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David Stanley Ford

State fails to heed warning
State fails to heed warning to DHS

By Randy Ellis    Comments Comment on this article48
Published: March 16, 2008

© Copyright 2008, The Oklahoman

POTEAU — DHS was warned.

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JaJuan Flowers

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"I called them crying several times. I begged them not to put my children with those people,” said Melissa Castillo, 26, of Fort Smith, Ark.

"They're both awful people.”

DHS ignored the warnings.

Castillo's 4-year-old son, JaJuan Flowers, is now dead.

The boy's stepmother, Maria Torres-Vasquez, is charged with second-degree murder in his death.

His father, Beltan Vasquez, is serving a 12-year prison sentence for molesting another child in the home.

The Oklahoman looked into JaJuan's Dec. 11, 2006, death as part of its continuing investigation into children who have died or been abused in Oklahoma Department of Human Services custody. DHS spokesman George Johnson said it would be inappropriate for him to comment on why employees made the decisions they did in JaJuan's case.

‘What did DHS know?'
The cries of an anguished mother were not the only warnings Oklahoma Department of Human Services workers ignored when they placed Castillo's two children in the Vasquez home in 2006, records reveal.

They weren't even the strongest.

Because the Vasquez home was located across the eastern Oklahoma border in Arkansas, Oklahoma DHS workers had to ask their Arkansas counterparts to do a foster care home study.

Arkansas workers rejected the home.

Vasquez, 39, was an illegal immigrant, had been unemployed for more than a year and already had seven children in his home, Oklahoma child welfare workers were told.

Vasquez did not have a Social Security number, so a nationwide criminal background check could not be obtained, the report said.

The Arkansas officials also reported that Vasquez had been arrested on a domestic battery allegation in Arkansas two years earlier.

Oklahoma DHS workers already knew that. In 2004, an Arkansas police detective had called to inform them Vasquez had been arrested on a complaint of domestic violence against his then-girlfriend. The detective made the call because the girlfriend said Vasquez had "threatened to kill JaJuan's Oklahoma child welfare worker.”

Stepmom also a risk
Vasquez's 34-year-old wife also posed a risk.

Torres-Vasquez had a 1996 misdemeanor assault conviction out of Newport News, Va., records show.

It is unclear whether Oklahoma DHS workers knew about that conviction.

DHS workers knew something else, however.

Castillo's two children were taken away from her in 2002 because of injuries that JaJuan's half-sister, Jonesia Youngblood, allegedly suffered while in Torres-Vasquez's care, records show.

Jonesia came home with bruises on the side of her face and the back of one leg after Torres-Vasquez had been baby-sitting the two children, Castillo said.

Castillo said her sister, who lived in Oklahoma, then came to pick the children up for the weekend.

"I told her what happened, and she acted like it was no big deal,” Castillo said.

However, after her sister crossed the border back into Le Flore County, she took the children to an Oklahoma hospital and told doctors she thought the 21-month-old girl had been abused.

DHS was contacted and did an investigation.

Castillo and several other witnesses told DHS workers the bruises were sustained while Jonesia was in Torres-Vasquez's care, records reveal.

DHS then interviewed Torres-Vasquez, who "confirmed that three of the child's injuries had occurred while the children were in her home,” according to a child death review report prepared at The Oklahoman's request by the Oklahoma Commission on Children and Youth.

DHS made a "confirmed finding of physical abuse,” and stated the identity of the alleged perpetrator was "unknown.”

The children were taken away from their mother for "failure to protect” and "threat of harm.”

The children spent most of the next three years in the foster care of Castillo's Oklahoma sister, who wanted to adopt them.

Records show the sister spent those years on an emotional roller coaster as DHS vacillated between efforts to help her adopt the children and efforts to reunite the children with their biological parents.

In March 2006, the sister gave up, declaring, "(I) can't do this anymore,” records reveal. She turned the children back over to DHS.

DHS child welfare workers then focused their efforts on placing the children in the Vasquez home.

When Arkansas rejected the home as unsuitable, Oklahoma child welfare workers could have let the matter drop.

Instead, they worked out an arrangement.

Vasquez moved his family across the border from Arkansas to Arkoma, OK, and DHS placed JaJuan and Jonesia in his home.

Three months later, JaJuan was killed after the family had secretly moved back to Arkansas. He died from nonaccidental blunt force trauma to the head, the autopsy revealed.

Torres-Vasquez's second-degree murder trial is set for April 7 in Fort Smith, Ark.

‘Beyond negligence'
Castillo said she blames DHS "100 percent” for JaJuan's death.

Placing the children in the Vasquez home was a bizarre decision that "goes beyond negligence,” said Gary Buckles, Castillo's Poteau attorney.

DHS took Castillo's children away from her because she failed to protect them from her baby-sitter, then turned around and placed the children in the home of the baby sitter, he said.

Buckles said he tried to obtain a tape recording of the court hearing where the decision was approved, but the recording had "mysteriously disappeared.”

No DHS employees have been disciplined over the matter, he said.

In August, Buckles filed a wrongful death claim with DHS in which he asked the state for $20 million.

DHS rejected the claim by failing to respond.

Buckles said he expects to file a state lawsuit against the agency within the next few days and may file a federal lawsuit later.

Castillo, who is now married and lives with her husband and a 4-year-old son, said she is still pursuing efforts to get her daughter back.

In June, Arkansas child welfare workers did a home study on her Fort Smith home and rejected her, citing the earlier incident in which her children were taken away and her parental rights to JaJuan were terminated.

They said she was listed on "Arkansas criminal and central registries for several counts of failure to protect and neglect,” so placement of her daughter in her home would be inappropriate.

Castillo said Oklahoma DHS officials recently told her that if she would move to Oklahoma, she and her daughter might be reunited.

"I don't know who to trust,” she said. "I can't trust anybody. ... DHS has ruined my life and my children's lives. It ended the life of one of my children. It's a big nightmare I'll probably never wake up from.”

Contributing: Staff Writer Nolan Clay

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David Stanley Ford



Related Topics: Crime, Criminal Assault


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Child Abuse Awareness Event, Tuesday April 8, 2008. 1st floor Rotunda. 1-2pm. Please make plans to attend. John Marshall High School choir to perform. For more info go to www.kelseyspurpose.org
Julie, Edmond - Mar 25, 2008 at 6:32 pm
Nothing chabges until the people of Oklahoma decide enough is enough. Our parasites, I mean politicians, could care less so long as we are collectively stupid enough to keep electine the same scum over & over, do nothing when they do the same thing over & over and wonder why the same thing keeps happening over & over. Does this ring a bell? Doing the same thing over & over & expecting a different result? Now we have a virtual army of lawyers in town to sue DHS. If you have information for them their number is (212) 683-2210. If you have information & do not call, then shut the hell up & stop complaining!!!
M, Truth - Mar 18, 2008 at 12:49 pm
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If you want to hear what really happened go to www.okkids.org and read the report. That should clear up "what went wrong".
pattsi - Mar 18, 2008 at 12:15 pm
All politicians and political appointees are narcissist. Whereas it is not true that all narcissist are politicians. Narcissism defined is inordinate fascination with oneself; excessive self-love; vanity or an erotic gratification derived from admiration of one's own physical or mental attributes, being a normal condition at the infantile level of personality development.

Nothing in state government changes unless the root problem is dealt with. The cancer of inept management has metastasized. Bad managers continue to promote other bad managers. The vicious cycle is due to an inherent need to not expose the ineptitude and the magnitude of the profoundly intellectually bankrupt management in state government. Until this is dealt with nothing, no amount of money can change the outcomes.
M, Truth - Mar 18, 2008 at 9:28 am
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I was a child welfare worker for just under two years and left CWS for another position in DHS when I was told "if you want to make it in child welfare, you just do what you are told and do not ask questions." That was almost 10 years ago. Upper management has a tendency to follow policy as it suits them and disregard policy and then threaten the worker with insubordination discharge if the worker does not do as he or she is told. Child Welfare is a living breathing reign of terror. The people running DHS are crooks, cowards and need to be in jail.
M, Truth - Mar 18, 2008 at 9:08 am
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It is time to move past the typical excuses for bad decisions at DHS,i.e. "low pay means high turnover in staff, the caseloads are too unmanageable," yada,yada,yada. And that goes for the hand wringing cliche,"another child fell through the cracks" as well. We need to put the blame exactly where it belongs--on the blatant disregard for safety of children by managers in the Area Office and State Office, the DHS Legal Unit and Howard Hendrick. It is spelled out in plain English in the investigation by the Commission on Children and Youth into the death of JaJuan. A reference was made to an e-mail between staff in which State Office advised staff to place the children with the father and that it "may require Legal's input." On 8-28 in a contact note: the Legal Division was consulted on Dec. 12th regarding placement with the father. Worker explained there would be 9 kids in the home. Legal Division advised that the court could grant permission for JaJuan's biological father to adopt child #3 "under the circumstances". The case plan for JaJuan was not hatched up by a brand new worker, or one who didn't have time to examine all the details. Everyone in the chain of command looked at this case, was aware of the father's circumstances and history, and put their seal of approval on this debacle. The worker was following orders from above. The fate of this four year old child lay in the hands of an Agency that has deliberately weeded out the "social workers" to fill the ranks with employees who promise blind obediance and absolute allegiance, with no knowledge of child welfare policy. It is time for the legislature to step up to the plate and intervene.
Marilyn, Seminole - Mar 17, 2008 at 7:45 pm
Hey, but we MAY get an NBA team, right?
Kevin, Oklahoma City - Mar 17, 2008 at 4:39 pm
I am about to bash DHS but, let me clarify for some of you just who it is that I am going after. When I get angry at DHS and acuse them of not doing their jobs, etc. USUALLY I am referring to HOWARD HENDRICK and UPPER MANAGEMENT - the faceless monsters hiding behind their child welfare workers who are on the front lines. I believe that most people who work in child welfare are there for the kids but, they have their hands tied by the UNWRITTEN POLICIES AND PRACTICES of upper management. THESE ARE THE PEOPLE WHO ARE MORE CONCERNED ABOUT NUMBERS THAN THEY ARE CHILDREN. WAKE UP OKLAHOMA!!! CHILDREN ARE DYING EVERY DAY BECAUSE SOME MAN IS SITTING IN HIS LITTLE IVORY TOWER POURING OVER NUMBERS AND TRYING TO MAKE BUDGET CUTS THAT WILL ENSURE HIS YEARLY SALARY BONUS! Kelsey Briggs, Jousha Minton, Olivia Scroggins, Skyla Brooks, Ryan Luke, Keenan Taylor, Declan Stewart and now little JaJuan, are MORE important than numbers and budgets. LET'S STOP ADDING NAMES TO THIS LIST AND WORK TOGETHER FOR THE SAKE OF THE CHILDREN! I am willing to help in any way that I can but we have to start at the top. REMOVE HOWARD HENDRICK AS DHS DIRECTOR!!!!
Lori, Oklahoma City - Mar 17, 2008 at 1:17 pm
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If you work for DHS and you can sit there writing this child's death off because there wasn't enough $$ then quit your blasted job and give it to someone who will make good decisions regardless of what's in it for them.
T. A., Moore - Mar 17, 2008 at 9:36 am
Heather, I hear you, loud and clear. But you can't give up. You can't quit trying. Griping about it solves nothing; yelling about it solves nothing; making it an "illegal alien" case solves nothing; naming a law after a dead kid and then conducting business as usual solves nothing. Yes, another child slipped through DHS protocol; yes, another child was failed by a volunteer's lack of training. But out there somewhere, is a 2 year old screaming for help. In Carter County, Elizabeth Kruse, Nancy Crite, Glenda Mann and Ann Blizzard heard those cries. And they started something. It sounds like John has found another avenue that might help. If DHS can't help, if CASA can't help, if judges can't help, that may leave only you. Do something. Start something. Call people who have been successful in this life-saving quest. What do you have to lose? Compared to that 2 year old?
Percy F., Ardmore - Mar 17, 2008 at 9:18 am
I would like to see ALL of the officials names involved in this matter. Leflore Co. had a Dr. performing exams on DHS children who was not licsenced in the state of Oklahoma only in Arkansas. The DA was aware of the matter, but continued to allow these exams. DHS kicked him out of the Child Advocacy Center in Poteau because he was performing "sexual assault" exams on little girls without DHS references. He now has a Okla. lic. but the exams done during that time frame had to be dropped for obvious reasons. When the director of the Advocacy Center brought this to light, she was ran out of Poteau. After the Advocacy Center no longer allowed the Dr. to work with DHS, the Dr. began to perform exams at Leflore Co. Health Dept., for the DA. He was allowed to do this because 1. his wife is a Nurse Manager for the health dept. 2. there is reimbursement via medicare and other funds to the DA's office for these exams. There are others to blame besides DHS. The time frames would have been around 2004-2006. Okla. State Dept. of Health oversees alot of the child abuse issues and regulatory matters.
Gayle, McAlester - Mar 17, 2008 at 8:37 am
JUST FYI, NOT EVERY CASE OR CHILD IS APPOINTED A CASA WORKER, SOMETIMES YOU CAN ASK FOR ONE AND IT DOES NOT DO ANY GOOD, YOU STILL DONT EVER GET ONE!
Heather, Oklahoma City - Mar 16, 2008 at 11:04 pm
Cletus, my guess is you'd be one of the first to be 'put down'. Moron.
J, Oklahoma city - Mar 16, 2008 at 8:52 pm
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Oops the old children's home was at 63rd and Penn. My bad again.
John, Stigler - Mar 16, 2008 at 8:52 pm
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The Ryan Luke Law was supposed to help in this area. But all the Ryan Luke Law did was name another law after a dead kid. Whether its Megan's law, Oprah's law, Rick's law, Heather's law, or John's law, nothing fixes the broken system. You just find new ways to define it. Maybe JaJuan's law will outlaw out of state placements, especially in homes of illegal aliens. But that just plugs that hole. Maybe we need more children's group homes. The kids that come out of these homes are fantastic people. If that model works so well, why are we not using it more often? Why send so many kids to questionable private homes when a group home is staffed by trained professionals and a case worker is on hand at all times. You think groups homes are archaic? They oversized ranch style homes with real bedrooms, kitchens, living rooms, pool, and such. They are not the homes of the pre-80's like the one that was situated at NW 50th and Penn, a.k.a. TheWaterford. Even then, those kids were my friends and they seemed quite happy and balanced.
John, Stigler - Mar 16, 2008 at 8:50 pm
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Take all the trailer park trash, minority welfare cases, and drug users and have a mass execution...about a billion people on this planet should be eradicated for holding the rest of society back from advancement. Maybe Hitler was on to something.
Cletus, Mayberry - Mar 16, 2008 at 8:14 pm
James et al., save your sniveling for the appropriate forum. Are social workers underpaid? Yes they are. Are DHS employees overworked? Yes they certainly are. Guess what? You’re not going to get much sympathy talking about the lack of pay and heavy workloads for anybody today. The blatantly obvious nature of this article is about the inexcusable mistakes made by individuals who are suppose to CARE about the lives of the children they're suppose to protect. If he/she/they didn't feel like they could meet that minimum standard due to a lack of pay or any other reason, than he/she/they should have resigned their position. Yes, you are correct in that we should have a lot more people step up to the plate and provide a safe and loving environement for our neglected children. Hopefully, this article will motivate others to do so. But here's some free advice that you should find useful to demonstrate a perfect example of how NOT TO CARE. Re-read this article. THIS TIME READ IT SLOW AND CAREFULLY. Perhaps you'll finally understand this: ANOTHER CHILD IS DEAD!!!!THIS CHILD IS NEVER GOING TO CELEBRATE ANOTHER BIRTHDAY, PLAY BASEBALL, RIDE A HORSE, PAINT A PICTURE, WRITE A LETTER TO SANTA, ATTEND THIER HIGH SCHOOL PROM, FALL IN LOVE WITH SOMEONE AND HAVE A FAMILY OF THEIR OWN!!!Perhaps the next time you'll think twice about talking about lack of pay when you should be focusing on the mistakes made by individuals who obviously DIDN'T CARE. These mistakes and the lack of care were the direct result of this child's death. It had nothing to do with thier monthly salary.
Kelly, Newalla - Mar 16, 2008 at 6:01 pm
Percy, you make a good point re: CASA but it all depends on who you get as the CASA worker. I worked closely with some CASA workers who were AWESOME. However, there are some other CASA workers who were terrible and did nothing but attend court. Also, I would like to point out that CASA and the judge wanted Kelsey Briggs home. As far as DHS goes, protocal is broken each and every day. Tragically, it is the kids that suffer!
Heather, Guthrie - Mar 16, 2008 at 5:41 pm
If the facts in this story are correct, then someone made a really bad decision. First, that person and her immediate supervisor need to be terminated by end of day, desks cleaned and no benefits. That way they won't be overworked. Second, internal DHS policy needs to be instituted that makes repetition unlikely. I suspect protocol was broken and the systemic tools for preventing this kind of thing, especially supervision of caseworkers, need to be repaired and communicated to all levels post haste. Finally, the most powerful weapon in the arsenal of preventing child abuse is the C.A.S.A. organization, but it takes a strong judge and dedicated volunteers to make it work. Once the child enters the system, a CASA volunteer is appointed by the judge and helps that child through the entire process from day one to completion, answering only for the child to the judge. If you are truly interested in making a difference in these kids lives, saving some of them in the process, I suggest you contact Judge Tom Walker or the Carter County CASA organization in Ardmore, Oklahoma. If you don't have the time to volunteer yourself, help discover people who do and encourage them to volunteer. Some kid will thank you. At the very least, some kid will still be alive to thank you.
Percy F., Ardmore - Mar 16, 2008 at 5:18 pm
Two words:

Forced Sterilization

None of these people deserve to have the precious gift of a child. There should be no second chances. Abuse a child, get sterilized. That works for me. It would take the load off of DHS and stop these ignorant people from perpetrating the cycle of abuse and violence. Birth control people!!!! Use it!
K, Edmond - Mar 16, 2008 at 3:50 pm
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Competent people should be working for the DHS. Kids should have parents who want to take of them, but in the real world its not always the way it should be. They need to get rid of the incompetent people who are watching over the kids starting at the top with Howard Hendricks and any one with a past criminal record including child abuse.
Candace, Lakeland - Mar 16, 2008 at 1:34 pm
1) No transcript or recording of what happened during the court proceeding. 2) No way to verify the caseworker told the truth to the court. 3) No one is suffering any consequences.

The system can be fixed, but only if the state starts to take juvenile court seriously. Make transcripts require and make it a felony for a caseworker to lie to the court. Then and only then can we BEGIN to solve our current problems, because as it stands now we have no way to know what is really going on.
Derek, Oklahoma City - Mar 16, 2008 at 1:24 pm
As with any government service, you have competent/incompetent employees. The incompetent ones not only place children in danger, but give those underpaid competent employees and the State are black eye. I don't know about a complete redo of DHS, but better pay, higher standards and quality control might be a start.
JH, deep red creek - Mar 16, 2008 at 1:05 pm
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I have to side with Heather on this one. My aunt is a foster parent and has taken in kids from some pretty messed up situations. Those kids had no real families but they are welcomed with open arms into our family by all of us. The aunts, uncles, cousins, and grandparents all accept them as blood. Which is more than I can say for the haters on this board who won't make any kind of effort to see that these kids get a decent foster home and DON'T fall through the cracks. Instead of sitting back and attacking the system GET UP, GET OUT AND DO SOMETHING TO HELP SOLVE THE PROBLEM!!!
Kevin, Del City - Mar 16, 2008 at 12:32 pm
Why do we have so many of these kids in the first place? What qualifications or training does it take to parent them? Were they produced with compassion, planning, reasoning, and fore-thought? Never mind.
richard, Stillwater - Mar 16, 2008 at 12:18 pm

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