GUILTY NY - Kenneth White, 5, Berne, 18 Dec 2014

[southsleuth]

"Albany County is accusing Tiffany VanAlstyne and her mother, Brenda, of abusing the girls, which is a civil charge. Both of them denied those accusations.

In court it was said that Brenda VanAlstyne has an untreated mental health condition that includes anxiety and PTSD. She was the legal guardian to Kenny and the two girls because the biological parents walked away, according to the court."

From your link.

BBM I don't understand what that means, a civil charge? (sorry being dense) And please don't tell me BV is using that excuse for herself too. I have a mental health condition that includes anxiety and PTSD. I do not have any children but believe me I am competent and caring and would never harm a fly, nor endanger anyone.

You aren't dense, or either we both are. How can child abuse be a civil charge?

 

[FindHG]

You aren't dense, or either we both are. How can child abuse be a civil charge?

Could it be a case of being able to present a preponderance of evidence that there was abuse vs proving beyond a reasonable doubt, but either way to have the legal custody of the girls not be in doubt or easily challenged?

 

[Jan]

On the prison search page, I couldn't find anyone with his name and the men that did come up were all black. Did you find his actual name there for a white inmate or former inmate? I don't see how child abuse can be a civil charge. I wonder what evidence they have and how they got it about past abuse of the children. These children need to go to a loving adoptive home where they can have a normal life. It needs to happen while they are still young and I hope they are kept together.

 

[FindHG]

On the prison search page, I couldn't find anyone with his name and the men that did come up were all black. Did you find his actual name there for a white inmate or former inmate? I don't see how child abuse can be a civil charge. I wonder what evidence they have and how they got it about past abuse of the children. These children need to go to a loving adoptive home where they can have a normal life. It needs to happen while they are still young and I hope they are kept together.

I hope so. It seems like LE and Albany are doing what they can legally, if the loving adoptive home that would have them exists. Supervised visitations sound right to me, especially while there is a case in process.

 

[shadowangel]

I've been reading quite a bit on the difference between civil charges and criminal charges, and the only thing I can get out of it (being someone with no legal training) is that BV may be guilty of negligence-failure to provide proper care (the original report from the Albany area paper stated "abuse and negligence") which in some cases would be a civil charge. Maybe I'm just trying to maintain some slender hope that the kids weren't physically abused.

The sheriff had stated that the motive wouldn't be released and wouldn't be known to the public until the trial. Could it have had something to do with the doctor visit? Could the doc have asked the kids some questions about the care they were receiving and Kenny didn't "give the right answer", causing TV to worry about the home being investigated?

 

[screecher]

On the prison search page, I couldn't find anyone with his name and the men that did come up were all black. Did you find his actual name there for a white inmate or former inmate? I don't see how child abuse can be a civil charge. I wonder what evidence they have and how they got it about past abuse of the children. These children need to go to a loving adoptive home where they can have a normal life. It needs to happen while they are still young and I hope they are kept together.

Perhaps White was incarcerated in Ma. ? IIRC, he lives in there. Ma. does not have an inmate lookup online.

 

[nikb]

Shadowangel I've been doing the same thing, looking up info on the difference between Civil and Criminal charges. For anyone else who wants to read more here's one useful link I found: http://criminal.findlaw.com/crimina...between-a-criminal-case-and-a-civil-case.html. It sounds like it's probably easier for someone to be found guilty on a Civil charge. Maybe someone with more legal background will weigh in.

 

[2Hope4]

Still makes no sense to me. Should be criminal charges. I don't think there is jail time with civil charges is there? I know like if someone owes you money you go to civil, malpractice you can sue in civil, and in some murder cases we've seen families file a civil suit to keep the murderer from making money off the murder, or if the murderer was found not guilty in a criminal trial, then the family can sue for murder in a civil suit. The burden of proof I don't think is set as high in a civil court. But to me, this should be criminal! A child died for gosh sakes!

 

[Icanseeyou]

Merry Chrismas Kenneth..may you be watching down on your siblings and keeping them safe, on this very special day.

 

[nikb]

Still makes no sense to me. Should be criminal charges. I don't think there is jail time with civil charges is there? I know like if someone owes you money you go to civil, malpractice you can sue in civil, and in some murder cases we've seen families file a civil suit to keep the murderer from making money off the murder, or if the murderer was found not guilty in a criminal trial, then the family can sue for murder in a civil suit. The burden of proof I don't think is set as high in a civil court. But to me, this should be criminal! A child died for gosh sakes!

I totally agree. Even after reading the descriptions I didn't understand how this would be civil and not criminal, other than maybe the lower burden of proof. I wonder if additional criminal charges might be coming at some point.

 

[FindHG]

I totally agree. Even after reading the descriptions I didn't understand how this would be civil and not criminal, other than maybe the lower burden of proof. I wonder if additional criminal charges might be coming at some point.

The civil suit is against BV, most significantly, and by the act of having actually killed him, TV. The aunt in whose home and custody Kenneth White was killed, BV, no longer has custody or claim to the children, as as result, even if she does manage to meet code on the home safety violations. I know zilch about the law, but, it would seem to me, having those two little girls be able to settle into a healthy environment as soon as possible that can't then be challenged for any reason not in their interest, is a good a thing.

 

[FindHG]

Laws blocked cops from reviewing Family Court records in 5-year-old's death Albany County sheriff seeks child protective law change after Knox case
By Brendan J. Lyons on 10:47 pm, Thursday, December 25, 2014

Among the information withheld from the investigators was that there had been court-ordered mental health counseling for an aunt, Brenda VanAlstyne, who was one of the missing boy's caretakers...

Police investigators, who were almost immediately suspicious of the kidnapping claim made by 19-year-old Tiffany VanAlstyne, said CPS workers told them that in order to access the child-protective records on the boy's biological family, a deputy or an investigator would need to report the alleged kidnapping to a state child-abuse hotline. That would have allowed the department to receive a case number and gain access to at least some of the CPS records.

But that plan failed when the CPS Hotline's legal department contacted sheriff's investigators and said the state agency could not open a case because of a "lack of concrete information regarding the parents of Kenneth White being suspects in this case," according to a sheriff's memorandum that documented the exchange.

Albany County Sheriff Craig Apple on Wednesday confirmed that he had discussed the matter with the county attorney and intends to meet with state legislators early next month to see if the law can be changed.

"We had more than enough probable cause to get those records," Apple said, adding the CPS background information could have been invaluable to investigators who were picking apart the 19-year-old woman's account that she had been overpowered by two masked men she claimed kidnapped the boy.
"It was an impediment not to have facts about this family from CPS," the sheriff said. "It certainly would have allowed us to focus in another area sooner than we did. We may have been able to focus earlier than we did. We had nothing. The family members were all throwing mud on each other and we couldn't separate fact from fiction."

 

[MsMarple]

Many more links off these links:

http://news10.com/2014/12/23/custody-hearing-scheduled-for-kenny-whites-sisters/

http://news10.com/2014/12/22/kenneth-white-home-deemed-unsafe-for-human-occupancy/

Some highlights from the various reports (ugh):

White is currently caring for two of his other children, since Kenny’s parents have five children together. NEWS10 ABC learned that White had been accused of neglect in the past, and that CPS is currently involved. But White declined to say why. he currently lives in North Adams with his girlfriend, who also has a history of child neglect.
...
“The bottom line is the biological parents walked away,” Albany County Sheriff Craig Apple said. “And custody, they didn’t show up at the hearing and custody was given to the aunt. That’s how that came about.”
...
Apple said the violations involved the wood burning stove which wasn’t properly ventilated. Instead, it was covered in duct tape. There were also electrical problems and parts of the floor were in danger of collapsing.

Oh, and here's a real plum:

Brenda VanAlystne, Jayson White and Christine White all walked into Family Court together. Jayson White told reporters before the proceedings that he has no anger toward anyone and had forgiven Tiffany.

"As a true Christian I have to honestly say if I don't forgive her, how could God ever forgive me for all my sins," he said.

http://www.cbs6albany.com/news/feat...heduled-kenneth-white-case-21886.shtml?wap=0&

 

[Ontario Mom]

As a Christian I know exactly what he's saying about forgiveness (God's towards us, ours toward others) but as a practical matter, for the vast majority of Christians having your heart ripped out like this, takes time to work through and come to a place of genuine forgiveness. And when I say "time" I don't mean a week. This sounds more like he's trying to say all the right things to get his daughters back.

 

[FindHG]

Police Had Trouble Getting Information in Kenneth White Investigation
By: Emily DeFeciani 5:47 pm Friday, Dec 26, '14

"This family may have slipped through the cracks and there wasn't the proper oversight based on what we're finding and seeing, and I'm sure that this goes on a lot," said Albany County Sheriff Craig Apple.

The investigation into Kenneth White's family background has been more difficult than Apple would like.

"These laws that basically hindered us in getting the info that we needed regarding the family and the historical case of abuse that's gone on," said Apple.

In the immediate hours following the 5-year old's alleged murder, when police were sorting out multiple leads, they were unable to obtain his family's confidential CPS records, information Apple says would have been crucial.

"I think it would have allowed us to separate fact from fiction a little earlier than we did, and again also to shift resources to where we needed to focus earlier than we did,” said Apple...

"We have the death of a child, and maybe opening these laws up a little bit for law enforcement will prevent another one down the road," Apple said.

 

[Icanseeyou]

Laid to rest today..your resting in peace now Sweet Kenneth.

http://albany.twcnews.com/content/n...-to-say-goodbye-to-5-year-old-taken-too-soon/

 

[FindHG]

Rest in peace little man, sweet Kenny White.

Not altogether, O Punch, for when young lips have drunk deep of the bitter waters of Hate, Suspicion, and Despair, all the Love in the world will not wholly take away that knowledge; though it may turn darkened eyes for a while to the light, and teach Faith where no Faith was.

from R Kipling's "Baa, Baa, Black Sheep"

 

[FindHG]

Funeral mourns Kenneth White, boy killed in Albany County
Dozens attend funeral of Knox boy found slain
By Claire Hughes Saturday, December 27, 2014, 9:48 pm

After 15 years as a pastor, DeGiorgio said he could not explain why God allowed some things. Things like the alleged slaying of a kindergartner who loved Spider-Man.
"There's really no way to wrap your head around that and come to terms with that," said DeGiorgio, the pastor at Faith Baptist Church in Petersburgh, Rensselaer County

 

[necco]

Brenda VanAlystne, Jayson White and Christine White all walked into Family Court together. Jayson White told reporters before the proceedings that he has no anger toward anyone and had forgiven Tiffany.

"As a true Christian I have to honestly say if I don't forgive her, how could God ever forgive me for all my sins," he said.

http://www.cbs6albany.com/news/feat...heduled-kenneth-white-case-21886.shtml?wap=0&

Respectfully snipped. I think there's an element of the stages of grief going on here. I think he's still numb and just saying what he thinks he should say. I suspect he will get angry later.

 

[Jilllian]

I work for a foster care agency in the area and though I can't tell you whether or not these children are in our care, I can tell you that if they are, they are being well taken care of by very loving people. We also have what are called "therapeutic foster homes" for children dealing with some deep emotional stuff.

In terms of civil and criminal charges as they pertain to child protective services, most cases are handled in family court, and deal with civil charges, if that's even the right term. Even when things are serious enough for a TPR (termination of parental rights), the charges are addressed in family court. I've testified numerous times in these cases and only a handful of times have the parents been charged criminally. If BV had not been the legal guardian of the children in her care, the charges would more likely have been criminal. CPS charges of inadequate guardianship, lack of supervision, and neglect are the most common in natre (the latter less so), even in severe cases - most all handled in family court.

Crazy, right?