sh Supe RN BMH © Be cursive ser a coors cea EN coarse aH600 301 Blvd. West ‘Suite 202 Bradenton, FL 34205 Telephone (941) 747-3011 THRU: FROM: DATE: SUBJECT: ACCUSED: COMPLAINANT: INVESTIGATOR: INITIATED ON: COMPLETED ON: ALLEGATION: FINDING: WW. BRAB STEUBE Fax 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 # 2015-10056 CPI TROY SIMON CPSS LINDA YOUNG DEP DIR ROBERT WILSON IN HOUSE INSPECTOR SERGEANT MARK MORIE PROFESSIONAL STANDARDS NOVEMBER 23, 2015 FEBRUARY 15, 2016 NEGLECT OF DUTY1013 12.3.1 SUSTAINEDMANATEE COUNTY JA 2015-10056 SHERIFF’S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young SYNOPSIS Itis alleged that CPI Troy Simon did not thoroughly investigate allegations into abuse to a child and closed the case before fully investigating the allegations. Additionally, itis alleged that Simon's supervisor, CPSS Linda Young did not ensure the allegations were properly investigated by Simon, and she approved her subordinates report before all of the allegations had been addressed. It was later discovered during this investigation that then CPS Supervisor Robert Wilson, upon a second party review Prior to the case closure, failed to note that all of the allegations in the abuse case were not addressed by CPI Simon.MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young INVESTIGATION On November 23, 2015 I received and reviewed both 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 3, 2015 I received and reviewed the case file for CPS case 2013- 321859. This included the FSFN report including chronological notes, the Confidential Investigative Summary (IS) and the Intake Report with Reporter ‘Narrative, The Investigative Summary lists the following under the narrative; “Today, 11/28/2013, the mother threw a phone at her partner. In the past, the mother dropped some bleach on Janiya and discolored her skin”. Under the section for the victim, in the block provided for findings, the words “Not Substantiated” are listed. The Investigative Summary lists the date and time the “Intake Received” as 11/28/2013 at 2:21 PM. It also lists the date and time “Investigation Closed” asMANATEE COUNTY JA 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS. CPSS Linda Young 12/18/2013 at 5:33 PM. It lists the “Protective Investigator” as “Simon, Troy A” and it lists the “Protective Investigator Supervisor” as “Young, Linda.” It should be noted that after review of the Investigative Summary, as it pertains to this particular document, it appears that CPI Simon did not address the allegations that bleach had been thrown on Janiya as reported to the Abuse Registry. Upon review of the Intake Report with Reporter Narrative, on page 3 of the report it was noted in the narrative section “Today, 11/28/2013, the mother threw a phone {at her partner. In the past, the mother dropped some bleach on Janiya and discolored her skin”. Just above the Narrative under section “D.” there are several blocks separated by “alleged victim” and “maltreatment code”. Under these blocks were the names of Ms. Thomas’ children to include Janiya Thomas and in the corresponding boxes under “maltreatment code” it listed “Family Violence Threatens Child” for each child listed, In the same report there is @ copy on a Bradenton PD report documenting a domestic battery between Keishanna Thomas and her paramour Jessica Jones. Jones, who is apparently the complainant in the report, is interviewed by the BPD officer and it is documented that “Ms. Jones added that she had concerns for the 3MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young wellbeing for one of the five (5) children living with Ms. Thomas, specifically 9 year old Nga. Her concern was that Ms. Thomas uses too much bleach in cleaning the child, and has been scarred from bleach.” Upon review of the FSFN report for CPS case #2013-321859-01, a note was entered by CPI Troy Simon indicating that he interviewed Ms. Thomas as well as the children at 9:53 AM on 11/29/2013. During the visit it is documented that Simon inquires about the domestic disturbance between Ms. Thomas and Jessica Jones. He also noted the environmental conditions of the residence but he did not mention speaking to Ms. Thomas about the allegations she threw bleach on Janiya. Simon further documented speaking and observing the children to include Janiya Thomas however he did not ask her specifically about the allegation of bleach being thrown on her by her mother. Also added in the FSEN report was an entry made by CPI Simon that attempts to contact Jessica Jones were unsuccessful and noted “Unable to Locate”. This attempted contact is listed to have taken place on 11/29/2013 at 9:53 AM, which is the same time listed for his visit to the residence of Ms. Thomas,MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young An entry to the FSFN report was made by CPI Simon on 11/29/2013 at 11:18 AM where he attempted to make contact with Jessica Jones at a different address to no avail. He again listed her as “Unable to Locate”. An entry to the FSFN report was made by CPI Simon documenting an attempted telephonic contact to Jessica Jones on 12/04/2013 at 11:30 AM. He documented “no answer, left message for callback”. An entry was made to the FSEN report by CPI Simon documenting a visit to an address in an attempt to contact Jessica Jones on 12/9/2013 at 11:28 AM, He documented “no answer at the door, left message for callback.” A final entry was made to the FSFN report by CPI Simon documenting an attempted telephonic contact to Jessica Jones on 12/17/2013 at 4:15 PM. He documented “No answer, left message for callback”, All three aforementioned reports included in the CPS case file were made part of this case (EXHIBIT B)MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS. CPSS Linda Young On 12/21/2015, CPS Supervisor Linda Young 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 C) 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 FSFN report pertaining to this case. She explained that the CPI has 72 hours to submit an initial report in FSFN after initiating the case. The first submission was by CPI Simon on 11/29/2013 at 12:56 PM. The report showed Supervisor Young listed the following under “further actions needed”: “turn in hope and danger assessment, copy of injunction and LE report, BPD locals and where did Jessica mave to...any children there since concerns for her drug use.” ‘Young then submitted the report for a “second party review” on 11/29/2013 at 3:53 PM. This review was completed by Director Lancsarics in which she listed the following under the “further actions needed” tab; “confused as allegations list mom as AP not Jessica. Need to determine who was the aggressor and address. Allegations of bleach being dropped on AV not addressed. If true was it anMANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young accident or on purpose. Follow OPSS review.” This review was submitted by Director Lancsarics on 11/29/2013 at 4:36 PM. The report was again submitted by CPI Simon for approval on 12/17/2013 at 4:24 PM. CPSS Young reviewed the submission on 12/18/2013 and submitted it for a second party review at 2:35 PM with no new notes for any correction. At this point it appears in the document that the allegations of bleach being thrown on Janiya Thomas had not been addressed. The second party review was conducted by then CPSS Robert Wilson on 12/18/2013. CPSS Wilson approved the report with no new notes listed under the “further actions needed” tab. He approved the report at 4:52 PM as complete. ‘This document provided by CPSS Linda Young was made part of the case file. (EXHIBIT D) On 1/7/2016, Deputy Director of CPS 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 E)MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS. CPSS Linda Young On January 22, 2016 Child Protective Investigator Troy Simon responded to the office of Professional Standards to provide a swom statement as to the allegations. This interview was recorded and the transcription of the interview was made part of this case, (EXHIBIT F)MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young CONCLUSION 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 written reprimand to termination), Bradenton Police Department investigated a domestic battery that had occurred on 11/28/2013. The incident occurred between Keishanna Thomas and her paramour Jessica Jones. The BPD officer noted in her report that upon interviewing Jones she was told that one of Ms. Thomas’ children, Janiya Thomas had been exposed to bleach in the past and it may have discolored her skin. This was relayed to the abuse hotline as well as the issue of possible domestic violence in the presence of the children. The BPD officer listed the following in her report “her concern was that Ms. Thomas uses too much bleach in cleaning the child, and has been scarred 17MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young from bleach.” The following was listed in the intake report under the “narrative”; “Today, 11/28/2013, the mother threw a phone at her partner. In the past, the mother dropped some bleach on Janiya and discolored her skin”. In the same intake report just above the narrative, the abuse hotline coded the “maltreatment” as “Family Violence Threatens Child”. CPI Troy Simon was assigned the case and responded to the Thomas home on 11/29/2013 and spoke to Ms. Thomas. During his investigation he documented in FSEN observing and speaking to all of the children to include Janiya Thomas, He documented addressing the domestic battery between Thomas and Jones however the allegations of Janiya having had bleach thrown on her were not documented, In the FSFN document obtained listing the approval record for Simon’s report, a second party review was completed by CPS Director Lancsaries on 11/29/2013 where the she instructed Simon to complete additional tasks prior to submitting the report for final review. She stated in the instructions “Need to determine who was the aggressor and address. Allegations of bleach being dropped on AV not addressed. If true was it an accident or on purpose. Follow OPSS review.” 18MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young Simon submitted the FSFN report for final review on 12/17/2013 and it was ultimately approved by supervision without the bleach allegations having been addressed, In his sworn statement CPI Simon stated standard protocol would have dictated he read the allegations, the BPD offense report and the instructions from supervision in FSEN prior to completion of his investigation. He stated the format of the intake report he would have seen in 2013 would not have had the narrative outlining the bleach allegation and that this would have prompted him to focus solely on the “family violence” as listed under the “maltreatment code” of the intake report, Simon did state that the bleach allegation would have been listed somewhere in the report for his review during his investigation. While Simon states he did not see the bleach allegation in the intake report, he did admit that he would have seen the allegation in the BPD report as well as he would have read in Director Lancsarics instructions to him in FSFN to address the bleach allegation. Simon admitted that he overlooked or missed the allegation that Janiya Thomas may have had bleach thrown on her and that he did not investigate that allegation before closing the case. 19MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young Upon reviewing CPI Simon’s final submission of his report, Simon’s supervisor Linda Young reviewed the report and sent it to a second party reviewer. The FSEN record provided by Young shows that Simon submitted his report for final approval on 12/17/2013 at 4:24 PM. The record shows that Young completed the review and sent it for a second party review on 12/18/2013 at 2:35 PM. Young essentially approved the report without noting any needed changes before sending it to Robert Wilson, who was at that time a CPS Supervisor, for a second party review. Linda Young stated during her sworn statement that she didn’t remember specifically approving the report but when asked she stated “There’s a possibility I could have approved it without catching that, that one phrase, yes.” The FSFN document showing the second party review displayed the report was sent to Robert Wilson for second party review on 12/18/2013 at 2:35 PM. The record shows the second party review was completed by Wilson the same day at 4:52 PM at which time Wilson noted no changes in the “further actions needed” field. In his swom testimony, Wilson stated he missed the allegation of the bleach being thrown on Janiya when he completed his second party review, When asked as a second party reviewer, would he have looked at the previous comments in the system that the other reviewers had entered when completing his review, Wilson stated in “best practice” that’s what he should have done. He stated at that time he 20MANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young was task loaded with his own people to supervise and he was also preparing to teach a class of new CPS personnel. He stated “So I can’t tell you that on every time I did a second-party review, you know, I trust the judgment of my peers the times that they are ensuring whatever needed to be done was done.” Wilson also offered that while the allegations were not directly addressed he noted that the hotline coded the maltreatment as “family violence” and they (hotline operator) must not have felt the bleach allegations rose to the level of adding it to the maltreatment. Wilson stated however, that it is best practice to address all of the allegations in the narrative to include in this instance the bleach allegations, All parties involved in this case; Simon, Young and Wilson all lean on the fact that the case was coded as “family violence” as well as they indicate theirs was a work environment which had high case loads and at times, difficult deadlines, This does not detract from the fact that on Simon’s behalf, the allegation that Janiya had been exposed to bleach and that it may have discolored her skin was noted at least 3 times in the documentation provided to Simon during his investigation. It also does not excuse CPS Supervisors Linda Young and Robert Wilson from failing to note that Simon submitted his report without thoroughly investigating all of the allegations listed in the complaint to the abuse hotline. All parties in this case were aMANATEE COUNTY 1A 2015-10056 SHERIFF'S OFFICE CPI Troy Simon PROFESSIONAL STANDARDS CPSS Linda Young neglectful in their duties by not ensuring that the case was investigated thoroughly and all allegations addressed. 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 2