Northport couple sues DHHS in attempt to reform system

Posted Dec. 08, 2011, at 8:17 p.m.
Last modified Dec. 08, 2011, at 9:24 p.m.
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Commissioner of Health and Human Services Mary Mayhew speaks at a hearing in Augusta in October 2011.
Pat Wellenbach | AP
Commissioner of Health and Human Services Mary Mayhew speaks at a hearing in Augusta in October 2011.

BANGOR, Maine — A Northport couple has sued employees of the Maine Department of Health and Human Services in an effort to reform how the system deals with mentally ill parents, their attorney said.

Russell and Eleanor Handler claim their parental rights to their adopted son David were wrongly terminated in 2007 after Russell Handler was diagnosed with cancer and Eleanor Handler was diagnosed with a mental illness, according to Joseph Baldacci, the Bangor attorney who represents them.

“They want to confirm he is alive, well and receiving the money he is entitled to through the disability payments the Handlers received,” Baldacci said in a telephone interview Thursday. “They also want to reform the system so DHHS proceedings are more transparent and not secret.”

A press release about the lawsuit was emailed to the media Tuesday night by Maureen Flatley of Essex, Mass., who has been described as a lobbyist and child advocate in Massachusetts.

The Handlers’ son has been adopted and lives out of state, according to Flatley.

The Handlers sued DHHS Commissioner Mary Mayhew, as a successor to former Commissioner Brenda Harvey, and department employees Debra Potter, Claudia Kjer, Martin Smith and Christine Theriault in August in U.S. District Court.

The state has until Jan. 12 to reply to the complaint, according to information on the court system’s electronic filing system.

Susan Hermon and Ronald Lupton of the Maine Attorney General’s Office are representing Mayhew and the other DHHS employees. Hermon declined Thursday to comment on the case.

In addition to state officials, the couple sued former Waldo County Sheriff Bryant White and Bob Tiner, a Waldo County Sheriff’s Department employee, over Russell Handler’s treatment while he was incarcerated at the county jail in 2005 for allegedly assaulting his wife, according to a previously published report in a Waterville newspaper.

Information about the incident from Belfast District Court was not available late Thursday.

It could not be determined who is representing the Sheriff’s Department in the case. An attorney for the Sheriff’s Department has not entered an appearance yet in the case. Baldacci said Thursday he did not know who would be representing those defendants.

The complaint itself was not available because Baldacci and co-counsel Eric Mehnert of Bangor asked that it be sealed when they filed it in August.

Baldacci said Thursday that the complaint was sealed “out of an abundance of caution” because it contained confidential information from DHHS. Making that information public, he said, might violate Maine law.

“We are working with attorneys representing DHHS to get the complaint unsealed in the next few weeks.”

It is unlikely the case could be resolved before the end of next year.

Russell Handler was a senior official with MBNA and Eleanor Handler was a physician, according to Baldacci.

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  • Anonymous

    Anyone familiar with the child welfare system knows that the process of terminating parental rights is comprehensive, overseen by a judge, a defense attorney, a district attorney, a guardian ad litem and usually professionals including psychologists and social workers.  The process is not transparent because in situations in which parental rights are involuntarily terminated, it is better (and sometimes safer) for the kids to have distance.  We are never going to get the whole story here, but it’s surely not a simple misunderstanding. If anything, the child welfare system is not doing enough to protect kids, particularly in the last couple of years.

  • Anonymous

    So do we think the issue is mental illness, cancer or domestic violence in the home?

  • http://pulse.yahoo.com/_Q4AP5EYCYRCGZGIJGWI6TLIUEA Tom

    I remember reading about the domestic violence in the local paper when it happened…brutal stuff. They shouldn’t own a pet, much less raise a kid.

  • DonHorchKingofMen

    Isnt she the one who had the issue with having too many dogs a few years ago?

  • Anonymous

    I have no knowledge of this particular case so I cannot judge it. This said, I have seen DHHS make terrible mistakes, both ways.
    I have been keeping an eye on a family that has been well reported to DHHS. The children are still there, two young girls, living with a pedefile. This man is convicted of molesting a child who didn’t attain the age of 14 years old. His 12 year old neice states that he molested her. Because these two girls are his daughters(he is allowed unsupervised raising of them), the state has casemanagement in the home. His wife works 40 hours a week doing home health care. HE is the sole caregiver, after they get home from school and vacations. He is slow functioning and doesn’t ever tell the truth. Tall tales is his only conversation. Verbal violence, screaming and swearing at these girls can be heard apartments away. I reported to DHHS seeing him put one girl into his van by the hair. DHHS, has reassured us(3 mandated reporters) that there is plenty of supports in the home. I think only 24 hour supervision and then some could even start to help these young girls.  So sad. I am one to accept varied parenting styles, but his is off the charts.  This man did hard time in prison, convicted for child molestation(rape), he should never be able to raise a child under his roof.

  • Anonymous

    Anyone familiar with the child welfare system knows that when the LSW lies in thier reports the case if false. 

  • Anonymous

     ”We are never going to get the whole story here…”  Gee wiz, I like how Bangorian with this story reminds us all that we’re not going to get the whole story in the BDN.  Too bad he’s not consistent with that quote.

  • Lori Handrahan

    Or more closer to the truth… how about trafficking of children in Maine for pedophile rings–or Kids for Cash?

  • Anonymous

    Wow, you didn’t bash LePage.

  • Anonymous

    thats aweful an im sorry that poor lil girl had to go through that.  i have 2 daughters and their father is an abusive drug addict with a long criminal record, who doesnt even care about the girls he just takes them an does cruel things to them an messes with their head to get at me. i have been fighting and pushing for dhhs to get involved an drug test him an try to get full custody an for the past couple years they did nothing.  i got a call back from a dhhs worker not long ago who said she called the father and he told her he wasnt doing drugs so everything is fine.  obviously hes not going to admit it! they dont seem like they want to protect children at all an because of this my girls have been mentally an physically abused and have been going to a counseler for a year and they are only 5 and 6

  • Anonymous

    And now it begins…….    

  • weezy

    Russell Handler of Northport had several charges against him dating back to 2004, including assault and abuse against his spouse….all documented here online.  It did not make any sense that both of them going on disability had anything to do with their losing custody.

  • http://www.facebook.com/people/Davida-Willette/100000655412147 Davida Willette

    good maybe more people should sue DHS especially the proposed cuts that are coming 

  • Anonymous

    Please slow down. I believe you meant to inform us all of something, I just don’t know if you realize that you didn’t because you talked too much.

  • Anonymous

    I left my bucket of water home. Sorry.

  • http://www.facebook.com/people/Regina-Hosebeast/100002095287763 Regina Hosebeast

    Completely off topic and I apologize, but I don’t know how else to do it. Why does the BDN devote space on their entry page to “See it, fix it”? I just checked and of 188 issues, 8 are solved and 0 are acknowledged. Why don’t people call their local municipal office, local Public Works or State DOT? Obviously that would be more effective and people could at least get their complaint acknowledged. I would rather see that space used for headlines. After all, how many online readers care about a killer pothole in Meddybemps?

  • Anonymous

    Not sure what you’re getting at…LSWs have sworn an oath to first do no harm. They don’t lie. They might not see things the way you do, but their oath is to first do no harm. 

    I believe that years ago the state sided with children they knew might be lying calling saying they had a duty to err on the side of the child (translated lying children destroy families, careers, and children) Now that’s a big diaper to fill and it leaves today’s charged with protecting children with even less options than those social workers.

  • Anonymous

    I don’t know any of you. Don’t put your personal family business on the Internet. You know the real truth about what is going on. Make sure to tell the children about any abuse you hear of or observe AND call central intake.

  • http://pulse.yahoo.com/_J5XVHRZG3GXBWY3WX3ZZAPK5DQ Harry

    Wow. You posters like to wander off the original article. I am surprised no one posted they saw Big Foot in Baxter State Park. This article is about a little boy who was saved from two sick people who adopted him. Period. The lawsuit is about these same people continuing with their quest for sympathy and attention. Period. Anyone with any knowledge of this case knows that David is in a safe place now and that is a good thing. Hopefully he is getting the help he needs to put the Handlers experience behind him.

  • Anonymous

    There must be laws to protect childen. Any man caught having sex with a minor that is found to be addicted to drugs or in captivity. Automatic 35 years prison sentence. Be harsh, because he knows he is playing russion roulette with her life, handing her HIV or Hepititis is like manslaughter or murder. Not to mention the actual act of rape, sodomization, ect. Human trafficing must stop. Protecting our children must be priority #1. Those kidnapping them, even if found to be parents, life in prison isn’t good enough. They should be treated at attempted murder. They played russion roulette, forcing children into unsafe brutalization with most likely AIDS patients.

  • Anonymous

    My hat is off for you today.

  • Anonymous

    I completely understood what she was saying…she is frustrated that this is going on and nothing is being done about it.

  • Anonymous

    Is this a fact…or assumption on your part?

  • Anonymous

    Okay, this may be slightly off-topic, but I could really use some advice.  I have been fighting with DHHS for over a year concerning child custody and child support.  (I wont bore you with details)  I can never seem to get anywhere with my case worker.  The way they are handling the case is irresponsible at best.  Does anyone know where I can go for help with my situation?  Are there lawyers who specialize in this type of thing?  Is there someone at the top of DHHS that I can go to for help? 

  • Anonymous

    Beautiful babies. I’ve seen it happen in a flash. Where all these hats came into play, they rounded them up and did as much magic as santa. When mothers are young and foolish, the state can decide its not a good combination, before help can literally fly there to get her to steppingstones, or similiar programming (find her appropriate help to keep unification) The judge has hit the gavel. How in the heck did that happen so fast??? I’m puzzled? Beautiful perfect infants, magic can work.  I have seen it many times. I think sometimes they must claim emergency and that works magic.

    Many babies disappear into system andI’ve tried to help mom’s fight to get them back, willing to mentor and take custody until they could re-unite. We were too late, in many cases. Not all, I have found age to be a factor. I now tell mothers that call on me.  Converstation, How old are we talking? 3? Girl or boy? Boy? When did he get removed? 2 days ago? We have a good chance of retrieving him out of the system! (I’ll call my lawyer, get the ball rolling)

    Now, take a little boy 8 years old. Living in a less then perfect environment. Aspberger’s, adjustment disorder, behavioral issues, expelled from school the rest of this year. I’m certain he has a list of diagnosis that I haven’t read, these are the ones that he screams. Do you think the state is lining the judge up for removal tonight?? Anytime in this year??? LOL!!  As long as mom and her boyfriend of the day, doesn’t put a few cigarettes out on him, I don’t see him going anywhere.  He isn’t cute nor cuddly, so sad. His future is right where he sits, then a cell. Up to date he has been kicked out of school more then in school and he is only 8. Youth center is next then cell. Do you see a nice adoptive home for this child? The mom once told me the casemanager fears stepping into her home, is scared to enter!  

    I can’t believe given these people’s status, that they didn’t sign their son willingly over to a beloved friend. I know if for any reason, my husband lost his mind and I had to call 911. My next call would be to my lawyer. Knowing that my husband went nuts for some unknown reason, stroke, ect. I now had a domestic issue at hand. I would call and place my children’s custody with their Godparents. Then when DHHS showed up, I wouldn’t have custody. I would explain to them that my husband was having medical difficulties and my children were living with their Godparents. I don’t know why educated people didn’t have a safety plan. They lost their only child because of bad pre-planning. If they couldn’t even create a safety plan for him……

  • Anonymous

    Apparently you do. You mentioned it.

  • Anonymous

    My vote would be domestic violence. The cancer and/or mental illness wouldn’t be grounds for removing the boy. Maybe years ago it would have been.

  • Anonymous

    Tru Pinetree Legal aid or The Lawyer project. Other than that, I have no idea. Good luck to you.

  • honey777

    Sad as it is to say, there are people with mental illness who are not capable of being good parents.  Add that to violence in the home and it is a no-brainer.

  • Anonymous
  • Guest

    I don’t know if these two have a case or not but I do know that there is way too little oversight on the unusual and extreme powers this agency has at it’s disposal.

  • Anonymous

    don’t give up. Keep reporting. unfortunately these girls have already been destroyed for the rest of their lives. With Leplaques cuts…………who can help this family? No one!! Sad event

  • Tyke

    I am not a fan of the Lepage administration by a long shot, but come on BDN, can’t you get a reasonable picture of Mary Mayhew? She is a nice looking woman but you keep using this same very unflattering shot in any article about her.

    Get a better picture and just concentrate on her daft words and inability to manage.

  • Anonymous

    I agree.  I stopped looking at it shortly after it appeared.  Does this column mean anything is being done about the road conditons, or just a place to rant?  Does anyone know if it’s done any good at all?

  • Anonymous

    You really don’t know how the system works.  DHHS does not make the decision to remove any child from their parents.  DHHS investigates allegation of child abuse and neglect and reports their findings to a lawyer who works for the state  The lawyer decides if DHHS has a case to prove abuse happened and that the child is still in danger.  If the lawyer decides DHHS has a case the lawyer presents it to a judge.  The judge decides if a child comes into the states custody. If the Judge directs DHHS to take custody of a child, DHHS’s legal responsibility becomes to provide support and opportunities for the parents to change their situation so the parents can take back custody of their child. 

    The parents can and do have lawyers appointed to represent them in court and at every meeting with DHHS.  During the course of an open case their are frequent meetings with the judge who overseas the process and makes sure everyone is following the rules and that the Department is providing the parents with every legally reasonable way to make the changes they need . There are laws to protect the confidentiality of the parents. The whole process is as transparent as the laws regarding confideniality allow it to be. 

    DHHS is not an adoption agency.  They do not go out and find children for people who would like to adopt them.  DHHS works for the children. They find homes for children only when they cannot go back and live with their parents.  Adoption is only considered a real option for children after every means has been used to help the parent make the changes necessary to get their child back have and they do not change.   At that point the whole process goes back to court and the judge decides if the parents rights to raise their child are terminated.  After that another  judge reviews the case even decides if the family DHHS finds for a child is suitable for that child.

    I hope this helps you understand a process most people do not understand.

  • Anonymous

    I don’t mean to be critical but I think you may have misinterpreted a part of the story. From what I read they are two separate issues – the son is mentally ill and DHHS terminated the parent’s right to act as parents to him, i.e., make decisions on his behalf, be privy to confidential related to him, etc… I do believe that in the case of severe mental illness that this is not something that could or even should be decided by DHHS.  

    The second issue is a separate issue claiming that Waldo County police handled a domestic situation improperly. I don’t at all condone domestic violence and I’d love to hear more of the facts on this case because I know for sure that the Waldo County (Belfast) Police are horrible in situations like these.  They almost issued me a restraining order once without verifying that any of the accusations had any relevance at all. It’s a long story but I’m going to tell it so that what I’m saying makes sense.

    My husband has long been diagnosed with mentally illness. He suffers from a personality disorder that causes him to have severe mood swings, paranoia, and irrational thinking.  His mania is often triggered by a traumatic event and he had just been involved in a rather serious vehicle accident and I could see he was becoming more and more irrational by the day.  One day after he left his psychiatric appointment he called me and was extremely hostile.  At that point I knew that he was “going over the edge” and capable of domestic violence. To avoid this I told him I was going to stay with my daughter for a few days while he got his medications adjusted.  He called the police and told them I didn’t live in our home and that he and I were divorced and that I had called the electric company and shut the power off and he was frightened and all kinds of bizarre things and had them draw up a restraining order against me. 

    I could understand the PD taking caution if they didn’t actually know they were speaking to my husband over the phone while he was in Augusta VA Mental Clinic for a mental breakdown but they kept telling me in their professional opinion they felt he was sane.

    Prior to that night he had spent a few days in Acadia and they knew this too.  My husband told me that the Belfast officer who was first involved in the case had dated or was dating his sister.  I didn’t know if this was true or not because I knew he was in a manic state.  His sister has a long history with the Belfast PD for doing unusual things due to her severe disabling personality disorder (mental illness).  It was near impossible to know what was going on behind my back.

    The night my husband went to the Mental Clinic at the VA I decided to return home. Shortly after I arrived home his sister visited me and when I offered her a ride home and told her she could leave the keys to the car on the table she became hostile, said no, and bolted from my house. It was obvious that something was very much “off” and so after she left I used the house phone to dial my cell phone so I could leave the house, get my daughter’s doberman for protection and monitor the house while I was gone.  I had an hour and a half ride home.

    It was 2:45 am when I first heard my sister in law and a man with a police scanner in my home.  I immediately called the police using my daughter’s cell phone and reported it. I heard the call go out on the officer’s police scanner which alerted him that I was on my way home. When I arrived home they were gone, I heard them leave and could see that there were distinct tire tracks on my front lawn.  The officer who met me at the house said he couldn’t see the tire tracks.  When he said that I knew I had a big problem.  

    I was told that night by the Belfast PD officer that the Belfast PD covers Winterport  on certain nights. To this day I am not sure if this was a lie or the truth.  This same officer assured me he was on the phone to another Belfast PD officer (my sister in laws boyfriend) who was retrieving my house and vehicle keys from my sister in law. He stayed with me until 5:00 am and then denied ever saying that the Belfast Officer would retrieve my house key and said I should change the locks if I had a problem.  

    The next thing that happened was a few days later the Waldo County Sheriff’s Office attempted to issue me a restraining order claiming that they had knowledge that my husband and I were divorced and that this was his home and that I was not on the lease and that he and his sister were.  This was outrageous! The next thing they charged me with with calling CMP to shut off the power and frightening my husband.  And finally they charged me with calling him too much.  I immediately showed them the texts my husband was sending me telling me to answer my phone over and over again.  I had over 300 calls from him in just a few days and returned only one or two.  I refused to accept the restraining order and asked them to call my landlord but they wouldn’t do it so I dialed my landlord and handed them the phone. My landlord confirmed that I was on the lease, she did not even know my sister-in-law and she contacted CMP and verified that I had not called to have the power shut off.  My landlord already had an arrangement that only she or her husband had the authority to have the power shut off because she did not want a tenant leaving in the dead of winter and freezing up the pipes.  

    I am absolutely certain that Waldo County and the Belfast PD can’t be relied on to assess a domestic situation correctly and I am absolutely certain that they are perfectly capable of flubbing the entire thing and even capable of being talked into breaking into a home in the middle of the night.  I mean who does that?  What police department even allows that?  Even if they believed my sister-in-law legitimately needed to retrieve something from my home what police officer would not verify any of this and simply accompany her in the middle of the night into my home.  I count my blessings that I was not at home sleeping as I would have been if I had not trusted my instincts and left to retrieve the dog.  This would have been an even more terrifying experience for me than it already was. (I felt like I’d entered “The Twilight Zone.”)  In my humble opinion the Waldo County Sheriff’s Office and the Belfast PD could absolutely benefit from some training so that they can appropriately respond to and not over react to domestic disturbance calls.  They are not all about violence or beatings… sometimes the story can be like mine.  

    I’m sorry that this is so long but it’s a bizarre story that is hard to tell in a few words. I wanted to share it to demonstrate that some things are not as they appear on the surface. If this had not happened to me I don’t think I could believe it.  But with God as my witness it’s the truth.   That’s pretty eerie isn’t it?

  • Elizabeth Noyes

    It’s about David, but there is the larger issue of children being trapped by the system that is supposed to protect them. We all want to believe that the state always has the best interests of the child at heart, that DHS would never rob good parents of rights or put a child in peril, but that is naive.  The child of my friend Lori Handrahan has been placed with her father despite substantiated evidence that she has been drugged, sexually abused and physically abused since the age of 2. SourdPuss says don’t put personal family business on the internet. But it ceases to be personal business when DHS, our tax money and the rights of children are involved. 

  • Anonymous

    Poor journalism by the BDN.  As is often the case, the reporter simply parrots what the lawyers for the complainants have to say without actually researching the history of the case and providing an objective and unbiased view.  If you want to know what’s going on here, read the decision of the Maine Supreme Judicial Court in In re David H., 2009 ME 131.  You can find it on line at the Maine Supreme Judicial Court website under Opinions and Orders.  The Handlers have had numerous opportunities in many courts to make their case that the DHHS acted inapproriately and so far every Court that has considered the case has concluded that the Handlers could not adequately care for the child who was regularly exposed to domestic violence.

  • Anonymous

    Thank you both! 

  • Anonymous

    Sad case. I too would like to see more accountability in how DHHS pertaining to the children they are forced to take from their homes, thinking of the Logan Marr case in particular. I hope the mismangement and blurred guidelines with DHHS caseworkers are cleaned up, if they haven’t been already.  From what I have read on the the Handler case I tend to agree with DHHS on this one.

  • Anonymous

    Maybe I’m slow on the up take but this child was their adopted son. I thought once you adopted a child the child is yours. Why would their rights to their own child be terminated just because they were sick? It takes a lot to terminate parental rights and it usually has to do with abuse and neglect . Why would they take their child,there has to be more to this story.

  • Anonymous

    The system is broken and it needs repairing.. Few years back the ex wife and I tried to become foster parents.. We were denied because her brother, a child molester was living 2 houses away. But he was able to raise his own son.. Something is not right..  Ive had a simple dream in life I have set simple goals.. One was to find a good woman and get married, I achieved that goal with wife number 2.. But being sterile will not give me my last and final goal.. A child..  Now I’m too old and sickly but the dream is still there..

  • Anonymous

    Reporter Judy Harrison…..you’d do well to do a “Google” search on this couple…….My previous attempts to link stories (could make a Stephen King movie about it) were not posted by moderator; readers may want to know more about the environment the child was to be raised in.  It’s far from normal.    Oh, I may be biased….my mom worked for DHHS for many years….the worst one was the baby cooked in a stove/microwave………humans can be more cruel than any animal

  • Guest

    Actually it does and thank you.

  • Anonymous

    pine tree legal does not last I knew get involved in DHHS cases/child support or custody.Keep making your calls to everyone and anyone that will listen.Eventually you will find one honest person willing to give you the tiny little tidbit that you need to move forward.Remember date and document all conversations and any thing going out needs to be copied and notorized for your accountability/records.Good luck,your going to need it.Hang in there.

  • Anonymous

    You make the most sense  THAN THE REST OF US COMBINED!

    Thanks!

  • http://twitter.com/SavingMila9 Lori Handrahan

    My 5-year-old daughter remains trapped in sexual abuse, drugging with methamphetamine and violence despite substantiated evidence. DHHS refuses to protect her, ordered by whom? A Maine family court judge (Moskowitz) has prevented Mila from seeing or speaking with me, her mother since May, despite my holding joint custody. Maine media, including Bangor Daily News, have not yet found any reason to report on this tragic case and help justice be served. Thank you all for reading about this on my website which was set up on Nov 5 and has 34,000 views to date. Please engage in the debate on the Saving Mila Facebook page and do what you can to convince Maine authorities to save a little girl from abuse, and encourage journalists to investigate and report what they find. Thank you! http://lorihandrahan.com/2011/12/08/why-is-maine-silent-on-the-ongoing-sex-abuse-of-my-little-girl-mila/

  • http://twitter.com/SavingMila9 Lori Handrahan
  • Anonymous

    Obviously you are a CPS caseworker.  DHHS has the power to do what they want, when they want.  They feed the information to a judge yes, but sometimes they feed false information and destroy families.  When it is all said and done DHHS gives a ***t less what they do. They take over when they don’t need to or totally ignore major abuse when they are hit in the face with it.  That’s what the state gets for hiring caseworkers with no experience.

  • Anonymous

    Keep in mind they all work for each other.  You will be sent in a vicious circle searching for answers.  You are better off calling Pine Tree Legal.

  • Anonymous

    Well maybe not completely transparent, but parents are usually informed that the plan going forth is for termination of rights.  CPS does not want to have to place children out of their home and parents are usually given an opportunity to complete a treatment plan before everyone jumps to rights termination.  I agree that the process is overseen by many entities and terminating a parent’s rights is not something taken lightly.  Maybe exceptions to that exist and no way for us to know if that is the case here, but I would be inclined to think if the rights were terminated, there was a valid reason for doing so.

  • honey777

    No, the mother was diagnosed with a mental illness.
    I’m sorry you had such a bad experience with the police.  They do make bad decisions at times and people suffer for it.

  • Anonymous

    This happened under Baldacci in 2007 NOT LEPAGE!!!

  • Anonymous

    Speaking of tinfoil hats … we were, weren’t we?

  • Anonymous

    Journalism?  Nah,  it’s all about tweeting now.  At least that’s what most news is in our current decline.  Including national media.

  • weezy

    There is more to the story…google their names and you will see what this reporter did not tell you.

  • weezy

    I certainly understand your frustration with our current system.  DHHS spent 4 years terminating rights on a mom who did not want her children.  When they were finally in different adoptive homes, two different DHHS workers told us that the mom could get her children back any time that she chooses to show responsibility for a period of 3 months, as they were still her children.  We went back a second time to ask someone different,  thinking these workers were insane, and were told the same exact thing.  Wish I had gotten  it documented with their names attached, but I was too in shock !

  • Anonymous

    Anyone who really knows the inside of DHHS knows all too well that usually the guardian ad litem is in good with the judge and the judge is in good with the Attorney General and seriously if you think you the defense lawyers do all they can for little to nothing for compensation then your crazy too.

    I worked in the system a LONG time and know all to well how some parents not all got the shaft! their rights were stripped and all because honestly they were not smart enough to fight and work the system.

    DHHS  plays an important roll, and does alot of good but has and will continue to do alot of hurt as long as they are protected their own the way they did with certain DHHS worker when she murdered a litttle foster child (Logan Marr) in their “social workers/foster parent care”

    Then you have the situation when a child is removed from care of a parent rightfully or wrong you have the attorney generals office representing the state of Maine for this child…

    Ok all is well with that, but what if ….just what if your this parent fighting the sytem for your child and you feel that your civil rights have been violated? who do you file a companit with…let me answer that for you the attorney generals office.

     But this office represents the DHHS..hmmm oh wait but your complaint will be filed in a different part of the A-G”s office…!  lol I am sure none of them are bias?

    Many times  90% of the cases children are removed from homes just by what DHHS and their witness say to a judge in a closed hearing that the parents do not know is even taken place! until DHHS show up to remove the child then the parents get a hearing within 10 days, when in reality the parent have a right to be there as the law says unless it will cause immediate or serious harm to the child or children, biut all to often this is ignored and DHHS has to continue their “sometimes” mistaken removal

    I was surprised to read Joe Baldacci taking on this case given his family’s history with DHHS in my opinion and Peter Baldacci is well known for being a huge advocate for DHHS and how wonderful they are.

    I do not know these parents or their situation but know I have seen first hand in being on the payroll close to the department that removes children and it is not always what it seems. DHHS are human they make mistakes and all to often our friendly circle of judges and lawyers make mistakes and continue to over them up.

    Obviously many will disagree and many will have their own theory and that is fine that is what being in America is all about this is just my opinion and small insight to what I have seen, These people have a right to their day in court. IF there is nothing there we will soon find out.

  • Anonymous

    Excuse me for butting in here but a caseworker who is licensed may and can and does daily ask a judge for custody on behalf of the state.

    And of course DHHS decideds to remove a child and then ask’s a judge for permission and this can be a hearing that the parents can attend and have a heads up but most are not invited…using the excuse that it could harm the child which is the only provision the law allows for not allowing the parent there

  • Anonymous

    Just like sally who killed logan marr  she took an oath too..

  • Anonymous

    Also I can or you can petition the court to remove a child and gain custody of a child with just a few signatures from 3 people  be it family members or school officals who feel the way you do about ANY child being abused…read up on that law.

  • Anonymous

    Ask to speak to the case workers supervisor.  Document name, date and time of your request.  If the case worker refuses to put you in contact with the supervisor you have a legal case against DHHS that you can pursue through Pine Tree because it is no longer a child support case but a case of denial of services case.

    If you haven’t started documenting everything and I mean everything about your problems start doing it NOW! There’s nothing like a well documented complaint that gets DHHS to move faster.

  • Anonymous

    I wish DISQUS had a way to permanently ignore.

  • Anonymous

    That’s quite a loaded post.  I agree with some of it but not a lot of it. I work in tandem with CPS every day and that is not my experience.  As to why educated people would not have a safety plan, I would say that being educated does not necessarily mean you are educated in the child welfare system and how things like custody work. Most people would be shocked to know they do not have legal custody of their own children.  Legal custody is only gained through the court system, which is why when people divorce, one parent can take the children without repercussions when there is no custody agreement in place.

  • Anonymous

    She can petition to regain custody.  Does not mean she would get it and I would guess those are not permanent adoptive homes.  Only “legally free” children can be adopted, meaning the parent’s rights were terminated.  If the workers are saying they are still her children I am guessing it was not an adoption but they families were given legal custody.  Two different things.  Even with custody the parent would have to show the custodial parents to be unfit. That’s my understanding anyway. It’s all in the wording of the court order.

  • Anonymous

    My experience with DHS was to always go in person.  I never dropped off even a Medicaid application for a customer without putting it in someone’s hand.  As someone else has said, ask to speak with a supervisor and go up the chain as you need to.  Be very careful that you are calm and collected when you are in there.  Don’t give anyone a reason to say you are being aggressive in any way.  Also as someone else has said, document EVERYTHING!  I would also suggest writing a letter to the worker’s supervisor and personally putting it in their hand.  Make a copy for yourself.  Things not documented didn’t happen. It’s the same with schools.  Phone calls may not have happened, conversations may not have happened, but written letters handed to people are harder to ignore. Document on your copy what day you brought it in and who you gave it to.  There should be some sort of log at the reception desk showing that you came into the building and asked to speak with whomever so be sure you are “logged in.”  Hope this is helpful.

  • Anonymous

    thank you for being open and frank about the way the system really works.To often we put our trust in people that do not deserve it and they do irreversible harm to entire families.What ever happened to innocent until proven guilty?Oh, and where is the accountability to those that do wrong”make mistakes and cover them up?” The bad taste still lingers doesn’t it ?

  • Anonymous

    The bad taste may linger but many who do wrong within the system and hurt so many people in life will find themselves with Karma? one can only hope.

  • Anonymous

    Thank you. I know police aren’t bad. I was married to an officer for 13 years and he is the father of my children. I have no animosity towards him whatsoever. It is just that the officers in the police department I was so connected to for so many years were much more diligent in the performance of their duties.  I think this is why I was just so stunned by the Belfast PD going into anyone’s home in the middle of the night and just taking people’s word for things.  There was obviously no violence or even threat of violence since my husband was in Augusta in a mental facility and I was in Winterport.  There was no urgency to get into my home in the middle of the night.  I’m not a young person, I’m always presentable and speak intelligently.  I’m 57 years old and have no record of any kind ever.  My husband does have a record for domestic violence and still they did what they did.  I will probably never know why.  The truth is that  I’ve always respected police officers and always will but I do think the officers in these two precincts, the Belfast PD and Waldo County Sheriff’s Department could really benefit from some training in the handing domestic matters.  Thanks again and Happy Holidays to you and your family!

  • Anonymous

    I agree with almost all you said…except something tells me a lawyer or two seen something here that smells fishy….lawyers like caseworkers I guess do not take things lightly and waste their time?

  • Anonymous

    Could be.  I wouldn’t think a lawyer would take on a case they didn’t feel had merit.  I don’t know. Just would hope that if it were not appropriate that at least the Guardian ad Litem if no one else would have caught it and spoke up. They are supposed to be there solely for the child interests. Everytime I have been in court with a case involved with CPS, each entity has had the opportunity to make their case, whether they agree wtih each other or not. But I don’t presume to know all the details in this case, just my own experience and CPS training I have received through my job.

  • http://pulse.yahoo.com/_NQQ57LHQR4BYFHB3S6GP6JOE6U mainegurl

    they just want money from a lawsuit.

  • Anonymous

    I agree. I just find it strange, when DHHS will take children from one home (perfect babies) Then do everything they can to make it work in another home, worse violence, worse drugs, these children have mental disabilities usually linked with behavior issues. It makes me scream because, I know that these children are being abused, and being left behind. Everytime I watch Rudolph all I can think of is the misfit children, that DHHS doesn’t want. I know toys can’t be compared to children’s lives, but I know with the right parents, these children could have a chance at success. Instead you are looking at a third or fourth generation.

  • Anonymous

    Sorry, from the heart. I’ve seen disasters. I know CPS can only do so much and there isn’t enough homes for all the children. I do know that when DHHS comes to the home and takes the children, when I have been present. They have asked the parents, if there is anyone they can place them with that would pass a home study. As a Foster home and respite provider I have taken many children short term and mothers with children, (while dad was out on bail until they could get him in jail, domestic) . Many families DHHS is willing to work a plan with. Especially if they haven’t got the babies into the system yet or older children.  This is my eyes on experience. I work with a women’s shelter and women dealing with domestic violence.

  • Anonymous

    While I have no experience with the Maine DHS I do have experience with Russ and Ellie and David. The most amazing thing  is that they were ever aloud to adopt.

    Anyone in the town of Northport could add so to much this story but of course the BDN didn’t bother to follow thru with this story. Russ and Ellie have paid for stories to be published and I hope that they didn’t pay here.

    http://www.nytimes.com/2008/03/07/nyregion/07estate.html

    http://www.nytimes.com/2007/08/26/nyregion/26family.html?pagewanted=print

    http://maineinsights.com/perma/why-did-a-maine-newspaper-group-refuse-to-place-a-letter-from-ellie-handler

     

    August 2006:

     
    By Beth Staples Russell Handler pleaded no contest to assault charges on
    the second day of his Superior Court trial and walked away a free man.
    Handler, 57, of Northport, was being tried on three counts of assault
    against his wife in May 2004, when he entered the pleas that resolved a
    handful of other charges pending against him. Justice Donald Marden
    sentenced Handler to five months in jail, which he had already served
    awaiting trial, on a single assault charge and a charge of violating a
    protective order. Deputy District Attorney Leane M. Zainea said Handler was
    offered the same deal before the trial began but declined to accept it. She
    said the only restriction Handler faces following Marden’s decisions is a
    protective order obtained by his spouse that prohibits him from contacting
    her.

    Handler accepted the agreement reluctantly, telling the
    judge he thought he would have more opportunity to present his side of the
    story. He also said he was uncomfortable being represented by Attorney Roger
    Katz of Augusta, who Handler tried to fire before the trial began. Marden
    refused to accept that dismissal because Katz had participated in selection
    of the jury. One of the assault charges that was dismissed involved Russell
    Handler ordering his wife to climb naked into a Dumpster outside their
    Northport home to find toiletry items. She was reportedly found in the
    Dumpster by a neighbor. The three assault charges on which Handler was tried
    all occurred May 20, 2004, during a scheduled visit to a therapist.

  • http://pulse.yahoo.com/_NXPTPFL746OV2VGR5WBOEUF6W4 Roger

    That is total BS. The judges in Maine are there to get cases in and out. Juts look at how many of them grant restraing orders on abusive spouses only in many cases weeks later to dissolve the order so the abuser can go to the home of the person he abused to get the child he abused her ion front of.  This happens EVERY day in Maine. Just ask Next Step or any body who deals with it. The Guardian ad litem are lawyers who most times do not care  about any parties involved. These people spend a hour or two with the subject IF the court asks and there opinion is based on that short time ONLY! Then the Mental heath “professionals” they due to court order  “evaluate” the people the court asks them to. Again like the gal’s they spend mots times a hour maybe a bit more and this is what there OPINIONS are based on. The teachers, friends, and those who know the situation and have been around the people in question for far mere then a few hours are generally not allowed to even be heard. Then there is the matter of MONEY. The state will spend countless thousands to back there side but if your bank account is not full you can not fight them. Plus if you win the state does not have to pay you back all the money you spent defending yourself against some of the stupidest accusations you could ever think of. 

    You need to do a little fact finding before you defend DHHS or the Maine courts when it come to interfering with citizens lives. Pray nobody ever calls DHHS because the perceive you are not the best parent. In there eyes you are 100 percent guilty of any accusation until YOU prove your not.

    IMHO DHHS can not be shut down fast enough. 

  • HowdyNeighbor

    If the Russell Handler from Northport in the article below is the same as the one in the article above, I’m thinking that child was better off without  him.

    http://www.unity.edu/news/vsenvironmenta.asp

    See the last 3 paragraphs. Pretty disturbing.

  • Anonymous

    You’re correct, with the right parents, kids can be productive and successful.  My job (teacher) isn’t as hard as yours…wow…working in this kind of atmosphere day in and day out?  You must have a great stress reliever!  But, I call it the Parent Lottery.  And I tell my kids (middle schoolers), Not everyone wins the Parent Lottery, but you’ve got support here at school and let us help you the best we can.  I would like to clone some of my kids’ parents…they are great at parenting; and it is sad that not all kids come to the table with that same support, understanding, discipline, love, etc.

  • Anonymous

    I too completely understood what she was saying.  It is G-D frustrating when you see this kind of abuse and the power-that-be sit by and allow this destruction of young people.  From what she said, this man should be back behind bars…or do what they used to do and ship them to an island and let them fend for themselves.  See how they like being powerless…because I think that’s the root of it.

  • Anonymous

    thanks for sharing that.

  • Anonymous

    what are tinfoil hats?  seriously, never heard the term.

  • Anonymous

    Why, so you can ignore people who aren’t as smart as you and need clarification or explanations?

  • Anonymous

    Is that what she’s saying, or is she saying there’s something very wrong in her household she’s afraid this person will make another report about? She’s got the makings of a good docudrama and it’s hard to believe things are as bad as she says and that trigger happy social workers for the State aren’t doing anything about it.

  • Anonymous

    If that’s happening you’ve got to wonder how he has the power to get past the courts and these social workers. I know terrible things like this happen, but her story sounds bogus because the social workers could never tell her anything she says they did without breaching confidentiality and getting fired. Or is she the agency staff?

  • Anonymous

    I think its very close to her..but not her household.  Same living area..and I don’t doubt her story..I have seen others on here say the same thing…many times unfortunately.

  • Anonymous

    What she said was, “I have no knowledge of this particular case so I cannot judge it. This said, I have seen DHHS make terrible mistakes…” 

    She tells us this and then points out what we all know all too well. The DHHS makes terrible mistakes. Even the people that work there will tell you that. What you all don’t know is that the DHHS doesn’t make decisions or take actions. They investigate, petition the courts, apply for funds, and contract with caregivers. 

  • Anonymous

    It’d be nice to know what “Guest” said since the post was pulled down but people continued the discussion. I get the creeps reading your post after reading Tzuriels post below. Can you understand what about your post gives me the creeps? We’re having a serious discussion and suddenly people come out of the woodwork and use transparent methods to discredit everybody else in the discussion. Why would a disinterested party want to discredit the rest of us? Do you guys own stock in tin foil or something?

  • Anonymous

    my God, what a pair- You are right- no child deserves to be with them. makes me think this so-called suit, is just a bunch of bull. No wonder she is “mentally ill”

  • Anonymous

    You need to read up on this couple- see the links provided by other readers. It seems like alot of this story was omitted in an attempt to make DHHS look bad….they are not without fault, but it seems like in this case they did the right thing.I can’t believe this couple, sickos…

  • Anonymous

    This is none of my business, but you need to get rid of him, he sounds dangerous.

  • Anonymous

    Tin foil hats are a reference to delusional people.

  • Anonymous

    I could personally name a couple guardians working for the kids in bangor thru the courts that literally was in bed with the court ordered forensic physcologist let’s not forget the evaluations these suppose to be professionals do….lol and if they are that close one can influence the opinion of another

  • Anonymous

    To be more specific, when classified or NOFORN information gets leaked obfuscation is used to discredit the information. Then we all find out the truth 20 or 30 years later and it’s worse than the original leak. 

  • Anonymous

    OH…see?  You can learn something every day!  Thank you.

  • Anonymous

    Not sure what the foil discussion is all about…rather stupid.  The whole subject gives me the creeps.  To much of this stuff going on and being ignored or well hidden.  Very scary.

  • Anonymous

    For example, if some high ranking pervert were utilizing the services of 14 year old girls for themselves or to blackmail others into compliance with something they would never otherwise do that is considered NOFORN information. There are other scenarios such as infiltration of human trafficking that could be used to justify a secret operation that nobody would think was OK. 

  • Anonymous

    If you have a problem with DHHS or feel you have been wrongfully treated by child protection services you contact the Ombudsman’s Office, the 1st time a CPS caseworker comes to speak with your family regarding allegations of abuse or neglect the caseworker gives the family a pamphlet that explains the process for complaining or asking for the Ombudsman’s Office to review DHHS records regarding your family. I’m sure most parents probably don’t even read the information given to them at that time, therefore they do not know their rights.

  • Anonymous

    These guys use the reference to tin foil hats to alert each other to close ranks. They are sworn under penalty of death to secrecy no matter what they think of what’s happening. This includes a duty to discredit the information if it gets out. They effectively pig pile electronically, infect your computer, gas light you, trigger a law suit, create a problem with your family, friends, and employer etc.

    Then there are these people like OtherMainah that don’t know anything about this but have learned it’s fun to bully others by suggesting they where tin foil hats because they are fools. Right OtherMainah? 30 years of service to the United States ought to buy you something.

  • Anonymous

    Is he on the sex offender registry? Did he plea to a lesser charge and not get charged with molesting a child under the age of 14? Parents can refuse Child Protection Services, parents can say no to a caseworker if they come knocking on the door, if there is not enough hard evidence and the children not disclosing any allegations of abuse or neglect, the judge probably wouldn’t make the decision to take children into custody…. It is sad but just because people make reports of families doesn’t mean findings of abuse will come out or children will be removed. I do agree many times children are removed and the parents are overwhelmed with what is expected of them in order to get there children back and they give up, or are unable to do it. Other times though children are removed for the right reasons because they are being abused and neglected, and their parents are not able to care for them properly even with services, or within the courts timeframes for children’s permanency to occur.

  • Anonymous

    So true

  • Anonymous

    Thank you. The tin foil hat stuff was a partial answer to nonalee’s question. She had no concept of “tin foil hats” as it was used by OtherMainah. I’m sure you know it’s about subscribers to the conspiracy theory. Oh, and if you get a chance, throw a wreath on the landfill for me.

  • Anonymous

    the number is 1-800-452-1999 CPS 24/7 intake

  • Anonymous

    I looked him up, he is on the sex offender list. It listed his offense as gross sexual assault with a minor not attaining the age of 14.  The neighborhood says it was a past girlfriends child. His neice also claims he has been with her, but he didn’t do time for her, sadly, that would’ve protected his new daughters.

    I don’t think they have many choices on the workers in their home. If they kick them out, CPS will most likely take the children. Yes, you can say NO, when CPS, recommends services. I wouldn’t recommend to anyone that comes to me for advice to refuse services that are recommended. Refusal of  services, can mean an unwillingness to improve living conditions. His probation officer probably informed him that accepting services would be wise. He certainly needs more parenting classes, if he has completed them he failed miserably. Angermanagement skills for this one.  I think casemanagement will be in there for a long time just to keep an eye on the girls; unless funding is cut.

  • Anonymous

    Very true, the courts have the final say. There are times that DHHS investigates and walks right back out when they should set up further intervention. A quick interview doesn’t cut it.  A lot depends on the worker. They are investigating a report they recieved. Its strictly their own call. They do report their findings to their supervisor, and the supervisor says, if further needs to be done or they can leave.(At least that is what they are telling us they are doing.)  That is what I have witnessed, when advocating for parents needing assistance with the system. 

  • Anonymous

    It drives me nuts when I see Child Protective leave children in homes that they know have drugs in them. Moms with a different daddy figure bi-weekly, I don’t think I’m exaggerating. The children have so many issues, kicked out of school more then in. I’m watching a girl now that will be pregnant by 15, I just know it. I’m also watching a young boy. It breaks my heart, because they are the next generation. They didn’t get a better family,  and no mentor in sight. We wear alot of hats, and youth group is just one that my husband and I wear. We wish we could take in all the misfits and homeless. There is a joke in our town that we don’t need pets, we collect children and elderly. As we walk into church with both in tow.  God Bless you for being a teacher. 

  • Anonymous

    You make an important point and I don’t pretend to know the solution aside from training and constructive feedback. I’ve walked into a home where so many things were amiss the residents should be yanked out immediately and the administrator jailed right after a worker just left and documented everything was OK.

    The difference was the worker taking the word of the home provider versus actually going and looking at everything.

  • Anonymous

    Domestic violence IS everyone’s business… please don’t ever feel that it isn’t.  I think you’re pretty wonderful for saying something like that to me.  Thank you very much. I’ve taken care of that and I’m okay now. 

  • Anonymous

    The primary argument that you make is totally inaccurate.  If a parent has a concern with DHHS, they can file a complaint, which will be investigated, with the State Ombudsman’s office.  That office exists to provide oversight and is not connected with the DA’s office. 

    There is not a conspiracy in Maine for children to be taken away from their parents without real cause.  Particularly over the last 5 years, as the State has greatly reduced the number of kids in custody by pursuing kinship placement options and putting services in the home.  If anything, kids are sometimes left in dangerous situations too long.

  • Anonymous

    If I had the time or energy to respond in depth to title 22. I would but I’ve got an idea that would not change Ur dhhs love or thought that your accurate. I will simply state that dhhs have made huge mistakes and continue too and also do some good as well and I am very educated in the roll of the ombudsman office…lol. and by the way the “DA” has nothing to do with child welfare cases unless criminal charges are brought I will assume that was a typo and u meant AG. As well I agree kinship care has increased and know that its all because so much funding has dried up and faced with advocates like a man named Jim from bangor he has made a huge difference in the way these animals do their jobs. I’m typing and traveling so excuse my amateur response but u have Ur opinion and I will have mine and pray for victims of dhhs like Logan marr

  • Anonymous

    LOL is all I can say. And did they help out Logan marr or her mother? Umm nope Logan was murdered in care by a dhhs worker she lived with oh and what about parents who have their case heard in a hearing they are not present at or invited too and told they won’t have a C1 hearing for up to 10 days because dhhs used an excuse that it could be dangerous to the child if the parents have a heads up of the pending action…only to then in 10 days allow parents a visit and a hearing hmm they were not to dangerous were they….but u can sing that dhhs is the wonderful loving agency u think they are but I worked in that hell hole and they are mean hateful calculated people who are far worse than u make them out to be…now of course u have some exceptions like with any office

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