The Courier-Journal from Louisville, Kentucky on July 1, 1992 · Page 6
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The Courier-Journal from Louisville, Kentucky · Page 6

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Louisville, Kentucky
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Wednesday, July 1, 1992
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Page 6
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it 3 U., THE COURIER-JOURNAL, WEDNESDAY, JULY 1, 1992 B 3 Board rules cabinet was negligent in death of child, orders award By DAWN S. ONLEY Staff Writer Almost five years after the death of 2-year-old foster child Brian Myers, the state Board of Claims has charged the Cabinet for Human Resources with negligence and awarded the child's estate $100,000. The board ruled last week that the cabinet should have recognized that Brian was in an abusive situation, and that the cabinet did not "exercise due care" in selecting fos ter parents Janet and Michael Port-man, of Louisville, and supervising Brian's care. Brian died November 27, 1987, in Humana Hospital-Audubon of injuries related to a beating. He was admitted to the hospital three days earlier with a fractured skull. While Brian, who had cerebral palsy, was in the Portmans' care, social workers at various times noticed him having a black eye, bald spots on his scalp and scratches on his face, according to the Board of Claims. ' One social worker, Julie Berman, who visited the Portman home a month before Brian's death, told a supervisor that the child had bruises on his forehead near his left eye, and two scratches on his cheek. Her supervisors, however, agreed to file an incident report instead of an abuse form, according to the Board of Claims. The board's ruling said child abuse was never alleged and social workers were satisfied with Janet Portman's explanations: that Brian hit himself with a toy when he had one black eye, and that he fell and bumped his eye another time. Janet Portman was convicted of reckless homicide and sentenced to five vears of probation and six months in jail. Three months after Brian's death, a report by the cabinet's Office of Inspector General said employees failed to conduct an in-depth investigation after the reported injury. Cindy Stone, an attorney representing Brian's estate and his three siblings, called the board's decision "wonderful" and said the money left after the attorney's fee would be divided among his siblings, who are in foster homes. "It's exactly what these children deserve," Stone said. "We think the cabinet needs to look at its action and be more careful the next time around." The award was the maximum the board could issue. The Board of Claims is a state administrative agency that tries all negligence cases against a state agent or agency. The state has 45 days to appeal the decision. Janet Hoover, a spokeswoman for the Cabinet for Human Resources, said the state had not yet reviewed the ruling. Coal-dust monitoring called flawed Continued from Page B 1 pled only 58 percent of the mining sections in operation. Also, MSHA inspectors average their results from samples taken over several days and don't take action if just one or even several samples exceed the limit. The result is that miners can be exposed to ex cessive dust for several shifts. In his statement yesterday, Tatter-sail said his agency is taking steps to do what the report recommended, including stepping up dust inspections. Also, last week MSHA announced that it will begin requiring operators to use new, tamper-resistant filter cassettes after they come on the market later in the summer. In addition, Tattersall said he has asked the Bureau of Mines in the Interior Department to accelerate its research on dust-monitoring technology. Robert Peluso, chief of MSHA's British teen can be kept from starving, court says LONDON (AP) The Court of Appeal ruled yesterday that a 16-year-old girl can be treated for the eating disorder anorexia nervosa despite her stated wish to starve. The girl, identified only as "J," last ate nine days ago and will drink only tea. She had appealed a decision saying the local council that has cared for her since her parents' deaths could compel treatment. The court was told that after her parents died, she was placed in foster care, where she was unhappy. The girl, 5-foot-7 and 77 pounds, began losing weight in 1990. The chief judge said, however, that the girl must be given a say in her treatment. He granted doctors permission to give the girl necessary emergency treatment. Lawyers for the council said it had no plans to force-feed her. technology center in Pittsburgh, headed the study group. Yesterday a receptionist referred inquiries to MSHA's press office in Arlington, Va. MSHA spokeswoman Katharine Snyder said the study group was composed entirely of career government workers and included no political appointees. "The report was reviewed at headquarters but the conclusions are definitely the group's own conclusions," she said. New texts to tell more about Japan's aggression TOKYO (AP) New social studies textbooks for Japanese junior high school students will give more details than previous texts about Japan's past aggression in Asia, the Education Ministry said yesterday. All textbooks used in Japanese public and private schools must be approved by the ministry. Countries that suffered from Japanese aggression complained in the past of a whitewash of atrocities. The ministry said the books also contain a positive description of the nation's Self-Defense Forces, the military formed under the post-World War n constitution. That document bans the use of force to settle international disputes. 4 policemen executed HONG KONG (AP) - Authorities in China's Guangdong province secretly executed four police officers after smashing a drug ring that included Communist Party members and army officers, a newspaper said yesterday. More than 100 party members, police, government officials and military officers were arrested after a three-year investigation, according to the independent Chinese-language newspaper Ming Pao. REGIOMAL ROUMDUP COMPILED FROM STAFF AND AP DISPATCHES Historic home to be restored DANVILLE, Ky. A committee formed to restore a historic Boyle County house agreed to proceed with the project despite being $50,000 short of its $300,000 fund-raising goal. The committee decided to eliminate some of the details and furnishings to complete the renovation of the McClure-Barbee house, which is on the National Register of Historic Places. The house, built in 1852, is considered one of the best works of one of Kentucky's notable early architects, Robert Russel Jr. Once restored, it will house the Heart of Danville, Danville-Boyle County Tourism Commission, Boyle County Industrial Foundation and Danville-Boyle County Chamber of Commerce and serve as the official welcome center for Danville. Ephraim McDowell Regional Medical Center bought the house from Centre College, which had been left the property in a will. The hospital offered the house to the agencies for a nominal yearly fee, if they could raise the money to restore it. Suit accuses deputy of brutality HUNTINGTON, W.Va. A Kentucky man charged with obstructing an officer has filed a $1 million lawsuit accusing a Mingo County sheriffs deputy of brutality. Jason I. England of Turkey Creek, Ky., filed the suit in U.S. District Court on Friday. He was arrested May 17. Deputy Jamie B. Cook grabbed England around the head and punched him in the face three times, the suit said. Later, while sitting handcuffed in a cruiser, England was kicked in the face by Cook, the suit said. England's injuries required medical treatment that cost him about $1,300, the suit said. Cook has denied the charges. Sheriff Gerald L Chafin declined to comment because he hadn't seen the suit. Bush names TVA board chairman DETROIT President Bush on Monday designated John B. Waters as chairman of the Tennessee Valley Authority board of directors. Waters has been a board member since 1984. Waters, 62, an attorney who lives in Sevierville, Tenn., succeeds Marvin T. Runyon. Graduation is held for inmates EDDYVILLE, Ky. Homer Decker was applauded by other Kentucky State Penitentiary inmates when he received his bachelor of independent studies degree from Murray State University. "It feels like one hell of an accomplishment," said the 41-year-old Bowling Green native, who is serving a 10-year term for being a persistent felon. More than 50 men were recognized during the Educational Center's graduation Monday. Nearly 30 inmates received GED certificates, two men received vocational diplomas and three earned vocational certificates. Six inmates earned associate degrees from Northwood Institute, a school of hotel and restaurant management, while six others received achievement awards from the school. Decker, who could be eligible for parole in 1993, said he wants to get his master's degree one day and become involved in social work. Ann Farmer, correctional school administrator, said that for more than 30 years, the prison's education center has provided the opportunity for inmates to learn to read, earn a GED, learn a trade in vocational programs or earn a college degree. Official used expired license PADUCAH, Ky. After driving on an expired and suspended license for almost seven months, Commonwealth's Attorney Tom Osborne has a new one. Osborne, who renewed the license Monday, attributed the delay to an oversight on his part and a busy schedule. State records of McCracken County's chief prosecutor show that his license expired on Nov. 1, 1991. Records also show that two weeks later, the state issued a notice of suspension because he failed to pay a fine for a March 8, 1991, speeding violation in Memphis, Tenn. Osborne said he never received the notice. State records indicate the notice was returned to the state, apparently because it was mailed to an old address. Osborne said that he received the speeding ticket while driving to the airport in Memphis and forgot about it after he returned. Grant approved to build plant LONDON, Ky. The Farmers Home Administration has approved a $467,000 grant to build a plant that will bring up to 100 jobs to Eastern Kentucky, U.S. Rep. Harold Rogers, R-5th, said yesterday. The grant will enable the non-profit Kentucky Highlands Investment Corp. of London to build the factory. It would be leased to a company that would cut and sew clothing in it. The name of the manufacturer and the location of the plant will not be released until the details are final, Rogers' statement said. The company will hire 35 to 45 people initially, but Rogers said employment could rise to 100 within two years. House cuts tobacco industry grants WASHINGTON During debate yesterday on the annual agriculture appropriations bill, the House approved an amendment by Rep. Wayne Owens, D-Utah, to cut $3.5 million from grants to farmers groups for tobacco promotions efforts abroad. "This is too great a price for a humanitarian nation to pay to prop up a failing and flawed industry," Owens said. Rep. Stephen Neal, D-N.C, argued that the amendment would hurt the U.S. balance of trade and do nothing to decrease smoking overseas. The amendment was approved on a voice vote. We deliver, every day! 582-2211 1-800-866-2211 Classified Infomiation Don't keep household items you no longer need a secret: Sell them fast with a Classified Super Seller ad. The low ' rates are great, and nothing sells faster! The plan A rate of-only $3.33 gives you a 3-line ad that runs 3 days and is for items priced up to $500. Other rates are available. Some restrictions apply. 1 Make a phone call today and enjoy extra cash tomor-' row. Don't keep your hidden-away treasures a secret Call and enllecr! Ilouner-Journalj m 1 1 Lou ner-Jou mail Qassmeds 582-2622 Tell and sell or shop at home. V ! & Classified ads are a modern bazaar where you can bny and sell, or even trade, a great variety of merchandise. All . from the comfort of your home. '. ? t For home delivery, call The Courier-Journal at 582.2211 orl .800.866.2211. Wetter fctrasi tSje ottricr-3oortwl Find out what to wear, what you can plan and what you can do with the C-J's daily weather forecast. There's a quick summary on the front page every day, with more detail and a longer-range forecast inside the paper on page B2. '. For home delivery, call The Courier-Journal at 582.2211 or 1.800.866.2211.

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