In this article, we explain why Suzanna’s case should not have happened. 2 ( See Figure 1, Total Maltreatment Allegations by Maltreatment Findings and Maltreatment Type – 2016.) The notion of equating unsubstantiation in the world of child welfare to false allegations can be very dangerous for children. There were 35,864 cases that were unsubstantiated in Wisconsin in 2016. Unfortunately, Suzanna’s case is not exceptional. ![]() Based on the original unsubstantiation of the case of Brian, who is Jenny’s step-brother, both CPS and the police department view Jenny’s mother as a crank and the allegations as false.Īccording to the DCF’s guidelines, use of the term “unsubstantiated” does not equate to a conclusion that abuse is not present, just that it is not sufficiently verifiable. Recently, Jenny started to make disclosures of sexual abuse by Jon. Brian made a full disclosure of abuse, but because the case was initially unsubstantiated, Brian’s case will not be heard. With nowhere to turn, Suzanna paid for private therapy with a trauma-informed therapist. Even support groups for sexually abused children and families were limited to substantiated cases. Free therapy was limited to substantiated cases. Suzanna attempted to get therapy and supportive services for Brian but found a closed door at every turn. The Family Court has continued to order unsupervised periods of placement with Jon. It interpreted the allegations as false and castigated Suzanna on the record for continuing to raise these “false” allegations. That assumption was wrong! The family court judge deferred to CPS’s finding of unsubstantiation. The social worker assumed that family court would protect Jenny. ![]() When Suzanna attempted to protect Jenny, the effort was unsuccessful. The CPS social worker did not believe that Brian was coached. However, the CPS report stated that despite the unsubstantiation, both the police officers and the social worker found Brian credible. The district attorney did not file charges. The CPS social worker described him as “hesitant” and not really wanting to discuss details. ![]() He could only say that it happened almost daily. Although he gave detailed descriptions of the sexual acts, he could not give dates or times. Brian was interviewed several times by law enforcement staff, the CPS social worker, therapists, and workers at a child advocacy center. This was reported to the police department and the local child protective services agency (CPS). He was recently appointed to Game Over: Commission to Protect Youth Athletes, an independent blue ribbon commission created to examine the institutional responses to sexual grooming and abuse by former USA Gymnastics physician Larry Nassar. ![]() He has been retained as an expert witness in more than 25 states, on topics including child abuse and foster care. (M.S.W.), Esq., is a professor at the School of Social Work, Yeshiva University, New York City. She has trained lawyers, law enforcement workers, social workers, and educators statewide on child abuse and neglect issues.ĭaniel Pollack, M.S.S.A. She is a former Milwaukee County assistant district attorney, focusing on child abuse and neglect. Kornblum, Boalt 1982, is an adjunct faculty member at Marquette University Law School and an instructor at Milwaukee Area Technical College (Paralegal Department) and has a private practice in Mequon.
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