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D.C. Could Have Done More To Help 4 Sisters, Families Say

Banita Jacks
Banita Jacks (AP)
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Both letters cited a series of lapses made public by Fenty, including the city's failure to thoroughly investigate why the children no longer were in school and the city's inadequate response to a school social worker's repeated concerns about Banita Jacks.

Neither letter indicated how much money the grandmothers might seek. At this point, no suits have been filed.

In interviews, Taylor and Scherr said the families are not motivated by money. "This is not about someone trying to cash in," Taylor said. "The mayor himself pointed out that the city should be held accountable."

Fenty said yesterday that he is not having second thoughts about going into detail about various agency failings. "Too often, the government lets someone else tell the facts, and to me, that makes it even worse," Fenty said.

The grandmothers served notice on claims involving the two youngest children: N'Kiah Fogle, 6, and Aja Fogle, 5. Their father, Nathaniel Fogle Jr., died in February 2007. The other two children, Brittany Jacks, 16, and Tatianna Jacks, 11, had different fathers, who would have the first right to seek legal action, lawyers said.

Another attorney, David Shurtz, said that he has been retained by Tatianna's father and that he plans to sue the city. Shurtz declined to identify his client, but court records list the girl's father as Stoddard.

The city plans to help pay for funeral arrangements for the girls. Officials from the D.C. public defender's office, which has been representing Jacks since her arrest, are scheduled to meet with the medical examiner tomorrow, according to Fenty's staff.

The mayor's action against the social workers drew complaints from some D.C. employees, who accused him of looking for scapegoats. Because three workers were nonunion employees, they could be fired at will. The others were entitled to administrative proceedings.

Assistant Attorney General Zol D. Rainey issued the recommendation that the three union workers get their jobs back. The Child and Family Services Agency is reviewing the case and expects to make a decision Monday, a spokeswoman there said.

Social workers felt betrayed by Fenty, said Deborah Courtney, president of the union that represents the employees. When they heard that the hearing officer tried to overturn the firings, social workers "were very happy and very jovial that their coworkers would be coming back," Courtney said.

Many of the social workers, who have volunteered to work in the intake unit to help with a quadrupling in reports since the Jacks case, are worried that the workers won't come back. Last night, Fenty echoed Nickles's statement that the city will defend its actions.

"People are on edge. The agency's in crisis," Courtney said.

Staff writer Allison Klein contributed to this report.


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