HORRIBLE CHILD ABUSE BLAMED ON ARIZONA AGENCIES
After Arizona?s Department of Child Safety placed a toddler with a man who ran a ?pornographicpedophile ring? out of his home, it moved her to a home where the foster mother burned her withscalding water over 80 percent of her body, the little girl?s guardian claims in court.
Fleming and Curti PLC, court-appointed guardian of Jane Doe, sued Arizona, its Department ofChild Safety, other state agencies, the Christian Family Care Agency and a host of otherinstitutions and people, in Pima County Court.
The Department of Child Safety, formerly Child Protective Services, removed Jane Doe from herbiological mother?s home in 2013, when she was 2, and placed her with David and Barbara Frodsham, astate-licensed foster home, according to the June 16 lawsuit.
The state allowed Jane to stay with the Frodshams for 18 months, despite her biological mother?scomplaints of ?Jane Doe?s repeated documented urinary tract infections,? the complaint states.
?Instead of investigating Jane Doe?s biological mother?s concerns of abuse, [DCS] and thedefendant caseworkers accused her of making false and exaggerated reports to DCS,? according to thecomplaint.
The state did not act until David Frodsham, driving drunk, left 3-year-old Jane and anotherchild in his parked car while he was collecting his foster parent check in a state office, while?visibly drunk and acting belligerent.? Police were called and found Frodsham had a .28 bloodalcohol concentration. They removed Jane from his care but did not investigate his home, thecomplaint states.
It continues: ?Later, David Frodsham was arrested and accused of sexual misconduct with a minor,procuring minors for sex, and possessing and/or manufacturing child pornography. Law enforcement?sinvestigation revealed a video made by David Frodsham of a 3- or 4-year-old girl being penetratedby an adult male and screaming for her mommy. David Frodsham pled guilty rather than face a trialand has been sentenced to 17 years in the Arizona Department of Corrections. David Frodsham waspart of a pornography ring involving numerous children in his pornography and the procurement ofsex for the ring.? (Citation to sentencing document omitted.)
Four more state and federal cases involving a child placed in Frodsham?s home are pendingagainst him, and more are expected to be filed, according to the complaint.
Unfortunately, things did not improve much when the state moved Jane into the care of Justin andSamantha Osteraas, her guardian says. According to the complaint, ?Defendant Samantha Osteraassubmerged and held down Jane Doe, a 5-year-old, in a bath of scalding hot water. Jane Doe sufferedsevere burns over 80 percent of her body. When police arrived, there was blood on the floor andpiece of Jane Doe?s skin were falling off her body. There were bruises to her neck and arms alongwith other signs of trauma.?
Jane had to be placed in a medically induced coma, suffering from organ failure. She lost hertoes to amputation ?and will undergo lifelong operations to replace 80 percent of the skin on herbody and will need incredible amounts of care for the duration of her life as a result of the abuseshe suffered in the Osteraases? home.?
Samantha Osteraas, 28, was arrested in January this year and charged with child abuse. The statethen removed her three biological children from her home, according to the Arizona Daily Star. Sheis awaiting trial.
Jane?s guardian seeks punitive damages for negligence, respondeat superior, breach of duty,intentional infliction of emotional distress, assault and battery, and constitutionalviolations.
Jane is represented by the Cadigan Law Firm and Carillo Law Firms of Tucson, and by Manly,Stewart & Finaldi in Irvine, Calif.
A DCS spokesperson said the agency does not comment on pending litigation.
Message from Executive Director Laura A. Ahearn: Parents for Megan's Law and the Crime VictimsCenter provides prevention education, advocacy, counseling and other valuable support services tochild and adult victims of sexual assault and to all victims of violent crime. Please visit ourwebsite at www.parentsformeganslaw.org for news, information and resources in your community.