Further research into fatal incidents in 2011 led us to the sad fact that we so far have two entries on the
victim list covering children who died while they were placed outside their home:
1) Roger Eugene Benson - a teenager in state care who fell down on a highway
2) Daniel Huerta - killed during transport while living in a state facility
Sources:----
1) Roger Eugene Benson
The life and death of a teenager in state careby Linda Thomas, My Northwest, July 22, 2011A new report from the Department of Social and Health Services summarizes a teenager's life and death in eight pages. After bouncing him through 22 foster homes, it concludes that caseworkers and foster parents should have had more information about the boy's history so they could have helped him.
Roger Eugene Benson was in state care when he left a group home in January, walked to a freeway overpass, jumped to I-5 below and died after being struck by a van. People who witnessed the suicide were horrified. People who didn't know what was going were angry by the traffic delays caused when the Interstate was shut down during the afternoon commute.
In calling the State Patrol that day, I found out the victim was 15 years old. That struck me because I have a 15-year-old daughter. This kid, the boy who killed himself on I-5 , was somebody's son.
What went wrong in his life?
Benson was born in December of 1995. His history with the state began when he was a toddler. His mother was investigated for abuse or neglect of her children, including Benson, six times. The last time CPS was called, in May of 1998, Benson was placed in protective custody. The boy and his siblings were placed in four foster homes within three years. The longest he was in any one home was two years.
The Yakama Tribal Court tried to get services for the family, but the state says Benson's parents "failed to consistently access identified services" that might have helped them.
In 2001, Benson's mother committed suicide. A few years later his father was sent to prison. After that he was placed in a Yakama Nation foster home for over three years. That stable environment changed in September of 2004 when his foster father died. At that point, the foster mom asked that Benson and his siblings be placed somewhere else. Where would Benson go?
Between September of 2004 and June of 2009 he had 13 different places to stay. The state report says he "struggled significantly in new homes." The solution seemed to be sending him to live at Northwest Idaho Children's Home, with the hope that he'd get close supervision and help dealing with a young lifetime of behavioral problems.
He was involved with at least two assaults, and in November of 2010 he was sent to the Nez Perce Juvenile Detention facility. The state admits this was a "complex" case and Benson needed more help. While on waiting list to receive help at a psychiatric hospital, he was sent to a temporary care facility in Lynnwood, the Cyprus House, which is an unlocked, staffed facility. When Benson was sent to there, he was told he would be going to a mental hospital at some point.
He had a different plan.
On January 21, 2011 he left the group home at 1:45 p.m. and law enforcement was immediately notified. Fifteen minutes later he was on an I-5 overpass. A witness, who was also walking on the overpass, told investigators it looked like the 15 year old kneeled down momentarily. At 2:06 in the afternoon he jumped to his death.
This boy didn't have a chance.
Benson was in state care most of his life. What could the state have done differently? Eleven people reviewed the case and concluded that caseworkers didn't consistently convey information about the boy's history to all of those involved with his care over the years. It recommends more training for care providers who deal with youth who have behavioral issues. It also suggests more supervision when young people are placed in facilities outside their home communities.
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2) Daniel Huerta
Daniel Huerta Killed in Car Accident Near Naples, FloridaBy Brian Y. Silber, Florida Injury Attorneys Blog, December 19, 2011Daniel Huerta, 17, was killed in a car accident near Naples, Florida two weeks ago. The driver of the vehicle, Johnson Atilard, was also killed when he lost control of their SUV, crashed into a road sign, and plunged into a canal. Fortunately, the six other youths in the vehicle were treated for non-life threatening injuries.
Sadly, not only does this case concern the death of a young person, but these youths were members of the Big Cypress Wilderness Institute, which is a 35-bed residential program for at-risk boys ages 14 to 18. This program is funded by the State of Florida and operated through the court system and Department of Juvenile Justice. In essence, it exists to help at-risk boys get on the right track.
Given my perspective as an injury lawyer, I think Johnson Atilard's terrible driving history makes this case one that will result in a substantial recovery for Daniel Huerta's family.
Get this: Atilard's driving record was so bad that the director of Big Cypress Wilderness Institute wrote a memo to him instructing him not to drive any of the company's vehicles and not transport any of its delinquent youth in his personal vehicle.
The memo went on to state that Big Cypress' insurance would not cover Atilard in the event of an accident. It further stated that "Failure to abide by these restrictions places AMIkids Big Cypress in a position of great liability."
However, in his memo, the director also advised Atilard that he may be able to regain his driving privileges when one of his past driving citations lapses beyond a three year monitoring period in August 2011.
As an injury attorney, I find that last part utterly remarkable. Rather than being concerned with a three year monitoring window, the director should have been more focused on finding a safe driver for the program's kids.
Professional drivers are abundant, especially in today's poor economy. There was absolutely no reason to sacrifice safety by permitting a driver with a questionable record to continue his employment.
The people who drive our children should have impeccable records. Not merely acceptable ones.
For this reason, I personally believe Big Cypress acted with negligence and they should be held accountable.
To have a successful injury case, an injury lawyer must be able to identify three key elements.
First, the underlying client must have sustained a quantifiable injury. Clearly, no injury is worse than the loss of life. Second, there must be sufficient evidence to prove the defendant is responsible for the damages/injuries. Third, the defendant must be collectible.
In this case, it is clear that Daniel Huerta's death satisfies the injury element. When it comes to proving responsibility, it is clear that Big Cypress knew that Atilard had no business transporting children. However, it is still unknown whether Big Cypress will self-insure, whether the State of Florida may be required to pay their damages since this is a state run program through the Department of Juvenile Justice or if a private insurance company may be held accountable for payments.
In any event, Daniel Huerta's family needs to hire an injury attorney as soon as possible. Handling this case professionally and with skill is necessary from the very beginning if they hope to obtain the justice that they deserve.
In my personal opinion, this is an accident that could have been prevented. Programs like these should only allow drivers with impeccable records to transport our children.
