a point at which you have to take a chance and trust the physicians." Not doing so, she asserted, "has not helped Ryan." Interestingly, however, a Dec. 12, 2005, report from the Mayo Clinic, where the Baldwins had taken Ryan for evaluation, actually praises them for refusing various drugs, noting: "Previous physicians have discussed with the family the possibility of using medications including … Haldol for his tics. The family wisely has declined."
Both Uritis and Herbert had eventually refused to keep seeing Ryan as a patient, and in both instances, his mother filed a complaint with the North Carolina Medical Board. Both doctors testified that the board had exonerated them. (Xpress could not confirm this because, under state law, this information is also confidential.) Uritis and Herbert have since become professional partners at Park Ridge Pediatrics, and they filed suit against Lisa Baldwin last year over statements she made on a Web site she formerly maintained.
Meanwhile, Dr. Mark Vanderwel, a pediatric endocrinologist in Charlotte who'd evaluated Ryan in September of 2007 and again a year later, testified that he hadn't seen anything suggesting neglect. Asked about Ms. Baldwin's tendency (which was brought out in court) to sometimes overload practitioners with phone calls, e-mails and letters, he characterized it as "her way" of processing Ryan's care and "communicating with physicians the issues that she is concerned about with Ryan."
And Dr. Teresita Nelson, a child neurologist in Charlotte who'd also evaluated Ryan, was asked if she disagreed with the Baldwins' strategies in dealing with his illness. "I don't pass judgment, especially on a first visit, for what a family does to try and keep their children healthy," she said. "The way I look at it is, I may have the medical degree, but they have 16 years of experience with Ryan."
A shot at life
By the time the closing arguments in the medical-neglect trial were presented on May 18, 2009, the specter of Münchausen's had begun to fade, although DSS attorney Charlotte Nallan did accuse Ms. Baldwin of trying to prove "a bunch of other medical conditions that [Ryan] did not suffer from."
Nallan described the boy's former home life as a "sad, small existence of sitting in front of a TV or lying in bed because his mother is more concerned with his illness than she is with his health." DSS, the attorney asserted, "had to move this child out of the home in order to open up this child's life. … We've given this child a shot at life — a healthy, productive life."
In his own closing statement on May 18, Judge Gary Cash said that Ryan's safety had been compromised when "Mrs. Baldwin began to alienate the [local] medical community," leaving him with no access to a primary-care physician. The judge also wanted Ryan's mental health evaluated. For these reasons, said Cash, intervention by the state would be in the "best interest of the child."
In addition, Cash forcefully urged the DSS to relocate Ryan to a foster home in Buncombe County, which was finally done in June. Over the next few months, Ryan was allowed unsupervised home visits, and on Nov. 20, Cash provisionally sent him home for the holidays.
Finally, on Jan. 14, 2010, the judge returned legal custody to the Baldwins, encouraging them to maintain continuous primary care.
Interestingly, the whole timing of the court's action fit almost perfectly into the state's requirement that all custody placements be resolved within one year.
And despite the apparent finality of Cash's ruling, the Baldwins were surprised to receive another social-worker visit on Feb. 16. The reason, they were told, was that although the judge had returned legal custody to them, he had not, in fact, officially closed the case. Instead, it will close when Ryan turns 18 — unless someone decides to file another motion that would bring them all back into court.
Meanwhile, in his May 18 summation to the court concerning the neglect charges, Michael Ciochina, the Baldwins' attorney, asked, "Is this really a matter of the DSS gets to step into our personal lives and determine what medical treatment is appropriate for our children?"
And Dr. Cheney, in his expert testimony, said: "The only thing I can see is I think that mother's a little bit, at times, overbearing, you know — perhaps inappropriate with the physicians. … But I see that all the time: These mothers get crazy when their kids are sick."
Click here to go to Xpress Files and read an interview with Angela Pittman of the Buncombe County Department of Social Services.The interview was given with the express stipulation that individual DSS cases could not be discussed.
[Freelance reporter Nelda Holder can be reached at nfholder@gmail.com.]
It seems there is no state, or federal agency supervising DSS. The power they wield is enormous. They hide behind secrecy and do whatever they want without repercussions. There is no way to hold them accountable. This entire saga reeks of public corruption.
Sounds like DSS went up against the wrong mother. It will be interesting to see how they get out of this one.
Thank you for reporting on this. The arrogance of some of the players in this case is mind-boggling. I understand the desire to err on the side of caution, but how long can it possibly take to determine that a teenager really is sick, and doesn’t just think he’s sick because his parents have told him so?
Maybe “err on the side of caution” is the wrong term to use here. Erring on the side of caution would have meant taking his symptoms seriously.
WOW…………now the story slowly emerges.
If the boy was declared legally disabled by the
Social Security Administration since 2006, does
that mean he was receiving SSA Disability Benefits ? Maybe this IS a case of “Public Corruption” . Did the DSS take any of his benefits ? Very interesting……….please keep digging Ms Holder………your work may unravel
another Buncombe County,NC conspiracy !
Buncombe County DSS and all involved MUST be investigated for severe wrong-doing. What they did to Ryan and his family was criminal. They went after this boy for his SSA money – nothing more. They did not care for his health or well-being, just the money. And then when caught by the parents and system the DSS and all others involved were forced to cover their tracks and lie. Ryan did not receive the medical or educational care he required. Again, illegal given that this is required by the State.
Yes, it should be interesting to see what happens to Bumcombe County DSS and all involved in the months ahead. This should NOT have happened. This mother, father and the grandparents did the very best they could for their son and took hiim to the finest physicians in the US. Also, does it not strike anyone as quite ODD that a young male in his mid-to-late teens would allow his parents to act in ways unacceptable to him? This was NOT a baby who could not speak or protect itself. This was a young male who is smart and aware and could speak if there was a problem. Actually, he DID speak up against the DSS and the system that removed him from his very loving and supportive parents and grandparents.
Bumcombe County DSS: You will be investigated but by the Federal government – not the state or local authorities. This you can be assured of. The national press has picked this story up and is running with it now. Makes Buncombe County DSS look like a bunch of thieving Hill Billies…
Just a note to say that the Web edition of this story inadvertently (at first) dropped a reference to the expanded interview with DSS spokesperson Angela Pittman. To read that, you may go to:
mountainx.com/xpressfiles
Did the Buncombe County Department of Social Services take Ryan for his social security money? Why, I BET they did! And then they got caught and had to lie about the parents and Ryan’s treatment and keep lying to cover their little game up.
In some counties in the US children are taken from their parents simply because they have Federal and State monies, NOT because they are in danger or need to be removed from a bad situation. In Massachusetts, DSS made $90 Million Per Year by removing children who receive Federal funds. See the story – “What’s ‘Best For The Child’ Is Secondary To ‘More Federal Money” – Massachusetts News
By Edward G. Oliver http://www.massnews.com/past_issues/other/12_Dec/dssfed.htm
Thanks for your continued coverage of this important topic. It’s great to see real investigative reporting in the MountainX. To my mind, one glaring question in this case is whether the DSS really conveyed to foster families that Ryan had no medical condition, in spite of his being declared disabled by the Social Security Administration. If so, that’s some extremely serious wrongdoing that endangered this child’s health.
there is a movement afoot to change the laws governing DSS!
http://www.fightcps.com
Sign their petition please!
If you read the full interview of DSS by Ms
Holder, mentioned above, you will notice that
DSS appears to have followed NONE of their own
mandated procedures prior to taking this boy.
If, as the DSS representative mentions in her
interview, the county is the DSS governing body,
where were the Buncombe County Commissioners
when all these travesties of justice were taking
place, or are they also involved ?
Those involved in this matter should read the Queensland (Australia) Appeal Court judgement of R v LM [2004] QCA 192 at this link http://www.austlii.edu.au/au/cases/qld/QCA/2004/192.html
This case ruled that munchausen syndrome by proxy is inadmissible evidence. Thus the evidence of doctors who raised MSBP was inadmissible.
In answer to the comment by PETRA on Feb 24
concerning what DSS told foster parents about
Ryan. I personally recorded every phone call I
was allowed to make to Ryan, and on 2 occasions,
I asked Ryan to allow me to speak with the Foster
parent. I have his recorded statement that “DSS
told us that there was basically nothing wrong with Ryan ” ; and that was the reason they accepted him as a foster child !
Thank you Mountain Express, for your commitment to investigative reporting. Something is very smelly, here.
Interesting that several posters mention the issue of SS disability payments as being a hidden cause to take over this young mans life. And that this appears to be happening nationally. In cases like this it would be very interesting to “follow the money.” That is, if one had access or a legal means to do so.
ANY organization with such tremendous powers as DSS needs objective oversight.
Something very interesting was just revealed to
me. Is it true that a woman named Amanda Stone
holds the positions of both Director of
Buncombe County DSS and is also the Assistant
County Manager of Buncombe County ? No wonder
there was no intervention in this case by the
Buncombe County Commissioners. WOW…………
speaking of a conflict of interest and public
corruption! Unbelievable …North Carolina
Reporter’s note: It is correct that Amanda Stone is the director of Buncombe County Department of Social Services and is also an assistant county manager. We did ask to speak with her regarding this story, but were referred instead to Angela Pittman, Social Work Program Administrator for DSS.
Nelda, thanks so much for reporting on this appalling story.
The piece that intrigues me — and I hope you’ll follow up on this- — is:
“Their son progressed more or less normally until age 9, when he developed a movement disorder that produced various tics and other symptoms that became chronic. The parents believe a reaction to a drug prescribed for a stomach ailment may have precipitated the problems, but whatever the cause, the symptoms persisted.”
–“Home for the holidays: Truce called in ongoing custody battle,” by Nelda Holder
Mountain Xpress, Vol. 16 / Iss. 24 on 01/06/2010
I heartily encourage you to reveal the name of the drug and the physician who prescribed it, at least so other people can be aware of the possible consequences of taking this medication.
Even more to the point, since Asheville’s blessed with a bounty of health care providers whose expertise ranges beyond the constraints of conventional medicine, I heartily encourage you to interview such practitioners on their thoughts regarding this case. I suspect they’ve seen clients with similar problems and have treated them successfully.
WOW…………
speaking of a conflict of interest and public
corruption! Unbelievable …North Carolina
In private conversations, many folks have suggested or outright said Buncombe has a lot of corruption. This tidbit of info is troublesome and to me at least reveals they’re tone deaf to the “appearance of impropriety.”
I am wondering about the DSS attorney Nallan’s statement/reason as to why he was taken: (We)
“had to move this child out of the home in order to open up this child’s life – We’ve given this child a shot at life – a healthy, productive life”. Is that the reason he was hidden deep in the NC woods for 5 months without seeing or
speaking to his family? Is the young man now more
healthy and able to cope with life after being in the care of DSS ? I doubt it; but perhaps Holder can inform us on this point ?
@JusticeWatcher, that’s a good point. Is Ryan feeling better after being in foster care? Is he healthy and productive now?
There must be children at serious risk in that county who need DSS support more than a sick kid with a mom who cares about his health. Trying to pin the elusive label of Munchausen on the Mom is hardly better than defamation. (I wouldn’t let my kid take Haldol either! Are they going to take my kid away too?)
I hope there’s a lot of fall out for the DSS and the judge in particular. I hope the parents sue the county.
In reference to the picture of Ryan in his power wheelchair –
Ryan has been in possession of both a manual and power wheelchair since 2004. He has never propelled a manual chair. He was determined to be medically disabled in 2006 extending back to the year 2004. Ryan never received any benefits until his parents $1500/ mth drop in income requalified him to actually receive benefits in January 2009. He was taken by DSS after his first disability check in January 2009. He has however been declared legally disabled by SSA since 2004. No SSI money was available due to parent’s income until 2009. As a parent and social worker myself , I tell people it is not the receipt of monetary benefits that determines a person’s disability. There are many parents whose income disqualifies their child from receiving monetary benefits- but from a medical standpoint, the child is still medically disabled. According to the local SSA office – Feb 2010 – “Ryan’s disability was never in question and DSS never even asked to see a medical record”. When DSS took Ryan they argued that he was not “really disabled” except “according to Mom” yet they took his SSI disability .
The Mountain Xpress shows Ryan in the power chair, which was left behind in 2009 when they took Ryan with only his manual chair. At first, both wheelchairs were left behind by DSS. When Ryan was taken from his grandparents, the power chair was left behind. Ryan was placed in several non-wheelchair accessible homes and forced to climb 28 steps in order to eat each day. It was an experiment – a medical one…..with no doctor in sight….. Just DSS social workers practicing medicine of some sort. Ryan only used his manual chair when they decided to let him use it. As a parent- that breaks my heart.
A new wheelchair was on order since 2007 -This brand new power mobility device sits in a medical supply warehouse at Med Emporium in Charlotte after Andrea Biffle social worker with Buncombe DSS represented herself as the State and blocked his new $23,000 chair from being delivered while Ryan was in in DSS custody. The chair is still tangled in some sort of bureaucracy and is yet to be delivered- even though DSS states we are free to have it now. No family should have to deal with what we have dealt with especially from people who under the “color of law” are supposed to protect our rights and not abuse them.
Ryan’s family is in the process of having medical re-evaluations done to determine his current status and to move forward from this point, but they did express great concern over this throughout the year he was away.
Reporter Nelda Holder
The “Color of Law” term used by this mother
seems to be absolutely relevant in this case.
It would encompass all involved including the
DSS prosecutor and the Judge and warrants
Federal intervention.
Everyone here is bashing DSS, when in reality the workers at DSS merely provide a case to a judge. That judge makes the determination of custody, not the social worker. So, shouldn’t all this anger and the claims of corruption be targeted at the judge who made the ruling?? I know many DSS workers and they are true advocates for child welfare. Before a child is taken in to custody there are multiple warnings and infractions that have to occur. Then, the case is presented to a judge– don’t shoot the messenger. It seems like if anyone is to blame it would be the judge.
And as to whether he feels better after foster care, NO child wants to enter foster care. They want to stay with their parents even if the parents are putting cigarettes out on them. Kids don’t want to be put into a foster home, and they always prefer being with their parents. The notion that DSS needs his disability check is absurd. DSS is inherently subsidized by the government, they don’t need his check. I encourage everyone to take a step back and think a little more rationally. It’s easy to demonize DSS with such an emotionally charged story. Also, even if there is an investigation going on internally, we’ll never know, it isn’t public record. It would be prudent to wait for more information before everyone rushes to judgement.
The question isn’t simply whether Ryan Baldwin wanted to be in foster care. The question is whether removing him from his parents’ custody had the beneficial effects DDS thought it would.
The answer is no. Ryan had a disabling disease; putting him into foster care with people who believed he didn’t have CFIDS did not cure his CFIDS. It likely made his condition worse. And while I generally agree that rushing to judgment is a bad idea, I don’t understand why it took eight months for someone to figure out that the doctors at the Mayo Clinic were right all along.
Reference remarks made by Ashevegasjoe above:
Most Social Workers are decent, hardworking
people: but what happens if an elite group of
DSS/Lawyers/Judges conspire for personal profit?
Maybe you need to “Google” web sites such as
“Mass Outrage” or “DSS Dirty Tricks” to see
how these children are being taken for the
money they can generate to line the pockets of
Lawyers, Social Workers, Judges and in
some cases doctors who “feed the system” through
fradulent complaints….after all, they can
never be identified according to the law !
You, sir or madam need to wake up and smell the
corruption !
And the person who made that decision was a judge, not DSS
It’s like blaming a cop for putting someone in jail, sure they arrest you, but the ultimate decision is up to a judge. In this case, the judge agreed with DSS, but there are hundreds of cases where the judge decides to give custody back to the parents, as was eventually done here. I just don’t see why the blame isn’t on the initial ruling.
Which initial ruling- which judge? Please be careful when you state your facts Ashevegasjoe! There was more than one judge involved here. Also if the social workers and DSS attorney withheld exculpatory evidence that could have cleared the parents— who would you blame? The Judge,the DSS or the entire system? My understanding is that the medical reviewer was not even given all of the records. There were 4 current Charlotte specialists on board and DSS failed to submit their evidence. The public says- wow the parents did not have a primary caregiver but are you aware that 4 specialists from Charlotte were involved and taking care of him quite nicely when DSS stepped in? How did the parents fail to provide for his medical needs? They did not – Sure they took him to Urgent care locally because they had no primary caregiver but is that negligence? The heart problem was uncovered because Mom got the kid out of Asheville and properly diagnosed. Sure sounds like some Asheville doctors have a grudge here. One that brought the troops in! DSS is powerful but in the wrong hands they are a weapon that protect doctors and the lacking health community.
It has been my experience that in Juvenile
court,at least, the Judge bases his action on
both the evidence submitted by DSS and also
usually follows the recommendations of the
DSS attorney ! In other words, the parents are
guilty until proven innocent! Their accusser
is never revealed ! That’s why so much blame
is usually placed on the DSS. THEY, in effect,
control the Court actions, not the Judge. He
usually just rubber stamps what DSS
recommends.
This time they were stopped by a Mom with meticulous records, above average intelligence and extraordinary diligence.
My fear is that we may never know what other travesties of justice were committed by these scoundrels under the guise of public trust.
Courtman– that is b.s. I know for a fact that judges regularly deny DSS requests. To say they rubber stamp DSS is false. There are lots of times when DSS workers request custody and are denied .
Concerned Citizen, the story presented claims exculpatory evidence was withheld, but again, we don’t hear from the other side due to privacy issues. I just think we should wait to hear DSS’ side before we call for a lynching. It’s obviously an emotionally charged issue, and with only one side being able to be presented, it seems a tad skewed.
Denial by the Court of a DSS requested custody
action is probably done in cases where there
are no Federal or State funds connected with
the child…………but, I’ll agree that a few
cases are handled properly in order to keep up
appearances and avoid corruption suspicions.
This is a national problem…not just Buncombe
County. Read the reports concerning Mass., Texas
California and just recently Pa. ( All involved
corrupt DSS personal and Judges. )
Ashevegasjoe: I’m wondering what you mean by ” the story presented claims exculpatory evidence was withheld.”
Reporter Nelda Holder
“I’ll agree that a few
cases are handled properly in order to keep up
appearances and avoid corruption suspicions”
that couldn’t be because there exist DSS workers who actually care about kids, and administrators who do their job properly?? The more you write, the more you sound like someone with a chip on their shoulder. I still say DSS doesn’t care about the kids money, they are a government agency, and as such, will be subsidized for eternity by the government. I know people who work for DSS, and whether or not a child gets a check does not factor into their decision– which as I’ve stated, is a judge’s decision.
For the record: DSS does not earn money by taking kids. The disability check would go to the primary caregiver, rather than the parent, to provide for the child. This whole notion that DSS did this for money is false, and I have verified this with an anonymous source. They don’t get a cut of the money.
Ashevegasjoe : Sounds like you are related to your DSS anonymous source. Do you actually believe
that DSS would admit they take children for money?
I really don’t know about this particular case;
except for what I read in the articles; but I sure would agree that DSS offices across the nation are using these same tactics and bringing
in a lot of “Federal Special Needs Funds” in
addition to frauding out Medicaid and the SSA.
Please reference “Follow the money” article submitted by William Cobb above. Surely you Ashevegasjoe and your so called “informed DSS sources” must know about matched funds and additional money which is available and the spread the wealth principles of spreading the money in referral fees right? – or are we just talking about a measly SSI payment here? Why don’t you ask how much was spent maintaining this kid in foster care—taxpayer moolah or even taking the kid and the county ? DSS dollars to pay the gang to prosecute? . I think the numbers will blow all our minds. I mean after all the parents probably got peanuts -for 1 month- compared to what the foster parents got and they (foster parents) all failed to even provide for the kid. Who paid for his education while in custody? The 100 plus a month?
For an additional education please Google DSS in Columbia SC and see what that group of losers did there . The corruption is everywhere and in that case involved hundreds of DSS cronies. Oh and it involved I believe the DSS finance director who I believe got 8 years. Even though in the end he squealed on his own innocent ??cronies. My guess is that is what in the end, will happen here. Nothing was followed in this case (by the book) and surely as a social worker herself- the mother is trained in proper procedure and what constitutes neglect. I believe DSS hand picked this one for a reason . After all, are you aware that the family had a child advocate -Jerry Rice- following the kids life for 6 plus years-since he became ill? . Advocating for his rights to an education, appropriate healthcare etc. The guy’s been advocating for 22 plus years in Buncombe County. For a real education as to what DSS does in may locations across the country —Google Senator Schafer in Georgia and DSS. Her goal is to shut down these corrupt operations across the US.
The quote from Cobb is below-
“Did the Buncombe County Department of Social Services take Ryan for his social security money? Why, I BET they did! And then they got caught and had to lie about the parents and Ryan’s treatment and keep lying to cover their little game up.
In some counties in the US children are taken from their parents simply because they have Federal and State monies, NOT because they are in danger or need to be removed from a bad situation. In Massachusetts, DSS made $90 Million Per Year by removing children who receive Federal funds. See the story – “What’s ‘Best For The Child’ Is Secondary To ‘More Federal Money” – Massachusetts News
By Edward G. Oliver http://www.massnews.com/past_issues/other/12_Dec/dssfed.htm “
Do a Google on Haldol……it’s for severe psychotics. The ones who think they’re Napoleon or Jesus Christ and they’re leading the world to the rapture.
Ms Holder: I congradulate you on writing two(2)
articles that have provoked more interest and
awarness concerning public corruption in North
Carolina…………especially when it involves
children. Please keep up your investigations and
you can possibly help rid North Carolina and
especially Buncombe County of
” The Untouchables ” …..corrupt Public
officials. Make NC a decent place to reside once
again. Thank You
Ref. DAVYNE Comment OF Mar 02, 2010 at 1:58PM,
concerning the drug Haldol :
Sounds like the perfect drug for DSS Lawyers,
Guardian ad Litems and Court personnel.
It’s impossible to know why these particular DDS workers did what they did without knowing more facts. Maybe they took Ryan because of screwed up incentives. Maybe they took Ryan because they erroneously believed CFIDS not to be a real disease (it is, sadly, a very real disease), and they felt that taking him from his parents was the only way to save him.
Even if they acted from the purest of motives, they didn’t do their homework. They didn’t follow their own procedures. You want to blame the judge? That’s fine. There’s plenty of blame to go around. But this case never should have come before a judge in the first place.
Ashevegasjoe,
Do you really believe what you are saying or are you just playing the devil’s advocate.How do you propose we find out The DSS’ side? They hide behind a veil of secrecy and won’t comment on anything regarding this case.
To me the issue is clear, especially after the
Mother’s comments on this article. Ryan was
officially declared disabled in 2004. Due to
the family’s income, he received no monetary
benefits. When the family’s income dropped by
$1500.00 a month in 2008 due to the financial
banking crisis, Ryan then qualified for
monetary benefits. He received his 1st SSA
check in mid Jan. of 2009 ! ONE (1) week later
DSS took him ! ANY QUESTION AS TO WHY ???????
I’m not related to anyone in DSS, yes I am playing devil’s advocate, and my understanding is that more information will come out when the kid turns eighteen. Whether or not this should have gone in front of a judge will be clear then. But the fact remains that it did go before a judge, and at least originally, he or she ruled to place the kid in a foster home. What I believe is there is more to the story, and I would like to hear it before I lump this situation in with the one’s referenced above. It’s fine to reference other cases in other states, but that doesn’t mean that it is the same situation here.
Ref: Comments by Susan Wenger on Mar 02:
“It’s impossible to know why these particular DSS
workers did what they did without knowing more
facts ” . The answer to that one is simple…they
were following the orders of their supervisors and legal personnel! They all share the blame because they knew what was going on was illegal,
but failed to advocate for the young man or
complain to federal athorities;(as required by the Social Worker’s Code of Conduct )……in some cases they may have actually been a part of this “public corruption” and profited themselves from the illegal proceedings. Or, they may have just feared for their jobs and retirement……..after
all, this case was being directed by some very
high officials in DSS, the County and Judiciary!
These are “The Untouchables ” ….the ” Mountain
Mafia” …………Guard your children well. GOD
help any family that asks DSS for help .
Wow, that is crazy. God help the children that DSS protects from parents who shouldn’t be parents.
Ashevegasjoe: Apparently you don’t read very
well. I stated ” God help any family that ASKS
DSS for help “. If you read the original article,
you will note that this family ASKED DSS to help
them find a Primary Care Physician. Instead, DSS
took the child BECAUSE he had no Primary Care
Physician ! ( He had 3 Charlotte specialists
instead). DSS helps a lot of people; but in
this case, they used the request for help as
an excuse to take the young man…..and as you
appear enjoying hearing…”with the Judge’s
blessing” ! PLEASE READ CAREFULLY !
This article deals with the kidnapping and torture of Ryan Baldwin of Blk Mountain and should be placed in the area of any search on Ryan Baldwin DSS !!!!