Nev Moore, president of Justice For Families, has filed a lawsuit against a Massachusetts battered women’s shelter, Independence House, arguing that their apparent close cooperation with the Massachusetts’ Department of Social Services violated her civil rights.
Moore’s case is a fascinating look at the world of DSS and foster care, especially in regards to how capricious and arbitrary DSS decisions can be.
The facts of the case are rather straightforward. Moore’s husband, Tom, had a drinking problem. That didn’t manifest itself into violence until April 1996, when after having too much to drink, the couple got into a fight and Tom knocked down and then kicked Nev. A passing motorist called the police and Tom was charged with assault.
Tom plead guilty to the assault charger and agreed to enter alcohol and anger management counseling. He was placed on one year’s probation. Since that time, Tom says he’s only had a total of three beers and there have been no incidents of violence.
Nev agrees, telling the Boston Globe a couple years ago, “I told him he could never drink in this house again or be here under the influence. Any violence against me or the children would absolutely not be tolerated. Tommy never raised his hand or threatened me after that.”
After the incident, the Moore’s were assigned a social worker who Nev claims insisted that she was in denial about being a battered spouse. Then, in May 1997, the DSS worker claimed that the couple’s young daughter, Brieanna, allegedly said that Tom had hit her, although the girl and Tom both denied this and there is no record of the child having sustained marks or bruises. In fact, a paper filed in court on May 15, 1997, includes a question reading, “Continuation in the home is contrary to the welfare of the child?” and “No” is checked.
Still, Brieanna and her brother, J.T., were both removed from their home shortly afterward and placed in foster homes. Brieanna spent more than a year in a foster home where she says the treatment from foster parents was poor and DSS officials constantly lied to her.
“They kept saying I’d be back home in a few weeks, but I never was,” Brieanna told the Boston Globe in 1999. “They kept saying I’d go back to my old school, but I never did. They said I said that my did hit me, but I never said that. My counselor kept making me say I was afraid to come home, but I wasn’t.”
In her lawsuit against Independence House, Nev Moore maintains that DSS forced her to attend meetings at the battered women’s shelter. At the shelter she was told that the sessions she participated in were confidential, but Moore believes that the shelter shared her comments with DSS. Her suspicions were only enhanced by learning that the shelter relies on DSS for two-thirds of its funding
Regardless of the details of Moore’s particular case, she is certainly correct that too many DSS agencies make decisions based on capricious and arbitrary criteria, and often in violation of established legal principals. In fact in some areas DSS officials maintain they are not bound to observe even the most basic of Constitutional protections guaranteed to the accused.
Sources:
Suit Filed Against Battered Women?s Shelter in Hyannis. The Massachusetts News, March 9, 2001.
From anger to action. Joseph P. Kahn, Boston Globe, February 9, 1999.