Showing posts with label texas. Show all posts
Showing posts with label texas. Show all posts

Friday, January 20, 2012

State Settles With Johnson & Johnson Over Risperdal: $158 Million - Texas

By Craig Malisow

A drug company accused of fraudulently promoting the antipsychotic Risperdal for use in Texas's Medicaid system has settled a state Attorney General's lawsuit for $158 million.

The AG's office, one of several across the country to sue Janssen Pharmaceuticals (a subsidiary of Johnson & Johnson) for fraudulent marketing, had sought $1 billion. Although the suit was filed in 2006, the trial only began January 9th.

As we reported in December, the marketing leading to Risperdal's inclusion in the Texas Medication Algorith Project was fraught with conflicts of interest among state officials and academic researchers, some of whom were involved in the carving out the latest prescription medication parameters for children in the state foster care system. Although TMAP was officially jettisoned in 2010, the state still pays for foster kids as young as two to take psychotropic drugs, sometimes without a diagnosis.

According to a statement by Janssen, the settlement covers "alleged Medicaid overpayment" from 1994-2004, and will "circumvent potentially lengthy and costly appellate activities....Janssen is committed to ethical business practices and has policies in place to ensure its products are only promoted for their FDA-approved indications."

We're not disagreeing with that last statement. They probably do have policies in place. It just doesn't look like they were followed....

Source http://blogs.houstonpress.com/hairballs/2012/01/risperdal_settlement_janssen.php

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

Monday, December 5, 2011

Scandals at Texas agency facilities brought reforms, but state hospitals didn't follow lead

By Eric Dexheimer and Andrea Ball

In 2007, stunned by revelations of ongoing sexual abuse of young state wards by the adults charged with caring for them, legislators passed a series of laws that reformed how the Texas Youth Commission kept its teenage offenders safe. The changes included simple adjustments considered best practices in lockups for years: increased use of security cameras to capture and record incidents, independent monitors to field complaints and a separate investigative team to pursue allegations of abuse.

In 2009, images discovered on a lost cellphone revealed that staff members at a state-run school for people with disabilities had promoted a "fight club," instigating young residents to hit and push one another. The reports came on the heels of a federal lawsuit requiring reforms to the same system of schools. Another, but similar set of reforms added thousands of cameras and a standing order that investigators start looking for patterns in past claims of abuse to identify problem employees.

Now a third agency in less than five years finds itself in the spotlight because of claims a staffer abused children in state care. In late October, the Department of Family and Protective Services, which investigates claims of abuse in state facilities, found reason to believe psychiatrist Charles Fischer had sexually abused two patients, in 2003 and 2006, at the Austin State Hospital. Weeks later, the Texas Medical Board concluded that evidence supported nine claims of sexual abuse against Fischer dating back at least two decades.

Fischer has not been criminally charged. Through his lawyer he "vigorously" denied the allegations.

The news nevertheless has promoted self-examination among state officials.

"We want to know, how did we get to this place with a number of allegations (against Fischer), even if not confirmed?" said Stephanie Goodman, a spokeswoman for the state Health and Human Services Commission.

One likely reason, reporting by the American-Statesman shows, is that none of the basic reforms mandated by lawmakers only a few years earlier at the Youth Commission and state schools made their way to the state hospital system, despite the similarities in the three agencies' missions: caring for troubled, mentally fragile children in an institutional setting.

The 13 state supported living centers (formerly called state schools) and the state psychiatric hospital system are even overseen by the same agency: the Health and Human Services Commission, which shares office space with the Texas Youth Commission.

"There are a number of things we put into place at the state supported living centers that we are looking at to see if we could put them in place at the state hospitals," acknowledged Goodman.

"In hindsight, could we have done things differently?" added Carrie Williams of the Department of State Health Services, which oversees the state's 10 psychiatric hospitals. "Absolutely."

There is no allegation that confirmed abuse claims at the state hospital system extend past a single person — a contrast to the Youth Commission and the living centers, which were found to have deep and systemic deficiencies requiring immediate repair.

Legislators are vowing new investigations anyway.

"I am reviewing the measures taken by our state agencies in response to this tragedy to determine whether they need to be put into statute and possibly strengthened," said state Sen. Jane Nelson, R-Flower Mound , who chairs the Senate Health and Human Services Committee .

The allegation that one of the hospital system's doctors could have carried on a series of assaults over decades despite numerous reports, as reforms were occurring at similar agencies literally next door, suggests missed opportunities and raises questions about government's ability to anticipate and prevent serious problems, rather than to react and respond only to scandal.

The agencies treat different clients; however, not different enough to account for security variations, advocates say.

"Any additional precautions when you're working with such vulnerable population are important," said Beth Mitchell, supervising attorney for Disability Rights Texas, an Austin-based group that often litigates on behalf of mentally ill patients. "Hopefully, this will put the hospitals on notice, and they'll do the right thing."

News that officials at the Texas Youth Commission knew about but largely ignored confirmed reports that two administrators at a West Texas facility were sexually preying on teenagers in their custody hit just as the 2007 legislative session was getting under way. Forced by lawmakers to remake itself, the agency — last week renamed the Texas Juvenile Justice Department — undertook a series of reform measures.

A number of the changes were specifically designed to make Youth Commission facilities physically safer for offenders in its custody. Several were informed by the Prison Rape Elimination Act, a 2003 federal law that seeks to address the high incidence of sexual assault in lockups by targeting the culture and physical settings that allowed abuse.

Chief among them was the purchase, for $18 million, of 12,000 new high-definition cameras that peered into literally every corner of the Youth Commission's facilities. The images can be accessed at any time by the facility administrators, investigators and even agency executives in Austin.

The 10 state psychiatric hospitals, by comparison, have a total of 549 cameras, about a third from the 1980s. Three of the facilities have fewer than six cameras each.

Stored digital images not only protect youth, but also accused staff, said Cris Love, head of the Youth Commission's Office of Inspector General. "They're extremely important — a huge, huge asset to investigations," he said.

Though the agency doesn't keep numbers, Love said, images from the cameras have "absolutely" been used to both clear and convict staff of abuse allegations.

A November 2010 report by an outside consulting company hired to evaluate the reforms concluded, "Youth and staff commented at every TYC facility that cameras have increased safety, especially sexual safety."

The agency also made small but significant physical changes to its facilities. It took down walls that blocked sight lines, decreasing opportunities for hidden activity. It replaced solid wooden doors with doors that had windows and exchanged individual locks for a new keyless entry system that requires staff to have a control room operator open doors.

"This practice contributes to the sexual safety of youth by limiting the number of keys held by staff, thereby decreasing the number of areas they are able to access," the consultant wrote.

Criminal cases against the West Texas facility administrators had stalled when local prosecutors dragged their feet, so how the agency pursued claims of abuse was overhauled as well.

Senate Bill 103, which provided the blueprint for the Youth Commission's reform, created the independent inspector general, whose officers were granted police powers to investigate abuse claims and make arrests. New laws also allowed the Youth Commission to use the adult prison system's Special Prosecution Unit to take children's cases to court on its own.

"Looking at the fight club situation at the state school," Hurley said, "a lot of the things we now have in place would have prevented that."

Living centers react

In fact, recent reforms at the state living centers mirrored those implemented at the Youth Commission less than two years earlier.

The centers, residential facilities where people with intellectual and developmental disabilities receive a full range of psychiatric and medical care, came under scrutiny in 2006 after a federal civil rights investigation of the Lubbock center found "just deplorable conditions generally," recalled Disability Rights' Mitchell.

Follow-up investigations found problems in other centers, and the U.S. Department of Justice sued the state to force reforms. Among other claims, federal lawyers asserted that the Texas facilities did not provide "reasonably safe conditions, including protection from abuse, neglect, and other harm." In 2009, the Department of Aging and Disability Services signed a consent order, promising to improve how center residents were treated and cared for.

Reports in March 2009 that employees at the Corpus Christi living center had been arranging late-night fights among disabled residents came as legislators were beginning a new biennial session. Three months later, Gov. Rick Perry signed a bill mandating a sweeping set of reforms.

Within months, the state began laying 35 miles of fiber-optic cable and installing 3,200 new surveillance cameras at its centers.

Though the cameras were not as pervasively placed as those at the Youth Commission facilities — they cover mainly common areas, not treatment or residential rooms — they are monitored around the clock by center staff, spokeswoman Allison Lowery said.

State hospitals don't have employees designated to monitor cameras, health services department spokeswoman Williams said.

"They're a big component of our larger reforms," Lowery said, adding that the recorded images have been used to train staff, as well as to provide definitive evidence to confirm or dismiss complaints.

Department of Family and Protective Services data show the number of confirmed allegations at state supported living centers — reports that investigators determined were true based on a preponderance of evidence — grew from 8 percent in 2009, before the new cameras, to 9 percent in 2011, a difference of 90 cases. The case confirmation rate at state hospitals fell a percentage point over the same period.

Officials say the new cameras may not be entirely responsible for the difference. But "it has helped with the confirmation rate," said Wendy Ivy, a policy analyst with the protective service's facility investigation unit.

New inquiry policies

The 2009 living center reforms also required that investigations into allegations of abuse at the facilities be pursued differently than at other mental health agencies.

At state hospitals, Department of Family and Protective Services investigators looking into allegations of abuse are given 14 days to respond and finish their initial report. The new rules for the living centers require the reports be completed more expeditiously, in 10 days.

As with the Texas Youth Commission, the reforms also empowered the Health and Human Services Commission's Office of Inspector General to act as official law enforcement agents and assist with investigations — but only on those cases within the state supported living centers.

Perhaps the biggest difference in abuse inquiries between facilities, however, has been in how investigators can research and weigh an accused perpetrator's past record. At state hospitals, detectives generally do not take into account previous complaints and accusations against an individual.

Because of the 2009 federal reforms, however, the same investigators examining comparable allegations at the living centers must examine older cases to identify patterns. "Trends shall be tracked by the categories of: type of incident; staff alleged to have caused the incident; individuals directly involved; location of incident; date and time of incident; cause(s) of incident; and outcome of investigation," the new law stated.

Even if the new investigation is inconclusive, Ivy said, examiners can still document a noteworthy history of complaints on the "concerns and recommendations" portion of their reports, alerting future investigators to a suspect's troubled past.

Trending analysis "makes a big difference when you have a perpetrator who's constantly being reported, being called in for the same incidents time after time by different individuals," Mitchell added.

State records show that seven boys ages 13 to 17 who were patients at the Austin State Hospital accused Fischer of inappropriate sexual contact between 2001 and 2006 and that two others made complaints against him while he was working at other facilities.

Hospitals follow suit

State officials say they are already changing how they run the hospitals and investigate abuse incidents. Two weeks ago, executives announced a ban on after-hours therapy sessions unless two staff members are present and a requirement that individual treatment services occur only in rooms with windows or in locations that can be observed by other staff members — all rules adopted years earlier by the Texas Youth Commission following its 2007 scandal, Hurley said.

State Rep. Elliott Naishtat, D-Austin, said he plans to introduce a bill in 2013 that would require the Department of State Health Services to perform a more extensive FBI fingerprint background check on employees — a safeguard already required by the Department of Aging and Disability Services, which runs the state centers.

Hospital administrators also have ordered "a review of sexual abuse allegations, confirmations and actions taken \u2026 to identify any trends" in old state hospital cases. The Department of Family and Protective Services announced that it was undertaking a review of all sexual abuse complaints filed in the past five years at every state facility. "Trends or patterns may result in the reopening of old cases," agency spokesman Patrick Crimmins said. "We want to make sure we haven't missed anything."

Williams said officials also are discussing whether to add more cameras to state hospitals, although vulnerabilities of its patients could limit where and how many. "These are psychiatric patients who come to us for mental health treatment, and they have a right to privacy," she said

Still, she added, "there will be more changes. We're looking at what other agencies have done."

About this story

Last month, the American-Statesman broke the story that state investigators had found credible evidence that longtime staff psychiatrist Charles Fischer had sexually abused two of his patients at Austin State Hospital. Soon after the story, state health officials announced immediate reforms to protect patients, and the Texas Medical Board suspended Fischer's license based on its determination that he had abused nine children under his care dating back to the early 1990s.

Source http://www.statesman.com/news/statesman-investigates/scandals-at-texas-agency-facilities-brought-reforms-but-2010985.html

Thursday, November 3, 2011

Police Won't File Charges Against Texas Judge Caught on Video Beating Daughter

Associated Press

Police say a Texas judge who was secretly videotaped beating his teenage daughter seven years ago won't face charges because the statutes of limitations have passed.

Rockport Police Chief Tim Jayroe said Thursday that Aransas County Court-at-Law Judge William Adams likely would have been charged with causing injury to a child and other assault offenses if the five-year statutes of limitations hadn't expired.

Adams is still being investigated by the state Department of Family and Protective Services, which has requested he not preside over any of its cases.

Adams' 23-year-old daughter, Hillary, posted the 8-minute clip of the 2004 beating on YouTube last week that shows her father savagely lash her 17 times with a belt.

Hillary Adams says that until last week, only a couple of close friends knew about the savage beating she received seven years ago from her father, a Texas judge who handles child abuse cases.

Adams says the outpouring of support and encouragement she's received since posting the video online last week is tempered by the sadness that it's her father lashing her with a belt and threatening to beat her "into submission." The video had been watched nearly 2 million times by Thursday morning.

"I'm experiencing some regret because I just pulled the covers off my own father's misbehavior after so many people thought he was such a good person. ... But so many people are also telling me I did the right thing," she told The Associated Press outside her mother's home in the Gulf Coast town of Portland, near Corpus Christi.

"He's supposed to be a judge who exercises fit judgment," she said."I cannot stress enough -- I cannot repeat myself enough, that he just needs help."

And she said the videoed attack was not a one-off. "It did happen regularly for a period of time," she told NBC's "Today" show on Thursday.

In the same interview, Hallie Adams blamed her ex-husband's bouts of violence on his "addiction," calling it a "family secret." She did not elaborate. Their 22-year marriage ended in 2007.

The judge did not return an AP reporter's call seeking comment early Thursday.

Police in Rockport, where the 51-year-old judge lives, opened an investigation Wednesday after receiving calls from several concerned citizens, Police Chief Tim Jayroe said.

William Adams has been receiving threatening phone calls and faxes at the courthouse since the video went online, Aransas County Sheriff Bill Mills said.

No one answered the door Wednesday at the judge's home, repeated calls to his office rang unanswered and his attorney, William Dudley, did not respond to phone messages seeking comment. A neighbor said she saw Adams and his girlfriend packing luggage, a briefcase and rifles into their truck.

Corpus Christi television station KZTV caught up with the judge while he was getting into his vehicle Wednesday, and he confirmed it was him in the video. But he said it "looks worse than it is" and that he doesn't expect to be disciplined.

"In my mind, I haven't done anything wrong other than discipline my child after she was caught stealing," Adams said. "And I did lose my temper, but I've since apologized."

When told of her father's comments, Hillary Adams said, "it's a shining perfect example of his personality and he believes he can do no wrong. ... He will cover up rather than admit to what he did and try to come clean."

She stressed that she did not post the video as revenge and does not want her father punished. Rather, she did it because she thinks it will force him to seek help, and because he has been harassing her and she thought posting the clip would make that stop.

"We need to reach out to victims and the abusers themselves to get people to realize what it actually is," she said. Hillary, who was 16 at the time, said she secretly videotaped the beating in her bedroom because she "knew something was about to happen." She says her parents were angry at her for using her computer to download pirated content over the Internet.

In the clip's opening seconds, William Adams is heard telling Hillary's mother, "Go get the belt. The big one. I'm going to spank her now." With belt in hand, he turns off the light and tries forcing his daughter to bend over the bed to be beaten, but she refuses.

"Lay down or I'll spank you in your (expletive) face," Adams screams while he lashes her with sweeping blows across the legs, ignoring her wails and pleas for him to stop.

A few minutes into the video, Hillary's mother barks at her to "turn over like a 16-year-old and take it! Like a grown woman!" For about a minute, the ordeal appears to have ended after both parents leave the room and shut the door. But the judge then storms back into the room and the beating resumes.

Hallie Adams said she was "completely brainwashed and controlled" by her ex-husband.

"I did every single thing that he did," she told NBC. Hillary Adams said she is not angry at her mother.

Child advocates roundly condemned the beating as abuse. But investigators may decide that the judge's actions, while shocking, weren't criminal.

The lines between what's deemed child abuse and what's considered an acceptable level of discipline differ across the country and among various social groups, though the use of objects such as belts and sticks is usually seen as beyond any normal physical punishment, said David Finkelhor, a University of New Hampshire sociology professor who heads the school's Crimes against Children Research Center.

Adams, Aransas County's top judge, was elected in 2001 and has dealt with at least 349 family law cases in the past year alone, nearly 50 of which involved state caseworkers seeking determine whether parents were fit to raise their children.

Patrick Crimmins, a spokesman for the state Department of Family and Protective Services, said in an email that the agency is aware of the video and "will take the appropriate steps in this matter." He said the agency would have no further comment.

Source http://www.foxnews.com/us/2011/11/03/texas-judge-caught-on-video-beating-daughter-needs-help/

Lawyer: Charges will be tough against judge in beating video

By Tracy Sabo, Ashley Hayes and Moni Basu, CNN

Dallas (CNN) -- A Texas judge whose daughter posted a graphic video of him beating her repeatedly has unleashed torrents of public anger but he may not ever face criminal prosecution.

Hillary Adams, now 23, uploaded a video of her father whipping her with a belt, cursing at her and berating her. She said Thursday that violence was a regular occurrence in her family home.

"It did happen regularly, for a period of time, and I could tell, because of the pattern, that things were escalating again," she said on NBC's "Today."

Her father, William Adams, a court-at-law judge in Aransas County, Texas, faces a police investigation and a judicial conduct probe.

Aransas County District Attorney Patrick Flanigan said authorities are looking at numerous factors, including the child's age and the statute of limitations.

The law is complex on which charges could be brought, he said, and which statutes may apply -- all speculation until the video is confirmed to be authentic.

"We're in a fact-finding situation now to determine what is true," he said. His office will look at how the law has changed in the past couple of years, as there could have been different laws in effect at the time.

However, a criminal defense lawyer said it was not likely that Adams could be prosecuted.

In an offense involving injury to a child, Texas law defines a child as being 14 years or less, said Houston lawyer Chris Tritico. Hillary Adams was 16 in the video.

He said the judge might have been charged with aggravated assault except in Texas, the statute of limitations is three years. The video was filmed in 2004.

"This young lady sat on this videotape for six years," Tritico said. "That's where the problem is."

But outrage over the beating erupted Thursday and in the court of public opinion, William Adams, who handles family-related and juvenile court issues, had already been convicted.

The state Commission of Judicial Conduct was inundated with calls, e-mails and faxes, it said in an online statement announcing the start of a probe into the matter.

"We want to get to the bottom of it ... regardless of who the person is," Flanigan said.

Aransas County Attorney Richard Bianchi said his office was also overwhelmed with calls and e-mails, including some from overseas, since the video went viral on the Internet.

"Just a sad day. It's unfortunate for all the people in that video. It doesn't bode well for the image of our community or our judiciary or our legal community in Aransas County," Bianchi said.

Adams was temporarily relieved of his duties for the next two weeks, and a visiting judge will take over his caseload while the matter is being investigated, according to the office of Aransas County Administrative Judge Burt Mills.

Meanwhile, Hillary Adams appeared on "Today" with her mother, Hallie Adams. Although she participated in the videotaped beating, Hillary Adams said she has since left the marriage because of the abuse and has apologized.

"We're very close now," she said when asked if she was angry at her mother. "When I showed her the video, she started crying, hasn't stopped apologizing, and I forgive her because she knows everything that happened."

Asked how she could condone or participate in the incident, Hillary Adams acknowledged, "It's chilling," but said. "My answer to you and to the world is something that I've been hiding for a very long time. It's a family secret, and that's addiction" on her husband's part.

She did not elaborate, but said, "I lived in an environment of dysfunction and it steadily got worse." She said she left her husband when Hillary was 6 months old and "he shamed me into going back.

"I was completely brainwashed and controlled," Hallie Adams said. "I did every single thing he did."

Hillary Adams said on "Today" that she left her video camera on her dresser recording and covered its light with a scarf in order to capture the video.

The video is punctuated by cracks of the man's belt and the girl's screams and cries.

She waited seven years to release it because at the time it was shot, she was still a minor and living under her father's roof. She didn't know what might happen to herself, her mother or her younger sister, she said.

The 2004 beating occurred when her father was punishing her for using the Internet "to acquire music and games that were unavailable for legal purchase at the time," Hillary Adams wrote on the Internet posting. She said she released the video after being harassed by her father.

"It was the straw that broke the camel's back," she said Thursday. "It wasn't any huge happening or anything." She said she told her father she had the video, "and he didn't seem to think anything of it, and basically dared me to post it."

The video posting said, "Judge William Adams is not fit to be anywhere near the law system if he can't even exercise fit judgment as a parent himself. Do not allow this man to ever be re-elected again. His 'judgment' is a giant farce. Signed, Hillary Adams, his daughter."

Receiving an outpouring of support after posting the video has been like a form of therapy, she told KRIS, which is based in Corpus Christi, Texas.

"People are believing us now, instead of calling us liars like they have in the past," she said.

In an interview with KZTV outside his Rockport, Texas, home Wednesday, Adams confirmed to a reporter that he was the man beating his daughter with a belt and a board on the video.

"She's mad because I've ordered her to bring the car back, in a nutshell, but yeah, that's me. I lost my temper," Adams told the station. "Her mother was there, she wasn't hurt ... it was a long time ago ... I really don't want to get into this right now because as you can see my life's been made very difficult over this child."

Adams continued: "In my mind I have not done anything wrong other than discipline my child when she was caught stealing. I did lose my temper, I've apologized. It looks worse than it is."

A phone number listed for William Adams appeared to be out of service Thursday, with calls not connecting.

Hillary Adams told KRIS that her father was "making light of the situation."

"I just can't believe he would say something like he doesn't think it's a big deal."

At one point in the 7 1/2-minute video, the man says to his near-hysterical daughter, "What happened to you, Hillary? Once you were an obedient, nice little girl. Now you lie, cheat and steal."

He yells at her, "You want to put some more computer games on? You want some more?"

"Are you happy?" he asks her. "Disobeying your parents? You don't deserve to f---ing be in this house."

He also berates the girl's mother for allowing a "f---ing computer" in the house.

The older woman also strikes the girl with a belt once, and near the end of the video instructs the girl not to "touch one other thing on the computer besides your schoolwork until you are given notice otherwise."

Hillary Adams "has had ataxic cerebral palsy from birth that led her to a passion for technology, which was strictly forbidden by her father's backwards views," according to the YouTube posting.

Adams told KRIS that the conduct is "not as bad as it looks on tape." The judge said he had contacted judicial review officials in Austin and "more will come out" in the investigation, KRIS reported.

Asked what he might mean, Hallie Adams said on "Today," "I think that the story that's going to come out ... in his mind is that he's projected his problem onto me. For the entire four years since I've left the marriage, I've been abused and harassed through texts, e-mail." She said she told William Adams in June that she would not speak to him again, and "he has threatened to file for modification and take my younger daughter away from me."

Asked whether she wants her father to lose his job, Hillary Adams said on "Today," "I think wishing anybody to lose their job is not a really good thing to do," but "his being fit for the job, that's something I really can't say that he is."

She said she believes her father has been punished enough by the video being made public, "and I just think he really needs help and rehabilitation. We need to get him counseling or something."

She said she regretted that it was her own father "but at the same time so many people are telling me I did the right thing."

One court employee called Adams a good judge and told CNN affliate KTRK that there were always two sides to every story.

Whether Adams will face consequences for beating his daughter remains to be seen. But he will have to face the public three years from now, when he is up for re-election.

This article is based on reporting by Tracy Sabo in Dallas and Dave Alsup, Ashley Hayes and Moni Basu in Atlanta. CNN's Carma Hassan and Michael Martinez contributed to this report.

Source http://www.cnn.com/2011/11/03/justice/texas-video-beating/index.html?hpt=hp_t2

Texas judge confirms video of him beating daughter, says 'I lost my temper'

Blog authors note:
Here is a good example of the sadistic people who run family courts and make judgements against parents who truly love their children and which many are in front of these sadists due to false allegations.
-----



By By Tracy Sabo and Ashley Hayes, CNN

Dallas (CNN) -- A Texas judge faces a police investigation and judicial probe after a video showing him beating his then-16-year-old disabled daughter was posted on the Internet.

The graphic video drew international outrage after it was posted by a woman who said she was the victim of the beating seven years ago and that her parents -- including her father, Aransas County, Texas, Court-At-Law Judge William Adams -- were the ones seen beating and cursing at her in the video.

On Wednesday afternoon, Judge Adams was temporarily relieved of his duties for the next two weeks, and a visiting judge will take over his caseload while the matter is being investigated, according to the office of Aransas County Administrative Judge Burt Mills.

No court dates were scheduled this week, Mills' office said.

In an interview with KZTV outside his Rockport, Texas, home Wednesday, Adams confirmed to a reporter that he was the man beating his daughter with a belt and a board on the video, taped in 2004.

"She's mad because I've ordered her to bring the car back, in a nutshell, but yeah, that's me. I lost my temper," Adams told the TV station. "Her mother was there, she wasn't hurt ... it was a long time ago ... I really don't want to get into this right now because as you can see my life's been made very difficult over this child."

Adams continued: "In my mind I have not done anything wrong other than discipline my child when she was caught stealing. I did lose my temper, I've apologized. It looks worse than it is."

Speaking via phone to Texas television station KRIS, a woman who identified herself as Hillary Adams, the daughter in the video, said she posted the video, and criticized her father for "making light of the situation."

"I just can't believe he would say something like, he doesn't think it's a big deal," she said.

She told KRIS she set up the camera to record the incident seven years ago, but waited for "the right time" to release the video.

"Waiting this long to publish it has enabled me to look at it with hindsight and not be so caught up in the passion of the moment," Hillary Adams said. "I think we do, my mother and I, we do need to try to move on past the anger and just concentrate on getting counseling and help."

Receiving an outpouring of support after posting the video has been like a form of therapy, she told KRIS, which is based in Corpus Christi, Texas.

"People are believing us now, instead of calling us liars like they have in the past," she said.

Aransas County Attorney Richard Bianchi said his office has been overwhelmed with calls and e-mails, including some from overseas, since the video went viral on the Internet.

"Just a sad day. It's unfortunate for all the people in that video. It doesn't bode well for the image of our community or our judiciary or our legal community in Aransas County," Bianchi said.

When asked if Judge Adams could continue to work under the media attention and while the Texas State Commission on Judicial Conduct investigates, Bianchi replied: "That depends on his state of mind. He'll have to look himself in the mirror and ask if he can conduct himself fairly and make good decisions."

Judge Adams is up for re-election in three years, Judge Mills told CNN. He was elected to a four-year term last year, said Aransas County Clerk Peggy Friebele.

Asked if there were any similar or past incidents in the longtime judge's personnel record, Bianchi stated: "Nothing involving the county attorney's office... He, like all of us, has his personal life struggles... he had a divorce." Adams was the county judge, an administrative position, before being elected as a county court-at-law judge about 10 years ago, Bianchi said.

A person identifying herself as Hillary Adams said in posting the video to the sharing site Reddit she decided to post it after receiving a "barrage of harassment" over the phone from her father.

The video, apparently shot on a webcam, was also posted to YouTube. In that posting, the person identifying herself as Hillary Adams said the beating occurred in 2004, when her father was punishing her for using the Internet "to acquire music and games that were unavailable for legal purchase at the time."

The video posting said, "Judge William Adams is not fit to be anywhere near the law system if he can't even exercise fit judgment as a parent himself. Do not allow this man to ever be re-elected again. His 'judgment' is a giant farce. Signed, Hillary Adams, his daughter."

CNN tried repeatedly on Wednesday to reach William Adams at his Rockport, Texas, office, but received a constant busy signal.

But Adams told Texas television station KRIS that the conduct is "not as bad as it looks on tape." The judge said he had contacted judicial review officials in Austin and "more will come out" in the investigation, KRIS reported

Meanwhile, Aransas County Administrative Judge Mills told CNN that he spoke with Adams on Wednesday morning.

"I talked to him this morning and he was pretty upset," Mills said. He added that Adams was due to be off from work Wednesday for personal reasons.

Judge Adam's ex-wife, Hallie Adams, posted a comment on Facebook about the video, according to KRIS.

The posting attributed to Hallie Adams states: "I am praying for my daughters and me and my family to heal in all ways from emotional and physical abuse, for the current and continuing abuse of my children and me that has been ongoing to end -- starting now -- for my daughters to both finally be able to go to counseling both individually and as a family group with their dad's approval, encouragement, involvement and support, for him to finally make amends to all of us, talk openly with us, and take the first steps to letting our broken family heal."

A page called "Don't Re-Elect Judge William Adams" also sprang up on Facebook, attracting more than 13,000 "likes" by Wednesday night. Messages were posted by users in countries including Australia, the Netherlands and Guatemala, among others, and a Spanish-language version of the video was posted on YouTube.

"This man doesn't deserve power," said a posting on the Facebook page. "He doesn't know how to use it."

A person identifying herself as Hillary Adams, on a Twitter account using the same username as the posting on Reddit, tweeted to CNN, "I'm not sure how much I should say, except that above all we need to help my father instead of condemning him."

In another tweet, the person said, "I'm feeling some regret for publishing the video because to ruin my own father is heavy indeed. But I really want him to seek help."

The video was brought to authorities' attention about 9 p.m. Tuesday, Rockport Police Chief Tim Jayroe told CNN, and authorities are investigating to determine its authenticity.

Aransas County District Attorney Patrick Flanigan told CNN authorities are looking at numerous factors, including the child's age and the statute of limitations.

The law is complex on which charges could be brought, he said, and which statutes may apply -- which is all speculation until the video is confirmed to be authentic.

"We're in a fact-finding situation now to determine what is true," he said, and the district attorney's office will get updates from the police department about the investigation.

In addition, he said, his office will look at how the law has changed in the past couple of years, as there could have been different laws in effect at the time.

The possibility of an alleged abuser holding a position of authority such as a judge "doesn't matter and shouldn't matter" in the investigation, District Attorney Flanigan said, adding, "it will be a normal review."

As a judge, Adams handles misdemeanor cases, including family-related and juvenile court issues, Flanigan said. Those cases rarely move to the criminal side or cross to his purview, he said.

"We want to get to the bottom of it ... regardless of who the person is," he said.

The Texas State Commission on Judicial Conduct declined comment on the matter Wednesday, but it said it was aware of the situation. A woman answering the phone said the commission has been "overwhelmed."

Hillary Adams "has had ataxic cerebral palsy from birth that led her to a passion for technology, which was strictly forbidden by her father's backwards views," according to the posting on the YouTube video. "The judge's wife was emotionally abused herself and was severely manipulated into assisting the beating and should not be blamed for any content in this video."

Attempts by CNN to contact Hillary Adams' mother were not immediately successful Wednesday.

The video is punctuated by cracks of the man's belt and the girl's screams and cries.

At one point, the man says to his near-hysterical daughter, "What happened to you, Hillary? Once you were an obedient, nice little girl. Now you lie, cheat and steal."

At another point in the 7 1/2-minute video, he yells at her, "You want to put some more computer games on? You want some more?"

"Are you happy?" he asks her. "Disobeying your parents? You don't deserve to f---ing be in this house."

He also berates the older woman, who identifies herself as the girl's mother, for allowing a "f---ing computer" in the house.

The older woman also strikes the girl with a belt once, and near the end of the video instructs the girl not to "touch one other thing on the computer besides your schoolwork until you are given notice otherwise."

The girl was apparently 16 at the time the video is taken, as the older woman at one point instructs her to "turn over like a 16-year-old and take it."

Judge Adams' work schedule will be reassessed as new information is revealed in the investigation, Mills' office said.

Police and the district attorney are taking the investigation seriously, Jayroe, the police chief, said. Investigators have not yet spoken to Hillary Adams or her family, he said, and have not tried to contact William Adams.

"We would want to talk to her," he said of Hillary Adams.

Jayroe said his department has asked the Texas Department of Public Safety for assistance with an investigator. "It's the first time in 22 years we've asked for assistance," he said.

Source http://www.cnn.com/2011/11/02/justice/texas-video-beating/?hpt=hp_t2

Thursday, September 29, 2011

Texas Child Wins Protection From State Child Welfare Agency


Texas court is sending an urgent message to child protective services agencies across the country: Stop harming children in the name of "protecting" them, according to a national child advocacy organization.

The National Coalition for Child Protection Reform responded Thursday to a decision by a court in Texas ordering the Texas Child Protective Services agency to stay away from a 14-year-old girl.

Such "orders of protection" are common in domestic violence cases. "But we've never heard of such an order protecting a child from a child welfare agency – until now," said NCCPR Executive Director Richard Wexler.

In the Texas case, according to KHOU-TV, a 14-year-old was taken after allegations of neglect, apparently as a result of a misunderstanding. After 18 months during which she was repeatedly abused in a group home, she couldn't take it anymore and ran away. According to the family's lawyer, the caseworker then said something that speaks volumes about whether the child ever needed to be taken:

"The case worker called [her] mom and said she ran away, but you find her, you can keep her," attorney Julie Ketterman told KHOU.

The mother did find her daughter. Then Ketterman went to court and won the family that order of protection. The court ruled that "[CPS] engaged in conduct constituting family violence and good cause exists for issuance of a protective order...in the best interest of the child."

"Sadly the only thing unusual about this case is the outcome," said Wexler. "Tens of thousands of times every year, all across America, children are needlessly taken from everyone they know and love. The emotional trauma is, in itself, devastating. But several studies have found abuse in one-quarter to one-third of foster homes and the record of group homes and institutions is even worse.

"All those cases of children wrongfully removed overload CPS agencies, so workers have less time to find children in real danger who really do need to be taken from their parents.

"We congratulate this family for its courage and we congratulate their lawyer, Ms. Ketterman, for finding an innovative way to protect her client – and send a message across the country," Wexler said.

SOURCE National Coalition for Child Protection Reform

Tuesday, September 27, 2011

Children's Right: Texas' Rick Perry defends dismal treatment of foster care kids

AUSTIN, September 27, 2011—Last March, a child advocacy group filed a lawsuit against the state of Texas, claiming serious problems in that state’s foster care system.

The 89-page lawsuit was filed by the New York-based child advocacy group Children’s Rights on behalf of nine Texas children between the ages of nine and 16.

Among the most common abuses in the Texas system under Governor Perry’s stewardship, is the uprooting of foster care children. Statistics show that, as of 2009, children who had been in the state's custody more than three years had been in an average of 11 different homes or shelters.

The lawsuit alleges that under the leadership of Governor Rick Perry, the state of Texas has allowed these children, and, reportedly 12,000 others, to be bounced from home to home under the foster care system, systematically denying them a right to a permanent family.

The suit also claims that children in the state’s foster care suffer both physical and mental abuse, are denied mental health services, and are routinely separated from siblings.

The suit cites specific examples of the detriment caused by Perry’s administration to foster kids, like one child who wound up in a hospital in Belton, Texas so severely medicated that he was brought in on a stretcher unable to stand or communicate. Another incident is detailed involving a child who was consistently sexually abused by his foster care family chosen by the state.

While the suit seeks no damages, it asks that the state reform and improve its foster care system, which during Perry’s tenure has been seriously compromised due to negligent supervision and outsourced contracts to third parties without accountability.

Governor Rick Perry, who is officially one of the defendants in the suit, had his office issue this innocuous statement in response:

Child protective services has continued to be a priority for the governor, including declaring CPS reform an emergency item in the 2005 legislative session, and taking other steps to further improve the system since then.

The governor believes the elected members of the Texas Legislature, rather than a New York interest group or a federal judge, are better suited to determine how the State of Texas should care for some of our most vulnerable Texans – our children.

The governor expects the agency to continue ensuring Texas children are safe, and receive the proper care and services they need.

Source http://communities.washingtontimes.com/neighborhood/red-thread-adoptive-family-forum/2011/sep/27/rick-perry-defends-dismal-treatment-foster-care-ki/