Saturday, November 3, 2007

New York Times Censorship?

By now almost everyone has heard about the bizarre saga of renowned reporter Kurt Eichenwald and his New York Times front page rescue of teenage porn huckster Justin Berry. Oddly, over two years after it's debut, the story keeps circulating on the web and in the national news.

What isn't known about the Eichenwald-Berry saga is the curious juxtaposition with the Masha Allen story:

Consider the following statement:

“Viewing images of child porn is not essential when researching the issue," Eichenwald says. He described his research on Masha Allen, who he said at age 8 was adopted from a Russian orphanage by a pedophile, and whose repeated rapes were caught on film for four years. “Now, I haven’t seen any of them because they’re illegal. What I have seen are cropped versions, what I have seen are images where they have the images removed but you can see what’s happened,” he said.”


These “cropped versions” are rare and hard to find - there are maybe two or three on the internet. And it is far from obvious about “what’s happened” in the images. Even as Masha’s lawyer, I have not seen these images, other than those few which are publicly available online.

The time line surrounding Masha and Justin’s story raises many questions. Masha’s “cropped images” first appeared in the media on February 2, 2005 (in Canada only). Her story broke in the United States in late April 2005. After a brief but intense media frenzy the LA Times, in a major scoop engineered by Masha's mother, interviewed “the Disney World Girl” and featured her story on June 18, 2005.

The LA Times reporter, Maggie Farley, immediately moved to option Masha’s life rights. The Masha “story” – she is a much more compelling figure than Justin – quickly evaporated. Any of Eichenwald’s research into her life, including his careful consideration of her “cropped pictures,” became worthless. Not conicidentially, according to Eichenwald, Justin goes from “personal” interest to “major story” weeks later in early July 2005.

The next appearance of Masha on the media scene was December 2, 2005 when ABC Primetime aired a major interview of Masha. A worldwide media frenzy started within minutes of that show, including an eventual appearance on Oprah. Not surprisingly, Justin’s story was rushed into production in the NY Times less than two weeks later.

Is it no coincidence that the NYTimes carries no mention of Masha Allen? Not one word. Was the Masha story suppressed in order to promote Justin? Masha testified in Congress, just like Justin. In Masha’s case a major new federal law resulted. Not so for Justin. Still no word of Masha in the NYTimes even though Eichenwald himself admits that he was researching her story. Clearly they knew about her.

Is this all just a coincidence or perhaps more media favoritism (ie., suppressing the “real news” for sensationalist pseudo-news?) Many more questions, even fewer answers.

Monday, December 5, 2005

Masha's Story - The Reaction Continues

Disney World Girl



Disney World Girl, earlier known as Internet Girl or Internet Porn Girl, is the term originally used for a young girl named Masha who appeared in over 200 sexually explicit images, usually under the name "vicky," that circulated for several years among pedophiles on the Internet. Police feared she was still being abused in the manner depicted.



From Wikipedia, the free encyclopedia - read the full post here . . .



From Marly Greiner's EXCELLENT blog:



It's All About Me! A PAP Response to Masha

Masha Update

Masha Testifies Before Congress: "No one from any of the adoption agencies ever came to check on me"

Pound Pup's Demons in Adoption Awards

Ethics and Accountability Conference: Meet and Greet the Bloggers

From Desiriee and Usha Smolin's EXCELLENT blog:



Masha Allen Congressional Transcripts Available

From Mirah Riben's EXCELLENT blog:



CALL FOR ACTION: Help Masha Allen - Stop Additional Abuse!

From Baby Love Child's EXCELLENT blog:



Masha

From Law Professor David Smolin:

Child Laundering as Exploitation: Applying Anti-Trafficking Norms to Intercountry Adoption under the coming Hague Regime

Friday, December 2, 2005

Masha's Story Reaction

MASHA SPEAKS--THE ADOPTION INDUSTRY BUNKERS IN: "DISNEY WORLD GIRL" AND THE SHAME OF COMPLICITY



Holy Who's Your Daddy! Should we be surprised that the National Council for Adoption--or at least its member agencies and adoptocrat friends in high places--have spearheaded a campaign to censor the scheduled December 1 ABC Primetime feature on the Russian adoptee known as "Disney World Girl" who was grossly sexually abused by her "forever father"?



From The Daily Bastardette - read the full post here . . .



Wednesday, November 30, 2005

Masha’s Story

Tomorrow night an extraordinary and unprecedented story will air on ABC Primetime about my client, a Russian orphan girl who was adopted by an American pedophile.



When millionaire Matthew A. Mancuso adopted five year old Masha from a Russian orphanage, she had already lived a tragic life. Stabbed by her drunken mother at age three, Masha hoped for a better life in the United States. Instead she was sent to live near Pittsburgh with a pedophile who had a long history of abusing young girls. During the next five years, Mancuso sexually assaulted Masha almost daily while slowly starving her to keep her body thin and childlike. Some of the abuse was photographed, both at their home in Plum Borough and at Disney World. Mancuso traded many of these hard core images on the internet which is how the FBI caught him and rescued Masha.



The ABC Primetime report chronicles Masha’s adoption from a small industrial city in the south of Russia to her new home in the outskirts of Pittsburgh and questions many events that could have stopped the depraved abuse, including why no one from the adoption agency ever visited Masha in her new home and why Mancuso’s ex-wife and grown daughter were never interviewed about his past. The later could have exposed the claims of his biological daughter that she, too, was sexually abused as a child.



Masha, who was adopted by another family, says she is speaking out now at the age of 13 “because I think that it’s wrong what he did. And this is happening so often now. And a lot of times nobody ever tells anybody. Some kids just give up. And they don’t have any faith.”



Recently Mancuso was sentenced to a minimum of 35 years in prison on top of 15 years from a federal conviction. He could face more time in Florida, including the death penalty, for the crimes he committed in a Disney World hotel room.



During the past month there was an organized effort by the international adoption phalanx to silence this story, and to deny and cover up the actions of the agencies which facilitated this adoption and Masha’s abuse. These “Cowards in Adoption” despise the truth, dismiss the victim and defend their entrenched pecuniary interests. Tomorrow they will start answering, both in the court of public opinion and ultimately in a court of law, for their reprobate acts, careless omissions and willful ignorance.



Tomorrow night’s shocking account is simply the first chapter of Masha’s unimaginable story.



Thursday, November 10, 2005

Child Trafficking and International Adoption

Following the recent devastating earthquake, and concerned about the potential for child trafficking, Pakistan’s Prime Minister Shaukat Aziz ordered that all earthquake orphans be registered and taken into government care. None of them would be put up for adoption.



In a grotesque way, international child trafficking and international adoption seem to have much in common, but one is an evil disease and the other is a welcome cure. The legitimate international adoption system may, in rare instances, be the vehicle through which trafficking takes place. Despite our best efforts to safeguard the system, the child traffickers, like criminals everywhere, will use legitimate channels to accomplish their ends. Because they are sometimes successful, does this mean we should shut down international adoptions? Certainly not.



Child trafficking is an affront to any definition of human rights. According to UNICEF, approximately 1.2 million children are trafficked every year. The International Labor Organization believes that 12.3 million people are enslaved in forced labor, bonded labor, forced child labor, sexual servitude, and involuntary servitude at any given time.



A recent UNICEF report catalogs trafficking information from 53 African countries. It analyzes “the patterns, root causes, and existing national and regional policy responses and effective practices.” It concludes that trafficking occurs when “a child's protective environment collapses from such things as conflict, economic hardship, and discrimination.” These same explanations justify why international adoptions are so necessary!



When an unwanted child anywhere in the world is spared a devastating, neglected life, the well intentioned adoptive parents, no matter where they reside, are doing an act of great love and kindness. Let’s continue to do our part in helping legitimate adoptive parents and agencies provide a loving home to a lonely child.



Guest commentary by

Daniel Pollack, MSW, JD

Professor at Yeshiva University’s School of Social Work in NYC

Senior Fellow, Center for Adoption Research,

University of Massachusetts Medical School

Dan can be contacted at (212) 960-0836




Monday, October 17, 2005

Individual Liability of Social Work Supervisors

Supervisors are often named as defendants in lawsuits even though they have no direct involvement in the event itself. Individuals alleging discrimination or other wrongful behavior in the workplace frequently sue both the agency and their supervisors. Such allegations may be made because plaintiffs seek to impute the supervisors’ actions to the agency. Notwithstanding such allegations, claims may also be made against supervisors in their individual capacities.



Some state and federal laws prohibit plaintiffs from suing their supervisor in their individual capacity. In other circumstances, personal liability is a realistic result. For instance, there are numerous federal statutes barring discrimination and other wrongful actions against individuals in the employment context: the Americans with Disabilities Act of 1990 ("ADA"); Title VII of the Civil Rights Act of 1964 ("Title VII"); the Age Discrimination in Employment Act of 1967 ("ADEA"); the Fair Labor Standards Act of 1938 (the "FLSA"); and the Family Medical Leave Act of 1993 (the "FMLA").



Each state has similar legislation – and this just covers the area of employment discrimination! Other statues address defamation (slander and libel), intentional infliction of emotional distress, and intentional interference with contractual relations.



A number of federal and state courts have held that certain conduct will support claims against human services defendants in their individual capacity. However, they have struggled, and differ, over the exact parameters of the covered conduct. Still very much undecided is the nature of action or inaction which will form a basis for such liability. Some of these decisions have explored the exact reach of the statute, while others have merely decided the matter with little or no discussion.



Consequently, you should take appropriate steps to protect yourself from personal liability and to help your fellow supervisors in your agency do the same.



No matter how careful you are lawsuits can be brought against even the most vigilant supervisor. There are certain steps to avoid or limit your liability. Of prime importance is to understand the different kinds of claims that can be brought, and avoid behavior which may be fertile ground for filing a lawsuit. You don't have to spend thousands of dollars to take the following preventive measures:



1. Listen to your conscience. Be mindful of your own actions and those of your supervisees. Even if you are personally blameless in a moral sense, your oversight of what occurs around you and under your supervision may, at a future time, be alleged as the basis for your liability.



2. Adhere to your policies. Do you need clarifications or interpretations of your agency’s policies? Do you in fact have a policy manual? The failure to have written policies is an open invitation to the allegation that no policy existed or that the policy was different than you claim. You may need to approach your supervisor or counsel to confirm or even formulate written policy on important matters.



3. Stay updated. State and federal laws change daily. Policies that were legal or “best practice” one month may later subject you to claims of personal liability.



4. Consult with your supervisor, agency attorney, and colleagues. Doing so will confirm that you did not act in a unilateral, impulsive way.



5. Keep records. As a supervisor, you should keep written documentation pertaining to all major decisions and the reasons for those actions. In the event a lawsuit is initiated, it may not be resolved for years. Consequently, you may need to refer back to these records. Make sure your documents are detailed and complete.



6. Stay cool. If you are sued, immediately seek legal counsel. This person may not be the same as the counsel for the agency. Continue to communicate with your counsel after your initial contacts. Update your attorney on developments as they occur.



There are many potential defenses to individual liability. Among others, they include:



Contributory Negligence -- this is where you can show that the plaintiff was also negligent, and contributed to their own injury or damage.



Comparative Negligence -- this is when the court decides on a percentage split (say 60-40) in terms of who is negligent. This defense tends to mitigate, or reduce the size of the monetary award.



Assumption of Risk -- this is when the court decides that the plaintiff engaged in behaviors that assumed the risk of damages or injuries, and cannot expect to sue the human service agency to recover.



Good faith, Absolute or Qualified Immunity -- this is a defense covering duties of a discretionary nature.



In human services, the doctrine of individual liability is clearly expanding in some jurisdictions. It’s still an exclusive club, but you don’t want to become a member!



This commentary originally appeared in Policy & Practice,

(September, 2005), 63 (3), 26.



Guest commentary by

Daniel Pollack, MSW, JD

Professor at Yeshiva University’s School of Social Work in NYC and

Senior Fellow, Center for Adoption Research,

University of Massachusetts Medical School

Dan can be contacted at (212) 960-0836.



Monday, September 19, 2005

Lost in America

A young adopted Russian girl who appeared in a series of sexually explicit pictures taken at a Walt Disney World hotel was found and is now safe. Thirteen other Russian children adopted by American families over the past few years are not. They are dead. Though their numbers are small compared with the overall number of Russian Children adopted by Americans, the prevalence of their deaths within this sub-population of children, all due to child maltreatment by their adopted parent, is much higher than that for child abuse fatalities in the general American population.



The Russian government, outraged by these deaths, is considering taking strong measures, including closing down foreign adoptions. What makes this issue even more troublesome is that the fatalities befallen Russian children adopted by foreigners have overwhelmingly been at the hands of American adopters. From America’s viewpoint, these child abuse fatalities represent only about two of the 1400 annual child abuse fatalities occurring in the United States, and two out of more than 900,000 confirmed cases of child maltreatment occurring each year. From the Russian viewpoint, these are thirteen of approximately 43,000 children adopted by American parents since 1991.



What remains unknown is how many adopted Russian children experience non-fatal abuse or neglect by their American adopters each year. Russian officials estimate that 90% of children adopted by foreigners live happy lives with their adopted parents. Of the remaining 10%, most issues are resolved in time. But there is no real way to track data on the number of Russian adoptees experiencing child maltreatment as state child welfare information systems are unlikely to capture information necessary to make such an estimate.



In general, 643 times as many children are maltreated each year as die from maltreatment. However, it seems unlikely that as many as 1,300 of the approximately 6,000 adopted Russian children entering the United States each year would be maltreated. Still, one has no way of knowing.



On the Russian side, the government has made a considerable effort to curb abuses in the adoption system. Unlicensed and unaccredited agencies have been denied operation in Russia. Efforts are underway to limit the involvement of “facilitators,” persons acting independently in Russia to facilitate adoptions. Still, the foreign adoption of Russian children is a multi-million dollar industry, with a considerable amount of money spent on bribes given to Russian officials and others to aid the arrangement of adoptions.



On the American side, the United States has yet to fully implement the Hague convention. Among its provisions is a national accrediting body for adoption agencies handling foreign adoptions. This still has not happened. Nor has the U.S. State Department issued final regulations pertaining to international adoptions.



There are no national standards for homestudies or parent preparation. Parents in Arizona may adopt through an agency in Ohio, limiting the agency’s direct contact with the family and its ability to monitor and support the placement following the return of the parents and child from Russia.



The homestudy might have been conducted by a contracted individual with limited knowledge of the issues the family will face in adopting a Russian child. As a simple but poignant example one adoptive couple spoke no Russian. While in Russia they communicated with the child through an interpreter. It is unknown how they communicated once back in America.



Under the provisions of legislation passed in 2000, children adopted abroad become U.S. citizens as soon as they enter the country. The adoptions of Russian children are finalized in Russia. There may be limited direct contact between the adoptive family and the child prior to finalization of the adoption. Consequently, there is really no significant pre-finalization period between when the parents meet the child in Russia and when the adoption is finalized.



Under Russian rules, children are considered under their control for four years following their adoption and remain Russian citizens until they are eighteen. However, these rules have no legal meaning in the U.S. as adoptive families can easily ignore attempts to monitor the welfare of the child.



There are limited levers within the U.S. legal system for the State Department to control this situation. Child welfare is generally under the legislative authority of the states. Local police can easily refuse to provide the State Department with information about an incident involving an adopted Russian child.



The abuses in the inter-country adoption system between the U.S. and Russia are widely discussed. They involve outright misrepresentation of children’s medical histories, use of forged or fraudulent documents by prospective adopters, bribes, and U.S. agencies leaving critical mental health history and other relevant background information out of homestudies in order to improve chances of a “successful” adoption.



In the United States success may be defined as the couple receiving a child and the agency collecting a large fee. The incentives are powerful on both sides as millions of dollars are involved. If one estimates fees to average $30,000 then American adopters may have paid an estimated $1.29 billion since 1991 to adopt Russian children. With such money involved, it is easy to see how Russian families willing to adopt might be passed over for more “lucrative” arrangements.



Russian authorities are considering a number of changes ranging from required psychological testing for prospective adoptive parents to new required preparation programs. They may also place more stringent requirements on adoption agencies operating in Russia. It seems unlikely that psychological testing will reveal prospective adoptive parents likely to murder a child with any degree of accuracy. If so, such tests would already be in use. Further, such measures are likely to raise the costs parents now pay along with providing no additional benefit.



A standardized preparation program could produce benefits by educating parents as to the needs and characteristics of Russian children available for adoption. Though there is scant research evidence to support it, many in the U.S. believe that such programs have improved outcomes for families adopting special needs children.



But a disturbing reality remains. Nearly all the child abuse fatalities involving Russian children adopted by foreigners have occurred in the U.S. Romania shut down international adoption due to abuses in the system. Russia may do the same. This would be a tragedy for thousands of Russian children who will not be adopted domestically and currently have no realistic alternative for permanency.



The extent of abuses is not limited to actions within Russia. American adoption agencies, with so much money on the line, have also committed abuses. One can expect such when children are commoditized, a fact that should not be lost on the domestic child welfare system in the U.S.



It seems unlikely that the State Department will ever have the infrastructure necessary to adequately monitor international adoptions. It also seems unlikely that states will initiate greater control over international adoption agencies operating within the state and responsible for bringing children with significant special needs into the state who may place additional demands the state’s human service agencies.



Until someone in the U.S. stands up to face this issue, the future of some Russian children will become lost in America.



Guest Commentary by

Thomas Morton

President and CEO

Child Welfare Institute