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System didn't share history of foster home. Officials vow changes.

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Press-Enterprise, The (Riverside, CA)

No pattern seen before child died: System didn't share history of foster home. Officials vow changes.

Author: Lisa O'Neill Hill, Laurie Koch Thrower and David Seaton; The Press-Enterprise

RIVERSIDE

No one knows whether Andrew Ibarra would still be alive if Riverside County social workers had known all that was happening in the home of his foster mother.

But county child-welfare officials say they will overhaul the way social workers communicate in the wake of the 23-month-old boy's death, allegedly at the hands of his foster mother.

They also want to begin psychological testing of prospective foster parents.

Social workers investigated Jackson three times after children were injured but found no proof of abuse.

Still, when a boy suffered a broken arm -- the second child in Cynthia Jackson's care to suffer a broken bone -- social workers declared Jackson's home off-limits to new foster children. The injured boy was moved from the home. But the next day, two brothers, Kenneth and Brandon Shoemaker, were placed in Jackson's home by social workers who did not know another child had been removed.

Andrew and the brothers remained in the home until Andrew's death four months later, on July 19.

Riverside County prosecutors later charged Jackson with felony child abuse involving Kenneth. He and his brother might not have been placed with Jackson if social workers had been fully informed of her history, said Kevin Gaines, spokesman for the county's Department of Public Social Services.

"We're looking for better communication for our social workers in fairly critical issues of placement," Gaines said.

Jackson, 37, of Riverside is accused of murdering Andrew and abusing Kenneth and four other boys. She told social workers that the children's injuries -- including those that led to Andrew's death -- were accidental.

"If the allegations that are leveled against her prove to be true, she fooled a lot of people, a lot of professional people -- doctors, social workers, public health nurses," said Dennis Boyle, director of social services for Riverside County.

Investigators never saw a possible pattern of abuse until after Andrew died of a brain hemorrhage and other injuries.

Boyle said he will ask county supervisors to fund a special unit to handle all complaints and investigations of foster parents. Andrew is the second child allegedly killed by foster parents in Riverside County in the past year. Andrew Setzer's foster parents have been charged in connection with his fatal beating last August.

The unit would arm social workers with the complete history of a foster home before they place a child there, he said.

* * *

First sign of trouble

Jackson had cared for 17 children in her three years as a foster parent.

The first child was placed in her home on March 2, 1998. The first sign of trouble came about a year later.

On March 4, 1999, Jackson told social workers that foster child Tyler D., 15 months, fell down back steps. Tyler was taken to Riverside Community Hospital, where doctors diagnosed a fractured femur.

Social workers launched an investigation of Jackson, who was caring for three other children at the time, Boyle said.

A team of investigators, including a doctor specializing in child abuse, was called in. Diagrams of the steps were compared with the injuries.

One of the other children, a 4-year-old, confirmed that Tyler had fallen down the stairs, CPS officials said. The next day, a social worker spent 45 minutes to an hour with Jackson and the children at the home, Boyle said.

After reviewing evidence and speaking to the doctor, an emergency response worker concluded the abuse allegation was unsubstantiated.

"There was no indication that what happened was different than what the foster mother said happened," Boyle said.

An analyst from Community Care Licensing -- the state agency that licenses foster homes -- ordered Jackson and her husband to install a handrail along the stairs.

Child-welfare investigators returned to Jackson's home after a social worker noticed bruises on foster child Christopher J.'s jaw and marks inside his ear on May 27.

Christopher was moved from the home June 1 to be reunited with a sibling, CPS officials said. An investigation was launched on June 2.

Jackson told social workers that the child was injured while rough-housing with other children, CPS officials said.

Social workers found nothing that contradicted Jackson's explanation.

This year, on March 23, social workers investigated another injury: 2-year-old Andrew Haley's broken right arm.

Two other children, Andrew Ibarra and Michael M., 23 months, were in the home at the time.

Jackson told social workers that Andrew Haley had fallen from a ladder near a backyard pool, CPS officials said.

Although the investigation did not find that Andrew Haley had been abused, his social worker moved him out of Jackson's home, Boyle said.

"This is the third time," Gaines said. "So yes, bells are ringing in someone's head."

A week later on March 31, Child Protective Services put a "hold" on the house, meaning that no new children were to be placed there.

The same day, social workers from a different part of the county placed Kenneth and Brandon with Jackson. The social workers did not know Andrew Haley had been removed based on another social worker's suspicions about Jackson, Gaines said.

Social workers visited the Shoemaker brothers 12 times on visits between March and July and found no signs of abuse, CPS officials said.

On June 29, the boys' mother, Tina, noticed bruises on Kenneth's right side and marks on his ear.

Jackson said the boy had fallen off a slide.

A Riverside County social worker saw Andrew Ibarra for the last time on Feb. 29 and examined him without his clothing, Boyle said. The social worker did not see any marks or bruising and said the child appeared well treated.

On July 19, Jackson called 911 to report Andrew was not breathing.

He died later that day at Parkview Community Hospital.

Jackson told police he had fallen from a slide a day earlier at Arlington Park.

* * *

'This is not a science'

Child Protective Services has no set limit on the number of injuries or accidents allowed in a foster home before it will be shut down, Gaines said.

"We have no intention of doing that," he said. Agency officials say that social workers need wide discretion on placing foster children because "this is not a science," Gaines said. "It's an art. You develop proficiency in the art through a combination of experience and education."

The social worker who put Kenneth and Brandon with Jackson was experienced, Gaines said. CPS tries to keep siblings together and "sometimes you got to move fast" if the spaces open, he said. "One of the problems we experience is that the demand for spaces in foster homes far exceeds the supply most of the time."

The system can be improved, he said. The central unit will serve as "the clearing house" for all foster care information.

Social workers, using the central unit instead of the current complicated computer system, could more easily find out the complete history of a foster home.

Despite investigations of her foster children's injuries, Jackson remained on the list of licensed foster care providers because nothing was ever proved against her, Gaines said. Closing her down based on suspicions, he added, might have violated her right to due process.

"There's no way we could say that if these things were in place, none of this would have happened," Boyle said "This is a flawed system, and we're constantly improving the operations of that flawed system."

The special foster care unit would likely be based in Riverside and house experienced social workers dedicated to investigating abuse or neglect charges, Gaines said.

Ironically, the proposal to consolidate data comes two years after Child Protective Services created six regional offices in response to a scathing report from the Child Welfare League of America for being too compact.

Since then, "one of the drawbacks has been that communication among regional staff could be better," Gaines said. "We need information coming into one source and information going out from one source."

The agency plans to present its recommendations to the board of supervisors Aug. 15, when an internal review of Ibarra's death comes before the panel.

Supervisors Jim Tavaglione and Tom Mullen lauded the idea of a special unit.

"Here we are dealing with the most helpless people in society," Mullen said, "so redundant systems are an absolute necessity."

Both also blessed the idea of psychological testing. "It's known that many times you don't detect problems or issue with any individual without psychological testing," Tavaglione said. "That's why it's done for police officers."

A consultant for the Child Welfare League of America said the idea of psychological testing is new to him, but it might work. "These things all sound like good, responsible, contemplative responses to a tragic incident such as you have there," John George said.

Currently, potential Riverside foster parents must pass a criminal background check, be interviewed by state licensing officials and local social workers, and complete 24 hours of training.

Adding psychological evaluations "is kind of a big deal," Boyle said. "I don't know if anyone has done it. But any tool we can come up with that will predict future behavior is needed."

Some child-advocate groups say that psychological testing of prospective foster parents is a narrow solution to a big problem. Others welcomed the extra screening.

Marybeth Feild, a member of the Inland Empire Foster Care Association, said that psychological evaluations for prospective foster care providers might be a good idea, especially if other foster parents are involved in the training and screening process. "Because nobody knows better than another foster parent," Feild said.

Requiring prospective foster care parents to jump through additional hoops will just shrink the pool of safe homes available for children, said Richard Wexler, executive director of the National Coalition for Child Protection Reform.

Wexler's organization advocates keeping families together except in cases of extreme abuse. It believes financial support and counseling helps children and families more than plucking a child out of the home.

The idea of centralizing and running tighter control on abuse investigations might "be marginally effective," Wexler said. However, he said, abuse allegations should be investigated by an outside organization, such as the police department.

* * *

A foster mother's history

Cynthia Marie Jackson had 17 children* in her care during the almost 28 months she was a foster mother. During that time Riverside County Department of Social Service workers visited her at least 169 times. Most were routine visits or to pick up children for appointments, but some were part of three investigations into possible abuse in the home.

* * *

1997

July 3: Jackson evaluated by the county as part of the state licensing process.

1998

March 2: First child placed with her.

1999

March 4: 15-month-old Tyler D., one of four children in the home at that time, reported by a doctor at Riverside Community Hospital as having a spiral fracture in his femur. Jackson said he fell down the steps behind the house.

April 2: Investigators conclude the injuries probably were the result of an accident and order a railing installed.

May 27: A social worker notices bruises and scratches on 2-year-old Christopher J. He is one of four children ages 1, 18 months and 3 in the home.

June 1: Christopher J. is moved to join a sibling in another foster home.

June 2: A formal investigation is launched.

June 14: Investigators concluded that abuse allegations are unsubstantiated.

2000

March 23: A social worker asks for an investigation after 2-year-old Andrew H. breaks an arm. According to Jackson, Andrew H. fell off the ladder near the pool.

March 30: Andrew H's social worker removes him from the home.

March 31: Child Protective Services places a hold on the home. Brandon and Kenneth are placed in the home because social workers are unaware of hold.

May 29: Allegations are ruled unsubstantiated.

July 19: 23-month-old Andrew Ibarra dies at Parkview Community Hospital. Jackson tells police he fell off a slide at Arlington Park the day before. Andrew had a brain hemorrhage, bruises and a broken rib. Jackson is arrested on suspicion of murder.

July 21: Jackson is charged with murder of Andrew and abuse of five other children.

August 4: Jackson pleads not guilty to all counts.

* * *

*Status of the 17 children: two moved to foster homes in Los Angeles County; one placed with a relative; four adopted; two reunited with parents; three moved out of the house at Jackson's request; two moved out of the home by social workers; two moved to a shelter home; one died.

Source: Riverside County Department of Public Social Services

2000 Aug 8