Beaver woman sues DHHR for sexual abuse of her children

By Kyla Asbury | Apr 25, 2012

CHARLESTON -- A Beaver resident is suing the West Virginia Department of Health and Human Resources after she claims they allowed a sexual predator into the foster home her children were in.

Pressley Ridge was also named as a defendant in the suit.

Pursuant to an application for emergency custody filed by the defendant, T.M., J.M. and D.M. were removed from their home in May 2009, according to a complaint filed April 9 in Kanawha Circuit Court.

Pamela Holdsclaw claims in June 2009, the defendants placed T.B., a known physical and sexual predator, in the same foster home with the children and from June until August 2009, T.B. proceeded to physically and sexually abuse them until the Beckley police were alerted on Aug. 24, 2009.

The defendants owed the plaintiffs a duty to provide a safe and nurturing environment and to act in a timely manner to protect them from harm, but failed to do so, according to the suit.

Holdsclaw claims as a result of the defendants' negligence and carelessness, her children suffered physical, mental and sexual abuse that occurred over a three-month period.

The defendants caused T.M., J.M. and D.M. to suffer psychological injuries due to their negligence and carelessness, according to the suit.

Holdsclaw is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Bruce L. Freeman.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 12-C-625

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