(600 301 Bivd, West Sulte 202 Bradenton, FL 34208 ‘Telephone (941) 747-3011 TO: THRU: FROM: DATE: SUBJECT: ACCUSED: COMPLAINANT: INVESTIGATOR: INITIATED ON: COMPLETED ON: ALLEGATION: Ww. "Sh heritt MANATEE COUNTY, FLORIDA ‘Fax Number Professional Standards (941) 744-371: SHERIFF W. B, STEUBE COLONEL CHARLES WELLS CHIEF INSPECTOR BRIAN SCHNERING PROFESSIONAL STANDARDS INSPECTOR SERGEANT MONIQUE DeCESARE PROFESSIONAL STANDARDS DECEMBER 23, 2015 SUMMARY AND CONCLUSION OF PROFESSIONAL STANDARDS INVESTIGATION # 2015-10058 CPS DIRECTOR MELISSA LANCSARICS CPS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS IN-HOUSE - MAJOR CONNIE SHINGLEDECKER INSPECTOR SERGEANT MONIQUE DeCESARE PROFESSIONAL STANDARDS NOVEMBER 21, 2015 DECEMBER 23, 2015 NEGLECT OF DUTY GENERAL ORDER 1013, 12.3.1MANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS, DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS. SYNOPSIS It is alleged on May 23, 2014, then a Child Protective Investigator, Child Protective Section Supervisor Michelle Davis was assigned an environmental hazard case and failed to adequately address all concerns reported to the Child Abuse Hotline. Davis’ supervisor, Rob Wilson, allegedly reviewed and approved Davis’ inadequate report. Additionally, both Wilson and Director Lancsarios were consulted regarding the direction of the case, both instructed Davis to telephone the mother and then close the case. These directives contradict the protocol mandated by the state for a CPI investigating a case.MANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS INVESTIGATION On November 23, 2015, I received two Allegation of Employee Misconduct Forms (MCSO FM 87-008); one against Child Protective Section Director Melissa Lancsarics and the other for Child Protective Section Supervisor Michelle Davis. The documents were made part of the case file. (EXHIBIT “A”) Notated within the narrative of the Allegation of Employee Misconduct forms is the Florida Safe Families Network (FSFN) case number #2014-137604; however, the respective report was not attached. I contacted Professional Standards Criminal Detective Carrie Renninger who consults with CPS, and requested a copy of the aforementioned report, On November 24, 2015, I was furnished with two reports; a Confidential Investigative Summary (IS) Child In-Home Investigation (without Reporter Information) and a Chronological Notes Report, both bearing Intake Number 2014- 137604. The reports were incorporated into the case file. (EXHIBIT “C” and “D” respectively) Stuck to the front page of the Confidential Investigative Summary was a yellow post-it note with a message penned by Deputy Director Rob Wilson that said, “Just to advise I Robert Wilson was the supervisor over this case not MichaelMANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS Janotti. When he was promoted Janotti took over my old unit. Rob Wilson.” The note was added into the case file. (EXHIBIT “MISCELLANEOUS”) ‘Upon review of the Confidential Investigative Summary, the date and time of intake-received lists May 22, 2014 at 2:03 PM, the listed Protective Investigator is Michelle Davis, the date and time the investigation was closed states May 23, 2014 3:55 PM, and the Protective Investigator Supervisor is Michael Janotti. The reason listed for the investigation is “Environmental Hazards” and requires a “24 hour Response Priority.” The victim identified in the case is 15-year-old ai—mggapim B20 aMBWs mother is Keishanna Gladys Thomas. In a section titled “Allegation Narrative(s)” the following chronicle was provided: gp: hs been attending school with a “profusely smelling” body odor. lige needs assistance with bathing because she is not able to use one of her arms. dimes has had a bad body odor on and off for the duration of the school year, but, this week, her body odor has been at its worse, The school provides pe With deodorant and she let's them know when she runs out so that they can provide her with more deodorant. ggg has suffered a urinary Tract Infection in January/February. diljggp also had an incident a month ago where she slipped and Sell and bumped her head where she has a shunt while at school. The schoolMANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS attempted to contact mom on numerous occasions. Once the school was able to get in contact with mom, mom told them to put dll on the bus. The school resource officer had to contact mom to inform mom thats was sent to the hospital and she would have to pick sqqqge up from the hospital. Mom eventually picked sgggpe up from the hospital. iggy has an Intellectual Disability and a Physical Disability with her arm and leg.” In another section titled “IV. Implications for Child Safety”, the following noteworthy information was documented by CPI Davis: A. Signs of Present Danger Implications — There are no implications for child safety based on the signs of present danger. The mother resides w/her 5 children in a spacious apartment, The VPS case manager working w/the JSamily indicated that the home is always clean & hazard free. The mother has no significant criminal hx, The children always appear well cared for per VPS case manger notes. This report was called in w/allegations of environmental hazards because the 14 y/o has body odor. This is not abuse or neglect on the part of the mother. C. Protective Capacities Implications — There are some negative implications Sor child safety based on the protective capacities, There have been severalMANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS priors over the years w/this family including removal of the oldest child (current AY) in 2004 but there is no pattern/frequency of allegations. The mother is a single parent. She has a local support system. She is currently engaged w/VPS services but has not fully complied w/all referrals yet. D. Criminal History Summary and Implications for Child Safety: There are no implications for child safety based on the criminal records hx. The mother has no significant arrest hx. VI. Summary/Findings Implications: There are no implications for child safety based on the investigative findings. This report is being closed w/no indicators of environmental hazards. The AV indicates that she bathes twice a day w/soap, shampoos her hair, uses deodorant, brushes her teeth & wears only clean clothes which the mother is responsible for washing. The school advised that they provide AV w/deodorant to ensure she is not picked on by the other students. The school has sent AV to the clinic a few times to “freshen up” when she has a body odor. The former CPS investigator, Troy Simon, & VPS case manager, Stephanie Goodman, indicate that the home is always very well maintained & hazard free. There is no basis for a maltreatment of environmental hazards because a child has body odor — that is not consideredMANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS, PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS. abuse or neglect. V1, Recommended Disposition: The family continues to be followed by VPS. No services provided by CPS. Next, I read the Chronological Notes Report completed by CPI Davis on May 23, 2014 at 1:24 PM., and in the narrative she wrote, “T/C/T Keishanna Thomas (mother/AP), 201-4230, Advised the mother that a report was received today regarding some concems for AV’s hygiene & body odor issues. CPS advised that this is not something that CPS needs to complete an investigation for but suggested that the mother have the child seen by her doctor/pediatrician for a possible condition w/her sweat glands that can’t be rectified w/general cleaning & deodorant. CPS provided office # in the event the mother had further questions. Per CPSS Wilson, this phone call is being used in place of a F/F contact as this case does not warrant further investigation.” Also notated in the report on May 23, 2014 at 2:29 PM., CPI Davis wrote, “Per Dir Lancsarics, report is being closed w/no indic. CPS was asked to complete the following tasks: make contact with mom by phone and just advise her of the report and see if she has previously taken her to doctor to have sweat glands 7MANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS: DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS checked out and if not encourage her to do so. Document the case manager observations and what the child said about showering of course in your reasoning for closing. NOTE: CPS was advise dto [sic] take out the unknown subjects named in the report per CPSS Wilson.” CPI Davis wrote she conducted a “face-to-face With and BPD Officer Bench on May 23, 2014 at 1:18 PM. at Sugg Middle School, and the interview surrounded the issue of gM personal hygiene only. The other concerns outlined in the abuse allegation: iif falling at school, past urinary tract infection and her mother’s lack of concern, were never broached. Further, in the report CPI Davis pens her conversations with VPS Case Manager Stephanie Goodman and CPS Simon on May 23, 2014 at 10:10 A.M., both of whom said gga home is “very orderly.” However, Goodman did express “concerns” about Keishanna Thomas’ domineering control over, not only her children, but also any intervention from a child services organization. “The children never come out of their room, feels the children are isolated even from each other, they eat on the kitchen floor because the mother doesn’t want stains on the carpet, mother appears controlling, mother hasn’t participated in services yet but always has a reason, mother won’t let her photograph the children, motherMANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS won't let her go into the school to see the children or speak to them there.” On November 25, 2015, I was furnished a copy of the Critical Incident Rapid Response Team report on Janiya Thomas; Keishanna Thomas’ daughter who was found deceased in a freezer under suspicious circumstances. The report was added to the case file. (EXHIBIT “E”) ‘The Florida Department of Children and Families Secretary Mike Carroll deployed a Critical Incident Rapid Response Team (CIRRT) to complete a review and assess the potential systemic issues surrounding all child protective investigations against Thomas. Subsequent the findings of the CIRRT report, it was determined the aforementioned FSFN case of 2014-137604 was not investigated adequately and allegation of employee misconduct were generated against the MCSO employees involved. Penned on page 7 of the Critical Incident Rapid Response Team report on Janiya Thomas was the following noteworthy paragraph: In May 2014, allegations of environmental hazards were made due to (ape having body odor that was worsening, concerns regarding a prior urinary tract infection and the mother’s lack of response to ggg falling and hitting her head. This investigation was open only 26 hours before child protective investigators made a determination there was no neglect. This decision, approved 9MANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS, PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS by a MCSO child protective supervisor and director, was made without completing @ statutorily required home visit, without interviewing the other children in the home and without assessing the concerns expressed by the voluntary protective services case manager documented by the child protective investigator in the Florida Safe Families Network (FSFN). On December 1, 2015, I contacted Child Protective Specialist Supervisor Kim Burnham and requested a copy of all the training manuals and procedures supplied to child protective investigators upon completion of their training. On December 2, 2015, CPSS Burnham advised in addition to Chapter 39 of the Florida Criminal Law and Motor Vehicle Manual, the Florida Department of Children and Families Florida’s Center for Child Welfare website contains all information and training for child protective investigators. accessed the previously mentioned website and located “CFOP 175-28 Child Maltreatment Index.” The purpose of the index “is to guide Florida Abuse Hotline counselors and field investigation staff in determining. ..response to Hotline calls and the assessments by investigators.” Environmental Hazards is discussed on page A-13 of CFOP 175-28, and listed under the section, titled “Documentation to Support a Finding of Maltreatment,” is the request of 10MANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS, DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS “Investigator s observation of child and environment; documentation of the environment to include photographic evidence.” I made a copy of CFOP 175-28 and incorporated it into the case file. (EXHIBIT “F”) Additionally, I found “CFOP 175-21 Investigative Response” and its Purpose “discusses the steps of the department’s response to reports of child abuse, neglect or abandonment.” In section 5, titled “Responding,” subsection “b” says, “When the family cannot be located at the time of the initial visit, attempts to locate them on a daily basis, at different times, must be continued. If it is not feasible or prudent to make daily attempts, that fact must be documented and explained in the case file noting supervisory concurrence. The date, time and location of all attempted visits must be documented in the case file.” While subsection “j” states, In every report the protective investigator (family services counselor) must observe and document the condition, appearance and development of each child named in the report and all other children who reside in the household. When age appropriate, each child named in the report and all other children who reside in the household must be interviewed. The family service counselor or other person responding must be sensitive to the social, economic, and cultural environment of the family including their response to the department's 11MANATEE COUNTY 1A #2015-10058 SHERIFF'S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS presence in their lives. However, if a person responsible for the child will not allow observation of the child, for whatever reason, the person making the home visit shall immediately contact their supervisor for guidance and document the file 4s to both the caretaker(s) ‘refusal and the supervisor ’ directions.” I made a copy of CFOP-175-21 and incorporated it into the case file. (EXHIBIT “G”) Next, I reviewed Chapter 39 of the Florida Criminal Law and Motor Vehicle Manual, specifically statue 39.301, titled “Initiation of Protective Investigations,” and upon review found it to be important to the case. A copy of the statute was added to the case file. (EXHIBIT “H”) Imperative to the investigation are the following sub-sections to 39.301: 9al. Conduct a review of all relevant, available information specific to the child and family and alleged maltreatment; family child welfare history; local, state, and federal criminal records checks; and requests for law enforcement assistance provided by the abuse hotline, Based on a review of available information, including the allegations in the current report, a determination shall be made as to whether immediate consultation should occur with law enforcement, the child protection team, a domestic violence shelter or advocate, or a substance abuse or mental health professional, Such consultations should include discussion 12MANATEE COUNTY TA #2015-10058 SHERIFFS OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS as to whether a joint response is necessary and feasible. A determination shall be made as to whether the person making the report should be contacted before the face-to-face interviews with the child and family members. 9a2. Conduct face-to-face interviews with the child; other siblings, if any; and the parents, legal custodians, or caregivers. 9a3. Assess the child's residence, including a determination of the composition of the family and household, including the name, address, date of birth, social security number, sex, and race of each child named in the report; any siblings or other children in the same household or in the care of the same adults; the parents, legal custodians, or caregivers; and any other adults in the same household, On December 4, 2015 at approximately 3:00 P.M., Deputy Director Rob Wilson responded to the Office of Professional Standards, to provide a sworn, digitally recorded statement. The audio recording was later transcribed, reviewed, and made part of the case file. (EXHIBIT “I”) At the conclusion of my interview with Deputy Director Wilson, I constructed an Allegation of Employee Misconduct form against Deputy Director Wilson for the same allegation as Director Lancsarics, (EXHIBIT “I1”) 13MANATEE COUNTY TA 42015-10058 SHERIFF'S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS On December 9, 2015, I contacted Child Protective Specialist Supervisor Michelle Davis to schedule an interview. We settled on December 10", and additionally I requested she bring the original CPS case file with her when she responded for the interview. On December 10, 2015 at approximately 10:44 A.M., Child Protective Specialist Supervisor Michelle Davis responded to the Office of Professional Standards, to provide a sworn, digitally recorded statement. The audio recording was later transcribed, reviewed, and made part of the case file. (EXHIBIT “J”) Prior to our interview, CPSS Davis furnished me with a compact disc (CD) titled, “Confidential Copy 2015-137604 MCSO-CPS,” and it was added to the case file. (“MISCELLANEOUS”) While CPSS Davis was reviewing the evidence gleaned during my investigation thus far, I accessed the file labeled “2014-137604” saved on the CD. I opened the file and found three pdf documents. I printed copies of the aforementioned documents and incorporated them into the case file, (EXHIBIT “K,” “L,” and “MP” RESPECTIVELY) 1, 2014-137604 Closed file content CH — date modified 6/5/14 — this document contained three pages. (EXHIBIT “K”) 14MANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS. «The first page only, ftom the Intake Report with Reporter Narrative report for 2014-137604, « The CPID Closure Letter (FM01-009) dated 6/2/14, addressed to Ms. Thomas from CPI Michelle Davis. * MCSO Analytical Work-Up Sheet for case #2014- 137604; which lists all of Ms. Thomas’ children and their personal information, along with Ms. Thomas’ personal information. 2, Analytical Work-up CH (1)— date modified 5/23/14, (EXHIBIT “L”) * MCSO Analytical Work-Up Sheet for case #2014- 137604; which lists all of Ms, Thomas’ children and their personal information, along with Ms. Thomas’ personal information. 3, Security envelope — Initial (EXHIBIT “M”) « BC pdf © Contains copies Ms. Thomas’ children’s birth certificates and her birth certificate. 15MANATEE COUNTY TA#2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS, PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS. + FSFN Info pdf © Copies of all Prior Intakes and Service Records associated with Ms. Thomas * Intake With Reporter pdf ° LE.pdf On December 15, 2015 at approximately 2:14 PM., Director Melissa Lanesarics responded to the Office of Professional Standards, to provide a sworn, digitally recorded statement. The audio recording was later transcribed, reviewed, and made part of the case file. (EXHIBIT “N”) On December 17, 2015, I submitted an email to both Deputy Director Wilson and CPSS Davis extending an invitation to review the additional witness statements collected during the investigation since their original interviews. On December 18, 2015, I received a response email from Deputy Director Wilson accepting my offer and scheduled an appointment for 3:00 PM. Later in the day at approximately 3:05 P.M., Deputy Director Wilson responded to the Office of Professional Standards, to provide a second sworn, 16MANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS, DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS digitally recorded statement. The audio recording was later transcribed, reviewed, and made part of the case file. (EXHIBIT “O”) On December 21, 2015 at approximately 12:01 P.M., Director Lancsarics responded to the Office of Professional Standards, to provide a second swom, digitally recorded statement. ‘The audio recording was later transoribed, reviewed, and made part of the case file. (EXHIBIT “P”) On December 23, 2015 at approximately 4:47 P.M., CPS Supervisor Davis responded to the Office of Professional Standards, to provide a second swom, digitally recorded statement. The audio recording was later transcribed, reviewed, and made part of the case file. EXHIBIT “Q”) NOTE —The interview summaries found within the following section of this investigative report, represent a general description of testimony provided by the individual witnesses. Transcripts of each digital audio recording are contained within the investigative case file for review by the reader. 17MANATEE COUNTY JA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS. DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS CONCLUSION CHILD PROTECTIVE SPECIALIST SUPERVISOR MICHELLE DAVIS Upon carefull review of 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 a SUSTAINED finding to the allegation of NEGLECT OF DUTY. This finding is under the violation of the Manatee County Sheriff's Office General Order 1013, 12.3.1, which states: Failing to perform prescribed duties for which an employee is compensated shall be considered neglect of duty. ‘iolation subject to w1 tion) On May 22, 2014, an allegation of environmental hazards was made to the Child Abuse Hotline, claiming a 15-year-old was regularly attending school with profusely malodorous body odor. Additionally, the reporter listed other concerns regarding a past urinary tract infection (UTI, her limitations because of cerebral palsy and the mother’s lack of concern for her wellbeing when she fell at school, hitting her head, Once accepted by the hotline, the case then assigned to, then Child Protective Investigator (CPI), Michelle Davis on May 23, 2014. Page 2 of 16MANATEE COUNTY IA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS It is alleged CPSS Davis failed to adequately investigate all concerns outlined within the child abuse allegation. CPSS Davis testified she conducted her normal research into an assigned case, to include speaking with CPI Troy Simon and the assigned Voluntary Protective Services (VPS) case manager, both of whom told CPSS Davis that the family home is orderly and clean. CPSS Davis said the case manager did express additional concerns about the over-controlling nature of the child’s mother, and the seclusion mindset of the children even when in the same room. In regards to VPS Goodman concerns CPSS Davis said, “I was focusing on, at the time, was what her observations were relating to the allegations of this report...the other issues, I would assume she would take those up with her supervisor.” CPSS Davis testified she then went to interview the child at the child’s school where she visually inspected the child, learned the child was practicing proper hygiene and that her mother was washing her clothing. Additionally, she noted the limited affect the cerebral palsy had to the child’s extremities. As the interview continued, she said the child broke down into tears and could not stop crying. CPSS Davis contacted a school official who reassured CPSS Davis, “<,,,that’s not abnormal for her. She does that kind of stuff all the time, you know, randomly, ..it wasn’t anything I did wrong.” Page 3 of 16MANATEE COUNTY TA #2015-10058 SHERIFF'S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS In regards to the other concerns listed in the allegation, the UTI; the fall; and mother’s lack of concern, CPSS Davis said, “I would have not necessarily really asked about a UTI, cause everybody gets urinary tract infections and, and it can be for many different reasons. So um, that in of itself, I probably wouldn’t have asked, because I don’t know what bearing it would have had on anything... she did have an odor but it wasn’t like effeminate odor, it was like B.O.” Reference the fall, she said, “I can’t really recall whether I would say or not, that that would have been something that we would have gotten to. Um, you know, it, it’s likely that I would have gotten to that part of it. But it wasn’t, there again, it wasn’t part of the actual maltreatment... So I can’t say for sure.” However, CPSS Davis went on to admit it is state and agency mandated to investigate each concern notated within the allegation. With that being said, I inquired if she had any intention of re-interviewing the child, since their interview was cut short, and CPSS Davis responded, “I don’t recall specifically. No.” CPSS Davis admitted she did not believe that the hotline operator should have accepted the allegation, as it did not rise to the level of a CPS investigation, which appeared to be the consensus of the supervisors. Near the end of the interview, CPSS Davis acknowledged the claim against her “would be justified,” as she did not investigate all concerns listed within the CPS allegation. Page 4 of 16MANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS. DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS When the topic of CPI’s investigating all concems outlined within an allegation, was presented to Director Lancsarics she testified, “Well I know that, we, I know that’s what we, that’s what we do. That’s our, you know, our job..-anything that’s concerning abuse and neglect, then yes.” While CPSS Davis explained her focus narrowed on the primary maltreatment outlined within the CPS allegation, she admitted it is her responsibility to inquire on all concems notated within the complaint, Thus, barring the introduction of any new evidence or testimony, this investigation, as it pertains to Child Protective Specialist Supervisor Michelle Davis, will be closed to reflect a SUSTAINED finding. Page 5 of 16MANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS. CHILD PROTECTIVE SPECIALIST DEPUTY DIRECTOR ROBERT WILSON Upon careful review of 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 a SUSTAINED finding to the allegation of NEGLECT OF DUTY. This finding is under the violation of the Manatee County Sheriff's Office General Order 1013, 12.3.1, which states: Failing to perform prescribed duties for which an employee is compensated shall be considered neglect of duty. (Violation subject to written reprimand to termination) On May 22, 2014, an allegation of environmental hazards was made to the Child Abuse Hotline, claiming a 15-year-old was regularly attending school with profusely malodorous body odor. Additionally, the reporter listed other concerns regarding a past urinary tract infection (UTI), her limitations because of cerebral palsy and the mother’s lack of concern for her wellbeing when the child fell at school, hitting her head. Once accepted by the hotline, the case then assigned to, then Child Protective Investigator (CPI), Michelle Davis on May 23, 2014. Page 6 of 16MANATEE COUNTY 1A #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS Itis alleged Deputy Director Wilson failed to adequately review the aforementioned case prior to approving it when he was a Child Protective Specialist Supervisor (CPSS). CPSS Davis testified she conducted her normal research into an assigned case, and then went to interview the child while she was at school. She said she visually inspected the child, learned the child was practicing proper hygiene and her mother was washing her clothing. Additionally, she noted the cerebral palsy and the limited affect it had to the child’s extremities. Afterwards, CPSS Davis advised she interview the School Resource Officer, BPD Officer Bench, who was appalled the hotline accepted the allegation, then annoyingly told her it would greaten the gap between the school and the child’s mother. CPSS Davis testified she returned to her office and briefed her supervisor, then CPSS, Rob Wilson, who in-turn consulted Director Lancsarics on the direction of the case. Upon her supervisor’s return, CPSS Davis testified, “my directive is to make sure that I’m documenting what the case manager said in, in the summary of the report about um, what her observations were and you know, the home is always clean and all that kind of stuff. And what the child said about, you know, following through with the hygiene protocols and that kind of thing.” Additionally, CPSS Davis testified she closed the investigation with a “no Page 7 of 16MANATEE COUNTY IA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS indicator” finding based on the instruction provided to her by Wilson, who cited it was Director Lancsarics request. Notated within the Chronological Notes Report, on May 23, 2014, then a CPSS, Deputy Director Rob Wilson created an entry stating, “Consult with Director Lancsarics on this case. She advised to make contact with mom and then close the case.” Director Lancsarics testified she did not recall the conversation; however, did say she trusts Deputy Director Wilson and would not contest any comments he entered within the report. “I count on Rob and I trust him fully and everything. That's why I said if, you know, I’m not gonna refute anything that’s you know, said or he documented in there. But I, you know, trust him fully and I’m just you know, not, you know, sure of what transpired on as far as information and what he, you know, did on it, so.” Deputy Director Wilson testified he could not recall “any specific interactions on this case;” however, emphasized Director Lancsarics “would have very little information about what the situation is, other than what I’m presenting to her.” After their collaborative discussion, Deputy Director Wilson said he would have relayed his directives to, then a CPI, Davis to follow. He acknowledged Davis ‘was following his orders and should be absolved of any wrongdoing. Page 8 of 16MANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS CPSS Davis admitted by using a “no indicator” finding for environmental hazards, the ability to close the case as “non-jurisdictional” is no longer an option, and the case is a CPS investigation, thereby, required to adhere to the state mandated guidelines. However, because of the direct order from her supervisor coupled wiht the implied instruction relayed from Director Lancsarics, she closed the case after having only a telephone conversation with the mother. CPSS Davis cited the directorial directives throughout her report. Director Lancsarics said when reading the report now she does not understand why the case was closed “no indicators,” as it should have been closed ‘non-jurisdictional’ with an explanation describing such, which was not provided. With the case closed “no indicators,” it defaults the case to a full CPS investigation and required state mandated criteria, Director Lancsarics said if the information she received suggested the allegation “didn’t rise to the level of abuse and neglect” she could have provided this instruction, but only if the case was being closed “non-jurisdictional.” Director Lancsarics cited an annual quality assurance measure called “peer review,” which is comprised of a representative from each sheriff's office, that conduct child abuse investigations, and two representatives from Department of Child and Families whom review randomly selected closed cases and provide a rating. Page 9 of 16MANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS. PROFESSIONAL STANDARDS. DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS ‘When asked why he would direct, then, CPI Davis to navigate away froma state mandated procedure, Deputy Director Wilson said, “I think the best that I can recall and based on what this report was coded, that it, the thought was that it didn’t rise to the level of meeting the standard of environmental hazards or you know, the standard of a report.” He went on to say, “... I don’t understand the decision that I made on the case.” Deputy Director Wilson testified when, then, CPI Davis submitted the report for approval, he would have been the only supervisor to review it. He confesses the report was close incorrectly, and admitted, “I don’t think I reviewed it as closely as I should have.” Deputy Director Wilson affirmed he would have caught the improper closure if he had, Lastly, Deputy Director Wilson attested, “.,.like I said, I mean I’m the one responsible for this. Michelle followed direction and Melissa didn’t have access or ability to acc..you know, to all the information. So I mean I’m the one that’s responsible for it.” Thus, barring the introduction of any new evidence or testimony, this investigation, as it pertains to Child Protective Specialist Deputy Director Rob ‘Wilson, will be closed to reflect a SUSTAINED finding. Page 10 of 16MANATEE COUNTY IA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS CHILD PROTECTIVE SPECIALIST DIRECTOR MELISSA LANCSARICS Upon careful review of 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 a NOT SUSTAINED finding to the allegation of NEGLECT OF DUTY. This finding is under the violation of the Manatee County Sheriff's Office General Order 1013, 12.3.1, which states: Failing to perform prescribed duties for which an employee is compensated shall be considered neglect of duty. ‘iolation to written re} id to ition) Director Lancsarics was grouped into the neglect of duty allegation along with Deputy Director Wilson, for failing to adequately review the aforementioned environmental hazard case prior to approving. CPSS Davis testified she never spoke with Director Lancsarics regarding the circumstances of the case, but she did convey her thoughts to her direct supervisor at the time, then CPSS Wilson. She went on to say, he retumed from his collaboration with Director Lancsarics and provided instruction on to proceed with the case. CPSS Davis testified, “my directive is to make sure that I’m Page 11 of 16MANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS, PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS documenting what the case manager said in, in the summary of the report about um, what her observations were and you know, the home is always clean and all that kind of stuff, And what the child said about, you know, following through with the hygiene protocols and that kind of thing,” Additionally, CPSS Davis testified she closed the investigation with a “no indicator” finding based on the instruction provided to her by Wilson, who cited it was Director Lanesaries request. When asked to elaborate on “no indicator” as a finding, CPSS Davis said, “per Director Lancsarics [she] made the decision not to close it [investigation] it out as a non-jurisdictional or anything else like that, but just to kind of like shut it down.” CPSS Davis admitted by using a no indicator of environmental hazards finding, the ability to close the case as non-jurisdictional is no longer an option and the case is a CPS investigation, thereby, required to adhere to the state mandated guidelines, However, because of the direct order from her supervisor, CPSS Wilson, and the implied instruction relayed from Director Lancsarics, she closed the case after having only a telephone conversation with the mother. She notated the directives throughout her report. Deputy Director Wilson acknowledged he would have consulted Director Lancsarics on the case, but admitted he could not recall the meeting. He went on to Page 12 of 16MANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS say these consultations were informal and emphasized Director Lancsarics “would have very little information about what the situation is, other than what I’m presenting to her.” He in turn would have provided the instruction to the CPI. Deputy Director Wilson testified when, then, CPI Davis submitted the report for approval, he was the only supervisor who reviewed it. Due to the specific maltreatment of the allegation, he attested Director Lancsarics would not have been prompted to review the case file. Deputy Director Wilson confirmed the report was close incorrectly and went on to admit, “I don’t think I reviewed it as closely as I should have,” because if he had, Deputy Director Wilson affirmed he would have caught the improper closure, Lastly, Deputy Director Wilson attested, “...like I said, I mean I’m the one responsible for this. Michelle followed direction and Melissa didn’t have access or ability to acc..you know, to all the information. So I mean I’m the one that’s responsible for it.” Director Lancsarics said when reading the report now she does not understand why the case was closed “no indicators,” as it should have been closed “non-jurisdictional” with an explanation describing such, which was not provided, With the case closed “no indicators,” it defaults the case to a full CPS investigation and required state mandated criteria. Page 13 of 16MANATEE COUNTY TA #2015-10058 SHERIFF'S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS In reference a passage CPI Davis wrote in her report that “per Director Lancsarics, report is being closed with no indicator,” Director Lanesarics said if the information she received suggested the allegation “didn’t rise to the level of abuse and neglect” she could have provided this instruction, but only if the case was being closed “non-jurisdictional.” Director Lancsarics cited an annual quality assurance measure called “peer review,” which is comprised of a representative from each sheriff's office, that conduct child abuse investigations, and two representatives from Department of Child and Families whom review randomly selected closed cases and provide a rating. Director Lancsarics testified she never reviewed the case, nor would she have been required to; once submitted for approval the case would have gone to then CPI Davis’ direct supervision only, then, CPSS Rob Wilson. She elaborated by saying the circumstances surrounding the allegation did not merit a second party review, where she, too, would have reviewed the case file, along with Wilson. However, a new policy has been initiated; if a CPI would like to close a case and presents the option to their supervisor, it is required that both the supervisor and the deputy director actually review the case file before any action can be taken, Additionally, each supervisor will make a notation within the case file memorializing his or her instructions. Page 14 of 16MANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS PROFESSIONAL STANDARDS. DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS In response to her view on the allegation against her, Director Lanesarics opined, “Oh, it’s my..it was my responsibility, if I’m gonna give an opinion, to, to look into....it was my responsibility, if I’m gonna offer an opinion, I should make sure I know everything.” Benevolently, Director Lancsarics accepted ownership for her comments provided during a supervisor consultation, but the responsibility to ensure the accuracy of the case belonged to the CPI’s direct supervisor. ‘Thus, barring the introduction of any new evidence or testimony, this investigation, as it pertains to Child Protective Specialist Director Melissa Lancsarics, will be closed to reflect a NOT SUSTAINED finding. Page 15 of 16MANATEE COUNTY TA #2015-10058 SHERIFF’S OFFICE DIRECTOR MELISSA LANCSARICS: PROFESSIONAL STANDARDS, DEPUTY DIRECTOR ROB WILSON CPS SUPERVISOR MICHELLE DAVIS Pursuant to Florida State Statute 92.525: “J, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in Florida State Statutes 112.532 and 112,533 and verify pursuant to Florida State Statute 92.525 that the contents of the report are true and accurate based upon my personal knowledge, information, and belief.” _ ELECTRONIC SIGNATURE SERGEANT MONIQUE DeCESARE Professional Standards Page 16 of 16