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This site is
intended to help the public learn about the law and the
child
welfare system in Utah and work more effectively with their attorney
and with their CPS and DCFS caseworkers. The information provided, however,
does not constitute legal advice and must not be used as a substitute for
the counsel and services that may required from an attorney. Utah Families
Assn. is not responsible for the consequences of the application of any
information taken from this web site.
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THREE UNDERLYING PROBLEMS |
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YOU ARE ACCUSED |
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YOU ARE REPORTED |
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YOU ARE INVESTIGATED |
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July 2, 2007
In a decision that has stunned professionals throughout the country,
the jury awarded Mr. and Mrs. Roska $1 each in damages for the
illegal removal of their son, making $2 the current value of
parental rights.
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Rusty Roska, age 11,
taken by DCFS
without a warrant
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June 25, 2007
Roska v. Sneddon
10th Circuit Court
Judge Dale Kimball
Appeals
pending
Judge Kimball's order on state's MIL
June 18, 2007
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In
1999 workers from the Division of Child and Families Services
(DCFS) and a police officer stormed their way into the Roska’s home
in Layton, where Connie Roska ran a daycare, and removed the Roska’s son, Rusty, then twelve years old.
In violation of basic Constitutional rights and Utah law, they did
not have a warrant. They announced that they were taking Rusty into state
custody as an experiment to see if he would get better away from his
mother. The social worker had been reading stories about a
condition known as “Munchausen’s
Syndrome by Proxy," a highly controversial and unproven
psychiatric diagnosis which assumes that mothers gain attention by
making their children sick. Among other things, Connie was
accused of forcing doctors to remove Rusty's healthy appendix, then
his gallbladder. The workers refused to listen to Rusty's attending
physician who was on the phone during the removal telling them not
to take him. Rusty, who was getting better
but was still in a wheelchair and was still fed
through a tube was misfed and mismedicated in foster care and
became frighteningly ill. He was returned a week later,
without apology. The Roska's sued the state, and the workers
were found guilty of violating the family's Constitutional
rights. The State appealed again and again over a period of
years, at great expense to the family and the taxpayers. The courts continued to
uphold the worker's guilt. The July jury trial was for the
purpose of deciding the
amount of damages, punitive and compensatory, to be awarded to the
family for the illegal acts of the DCFS workers. The jury
voted to compensate the Roskas just $1 each for the horror caused
them by the State of Utah and not to punish the workers (they are
indemnified by the state) for their illegal acts.
After assuring the jury
that the Roska's attorney would be paid for his legal expenses, the
Attorney General's Office instead filed a motion to deny his fees
and then filed suit against the Roska's for $4000 in attorney
fees. Appeals are pending.
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Parker
Jensen
Primary
Children's and the State of Utah nearly forced him into chemotherapy
he did not want or need
The Jensen's have filed suit
against the state of Utah
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Parker Jensen, age 12, with
Utah Representative Mike Thompson
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Primary
Children's Hospital insisted that Parker Jensen had a rare bone
cancer in the soft tissues of his mouth and attempted to force him
into immediate chemotherapy. When the Jensen's requested a
second opinion, the State attempted to take Parker away from his
family and force him into chemotherapy.
He remains alive and healthy and active today.
read the
Parker
Jensen story here
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