A Lawyer who Believes that Parents Should Sue for the Murder of Their Children at the Hands of CPS

Posted On: February 7, 2010 by Christopher T. Hurley
Wrongful Death of Children in Foster Care
At Hurley, McKenna, & Mertz, we are well aware of the trauma that accompanies wrongful death of children in foster care, as we have both experience and success with such cases. A recent article in the University of La Verne Law Review authored by Daniel Pollack and Gary L. Popham, Jr. illustrates the severity of the cases involving wrongful death of foster children (Pollack and Popham, LaVerne Law Review, Vol 31:1). Please feel free to e-mail dpollack@yu.edu for a pdf copy of the article.

The U.S. Department of Health and Human Services reports that an estimated 1,460 children died from abuse or neglect during the fiscal year 2005. This shockingly large number is only the tip of the ice burg when it comes to foster care issues. However, it is difficult to generalize a problem such as wrongful death of foster children since state laws regarding who can bring suit and what damages may be sought vary from state to state. Furthermore, while the goal of foster care is to “provide a stable, nurturing, and non-institutionalized environment” for children who have been removed from their biological parents, the system of foster care has proven to be notoriously hard to monitor adequately. Sadly, sixty percent of children who enter foster care do so as a result of abuse or neglect from their biological parents. For some of these children, the abuse and neglect only continues.

Evelyn Pesante was the biological mother of four-year-old Angelica who was killed while in foster care. Ms. Pesante brought a wrongful death suit seeking damages for pain and suffering. Angelica and her half brothers were removed form Ms. Pesante’s care as a result of neglect and placed in foster homes. While in foster care, Angelica was severely injured by her foster parent’s thirteen-year-old, 180-pound son who tackled the four year old causing her to lacerate and rupture a liver. After receiving no medical care and essentially bleeding to death internally, Angelica became disoriented and fell down the stairs in the home, causing her death. This is only one case, but the article goes on do describe many other cases that are just as disheartening

About yvonnemason

Background:  The eldest of five children, Yvonne was born May 17, 1951 in Atlanta, Georgia. Raised in East Point, Georgia, she moved to Jackson County, Ga. until 2006 then moved to Port St. Lucie, Florida where she currently makes her home.  Licensed bounty hunter for the state of Georgia. Education:  After a 34 year absence, returned to college in 2004. Graduated with honors in Criminal Justice with an Associate’s degree from Lanier Technical College in 2006. Awards:  Nominated for the prestigious GOAL award in 2005 which encompasses all of the technical colleges. This award is based not only on excellence in academics but also leadership, positive attitude and the willingness to excel in one’s major. Affiliations:  Beta Sigma Phi Sorority  Member of The Florida Writer’s Association – Group Leader for St Lucie County The Dream:  Since learning to write at the age of five, Yvonne has wanted to be an author. She wrote her first novel Stan’s Story beginning in 1974 and completed it in 2006. Publication seemed impossible as rejections grew to 10 years. Determined, she continued adding to the story until her dream came true in 2006. The Inspiration:  Yvonne’s brother Stan has been her inspiration and hero in every facet of her life. He was stricken with Encephalitis at the tender age of nine months. He has defied every roadblock placed in his way and has been the driving force in every one of her accomplishments. He is the one who taught her never to give up The Author: Yvonne is currently the author of several novels, including:  Stan’s Story- the true story of her brother’s accomplishments, it has been compared to the style of Capote, and is currently being rewritten with new information for re-release.  Tangled Minds - a riveting story about a young girl’s bad decision and how it taints everyone’s life around her yet still manages to show that hope is always possible. This novel has been compared to the writing of Steinbeck and is currently being written as a screenplay. This novel will be re-released by Kerlak Publishing in 2009  Brilliant Insanity – released by Kerlak Publishing October 2008  Silent Scream – Released by Lulu.com October 2008- Slated to be made into a movie Yvonne’s Philosophy in Life - “Pay it Forward”: “In this life we all have been helped by others to attain our dreams and goals. We cannot pay it back but what we can do is ‘pay it forward’. It is a simple
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