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Saturday 17 auguSt 2019
Continued from Front "How is it possible that my
But instead the boy told a son was suffering these
counselor he was repeat- things?" the father said. "My
edly sexually molested by son is little and couldn't de-
other boys in the foster fend himself."
home. The families — some in the
A review of 38 legal claims U.S., others already de-
obtained by The Associat- ported to Central Ameri-
ed Press — some of which ca — are represented by
have never been made grassroots immigration clin-
public — shows taxpay- ics and nonprofit groups,
ers could be on the hook along with some of the
for more than $200 million country's most powerful
in damages from parents law firms. They're making
who said their children claims under the Federal
were harmed while in gov- Tort Claims Act as a pre-
ernment custody. cursor to filing lawsuits. The
The father and son are FTCA allows individuals who
among dozens of families suffer harm as a direct re-
— separated at the border sult of federal employees In this Aug. 7, 2019 image made from video, attorney Michelle Lapointe speaks with her client, a
as part of the Trump admin- to sue the government. Guatemalan immigrant, in Santa Ana, Calif.
istration's zero tolerance "It's the tip of the iceberg," Associated Press
policy — who are now pre- said Erik Walsh, an attorney
paring to sue the federal at Arnold & Porter, which for comment. es documents released by partment and Office for
government, including sev- has one of the world's lead- In a statement, Health and Congress earlier this year Refugee Resettlement.
eral who say their young ing pro bono programs. Human Services — the allege that children have "Child protection is our num-
children were sexually, The firm has so far filed 18 agency responsible for the suffered serious emotional ber one priority. If a con-
physically or emotionally claims on behalf of nine care of migrant children — trauma after being physi- cern is raised about child
abused in federally funded families, totaling $54 mil- said it does not respond to cally harmed or fondled by safety in a foster home, it is
foster care. lion, and Walsh says dozens pending litigation and that other children while in fos- investigated immediately.
With more than 3,000 mi- more are likely coming. it serves children in a com- ter care. Our staff are all mandated
grant children taken from The government has six passionate and organized Six of the claims for dam- reporters," the group said
their parents at the border months to settle FTCA manner through its Office ages involve children who in the statement. "Children
in recent years, many law- claims from the time they're of Refugee Resettlement. were in foster care. And are removed from a foster
suits are expected, poten- filed. After that, the claim- "The important work hap- one recent court filing re- home immediately when
tially totaling in the billions. ants are free to file federal pening in each of the fa- fers to a migrant child be- an allegation is raised and
Families who spoke to the lawsuits. cilities and programs in the ing abused in foster care. if necessary, a foster home
AP and FRONTLINE did so The departments of Justice ORR network around the The records released by would be suspended until
on the condition of ano- and Homeland Security — country — work ORR has Congress show the Office cleared following a thor-
nymity over fears about both named in claims — done successfully since of Refugee Resettlement ough investigation."
their families' safety. did not respond to requests 2003 — takes an experi- referred at least seven In one Cayuga home, a
enced team of compe- foster care allegations of foster parent found a little
tent, hardworking men and sexual abuse to the Justice girl being forced to touch
women dedicated to the Department in 2017 and another child's private
welfare of the children," 2018. Because some are parts and kiss her on the
HHS spokesman Mark We- anonymous to protect the lips, according to a memo
ber said. "We treat the chil- children's privacy, it's un- submitted as part of a fed-
dren in our care with dignity clear if some of the claims eral lawsuit related to fam-
and respect." are duplicates. ily separation.
Last year, the Office of Ref- Justice has not responded The girl was 3 when immi-
ugee Resettlement cared to repeated queries about gration officials took her
for nearly 50,000 children those cases from members from her father in March,
who crossed the border by of Congress. after they'd crossed the
themselves, as well as chil- Three of the four incidents border in Texas. As a result
dren who were separated involving physical harm of her trauma, the little girl
from their families under outlined in legal filings oc- began to regress in fos-
the zero tolerance policy. curred at Cayuga Centers ter care, having difficulty
The agency housed them in New York, the largest fos- eating, drinking and using
in foster programs, residen- ter care placement for mi- the toilet, according to
tial shelters and detention grant children, housing up her attorney. The girl was
camps around the country, to 900 babies and children sent back to Honduras on
sometimes making daily at a time. The kids are sup- Wednesday, a month after
placements of as many as posed to be placed with her father was deported.
500 new arrivals, from ba- Spanish-speaking families One Guatemalan mother
bies to teens. who are paid $1,000 per whose 5-year-old daughter
The allegations of abuse month per child. was placed in Cayuga last
and assaults in foster care In a statement on Friday, year says her little girl still
raise fresh questions about Cayuga Centers said it wakes up crying from what
the government's efforts takes the safety of children she endured at the foster
to place younger children in its care seriously and re- home.
with families in lieu of larger ports allegations of abuse "Now she's scared each
shelters and packed de- to the proper local, state time we go out or when she
tention facilities. and federal authorities, in- sees a police car or some-
The legal claims, a recent cluding the New York State one in uniform," said the
federal court filing and Office of Children Services, mother, who has filed a $6
Health and Human Servic- the New York Police De- million claim. q