Sex-predator label 'capricious'

2-2-2011 Pennsylvania:

A psychiatrist who studied the policies of Fayette County Children and Youth Services said caseworkers "capriciously decide" who is, or who is not, a sexual predator rather than basing decisions on scientific rationale.

Dr. Lawson Bernstein filed an assessment in U.S. District Court in Pittsburgh on behalf of a Brownsville man who sued the county and CYS after he was labeled a sexual predator despite any evidence that he had abused his three children.

The plaintiff is identified as John Doe in the suit in order to protect the identities of his children, said his attorney, Sara Rose. The man died in an auto accident in November.

John Doe came to the attention of CYS in 2008 after he admitted to having a sexual relationship with a 16-year-old babysitter. State police investigated, but no criminal charges were filed because the girl was of the age of consent under Pennsylvania law.

Bernstein, who teaches psychiatry at the University of Pittsburgh School of Medicine and is a consultant to the Allegheny County Medical Examiner's Office, said Fayette's "one-size-fits-all" approach in dealing with sex offenders doesn't work.

He questioned the clinical skills of counselor George Yatsko, who is not a psychiatrist, psychologist or social worker.

Bernstein said Yatsko's relationship with Children and Youth Services is a conflict of interest because Yatsko does assessments for the county and refers 90 percent of the clients he sees to his practice.

He noted that even though Yatsko assessed John Doe as a "low risk" for sexual victimization, he required him to undergo treatment as a sexual predator. When John Doe refused, Yatsko recommended that caseworkers ban him from seeing his children.

"Neither Fayette County CYS nor Mr. Yatsko appear to appreciate the irreparable psychological harm to both parent and child an inappropriately enforced period of separation and no contact can have," Bernstein wrote.

Rose said that's one of the major concerns of her lawsuit, which challenges the constitutionality of the policy.

"I"m not saying there's not a role for Fayette County CYS, but they have to respect the rights of parents," she said. "It shows one of the major problems with the way that Fayette County and CYS make decisions, cutting off all contact between parents and children. It's an extremely severe consequence."

In November, federal judge Donetta Ambrose ruled the county violated the father's rights to due process and his First Amendment rights by banning contact between him and his children, Rose said.

A trial scheduled for April is primarily to determine how much Fayette CYS must pay John Doe's estate in damages as a result of the "coercive tactics" the agency used to separate him from his children, Rose said. ..Source.. by Richard Gazarik, TRIBUNE-REVIEW