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Sacramento CPS report in child death was altered

Published: Monday, Aug. 11, 2008 - 3:19 pm | Page 1A

She finally made contact when the mother called her June 23, according to one early version of the case file that was not released by CPS. The social worker went to see the family the next day, and Jahmaurae told her that the bruise on his chest had come from a fight with his 3-year-old brother. He "denied being hit by anyone else," it said.

Initially, the social worker filed a report that the allegation of abuse was "unfounded," sources said.

In CPS jargon, "unfounded" means the report is determined not to be true, according to agency literature.

But a subsequent report on the case obtained by The Bee – also not the one ultimately released by CPS – does not reflect that finding. Instead, that version reads:

"The allegation in regard to physical abuse was assessed by this reporter with a case disposition of inconclusive. This was evidenced by lack of disclosure from the minor that the mother's boyfriend had hit him. Also, the minor's (sic) were observed jumping off furniture and throwing things at each other."

"Inconclusive" means there isn't enough information to know either way, according to a CPS pamphlet.

The documents CPS eventually provided The Bee under the new law do not contain either the "unfounded" or "inconclusive" findings. Instead, those documents say: "Effective 7/21/08" – the day Jahmaurae died – "a review of this case has deemed the conclusion to be substantiated."

That finding means there is credible information to believe child abuse or neglect did occur, CPS materials show.

Had the doctor's abuse allegation been deemed "substantiated" a month earlier, it would have set off a more detailed investigation that could have led to Jahmaurae being removed from the home. As it was, it appears CPS had no contact with the family after the social worker's June 24 visit.

Altering record criminal offense

The documents CPS provided also differ from an earlier version of the case file in other ways.

An entire passage in the document provided by a source does not appear in the documents released by CPS.

That passage, dated June 23, 2008, discusses what happened when the social worker finally heard from Jahmaurae's mother:

"The mother stated she was afraid that this social worker was trying to take her children. The mother stated she is new here from the Bay Area.

"This social worker told her that I have to see her and the children and do an assessment and then we would talk further. This social worker told her not to be concerned about the article in The Bee Sunday (sic) CPS is supportive of families."

That was a reference to an investigative series on CPS that began in The Bee that day.

William Grimm, a senior attorney at the Oakland-based National Center for Youth Law, said he was deeply disturbed by the initial "unfounded" report on Jahmaurae.

"If a physician sees a fist-sized bruise on a 4-year-old, the red flag automatically goes up," he said. "I just don't understand how any reasonable person could make a judgment other than 'substantiated' – period."

Jahmaurae was the seventh child to die since September whose family had had previous contact with CPS.

The suspect in the case is 26-year-old Jonathan Lamar Perry, a 6-foot-4-inch, 250-pound man who was in the apartment with Jahmaurae and the boy's 18-month-old sister.

Perry is charged with murder and child endangerment. He is being held in the Sacramento County jail and has yet to enter a plea.

Robert Wilson, executive director of Sacramento Child Advocates, said Friday he "would sure be interested to see how CPS explains" the different versions of the case file. His office, whose attorneys represent children in dependency court, received the same version from CPS that The Bee was given this week.

Fellmeth, a former prosecutor, said the California government code makes it a criminal offense to alter a public record – even if that record won't be given to the public. "You're not supposed to be altering, period," he said.

The proper way to make changes in public documents is to "overlay, or add the correction – not subtract or erase or alter."

"You don't create a new reality," he said.


Call The Bee's Marjie Lundstrom, (916) 321-1055. Bee researcher Sheila A. Kern contributed to this report.


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