Key West The Newspaper - August 11, 2000

Rep. Sorensen To DCF: Fire Those Responsible For Nowatney Debacle, Apologize, Pay Parents!

VICE-CHAIRMAN OF LEGISLATURE'S CHILDREN & FAMILIES COMMITTEE CALLS CASE A "NIGHTMARE OF INCOMPETENCE"

KWTN Team Report

State Rep. Ken Sorensen has told the head of the State Dept. of Children & Families (DCF) that he wants the DCF employees responsible for the Nowatney "screw up" fired, that the the Nowatneys should receive an apology and that he wants the state to reimburse them for their legal expenses— more than $100,000.

Last September, the DCF and the State Attorney's Office falsely accused Nick and Carrie Nowatney of child abuse, took their two young children and held them for 200 days in three different foster homes. Last May when the case finally got to trial— because the Nowatneys refused to plead guilty— Judge Mark Jones threw it out of court without even hearing all the testimony.

Last June 5, Sorensen wrote a scathing letter to former Judge Kathleen Kearney, who heads the DCF statewide. In that letter, Sorensen told Kearney, "The DCF was wrong beyond any margin of reasonableness and continued to prosecute while trying to force the parents into submission for acts which never occurred."

Sorensen's letter should have gotten Kearney's attention. In addition to representing Monroe County in the State Legislature, Sorensen is the vice-chairman of the Children & Families Committee.

Here is the full text of Sorensen's letter:

"Dear Secretary Kearney:

"The recent decision by Chief Circuit Judge Jones to literally throw out the DCF case against the Nowatney family has brought out some startling facts for my constituents to face. The judge's abrupt end to the trial showed even "his contempt for the action the DCF had taken."

"They just did not have a case, and the result was 200 days of family torture and possibly a lifetime of scarred children.

"I came to you early in the process and expressed the concerns that I had after reviewing the family's fine record of citizenship. You shared my concerns and agreed to investigate. A short time later we spoke again and you said you had investigated this case and your people assured you there were more to it than was seen on the surface. Your investigators reassured you of what you passed on to me.

"The court case indicates clearly that you were grossly misled, and so were a lot of other people. That needs to be rectified immediately!

"It has been clear to me that you inherited a State division that was on the rocks, and I acknowledge that you have been working to clear it up with your reorganization. I have worked hard to give you the tools you need to accomplish that goal. We must have a reaction to this unbelievable scenario.

"Judgment is a terrible burden and responsibility. Just as your people must make `correct' judgments in `real' abuse cases, they must also never use arrogance of power to abuse families like the Nowatneys.

"This case was an abuse by government and your advisors failed, not only you but all of us, especially the children involved. They threatened the family not only with loss of their children, but with financial ruin and loss of respect. The DCF was wrong beyond any margin of reasonableness and continued to prosecute trying to force the parents into submission for acts which never occurred.

"I believe in responsibility. For more than 30 years, my career as an airline captain caused me to exercise judgment in fog, thunderstorms, foreign countries and landing in mountain passes during blizzards. I did not have the luxury of appealing a mistake. My job was the safety of those entrusted to me as your people are charged with making good judgments for the benefits of our citizens, including `all of the family.' In this case, the agency failed.

"This was a full-blown screw-up that even made the judge disgusted. It is obvious to me that some of your people used the arrogance of power and this cannot be tolerated. Those responsible must be purged from the DCF, and appropriate apologies and reimbursement to the Nowatneys for their nightmare at the hands of incompetence.

"Please advise what action you will take in this disaster. "

In response to Sorensen's letter, Secretary Kearney dispatched District DCF administrator Charles Auslander to meet with him.

"I reiterated what I wrote in my letter," Sorensen told Key West The Newspaper. "I sent Auslander back with this message: Fire those responsible for the Nowatney debacle, apologize to that family and make them whole again financially!"

Stay tuned.