GUILTY NY - Erin Maxwell, 11, found hanged, Palermo, 29 Aug 2008

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Absolutely horrible that this young child was not protected by authorities and that people knew that this was going on and did not stop it. How alone she must have felt! It saddens me to think of the life that she endured under the so-called care of her father, step-mother and step-brother. May she rest in peace.

If you read the PDF, step-mom had prior run in's with CPS in 1996. The information was deemed outside the scope of the Erin investigation so details were not included. And I would like to point out that step brother looks remarkably well fed considering Erin was starving.
 
He sounds like he has a schizophrenic personality. Hearing voices/visions of grandeur and acting the part. Something is extremely wrong with the family (obviously) and it trickles down and poor Erin is the victim of this atrocity. Lifestyle...phooey...abuse and neglect are more the answer. Going to find some other personality disorders within this group.

I heard a comment the other night on the news and the person said the prisons are filled with personality disordered individuals. These people know right from wrong and act out their impulses anyway. If the man is schizophrenic and not on meds there is further culpability from the people responsible for his care. These same people are responsible for having children live in squalid/unhealthy conditions due to enough animals to fill a zoo.

Woah, wait. You are mistaken here- Schizophrenia is not a personality disorder, not even close! They are on two completely different Axis'!Schizophrenia is an Axis I mental illness, Personality disorders have their own little place in the DSM under Axis II.
 
It seems to me, after reading the PDF, that only when an allegation was made would the parents partially clean the house. Only enough to pass the caseworkers inspection. Meanwhile they let it get dirty and brought chickens and such in the house. I believe they knew how to work around the caseworker and were able to hide things that were really going on inside the house. Also Erin felt "attacked" by any allegations that something was going on at the house. Bless her that she was sticking up for her family and her homelife when questioned by authorities. She was making do and trying to get by in life. I noticed the step-mother was much older than the father and also was the only one that worked. I would love to see what psychological problems the father had and also the step-brother. Someone failed this child miserably.
 

This so called report makes me want to vomit. They clearly wrote this up as a defense for their actions (lack there of). I despise the way they try to validate their lack of actions by using Erins own testimony. Of course she is going to say everything is fine at home. Of course she was going to deny any wrong-doing on her parents part-they probably scared the carp out of her everyday. The way CPS defends themselves in this report is lower than low.:furious:
 
This is unthinkable -- what next?? I am just ill - RIP Erin Maxwell.
 
Apparently, this may be another case where the child was reported to officials, and in this case, the living conditions were ruled to be "a lifestyle choice". WTF does that mean???

See the "Comments" left at this news story:
http://tinyurl.com/55jo54

From poster named vjs529 - 9:59 AM today, 9/1/08
I knew the little girl. I along with others have turned the family in, a number of times to DSS to no avail. The living conditions were putrid, animal waste, 100's of animals of all varieties wandering through the house and kitchen. Animal waste greets you in the shed at the door. This child has a history of being neglected, underfed, and certainly abused and no one would remove her from the home. It was branded a lifestyle choice. Erin had no choices, she was at the mercy of her family and our system, both of which failed her. It makes me sick, that the big issue out there now is how many animals are being taken from the home. We need to ask ourselves, why, the living conditions are bad enough to remove the animals, but considered a lifestyle choice when deciding whether to remove a helpless child. Erin was a most beautiful child with so much potential and resiliancy. I hope justice will found here and I sincerely hope our DSS is held accountable for this preventable tragedy.

I am welling tears - I cannot imagine that little girl's 11 years of life, nor can I imagine how a parent could subject their child to it. :( :( :(
 
OMG, this is so heartbreaking!! :(

That poor child!! NO child should grow up and live like this and I wonder why noone helped her if it was reported! Makes me sick!!!

It really is. Reminds me of the DSS in Philly, PA - same thing happening over there...
 
lets see-they have been following the child's substandard home environment for three years-the family refuses food assistance even though the child at the center of the report eats from garbage cans in spite of there being adequate food within the house.

Just a question if CPS is looking for a place where Erin might have fallen through the cracks, especially after the home visit in 2006-what would have happened if Erin was evaluated by medical personnel? When was the last time the child was seen by a pediatrician? How was her growth? I mean, just because she had some internal mechanism that allowed for her to continue to be bright and social does not mean that she either was not starving or that she believed she deserved to eat out of garbage cans. Beyond that there was already a person in the household (step mom) who was known to CPS.
 
You are correct believe...and not only was cps following Erin's sub-standard home environment, they witnessed it deteriorating first-hand. Any clown who could read those reports and compare the 1st complaint to the last complaint could see it deteriorating!! I'm sorry but this is a flat out failure on the part of CPS. There is no way they can candy-coat it to make it look like they tried. If I were living in Oswego County I would be outraged that they really think people living there are dumb enough to buy their bull.
 
I do not know much about the court system or anything in New York, my experience is in a different state. However, in my experience, if CPS would have petitioned the court in any of the three instances, the petition would have been denied. Before removing a child, unless there is a risk of immediate danger, you are supposed to provide the family with services or give them a chance to clean up a dirty house. To go into court and say that the family did clean up when asked and the child, as well as everyone else, deny any problems, the court will throw it out and ream out the worker for filing the petition.

Even if a petition was authorized, there is no way the child would be in the system for any length of time. All the parents' attorney has to do is demonstrate that the house is clean and, since the child denies any problems, the child would be returned home.

As a worker, you can have a gut feeling, and you can know deep down that something is wrong. However, the court doesn't let you get by with gut feelings, you have to have hard evidence that the parents are not cooperating and being at home is detrimental to the child. If a child is well adjusted, saying they are eating, saying there are no problems, there is adequate food in the home, and the parents follow directions to clean up, there is no LEGAL basis to remove the child.

Sometimes it sucks being a social worker because sometimes you are forced to do something you don't feel in your gut is right simply because of the law/court. Yet, when something happens, the social workers are the ones that get "thrown under the bus" so to speak.

As I said, I cannot say how New York works, I only know from my experience in a different state. There is so much that factors into social workers decisions that people don't realize and don't know about. I will admit, there are bad social workers who make bad decisions. But that's not always the case. And before someone brings up that they never brought any of the allegations to court, so how would they know how it would be handled, let me say this. If you've worked in a specific county for any length of time, you learn what flies and what doesn't. You know exactly what needs to be in the petition and what proof you need. If you don't have that proof, you know to not even take the case to court.
 
I do not know much about the court system or anything in New York, my experience is in a different state. However, in my experience, if CPS would have petitioned the court in any of the three instances, the petition would have been denied. Before removing a child, unless there is a risk of immediate danger, you are supposed to provide the family with services or give them a chance to clean up a dirty house. To go into court and say that the family did clean up when asked and the child, as well as everyone else, deny any problems, the court will throw it out and ream out the worker for filing the petition.

Even if a petition was authorized, there is no way the child would be in the system for any length of time. All the parents' attorney has to do is demonstrate that the house is clean and, since the child denies any problems, the child would be returned home.

As a worker, you can have a gut feeling, and you can know deep down that something is wrong. However, the court doesn't let you get by with gut feelings, you have to have hard evidence that the parents are not cooperating and being at home is detrimental to the child. If a child is well adjusted, saying they are eating, saying there are no problems, there is adequate food in the home, and the parents follow directions to clean up, there is no LEGAL basis to remove the child.

Sometimes it sucks being a social worker because sometimes you are forced to do something you don't feel in your gut is right simply because of the law/court. Yet, when something happens, the social workers are the ones that get "thrown under the bus" so to speak.

As I said, I cannot say how New York works, I only know from my experience in a different state. There is so much that factors into social workers decisions that people don't realize and don't know about. I will admit, there are bad social workers who make bad decisions. But that's not always the case. And before someone brings up that they never brought any of the allegations to court, so how would they know how it would be handled, let me say this. If you've worked in a specific county for any length of time, you learn what flies and what doesn't. You know exactly what needs to be in the petition and what proof you need. If you don't have that proof, you know to not even take the case to court.

I absolutely accept this argument as truth, HOWEVER by their own admission, medical personnel are a resource-what if CPS had given her an examination, at the very least in 2006? I am not trying to nitpick, however by anyone's standards hoarding food at school and eating from garbage cans is not normal behavior.
 
I absolutely accept this argument as truth, HOWEVER by their own admission, medical personnel are a resource-what if CPS had given her an examination, at the very least in 2006? I am not trying to nitpick, however by anyone's standards hoarding food at school and eating from garbage cans is not normal behavior.

I concede that a psychological examination probably would have been appropriate. The reason I say this is because 1.) there was plenty of food observed in the home, and 2.) the mother stated the child did the same thing at home. While it may be that she was honestly hungry, it also may have pointed to possibly psychological issues steming from a need for control. Since there was no note of her looking emanciated or anything, I would tend to lean more towards the fact that a psychological should have been requested. However, here is where you come to a catch 22. Unless the court has jurisdiction of the children, the family cannot be FORCED to do anything. It can be strongly recommended, or you can say "if you don't do this your children may be removed", but it cannot be forced. In situations of immediate danger, or alleged sexual abuse, the rules are a little different. However, I do believe they should have made an attempt to at least provide the family with information regarding counseling.
 
I concede that a psychological examination probably would have been appropriate. The reason I say this is because 1.) there was plenty of food observed in the home, and 2.) the mother stated the child did the same thing at home. While it may be that she was honestly hungry, it also may have pointed to possibly psychological issues steming from a need for control. Since there was no note of her looking emanciated or anything, I would tend to lean more towards the fact that a psychological should have been requested. However, here is where you come to a catch 22. Unless the court has jurisdiction of the children, the family cannot be FORCED to do anything. It can be strongly recommended, or you can say "if you don't do this your children may be removed", but it cannot be forced. In situations of immediate danger, or alleged sexual abuse, the rules are a little different. However, I do believe they should have made an attempt to at least provide the family with information regarding counseling.

I think it is fascinating that the child and house reeked of animal urine-another question that might have crossed my mind was whether the other family members clothing also reeked of urine.

In these some what subtle cases, is it fair to say that one family member is targeted to bear the brunt of neglect, deprivation or abuse? Maybe this should be part of a new yardstick-the house was in substandard condition but the family refused public assistance. The school went so far as to repeatedly launder the child's clothing....Step mom and son were employed outside of the home-did their clothing smell as well?

JMO.
 
but what if the reports were correct and she was happy and the family had a hard time keeping up? Reports said she did well in school.

I don't know... I mean, it seems her step-brother killed her, not her parents. I know they should've protected her.
I feel sooo bad for the poor little girl, God rest her soul.
But she seemed to love her dad.
 
It really is. Reminds me of the DSS in Philly, PA - same thing happening over there...

It's actually DHS over here.

Six people were just arraigned the other day concerning Danieal Kelly. In case folks aren't familiar with this case this was a 14 year old little girl with cerebal palsey who was left to starve to death in her own waste with maggots crawling on her in the heat of summer with no venilation in the room. Amazingly at some point relatives decided to sue.

We also had several years ago poor little Portia Bennett murdered. DHS was supposed to be on the ball for Portia and her siblings.:furious:



http://www.philly.com/philly/news/local/20081007_Six_arraigned_in_Phila__child-neglect_case.html
 
this is right near my house. its been all over the news. there is a lady who reported this years ago who is livid at this, the same things she reported were still going on and no one did anything about it.
 
this is right near my house. its been all over the news. there is a lady who reported this years ago who is livid at this, the same things she reported were still going on and no one did anything about it.


Ahh well, I agree that the perps were responsible-yes perhaps her step brother murdered her, but I cannot help but argue that there is a reason why he thought she was disposable....
 
Ahh well, I agree that the perps were responsible-yes perhaps her step brother murdered her, but I cannot help but argue that there is a reason why he thought she was disposable....

If she was being neglected and mistreated then that would account to why the brother felt she didn't matter.
 
Lets all face it; NYS's system is completely screwed up.
 
If she was being neglected and mistreated then that would account to why the brother felt she didn't matter.

or maybe he's just sick and twisted.

My goodness, I just realized the father is only one year older than me!!
I pictured someone much older.

the step brother is just 9 or 10 years younger than the father, I believe.
 

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