{600 301 Bivd, West ‘Suite 202 Bradenton, FL 34205 ‘Telephone (941) 747-3011 THRU: FROM: DATE: SUBJECT: ACCUSED: COMPLAINANT: INVESTIGATOR: INITIATED ON: COMPLETED ON: ALLEGATION: FINDING: a. Sherr MANATEE COUNTY, FLORIDA Fex Number Professional Standards (941) 744.371: SHERIFF W. B. STEUBE COLONEL CHARLES WELLS CHIEF INSPECTOR BRIAN SCHNERING PROFESSIONAL STANDARDS INSPECTOR SERGEANT MARK MORIE, PROFESSIONAL STANDARDS FEBRUARY 15, 2016 SUMMARY AND CONCLUSION OF PROFESSIONAL STANDARDS INVESTIGATION # 2015-10057 CPI TROY SIMON CPSS LINDA YOUNG PSS STEPHANIE METCALF-CLARK IN HOUSE INSPECTOR SERGEANT MARK MORIE PROFESSIONAL STANDARDS NOVEMBER 23, 2015 FEBRUARY 15, 2016 NEGLECT OF DUTY1013 12.3.1 SUSTAINEDMANATEE COUNTY 1A 2015-10057 SHERIFF’S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark SYNOPSIS tis alleged that during a child abuse investigation, CPI Troy Simon did not properly arrange placement for the child victim. When conferring with Children’s Legal Services (CLS) he was advised to arrange alternate placement pending a CPT exam. When the plans for the original Placement fell through, it is alleged that Simon failed to follow up with CLS to update them on the failure in placement and that the child would be staying with the mother. It is further alleged that at the conclusion of the report, CPI Simon erroneously classified the findings of abuse as “not substantiated” despite the CPT expert, Doctor Isaac's findings that the child’s injuries were consistent with abuse. Itis alleged that the on call CPS Supervisor, Stephanie Metcalf-Clark was contacted by CPI Simon and informed that due to the placement failure, the child would be remaining with the mother and Metcalf-Clark failed to ensure that CLS ‘was contacted about the failure in placement, Finally, itis alleged that CPSS Linda Young approved CPI Simon’s report Concluding that the allegations of abuse were “not substantiated” despite theMANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark conflicting findings from Dr. Isaac stating that the abuse was substantiated based on his examination of the child’s injuries.MANATEE COUNTY 1A 2015-10057 SHERIFFS OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark INVESTIGATION On November 23, 2015 I received and reviewed the three Allegation of Employee Misconduct Forms, MCSO Form 87-08 for this complaint. These forms were made part of the case file (EXHIBIT A) On December 1, 2015 I received and reviewed the report generated by the Critical Incident Rapid Response Team (CIRRT). This report documented and critiqued the investigations into the multiple abuse allegations against Keishanna Thomas between the years of 2000 to 2015. Of note, on page 4 of the report the CIRRT opines the following stating “There is a role confusion regarding the determination of when a child should be removed Jrom his/her home. Instead of the Child Protective Investigator making the decision based on the safety assessment ‘of the child, Children’s Legal Services (CLS) is contacted to determine if there is probable cause to remove the child,” Later in the report, on page 11 the CIRRT report states “Children’s Legal Services in Manatee County is the decision-maker in determining if there is probable causeMANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark 40 remove children from their parents or legal custodians,” “In Manatee County, when a child protective investigator is seeking to remove a child, the investigator contacts Children's Legal Services to get permission. After Children's Legal Services determines there is probable cause to remove a child, the child protective investigator submits paperwork to CLS providing information about the child, family and investigation, The following entry was also made into the CIRRT report detailing the opinion of the team that there were improper actions taken in the March 2014 case in which CPI Simon investigated allegations that Ms. Thomas abused her son dg when striking him with an electrical cord; “In March 2014, Ms. Thomas was alleged to have physically abused. MR vith an extension cord. After conducting interviews, the investigator contacted the on- call Children’s Legal Services (CLS) attorney to seek shelter ofdgjggmpeftom his mother. The on-call attorney requested the investigator, find ao a safe place to stay for the night and complete a Child Protection Team (CPT) interview prior to determining whether there was probable cause to remove the child from his mother. The four other children in the home were not addressed. during the callMANATEE COUNTY 1A 2015-10057 ‘SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark with CLS. The following day, the disclosure by. (QEEB Was supported by the CPT Physician's conclusions that @@@ had scars and injuries consistent with being hit with an extension cord on more than one occasion, Although aware of the CPT verified findings the child protective investigator did not consult with CLS to move forward with shelter or any other legal dependency action. The child, | protective investigation was closed without verifying the physical abuse allegation, and the case was referred to voluntary protective services. In June when Ms. Thomas began to decline services, a request to staff the case with CLS was made and at this time a director with the MCSO concluded the physical abuse allegation in the March 2014 child protective investigation should have been verified.” With regard to CPI Simon’s initial visit to investigate qjimmige child abuse allegation, the CIRRT report offered the following observation of the manner in which CPI Simon handled alternate placement due to the allegations; “In March 2014, a MCSO child protective investigator contacted Children’s Legal Services at midnight seeking probable cause to sheltergggijgm due to physical abuse, The on- call attorney requested the investigator find (QP « safe place to stay for the night and complete a CPT interview prior to determining probable cause to shelter him. No form requesting legal action was completed and the investigator never 5MANATEE COUNTY 1A 2015-10057 SHERIFF’S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark Jollowed up with the attorney even after the results of the CPT interview and Physical examination verified physical abuse had occurred. Not only was it inappropriate for CLS to advise the child protective investigator to find a safe placement until CPT could be involved, the placement was not appropriately assessed for child safety by the child protective investigator.” A copy of the CIRRT report was made part of this case (EXHIBIT B) On December 3, 2015 the FSEN report containing the entries for CPS casei 2014- 072186-01 was received and reviewed. Of note, the FSEN report is authored by CPI Simon and documents the initial vist to the leasing office at the Villages of Cortez and notes the visit is occurring with BPD Officer Hogan and BPD Detective Beckley. Simon documented in the initial entry that they met ggg who was alleging his mother hit him with an extension cord, Simon noted in the entry that “Child showed CPI welts on his arm” and “He stated that his mom uses a closed Jist to puch (sic) him in the chest. The child stated that he is not afraid of his ‘mother and he feel (sic) safe in the house.” Simon continued stating in the report “He stated he has been hit several times with the extension cord but had never hadMANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark any bruising. He stated that his mom hit him four times, once in the arm and three on the butt.” “The child was observed with a raised welt on his arm while at the leasing office. The child stayed behind while CPI and LE went to the home to talk ‘0 the mother who had attempted to report the child as a runaway.” The next entry into the FSFN report documented CPI ‘Simon’s visit and interview to the Thomas residence located at 448 51* Street West Apartment 102. It is noted that this visit was conducted with Officer Hogan and Detective Beckley. Simon noted that he made contact with Kieshanna Thomas and that she stated to him that she grabbed @4INNIN arm to keep him from leaving the house and that she denied spanking (MMB with an extension cord. Simon noted that Ms, Thomas stated to hhim that she does discipline jqpby spanking him on the butt and when asked she Could not explain the welts that were on Jabari at the time of his interview. Simon noted that he spoke to the other children in the apartment, Iu tga aquias and that he observed aa. an infant who is nonverbal. The next entry into FSFN by CPI Simon and documented his call to Children’s Legal Services. The entry states “TCT Pauline BlacK/CLS. CPI. consulted with Atty Black in reference to the marks on the child. She asked if there was anyMANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS. CPSS Linda Young CPSS Stephanie Metcalf-Clark bruising, if there is anyone that the child can stay with pending a CPT. She asked about the location of the marks and if there were. father’s involved. She was advised of the two welts on the arm and Crime Scene taking photos taking the Photos of the butt. She was advised that there is @ grandmother that can take custody of the child pending the CPT. She advised that we have to work the case, et information on the father's and see if the child can stay with relatives.” The next entry to the FSEN report by CPI Simon documented a conversation with Detective Beckley who Simon stated advised “that the mother admitted to Spanking him (Mime with a hand. He stated LE can decide if he is going to write @ capias for the mother or not. He stated that he thinks the child may be lying about the events but he did get a spanking for some reason.” In the same entry, CPI Simon documented speaking to Keishanna in the apartment; “Mom was asked if there was a relative that @ggecould stay the night with. She stated she contacted her family friend Julia. After speaking with Julia, it was learned that there is a relative in the home who is a registered Sexual Offender with restrictions and @jggmmpcannot stay in the home.” Simon documented that heMANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark and Ms. Thomas talked about her being open to social services and that “She (Keishanna) stated dig will be fine with her.” In the same entry, CPI Simon documented a conversation with mm “A/F SERB Child stated that he thinks he will be find in the home. He stated that he doesn’t think that his mom will hurt him and he is not afraid of her.” Finally, in the same entry into FSFN CPI Simon documented the following; “The child was allowed to stay in the home. The mother was advised of the CPT appointment and she was advised that we would. transport the child to and from the appointment. Mom agreed to do services as previously discussed.” The next entry into the FSEN report documented CPI Simon contacting the on call CPS Supervisor, Stephanie Metcalf-Clark. The entry is as follows; “TCT CPSS Metcalf-Clark in reference to the child not ‘having anywhere to go. She was advised that the child’s welts are gone down, CLS gave no PC pending the CPT and the child stated that he is not afraid of the mom and he feels safe at home, She was also advised that there was a potential place for the child to go but it broke down with a registered sex offender living in the home."MANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark The next entry of note to the FSFN report was dated 3/19/2014 at 3:40 PM. CPI Simon noted the following; “CT Kristina/CPT. Std that Dr. Isaac is verifying for abuse. She stated that the child has loop scars on the face and legs and he has a linear scab on his left buttock and the injuries are consistent with being hit with an electrical cord.” The next entry of note into the FSEN report was dated 3/20/2014 at 9:15 AM. This is approximately 2 days after CPI Simon's initial visit to the apartment in which the allegations of abuse were made. CPI Simon documented a meeting with Ms. Thomas at her residence stating the following; “CPI went over the CPT findings with the mother. She was advised that there are verified findings and that Services will be provided.” The final entry into the FSFN report is made on 4/14/2014 at 2:49 PM. CPI Simon documented an email from a Non-Judicial Case Manager from the Safe Children Coalition describing a follow up of services withadjgguaggs mother, This FSFN report was made part of the case (EXHIBIT C)MANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark On December 4, 2015 the BPD case file for the law enforcement case (@PD #2014-002177) was received and reviewed, The date and time listed on the report as the “occurred” time is 3/18/2014 at 1603 hours. The initial report was authored by Officer Steven Hogan and he notes in his report that he arrived on scene at the leasing office at 4880 51" Street West, Bradenton, Hogan documented in his report that he made contact with the complainant and the child victim, AIMINIIgrst which time he was advised of the allegations that Ms. Thomas struck @lilifon the arm and on the buttocks with an electrical cord. Hogan stated in his report “ observed minor welts on Mie arm...he stated he was resisting and was trying to block the strikes but she struck hhim 3-4 times on his butt.” Hlogan added "I examined the injuries on QM butt and did examine welts that substantiate his statements.” Officer Hogan noted in the report that CPI Simon responded to the scene as well as BPD Crime scene and his supervisor. Further in the report, Officer Hogan documented his interaction and interview with Keishanna Thomas. This interview was in the Presence of CPI Simon. Hogan stated in his report that Ms, Thomas showed up at the leasing office looking for WnMANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark BBE where she was informed of the investigation. She walked back to her apartment with another officer and he later found that Ms. Thomas walked into the apartment, closed the door and left the officer outside for 3-4 minutes. Officer Hogan made contact with Ms. Thomas and he documented his interview by stating “She stated that they got into an argument and he (SR) tried to run out of the door. She stated that she grabbed him by the arm but he broke free. She denied hitting or spanking JME and denied striking him with an electrical cord.” ‘Hogan stated in his report that he interviewed the other children in the house and that Detective Beckley arrived and also conducted some interviews, He stated in his report “Det, Beckley advised he spoke with Ms. Thomas who stated that she Admitted to spanking d@aagee bare butt with her hand but denied striking him with an electrical cord.” Hogan continued in his report “Ire-interviewed Ms. Thomas. Jasked her if she spanked SB and she stated ye® but denied striking him with an electrical cord. When asked why she initially denied spanking him she stated that she initially told me that she did strike him. When advised that CPS Investigator Simon and I heard her state that she did not. spank him she stated, “I don't want to argue anymore.” 2MANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark Hogan noted in his report “CS! Baldwin took photographs of MB injuries, As time passed the welts/injuries decreased in size and became for difficult to see but were captured in the photographs.” Also in the BPD case file was a supplement by Detective Jeffrey Beckley. Beckley Stated in his report that he met with @ijimgpand he asked sgjugpio show where he was struck, Beckley stated “Mr. Adams lowered his pants and I noticed some abrasions, but none that broke the skin or caused bleeding. There were no extreme signs of trauma,” Beckley concluded his supplement by stating “The injuries seen on scene were not consistant (sic) with child abuse. CPS was on scene to confirm this finding and case will be unfounded,” It should be noted that there was no indication in the case file that any capias Tequest was completed by either Officer Hogan or Detective Beckley. The BPD case file was made part of this case (EXHIBIT D) On December 7, 2015 a CD containing the case file for CPS Teport 2014-072186- 01 was received and reviewed. 13MANATEE COUNTY 1A 2015-10057 SHERIFF’S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark Upon review of the Investigative Summary (IS), it is found on page 1 the date and time the intake was received is noted as being 3/18/2014 at 11:56 PM, the investigator name is listed as “Simon, Troy A”, the Supervisor name is listed as “Young, Linda”, the date and time intake received is listed as being 3/18/2014 at 11:56 PM and the date and time Investigation was closed is listed as. being 5/2/2014 at 3:55PM. Additionally, under the “circumstances of maltreatment” section the following is documented “On 03/18/2014, EE 01d the leasing manager that his mother pulled his pants down and struck him on the butt and on the right forearm with an electrical cord because he urinated in the bed. = sustained welt marks on his butt and on his right forearm. This has not happened in the past.” Finally noted on page 1 in the “findings” block of the report the words “Not Substantiated” are documented. On page 2 of the IS, under “Implications for Child Safety”, Paragraph A under “Signs of Present Danger Implications”, the following is documented “There are currently no known hangers for child safety based on the following. There were conflicting stories as to what was used to spank the child. The mother denies using an extension cord as the child alleges. The mother admitted to spanking the child with an open hand. The child stated that he is not afraid of his mother and he was 14MANATEE COUNTY 1A2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark allowed to stay in the home because there was no family or friend available to care ‘or the child. The siblings deny that the child was hit by mom. They stated that the mother puts them in their room for punishment. Dr. Isaac completed a medical on the child and verified the marks on the child as abusive and consistent with being hit with an electrical cord.” Under “signs of present danger implications” there is an update which states in part “LE capiased(sic) the case to the SAO.” On page 3 of the IS in the section for “overall safety assessment” the following is documented; “Det. Beckley with BPD talked to the mother alone and he stated that she admitted to him that she spanked the child with an open hand....Dr. Isaac verified the marks as abuse because they were consistent with being hit with an electrical cord.” Also on page 3 under “summary/findings implications” the following is documented; “Based on the information obtained in the investigation, the allegations of physical injury are not substantiated. The child did get a spanking and there were welts on the child. The welts went down before CPI completed theMANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS. CPSS Linda Young CPSS Stephanie Metcalf-Clark investigation at the home.....Dr. Isaac saw the child and: verified the injury as abusive based on the child's description of what occurred.” The Investigative Summary was made part of this case (EXHIBIT E) Also included on the CD containing the case file for 2014-072186-01 the Intake Report with Reportar Narrative was reviewed. On page 10 of this report, itis noted on the CPT report documenting Dr. Isaac’s exam of St “Physical Injury-Other: Dr. Isaac found <@igjieto have scars and a scab consistent with $MM: history of being hit by his mother with electrical cords on more than one occasion, which he found to be child abuse. The medical findings are consistent with the history provided by Ww during the specialized interview.” Itis further stated under “Conclusions”; “A medical evaluation oN@N was completed by Dr. Isaac, wherein he found dlgjape to have scars and a scab consistent with ASS history of being hit by his mother with electrical cords on more than one occasion, Dr. Isaac found these injuries to be diagnostic of child abuse.....There is concern Sor the risk of ongoing abuse given the significant history involving this mother.” This report was made part of the case (EXHIBIT F) 16MANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young PSS Stephanie Metcalf-Clark On 12/21/2015, CPS Supervisor Linda Young provided a sworn statement in the office of Professional Standards. This interview was recorded and the transcription of the interview was made part of this case, (EXHIBIT G) On 12/21/2015 during her interview, CPS Supervisor Linda Young provided a printout of the FSFN report documenting the submission and approval chronology for the FSEN report pertaining to this case. Of note in the report provided by CPSS Young, there is a 72 hour submission by CPI Simon in which CPSS Beth Hassen reviewed the case and provided some guidance for follow up by Simon as well as a second party review, There is a 30 day review submitted by CPI Simon in which CPSS Young reviewed the progress and provided guidance for further follow up by Simon, There is a final submission by Simon on 5/1/2014 at 9:30 ‘AM in which CPSS Young reviews the report and submits the report for a second party review on 5/2/2014 at 8:49 AM. It should be noted that the only comments listed under “Further actions needed” is “working with vps”. Finally, a second 7MANATEE COUNTY 1A 2015-10057 SHERIFF’S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS. CPSS Linda Young PSS Stephanie Metcalf-Clark party review was done by Deputy Director Robert Wilson on 5/2/2014 at 12:56 PM with nothing listed in the “further actions needed” field. In this report there are no comments from CPI Simon’s direct supervisor, CPSS ‘Young regarding the lack of documentation necessary to explain why Simon's findings of “not substantiated” conflict with Dr. Isaac's findings of abuse in the CPT. This document was made part of the case file as (EXHIBIT H). On January 7, 2016 at 2:32 PM Deputy Director Robert Wilson provided a swom statement in the office of Professional Standards. This interview was recorded and the transcription of the interview was made part of this case. (EXHIBIT 1) On January 19, 2016 at 10:03 AM CPS Supervisor Stephanie Metcalf-Clark provided a swom statement in the office of Professional Standards, This interview was recorded and the transcription of the interview was made part of this case. (EXHIBIT J)MANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark On January 20, 2016 several emails were obtained from Legal Affairs regarding the investigation that Simon conducted on March 18, 2014. The first email was initially sent by CPSS Metcalf-Clark to CPI Simon and the email is as follows; “On Mar 18, 2014, at 5:26 PM, "Metcalf-Clark, Stephanie" ‘ wrote: The case is regarding @MMM@GBims. He has welts that he says he received when Mom beat him with an extension cord. I looked at the priors and you closed a case with them in December. Do you recall the family? Stephanie” CPI Simon replied the same day at 5:29 PM “What's moms name.” CPSS Metcalf-Clark replied at 5:32 PM “Keishanna Thomas, your report was about the mother throwing a phone at her partner and also throwing bleach onto the oldest child. Mom has 5 children ranging in ages from 14 to infant.” CPI Simon replied on the same day at 7:00PM “Not egregious, No PC. Mom not arrested, Setting up CPT. Sending child with relatives. No concerns for other children,” 19MANATEE COUNTY 1A 2015-10057 SHERIFF’S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark CPSS Metealf-Clark replied at 7:01PM “Good, Iwas hoping it wasn’t too bad and that we could do services or something. Is BPD. calling it in? Thanks for your help” At 7:07 PM, CPI Simon replied “yes”. The emails were made part of the case file as (EXHIBIT K) On January 22, 2016 at 2:09 PM CPI Troy Simon provided a sworn statement in the office of Professional Standards. This interview was recorded and the transcription of the interview was made part of this case. (EXHIBIT L) 20MANATEE COUNTY 1A 2015-10057 SHERIFF’S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark Upon careful review of the written documentation contained within this investigation, and a review of the General Orders, Policies and Procedures of the Manatee County Sheriff's Office I submit the following findings; SUSTAINED; Neglect of Duty- GO 12.3.1; Failing to perform prescribed duties, for which an employee is compensated shall be considered neglect of duty. (Violation subject to writteri reprimand to termination). On March 18, 2014 CPI Troy Simon was on call and was called out to investigate allegations of abuse at 4880 51% Street West, #102 in the City of Bradenton. Upon arrival, he spoke with the child victim/complainant @MR@iimmies who advised him that his mother, Keishanna Thomas had spanked him with a white extension cord on his arms and buttocks. He was able to run from the residence and seek shelter at the leasing office for the apartment complex. A BPD officer and Detective were on scene to conduct the law enforcement portion of the investigation. In his sworn 37MANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPi Troy Simon PROFESSIONAL STANDARDS. CPSS Linda Young CPSS Stephanie Metcalf-Clark statement, CPI Simon stated he observed marks on agja@WBs arms but he did not see any marks on any other part of Jabari’s body other than a scar on his chin that did not appear to be a fresh wound, Simon stated due to the marks to Jabari’s body, the inconsistent statements of Ms. Thomas coupled with her adversarial attitude he contacted Children’s Legal Services (CLS) to request permission to remover ja pending the CPT the following day. He stated CLS told him he had no PC and suggested he find an alternate placement with family or friends for the night pending the CPT. Simon stated there were plans to Place Slmbwith a friend of the family but those plans fell through due to a sex offender living at the residence, After consulting with the on call CPS Supervisor, Stephanie Metcalf-Clark as well as speaking to MMB it was decided that Summa) would remain with his mother overnight until the CPT could be conducted. Simon stated this decision was made in part due to exhaustive efforts to place Quy with family to no avail, as well as the appearance of the welts to @jggRsubsiding and finally QB verbalization that he was comfortable staying in the home. When asked why a second call to CLS was not made when the placement fell through, Simon stated he may have made a second call to CLS but he did notMANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark remember or document the call. Simon did admit that a second call to CLS would have been necessary when temporary placement efforts fell through. CPSS Metcalf-Clark, in her swom testimony stated she relied on the updates from CPI Simon in the field to make her decision to let &jjpremain in the home for the night. She indicated during her testimony that she had concemns for the safety of SERB based on previous investigations involving his mother, She addressed those concems by conversing with Simon via email and telephone while Simon was on scene, She specifically asked him about a 2013 case Simon investigated regarding allegations that bleach had been thrown on Slits sister itm She sisted Simon advised her that those allegations were not sustained. Metcalf-Clark was asked if having Ms. Thomas’ history with CPS in mind coupled with the facts that Simon had gathered on scene that night, why she did not have Simon make a second call to CLS to inform them that the temporary placement had fallen through, Metcalf-Clark responded “at the time, it didn’t occur to me”, ‘When asked if it should have occurred to her Metcalf-Clark stated “I don’t know”, adding that perhaps it should have but she was relying on what Simon was telling her and the updates he was giving her while on scene “belayed her concerns” 39MANATEE COUNTY 1A 2015-10057 SHERIFF’S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark A CPT was conducted the following day on March 19, 2014 by Dr. Isaac. In his sworn testimony, CPI Simon stated he received a call from a CPT Staff member advising that Dr. Isaac wanted to know the statements of the witnesses on scene during the initial investigation, This information was requested of the CPT staff prior to Dr, Isaac’s exam o gag Simon stated he received the results of the CPT in which Dr. Isaac verified for abuse. Regarding Dr. Isaac’s findings, Simon made the following statement “his decision wasn’t based solely on his medical opinion or the medical evidence concerning the current injuries to the child. It was based on everything else also.” (Simon was referring to the information requested by the CPT staff prior to the exam) Simon maintained that as the CPI for the case, he did not have to agree with the medical expert, however he stated in hindsight it would have been better to rely on the opinion of the medical expert in the case when determining his findings. Simon stated he discussed his reasons for his conflicting findings with his supervisor, CPSS Linda Young prior to closing the case, Simon stated after explaining his findings, Young agreed with him however he failed to document the conversation with her in his report. Simon’s supervisor CPSS Linda Young stated in her sworn testimony that she remembered parts of the conversation she had with Simon regarding the conflicting 40MANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark findings. She remembered Simon telling her that Dr. Isaac used third party information when determining his findings in the case. She stated she did not remember what the specific information was and that it was Simon’s responsibility to ensure their conversation was documented in the report. Overall, CPI Simon’s lack of documentation in this particular case is overwhelming and this lack of documentation left more questions than answers, Itis clear that CPI Simon’s decision to leave qa at the home of his alleged abuser the night of the incident was one that was erroneous. By his own admission, he should have made a second call to CLS when the temporary placement of @JURMMMIMEs fell through, CPI Simon was remiss in his duties by relying on the words of an alleged victim and his alleged abuser to ensure no further violence would occur before the requisite medical exam could be conducted. Itis also clear that CPI Simon erred when he closed the abuse case as “not substantiated”, His findings were a direct contradiction to the medical expert relied on in the case. Simon alleged Dr. Isaac used information outside of the exam to make his determination however the CPT report reflects scabbing to a1MANATEE COUNTY 1A 2015-10057 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark injuries on MMe buttocks that are “consistent with the child’s history of being hit by his mother with an electrical cord on more than one occasion”. This information alone corroborates the child’s claims that his mother whipped him on the buttocks with an electrical cord. By his own admission, Simon should have relied on the expert opinion of a medical professional when making his final findings in the case. As the supervisor on call the night of the initial investigation, Stephanie Metcalf- Clark failed to ensure the proper steps were taken by Simon to maintain the safety of the alleged victim pending the medical exam. Metcalf-Clark knew CPI Simon found circumstances at the scene serious enough to warrant a call to CLS requesting permission to remove" until the CPT could be done. It was improper to allow i to remain with his alleged abuser without exhausting all avenues to include a second call to CLS to inform them that the initial placement had fallen through. Finally, CPS Supervisor Linda Young, CPI Simon’s immediate supervisor had a face to face conversation with him in which he gave an explanation as to his disagreement with the medical expert’s findings of abuse. Although CPSS Young 42MANATEE COUNTY 1A 2015-10057 SHERIFF’S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CPSS Stephanie Metcalf-Clark maintains that Simon should have documented his conflicting findings as well as their conversation, she failed to ensure that the proper documentation was entered by her subordinate before closing the case out. Furthermore, CPSS Young hada responsibility as CPI Simon’s supervisor to ensure the entire case was properly documented before she approved and closed the case. Upon careful review of the written documentation contained within this investigation, and a review of the General Orders, Policies and Procedures of the Manatee County Sheriff's Office I submit the following findings; Thus, barring the introduction of any new evidence or testimony, this investigation will be closed to reflect a SUSTAINED finding. DIGITALLY SIGNED INSPECTOR SERGEANT MARK MORIE Professional Standards