April 2012 Archives

The lack of a clear legal “standard of care” for the evaluation and screening of prospective adoptive, foster, and kinship applicants directly undermines the child placement process, the physical and emotional development of children placed in adoptive and foster homes, and the adjudication of legal issues arising when children are harmed.

Often, it is only when a lawsuit is filed that society is forced to take a hard look at its legal expectations, and it is then compelled to acknowledge that there may be a very real distinction between child welfare’s “best practice” standard and the legal standard of care.

So begins an article by Professor Dan Pollack writing in the Capital University Law Review.

Anyone wishing a copy of this thought-provoking and engaging law review article can contact Professor Pollack directly at dpollack@yu.edu.

During the past two years, victims of child pornography (represented by the Marsh Law Firm and pioneering attorneys Paul G. Cassell and Carol L. Hepburn) have been seeking restitution in federal courts throughout the country.

Almost twenty years ago Congress, led by then-Senator Joe Biden, passed a law as part of the Violence Against Women Act which requires federal district courts to award mandatory restitution to child pornography victims for the "full amount of the victim's losses." 18 U.S.C. § 2259(B)(3). Among the losses covered by the statute are psychiatric care, lost income, and occupational therapy.

Recently this issue has come to a head in the Fifth Circuit Court of Appeals in two cases, In re Amy Unknown, No. 09-41238, and United States v. Wright, No. 09-3125.

The Fifth Circuit has scheduled a rare rehearing en banc before 16 judges in these two cases on Thursday, May 3, 2012 in New Orleans.

Amy will argue that the Fifth Circuit should not read a general proximate cause requirement into the statute. At least four judges on the Court agree with her.

Both the Government and the defendants in these two consolidated cases believe that proximate cause is required and limits the availability and amount of restitution.

A decision in the case is expected by the end of the year.

For more information on this issue, visit http://www.childlaw.us/restitution/

Here are the briefs filed in the case:

Apparently the adoption industry learned nothing from the international uproar surrounding Masha Allen's adoption by a child molester six years ago. Masha's tragic adoption still reverberates as Russia continues to grapple with US-Russia adoptions.

Now, in Ohio, a disturbing new case involving the alleged rape of three boys by their adoptive father, who also allegedly prostituted one of the boys to two other men, recently was exposed and occurred “despite safeguards designed for adoption agencies and prospective parents.”

Thanks to Marley at The Daily Bastardette for bringing this story to light.

Here are the highlights:

• Kenneth Brandt, the children's adoptive father, is the former president of the local Foster Parent Association.
• Brandt has a history of bringing children from Texas to Ohio as foster children.
• Brandt had three boys ages 12, 10, and 9, and a girl, 9, under his care.
• Brandt is charged with raping his three adopted sons and prostituting one of them to two men.
• All four children were from Texas and one adoption was not yet finalized.
• The children—who are not all birth siblings—were adopted in 2011 from Texas via Adopting Children Today Information Option Network (ACTION).
• Brandt was home-schooling some of the children.
• Authorities were able to track down Brandt and fellow suspects Patrick Rieder and Jason M. Zwick as a result of an Ohio Internet Crimes Against Children Task Force investigation involving criminal activity on Craigslist. An undercover detective responded to an ad and made contact with Zwick, who eventually introduced the detective to Rieder and Brandt.
• One of the boys in Brandt’s home said Brandt allowed two men, Rieder and Zwick, to have sex with him.
• During police questioning, Brandt admitted having sex with the 10-year-old about 10 times. He also told police that Zwick had sex with the boy, but denied Rieder’s involvement.
• Brandt was on the board of the local basketball league.
• One boy said Brandt had sex with him two to three times a week since he arrived at the home. The two other boys also told police that Brandt had sex with them.
• The 9-year-old boy said the sex abuse started about two weeks after he arrived from Texas.
• All the men are described as “average everyday Joe.”
• Zwick is from an upper-middle class family with strong ties to the community, local politicians and office-holders.

University of Dayton political science professor Tony Talbott, whose research interests include human rights, said the Troy case is one example of a widespread problem. His quote sums it up best:

“I’m looking at the news coverage, and the residents of Troy are shocked and appalled, which they should be, but they really shouldn’t be surprised,” he said. “This is something occurring throughout the state of Ohio, throughout the United States and internationally.”

No word on what became of the children in this case. Hopefully they will not face Masha Allen's tragic fate, but given their age and vulnerability, anything is possible.

The Dayton Daily News has provided extensive coverage of the case:

Man accused of child rape

FBI to pursue charges against 3 men in child sex case

Accused rapist in process of adopting 4th child in alleged rape, prostitution case

Man used private Dayton adoption agency in alleged child rape, prostitution case

Child-rape case shows safeguards failed

3 child rape suspects
 'blended' into society

Two of three child-rape suspects indicted

Trial dates set in Troy child rape case