"Under-With-In-Cahoots": Another Story Of Quasi-Governmental Organizational Fraud In Child Welfare

A fan from the Bluegrass State of Kentucky tapped me on the shoulder to remind me just how jacked up child welfare in Kentucy was.

Like I actually forgot.

Anyway, for those who are not familiar, here is a bit of a backgrounder:

Kentucky Cash Cow Flips Off Inspector Generals

Now, that you are up to speed, allow me to continue with the story.

My Kentucky fan was awestruck when I made the declaration, again, that the Council On Accreditation which accredits child welfare organizations is under/with/in cahoots the U.S. Department of State.

State Department Takes First Step To Stop Human Trafficking & Child Welfare Fraud

Well, the "under/with/in cahoots" thing struck me with awe because I have previously heard of such a relationship.

It is called the Quasi-Governmental Organization.

I know of a Quasi-Governmental Organization called the Detroit Land Bank Authority.

It sucks just like the Council On Accreditation, which has a long and perverted history of covering up domestic and international human trafficking and child welfare fraud.

Then, guess what....

The Council On Accreditation is "under/with/in" cahoots with the same entity as the Detroit Land Bank Authority.

That "under/with/in cahoots" entity is called by many names, but is recognized as the Clinton Foundation and they are all up in Kentucky, just like Michigan, and a lot more states.

So, I continue to read the article, below, and when I get to the last paragraph, I figured it out.

The Quasi-Governmental Entity, defined by "The Elected Ones" of Kentucy, goes like this:

"Quasi-governmental entities (QGEs) are not defined in Kentucky statute, nor is there an agreed-upon definition from the relevant literature. This report adopts a 2011 Program Review definition that states quasi-governmental entities are created by governments to serve public interests but maintain a legally separate status. Board members often are appointed by government officials, and government officials may serve on a governing board. The board usually hires an executive officer who serves at the pleasure of the board.  

QGEs usually have a common vested interest with the state or local governments, such as local health departments’ concern for the general health of the local population. Special districts are considered QGEs for the previous Program Review report and this one because of their quasi-independent status and the typical characteristics of their boards. The US Census classifies special districts as special-purpose governments that “are established to provide only one or a limited number of designated functions” and that have “sufficient administrative and fiscal autonomy to qualify as independent governments.”  

 Kentucky is being infiltrated by the privatization scheme of the QGE/QGO and is funding political campaigns, on both sides of the aisle, to make sure the plan of complete governmental takeover is successfully executed.

As for Commissioner Adria Johnson, seen in the video, below, the jury is still out deciding if she is covering up, or just dumb as dirt.

I wager on the latter.

(UPDATE FROM MY KENTUCKY FAN: Audria Johnson was never qualified for her position. She was an cpa with the Brown Tobacco company and got in tight with Louisville Mayor Jerry Abramsom, who brought her to KY DCBS when he was lt Gov.

The pension is a billion dollars unfunded give or take a million . . . .strong Clinton ties to former AG Jack Conway and current Secretary of State Allison Grimes.

worse funded pension in the country.

Watching the video . . . is "accreditation" really code word for bribes to government entities to keep receiving money . . . and why be accredidated if other states are not?)

Guess who just so happens to be a private equity partner with Kentucky Chamber of Commerce?

KVC Behavioral Health, out of Kansas.

As for the reason why nothing has been done in Kentucky to improve its child welfare system, well, there is too much money to be grabbed "under/with/in cahoots" the privatized NGOs.

Conditions are dire within Kentucky's child welfare system. It was re-accredited anyway

Conditions are dire within Kentucky's child welfare agency, with caseloads soaring beyond acceptable national standards, according to a recent report by a legislative committee.

 Turnover is high among social workers, and their numbers have been outpaced by the surging number of children removed from homes because of abuse or neglect, said the report by the state Legislative Research Commission.

At least half the workers say their caseloads have become "unmanageable," and the agency doesn't have enough money to hire additional staff even as reports of child abuse and neglect have doubled in the past six years. Earlier this year, the federal government found Kentucky failed to meet any of the seven standards it uses to measure basic child protection efforts.

 But on Oct. 9, the state announced that the private Council on Accreditation had renewed the accreditation of the Kentucky Department for Community Based Services, the social service agency that includes child protection.

 That means that the department's "child and adult protective services and foster care and adoption meet the highest national standards and deliver the best quality services to the community," according to a press release from the Cabinet for Health and Family Services.

In a video the cabinet posted on its website announcing the results, Adria Johnson, commissioner of the department, said achieving accreditation for another two years is "a big deal."

"We are very, very proud," she said, "It means we are providing exemplary service to our consumers." 

 She added: "Congratulations, Kentucky!" 

 But others are skeptical, given the recent findings of a yearlong review of the cabinet's child protection system conducted for the legislature's Program Review and Investigation's Committee. 

The report, conducted by the Legislative Research Commission, was released at its Oct. 12 meeting. State Rep. Jim Wayne, a Louisville Democrat and licensed clinical social worker, said the accreditation gives a "false impression" given the extent of the state's long-running problems with its child protection system, which some advocates have described as a crisis. 

 "I can't believe if you've got that LRC report showing all that information, how overworked the staff is, how they could be accredited by any national body," Wayne said. "It makes you wonder if we don't need to inform the accrediting body ... so they see how deficient they are."

Richard Klarberg, president of the New York-based Council on Accreditation, did not immediately respond to a request for comment after asking a reporter to email questions to him. Cabinet spokesman Doug Hogan said the accreditation includes a broad survey of the department. 

 “The accreditation process looks at the whole child welfare and administration process to include items such as buildings, safety, training, ethics, personnel administration and other areas," he said. "We are extremely proud of the fact that Kentucky is one of only four states in the country to earn this distinction from the Council on Accreditation.” But the LRC report noted several instances in which Kentucky appears to be out of compliance with basic standards of the accreditation council, including:

 ► Caseloads. While the council recommends caseloads of no more than 15 cases per worker, Kentucky's numbers have consistently been higher, ranging from 25 to 32 cases per worker — also higher than the state's "target" of 18 cases per worker, the report said. It said that excessive caseloads twice this year triggered a mandatory report social service officials must make to the legislature and governor when average caseloads per worker reach more than 25 cases for 90 consecutive days. The department made such a report in January, when the average number of cases was 29, and again in May, when the average reached 32, the report said. 

 ► Home visits. Personal contact between social workers and children and families they serve is a priority of the accrediting council, but Kentucky was penalized for the past two years for failing to complete the required amount of monthly visits by workers to children in foster care, the report said. The federal government cut 1 percent of the money sent to Kentucky in 2015 and 2016, resulting in additional state costs of $57,926 each year, the report said. 

 ► Lack of workers. The accrediting council recommends enough staffing to keep caseloads at 15 per worker but Kentucky — with about 1,135 workers in December 2016 — has nowhere near enough staff, the report said. At the time, it had 108 vacant positions but even with those filled, the average caseload would be around 23. Meanwhile, demands are rising on social workers. About 8,500 children are in foster care, a 24 percent increase since 2011, while the number of workers increased only 7 percent during that time, the report said.

To get caseloads to 15 per worker, Kentucky would need to hire an additional 731 workers, bringing the workforce to 1,866, the report said. It also said the state needs to consider requesting enough money to hire more staff and increase compensation for social workers, who start at about $33,600 a year. 

 The legislative program review committee, which sought the report last year, has not acted on it. 

Though it received the report Oct. 12, the committee skipped any discussion of it, using the entire meeting to grill Attorney General Andy Beshear about a $24 million settlement reached with a drug company by his predecessor, Jack Conway. 

Some Republicans on the committee told Beshear, a Democrat, they thought the settlement was too low although Beshear told them repeatedly he had nothing to do with it. Rep. Lynn Bechler, committee co-chairman and a Marion Republican, said the report will be the first item on the agenda for the committee's next meeting Nov. 9. 

 Bechler said he's reviewed the report and found no surprises. Some of it mirrors issues he's heard about as a member of the House Adoption Work Group, appointed by Speaker Jeff Hoover to review obstacles to adoption and how to improve Kentucky's system to reduce the number of children in foster care. 

 Bechler, himself a former foster parent, said his impression is that the state's foster and adoption system isn't set up for the "best interests of the child" and believes that should be changed to cut the waiting time for children. 

 As for the report's call for more money for more social workers and better salaries, Bechler said he's not optimistic given the state's funding shortfall and the public pension crisis. 

 "That's probably a long shot," he said.

Kentucky Legislative Pension Report on Quasi Governmental Entities 2015 by Beverly Tran on Scribd

This looks like another project for the #DOJ.

 Voting is beautiful, be beautiful ~ vote.©

Kentucky Cash Cow Flips Off Inspector Generals

Ah Kentucky, the sweet home of blue grass and mint juleps, has a history of passing out drunk from the intoxicating milk of its cash cow on the front lawn of accountability and transparency when it comes to overhauling its Cabinet for Health and Family Services, Foster Care and Adoption Services.

Going back to 2005, Kentucky News WLWT did an investigation uncovering the first in a series of egregious transgressions in its child welfare system.

Anchor: Did the State of Kentucky approve an adoption despite allegations of abuse and neglect? Documents obtained exclusively by Target 5 show the answer is yes. Jesse Jones has more on this disturbing case.

Jesse Jones: It's all spelled out in a lawsuit against the state. It claims managers are putting money ahead of children's safety. And that the state had more than 1 million reasons to make troubled adoptions work. From the outside, this home looked almost perfect for an adoption.

Then in 2007 WLWT conducted another investigative report on systemic corruption in foster care and adoption within the state.

The report, released by Kentucky’s inspector general, revealed a culture where some caseworkers thrived on the power to control families. It claimed that some caseworkers lied to judges, falsified documents and ripped families apart all for their personal gain.

All the allegations were validated by the Kentucky Inspector General.

Kentucky Cabinet for Health and Family Services Inspector General Investigative Report 2007

The Kentucky OIG identified several issues with child protective services and made recommendations. The recommendations were never implemented. Also, within this document was that citizens were placed on the Kentucky abuse registry without notification.

Because this is such a cash cow for Kentucky, the state never acted on its own Office of Inspector General report. The Inspector General, Robert J. Benvenuti III, who signed it was so disgusted with the system that he resigned shortly after releasing it.

Also, not in the report were the files of children and adults are online called TWIST. TWIST is the state's reporting system for Adoption Foster Care Analysis and Reporting System (AFCARS), the federal database for child abuse and neglect. Thousands of employees within the state and even volunteers can look at the digital file of your "child abuse" case. Further there is no tracking of who looks at the file nor is there any validation system to verify the information in the records.

What this means is that, once again, false and suspect data are transmitted to generate child abuse propaganda to fabricate policies to continue feeding the state's child welfare cash cow the sweet bluegrass of public impudence as seen in this U.S. Department of Health and Human Services Office of Inspector General's report:

Kentucky Title IVE 2006

Kentucky flipped off another Inspector General, but it did not stop there. The state, while sucking on the teat of its revenue maximization scheme cash cow, went ahead and began submitting false claims under its Title IV-E training programs.

A Kentucky social worker filed a whistleblower lawsuit, reiterating and reifying the aforementioned Inspector Generals' findings. Since the state has no false claims act, the child welfare cash cow continues to get fat.

Kentucky is not limited to flipping off Inspector Generals as it is notorious for flipping off legislators and their constituents.

                                     Leave my cash cow milk alone!

Kentucky Governor Matt Bevin Sucks Funding From Child Welfare, Medicaid & Land Banks

Dan Dumas, former
Kentucky Adoption Czar

In May 2017, Kentucky Governor Matt Bevin appoints his personal friend, Dan Dumas as the new state "czar" of adoptions with a privatized, consulting contract of $240,000.

Gov. Matt Bevin has appointed an executive with Louisville's Southern Baptist Theological Seminary as his "adoption czar," awarding him a $240,000-a-year contract to lead reforms of Kentucky's child adoption and foster care system. 

The appointment of Daniel S. Dumas, a senior vice president with the Baptist seminary, professor of Christian ministry and an adoptive father of two, drew praise from Kentucky Youth Advocates, whose executive director, Terry Brooks, thanked Bevin for his "commitment to children and families" by creating the job. 

"This position carries real potential as a catalyst for change," Brooks said.
But Dumas' appointment is drawing fire from critics — because of the salary one lawmaker called "exorbitant" and his apparent lack of experience in child welfare. Some also worry that the seminary's unyielding stance that homosexuality is a sin could affect Dumas' attitude toward gay adults as prospective foster and adoptive parents.

What you see in that video is the face of evil bureaucrats; nothing more than well-dressed baby snatchers being outed for public display. ~ A fan.


I think it is quite bold to ask the public to help feed and clothe foster kids considering the

Where's the money? Bevin administration yet to give families court-ordered foster payments

It also upsets Kimberly Guffy, a Logan County woman who took in two young grandchildren and has been battling the cabinet over whether she's entitled to some assistance for the cost of their care. The cabinet has known for months it would have to pay some relatives for foster care, she said. 

"It's really disappointing that they don't have something ready to go," she said.
The proposed budget, if approved by the General Assembly, would take effect July 1. Cabinet Deputy Secretary Tim Feeley, who presented the budget to the committee, declined to say afterward whether the cabinet has any plans to start payments sooner. The budget proposes $11.3 million in fiscal year 2019 and $11.6 million the following year for "relative placement."

Kentucky actually spent a sizeable amount appealing to SCOTUS, and lost, yet Bevin continued to refuse to pay for relative placement.

Seven months later, Bevin "fires" Czar Dumas with a $60,000 severance as a contractor.

Then, it takes Bevin almost a month to hold a press conference to explain why.

The inherent conflicts of interest interwoven between the three branches of Kentucky government are nothing less than a privateering criminal organization where millions upon millions are syphoned off into the back pockets of these politicians, their campaigns and affiliated child welfare NGOs.

Bevin seems to have found quite a fortune in his companies, real estate and patents.

In the spirit of fuchsia...

Kentucky governor explains termination of 'adoption czar'

Kentucky's Republican governor said he terminated a $240,000 no-bid contract for a state "adoption czar" because it was not worth it to keep him on the job even though he praised his performance.

Now you know darn well there is more to this story, or possible campaign.

Gov. Matt Bevin hired Daniel S. Dumas as a special adviser last year, awarding him a contract to assess a state adoption and foster care system that has more than 8,500 children in out-of-home care and has consistently not met federal standards on preventing abuse and neglect.

I heard rumors that they were buddies.

Bevin announced the job during his 2017 State of the Commonwealth address and then hired Dumas in May for a one-year contract that was renewable for another two years.

But last month, the Bevin administration terminated Dumas' contract after just seven months on the job and, according to the agreement, paid him a $60,000 buyout.

"It seems outrageous, but at the same time this is the nature of these things," Bevin said of the buyout Monday. "We got from him what we needed and the value on a going forward point wasn't going to continue to be worth it."

The average Kentucky family income is about $45K a year.  That is a slap in the face of the people.

Bevin said Dumas met with every department within the Cabinet for Health and Family Services, asking questions about how they do things and why they do them that way. He also met with outside groups Bevin says the state wants to work with to improve its foster care and adoption system.

The question is: "Why would he hire someone who has to go around asking everyone what it is he is supposed to be doing?"

Dumas then reported that information to Bevin, who said he used it to help write his two-year spending proposal. That budget includes an additional $24 million to hire more social workers and to pay them more money. His budget also includes an additional $10.8 million for adoption and foster care programs, but Bevin has yet to specify how all of that money will be spent.

I have no problem increasing the pay of social workers, but with a pay increase should definitely come a direct correlation of expertise. 

As for the $10.8 million for the adoption and foster care programs, well, I am seeing something to the effect of privateering by pulling in their own buddies, with no experience, to take over the contracts and run the programs, because, you know, Dumas walked around asking everyone in administration how he could make some money, I mean, "help the kids". (wink).

I just think it is quite bold to put out a call to action to help feed and clothe children under the aegis of the state, when Bevin refuses to use the $10.8 million that is supposed to go to take care of foster care children.

"What he did was valuable," Bevin said. "But ... it is the responsibility of the administration and myself as governor to look at whether the cost benefit analysis continues to be worth it."

Cost-benefit of what?  Kentucky child welfare sucks and it even went to SCOTUS to get out of paying the approved relative placement funding, but the question is why?

Bevin and his wife adopted four children from Ethiopia nearly nine years ago after they said attempts to adopt from Kentucky's foster system failed. He said the experience was one of the reasons he decided to run for governor.

4 x $13.400 a year = $53,600 a year, in adoption tax credits, not including the tax exempt trust funds, if there are trust funds, but I am going out there to say that more than likely there are.

I wonder what State Department NGO he went through to adopt.

Republican state Rep. David Meade, who is also an adoptive parent, has sponsored a bill that would make sweeping changes to the state's adoption and foster care system. The Republican majority in the state House of Representatives has signaled the bill a priority, filing the legislation as House Bill 1.

Dumas is the second high-profile departure from the Bevin administration this year. Last week, Cabinet for Health and Family Services Secretary Vickie Yates Brown Glisson resigned to start a campaign for Congress in Kentucky's 3rd district. The cabinet is the state's largest agency with more than 7,500 employees and a $13.6 billion budget that includes state and federal money.

Bevin said Monday he has "no immediate plans" to appoint a permanent successor, naming Executive Cabinet Secretary Scott Brinkman as the acting head of the agency that will begin implementing the nation's first ever work requirements for Medicaid beneficiaries later this year.

The majority of people who are on Medicaid work, but this is focused on profiting from the disabled and families raising children.  The children will have to go into Medicaid funding care programs, even the disabled children where their primary caregiver is not disabled.

I wonder if cognisint can make better determinations on disabilities.

These programs will be layered upon layer with privatized administrations and services, which is why Dumas was walking around trying to figure out how to hand out more privatized contracts to his buddies.

"I've got outstanding folks who are doing the work," Bevin said. "While we are sorry to see her go, the cabinet is strong. Very strong."

Glisson hopes to challenge Democratic Rep. John Yarmuth, who represents the heavily Democratic city of Louisville. Bevin called Yarmuth a "bomb thrower" and said he "adds no value."

"If the people of Kentucky want somebody that will actually add value for us in Washington, they are going to have a better opportunity," he said.

Yarmuth spokeswoman Heather Dearing said Bevin can't take criticism and said that won't stop Yarmuth from challenging him.

"It's hard to imagine that his panicky press conference this morning did anything to reassure the majority of Kentucky families who oppose his Medicaid waiver," Dearing said.

Here is my solution to the opioid crisis:

1. Stop making people poor;
2. Stop stealing the children'
3. Stop stealing the land;

When all hope has been stolen by the people who have taken oaths of office to uphold the consitution, to protect and serve the people, desperation of self-medication, drug trafficking and the trafficking of tiny humans will always emerge.

Oh, and the manufacturers of Narcan will continue to make a pretty profit from Medicaid.

Always remember, create a crisis then offer a solution, billable to Medicaid.

http://dontletthemdie.com/

So, instead of keeping Dumas on payroll, just have high school kids do it.

Matt Bevin Sucks.

Kentucky Cash Cow Flips Off Inspector Generals

Voting is beautiful, be beautiful ~ vote.©

State Representative Tom Burch is a great man and the People of Kentucky should proud to have such a strong and good hearted man in the Legislature.

Someone correct me if I am wrong, but I suspect there was another reason why Governor Beshear ordered the release of the fatality records.

Can you say False Claims Act?

Gov. Steve Beshear orders child-abuse fatality records released

Gov. Steve Beshear speaks about the opening of records in child fatality cases during a news conference at the Capitol in Fankfort, Ky.

Lawmakers urge Steve Beshear to investigate Kentucky's child welfare lapses
The brutal death of Amy Dye: Kentucky social workers ignored months of abuse, records show
FRANKFORT, KY. — Gov. Steve Beshear announced Tuesday that he has ordered state officials to “immediately begin opening records” of child protection cases involving deaths or serious injuries from abuse, ostensibly ending his administration’s long-running legal battle to keep them secret.

“Transparency will be the new rule,” he said at a news conference.

But just after Beshear spoke, lawyers with the Cabinet for Health and Family Services filed a lengthy motion in Franklin Circuit Court arguing for further delay.

It also asks Judge Phillip Shepherd to sharply limit the information the cabinet must release and allow it to remove a significant amount of detail — restrictions that seem to contradict the governor’s pledge of openness.

Shepherd, who has ruled three times in the past 18 months that such records must be released under state law, has scheduled a hearing Wednesday on a request by The Courier-Journal and the Lexington Herald-Leader to compel the cabinet to release the material.

“I am astonished at what the governor has done,” said Jon Fleischaker, a lawyer who represents The Courier-Journal. “It’s a sham, in my judgment.”

Beshear spokeswoman Kerri Richardson released a brief statement late Tuesday saying that the cabinet’s motion seeks only to limit specific information that the governor also mentioned at his news conference — such as Social Security numbers and any other information protected by law.

“The cabinet will begin immediately to carry out the governor’s instructions for records release,” Richardson said.

Beshear said at the news conference that cabinet lawyers would detail plans for releasing the records at Wednesday’s court hearing. Meanwhile, he said, his administration will propose legislation in the 2012 General Assembly seeking to clarify what records must be released in cases of child deaths or serious injuries.

Rep. Tom Burch, D-Louisville, one of several lawmakers critical of the cabinet and Beshear over the secrecy surrounding child abuse deaths, said Tuesday he hoped the governor is sincere about disclosing information.

“I hope what he’s proposing is real transparency and not just putting something out there to cool things down for a while,” said Burch, the chairman of the House Health and Welfare Committee.

Beshear, in announcing his support for the release of the records, cited recent news reports about the death of Amy Dye, a 9-year-old Western Kentucky girl slain by her brother in the Todd County adoptive home where she was placed by the cabinet.

“Our children, especially our vulnerable children, deserve our protection,” Beshear said. “When our system fails to offer that protection, as it did in the case of Amy Dye’s tragic death, we must review our strategies to improve them.”

But the motion cabinet lawyers filed Tuesday would shield much of the information about Amy’s troubled life from public scrutiny. It asks that the cabinet be allowed to withhold information such as details of adoption, the names of siblings, foster care, the termination of parents’ rights and juvenile court records — all of which were elements of Amy’s case.

Records that Shepherd ordered released Nov. 7 in that case showed state social service officials ignored or dismissed as unfounded repeated reports by school officials of Amy’s suspected abuse. The cabinet had initially denied it had any records, then refused to disclose them, citing confidentiality, Shepherd’s order said.

As part of his order in the Dye case, he ordered her entire file placed in the court record, incuding her adoption records, reports of suspected abuse and the cabinet’s investigation after her Feb. 4 death.

The records show that after her mother’s rights were terminated in Washington state in 2004, Amy was placed with relatives and was in several foster homes before a great-aunt in Kentucky, Kimberly Dye, offered to adopt her. After the cabinet approved the adoption, Kimberly Dye took Amy into her home in 2006 as a foster child.

The adoption became final in 2007, qualifying Kimberly Dye for a $551-a-month adoption subsidy, the records show. Reports from school officials of Amy’s suspected abuse began within a month of her adoption, the records show.

The records also showed that Garrett Dye, 18, who admitted killing Amy by beating her with a jack handle, got in trouble as a juvenile for taking a gun to school and spent time in a state juvenile center for a drug violation.

And they showed that Kimberly Dye’s ex-husband, Christopher Dye, moved back into the home after the adoption and took a role in disciplining Amy, as well as Garrett and an older boy, even though the cabinet had found he abused Garrett in 2003 by beating him with a belt.

Beshear said Tuesday that he will order the cabinet to disclose most information — with some exceptions, such as Social Security numbers, victims’ names and the identities of people who report abuse. But the motion cabinet lawyers filed the same day appears far broader, arguing that the information should be limited to much less than what the newspapers are seeking.

“Such a wholesale release would run counter to long-established practice and would not further the court’s stated objective of protecting children and increasing scrutiny on the cabinet’s action,” the motion said.

It also said release of such records wouldn’t necessary show the public how well the cabinet carries out the job of protecting children from neglect and abuse.

“Without some knowledge of specific policies and practices of the child welfare system, other cabinet records regarding a child or a child’s family would not necessarily be instructive,” the motion said.

The newspapers first filed suit in 2009, seeking records in the case of a Wayne County toddler who died after drinking drain cleaner at an alleged methamphetamine lab in the home of his teenage parents. After Shepherd ruled in the newspapers’ favor, the cabinet released records of that case but has refused to release records of additional cases involving child deaths.

Shepherd ordered the records in the Dye case released this month after the Todd County Standard filed a separate lawsuit seeking them.

Beshear said he will propose legislation in 2012 to clarify what information the cabinet must release.
Under current law, child protection records are confidential with one exception. Kentucky law — in conformance with federal law — says the state may release such records in cases in which a child dies or is seriously injured from abuse and in which the cabinet had previous involvement with the family.

Fleischaker said that, under the state open records law, when agencies are allowed to release records they must do so, which was the basis for Shepherd’s three previous rulings.

Beshear said Kentucky law merely permits the release of records and that he would support legislation making it mandatory and spelling out which records must be released.

Fleischaker said that’s not necessary.

“Kentucky’s law in mandatory now,” he said.

Burch said he would support a new law only if it allowed “full disclosure” of the records. He said he expected any such bill likely would be assigned to his Health and Welfare Committee for a hearing.

Beshear also said Tuesday that he would support a law in 2012 creating an outside panel to review child deaths. Burch sponsored such a law in this year’s General Assembly, but it failed after several unfriendly amendments were attached.

Tuesday’s developments come amid growing criticism of the cabinet and the Beshear administration by outside officials, including lawmakers, advocates and, most recently, the Western Kentucky judge who sentenced Garrett Dye to 50 years in prison for Amy’s murder.

Todd Circuit Judge Tyler Gill castigated child welfare officials for failing to protect the girl despite repeated allegations of abuse in the home.

“It’s left us wondering how our own state government could have contributed to this by failing to protect Amy,’’ Gill said at the Nov. 23 hearing.

Terry Brooks, executive director of Kentucky Youth Advocates, called Beshear’s announcement an “important step” but said far more work is needed, including ways to better fund a social service system that has endured repeated rounds of budget cuts.

“No more children should die while Kentucky dances around this issue,” he said.

Sunshine in Kentucky

This is a comment I posted on the Kentucky.com about a bill to open family court records.

Beyond opening family court records to public scrutiny comes the destruction of the iron curtain sequestering the operations of child welfare. The arguments challenging transparency and accountability in these proceedings are without merit as other states are open. The true platform to those who wish to keep the public in the dark of what is actually happening in child welfare are those who wish to preserve the fraud, waste and abuse of public funding.

If the Attorney General MFCU remains asleep at the helm protecting the people, then someone must stand up. Rep. Burch has been the lone brave general in his battle to represent the people, and I am honored to know such a champion of accountability and transparency. Medicaid fraud is a ferocious, unchained beast in child welfare, devouring our economic security.

Kentucky State Representative Tom Burch should be honored for his historic role in bringing sunshine to, not just Kentucky, but the nation's child welfare system.

Sir, again, if there is anything I may do, I am at your humble service.

CONTACT REP. TOM BURCH
Mailing Address
Representative Tom Burch
4012 Lambert Avenue
Louisville, KY 40218

Telephone: (502) 454-4002

Email: tomburchrep@aol.com

Here are 49.1 million reasons to support sunshine legislation in Kentucky.
Kentucky Title IVE 2006

KY boy raped by pastor church had hired because God ‘forgave’ past sex crimes: police

Officials at a Kentucky church said this week that they knew their pastor was a registered violent sex offender when they hired him, and now he’s facing more charges for repeatedly raping a 14-year-old member of the congregation.

The Gallatin Police Department said in a statement this week that 46-year-old Pastor Roy Neal Yoakem had been arrested Monday on charges of aggravated statutory rape, sexual battery by an authority figure, statutory rape by an authority figure and fugitive from justice, The Tennesseanreported.

Yoakem is accused of sexually assaulting a 14-year-old boy once inside New Gospel Outreach Church in Scottsville, Kentucky, and once at his home in Gallatin, Tennessee.

The pastor had been required to register as a violent sex offender after being found guilty in 2005 of abusing an 8-year-old boy in Kentucky.

“If (a convicted sex offender) has a secondary address or if they spend a certain amount of time a month in the state, they have to register here,” a statement from Gallatin Police Department spokesperson Bill Storment explained. So, his primary residence is in Kentucky, but the Gallatin residence is considered his secondary address.”

New Gospel Outreach Church Interim Pastor Stephen Bratcher told WZTV that he was “shocked” to hear of the allegations, even though church leaders knew Yoakem was a registered sex offender when they hired him.

Bratcher asserted that the church had determined that the previous allegations of sexual assault were false.

“Kentucky State Police was contacted, Kentucky Attorney General’s Office was contacted,” Bratcher said. “You know, about the legality, and they — the troopers over at the Bolling Green post — said that they contacted the sex offenders branch, and they said there’s nothing illegal about it.”

He added that he was “not in a position to judge anyone.”

“We’re firm believers in the Bible so if God’s forgiven you, then we’re in no position to treat you otherwise,” Bratcher explained to WBKO last month.

Storment said that the Gallatin Police Department was investigating the possibility that more children were victimized.

“We are not aware of any additional victims at this time, but because of his position of authority in a church certainly if someone becomes aware or suspicious that their child might be a victim, then we need to talk to them,” Storment noted.

Yoakem was extradited to Sumner County Jail where he was being held on $250,000 bond.

Watch the video below from WZTV, broadcast July 8, 2014.

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Welcome Aboard the Kentucky Sunshine Ship, Minton

The Kentucky Courier Journal is reporting that there is another member who has joined the crew of the SS Kentucky Sunshine Ship.

Welcome, aboard, Minton!

Kentucky Supreme Court Chief Justice John Minton should not only be recognized for supporting Rep. Tom Burch's actions to open family courts, but he should be supported as a national advocate, empowering the people their right to accountability and transparency in governance.

Fraud, particularly Medicaid fraud, waste and abuse in child welfare is perniciously pervasive, growing at an alarming rate under the iron curtain of secrecy.

Any issue challenging the ability of public scrutiny should be considered as suspect, if not an ad hominem, invalid and fallible argument.

If there is nothing to hide, then remove the iron curtain.

The chief justice of Kentucky’s Supreme Court, John D. Minton, said he supports a pilot project to allow access to Kentucky’s now-secret family courts.

The project would require a change in state law and a similar effort failed two years ago. But some supporters of the measure, including Rep. Tom Burch, D-Louisville, believe it’s time to try again in the 2010 legislative session...read more

DOJ: Appalachian Regional Prescription Opioid (ARPO) Strike Force Takedown Results in Charges Against 60 Individuals, Including 53 Medical Professionals

Charges Involve Over 350 Thousand Prescriptions for Controlled Substances and Over 32 Million Pills; ARPO Strike Force Grows to 10 Districts, Expanding to Include the Western District of Virginia Attorney

General William P. Barr and Department of Health and Human Services (HHS) Secretary Alex M. Azar II, together with multiple law enforcement partners, today announced enforcement actions involving 60 charged defendants across 11 federal districts, including 31 doctors, seven pharmacists, eight nurse practitioners, and seven other licensed medical professionals, for their alleged participation in the illegal prescribing and distributing of opioids and other dangerous narcotics and for health care fraud schemes.  In addition, HHS announced today that since June 2018, it has excluded over 2,000 individuals from participation in Medicare, Medicaid and all other Federal health care programs, which includes more than 650 providers excluded for conduct related to opioid diversion and abuse.  Since July 2017, DEA has issued 31 immediate suspension orders, 129 orders to show cause, and received 1,386 surrenders for cause nationwide for violations of the Controlled Substances Act. 

“The opioid epidemic is the deadliest drug crisis in American history, and Appalachia has suffered the consequences more than perhaps any other region,” Attorney General William P. Barr said.  “But the Department of Justice is doing its part to help end this crisis.  One of the Department's most promising new initiatives is the Criminal Division's Appalachian Regional Prescription Opioid Strike Force, which began its work in December.  Just four months later, this team of federal agents and 14 prosecutors has charged 60 defendants for alleged crimes related to millions of prescription opioids.  I am grateful to the Criminal Division, their U.S. Attorney partners, and to the members of the strike force for this outstanding work that holds the promise of saving many lives in Appalachian communities.”

“Reducing the illicit supply of opioids is a crucial element of President Trump’s plan to end this public health crisis,” said HHS Secretary Alex Azar.  “It is also vital that Americans struggling with addiction have access to treatment and that patients who need pain treatment do not see their care disrupted, which is why federal and local public health authorities have coordinated to ensure these needs are met in the wake of this enforcement operation.  The Trump Administration’s law enforcement and public health leaders will continue to work hand in hand to end this crisis that has hit Appalachia hard and steals far too many lives across America every day.” 

Attorney General Barr and Secretary Azar were joined in the announcement by Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division; U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky; U.S. Attorney Russell M. Coleman for the Western District of Kentucky; U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio; U.S. Attorney William J. Powell for the Northern District of West Virginia; U.S. Attorney Michael B. Stuart for the Southern District of West Virginia; U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee; U.S. Attorney Don Cochran for the Middle District of Tennessee; U.S. Attorney D. Michael Dunavant for the Western District of Tennessee; U.S. Attorney Jay E. Town for the Northern District of Alabama; U.S. Attorney Thomas T. Cullen for the Western District of Virginia; Executive Assistant Director Amy Hess of the FBI’s Criminal, Cyber, Response, and Services Branch; Deputy Inspector General for Investigations Gary L. Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Assistant Administrator John J. Martin of the DEA Diversion Control Division, and Centers for Medicare and Medicaid Services (CMS) Deputy Administrator and Director of the Center for Program Integrity (CPI) Alec Alexander.

In addition to the cases announced today, Attorney General Barr and U.S. Attorney Thomas T. Cullen announced today that the ARPO Strike Force will expand into the Western District of Virginia, making it the tenth ARPO Strike Force district.  ARPO is a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for ten federal districts in six states, as well as law enforcement partners at the FBI, HHS Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA).  In addition, the operation includes the participation of the Tennessee Bureau of Investigation, multiple State Medicaid Fraud Control Units, and other federal and state agencies.  The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. 

The charges announced today involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a priority for the Department.  According to the CDC, approximately 130 Americans die every day of an opioid overdose.  

“Today’s takedown demonstrates the FBI’s unwavering commitment to working alongside our Strike Force partners, including the HHS-OIG and DEA, to fight the opioid epidemic and related criminal activity in the Appalachian region,” said FBI Executive Assistant Director Hess. “We will not stand by and allow the harmful and oftentimes deadly practice of over-prescribing highly addictive drugs to continue unchecked. The FBI will pursue medical personnel who misuse their positions of trust to blatantly disregard others’ very lives for their own financial gain.”

“The opioid crisis has had a devastating impact in the Appalachian region,” said Principal Deputy Inspector General Chiedi. “Addressing this public health issue and ensuring beneficiaries have continuity of care requires a collaborative approach with our federal, state, and local partners. Our commitment is resolute. We will continue working together to protect the health and well-being of all Americans and ending this terrible epidemic.”

“Opioid misuse and abuse is an insidious epidemic, created in large part, by the over-prescribing of potent opioids nationwide, and unfortunately, Appalachia is at the center,” said DEA Assistant Administrator Martin.  “Today’s announcement sends a clear message that investigations involving diversion of prescription drugs have been, and continue to be, a priority for DEA.”

“CMS CPI is proud to work very closely everyday with our law enforcement partners to stop the exploitation of vulnerable patients and misuse of taxpayer dollars,” said Deputy Administrator and Director of Center for Program Integrity Alexander. “Nowhere is this collaboration more important than in our fight against the opioid crisis in America. This is one of the President’s highest priorities and we are proud to be an important part of the largest prescription opioid enforcement effort ever undertaken. We will continue to work tirelessly through investigation, data coordination and administrative action to protect the health and wellbeing of all Americans.”

The ARPO Strike Force is made up of prosecutors and data analysts with the HCF Unit, prosecutors with the 10 U.S. Attorney’s Offices in the region, including the newly added Western District of Virginia, and special agents with the FBI, HHS-OIG and DEA.  The ARPO Strike Force operates out of two hubs based in the Cincinnati, Ohio/Northern Kentucky and Nashville, Tennessee, areas, supporting the 10 districts that make up the ARPO Strike Force region.  In addition, the APRO Strike Force works closely with other state and federal law enforcement agencies, including the Tennessee Bureau of Investigation, State Medicaid Fraud Control Units. 

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For the ARPO Strike force locations, in the Southern District of Ohio, six individuals, including two doctors and three registered pharmacists were charged with several counts, including unlawful distribution of controlled substances and conspiracy to obtain controlled substances by fraud.  In one case, a doctor who is alleged to have been at one time the highest prescriber of controlled substances in the state, and several pharmacists are charged with operating an alleged “pill mill” in Dayton, Ohio.  According to the indictment, between October 2015 and October 2017 alone, the pharmacy allegedly dispensed over 1.75 million pills.  These cases were brought with assistance from the FBI, DEA, and HHS-OIG, as well as the Ohio Attorney General's Office, Medicaid Fraud Control Unit; the Ohio Bureau of Workers' Compensation Ohio; the Ohio Board of Pharmacy and the Ohio Medical Board.

In the Western District of Kentucky, a doctor was charged with controlled substance and health care fraud counts in connection with providing pre-signed, blank prescriptions to office staff who then used them to prescribe controlled substances when he was out of the office, and for directing staff at the clinic, including individuals not licensed to practice medicine, to perform medical services on patients.  In another case, a doctor, a Florida compounding pharmacy and its owner were charged in connection with a scheme that involved the payment of alleged kickbacks in return for writing prescriptions for compounded drugs that included controlled substances, and for fraudulently inflating the costs for prescriptions that were billed for reimbursement by Medicare and TRICARE.  These cases were brought with assistance from the FBI, DEA, HHS-OIG, and the Defense Criminal Investigative Service, as well as the Kentucky State Police, the Louisville Metropolitan Police Department, the Kentucky Office of Inspector General, the Kentucky Department of Insurance, and the Kentucky Medicaid Fraud Control Unit.

In the Eastern District of Kentucky, a total of five people were charged, including three doctors, a dentist and an office assistant who were charged in connection with several health care fraud and/or controlled substance schemes.  In one case a doctor operating a clinic that focused on pain management allegedly provided pre-signed, blank prescriptions to office staff who then used them to prescribe controlled substances when he was out of the office.  In another case, a solo practitioner who operates a five-clinic family practice focusing on pain management allegedly billed Medicare for urine testing that was not done and for urine testing that was not medically necessary.  A dentist was charged for alleged conduct that included writing prescriptions for opioids that had no legitimate medical purpose and that were outside the usual course of professional practice, removing teeth unnecessarily, scheduling unnecessary follow-up appointments, and billing inappropriately for services.  In yet another case, a doctor was charged for allegedly prescribing opioids to Facebook friends who would come to his home to pick up prescriptions, and for signing prescriptions for other persons based on messenger requests to his office manager, who then allegedly delivered the signed prescriptions in exchange for cash. These cases were brought with assistance from the FBI, DEA, HHS-OIG, and the Kentucky Medicaid Fraud Control Unit.

In the Middle District of Tennessee, federal indictments were unsealed today charging nine Middle Tennessee medical professionals, including four doctors, four nurse practitioners and a pharmacist, with various charges alleging their participation in illegally prescribing and dispensing opioids and other dangerous narcotics and health care fraud schemes.  Two cases involve doctors who were previously sanctioned by the Tennessee Medical Board in connection with the overprescribing of opioids, one of whom was sanctioned for providing prescriptions to vulnerable patients, while the other allegedly prescribed opioid pills after serving a Board imposed term of probation.  Another case alleges that a doctor prescribed opioids and other controlled substances to at least four individuals.  In another case, an advanced practice registered nurse at a pain management clinic allegedly wrote prescriptions for opioids that had no legitimate medical purpose and that were outside the usual course of professional practice.  Separately, a pharmacist was charged for allegedly dispensing large amounts of opioids outside the usual scope of professional practice and for no legitimate medical purpose.  Finally, a podiatrist was charged with unlawful distribution of controlled substances.  In addition to assistance provided by the FBI, DEA, and HHS-OIG, these cases were brought in connection with assistance from the Tennessee Bureau of Investigation, Medicaid Fraud Control Unit; the 18th Judicial District Drug Task Force; the Sumner County District Attorney’s Office; and the District Attorney General for the 22nd Judicial District.

In the Eastern District of Tennessee, at total of eight individuals, including five doctors, a nurse practitioner, a physician’s assistant, and an office manager were charged in four cases.  Four doctors, a nurse practitioner and a physician’s assistant were charged with the unlawful distribution of opioids.  Two doctors were charged with health care fraud violations.  Three of these cases are related to alleged pill mill operations in the Eastern District of Tennessee. In addition to assistance provided by the FBI, DEA, and HHS-OIG, these cases were brought in connection with assistance from the Tennessee Bureau of Investigation, Medicaid Fraud Control Unit.

In the Western District of Tennessee, 15 individuals were charged, involving eight doctors and several other medical professionals.  In one case, a doctor who branded himself the “Rock Doc,” allegedly prescribed powerful and dangerous combinations of opioids and benzodiazepines, sometimes in exchange for sexual favors; over approximately three years, the doctor allegedly prescribed approximately 500,000 hydrocodone pills, 300,000 oxycodone pills, 1,500 fentanyl patches, and more than 600,000 benzodiazepine pills.  In another case, a nurse practitioner charged with conspiracy to unlawfully distribute controlled substances allegedly prescribed over  500,000 Hydrocodone pills, approximately 300,000 Oxycodone pills, and approximately 300,000 benzodiazepine pills (mostly Alprazolam), along with a myriad of other controlled substances.  In another case, a physician charged with controlled substances and health care fraud violations allegedly prescribed approximately 300,000 hydrocodone pills, 200,000 oxycodone pills, 2,500 fentanyl patches, and 180,000 benzodiazepine pills, and prescribed medically unnecessary durable medical equipment that was billed to Medicare.  Another doctor charged with controlled substances violations allegedly prescribed approximately 4.2 million opioid pills, sometimes in dangerous combinations with other drugs, such as benzodiazepines, and prescribed opioids to known addicts.  In addition to assistance provided by the FBI, DEA, and HHS-OIG, these cases were brought in connection with assistance from the Tennessee Bureau of Investigation, Medicaid Fraud Control Unit, the Tennessee Office of Inspector General, and the West Tennessee Drug Task Force (28th District).

In the Northern District of Alabama, multiple individuals were charged in five cases, including four doctors.  In one case, the owners and operators of a medical clinic and dispensary were charged with the unlawful distribution of controlled substances and health care fraud.  In that case, a doctor allegedly prescribed opioids in high dosages, dangerous combinations, and in many cases, after having knowledge that patients failed drug screens and were addicts, preferring cash payments and charging a “concierge fee” that ranged from approximately $50 per visit or $600 per year.  In another case, a doctor allegedly recruited prostitutes and other young women with whom he had sexual relationships to become patients at his clinic, while simultaneously allowing them and their associates to abuse illicit drugs at his house.  In yet another case, a doctor allegedly dispensed controlled substances and other prescription drugs directly from the clinic, and prescribed excessive quantities of controlled substances to the same patients several times per month resulting in as many as 15 pills per day for some patients.  In that case, the doctor also signed blank prescription forms to be completed by her staff when she was not at the clinic. 

In addition to assistance provided by the FBI, DEA, HHS-OIG, the Defense Criminal Investigative Service and the Food and Drug Administration, Office of Criminal Investigations, these cases were brought in connection with assistance from the Hoover Police Department, the Huntsville Police Department, the Huntsville Area HIDTA Drug Task Force Strategic Counter Drug Team, the Marshall County Drug Task Force, the Alabama Medicaid Fraud Control Unit, and the Madison County Sheriff’s Office. 

In the Northern District of West Virginia, a case was brought against an orthopedic surgeon who allegedly used fraudulent prescriptions to obtain tablets of acetaminophen-codeine for his own use. To obtain the pills, the surgeon allegedly wrote out prescriptions using his DEA number, and in the names of a relative even though the pills were for his own use, using a driver’s license that he had stolen from a colleague to obtain the pills from pharmacy.  This case was brought in connection with assistance from the DEA and HHS-OIG.

In the Southern District of West Virginia, a doctor was charged with allegedly distributing narcotics, including dextroamphetamine, methylphenidate, and amphetamine salt, to a patient who did not have a medical need for the drugs and whom the doctor never examined. This case was brought in connection with assistance from the DEA and HHS-OIG.

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In addition to the ARPO Strike Force districts, today’s enforcement actions include cases brought in the Eastern District of Pennsylvania and the Eastern District of Louisiana. 

In the Eastern District of Louisiana, a neurologist at an alleged pill mill was charged with conspiracy to dispense controlled substances and conspiracy to commit health care fraud.  The defendant allegedly pre-signed prescriptions for controlled substances, including oxycodone, for patients whom he did not personally examine to determine medical necessity for the prescriptions, and pre-signed prescriptions for controlled substances while he was travelling internationally.  The defendant allegedly knew that certain of these patients used their Medicare Part D and Medicaid benefits to pay for the medically unnecessary prescriptions. In addition to assistance provided by the FBI, DEA, HHS-OIG, these cases were brought in connection with assistance from the U.S. Departments of Veterans Affairs – Office of Investigations.

In the Eastern District of Pennsylvania, a former licensed practical nurse allegedly filled fraudulent prescriptions for oxycodone in her name and in the names of others at a local pharmacy in order to obtain the pills for herself and to distribute to others. In addition to assistance provided by the FBI, DEA, HHS-OIG, the Office of Personnel Management, the U.S. Marshalls Service, these cases were brought in connection with assistance from the Caln Township Police.

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For any patients impacted by the law enforcement operations, DOJ, DEA, HHS-OIG, HHS’ Substance Abuse and Mental Health Services Administration, Centers for Disease Control and Prevention, and all five State Departments of Health are deploying federal and state-level strategies to address patient harm and insure continuity of care.  Additional information regarding available treatment programs and where patients can turn for assistance is available as follows:

Alabama: The Alabama Department of Mental Health has a dedicated telephone number to connect those affected by the closure. The toll-free substance abuse number is 1-844-307-1760.   Information about substance abuse and opioids is available at the following websites:

http://www.alabamapublichealth.gov/pharmacy/opioid-and-heroin.html

https://mh.alabama.gov/understanding-the-opioid-crisis/

Kentucky: If you are in Kentucky and are suffering with addiction you can find help by calling 833-8KY-HELP or logging in at Findhelpnowky.org

Ohio: If you are seeking help in Ohio, please call the OhioMHAS patient helpline, at 1-877-275-6364

Tennessee: If you are seeking help in Tennessee:

• For a referral to addiction treatment services, call the Tennessee REDLINE: 800-889-9789.
   
• In a mental health crisis, call the Statewide Crisis Line: 855-CRISIS-1 (855-274-7471).
   
• For help accessing substance abuse or mental health services call the Tennessee Department of Mental Health and Substance Abuse Services Helpline: 800-560-5767 or 615-532-6700.  This line is staffed Monday-Friday, 8 a.m. - 4:30 p.m. CT.

West Virginia: If you are in West Virginia and are suffering with addiction you can find help by calling 1-844-HELP-4WV or logging in at https://HelpandHopeWV.org

For individuals seeking help in other states, please call 1-800-662-HELP

The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  The Medicare Fraud Strike Force, including the ARPO Strike Force, has charged more than 200 individuals with opioid-related crimes.

If you, a family member, friend or loved one believe you may be a victim in any of these cases or in connection with any charged defendant, please visit the following website for additional information:

https://www.justice.gov/criminal-vns/case/ARPO

Additional documents related to this announcement are available here:

https://www.justice.gov/opa/documents-and-resources-april-17-2019-press-conference

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