Link to Original Journal Sentinel Article:
State lawmaker alleges coverup; wants attorney general to investigate
By Crocker Stephenson of the Journal Sentinel
Milwaukee Journal Sentinel, Aug. 28, 2009
Officials responsible for reporting to the state that a Bureau of Milwaukee Child Welfare social worker had impregnated a bureau client did not report the incident until Thursday, months later than required by law and only after being contacted by the Journal Sentinel.
A state lawmaker, alleging that child welfare officials may have been involved in a coverup, called on Attorney General J.B. Van Hollen to investigate.
The Journal Sentinel reported Friday that Peter J. Nelsen, 56, was sent by the bureau to investigate an allegation of child abuse and later impregnated the child's emotionally troubled mother, Theola Nealy. Nelsen kept the pregnancy secret, even as the bureau investigated allegations that Nealy abused her 5-year-old daughter and 3-year-old son.
The bureau has removed both children from Nealy's home. The bureau has also removed the child born to Nelsen and Nealy and placed her in Nelsen's home.
Nelsen, a 12-year-veteran of the bureau, was allowed to resign April 15, according to bureau documents.
Under state law, the bureau, a part of the state Department of Children and Families, was required to report Nelsen to the Department of Regulation and Licensing within 30 days of his departure.
On Thursday, there seemed to be some contradiction about whether a report on Nelsen had been filed.
The licensing department said it had not received anything, but Angela Russell, a spokeswoman for the bureau, contended a report had been filed. She did not say when it had been filed, and later sent an e-mail to the newspaper saying no more information on Nelsen would be released because of laws governing employee confidentiality.
On Friday, David Carlson, a spokesman for the licensing department, said that Nelsen's report was faxed to the department on Thursday - just as the newspaper was investigating the story.
The Journal Sentinel has formally requested access to Nelsen's employment file.
"It would appear that a coverup of Mr. Nelsen's conduct may have been undertaken by state agency officials in violation of state law," Rep. Stephen Nass (R-Whitewater) wrote Attorney General J.B. Van Hollen.
Nass also asked the attorney general to investigate Nelsen.
"There is ample basis for the Wisconsin Department of Justice to review Mr. Nelsen's conduct to determine if he abused his governmental powers and violated Wisconsin law," the letter says.
Further, the letter says, "The Bureau of Milwaukee Child Welfare may have used its powers to assist Mr. Nelsen in obtaining custody of the child he fathered with Nealy."
"The failure of the department to take appropriate action against Mr. Nelsen, and the potential abuse of legal authority to take custody of children requires a thorough review by the Department of Justice for misconduct by public officials," it says.
Noting that Nealy's treatment of her children may have given the bureau reason to remove them "does not authorize the blatant abuse of power that appears to have occurred by both a social worker and a state agency that has a solemn duty to protect children."
Asked whether the Department of Justice was investigating Nelsen or the child welfare agencies, spokesman William Cosh said: "We don't comment on ongoing investigations."
Asked if his statement meant there was an ongoing investigation, Cosh repeated the statement.
Also Friday, an injunction hearing on a temporary restraining order Nealy filed against Nelsen earlier this month was adjourned to Sept. 11. Family Court Commissioner Ana M. Berrios warned Nelsen that the restraining order remained in effect and ordered him to have no contact with Nealy.
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