State now faces lawsuit over handling of Powell case
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OLYMPIA, Wash. (AP) - Social workers tasked with protecting the children of Josh Powell did not consult with law enforcement or explore his potentially violent past before allowing him to host supervised visits at his home, a panel found Thursday.
Powell violently killed his kids during one such visit earlier this year. Now the state faces a lawsuit over the handling of the case.
Thursday's report, issued by a task force convened after the deaths, concluded that the Washington Department of Social and Health Services should "make concerted efforts" to check with detectives prior to making changes in parent-child contacts when there is an active investigation. Authorities have been investigating the 2009 disappearance of Powell's wife, Susan Powell, from the couple's Utah home.
Josh Powell had been locked in a custody dispute at the time of the killings, and a judge had recently ordered him to undergo an intensive psycho-sexual evaluation. The child fatality review committee also concluded that social workers should immediately reassess visitation policies whens someone is ordered to undergo a psycho-sexual evaluation.
Denise Revels Robinson, assistant secretary for DSHS Children's Administration, said the recommendations provided by the committee "will be of great help in our ongoing efforts to improve our practice in keeping children safe."
"The violent death of any child, especially at the hands of a parent, is always a tragedy," Robinson said. "But few of us who have served in child welfare have had to deal with such a horrific experience as the loss of Charlie and Braden."
To kill his children, Josh Powell locked his front door in the face of a social worker, then used a hatchet on his boys inside and torched the home to kill himself and the two children.
Anne Bremner, a lawyer who has represented the family of Susan Cox Powell, said a notice of claim will be filed Friday - a procedural step that allows settlement talks before a full lawsuit is filed. The claim will be filed on behalf of Susan Powell, and a guardian ad litem has been appointed to represent her interests since she is missing.
Bremner said the family wants to see changes in how the state handles these cases, such as less focus on trying to immediately reunify parents with their children. She said Thursday's findings bolster their case against the state.
"A report that's critical of what happened is a good start," Bremner said.
Social workers were not legally required to consult with law enforcement in a situation like the Powell case, the review committee said. And the panelists did provide some praise for the people involved in the case, saying the work sometimes exceeded acceptable standards for child welfare practices and procedures.
"The conduct and interaction of professionals involved in this case demonstrated the highest concern for the children's health, safety and welfare," the committee wrote.
But while the social workers did follow the law, there were signs that should have led them to be more vigilant, the panel found.
In one finding, the committee concluded that the disappearance of Susan Powell should have prompted the workers to further explore the potential of domestic violence.
Susan Powell's father, Chuck Cox, disagreed with at least one of the report's findings Thursday, saying that DSHS had plenty of evidence that Josh Powell might pose a danger to his boys and also to the social worker assigned to supervise the visits.
"I don't agree with the idea that (the boys' deaths) could not have been prevented," he said. "DSHS, they should have done things a lot differently, and my experience with them was that if Josh wanted it, they were willing to give it to him, regardless of the warning signs - and there were a lot of warning signs that several people knew about."
Cox said in-home visits should never have been allowed - especially after the judge ordered him to take a psycho-sexual evaluation.
"They should have absolutely been stopped at that time ... and certainly gone back to a safer location," he said. "It could have been prevented. ... It was inappropriate all the way around."
Detectives in Utah had shared little about their Powell investigation and had never even publicly labeled Josh Powell a suspect in the case. That was despite the fact that authorities found blood in the family home and a hand-written note in which she expressed fear about her husband and her potential demise.
Josh Powell always maintained his innocence and said he had taken their boys, then 2 and 4, on a midnight camping trip in freezing temperatures the night she disappeared. Investigators had found a gas can, tarps and a shovel in Josh Powell's vehicle shortly after the investigation began. One of the children told investigators that his mother had gone on the camping trip but did not come home with them.
Authorities eventually disclosed to a Washington state court that incestuous images had been found on Josh Powell's computer - a finding that prompted the psycho-sexual evaluation shortly before the killings.
The child fatality panel said that the information Utah authorities had kept private could have helped reassess the length, location and supervision of Powell's visitation rights.
Powell violently killed his kids during one such visit earlier this year. Now the state faces a lawsuit over the handling of the case.
Thursday's report, issued by a task force convened after the deaths, concluded that the Washington Department of Social and Health Services should "make concerted efforts" to check with detectives prior to making changes in parent-child contacts when there is an active investigation. Authorities have been investigating the 2009 disappearance of Powell's wife, Susan Powell, from the couple's Utah home.
Josh Powell had been locked in a custody dispute at the time of the killings, and a judge had recently ordered him to undergo an intensive psycho-sexual evaluation. The child fatality review committee also concluded that social workers should immediately reassess visitation policies whens someone is ordered to undergo a psycho-sexual evaluation.
Denise Revels Robinson, assistant secretary for DSHS Children's Administration, said the recommendations provided by the committee "will be of great help in our ongoing efforts to improve our practice in keeping children safe."
"The violent death of any child, especially at the hands of a parent, is always a tragedy," Robinson said. "But few of us who have served in child welfare have had to deal with such a horrific experience as the loss of Charlie and Braden."
To kill his children, Josh Powell locked his front door in the face of a social worker, then used a hatchet on his boys inside and torched the home to kill himself and the two children.
Anne Bremner, a lawyer who has represented the family of Susan Cox Powell, said a notice of claim will be filed Friday - a procedural step that allows settlement talks before a full lawsuit is filed. The claim will be filed on behalf of Susan Powell, and a guardian ad litem has been appointed to represent her interests since she is missing.
Bremner said the family wants to see changes in how the state handles these cases, such as less focus on trying to immediately reunify parents with their children. She said Thursday's findings bolster their case against the state.
"A report that's critical of what happened is a good start," Bremner said.
Social workers were not legally required to consult with law enforcement in a situation like the Powell case, the review committee said. And the panelists did provide some praise for the people involved in the case, saying the work sometimes exceeded acceptable standards for child welfare practices and procedures.
"The conduct and interaction of professionals involved in this case demonstrated the highest concern for the children's health, safety and welfare," the committee wrote.
But while the social workers did follow the law, there were signs that should have led them to be more vigilant, the panel found.
In one finding, the committee concluded that the disappearance of Susan Powell should have prompted the workers to further explore the potential of domestic violence.
Susan Powell's father, Chuck Cox, disagreed with at least one of the report's findings Thursday, saying that DSHS had plenty of evidence that Josh Powell might pose a danger to his boys and also to the social worker assigned to supervise the visits.
"I don't agree with the idea that (the boys' deaths) could not have been prevented," he said. "DSHS, they should have done things a lot differently, and my experience with them was that if Josh wanted it, they were willing to give it to him, regardless of the warning signs - and there were a lot of warning signs that several people knew about."
Cox said in-home visits should never have been allowed - especially after the judge ordered him to take a psycho-sexual evaluation.
"They should have absolutely been stopped at that time ... and certainly gone back to a safer location," he said. "It could have been prevented. ... It was inappropriate all the way around."
Detectives in Utah had shared little about their Powell investigation and had never even publicly labeled Josh Powell a suspect in the case. That was despite the fact that authorities found blood in the family home and a hand-written note in which she expressed fear about her husband and her potential demise.
Josh Powell always maintained his innocence and said he had taken their boys, then 2 and 4, on a midnight camping trip in freezing temperatures the night she disappeared. Investigators had found a gas can, tarps and a shovel in Josh Powell's vehicle shortly after the investigation began. One of the children told investigators that his mother had gone on the camping trip but did not come home with them.
Authorities eventually disclosed to a Washington state court that incestuous images had been found on Josh Powell's computer - a finding that prompted the psycho-sexual evaluation shortly before the killings.
The child fatality panel said that the information Utah authorities had kept private could have helped reassess the length, location and supervision of Powell's visitation rights.
"Social workers were not legally required to consult with law enforcement in a situation like the Powell case, the review committee said. And the panelists did provide some praise for the people involved in the case, saying the work sometimes exceeded acceptable standards for child welfare practices and procedures."
I'm not saying things couldn't have been done differently, but if the report found the above facts to be the case, then I guess I don't understand what they could hope to gain by the lawsuit. Can they even win? I think it is more about the Cox's and their attorney getting a payday from the State than anything else.
I guess I see why we have to have laws monitoring every choice we make (like wether or not to use plastic bags or text and walk) because some people have lost their use of common sense..."The child fatality review committee also concluded that social workers should immediately reassess visitation policies whens someone is ordered to undergo a psycho-sexual evaluation"Â Ya think?!
It comes as absolutely no surprise that the Cox family intends to sue anyone and everyone they can. those precious children were no more than a meal ticket to them. Perhaps the Powell family should sue as well they lost just as much with the proven death of the boys. Susan we still don't know for certain.
Another win/lose lawsuit. The government is held accountable for their actions and we the taxpayers pay the lawsuit. Like the accountability, hate that mine and the rest of our money goes to pay the lawsuit.
Why is it that I look at the provided photo and feel by the expression that Powell had already decided to kill himself and destroy two young boys futures?
Considering how high profile Powell was, I would have thought the DSHS would put a bit more emphasis on the two boys safety having an officer available on all visitations. There was doubt by everyone about his story concerning his wife and what had come to light about his own fathers questionable motives. I understand DSHS is short staffed in the grand scheme but it could have taken a moment to have a LEO on hand and these two boys would have had a bright future ahead of them instead of having it taken away by the cowardly act Powell followed through with.
Wow - Police officers are available to standby during supervised visits between children and their parent? Sounds like maybe law enforcement agencies - both that knew more than the court or CPS - maybe should have initiated and provided that very service.
 @Just Sayin The DSHS supervisor on site has (had?) the option of calling in a LEO if they felt the situation warrants a police presence prior to the meeting taking place. I recall that from one of the initial news stories posted after Powell blew up the house.
Yes, i recall "hearing" the repeated calls to 911 by the visitation provider and being blown off by dispatch.Â
They don't need to sue the state they need to have the DSHS worker that was on the case brought up on charges of neglect. Â Maybe then they will start doing their jobs.
This entire case was a disaster from the word go. Â These children were let down by the system.
These innocent children were let down by their biological father.
 @Just Sayin THANK YOU!!!
"The child fatality review committee also concluded that social workers should immediately reassess visitation policies whens someone is ordered to undergo a psycho-sexual evaluation."
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DSHS needed a committee to tell them this? WTF? How much common sense does it take to say "oh, jeez, he was ordered by a judge to take a psycho-sexual evaluation, perhaps we should exercise more caution in allowing him visitation with his children."
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Even looking at that pos makes me sick to my stomach.
OLYMPIA â" Although the Department of Social and Health Services workers often exceeded accepted standards for child welfare practice and procedures, a Child Fatality Review committee concluded that nobody could have anticipated that Joshua Powell would murder his two sons. According to the committee, the work of all agencies and individuals involved demonstrated the highest concern for the childrenâs health, safety and welfare."
Social workers have no authority to "reassess visitation policies" or to deviate from a court order. If the court ordered a psycho-sexual evaluation - shouldn't the court have ordered stricter visitation?
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Chances are this was in two different courts and its likely that "one hand does not talk to the other" The way it is now someone would have had to initiate a new custody hearing to reevaluate visitation. This is where the changes need to be made as well because something like this SHOULD automatically void all past visitation agreements and force them to be reassessed.
1) Unlikely there was a parenting plan or other court involved as there was only one parent available when the children and their father moved to WA State. Mom was already missing in Utah - so father was the only parent.
2) If a parenting plan exists in Family Court and Juvenile Dependency Court (where CPS cases are heared) becomes involved, the visitation order of Juvenile Dependency Court trumps family court visitation.Â
3) Extended family members do have the right to retain an attorney, such as Ms. Bremmer, to represent them in family court to seek third party custody or legal guardianship when they feel children are not being protected or safe with biological parent(s). Too often extended family members, who know the nitty gritty of day-to-day life in their relatives home, don't want to be involved or go into court to say bad things - but then are the first to point fingers when an agency doesn't see the accumulative day-to-day things the family has known all along.Â
4) CPS is not perfect - far from it. If only social workers had crystal balls - no one saw this coming because any decent human being, including all those who write attacks against all state employees - I HOPE - would've done something, anything, to intervene and avoided this senseless loss of innocent precious lives.
How long has this been going on? Months? Years? Decades?
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We've been voting for this crap for a looooong time. We continue to whine about it but keep voting FOR it!
Don't blame the entity when ya keep supporting it. Blame YOURSELVES!
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Quite frankly, I work for the agency and I think DSHS blew it big time. Â The agency is taking the cheap route on just about everything they do these days and whoever ends up being Governor next year - they need to clean DSHS's clock...or maybe throw it out completely. Â DSHS and WA state deserves to lose this case - they should save face and settle.
 @JEM_in_OlyWA So your are admitting to doing a poor job!
There goes another twenty million dollars or so of the state's budget.
Just lost my sympathy for that family. Â Done. Â They want to sue? Really? And how will that money help the kids who are in the situations after this? Â It won't the Social Workers EXCEEDED in many cases, the laws that were in place, according to the report. And they followed the law. They were not negligent. Â Is money going to bring those children back? Nope. Â I'm really disappointed in the lawsuit. Â
@DT @Hikingwithdogs  If the social workers "exceeded" anything this situation wouldn't have happened. Things do need to be changed and often times a lawsuit is the only way to make an agency take things seriously. Suing for $1 wouldn't really have the same effect as forcing them to pay a fine. "Hit em where it hurts" The investigation concluded that the state did not do enough to protect these children. I understand that its taxpayer money but I'd rather my taxes went to an agency that protects children and if this lawsuit helps them do so then so be it.
 @DT I don't think it's about the money in this case. I think it's about making changes. Thats what I honestly want to believe.
 @BlueJedi Just how big is the hole your head is in? Of course it is about money Anne Bremmer is a snake just waiting for another big payday as are the Cox family. Ever notice how the wife never gets to talk. Control much Charlie?
@BlueJedi It's always about the money unless you sue for a dollar.
@BlueJedi @DT I bet Anne Bremmer cares about the money!
Sure never seen this one coming!
 @cactivet Um, sarcasm, right?
I have to comment as my family has been affected by DSHS recently. My daughter gave birth in June & 2 days later, CPS came in, announced she'd tested positive for amphetamine & removed her baby to foster care. Here's the Kicker. She doesn't use drugs. However, during her pregnancy she had heartburn, so her OB-GYN prescribed a medicine similar to Prilosec & occasionally Tums. Didn't matter how much she told them she did not use drugs, it's CPS and they don't give a crap! 6 weeks later all tests came back and come to find out, the ingredients in heartburn medicines WILL GIVE YOU A POSITIVE READING FOR AMPHETAMINE'S & CPS WILL TAKE YOUR NEWBORN! Â I know this doesn't relate to the Terrible story of Susan Powell & her 2 beautiful little boys. (I won't mention the Murderer, just the family) but it felt good to get that off my chest and also to warn others about heartburn medicine during pregnancy. CPS WILL TAKE YOUR CHILD!!!!!!!!!!!!!
CPS has no authority to take children - only the police and courts have this authority. Why are you blaming CPS when it was the hospital that reported the mother tested positive (falsely). Good Grief, is DSHS really responsible for EVERYTHING?
 @poolwench proves my earlier point.  People whine about children being taken from families, and they whine about kids not being taken away.  Guess it depends on which side you're on when you deal with them.  Sorry, but meth is a huge problem up here... and if they don't remove the child, and the child dies from a meth mother, then everyone here would be screaming about how the child wasn't taken away. Â
"But the report also said that no one could have anticipated that Josh Powell would murder his two sons."
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WTF!? I read that the boys said mommy and daddy went for a walk and mommy didn't come back... doesn't that mean they were potential witnesses? Don't murderers usually try to get rid of witnesses?
 @This_again? Utah did NOT share that with the police here, until after the killings. Â
Gee, there's a surprise! I'm guessing the paperwork was written up & ready to be filed quite some time ago. They were just waiting for the results of this silly panel's review. I can't say as I blame them for this lawsuit, I'm just doubtful that it will really & truly make any difference in how cases are handled.
 @katiemcc NO it wont make a difference in how they handle the cases. CPS/DSHS/Judges do not learn from their mistakes. The priority is to keep the family together. THe hell with what in the best interest of the child.
@agatha it's actually only the court system that makes the priority to keep the family together. CPS only follows what the judges rule.