Showing posts with label abused and neglected children. Show all posts
Showing posts with label abused and neglected children. Show all posts

Wednesday, March 21, 2012

Request for Grand Jury Investigation of Butte County Child Protective Services - California

NORML Women’s Alliance Requests Grand Jury Investigation Into the Butte County CA Children Services

Butte County, CA- On Friday March 9th, The NORML Women’s Alliance (NWA), along with Butte County residents, put forward a complaint to the Grand Jury of Butte requesting an investigation into the County Children Services Division for the agency’s perceived and widespread misconduct

The findings in the people’s request include numerous testimonials from directly affected persons, submitted herein via the GRAND JURY COMPLAINT FORMS, which relate varied claims of CSD misconduct.

The National Coalition for Child Protection Reform, in their report dated September 6, 2011, confirms Butte County leads all of California’s large counties in the percentage rate of permanent removal of children from parents. Previously, the Grand Jury undertook a limited “narrow” investigation of the Children Services Division which did not sufficiently address all aspects of CSD conduct, nor addressed the narrow criteria of “front end” issues in a thorough, transparent manner conducive to meaningful, unbiased investigation and findings.

The NORML Women’s Alliance of Butte County, and NORML attorneys have put forth recommendations that they believe are in the best interest of Butte County children including a broad based investigation and a financial audit.

The NWA Community Leader of Butte County, Tamara Lujan, issued the following statement, “We thank the Grand Jury for its time, consideration and diligence in pursing our request. Only when government agencies have proper oversight can we as a community rest assured that corruption, abuse and other misdeeds are kept in check and deterred. Together We the People of Butte County and the Grand Jury can make these necessary strides of investigation and oversight to ensure all Butte families are truly served well, and are safe and secure at home.”

Source http://norml.org/women/item/request-for-butte-county-grand-jury-investigation?category_id=728

Wednesday, March 14, 2012

Off-Label Use Of Risky Antipsychotic Drugs Raises Concerns

By Sandra G. Boodman

Adriane Fugh-Berman was stunned by the question: Two graduate students who had no symptoms of mental illness wondered if she thought they should take a powerful schizophrenia drug each had been prescribed to treat insomnia.

"It's a total outrage," said Fugh-Berman, a physician who is an associate professor of pharmacology at Georgetown University. "These kids needed some basic sleep [advice], like reducing their intake of caffeine and alcohol, not a highly sedating drug."

Those Georgetown students exemplify a trend that alarms medical experts, policymakers and patient advocates: the skyrocketing increase in the off-label use of an expensive class of drugs called atypical antipsychotics. Until the past decade these 11 drugs, most approved in the 1990s, had been reserved for the approximately 3 percent of Americans with the most disabling mental illnesses, chiefly schizophrenia and bipolar disorder; more recently a few have been approved to treat severe depression.

But these days atypical antipsychotics -- the most popular are Seroquel, Zyprexa and Abilify -- are being prescribed by psychiatrists and primary-care doctors to treat a panoply of conditions for which they have not been approved, including anxiety, attention-deficit disorder, sleep difficulties, behavioral problems in toddlers and dementia. These new drugs account for more than 90 percent of the market and have eclipsed an older generation of antipsychotics. Two recent reports found that children and adolescents in foster care, some less than a year old, are taking more psychotropic drugs than other children, including those with the severest forms of mental illness.

In 2010 antipsychotic drugs racked up more than $16 billion in sales, according to IMS Health, a firm that tracks drug trends for the health-care industry. For the past three years they have ranked near or at the top of the best-selling classes of drugs, outstripping antidepressants and sometimes cholesterol medicines. A study published last year found that off-label antipsychotic prescriptions doubled between 1995 and 2008, from 4.4 million to 9 million. And a recent report by pharmacy benefits manager Medco estimated that the prevalence of the drugs' use among adults ballooned more than 169 percent between 2001 and 2010.

Critics say the popularity of atypical antipsychotics reflects a combination of hype that the expensive medicines, which can cost $500 per month, are safer than the earlier generation of drugs; hope that they will work for a variety of ailments when other treatments have not; and aggressive marketing by drug companies to doctors and patients.

"Antipsychotics are overused, overpriced and oversold," said Allen Frances, former chair of psychiatry at Duke University School of Medicine, who headed the task force that wrote the DSM-IV, psychiatry's diagnostic bible. While judicious off-label use may be appropriate for those who have not responded to other treatments for, say, severe obsessive-compulsive disorder, Frances said the drugs, which are designed to calm patients and to moderate the hallucinations and delusions of psychosis, are being used "promiscuously, recklessly," often to control behavior and with little regard for their serious side effects. These include major, rapid weight gain -- 40 pounds is not uncommon -- Type 2 diabetes, breast development in boys, irreversible facial tics and, among the elderly, an increased risk of death.

The Latest Fad?

Doctors are allowed to prescribe drugs for unapproved uses, but companies are forbidden to promote them for such purposes. In the past few years major drugmakers have paid more than $2 billion to settle lawsuits brought by states and the federal government alleging illegal marketing; some cases are still being litigated, as are thousands of claims by patients. In 2009 Eli Lilly and Co. paid the federal government a record $1.4 billion to settle charges that it illegally marketed Zyprexa through, among other things, a "5 at 5 campaign" that urged nursing homes to administer 5 milligrams of the drug at 5 p.m. to induce sleep.

Wayne Blackmon, a psychiatrist and lawyer who teaches at George Washington University Law School, said he commonly sees patients taking more than one antipsychotic, which raises the risk of side effects. Blackmon regards them as the "drugs du jour," too often prescribed for "problems of living. Somehow doctors have gotten it into their heads that this is an acceptable use." Physicians, he said, have a financial incentive to prescribe drugs, widely regarded as a much quicker fix than a time-intensive
evaluation and nondrug treatments such as behavior therapy, which might not be covered by insurance.

In a series in the New York Review of Books last year, Marcia Angell, former editor in chief of the New England Journal of Medicine, argued that the apparent "raging epidemic of mental illness" partly reflects diagnosis creep: the expansion of the elastic boundaries that define mental illnesses to include more people, which enlarges the market for psychiatric drugs.

"You can't push a drug if people don't think they have a disease," said Fugh-Berman, who directs PharmedOut, a Georgetown program that educates doctors about drug marketing and promotion. "How do you normalize the use of antipsychotics? By using key opinion leaders to emphasize their use and through CMEs (continuing medical education) and ghost-written articles in medical journals," which, she said "affect the whole information stream."

James H. Scully Jr., medical director of the American Psychiatric Association, sees the situation differently. He agrees that misuse of the drugs is a problem and says that off-label prescribing should be based on some evidence of effectiveness. But Scully suggests that a key factor driving use of the drugs, in addition to "intense marketing and some effectiveness," is the growing number of non-psychiatrists prescribing them. Many lack the expertise and experience necessary to properly diagnose and treat mental health problems, he said.

Among psychiatrists, use of antipsychotics is rooted in a desire to heal, according to Scully. "All of the meds we use have their limits. If you're trying to help somebody, you think, 'What else might I be able to do for them?' "

Since 2005, antipsychotics have carried a black-box warning, the strongest possible, cautioning against their use in elderly patients with dementia, because the drugs increase the risk of death. In 2008 the Food and Drug Administration reiterated its earlier warning, noting that "antipsychotics are not indicated for the treatment of dementia-related psychosis." But experts say such use remains widespread.

In one Northern California nursing home in 2006 and 2007, 22 residents, many suffering from dementia, were given antipsychotics for the convenience of the staff or because the residents refused to go to the dining room. In some cases the drugs were forcibly injected, state officials said. Three residents died.

A 2011 report by the inspector general of the Department of Health and Human Services found that in a six-month period in 2007, 14 percent of nursing home residents were given antipsychotics. In one case a patient with an undetected urinary-tract infection was given the drugs to control agitation.

"The primary reason is that there's not enough staff," said Toby S. Edelman, senior policy attorney for the Center for Medicare Advocacy, a Washington-based nonprofit group, who recently testified about the problem before the Senate Special Committee on Aging. "If you can't tie people up, you give 'em a drug" she said, referring to restrictions on the use of physical restraints in nursing homes.

Drugs At 18 Months

Nursing home residents aren't the only ones gobbling antipsychotics.

Mark E. Helm, a Little Rock pediatrician who was a medical director of Arkansas's Medicaid evidence-based prescription drug program from 2004 to 2010, said he had seen 18-month-olds being given potent antipsychotic drugs for bipolar disorder, an illness he said rarely develops before adolescence. Antipsychotics, which he characterized as the fastest-growing and most expensive class of drugs covered by the state's Medicaid program, were typically prescribed to children to control disruptive
behavior, which often stemmed from their impoverished, chaotic or dysfunctional families, Helm said. "Sedation is the key reason these meds get used," he observed.

More than any other factor, experts agree, the explosive growth in the diagnosis of pediatric bipolar disorder has fueled antipsychotic use among children. Between 1994 and 2003, reported diagnoses increased 40-fold, from about 20,000 to approximately 800,000, according to Columbia University researchers.

That diagnosis, popularized by several prominent child psychiatrists in Boston who claimed that extreme irritability, inattention and mood swings were actually pediatric bipolar disorder that can occur before age 2, has undergone a reevaluation in recent years. The reasons include the highly publicized death of a 4-year-old girl in Massachusetts, who along with her two young siblings had been taking a cocktail of powerful drugs for several years to treat bipolar disorder; the revelation of more than $1 million in unreported drug company payments to the leading proponent of the diagnosis; and growing doubts about its validity.

Helm said that antipsychotics, which he believes have become more socially acceptable, serve another purpose: as a gateway to mental health services. "To get a child qualified for SSI disability, it is helpful to have a child on a medicine," he said, referring to the federal program that assists families of children who are disabled by illness.

Ask Your Doctor

Psychiatrist David J. Muzina, a national practice leader at pharmacy benefits manager Medco, said he believes direct-to-consumer advertising has helped fuel rising use of the drugs. As former director of the mood disorders center at the Cleveland Clinic, he encountered patients who asked for antipsychotics by name, citing a TV commercial or print ad.

Some states are attempting to rein in their use and cut escalating costs. Texas has announced it will not allow a child younger than 3 to receive antipsychotics without authorization from the state. Arkansas now requires parents to give informed consent before a child receives an anti-psychotic drug. The federal Centers for Medicare and Medicaid Services announced it is summoning state officials to a meeting this summer to address the use of antipsychotics in foster care. And Sens. Herb Kohl (D-Wis.) and Charles E. Grassley (R-Iowa) introduced legislation that would require doctors who prescribe antipsychotics off-label to nursing home patients to complete forms certifying that they are appropriate.

Medco is asking doctors to document that they have performed diabetes tests in patients taking the drugs. "Our intention here is to get doctors to reexamine prescriptions," Muzina said.

"In the short term, I don't see a change in this trend unless external forces intervene."

Source http://www.kaiserhealthnews.org/Stories/2012/March/13/off-label-use-of-risky-antipsychotic-drugs.aspx

Wednesday, February 22, 2012

SD DSS and ACLU Director Issues

Blogger Note:

It would be intresting to know who much of this story may have to do with the following story below. It would be quite surprising if there is absolutely no connection but it appears that something fishy is going on.
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Indian Child Welfare Act Violations Prompts ACLU Investigation Into South Dakota Foster Care System

ACLU Seeks Input from American Indian Families With Children in DSS

SIOUX FALLS, SD - The appalling treatment of American Indian children, family, and tribes by the South Dakota Department of Social Services as described in recent NPR News reports has prompted the ACLU of South Dakota to investigate the actions as violations of the Indian Child Welfare Act (ICWA).

The NPR News series, "Native Foster Care: Lost Children, Shattered Families," explains how American Indian children represent more than half of all children in foster care, yet account for less than 15 percent of the state's total child population. The report also features interviews from tribal members who recall DSS officials driving onto the reservation, removing children from homes, and preventing contact with family.

The report describes several instances of ICWA violations, as well as blatant disregard of fundamental Constitutional norms and international human rights as affirmed by the United Nations Declaration of the Rights of Indigenous Peoples, according to Robert Doody Esq., Executive Director of the ACLU of South Dakota.

"The ACLU is firmly committed to addressing this most recent manifestation of racism and colonization in our state," Doody said. "It is shocking to see politicians and members of the government, who hold themselves out as "pro-family," react in utter contempt and callous disregard to the legitimate grievances of American Indians."

The ACLU of South Dakota wants to hear from American Indians who recently had children removed by DSS in order to ascertain the depth and breadth of the problem. Any American Indian with concerns regarding their experiences with or treatment by DSS should contact the ACLU at (605) 332-2508 or email southdakota@aclu.org.

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Please direct media inquiries to Taté Walker, ACLU of South Dakota Communications Director: (605) 332-2508, (646) 421-9387 or twalker@aclu.org. For more information about the ACLU of South Dakota, visit www.aclusd.org, or find us on Facebook and Twitter.


http://www.aclusd.org/indian-child-welfare-act-violations-prompts-aclu-investigation-into-south-dakota-foster-care-system.html

Friday, December 16, 2011

Lawsuit Claims CPS Removed Kids Out of Spite - Texas


RANDY WALLACE
Investigative Reporter

HOUSTON - If Child Protective Services had its way, 5-year-old Katelynn Allen wouldn't be with her grandmother right now. Neither would her 6-year-old brother Elisha.

CPS wanted them to be adopted by non-relatives.

"I don't even think I can find a word that can summarize what I went through," said the children's grandmother, Houston Minister Teresa Allen.

It was Allen who first contacted CPS back in August of 2009.

She was concerned about her grandkids because of her daughter's alleged drug use.

Three months went by and nothing happened.

In the meantime Allen took the kids to keep them safe.

Then, according to her lawsuit against CPS, a CPS caseworker called.

That case worker stated, "She was in fear of losing her job for missing a deadline to investigate the matter."

Allen complained to the case workers supervisor and anyone else with CPS that would listen.

She wanted action.

"You go all the way to the top and you just can't believe that there was no one in authority that could have stopped, looked and listened and investigated my complaint," Allen said.

"She finally went over the head of the case worker, then over the head of a supervisor to the program director," said Allen's attorney Chris Branson. " She was told in no uncertain terms that that was a bad move on her part and they were going to show her exactly what happens to people who make bad moves."

The next day Branson said CPS took Allen's two young grandkids away from her.

"I did not know what was going on, I did not know why," Allen said.

"The initial taking was illegal," Branson said.

Branson said CPS claimed the kids were in danger that's why they took them with no court order in hand.

"My client did nothing to have CPS take these kids, nothing came out later," Branson said.

For the next 11 months the lawsuit claims CPS workers did everything they could to discredit Allen who was denied access to her grandkids, and was repeatedly told they would be adopted by non relatives and she would never see them again.

"Anger, fear, the rejection, I mean it makes you feel less than a human being," Allen said.

In a hearing the grandmother won the right to get her grandkids back. But she hopes the lawsuit will lead to changes at CPS.

"We believe this is a good case to set a precedent that will send a clear and distinct message to Child Protective Services to clean up their act and do things the right way," Branson said.

Source http://www.myfoxhouston.com/dpp/news/investigates/111216-child-protective-services-dispute

Thursday, December 15, 2011

N.J. DYFS is still failing to help troubled families under their supervision, report says

TRENTON — New Jersey’s child welfare system has improved five years into an intense and expensive overhaul, but caseloads are rising again and workers still need to do a better job helping troubled families under their supervision, a report released yesterday concludes.

The Division of Youth and Family Services was praised for providing extensive training to its workforce, licensing a plentiful supply of foster homes and providing timely medical care for abused and neglected children, according to the 10th report issued by Judith Meltzer of the Center for the Study of Social Policy.

But it also noted the caseloads of workers who investigate claims of abuse and neglect have been rising for the past 18 months. Controlling skyrocketing caseloads was one of the most critical changes made in the earliest stages of the reform plan.

The monitoring agency, which is in charge of evaluating a continuing series of court-ordered improvements at DYFS, also cited the need to improved the quality of its investigations.

"We are seeing slow, but steady progress," said Kristen Weber, a senior associate for CSSP.

Meltzer, in the 202-page report, also commended the state for finding mental health treatment facilities in New Jersey for all but a record-low nine children. It said the Department of Children and Families, DYFS’ parent agency, met 24 court-ordered objectives and missed 25 others.

Allison Blake, Children and Families commissioner since 2010, said the report was "fair" and was pleased her department sees "significant progress everyday" in the welfare of the children.

The mixed review comes as the DYFS is fends off public criticism that it had failed to detect trouble in the home of Tierra Morgan-Glover, the 2-year-old Ocean County girl allegedly killed by her father last month.

Over the past year, DYFS investigated Morgan and Tierra’s mother, Imani Benton, on four separate occasions, the last one as late as Nov. 10 — less than two weeks before Tierra’s body, still strapped in her car seat, was found in a stream in Shark River Park in Wall. At issue is whether DYFS took into account Benton’s claims that she was a victim of domestic abuse and whether that put the toddler in danger.

The findings announced yesterday were from 2011 data collected through June. Earlier this month, Blake said her agency will review some guidelines when dealings with claims of abuse, in the wake of Morgan-Glover’s death. She said yesterday the results of that review may be announced in the next few weeks.

Children’s Rights, a national advocacy group whose lawsuit prompted a $1 billion overhaul of New Jersey’s child-welfare system in 2003, offered tempered praise.

"Some reforms simply are not happening quickly enough," said Marcia Robinson Lowry, executive director for Children’s Rights. "The state must redouble its efforts to ensure that vulnerable kids receive the best attention and services possible."

The state was praised by the group for recruiting more than twice the number of foster homes needed to serve the 7,200 children removed from their parents. But it criticized the state for failing to assess how safe children were in their homes before closing a case, noting that only 25 percent of families were adequately assessed for safety and 35 percent were adequately assessed for risk of harm. "This performance falls far short of the state’s 98 percent goal,’’ according to Lowry.

While underscoring the importance of thorough investigations amid reports like Morgan-Glover’s death, Chesler said he was pleased with the continued work of DCF and Children’s Rights.

"It’s good to see a cooperative effort to achieve a common goal," Chesler said. "It’s a far cry from many years ago."

Turning to Blake, Chesler added: "Keep plugging away."

By Susan K. Livio and Bob Considine/Star-Ledger Staff

Source http://www.nj.com/news/index.ssf/2011/12/dyfs_is_still_failing_to_help.html