THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, July 28, 1994 TAG: 9407280528
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 65 lines
A 4-year-old girl whose mother punished her by putting her in a linen closet is suing a state agency for not investigating her case quickly enough, despite a judge's order to do so.
In November, the girl's father complained in court about his daughter's abuse, and a judge ordered the Social Services Department to investigate. But the agency waited two months, until it received an independent tip.
Agency officials later said they thought the case was a low priority. As a result, Judge Frederick P. Aucamp of Juvenile and Domestic Relations District Court publicly scolded agency officials in February during a contempt hearing against Social Services.
The mother and her boyfriend were charged with child neglect and abduction. The mother was sentenced Monday to 2 1/2 years in prison. The boyfriend's trial is scheduled for August.
Now, the girl, Melonie E. Russell, is suing Social Services, through her father, Ronald C. Russell Jr. The lawsuit, filed Friday in Circuit Court, accuses the agency of causing her ``great pain and mental anguish'' because of its negligence. It asks for $500,000.
``I think a court order requires you to do something without discretion,'' said the girl's attorney, O.L. Gilbert of Norfolk.
But department director Daniel Stone said his agency will fight the lawsuit. He had no other comments. ``We just have to let the courts deal with it,'' Stone said.
Beyond the obvious issue - did the agency investigate the father's abuse complaint quickly enough - the lawsuit raises another issue: Is Social Services immune from a lawsuit, as many government agencies are? Gilbert expects Social Services to raise this issue as its main defense.
The controversy began in January when investigators found that the mother, Mercedes ``Chris'' Russell, 24, had been punishing her daughter by putting her in a small box inside a linen closet. The box was 35 inches high, with an opening for the girl to peer out. She is 43 inches tall.
The girl is now in foster care. Her father, a 28-year-old auto mechanic, lives in Virginia Beach.
In court, Social Services officials acknowledged that they took two months to investigate the case, but said they did not know it was a high priority. Judge Aucamp did not buy that explanation.
``If I order something, I expect it to happen in a reasonable time,'' Aucamp said. ``Maybe it's just the system over there (at Social Services). . .
Aucamp did not hold the agency in contempt of court. Instead, the department agreed to investigate cases when it is ordered to do so and to report back within a reasonable time, preferably a week.
Afterward, Stone said he was not happy with the judge's action, but his department would try to cooperate. He said he still believed the case had been handled correctly. ILLUSTRATION: Photos
Ronald C. Russell Jr.
Mercedes Russell
KEYWORDS: CHILD ABUSE SUIT VIRGINIA BEACH SOCIAL SERVICES DEPARTMENT by CNB