Murphy — A former Cherokee County Department of Social Services director pled guilty Tuesday to her role in using custody and visitation agreements, which allow parents or guardians to relinquish custody of minors without court involvement.
Cynthia Raxtor Palmer pled guilty to one count of felony obstruction of justice. As part of the plea agreement, prosecutors dismissed several other charges including willful failure to discharge duties, perjury and contributing to the delinquency of a minor.
“She did not want to put her family through the emotional trauma of a trial,” her attorney Hart Miles told the Cherokee Scout via phone. “Trial [would have been] expensive...and then [she would have been] exposed to the possibility of prison. Even though we felt like we had some really good defenses, that doesn't mean we were going to win.”
A judge imposed a suspended sentence of five to 15 months in prison, with a year of unsupervised probation. As long as Palmer complies with conditions set by the court, which includes 24 hours of community service, she will not be incarcerated.
“It was a compromise, and she's glad to have some closure,” Miles said.
At the plea hearing, Benjamin Zellinger, a special prosecutor with the state of North Carolina, argued that Palmer and other former DSS officials subverted judicial oversight by using custody and visitation agreements, informally known as CVAs.
Zellinger said children separated via use of CVAs were often neglected and sometimes abused. He shared a story about one child who was sexually assaulted in his new home after being separated from his parents through use of a CVA.
“DSS cut a corner and there were no services provided to these kids,” Zellinger said.
Miles told the court that DSS was understaffed and underfunded during the time that Palmer served as director. He said Palmer was “a little underqualified” and “not completely prepared” for the responsibilities that came with the position. He said Palmer understood that CVAs were used prior to her appointment as director and never questioned or challenged the practice.
“CVAs were just a tool in the social workers’ toolbox that they would use if they felt the situation was appropriate for a particular family, and the state took a position that it was illegal,” Miles told the Scout. “There wasn't any evidence that she had any financial incentive or other incentive to have these agreements used.”
Palmer became interim director of DSS in August 2015 and was appointed to the position full time in March 2016. She resigned as director in June 2018 amid the state’s investigation into the use of CVAs but was placed back in the role of business officer, a position she held for 11 years prior to being named director.
Palmer resigned as business officer on Sept. 27, and she is ineligible for rehire as a county employee.
“Even though Cindy was found not guilty of obstruction of justice in Federal Court, she found it her best option to plead to the charge in Superior Court,” her husband Sheriff Derrick Palmer said via message to the Scout. “She and I wish no harm to any previous directors or supervisors of DSS but our disappointment is that these CVA agreements were used at the direction of the attorney since at least 2008 with no ramifications to anyone in a supervisory position other than Cindy and David Hughes. We are, however, glad to close this chapter in our life. We have dedicated our lives to serve our community and to be advocates for children and families. We have spent our lives developing a good character and reputation in our community. We will continue to serve in whatever way possible, love our community, and work for the advancement of the Kingdom of Christ.”
Earlier this year, a jury issued a combined $4.6 million award to a father and daughter who were separated through the use of CVAs, following a four-day federal civil trial in Asheville. In reaching its judgement, the jury determined that Palmer and former DSS attorney Scott Lindsay acted in a “grossly negligent manner” and violated the father’s and daughter’s due process rights.
Jurors also determined that Lindsay obstructed justice. However, they did not find that Palmer obstructed justice.
Earlier this month, another plaintiff in a civil lawsuit regarding the use of CVAs agreed to settle all claims against Cherokee County and DSS personnel for nearly half a million dollars, which will be paid by the county’s insurer. Additionally, three other civil suits regarding the use of CVAs have yet to go to trial.
Palmer is the second defendant to plead guilty to criminal charges related to the use of CVAs. Former DSS supervisor David Alan Hughes pled guilty to two misdemeanors earlier this year as part of a plea agreement with prosecutors, who dismissed 10 counts of felony obstruction of justice.
Meanwhile, Lindsay remains charged with 20 counts of felony obstruction of justice, two counts of contributing to the delinquency of a minor, and willful failure to discharge duties. He and his attorney, Jerry Townson, argue that CVAs are not illegal because state law allows parents to agree to a contract between themselves regarding custody of their minor children.