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CPS Checklist for Discovery

(While this applies primarily to California Child Welfare Agencies, it can be applicable to Child Welfare Agencies in the counties of other states as well.)

TASA ID: 1220

If you have not had a great deal of experience in litigation against county child welfare agencies, then there are some things which are helpful to know up front.  Like most people being sued, CPS agencies don’t like it.  They see themselves as “on the side of the angels” for children being abused and neglected and as proponents for strengthening families.  And indeed, the vast majority of the time, they are.  However, owing to a number of factors, including caseloads, insufficient staffing, divergent levels of skills, personal bias, ill-serving mindsets, and lack of resources; to name a few, mistakes will occur.  Sometimes in my experience, they are unintended. They may not be deliberate owing to the press of work that rushes a judgment or fails to look at all the details, including exculpatory evidence. 

Part IV: Bullying, Harassment, Teasing & Hazing

Lawrence J. Fennelly CPOI, CSSM and Marianna Perry, CPP, CPOI

TASA ID: 10544

"Barbara Coloroso (2003), on page 13 in her book, The Bully, The Bullied and the Bystander, defines bullying as:

 "a conscious, willful, and deliberate hostile activity intended to harm, induce fear through the threat of further aggression, and create terror."  

Coloroso contends that four elements characterize all bullies, no matter what sex, age or job title: 

(1) an imbalance of power, in which the bully is bigger, stronger or more favorably situated than the victim; 

(2) the bully has an intent to harm, knowing he or she will inflict emotional or physical pain, and revels in the fact;  

(3) a threat of further aggression exists, in which the bully and victim both know that this act of aggression will not be the last; and 

(4) terror persists-the extreme, continuing agitation of the victim. 

The essence of bullying, according to Coloroso, is not anger but contempt. The bully sees the bullied as not worth respect or empathy.  The bully is consummately arrogant."   


Child Welfare – Why Social Work Doesn’t

TASA ID: 1220

In my experience, both while working child welfare and as an expert witness in litigation seeking redress for actions by county CPS agencies, the reasons as to how these things happen fall into one or more of the following:

  • CPS agencies fail to understand and or provide adequate and comprehensive oversight for compliance by their workers with the very codes, laws and regulations which define and direct their actions.

In Loco Parentis Litigation: The Hot Stock du Jour

TASA ID: 1646

What should school administrators immediately begin to do to protect their school districts’ treasuries from being drained dry by negligence lawsuits? Let’s take a page out of New York Mayor Michael R. Bloomberg’s "book." Mayor Bloomberg has put the New York City schools on notice by announcing his objective to ferret out and punish disruptive students in the public schools, particularly those in schools with high rates of criminal violence (in previous years thought of as normal), and hold the principals more accountable for reducing disciplinary problems within their schools. My advice is that school administrators should structure their discipline policies along Mayor Bloomberg’s "safety first" principles. 

How Can Implantable Cardiac Devices Be Made Even Safer To Use On AF/HF Patients?

Posted with permission

TASA ID: 15617

This article was posted with permission.

The number of individuals using these devices are living longer lives and enjoy a higher quality of life after receiving these life-saving implantable cardiac devices. Unfortunately, there are still several factors which can cause these devices to fail and not deliver the therapy to these patients as they are designed for. Some of these may include cardiac pacemaker lead failures 4, ICD lead failures 5 , pulse generator failures 6, interactions with electronic article surveillance (EAS) systems 7 , Cybersecurity Vulnerabilities 8, infection, and others which can potentially affect the proper functioning of these implantable cardiac devices.

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