Cut Bank Pioneer Press (News)

Former detective dives into DFS policies, says 'checks and balances are needed'

By SHARON M. ANDERSON Cut Bank Pioneer Press

You could ask the 21-year-veteran day care provider-she's infuriated and feeling like she was "used." But she wishes anonymity in this article.

You could ask the two five-year-old girls, so "terrified" that night they asked their mother to sit at the foot of the stairs. But they're going through enough.

What transpired the morning of Feb. 13 at a local day care has so upset the girls' parents, however, they're determined to see some "checks and balances" into a state department whose sole job is to protect children.

They also hope by sharing this story, the public will know their rights are almost nil should an anonymous caller make a report to the Department of Family Services (DFS).

Cut Bank Police Officer Jim Olson and Allysen Jones moved to Cut Bank from Ronan with their children last June. The Cut Bank City Council recently appointed Allysen, with a degree in chemical dependency counseling, as the city's fifth volunteer reserve officer.

Olson has a 16-year-old son, Zach, who attends Cut Bank High School. He also has a five-year-old daughter, Jamie, from his former marriage. She's the little girl at the center of this controversy.

Allysen has a five-year-old daughter, Amelia, and a three-year-old son, Dillon, from her former marriage. The couple is trying to blend their families in the big, green Skierka home across from the H.C. Davis Elementary play-ground.

"We really like Cut Bank. The people are friendly," said Jim, who gave up his detective position under Lake County Sheriff Bill Barron for a more regular police schedule in order to spend more time with his family.

He reports "losing everything" through a 16-month court battle to gain sole custody of Jamie. Jim said he paid $22,000 in retainer's fees to his two attorneys through it all. As part of the agreement, Jamie's mother is debt-free, Jim adds.

"It's amazing what I can do out in the field, but Jamie can stand toe-to-toe to me at home," he jokes, adding, "That little girl is the apple of my eye."

In the October judgement through Lake County District Court, Jamie visits her mother every other weekend. Jim and her mother meet halfway in West Glacier.

Things seemed to be going as well as possible...until Feb. 13.

A DFS secretary called the day care provider that morning and led the provider to believe a social worker wanted to talk to her about how both girls were doing at her day care.

"I felt I could give them my opinion. I had nothing bad to say, they were both doing great here," says the provider, who asked if the worker could please come another day as they were getting ready for a Valentine's party.

The secretary "insisted," and at around 9:30 a.m. Bob Kuster was at the door. According to the provider, Kuster showed no identification and asked to speak to both girls. When the provider pulled a chair up for herself to sit in on the conversation, Kuster reportedly told her he needed to talk to the girls "alone."

He asked if he could use one of the rooms in her home to interview them, and "preferred" the provider not tell the parents he'd been there.

"That's when I saw red flags everywhere, and it scared me. I've never been in this situation before. I asked him what this was all about, and he wouldn't tell me," reports the provider. "Jamie would have told her parents Kuster was there, she doesn't keep secrets from her parents," said the provider.

The provider used her dogs being loose in her home as an excuse to get Kuster moving on his way. Kuster said he'd be back Monday, Feb. 18, but never returned again. The provider also states both girls were visibly shaken by Kuster's visit.

"That night, after I put them to bed, they asked me to sit at the bottom of the stairs so that 'bad man' wouldn't come and get them," recalls Allysen.

Since then, Jim and Allysen have learned an "anonymous caller" reported Jamie using "inappropriate language" as the reason behind Kuster's Feb. 13 visit. Now, only a few days later, DFS paperwork received by Olson indicates "neglect and abuse."

Jim and Allysen are bitter DFS won't spell out exactly what these allegations mean. "They say they are not obligated to tell me what the affidavit contains," said Jim. They suspect Jamie's historically dry skin that doesn't seem to respond to the "15 different bottles" of over-the-counter and doctor-prescribed lotions for the "neglect and abuse" allegation. But she still receives a good dosing of lotion every day.

"Why didn't Kuster just show up to our door, tell us what the allegations were, what his responsibility was to those allegations, and ask to visit the girls in our presence?," wonders Jim.

That's not all that has Jim and Allysen irritated with DFS:

¥ Allysen isn't happy her daughter is being pulled into the turmoil.

¥ If Kuster would have met with the girls alone Feb. 13, "how does a grown man interrogate five-year-old girls? Would he have been asking leading questions,?" wonders Jim.

¥ Unlike law enforcement officers, who must obtain parental written consent to speak to juveniles under 16 in their parent's presence, DFS is under no such obligation. "They have more power than law enforcement, too much control," stated Jim.

¥ The public has no recourse on DFS or the anonymous caller should reports be unfounded.

"In a nut shell, I think DFS's ultimate concern is to keep families together. I just wish there was some recourse for unfounded complaints," said Jim's former boss, Lake County Sheriff Bill Barron on Friday.

Jamie is to meet with Choices Psychotherapy and Consultation Services counselor Debbie O'Brien, advised DFS, or Glacier County Attorney Larry Epstein would be issuing a "temporary investigative authority."

"That basically means, I'd be arrested if I don't have Jamie to Choices," reports Jim, who wasn't told of the date or time of the appointment even as of Mar. 1. On Mar. 2, however, the family received a letter from DFS requesting both Jamie and Amelia meet with O'Brien at Choices tomorrow, Mar. 7.

"As Glacier County Attorney, I do have discretion in this matter. I feel the affidavit supports the DFS referral, so I have no choice but to press it," said Epstein on Friday.

Jamie's day care provider perhaps sums up this entire sad story the best.

"I was appalled to know the strings DFS pulls, and the people they'll use. And I wonder if all adults know what the hell they are doing to these poor kids with their damn games. Kids don't need this."

Supervisor says DFS controls include 'heavy court oversight'

By SHARON M. ANDERSON Cut Bank Pioneer Press

"Due to parent confidentiality, I'm not allowed to comment," said social worker Bob Kuster on Friday regarding the Olson case.

But his supervisor, Rod Huisman of the Great Falls Department of Family Services (DFS) office, took some time later that afternoon trying to explain how the process works.

"Yes, we do have a lot of authority to make sure children are safe. Parental rights depends on the substance of the report." Huisman said the "checks and balances" in the DFS system include supervisory reviews, affidavits, and court orders for either placement or to make sure treatment plans are followed. "DFS has heavy court oversight," he stated.

He acknowledged "numerous anonymous reports" are received daily throughout his six county DFS area served by five social workers, five human service aides and one family resource specialist. That area encompasses Glacier, Toole, Teton, Pondera, Chouteau and Liberty counties.

Of the calls received, he estimated "off the cuff" that 70 percent of all reports turn out to be unsubstantiated. DFS, he said, "is mandated under law" to investigate any report within 48 hours.

"Under law, teachers, day care providers and counselors must report to us if they suspect a problem. If they don't, they could be cited with a misdemeanor for failure to report," he advised.

Shirley Tiernan, Child and Family Services bureau chief for training at the Helena office, advised 59 Glacier County reports were made in the fiscal year ending June 30, 2001, compared to 69 the year before. "Keep in mind those numbers do not include the Blackfeet Reservation. They handle their own reports," she noted.

According to Montana Code Annotated (MCA) 41-3-202, "if a child interview is necessary, the social worker, county attorney, or peace officer may conduct an interview of the child. The interview may be conducted in the presence of the parent or guardian or an employee of the school or day-care facility attended by the child."

As far as investigating, "We review and prioritize the risk of each case before taking action," said Huisman.

Huisman said all DFS social workers hired have a "minimum" of a bachelor degree in human services combined with two years of social work experience. "Then they go through a two week comprehensive training program, as well as a two week Montana Child Abuse and Neglect program. In those DFS programs, social workers are trained on policy, treatment plans and working relationships with people," said Huisman.

As far as interviewing children, "our social workers are very well trained in interviewing techniques. They don't interrogate children or ask leading questions. It's up to the social worker's discretion whether to have another person in on the interview. As far as parents go, we have no way of knowing if they could be the perpetrator, or if they will be cooperative during an interview."

But what about those who report out of malice or misinformation? "Some states don't allow anonymous reports, and that's something our legislature has been discussing," said Huisman. He and Tiernan did not have data available on the number of states that do not respond to anonymous calls.

Tiernan suggested detailed information, entitled "What Happens Next," can be found under "publications" in the following website address:

http://www.dphhs.state.mt.us/