Search Results : Tom Sullivan

May 092016
 
Tom Sullivan - Regional Administrator ACF

The BIA and ACF in Washington DC have finally accomplished their goal of firing Tom Sullivan for his persistent reporting of physical and sexual abuse of children on many reservations – most specifically Spirit Lake.

Our DC Bureaucrats are entirely unaccountable. When people get fired for actually doing their jobs, is it any wonder that so many federal employees are reluctant to stick their necks out against the status quo?

(Read some of the past documentation:)

  • Defender of Abused Children about to be fired by DC Superiors for refusing to shut up about rampant sexual abuse –
  • SEXUAL ABUSE OF CHILDREN – Endemic on Many of our U.S. Indian Reservations –
  • ACF Regional Director Blowing the Whistle on Child Abuse –
  • ACF Director Tom Sullivan Suspended –
  • May 6, 2015 Termination letter:

    Download (PDF, 758KB)

    Mar 312015
     
    Lauryn Whiteshield, July 19, 2010 - June 13, 2013

    Tom Sullivan, recently suspended for purportedly not filing correct ‘Leave of Absence’ forms following major surgery, responds to his superiors and calls them out on the REAL reason for their vindictive indictment of him – the fact that he won’t keep quiet about the abuse of children at Spirit Lake… (bold added)

    PLEASE SHARE THIS – with friends, family – and very importantly, with your Congressmen. Ask them to help Tom. We NEED to stand up for and protect government workers who are trying to do their jobs with honesty and courage.

    https://files.acrobat.com/a/preview/c889cab0-486a-480f-97c4-ee07bb4f4014

    —————————————-

    Ms. Mcmullen:

    This is in response to Mr. Murray’s March 23, 2015 letter threatening me with a 14 calendar day unpaid suspension.

    As usual his letter is short on facts and long on bureaucratic nitpicklng. The following facts are incontrovertible evidence of his bias against me:

    1. Mr. Murray says nothing about my hip replacement surgery, major surgery with substantial potential for significant, adverse effects • a pulmonary embolism being one of the primary ones;

    2. Mr. Murray says nothing about the last year When every step I took with my bone-on-bone hip was excruciatingly painful, necessitating the limited ingestion of powerful pain medication during the last few months pre-surgery. As a friend told my wife in October, 2014, after observing me walking, “From the look on his face I can tell every step he took was pure agony.” Even though my painful walking was apparent lo anyone with eyes to see, Mr. Murray never mentioned the possibility of Reasonable Accommodation lo me as required;

    3. Mr. Murray says nothing about the fact that my hip was initially damaged in a workplace accident:

    4. Mr. Murray libels me as he has done in the past still refusing to answer my earlier request (seven months ago) to provide factual data justifying his libelous statements or apologize In writing for writing factually inaccurate statements about me;

    5. Mr. Murray says nothing about the fact that I am a whistle blower and that his actions against ma are nothing more than raw reprisal for my whistle blowing;

    6. Mr. Murray says nothing about his non-compliance with regulations requiring him to notify me about my options under “Reasonable Accommodation” as soon as he observed my painful walking or when he learned about my surgery on February 24, 201S;

    7. Mr. Murray says nothing about his premature denial of my Reasonable Accommodation request even before receiving a recommendation from the Federal Occupational Health Office;

    8. Mr. Murray says nothing about my surgeon clearing me for work from home more than two weeks all<), before he denied my request rot a Reasonable Accommodation, while he demands that I not work and take leave when there is absolutely no medical reason preventing me from working; 9. Mr. Murray says nothing about his reprisals against me over the last two years for my whistle blowing; 10. Mr. Murray fails to mention that even though I believe his March 17, 2015 email to me is a prohibited personnel practice, as defined by the Office of Special Counsel, reflecting his retaliatory reprisal against me, I have complied with all of his requirements, stopping all telework activities as he demanded and taking leave on every work day; 11. Mr. Murray fails to mention that even if I use up all of my accumulated leave that I can apply for inclusion in the Donated Leave Program or request Advanced Sick Leave - a program made available to me in my first year of federal employment, when I had only Career-Conditional status as an employee of the Department of Health education and Welfare. I believe a supervisor is obliged by regulation to counsel his staff about such options Page 2 of 2 whenever they clearly have a medical problem even if they have said nothing to him about it;. Given the 11 factual failures of Mr. Murray, it is strange that I am being threatened with a 14 calendar day unpaid suspension and that Mr. Murray continues, thus far, to escape any censure for his failures. But you, Ms Mcmullen, have been several orders of magnitude worse than Mr. Murray in your retaliatory actions against me.

    You have sought to force my agreement with you that the placement of young American Indian children in the homes of sexual predators. available to be raped or sodomized daily, is not a problem.

    You have sought to force me to agree that all was OK when children’s stories about being abused that were brought to my attention by my Sources and which I referred to you for follow-up were not being investigated by either tribal social services, tribal or BIA law enforcement or the FBI.

    You have sought to force me to endorse the former US Attorney from North Dakota’s position that a 12 year old little girl who had just turned 13, home alone, had consensual sex with a 38 year old man. Where in this country is sex between a 12 or 13 year old little girl and a 38 year old man not statutory rape?

    Your actions have prevented me from speaking with either the media or members of Congress in clear and direct violation of the Whistle Blower Protection Act es amended.

    My whistle blowing has properly characterized what you have done and continue to do. Even so you have appointed yourself as judge and jury in this matter. You fancy yoursalf as an independent arbiter. You are neither.

    You are a party to this matter, a party who is deeply interested in silencing me by whatever means, including reliance on the prohibited personnel practices as defined by the Office of Special Counsel.

    With every email and letter you write you expose yourself and your retaliatory reprisals against me for more and more to see and understand.

    Your cavalier disregard for the welfare of the American Indian children at Spirit Lake and all across Indian Country has established a broad and deep record comparable to those that existed at Penn State and in the Catholic Church before their transgressions against children began to be revealed.

    I therefore, request that the threatened 14 calendar day unpaid suspension not be applied to me since there is nothing on the record to justify it.

    Thomas F. Sullivan
    Regional Administrator, ACF, Denver

    Mar 262015
     
    Tom Sullivan - Regional Administrator ACF

    We believe ACF Regional Director Tom Sullivan is being punished – not for minor paperwork infractions related to his recovery from surgery as claimed in the letter below, but because he has strongly spoken out against his DC superiors in attempt to protect the children of Spirit Lake and other reservations.

    It is ironic that these same superiors paid absolutely no attention to the paperwork he had submitted concerning the number of children currently living with known sexual offenders. But heaven forbid he not turn in a form related to his medical leave of absence.

    Even more ironic is that forms related to National Security within the State Department have apparently been passed off as non-essential by many in the current executive branch of government.

    But heaven forbid a lower-level manager, known for telling the truth, fail to (gasp)…dot an ‘i’.

    His absence due to hip surgery appears to be a convenient opportunity for his superiors to finally “punish” him.

    Please contact your congressional delegation and ask them to protect this brave and honorable man.

    Letter from DC ACF Acting Director James Murray to Tom Sullivan:

    (https://files.acrobat.com/a/preview/9b0b4460-d9e3-40b5-8ca0-8a9d3aff6d54)

    DATE: March 23, 2015

    FROM: James Murray
    Acting Director Office of Regional Operations

    .TO: Thomas Sullivan Regional Director

    SUBJECT: Notice of Proposed Suspension (Fourteen Days)

    You are hereby notified that it is proposed to suspend you from duty with out pay for a period of fourteen calendar days, from your position as Regional Administrator, Denver Region VIII, GS-15, in the Department of Health and Human Services, Administration for Children and Families (ACF). This action is initiated pursuant to Title 5 USC Part
    752, which.affords you the right to make an oral reply and/or to submit written material
    to the deciding official named below, before a decision is rendered. You will remain in a .
    duty status until a decision has been rendered by the deciding official named herein. The reason for this action is as follows:

    Charge #1: Failure to Follow Proper Procedures for eave Notification and Requests. The Agency records show that you were on approved Annual arid Sick Leave from
    February 9 to February 20, 2015. You were scheduled to return to duty on Monday
    February 23, 2015. On February 24, 2015, Marrianne McMullen, Deputy Assistant Secretary for External Affairs addressed an e-mail message to various officials including you. The message was intended to set up visits to two regions including the Denver region. In the e-mail, Mrs, McMullen asked about your availability for th.e week of March 16 to 20, 2015.

    You responded to Mrs. McMullen by e-mail at 2:43 pm on February 24, and copied me. Your message reported that you “had hip surgery one week ago today.” You indicated that it was unlikely that you would be cleared to travel ta Denver for the meeting during the week of March 16 to 20, 2015.

    Mrs. McMullen replied promptly to inquire how long you would be on leave and who is acting in your absence. You replied to state that the length of leave is contingent on the surgeon’s approval and you would return when he cleared you,

    You did not request leave as required. You did not notify me that you were going to be absent. Neither did you submit any leave request in ITAS. You failed to follow basic and standard procedures for notifying your supervisor of the absence and requesting
    leave as required. I determined that your total disregard for such basic and necessary

    Page 2-

    procedures cannot be condoned. HHS leave regulations found in the HHS Instruction • 630-1 requires that employees normally must notify Management of absences, and submit appropriate leave requests in advance. In cases where advance notice is unforeseeable,employees are required to notify the supervisor of absences and make a request for leave no later than one hour after the scheduled reporting time on any given day.’ As a Regional Administrator in a senior position of authority, you must have known or should have known of these basic and standard requirements. The fact that you elected to ignore or disregard the !eave procedures is very disturbing, in light of your position as a senior and experienced management official. Several days elapsed after the e-mail exchange on February 24, 2015. You did not subsequently notify me of an approximate date of your return or make a proper request for leave, indicting the leave type and the expected duration. Neither did you submit any medical documentation to substantiate the absence.

    On March 5, 2015, I sent you a “Directive to Comply.” I reminded you of the HHS regulations which require employees to notify their supervisors of absences and employees’ responsibility to request leave. I cautioned you that failure to comply with the applicable leave procedures may result in appropriate corrective action and/or a charge of absent without leave (AWOL). I specifically directed you to submit a leave request for the period of your absence commencing on February 23 through the date that you anticipate returning to duty. In addition I instructed you to furnish acceptable medical documentation to substantiate the request for Sick Leave or Annual Leave in lieu thereof. Finally, I directed you to comply with the instructions no later than March 12, 2015, to avert a charge of AWOL and for appropriate corrective action.

    You replied to me on the same day, March 5, 2015. You relayed a copy of an e meil message you addressed to the Region VIII timekeeper, CarolDelgado at 4:26 pm on March 5, 2015. Your message to the timekeeper indicated that you requested Annual Leave for partial day absences on February 23 thru March 1, 2015. You claimed that you were working six to seven hours per day during that period. You further stated that you worked eight hours per day on March 4 to March 6. In this regard, your actions are a flagrant violation of several applicable regulations and standard procedures. You did not request to perform Telework and for notify me of your intention to do so. You do not have a current telework agreement and you are not approved to participate in the Telework Program. It is very disconcerting that you demonstrated such a total disregard for compliance with the Agency’s Telework policies. The manner in which you took it upon yourself to allegedly perform work at a remote site, without even notifying me and/or any of your superiors constitutes a grave offense. Your conduct demonstrates a total disregard for the Agency policy and applicable regulations, which you are charged to uphold and enforce. In addition, your actions evince stark disrespect and lack of consideration for your supervisors. In addition, your assertions that you were working every work day between February 23 and March 5, 2015 were submitted and advanced after the fact. You had an obligation to notify your supervisor that you intended to work at a remote site and to obtain approval in advance. You elected not to do so. Your
    notice to the timekeeper and to me was in fact retroactive, coming as it did on March 5, 2015, apparently in response to my directive issued to you earlier that day.

    Page 3-

    In light of all the facts noted above, and in the absence of any evidence to the contrary, I cannot approve or verify that you worked at a remote site on the dates you cited and I cannot properly certify or verify the work hours as such in the Agency time records. In consideration of the foregoing, I am proposing to suspend you from duty without pay for a period of fourteen calendar days. This action will promote the efficiency of the federal service.

    Penalty Analysis and Considerations:

    The offenses you committed namely, incurring a period of absence without notification to your supervisor and without making a request for leave is a clear failure to comply with a HHS Leave Regulations. In addition, based on your own assertion, you it
    upon yourself to perform work at a remote site, without notification and /or approval from your supervisor and without the benefit of a current telework agreement In doing so, you showed a blatant disregard for the same regulations which you are charged to uphold. As a senior member of management in your role as Regional Administrator, it is expected that you enforce and uphold the Agency’s policies. It is further expected that you will serve as a model for compliance with the same. The manner in which you disregarded these regulations was in violation of the HHS Standards of Conduct and showed your disrespect and lack of consideration for your managers.

    I considered the severity of your actions and the effect upon your ability to carry out your duties and responsibilities. Your actions have eroded my confidence in you and your ability to uphold and enforce the leave regulations, which is a requirement of your position as Regional Administrator. In addition, I considered your prior disciplinary record. You sustained a three day suspension in August, 2014 for the charge of Improper Conduct. The instant. proposed action is therefore proper and progressive. I determined that the degree of discipline is !he minimal action necessary to the deficiencies and to serve as a deterrent factor. The proposal is in keeping with the recommendations in the ” HHS Disciplinary Guide”.

    You and/or your representative may review the material relied upon to support the reasons for this Notice, by contacting Garfield Tavernier, National Labor Relations Officer at (202) 260-6697, between the hours of 9:00 am and 4:00 pm Monday thru Friday. If you do not understand the reason for this Notice, contact Mr. Tavernier further explanation.

    I would like to remind you that the Employee Assistance Program (EAP} provides professional and confidential services to assist employees with a variety of personal issues or problems. If you believe that EAP could be of assistance, you are urged to contact them on 1-800-222-0364.

    You and/or your representative may answer this notice within fourteen (14) calendar days of your receipt thereof, either in person or in writing, or both, before Mrs. Marrianne McMullen, at the Aerospace Building, 901 D Street SW, Washington DC, between the hours of 9:00 am and 4:00 pm Monday through Friday. You and/or your representative may also furnish affidavits or written material to Mrs. McMullen within fourteen (14) calendar days of your receipt of this Notice. You will be afforded a reasonable amount of official time for the above purpose,if you are otherwise in a duty status. After the expiration of the time limits for reply, all of the facts, including any reply you or your representative may submit, will be given full consideration before a final decision is rendered. You will receive a written decision from Mrs. McMullen.

    Acknowledgement of Receipt

    Your signature below is only an acknowledgement of receipt. lt does not indicate your agreement with the content By signing below you will not forfeit any rights you are entitled. Failure to sign will not stay the action.

    Thomas Sullivan
    (Signature and Date)

    Jul 052014
     

    July 1, 2014

    Ms. Mcmullen:

    It is unfortunate that neither the leadership of my agency nor my department had the courtesy to inform me that I had been invited by the House Subcommittee on Indian and Alaska Native Affairs to testify about conditions on the Spirit Lake Reservation at the Subcommittee’s Hearing on June 24, 2014.

    Associate Commissioner Chang’s testimony was, at best, confusing where it was not false. In the second sentence of her prepared testimony she speaks about the Administration’s concerns about child safety and well-being at Spirit Lake. Finally, after more than two years, 13 Mandated Reports and numerous emails to ACF leadership about the lack of safety for Spirit Lake kids, someone, other than me, is saying safety of children is of concern. Of course that contradicts an exchange I had with Mr. McKearn, Director of the Office of Legislative Affairs and Budget for ACF, back in July, 2012 when I was told that the safety of kids at Spirit Lake was not a priority. I guess the leadership of ACF never has to explain their position nor apologize when that position is proven wrong.

    Ms. Chang’s claim that BIA has addressed, “…most notably the safety checks prior to placement” is simply false. If the BIA had addressed the safety checks prior to placement, Laurynn Whiteshield would be alive today, soon to celebrate her fourth birthday with her twin sister, Michaela. Instead she has been in the ground for more than a year, dead at the hands of her step-grandmother, who, it was well-known by most families on Spirit Lake, beat and abused her own children so badly they were removed from her home.

    Ms. Chang goes on with the assertion about the strengths at Spirit Lake, saying, “Perhaps the most important strength is the commitment of the new leadership under Chairman McDonald and the work of the BIA.” Early on in this process the BIA and Tribal leadership were presented a list of 137 children who were in uncertain placements or unaccounted for at that time. At the Subcommittee Hearing Ms. Merrick-Brady, the Acting Director of Spirit Lake’s Tribal Social Services, explained that 66 children had been found and accounted for. That means that after 13 Mandated Reports, numerous detailed, factual emails about continuing abuse of children at Spirit Lake, 21 months after the BIA Strike Team arrived with much fanfare and ten months after Chairman McDonald was elected Chair there are still more kids unaccounted for than accounted for. How many of these unaccounted for children have been trafficked into the man camps of the Bakken oil fields, just a few hours down the road from Spirit Lake? If the safety of the children of Spirit Lake is our top priority, this performance should be called what it is, “weak and inadequate”.

    Most witnesses at congressional hearings are told that if they don’t know the answer to a question, there is no problem in saying so and offering to provide the information requested in a few days. When asked a question about how often I had been at Spirit Lake, Ms. Chang seemed eager to offer her lying answer, saying that I had never been there, giving the impression we had discussed that question just the night before. Ms. Chang has never sought me out to ask me any question of any kind. Why would a woman of her stature lie so blatantly about me? Was she seeking to tarnish my reputation? As I cautioned the Spirit Lake Chair in an email last week, quoting the late Daniel Patrick Moynihan who frequently said, “Everyone is entitled to their own opinion, but not his own facts.”

    I have been to Spirit Lake three or four times in the last four years. Prior to that time each year I routinely met a couple of times a year in Bismarck with all of the child welfare directors from the four North Dakota reservations. I attended their meetings, spoke when asked and sought to assist them to develop more productive relationships with state human services staff to assist them in reducing their caseloads per worker to the levels prevalent in the majority community.

    Thomas F. Sullivan Regional Administrator, ACF, Denver

    Jul 052014
     

    June 25, 2014

    Chairman McDonald:

    It was quite interesting to listen to your testimony and response to questions yesterday. I was reminded of the famous quote from the late Daniel Patrick Moynihan, who frequently said, “Everyone is entitled to their own opinion, but not his own facts.”
    There were three points where your opinions expressed as facts are so egregious that I must respond specifically to each of them.

    First, you claimed that, during our meeting here in Denver in early April of this year, you had offered me a job at Spirit Lake. This subject never came up during my conversation with you. If it did, I would be prohibited under federal conflict of interest requirements from accepting such a post-federal employment position.

    You are Chair of the Spirit Lake Council because the prior Chair was removed due to the community’s perception he was totally ineffective in dealing with the child protection issues at Spirit Lake. When we met you had been Chair for 7 months and as far as my sources and I were concerned we saw no discernible improvement in the safety of the Spirit Lake children who I had been complaining about, at that time, for 22 months. My sources have been complaining about the treatment of Spirit Lake children for several years before I arrived on the scene.

    I learned just last week that, by your silence, you are apparently endorsing a tribal judge’s refusal to extradite a Level 3 Sex Offender, who has already served a lengthy sentence for his vicious rape of a teen girl, to Ramsey County to stand trial on four felony indictments for child sexual abuse. You failure after seven months in office, to protect the children who had been moved into the full-time, unsupervised care and custody of addicts, abusers and rapists where they are available to be raped daily, I believe, is unconscionable and, if the subject of employment had been raised, would have elicited an extremely loud negative response from me, a response that would have been heard not only by you but also by anyone within 30 feet of our conversation. Under no circumstances would I allow my character and integrity to be used as a cover for your failures to effectively address the abuse and rape of Spirit Lake children. Did you think that somehow you could shield yourself from public scrutiny by hiding behind my well-known reputation for integrity and honesty built over more than 45 years of professional experience, much of it spent rooting out abusive situations such as you seem to wish to protect? Your continuing refusal to speak publicly against your tribal judge’s refusal to extradite this violent rapist moves you, I believe, into the ranks of the criminally corrupt.

    I have spoken to a good friend, a long-time tribal council-member from another state in this region, who knows you and who was horrified at your willingness to shield this rapist from trial in Ramsey County and who also said he would try to speak with you about the foolhardiness of your position.

    Second, you claimed that during our meeting you had asked me why I had not filed any 960s with the appropriate tribal offices and claimed I had no answer. I told you that I had been receiving widespread complaints from Indian Health Service employees, former Tribal Social Services staff, former Tribal court staff, all stating that when they filed 960s they were ignored and thrown away, that no action was taken on them no matter how serious the problem complained of was. I went on to tell you that under these circumstances I believed it was unlikely that anything different would happen to any 960 that I filed. You have to admit that if I had not filed 13 Mandated Reports, but instead only filed 960s, yesterday’s hearing probably would not have happened.

    Third, you claimed that during our meeting you asked me why I had not responded to your letter to me and claimed that I had no explanation. During our meeting I explained to you that when I received and saw your letter in my Denver office, Ms. Mcmullen had already pre-empted my response with a response of her own. Somehow, your letter to me took several days longer to arrive in Denver than it took to get to her in Washington, DC. The US Postal Service is full of surprises but I believe you followed the practice of your predecessor who when he sent a letter addressed to both the Acting Assistant Secretary, based in Washington, DC, and to me, he held mine for several days so that, his complaints about my efforts to address the child abuse, rape and torture of kids at Spirit Lake, at least for a few days would go unchallenged by me since I knew nothing about his complaints. I told you I believed you were doing the same thing and that I found that offensive. You had no response to my reconstruction of what you had done. I also told you that since Ms. Mcmullen had responded to your letter to me so promptly, effectively removing me from any substantive involvement with issues at Spirit Lake, no response from me was appropriate.

    I trust that in the future you will exercise more care in your future statements about me so that you differentiate more precisely between what is fact and what is only your opinion.

    Thomas F. Sullivan Regional Administrator, ACF, Denver

    Jun 102014
     

    ———- Forwarded message ———-
    From: Sullivan, Thomas (ACF) Date: Tue, Jun 10, 2014 at 10:37 AM
    Subject: Criminal Corruption Reaches New Heights at Spirit Lake
    To: “Mcmullen, Marrianne (ACF)”
    Cc: “Greenberg, Mark (ACF)” , “Murray, James (ACF)” <[email protected]>

    Ms. McMullen:

    One month ago I wrote a four page email documenting the level of control exercised by the criminally corrupt at Spirit Lake.

    This was not the first time I had raised their control over events at Spirit Lake. Almost two years ago, in my First Mandated Report, dated June 14, 2012, I quoted favorably from a letter composed by former Tribal Judge Molly McDonald who had written, “I grew up on this reservation and witnessed many acts of violence and abuse. This is normal to us. Our tribe has adopted this as a way of life, violence and hopelessness. When does the cycle end?…The abuse is reported but nothing is done by Social Services or Law Enforcement. Where do we go from there?…. Please consider that if an investigation had been done, many children could have been saved from further abuse, and possibly, they would have been alive today…..our tribe is attempting to cover up these issues that plagued our reservation for many years……Whatever picture our tribal council or chairman want to paint, it simply is not the case. There is a dire need for professionals …that know their boundaries and will not overlook issues at the request of Tribal Council.”

    When former Tribal Judge McDonald wrote that letter in the Spring of 2012, the criminally corrupt controlled the levers of power at Spirit Lake. They still do. Now, however, after going unchallenged by anyone in authority for so many years, they may have gone too far for most responsible people.

    In item # 2 in my December 19, 2013 email to you I referenced the allegation that a 13 year old little girl was being raped by a known sex offender, that this had been reported to the Tribal Chair and Council, BIA and Tribal law enforcement. The child’s non-custodial father was told by the BIA that they would not be able to investigate this allegation for another thirty days at the earliest. I have periodically referenced this child’s situation in my subsequent emails to you. To my knowledge, more than 6 months after this allegation was first reported to the BIA, no investigation has yet been conducted. This is how innocent victims are treated at Spirit Lake! Would such a failure to investigate these allegations, to stop the abuse and to protect the innocent victim be tolerated in Devils Lake, ND, the nearest off reservation majority community?

    Clearly the criminally corrupt do not control Devils Lake. Even though the alleged rapist, referenced above, resides on the Spirit Lake reservation, the State’s Attorney for Ramsey County (Devils Lake is the county seat for Ramsey County) has obtained four felony indictments against this man for child abuse, endangerment for actions he engaged in off the reservation in Ramsey County. My sources and I suspect these indictments are for child sexual abuse but have not thus far been able to obtain confirmation of our suspicions. Nevertheless, these are felony level charges involving the abuse of a child. I believe most thinking adults, knowing this, would consider those to be serious charges. This is not an opinion held by the Spirit Lake leadership because they are refusing to allow this alleged rapist of a 13 year old little girl, the subject of four felony indictments involving child abuse, to be extradited to Ramsey County.

    Apparently this is how it works at Spirit Lake: the allegations of little girls who report they are being raped are ignored while their alleged rapists the subject of four felony indictments for child abuse is shielded from the law. If this isn’t a new extreme in criminal corruption what is?

    Thomas F. Sullivan
    Regional Administrator, ACF, Denver

    Apr 042014
     
    Tom Sullivan - Regional Administrator ACF

    > From: “Sullivan, Thomas (ACF)” > Date: April 4, 2014 at 10:45:46 AM CDT
    > To: “Mcmullen, Marrianne (ACF)”
    > Cc: “Greenberg, Mark (ACF)” , “Chang, Joo Yeun (ACF)” <[email protected]>, “Sparks, Lillian (ACF)” , “Kennerson, Marilyn (ACF)” , “Murray, James (ACF)” <[email protected]>
    > Subject: CB team to Spirit Lake
    >
    > Ms. Mcmullen:
    >
    > Thank you for your email response to my questions.
    >
    > You have assembled quite an impressive team to go to Spirit Lake. I am confident that team will be able to put together equally impressive “guidance to the tribe on what steps they need to take to establish a functional child welfare system.”
    >
    > Two aspects of this effort are of concern to me. First, it is unfortunate that this effort comes almost 22 months after my First Mandated Report was filed on June 14, 2012. Spirit Lake Social Services (TSS) was in disarray then and has not improved its capacity to respond to the child welfare needs of its youngest citizens in the interim despite claims to the contrary by the state, BIA, DOJ and the leadership of ACF.
    >
    > Second, there is no mention of any effort to evaluate the current condition of those 100+ children I wrote about in that First Report who had been placed in the full-time care and custody of abusers, addicts and rapists. That number has probably more than doubled in the intervening 22 months as more children were removed from their biological homes by TSS or BIA staff. How many of these 200+ children are being tortured in the same manner as the six children removed from their grandmother’s home in Grand Forks and reported in the online edition of the Grand Forks Herald on the evening of March 20, 2014? How many are being raped like that 13 year old little girl who I first brought to your attention more than 100 days ago? That young girl’s claims of rape have still not been investigated by the BIA more than 3 months after this situation was first reported to the Spirit Lake tribal chair and council, the BIA and you. It is my understanding this little girl remains in the same placement available to be raped daily by a Level Three Registered Sex Offender. Why is the statutory rape of this little girl, an enrolled tribal member, allowed to continue by the tribal chair and council?
    >
    > The delays in removing these children from those abusive homes have been caused by the libel and slander directed at my sources and me. These delays are unconscionable because they required and continue to require all of these Spirit Lake children to remain in the care and custody of abusers and rapists, available to be tortured and/or raped daily. Are there any people at Spirit Lake or in North Dakota with a conscience?
    >
    > One former senior tribal employee has recently reported to one of my sources that when she started working for the tribe she was told by her supervisor that everything we were reporting were lies. She told my source, “Now, I not only know you weren’t lying, but I also know that all of you have been understating the facts. It is far worse for kids at Spirit Lake than anything you have been saying.”
    >
    > I understand this former senior tribal employee briefed the tribal chair in these same terms several weeks ago. Since he knew our reports were being characterized as “understatements” and that, “It is far worse for the kids at Spirit Lake than anything (we) have been saying.”, why has he taken no action to help those Spirit Lake children escape the grip of those who abuse and rape them?
    >
    > The second paragraph of your March 31, 2014 email seems to seek to minimize ACF’s role at Spirit Lake.
    >
    > ACF’s 2014 Strategic Plan released almost a month ago states on page one, “….we seek to advance a set of key goals:” followed by five statements of goals, which read:
    >
    > * “Promote economic health and social well-being for individuals, families and communities;
    > * Promote healthy development and school readiness for children, especially those in low income families;
    > * Promote safety and well-being of children, youth and families;
    > * Support underserved and underrepresented populations; and
    > * Upgrade the capacity of ACF to make a difference for families and communities.”
    >
    >
    > Minimizing ACF’s role at Spirit Lake within the context of this statement contradicts the entire purpose of ACF’s 2014 Strategic Plan and makes no sense unless you are attempting to avoid addressing the epidemic of child sexual abuse and child/youthful suicide at Spirit Lake. Why would any responsible government leader wish to avoid dealing with such widespread dysfunction that is well-known to have disastrous consequences for children, their families and communities? To do so would effectively negate every one of the “key goals” from ACF’s own 2014 Strategic Plan, at least at Spirit Lake. Is that what you intend?
    >
    > You ask for some information from me to assist you as you prepare for this visit.
    >
    > I find this especially ironic since when you were claiming I was misrepresenting the facts at Spirit Lake, that conditions there were not nearly as bad as I claimed and that the BIA and DOJ claims they had investigated every one of my allegations and most were unfounded or false, no one from ACF asked me for any information to corroborate my Reports or provided me with an opportunity to rebut those self-serving claims.
    >
    > First, you ask for a list of the steps I have taken to assist the tribe to improve their child welfare system.
    >
    > When I first learned that all tribes in North Dakota were operating their child welfare systems with caseload ratios of as few as 50 – 60 cases per worker to as many as 100 – 120 cases per worker, I met with the child welfare directors from four of the reservations in North Dakota and encouraged them to begin moving closer to a caseload ratio of 20 – 30 cases per worker. They claimed they had been trying to move in that direction but were refused funding every time the subject came up. They realized they were, in many cases, not compliant with state and federal regulations due to inadequate staffing and were quite fearful of the potential financial penalties that might follow if they did not become compliant.
    >
    > Because of the criminal corruption which continues to dominate the Spirit Lake Child Welfare program, attracting qualified social workers will be next to impossible. Until the leadership of Spirit Lake convinces the public that their CW program is operating and will continue to operate with integrity and transparency, social worker recruitment will be extremely difficult. Only by prosecuting all of those who are abusing, neglecting and raping Spirit Lake children will the public understand that Spirit Lake CW program is no longer controlled by the criminally corrupt. Until that image is implanted in the public perception of Spirit Lake, TSS and BIA will be forced to attempt to address these significant issues with few, if any, qualified social work staff.
    >
    > I regularly met with the leadership of the ND Department of Human Resources to encourage them to increase their support for their tribal child welfare programs. While these meetings were friendly, the Department was unwilling to increase the money made available to the tribes for any purpose. In late 2010 I met with the Spirit Lake Tribal council members, pointed out the problem with inadequate funding for their child welfare operations and encouraged them to lead an effort to increase tribal funding for their CW operations. They took no action that I am aware of and elections soon replaced the tribal Chair with Mr. Yankton.
    >
    > In 2008 Spirit Lake’s director of social services told me he had 46 cases of reported, investigated and confirmed child sexual abuse that had been referred to the US Attorney. He said “None are being investigated and none are being prosecuted.” I encouraged him that, as difficult as it was, he should keep referring confirmed cases to the US Attorney for prosecution. I understand he did but there was no action from that US Attorney or his successor to correct this failure to investigate and prosecute serious crimes..
    >
    > I have filed 13 Mandated Reports, many of which dealt with the inadequate response of law enforcement to crime on Spirit Lake. I would have filed many more if Acting Assistant Secretary Sheldon had not illegally prohibited me from doing so and if Acting Assistant Secretary Greenberg had not, by his silence, apparently endorsed Mr. Sheldon’s actions.
    >
    > I have reached out to partner with non-governmental entities in the development and presentation of educational programs focused on the recognition of, prevention of and rehabilitation from child abuse in Indian Country. These programs have been targeted to child welfare staff working on reservations. The National Center for the Prosecution of Child Abuse (NCPCA) has been especially generous with their time and resources. They have already provided or will be providing, at no cost to either ACF or DHHS, multi-day training sessions on this subject matter in the following Indian Country locations all across this country: Casper, WY; Browning, MT; Aberdeen, SD; Nampa, ID; Albuquerque, NM; Tulalip, WA; Santa Fe, NM; Pojoague, NM; Yankton, SD; Houghton, MI; and Muscatine, IA. Of the 11 locations identified where presentations will be made, only four are in Region 8, less than 40% of these sessions. While concerned about conditions in Region 8, my efforts have also been focused on the larger community in need of training. Those who have participated in these sessions have been very complimentary about their skill development following their participation in these sessions.
    >
    > Before limitations were placed on my ability to address issues like the twin epidemics of child sexual abuse and child/youthful suicide in Indian Country by the leadership of ACF, I spoke frequently to groups in North Dakota, in the other states in this region and all around this country about these issues. In fact, until I first spoke about these issues in 2006, no one had ever dared mention the subject publicly. Convinced the silence protected the predators and harmed children, I decided to make this an issue whenever I could. American Indian audiences were initially put off by my frankness but as they understood my efforts were focused not on stigmatizing them but on finding ways to address these epidemics, bringing resources to begin correcting this situation and bringing healing to their children, I began to receive more invitations to speak on these topics.
    >
    > Since those limitations were placed on me requiring me to get clearance from ACF leadership for any speech I wished to give and since that clearance always involved censorship, removing all substance from my proposed speeches, I have refused to accept speaking engagements where I could not speak honestly about conditions in Indian Country.
    >
    > Second, you ask me to provide a summary of anything I have learned “from other tribes…. that faced similar challenges….List any best practices for establishing a strong child welfare system and any contacts I have that could be resources for……Spirit Lake”
    >
    > That is a mouthful and would take essentially a Doctoral dissertation to answer completely. Unfortunately, I do not have time to do that if I am to meet your deadline. I plan, however, at a later date and on my own time to write several books.
    >
    > Every reservation I have been on, and I have been on most in this region as well as several others outside of this region, are characterized by crushing poverty, many times higher than the rate for the general population. Unemployment levels for generations have been and continue to run at levels not seen in the majority community even during the Great Depression. Alcohol and drug use and abuse are rampant. This abuse is so prevalent that many reservation residents around the Bakken formation cannot qualify for oil field employment because they cannot pass pre-employment drug and alcohol screening. Law enforcement is, on most reservations, non-existent with few officers, little training and little or no professionalism. Domestic violence and rape are rampant. Because children are placed in foster homes of uncertain safety, many children removed from their biological parents when they were drunk, have been placed in homes where they are raped daily, not just at Spirit Lake but on every reservation in this country. What do rapists have to fear when there is no effective law enforcement? Many of these sexually abused children, seeing no hope to escape this horrific abuse realizing the adults who are supposed to protect them will not, choose to end their own lives. On every reservation service needs are high and resources available to respond to those needs are limited.
    >
    > I am not aware of any “best practices for establishing a strong child welfare system”. I am confident Ms. Kennerson and the leadership of the Children’s Bureau are fully aware of such “best practices” if any are in place. Child safety should be emphasized in every decision made in any child welfare system. Nearly three year old Laurynn Whiteshield died at the hands of an abusive, step grandmother whose history of abuse of her own children was well-known to the BIA caseworkers who placed Laurynn and her twin sister in that home. I understand that another young man died in that same home less than two weeks ago. The step grandmother is reported to be in prison serving a lengthy sentence. Who is responsible for this young man’s death?
    >
    > Third, you ask for “a list of national and local partners….who could provide financial, training or technical assistance to Spirit Lake moving forward”.
    >
    > May I suggest all of the members of your team read my 13 Mandated Reports. If you had, you would understand that on pages 5 and 6 of my First Mandated Report, filed on June 14, 2012, at items D – H there is a list of some of those organizations and my suggestions on how they might be used to begin addressing the issues at Spirit Lake.
    >
    > The former Executive Director of the National Center for the Prosecution of Child Abuse, Ms. Suzanna Tiapula, should also be involved in any effort to address the criminal corruption at Spirit Lake.
    >
    > Fourth, you ask for a “list of stakeholders or advocates who can be brought to the table to help Spirit Lake protect their children.”
    >
    > On January 20, 2014 I provided Ms. Kennerson, by email, with detailed contact information for my primary sources at Spirit Lake. I did so at her request and with the understanding she would be contacting some or all of them during her trip to Spirit Lake scheduled to take place before the end of January. In speaking with my sources, none have been contacted by her. I assume Ms. Kennerson still has that email and can make this information available to you.
    >
    > Whether my sources will be willing to speak with any of you remains to be seen after the disrespectful manner you treated one of them on a telephone call two weeks ago. That was bad enough but then, in a subsequent email, you lied not only about what you said and did but also about what my source said and did during that telephone call.
    >
    > It would be well for you to consider the words of Marvin Bower, Managing Partner at McKinsey & Company for almost twenty years who, in the ‘Will to Lead’ wrote, “Leadership scholars are virtually unanimous in putting trustworthiness at the top of the list of qualities required by any leader. Trustworthiness is integrity in action….Integrity is honesty carried…….into action so that the person is completely honest. That kind of integrity I put above all else as an essential of leadership.”
    >
    > I do not “…feel that (my) previous emails regarding Spirit Lake have not been answered”. I know it for a fact. In a later email I will provide chapter and verse on each of those unanswered emails.
    >
    > Thomas F. Sullivan
    >
    > Regional Administrator, ACF, Denver
    >
    > From: Mcmullen, Marrianne (ACF)
    > Sent: Monday, March 31, 2014 11:52 AM
    > To: Sullivan, Thomas (ACF)
    > Cc: Murray, James (ACF)
    > Subject: RE: CB team to Spirit Lake
    >
    > ACF is looking forward to a productive visit to Spirit Lake next week. Joo Chang will lead a team that includes Lillian Sparks, Marilyn Kennerson and me, and it is our goal to provide guidance to the tribe on what steps they need to take to establish a functional child welfare system.
    >
    > As you know, our jurisdiction here is limited. ACF, through the Children’s Bureau, provides funding and guidance to states, tribes and localities for child welfare agencies. States and Tribes have legal jurisdiction over their courts and agencies and we have no jurisdiction to intervene on individual cases.
    >
    > We do want to do everything we can within our defined role, however. To that end, we need your assistance to prepare for this visit.
    >
    > Specifically, please:

    > – Provide a detailed list of the steps you have taken as Regional Administrator to assist the tribe to improve their child welfare system. Please include the status of each action and any outcomes of those actions.
    >
    > – Provide a summary of anything you have learned from other tribes you may have had contact with that faced similar challenges. List any best practices for establishing a strong tribal child welfare system, and any contacts you may have that could be resources for Spirit Lake.
    >
    > – A list of national and local partners (philanthropies, universities, etc.) who could provide financial, training or technical assistance to Spirit Lake moving forward.
    >
    > – A list of any other stakeholders or advocates who can be brought to the table to help Spirit Lake protect their children.
    >
    > Please send this report by noon Eastern time on Friday, April 4 so that it can be included with briefing materials for the team. Please also include your primary point of contact at Spirit Lake, or any other contacts there we should be aware of.
    >
    > I am sorry you feel that your previous emails regarding Spirit Lake have not been answered; that is not what my records reflect.
    >
    > After the ACF team visit to Spirit Lake, I will let you know of any need for follow-up on your part.
    >
    > From: Sullivan, Thomas (ACF)
    > Sent: Friday, March 28, 2014 5:35 PM
    > To: Mcmullen, Marrianne (ACF)
    > Subject: Re: CB team to Spirit Lake
    >
    > Ms. Mcmullen:
    >
    > Thank you for your email notification about the Childrens Bureau team visit to Spirit Lake on April 9 – 11, 2014.
    >
    > I have some questions concerning this visit: 1. What are the names of those who will be part of this team? 2. Who will be the team leader? 3. What will be the expected outcome of this team’s visit to Spirit Lake? 4. What written instructions will be provided to that team? 5. May I receive a copy of those instructions?
    >
    > I have raised many questions about Spirit Lake to you over the last 21 months, all documented in agency email. Few, if any, have been answered. I trust I will not have to add this email to the “unanswered” file.
    >
    > Thomas F. Sullivan
    > Regional Administrator, ACF, Denver
    >
    >
    > From: Mcmullen, Marrianne (ACF)
    > Sent: Friday, March 28, 2014 04:27 PM
    > To: Sullivan, Thomas (ACF)
    > Subject: CB team to Spirit Lake
    >
    >
    > Hello Tom:
    >
    > I wanted to let you know that the Children’s Bureau is planning a team visit to Spirit Lake April 9-11. The ACF team will talk to various stakeholders, tribal child welfare staff, judges and others. They will use the information gathered to provide clear guidance to the Tribe on what steps need to be taken to establish a successful child welfare agency.
    >
    > Marrianne McMullen
    > Deputy Assistant Secretary for External Affairs
    > Administration for Children and Families
    > U.S. Department of Health and Human Services
    > 901 D. St., SW, Washington, DC 20447
    > (202) 401-9215
    > [email protected]
    > www.acf.hhs.gov

    Mar 212014
     

    Senator Heitkamp,

    I was just informed that the family in the Grand Forks story below is one of the families ACF Administrator Tom Sullivan included in his first Mandated Report, 21 months ago. That report, along with 13 subsequent reports, was ignored by his DC superiors and well as other officials.

    These children in the story below were among the 40 children he had reported removed from safe off reservation care and placed with dangerous relatives on the reservation.

    This appears to be one of the cases which US attorney Tim Purdon, ACF Director George Sheldon, Indian Affairs staffer Kenneth Martin and others said Mr. Sullivan was misconstruing at best – lying about at worst.

    According to the person who informed me – These women will be prosecuted because they moved off the reservation and continued to abuse these children. If they were still living on the Spirit Lake Reservation, all of this would have been ignored by BIA law enforcement.

    http://www.grandforksherald.com/content/grand-forks-woman-charged-felony-abuse-grandchildren

    Again – we don’t need another 3-year task force to tell us again what we all know beyond a doubt to be true – particularly one that will be purposefully stacked with the same type of thinkers who put children into this position in the first place.

    A study was concluded a few months ago by the DOJ and Senator Dorgan is currently doing a tour. Reports on the hearings Senator Dorgan has been holding include story after story of abuse.

    Let me remind you again that my extended family is among the abused – and no one has yet been prosecuted for the shooting of my husband’s grandson at Spirit Lake in July 2013.

    Our fear is that Senator Dorgan’s concluding report will simply call for MORE money to be given to corrupt tribal entities who are using our children as chattel.

    What is needed is for laws to be enforced and children protected. Stop the waste of money and time and protect the kids.

    – Further: Please hold actual oversight hearings concerning allegations that the BIA, FBI, ACF and US Attorney’s offices are ignoring the abuse of children. Either prove Mr. Sullivan is wrong that federal officials have been throwing children under the bus – or apologize to him for the way he has been treated by DC superiors.
    I have been away from DC for a few months visiting families across the United States, but will be returning to DC shortly to continue our push for relevant and immediate action.


    Elizabeth Sharon (Lisa) Morris
    Chairwoman
    Christian Alliance for Indian Child Welfare (CAICW)
    PO Box 460
    Hillsboro, ND 58045
    [email protected]
    http://caicw.org

    Twitter: http://twitter.com/CAICW ( @CAICW )
    Facebook: http://www.facebook.com/fbCAICW.org