ChildLaw Blog
Commentary, insight and analysis on children's law, policy and current issues. Big Pharma: if you can't treat 'em then drug 'em
By James R. Marsh on December 10, 2009 11:10 AM
Powerful mood-altering drugs were prescribed to hundreds of Illinois foster children without the required consent of state child welfare officials, a Chicago Tribune analysis of government data has found.
And increasing numbers of young wards were diagnosed with bipolar disorder and given a class of anti-psychotic medicines that some physicians consider risky for youths because they can cause such side effects as metabolic abnormalities and pronounced weight gain.
Psychiatrist Michael Naylor, MD, who reviews psychotropic medicine regimens for DCFS, said that he worries that "marketing efforts" by pharmaceutical companies are driving increasing diagnoses of bipolar disorder leading to more prescriptions for antipsychotic medicines, and that some "physicians are skirting the consent laws."
A separate report by the University of Illinois at Chicago's department of psychiatry finds that an Illinois psychiatric hospital used medications as chemical restraints on kids. Streamwood Behavioral Health Center, "one of Illinois' largest psychiatric hospitals, dosed foster children with dangerous combinations of mood-altering" medications, "sometimes using the medicines as 'chemical restraints' to control youth who needed counseling."
The report also found that the center, "which has treated roughly 475 Department of Children and Family Services wards since 2007, is 'so understaffed as to be counter-therapeutic,'" and that "hospital staff resorted to extraordinarily high rates of emergency psychiatric medications, physical restraints, and seclusion." Categories:Child Welfare News,Children's Legal Issues
Tags:Foster Care
http://www.childlaw.us/2009/12/big-pharma-if-you-cant-treat-e.html?utm_source=feedb
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This article is about Illinois, but the drugging of our children is taking place all over our Nation. In NH, my grandson Austin, who is in State custody is also being drugged, due to his new found violent behavior. Behavior he never experienced before taken by DCYF.
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Friday, December 11, 2009
Have You Been Effected by NH DCYF and the NH Judicicial System?
If you've been effected by the corruption within NH DCYF and the NH Courts, it's time to come forward and file your complaint's with The Redress Grievance Caucus. This Caucus is made up of our own NH State Representatives. These are the people we voted into office and it seem's they are the only elected official's willing to listen and push for change and accountability.
They have already submitted petitions from a number of NH citizen's in this fight against the corruption within NH DCYF and the NH Judicial system.
If the people of NH want change, this is your chance to be heard and counted.
To file your complaint's, Please contact:
Paul Ingbretson at: ingbretson_studio@yahoo.com
And
Dan Itse at: itsenh@comcast.net
They have already submitted petitions from a number of NH citizen's in this fight against the corruption within NH DCYF and the NH Judicial system.
If the people of NH want change, this is your chance to be heard and counted.
To file your complaint's, Please contact:
Paul Ingbretson at: ingbretson_studio@yahoo.com
And
Dan Itse at: itsenh@comcast.net
Thursday, December 10, 2009
American Legal System Is Corrupt Beyond Recognition, Judge Tells Harvard Law School
American Legal System Is Corrupt Beyond Recognition,Judge Tells Harvard Law School
Massachusetts News
By Geraldine Hawkins
March 7, 2003
The American legal system has been corrupted almost beyond recognition, Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit, told the Federalist Society of Harvard Law School on February 28.
She said that the question of what is morally right is routinely sacrificed to what is politically expedient. The change has come because legal philosophy has descended to nihilism.
"The integrity of law, its religious roots, its transcendent quality are disappearing. I saw the movie 'Chicago' with Richard Gere the other day. That's the way the public thinks about lawyers," she told the students.
"The first 100 years of American lawyers were trained on Blackstone, who wrote that: 'The law of nature … dictated by God himself … is binding … in all counties and at all times; no human laws are of any validity if contrary to this; and such of them as are valid derive all force and all their authority … from this original.' The Framers created a government of limited power with this understanding of the rule of law - that it was dependent on transcendent religious obligation," said Jones.
She said that the business about all of the Founding Fathers being deists is "just wrong," or "way overblown." She says they believed in "faith and reason," and this did not lead to intolerance.
"This is not a prescription for intolerance or narrow sectarianism," she continued, "for unalienable rights were given by God to all our fellow citizens. Having lost sight of the moral and religious foundations of the rule of law, we are vulnerable to the destruction of our freedom, our equality before the law and our self-respect. It is my fervent hope that this new century will experience a revival of the original understanding of the rule of law and its roots.
"The answer is a recovery of moral principle, the sine qua non of an orderly society. Post 9/11, many events have been clarified. It is hard to remain a moral relativist when your own people are being killed."
According to the judge, the first contemporary threat to the rule of law comes from within the legal system itself.
Alexis de Tocqueville, author of Democracy in America and one of the first writers to observe the United States from the outside looking-in, "described lawyers as a natural aristocracy in America," Jones told the students. "The intellectual basis of their profession and the study of law based on venerable precedents bred in them habits of order and a taste for formalities and predictability." As Tocqueville saw it, "These qualities enabled attorneys to stand apart from the passions of the majority. Lawyers were respected by the citizens and able to guide them and moderate the public's whims. Lawyers were essential to tempering the potential tyranny of the majority.
"Some lawyers may still perceive our profession in this flattering light, but to judge from polls and the tenor of lawyer jokes, I doubt the public shares Tocqueville's view anymore, and it is hard for us to do so.
"The legal aristocracy have shed their professional independence for the temptations and materialism associated with becoming businessmen. Because law has become a self-avowed business, pressure mounts to give clients the advice they want to hear, to pander to the clients' goal through deft manipulation of the law. … While the business mentality produces certain benefits, like occasional competition to charge clients lower fees, other adverse effects include advertising and shameless self-promotion. The legal system has also been wounded by lawyers who themselves no longer respect the rule of law,"
The judge quoted Kenneth Starr as saying, "It is decidedly unchristian to win at any cost," and added that most lawyers agree with him.
However, "An increasingly visible and vocal number apparently believe that the strategic use of anger and incivility will achieve their aims. Others seem uninhibited about making misstatements to the court or their opponents or destroying or falsifying evidence," she claimed. "When lawyers cannot be trusted to observe the fair processes essential to maintaining the rule of law, how can we expect the public to respect the process?"
Lawsuits Do Not Bring 'Social Justice'
Another pernicious development within the legal system is the misuse of lawsuits, according to her.
"We see lawsuits wielded as weapons of revenge," she says. "Lawsuits are brought that ultimately line the pockets of lawyers rather than their clients. … The lawsuit is not the best way to achieve social justice, and to think it is, is a seriously flawed hypothesis. There are better ways to achieve social goals than by going into court."
Jones said that employment litigation is a particularly fertile field for this kind of abuse.
"Seldom are employment discrimination suits in our court supported by direct evidence of race or sex-based animosity. Instead, the courts are asked to revisit petty interoffice disputes and to infer invidious motives from trivial comments or work-performance criticism. Recrimination, second-guessing and suspicion plague the workplace when tenuous discrimination suits are filed … creating an atmosphere in which many corporate defendants are forced into costly settlements because they simply cannot afford to vindicate their positions.
"While the historical purpose of the common law was to compensate for individual injuries, this new litigation instead purports to achieve redistributive social justice. Scratch the surface of the attorneys' self-serving press releases, however, and one finds how enormously profitable social redistribution is for those lawyers who call themselves 'agents of change.'"
Jones wonders, "What social goal is achieved by transferring millions of dollars to the lawyers, while their clients obtain coupons or token rebates."
The judge quoted George Washington who asked in his Farewell Address, "Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths … in courts of justice?"
Similarly, asked Jones, how can a system founded on law survive if the administrators of the law daily display their contempt for it?
"Lawyers' private morality has definite public consequences," she said. "Their misbehavior feeds on itself, encouraging disrespect and debasement of the rule of law as the public become encouraged to press their own advantage in a system they perceive as manipulatable."
The second threat to the rule of law comes from government, which is encumbered with agencies that have made the law so complicated that it is difficult to decipher and often contradicts itself.
"Agencies have an inherent tendency to expand their mandate," says Jones. "At the same time, their decision-making often becomes parochial and short-sighted. They may be captured by the entities that are ostensibly being regulated, or they may pursue agency self-interest at the expense of the public welfare. Citizens left at the mercy of selective and unpredictable agency action have little recourse."
Jones recommends three books by Philip Howard: The Death of Common Sense, The Collapse of the Common Good and The Lost Art of Drawing the Line, which further delineate this problem.
The third and most comprehensive threat to the rule of law arises from contemporary legal philosophy.
"Throughout my professional life, American legal education has been ruled by theories like positivism, the residue of legal realism, critical legal studies, post-modernism and other philosophical fashions," said Jones. "Each of these theories has a lot to say about the 'is' of law, but none of them addresses the 'ought,' the moral foundation or direction of law."
Jones quoted Roger C. Cramton, a law professor at Cornell University, who wrote in the 1970s that "the ordinary religion of the law school classroom" is "a moral relativism tending toward nihilism, a pragmatism tending toward an amoral instrumentalism, a realism tending toward cynicism, an individualism tending toward atomism, and a faith in reason and democratic processes tending toward mere credulity and idolatry."
No 'Great Awakening' In Law School Classrooms
The judge said ruefully, "There has been no Great Awakening in the law school classroom since those words were written." She maintained that now it is even worse because faith and democratic processes are breaking down.
"The problem with legal philosophy today is that it reflects all too well the broader post-Enlightenment problem of philosophy," Jones said. She quoted Ernest Fortin, who wrote in Crisis magazine: "The whole of modern thought … has been a series of heroic attempts to reconstruct a world of human meaning and value on the basis of … our purely mechanistic understanding of the universe."
Jones said that all of these threats to the rule of law have a common thread running through them, and she quoted Professor Harold Berman to identify it: "The traditional Western beliefs in the structural integrity of law, its ongoingness, its religious roots, its transcendent qualities, are disappearing not only from the minds of law teachers and law students but also from the consciousness of the vast majority of citizens, the people as a whole; and more than that, they are disappearing from the law itself. The law itself is becoming more fragmented, more subjective, geared more to expediency and less to morality. … The historical soil of the Western legal tradition is being washed away … and the tradition itself is threatened with collapse."
Judge Jones concluded with another thought from George Washington: "Of all the dispositions and habits which lead to prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness - these firmest props of the duties of men and citizens."
Upon taking questions from students, Judge Jones recommended Michael Novak's book, On Two Wings: Humble Faith and Common Sense.
"Natural law is not a prescriptive way to solve problems," Jones said. "It is a way to look at life starting with the Ten Commandments."
Natural law provides "a framework for government that permits human freedom," Jones said. "If you take that away, what are you left with? Bodily senses? The will of the majority? The communist view? What is it - 'from each according to his ability, to each according to his need?' I don't even remember it, thank the Lord," she said to the amusement of the students.
"I am an unabashed patriot - I think the United States is the healthiest society in the world at this point in time," Jones said, although she did concede that there were other ways to accommodate the rule of law, such as constitutional monarchy.
"Our legal system is way out of kilter," she said. "The tort litigating system is wreaking havoc. Look at any trials that have been conducted on TV. These lawyers are willing to say anything."
Potential Nominee to Supreme Court
Judge Edith Jones has been mentioned as a potential nominee to the Supreme Court in the Bush administration, but does not relish the idea.
"Have you looked at what people have to go through who are nominated for federal appointments? They have to answer questions like, 'Did you pay your nanny taxes?' 'Is your yard man illegal?'
"In those circumstances, who is going to go out to be a federal judge? People who have accomplished nothing. In other words, federal employees."
Judge Edith H. Jones has a B.A. from Cornell University and a J.D. from the University of Texas School of Law. She was appointed to the Fifth Circuit by President Ronald Reagan in 1985. Her office is in the U.S. Courthouse in Houston.
The Federalist Society was founded in 1982 when a group of law students from Harvard, Stanford, the University of Chicago and Yale organized a symposium on federalism at Yale Law School. These students were unhappy with the academic climate on their campuses for some of the reasons outlined by Judge Jones. The Federalist Society was created to be a forum for a wider range of legal viewpoints than they were hearing in the course of their studies.
From the four schools mentioned above, the Society has grown to include over 150 law school chapters. The Harvard chapter, with over 250 members, is one of the nation's largest and most active. They seek to contribute to civilized dialogue at the Law School by providing a libertarian and conservative voice on campus and by sponsoring speeches and debates on a wide range of legal and policy issues.
The Federalist Society consists of libertarians and conservatives interested in the current state of the legal profession. It is founded on three principles: 1) the state exists to preserve freedom, 2) the separation of governmental powers is central to our Constitution and 3) it is emphatically the province and duty of the judiciary to state what the law is, not what it should be.
Massachusetts News
By Geraldine Hawkins
March 7, 2003
The American legal system has been corrupted almost beyond recognition, Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit, told the Federalist Society of Harvard Law School on February 28.
She said that the question of what is morally right is routinely sacrificed to what is politically expedient. The change has come because legal philosophy has descended to nihilism.
"The integrity of law, its religious roots, its transcendent quality are disappearing. I saw the movie 'Chicago' with Richard Gere the other day. That's the way the public thinks about lawyers," she told the students.
"The first 100 years of American lawyers were trained on Blackstone, who wrote that: 'The law of nature … dictated by God himself … is binding … in all counties and at all times; no human laws are of any validity if contrary to this; and such of them as are valid derive all force and all their authority … from this original.' The Framers created a government of limited power with this understanding of the rule of law - that it was dependent on transcendent religious obligation," said Jones.
She said that the business about all of the Founding Fathers being deists is "just wrong," or "way overblown." She says they believed in "faith and reason," and this did not lead to intolerance.
"This is not a prescription for intolerance or narrow sectarianism," she continued, "for unalienable rights were given by God to all our fellow citizens. Having lost sight of the moral and religious foundations of the rule of law, we are vulnerable to the destruction of our freedom, our equality before the law and our self-respect. It is my fervent hope that this new century will experience a revival of the original understanding of the rule of law and its roots.
"The answer is a recovery of moral principle, the sine qua non of an orderly society. Post 9/11, many events have been clarified. It is hard to remain a moral relativist when your own people are being killed."
According to the judge, the first contemporary threat to the rule of law comes from within the legal system itself.
Alexis de Tocqueville, author of Democracy in America and one of the first writers to observe the United States from the outside looking-in, "described lawyers as a natural aristocracy in America," Jones told the students. "The intellectual basis of their profession and the study of law based on venerable precedents bred in them habits of order and a taste for formalities and predictability." As Tocqueville saw it, "These qualities enabled attorneys to stand apart from the passions of the majority. Lawyers were respected by the citizens and able to guide them and moderate the public's whims. Lawyers were essential to tempering the potential tyranny of the majority.
"Some lawyers may still perceive our profession in this flattering light, but to judge from polls and the tenor of lawyer jokes, I doubt the public shares Tocqueville's view anymore, and it is hard for us to do so.
"The legal aristocracy have shed their professional independence for the temptations and materialism associated with becoming businessmen. Because law has become a self-avowed business, pressure mounts to give clients the advice they want to hear, to pander to the clients' goal through deft manipulation of the law. … While the business mentality produces certain benefits, like occasional competition to charge clients lower fees, other adverse effects include advertising and shameless self-promotion. The legal system has also been wounded by lawyers who themselves no longer respect the rule of law,"
The judge quoted Kenneth Starr as saying, "It is decidedly unchristian to win at any cost," and added that most lawyers agree with him.
However, "An increasingly visible and vocal number apparently believe that the strategic use of anger and incivility will achieve their aims. Others seem uninhibited about making misstatements to the court or their opponents or destroying or falsifying evidence," she claimed. "When lawyers cannot be trusted to observe the fair processes essential to maintaining the rule of law, how can we expect the public to respect the process?"
Lawsuits Do Not Bring 'Social Justice'
Another pernicious development within the legal system is the misuse of lawsuits, according to her.
"We see lawsuits wielded as weapons of revenge," she says. "Lawsuits are brought that ultimately line the pockets of lawyers rather than their clients. … The lawsuit is not the best way to achieve social justice, and to think it is, is a seriously flawed hypothesis. There are better ways to achieve social goals than by going into court."
Jones said that employment litigation is a particularly fertile field for this kind of abuse.
"Seldom are employment discrimination suits in our court supported by direct evidence of race or sex-based animosity. Instead, the courts are asked to revisit petty interoffice disputes and to infer invidious motives from trivial comments or work-performance criticism. Recrimination, second-guessing and suspicion plague the workplace when tenuous discrimination suits are filed … creating an atmosphere in which many corporate defendants are forced into costly settlements because they simply cannot afford to vindicate their positions.
"While the historical purpose of the common law was to compensate for individual injuries, this new litigation instead purports to achieve redistributive social justice. Scratch the surface of the attorneys' self-serving press releases, however, and one finds how enormously profitable social redistribution is for those lawyers who call themselves 'agents of change.'"
Jones wonders, "What social goal is achieved by transferring millions of dollars to the lawyers, while their clients obtain coupons or token rebates."
The judge quoted George Washington who asked in his Farewell Address, "Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths … in courts of justice?"
Similarly, asked Jones, how can a system founded on law survive if the administrators of the law daily display their contempt for it?
"Lawyers' private morality has definite public consequences," she said. "Their misbehavior feeds on itself, encouraging disrespect and debasement of the rule of law as the public become encouraged to press their own advantage in a system they perceive as manipulatable."
The second threat to the rule of law comes from government, which is encumbered with agencies that have made the law so complicated that it is difficult to decipher and often contradicts itself.
"Agencies have an inherent tendency to expand their mandate," says Jones. "At the same time, their decision-making often becomes parochial and short-sighted. They may be captured by the entities that are ostensibly being regulated, or they may pursue agency self-interest at the expense of the public welfare. Citizens left at the mercy of selective and unpredictable agency action have little recourse."
Jones recommends three books by Philip Howard: The Death of Common Sense, The Collapse of the Common Good and The Lost Art of Drawing the Line, which further delineate this problem.
The third and most comprehensive threat to the rule of law arises from contemporary legal philosophy.
"Throughout my professional life, American legal education has been ruled by theories like positivism, the residue of legal realism, critical legal studies, post-modernism and other philosophical fashions," said Jones. "Each of these theories has a lot to say about the 'is' of law, but none of them addresses the 'ought,' the moral foundation or direction of law."
Jones quoted Roger C. Cramton, a law professor at Cornell University, who wrote in the 1970s that "the ordinary religion of the law school classroom" is "a moral relativism tending toward nihilism, a pragmatism tending toward an amoral instrumentalism, a realism tending toward cynicism, an individualism tending toward atomism, and a faith in reason and democratic processes tending toward mere credulity and idolatry."
No 'Great Awakening' In Law School Classrooms
The judge said ruefully, "There has been no Great Awakening in the law school classroom since those words were written." She maintained that now it is even worse because faith and democratic processes are breaking down.
"The problem with legal philosophy today is that it reflects all too well the broader post-Enlightenment problem of philosophy," Jones said. She quoted Ernest Fortin, who wrote in Crisis magazine: "The whole of modern thought … has been a series of heroic attempts to reconstruct a world of human meaning and value on the basis of … our purely mechanistic understanding of the universe."
Jones said that all of these threats to the rule of law have a common thread running through them, and she quoted Professor Harold Berman to identify it: "The traditional Western beliefs in the structural integrity of law, its ongoingness, its religious roots, its transcendent qualities, are disappearing not only from the minds of law teachers and law students but also from the consciousness of the vast majority of citizens, the people as a whole; and more than that, they are disappearing from the law itself. The law itself is becoming more fragmented, more subjective, geared more to expediency and less to morality. … The historical soil of the Western legal tradition is being washed away … and the tradition itself is threatened with collapse."
Judge Jones concluded with another thought from George Washington: "Of all the dispositions and habits which lead to prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness - these firmest props of the duties of men and citizens."
Upon taking questions from students, Judge Jones recommended Michael Novak's book, On Two Wings: Humble Faith and Common Sense.
"Natural law is not a prescriptive way to solve problems," Jones said. "It is a way to look at life starting with the Ten Commandments."
Natural law provides "a framework for government that permits human freedom," Jones said. "If you take that away, what are you left with? Bodily senses? The will of the majority? The communist view? What is it - 'from each according to his ability, to each according to his need?' I don't even remember it, thank the Lord," she said to the amusement of the students.
"I am an unabashed patriot - I think the United States is the healthiest society in the world at this point in time," Jones said, although she did concede that there were other ways to accommodate the rule of law, such as constitutional monarchy.
"Our legal system is way out of kilter," she said. "The tort litigating system is wreaking havoc. Look at any trials that have been conducted on TV. These lawyers are willing to say anything."
Potential Nominee to Supreme Court
Judge Edith Jones has been mentioned as a potential nominee to the Supreme Court in the Bush administration, but does not relish the idea.
"Have you looked at what people have to go through who are nominated for federal appointments? They have to answer questions like, 'Did you pay your nanny taxes?' 'Is your yard man illegal?'
"In those circumstances, who is going to go out to be a federal judge? People who have accomplished nothing. In other words, federal employees."
Judge Edith H. Jones has a B.A. from Cornell University and a J.D. from the University of Texas School of Law. She was appointed to the Fifth Circuit by President Ronald Reagan in 1985. Her office is in the U.S. Courthouse in Houston.
The Federalist Society was founded in 1982 when a group of law students from Harvard, Stanford, the University of Chicago and Yale organized a symposium on federalism at Yale Law School. These students were unhappy with the academic climate on their campuses for some of the reasons outlined by Judge Jones. The Federalist Society was created to be a forum for a wider range of legal viewpoints than they were hearing in the course of their studies.
From the four schools mentioned above, the Society has grown to include over 150 law school chapters. The Harvard chapter, with over 250 members, is one of the nation's largest and most active. They seek to contribute to civilized dialogue at the Law School by providing a libertarian and conservative voice on campus and by sponsoring speeches and debates on a wide range of legal and policy issues.
The Federalist Society consists of libertarians and conservatives interested in the current state of the legal profession. It is founded on three principles: 1) the state exists to preserve freedom, 2) the separation of governmental powers is central to our Constitution and 3) it is emphatically the province and duty of the judiciary to state what the law is, not what it should be.
Wednesday, December 9, 2009
Advocates worry reduced foster care payments will hurt Iowa foster families
Iowa Politics Insider Advocates worry reduced foster care payments will hurt Iowa foster families
By Jennifer Jacobs • jejacobs@dmreg.com • December 9, 2009
Department of Human Services, foster care, Renee Schulte, Roger Munns
Iowa foster parents will get about $35 less each month for expenses for the abused or neglected children they care for on behalf of the state.
That could hurt the foster care system, said several Iowans who oversee the Iowa Department of Human Services. The 10 percent across-the-board budget cut Gov. Chet Culver ordered for this budget year will decrease state spending on foster care subsidies by about $315,000.
“I’m very concerned about these cuts because foster parents are telling me they’re not sure they can keep the foster kids in light of this,” said state Rep. Renee Schulte, R-Cedar Cedar Rapids. “They’re not sure if they’re going to be able to make it because they’re hitting unemployment and hard times in their own families.”
The Council on Human Services, the board with oversight over DHS’s budget and rules, today approved reducing the foster family care subsidy by $1.16 a day to meet the across-the-board cut. They also cut the foster care clothing allowance and limited payments for legal expenses.
Schulte is a non-voting member of the council, but several voting members echoed her concerns. They voted today to send a letter to state lawmakers to let them know foster care subsidies are a priority.
Families who care for foster children without special needs up to age 5 are paid $16.36 a day. That will be lowered to $15.54 with a 5 percent cut. The amount increases based on age.
The lower subsidy is for Jan. 1 until June 30 of next year. Iowa has about 2,300 foster children.
Culver ordered the 10 percent across-the-board cut because tax collections and other state revenues have dropped sharply because of the recession.
Schulte said when she was out door-knocking, one foster parent gave her an earful about the lower foster care subsidies. Families already don’t get enough subsidy money each month to pay for needs such as clothing, especially for teenage foster youth, she said.
DHS Director Charlie Krogmeier told the council members today that “the budget is what it is.”
“I’m sensitive to the fact that foster families probably don’t get paid enough,” he said.
Culver ordered $565 million in cuts in general fund spending, including $144 million in cuts for DHS.
The across-the-board cut for DHS children and family services amounts to $2.3 million less in spending, which includes federal money. Foster care subsidies fall under the children and family services category, as do adoption subsidies.
Adoption subsidies will be cut by $874,000.
In Iowa, about 8,000 children are being subsidized in adoptive homes. About 95 percent of adoptions from the child welfare system are subsidized. Federal law precludes a “means test” that would be used to deny a subsidy. The payments last until age 18.
Krogmeier said the subsidy rates might go back up in July when the new budget year begins. Council chairman James A. Miller asked him why he thinks that.
“You might say we’re hopeful, or possibly naive,” Krogmeier answered.
DHS spokesman Roger Munns said after the meeting that the decision to reduce foster rates was not an easy one, and that other programs were cut more severely in order to cushion the blow on foster payments.
“We do ask a lot from our foster parents and we would like to pay them more,” Munns said. “We know that people don’t become foster parents for the money, but they do need help meeting the costs that an extra child or two will require.”
A couple of the council members today worried that the lower payments will hamper recruitment of foster parents.
Munns said the payment rate, while important, is a secondary barrier in recruiting. The main issue is finding people willing to open their homes to older kids, often with behavioral issues, or to children who come in pairs or threes.
http://blogs.desmoinesregister.com/dmr/index.php/2009/12/09/adocates-worry-reduced-foster-care-payments-will-hurt-iowa-foster-families/
By Jennifer Jacobs • jejacobs@dmreg.com • December 9, 2009
Department of Human Services, foster care, Renee Schulte, Roger Munns
Iowa foster parents will get about $35 less each month for expenses for the abused or neglected children they care for on behalf of the state.
That could hurt the foster care system, said several Iowans who oversee the Iowa Department of Human Services. The 10 percent across-the-board budget cut Gov. Chet Culver ordered for this budget year will decrease state spending on foster care subsidies by about $315,000.
“I’m very concerned about these cuts because foster parents are telling me they’re not sure they can keep the foster kids in light of this,” said state Rep. Renee Schulte, R-Cedar Cedar Rapids. “They’re not sure if they’re going to be able to make it because they’re hitting unemployment and hard times in their own families.”
The Council on Human Services, the board with oversight over DHS’s budget and rules, today approved reducing the foster family care subsidy by $1.16 a day to meet the across-the-board cut. They also cut the foster care clothing allowance and limited payments for legal expenses.
Schulte is a non-voting member of the council, but several voting members echoed her concerns. They voted today to send a letter to state lawmakers to let them know foster care subsidies are a priority.
Families who care for foster children without special needs up to age 5 are paid $16.36 a day. That will be lowered to $15.54 with a 5 percent cut. The amount increases based on age.
The lower subsidy is for Jan. 1 until June 30 of next year. Iowa has about 2,300 foster children.
Culver ordered the 10 percent across-the-board cut because tax collections and other state revenues have dropped sharply because of the recession.
Schulte said when she was out door-knocking, one foster parent gave her an earful about the lower foster care subsidies. Families already don’t get enough subsidy money each month to pay for needs such as clothing, especially for teenage foster youth, she said.
DHS Director Charlie Krogmeier told the council members today that “the budget is what it is.”
“I’m sensitive to the fact that foster families probably don’t get paid enough,” he said.
Culver ordered $565 million in cuts in general fund spending, including $144 million in cuts for DHS.
The across-the-board cut for DHS children and family services amounts to $2.3 million less in spending, which includes federal money. Foster care subsidies fall under the children and family services category, as do adoption subsidies.
Adoption subsidies will be cut by $874,000.
In Iowa, about 8,000 children are being subsidized in adoptive homes. About 95 percent of adoptions from the child welfare system are subsidized. Federal law precludes a “means test” that would be used to deny a subsidy. The payments last until age 18.
Krogmeier said the subsidy rates might go back up in July when the new budget year begins. Council chairman James A. Miller asked him why he thinks that.
“You might say we’re hopeful, or possibly naive,” Krogmeier answered.
DHS spokesman Roger Munns said after the meeting that the decision to reduce foster rates was not an easy one, and that other programs were cut more severely in order to cushion the blow on foster payments.
“We do ask a lot from our foster parents and we would like to pay them more,” Munns said. “We know that people don’t become foster parents for the money, but they do need help meeting the costs that an extra child or two will require.”
A couple of the council members today worried that the lower payments will hamper recruitment of foster parents.
Munns said the payment rate, while important, is a secondary barrier in recruiting. The main issue is finding people willing to open their homes to older kids, often with behavioral issues, or to children who come in pairs or threes.
http://blogs.desmoinesregister.com/dmr/index.php/2009/12/09/adocates-worry-reduced-foster-care-payments-will-hurt-iowa-foster-families/
Child Brought Device Into Santa Cruz ABomb Squad Detonates Device At SCC Agency
Child Brought Device Into Santa Cruz ABomb Squad Detonates Device At SCC Agency
KSBW.com
updated 12:26 p.m. ET, Fri., Dec . 4, 2009
SANTA CRUZ, Calif. - KSBW.com
Child Protective Services of Santa Cruz County had to call in the bomb squad on Wednesday after a homemade explosive device was brought into their offices.
Sheriff's officials said a child brought the device into the agency, which is located in the 1000 block of Emeline Avenue.
The sheriff's bomb squad detonated the device in the parking lot and nobody was injured.
The child was taken into custody.
http://www.msnbc.msn.com/id/34247539/
KSBW.com
updated 12:26 p.m. ET, Fri., Dec . 4, 2009
SANTA CRUZ, Calif. - KSBW.com
Child Protective Services of Santa Cruz County had to call in the bomb squad on Wednesday after a homemade explosive device was brought into their offices.
Sheriff's officials said a child brought the device into the agency, which is located in the 1000 block of Emeline Avenue.
The sheriff's bomb squad detonated the device in the parking lot and nobody was injured.
The child was taken into custody.
http://www.msnbc.msn.com/id/34247539/
Does MSM KNOW ABOUT CPS AND CASA ABUSE AND NEGLECT?
Does MSM KNOW ABOUT CPS AND CASA ABUSE AND NEGLECT?
This story came out of Austin:
CPS: Protecting Children or Destroying Families?
BY JORDAN SMITH
Robin Cash
Photo By John AndersonRobin Cash is on a mission: to win a battle against the state’s Child Protective Services arm of the Department of Protective and Regulatory Services. The department, she charges, is doing more harm than good to Texas families and their children. “Don’t get me wrong, we need CPS, there are children who are really abused,” she said. “But there are also a lot of abuses in the system that need to be addressed.” To Cash, those abuses include under-trained caseworkers, caseworkers lying in court documents, kids being sent to unqualified therapists, and parents who are railroaded into relinquishing their parental rights.
Two months ago Cash placed an ad in the Chronicle. “Do you feel CPS has hurt your family?” it read. “Do you have concerns about your children and the system?” Cash says she was overwhelmed by the response. “I got 1,000 e-mails in the first week.” From that one ad arose a new parents advocacy group: Parents Get United, composed of parents who, like Cash, feel the CPS system is in need of reform. Through meeting with other parents, Cash said she has learned that her struggle with CPS is, unfortunately, not that unusual.
Cash’s version of her own experience is harrowing. In January 2000, Cash told the Chronicle, she was trying to get herself and her two twin boys out of an abusive home. She asked her pastor to care for her kids while she got a protective order against her common-law husband. But before she could do so, Cash was arrested on charges filed by her husband — who had gone to the police first, claiming she had hit him. Cash says her husband was already a two-time loser, potentially facing a long stint in jail as a result of their most recent fight. This time Cash had actually fought back. “So, he had to beat me to the paperwork,” she said. Cash spent four days in jail, while her sister called CPS to see if there were any services they could provide to help Cash and her children get things together on their own.
According to Cash, instead of offering help, a CPS caseworker came to her pastor’s house, told him Cash would be in jail for at least four months (although she was scheduled to be released that day), and took the kids into CPS custody. Cash began a protracted fight to get her kids back, she said, thus far to no avail. Her parental rights have since been taken away, and she hasn’t seen her boys in months.
“If you don’t think this is ripping my heart out … I’ve got to do something,” she said. In response to her Chronicle ad, Cash has been contacted by parents, lawyers, an investigator from the human rights commission, even a former CPS caseworker — all agreeing that CPS needs taming. “This is a wide, sweeping problem across the country, and Texas has its share,” said Chuck Ragland, a former CPS caseworker in Van Zandt County. “And we are seeing a groundswell of parents getting upset.” Ragland spent eight years as a caseworker and says he saw so many problems with the system that he dedicated his last three years with CPS to “making a concerted effort to try and figure out exactly what is going on.” What he saw, he says, was troubling: caseworkers falsifying documents and removing children from families for very little, if any, cause. “They feel like they are above the law because they are doing something noble,” he said. “They think, we might make some mistakes, but so what?”
To Aaron Reed, CPS spokesman for the Central Texas region, the allegations are frustrating. “Mostly we get accused of not taking enough action,” Reed said, citing two Central Texas child deaths in the past two weeks, in families where CPS had made contact but had not removed the children. Reed says the charges of caseworker misconduct and railroading of families are inaccurate. “There’s a law against perjury,” he said. “When a caseworker is sworn in [by the court], it is just as any other witness, they are bound by the law.” Reed said the agency now uses a more proactive model of trying to assess at-risk families and take action before abuses occur, but he doesn’t believe this leads to more mistakes by caseworkers. The agency tries to identify at-risk families by a host of objectives, he said, most notably by reviewing abuse- and neglect-related deaths. “We look at those to see what factors are common between them and identify behaviors that place families at risk,” he said. “It’s not perfect, but it’s a better system and a fairly accurate system. If we err, we would prefer to err on the side of safety.”
Reed estimates that in the 30-county Central Texas region, CPS removes from their homes about 100 children per month. During 2000, in Travis County alone, there were 1,653 CPS confirmed cases of child abuse or neglect, and CPS spent $13.8 million on foster care services. Numbers for 2001 will not be ready until next month, but the problem is not disappearing.
To Cash and Ragland, the agency’s mistakes have gotten out of control, and they place some of the blame on the agency’s “at-risk” focus. “A lot of the caseworkers are trained with the mindset that there are all these problem families, and they are out to get them,” Ragland said. While Cash and Ragland agree that CPS serves a vital function, they believe the strong emphasis on at-risk situations — largely found among low-income and minority families — puts some healthy families, or families actively trying to better their situations, at an even bigger risk. Ragland adds that since federal grant funding has become increasingly tied to at-risk management in lower-income families, CPS’s focus has become more of a funding necessity. “Listen to the storm,” he said. “You’ll see a pattern. Their responsibilities have become way too broad.”
CPS’s Reed and spokeswoman Marla Sheeley say the goal of the agency is to protect children and, in every possible situation, keep families together. “The first thing we do,” said Sheeley, “is make every reasonable effort to keep children in the home or to return the child to the home.”
Cash, Ragland, and the other parents and advocates involved in Parents Get United say they are in the fight for the long haul, and the group has been meeting with a group of state legislators interested in CPS reform. “They want to know what, really, the true issues are as a foundation for their work and what issues need to be added to legislation,” said Ragland. “Really, for things to change, and to stop the corruption, the whole system really needs to be turned on its head.”
Well, now that they know the true nature of CPS and CASA, will things change?
Shit no, this story was written in 2001 and is as relevant today as it was 9 long years ago, but don’t expect Texas to make any changes until they get their asses sued off.
http://www.flds.ws/2009/12/06/does-msm-know-about-cps-and-casa-abuse-and-neglect/
This story came out of Austin:
CPS: Protecting Children or Destroying Families?
BY JORDAN SMITH
Robin Cash
Photo By John AndersonRobin Cash is on a mission: to win a battle against the state’s Child Protective Services arm of the Department of Protective and Regulatory Services. The department, she charges, is doing more harm than good to Texas families and their children. “Don’t get me wrong, we need CPS, there are children who are really abused,” she said. “But there are also a lot of abuses in the system that need to be addressed.” To Cash, those abuses include under-trained caseworkers, caseworkers lying in court documents, kids being sent to unqualified therapists, and parents who are railroaded into relinquishing their parental rights.
Two months ago Cash placed an ad in the Chronicle. “Do you feel CPS has hurt your family?” it read. “Do you have concerns about your children and the system?” Cash says she was overwhelmed by the response. “I got 1,000 e-mails in the first week.” From that one ad arose a new parents advocacy group: Parents Get United, composed of parents who, like Cash, feel the CPS system is in need of reform. Through meeting with other parents, Cash said she has learned that her struggle with CPS is, unfortunately, not that unusual.
Cash’s version of her own experience is harrowing. In January 2000, Cash told the Chronicle, she was trying to get herself and her two twin boys out of an abusive home. She asked her pastor to care for her kids while she got a protective order against her common-law husband. But before she could do so, Cash was arrested on charges filed by her husband — who had gone to the police first, claiming she had hit him. Cash says her husband was already a two-time loser, potentially facing a long stint in jail as a result of their most recent fight. This time Cash had actually fought back. “So, he had to beat me to the paperwork,” she said. Cash spent four days in jail, while her sister called CPS to see if there were any services they could provide to help Cash and her children get things together on their own.
According to Cash, instead of offering help, a CPS caseworker came to her pastor’s house, told him Cash would be in jail for at least four months (although she was scheduled to be released that day), and took the kids into CPS custody. Cash began a protracted fight to get her kids back, she said, thus far to no avail. Her parental rights have since been taken away, and she hasn’t seen her boys in months.
“If you don’t think this is ripping my heart out … I’ve got to do something,” she said. In response to her Chronicle ad, Cash has been contacted by parents, lawyers, an investigator from the human rights commission, even a former CPS caseworker — all agreeing that CPS needs taming. “This is a wide, sweeping problem across the country, and Texas has its share,” said Chuck Ragland, a former CPS caseworker in Van Zandt County. “And we are seeing a groundswell of parents getting upset.” Ragland spent eight years as a caseworker and says he saw so many problems with the system that he dedicated his last three years with CPS to “making a concerted effort to try and figure out exactly what is going on.” What he saw, he says, was troubling: caseworkers falsifying documents and removing children from families for very little, if any, cause. “They feel like they are above the law because they are doing something noble,” he said. “They think, we might make some mistakes, but so what?”
To Aaron Reed, CPS spokesman for the Central Texas region, the allegations are frustrating. “Mostly we get accused of not taking enough action,” Reed said, citing two Central Texas child deaths in the past two weeks, in families where CPS had made contact but had not removed the children. Reed says the charges of caseworker misconduct and railroading of families are inaccurate. “There’s a law against perjury,” he said. “When a caseworker is sworn in [by the court], it is just as any other witness, they are bound by the law.” Reed said the agency now uses a more proactive model of trying to assess at-risk families and take action before abuses occur, but he doesn’t believe this leads to more mistakes by caseworkers. The agency tries to identify at-risk families by a host of objectives, he said, most notably by reviewing abuse- and neglect-related deaths. “We look at those to see what factors are common between them and identify behaviors that place families at risk,” he said. “It’s not perfect, but it’s a better system and a fairly accurate system. If we err, we would prefer to err on the side of safety.”
Reed estimates that in the 30-county Central Texas region, CPS removes from their homes about 100 children per month. During 2000, in Travis County alone, there were 1,653 CPS confirmed cases of child abuse or neglect, and CPS spent $13.8 million on foster care services. Numbers for 2001 will not be ready until next month, but the problem is not disappearing.
To Cash and Ragland, the agency’s mistakes have gotten out of control, and they place some of the blame on the agency’s “at-risk” focus. “A lot of the caseworkers are trained with the mindset that there are all these problem families, and they are out to get them,” Ragland said. While Cash and Ragland agree that CPS serves a vital function, they believe the strong emphasis on at-risk situations — largely found among low-income and minority families — puts some healthy families, or families actively trying to better their situations, at an even bigger risk. Ragland adds that since federal grant funding has become increasingly tied to at-risk management in lower-income families, CPS’s focus has become more of a funding necessity. “Listen to the storm,” he said. “You’ll see a pattern. Their responsibilities have become way too broad.”
CPS’s Reed and spokeswoman Marla Sheeley say the goal of the agency is to protect children and, in every possible situation, keep families together. “The first thing we do,” said Sheeley, “is make every reasonable effort to keep children in the home or to return the child to the home.”
Cash, Ragland, and the other parents and advocates involved in Parents Get United say they are in the fight for the long haul, and the group has been meeting with a group of state legislators interested in CPS reform. “They want to know what, really, the true issues are as a foundation for their work and what issues need to be added to legislation,” said Ragland. “Really, for things to change, and to stop the corruption, the whole system really needs to be turned on its head.”
Well, now that they know the true nature of CPS and CASA, will things change?
Shit no, this story was written in 2001 and is as relevant today as it was 9 long years ago, but don’t expect Texas to make any changes until they get their asses sued off.
http://www.flds.ws/2009/12/06/does-msm-know-about-cps-and-casa-abuse-and-neglect/
Special Needs Student Put in Restroom Timeout Sparks Controversy
Special Needs Student Put in Restroom Timeout Sparks Controversy
How should teachers punish your children? What if your child has special needs? News 3 has uncovered a case where a special needs child was punished when her teacher would shut her in the bathroom with the lights out on several different occasions.
Posted: 7:57 PM Dec 8, 2009
Reporter: Shannon Dillon
Email Address: dillon@kbtx.com
--------------------------------------------------------------------------------
Special Needs Student Put in Restroom Timeout Sparks Controversy
Story 19 Comments Font Size: Kiersten Jordy is like most 7-year-olds, but in many ways she's not. Doctors have diagnosed Kiersten with mental retardation and carries traits of autism and Down's Syndrome. Doctors also say Kiersten may never have a classic diagnosis. Larry and Janet Jordy say their daughter can't speak in full sentences and is only able to communicate a word or two. The Jordy's say they were surprised to learn in late May 2009, that their daughter's teacher, Sharon Figueron, put Kiersten in a dark, closed restroom as a form of timeout.
"We would never, never agree with putting her in a dark bathroom, there's nothing right about that," said Larry Jordy.
Progress reports of Kiersten's daily activities were sent home weekly for the Jordys to sign. However, the Jordy's say they were aware of Kiersten being placed in timeout but not being put in a dark, closed restroom as timeout.
"Honestly I don't remember signing it or reading it. Maybe I talked to her about it. Did I tell her it was okay? Absolutely not. I'm sure I would not just let it go," said Janet Jordy.
According to a 16 page document released by a Certified Hearing Examiner, the Jordy's found out about the restroom punishment from a Bonham Elementary teacher's aide. The report says on May 13, 2009, the aide went to get Kiersten for inclusion class and found her in the restroom with the lights out. After learning of the restroom punishment, the Jordy's filed a complaint with the Texas Education Agency (TEA) on June 1, just one day before Bryan I.S.D. administrators received information that the restroom had been used as timeout for Kiersten.
Progress notes written by Figueron show the dark, closed restroom was used as punishment on February 12, 2009 as well. Figueron wrote, "I put her sitting on the bathroom and shut the door. To make it short, she (student) turned the light on, got a mat, opened the door and constantly defied me. We then had a snack, and I left her sitting there watching us and told her she couldn't have one. The snacks were for the children that listened and behaved."
The Hearing Examiner's report also said progress notes Kiersten was placed in the restroom as a consequence for behaviors on May 12, 2009 and May 15, 2009. Based on the February 12, 2009 progress note the TEA initiated a complaint of suspected child abuse to the Department of Protective and Regulatory Services.
The Jordy's say regardless of when Bryan I.S.D. administrators found out about the incidents they would have still filed a complaint with the TEA. The Jordy's say the district dropped the ball by not taking enough action after the Jordy's say they withdrew a May 2008 complaint with the TEA at the request of the school district. The Jordy's say during the 2007-2009 school years Kiersten was a student at Bonham Elementary, the school district has made broken promises that the situation between Kiersten and her teacher would improve. Shortly, after filing their complaint with the TEA the Jordy's sought legal counsel.
"I think the public should know the administration was pretty much prepared to sweep it under the rug," said the Jordy's attorney, Ty Clevenger.
"We certainly didn't try to sweep it under the rug. We moved forward on it in a very fast moving way," said Bryan I.S.D. Superintendent, Mike Cargill.
While the TEA was investigating the restroom incidents, Bryan I.S.D. also launched its own investigation. In April 2009, Bryan I.S.D. hired a consultant to help Figueron in developing behavior modification strategies for Kiersten. The hearing examiner's report says the consultant provided training on the behavior plan that was implemented and modeled appropriate behavior for Figueron. The consultant did not recommend the use of timeout, and Figueron did not discuss her use of timeout with Kiersten with the consultant. The report also shows Figueron received training in August 2007 and July 2008 on positive behavior intervention strategies, including required procedures for using timeout as a behavior strategy with disabled children. Figueron also received training on instructional interventions for students exhibiting non-compliant behavior and de-escalating techniques.
On July 31st, a hearing examiner recommended the school board terminate Figueron's contract. The investigation showed their was no legitimate reason for Figueron to place Kiersten in a restroom as Figueron described to have a "few minutes to eat lunch."
The TEA found that Figueron violated her term contract, board policies and directives of the Texas Administrative Code by "placing a mentally retarded child with limited speech capabilities in the restroom for timeout behavior consequences and shutting the door."
On October 28th, Figueron's termination was finalized. News 3 spoke to Figueron and her attorney, and both say she should not have lost her job. Figueron's attorney says she is being used as a scapegoat because Bryan I.S.D. did not provide her with information as far as training on how to handle timeout situations specifically involving Kiersten. Figueron's attorney said the consultant Bryan I.S.D. hired in April 2009 never addressed the timeout method Figueron should use with Kiersten. Her attorney also said Figueron was not aware she was breaking the Texas Administrative Code by using a dark, closed restroom as punishment for Kiersten.
Meanwhile, the Jordy's say Figueron's termination is not their biggest concern.
"We're already having to deal with the counseling and everything for Kiersten and so we can't go backwards to help that. But maybe we can help the one child who might be struggling through the same thing that can't talk like Kiersten," said Janet Jordy.
The Jordy's say this whole ordeal has had a severe impact on Kiersten. Because she's now afraid of the dark and can't sleep alone at night. In early December, the Jordy's removed Kiersten from Bonham Elementary and enrolled her in another school.
Sharon Figueron is not eligible to be re-hired in Bryan I.S.D. although she has 15 years of experience in education, and 10 years with Bryan I.S.D. Her attorney says since she was terminated she hasn't taken any legal action, and will "move on with her life."
Meanwhile, the TEA said the procedures Bryan I.S.D. took in handling the matter were properly done.
http://www.kbtx.com/home/headlines/78830752.html?storySection=story
How should teachers punish your children? What if your child has special needs? News 3 has uncovered a case where a special needs child was punished when her teacher would shut her in the bathroom with the lights out on several different occasions.
Posted: 7:57 PM Dec 8, 2009
Reporter: Shannon Dillon
Email Address: dillon@kbtx.com
--------------------------------------------------------------------------------
Special Needs Student Put in Restroom Timeout Sparks Controversy
Story 19 Comments Font Size: Kiersten Jordy is like most 7-year-olds, but in many ways she's not. Doctors have diagnosed Kiersten with mental retardation and carries traits of autism and Down's Syndrome. Doctors also say Kiersten may never have a classic diagnosis. Larry and Janet Jordy say their daughter can't speak in full sentences and is only able to communicate a word or two. The Jordy's say they were surprised to learn in late May 2009, that their daughter's teacher, Sharon Figueron, put Kiersten in a dark, closed restroom as a form of timeout.
"We would never, never agree with putting her in a dark bathroom, there's nothing right about that," said Larry Jordy.
Progress reports of Kiersten's daily activities were sent home weekly for the Jordys to sign. However, the Jordy's say they were aware of Kiersten being placed in timeout but not being put in a dark, closed restroom as timeout.
"Honestly I don't remember signing it or reading it. Maybe I talked to her about it. Did I tell her it was okay? Absolutely not. I'm sure I would not just let it go," said Janet Jordy.
According to a 16 page document released by a Certified Hearing Examiner, the Jordy's found out about the restroom punishment from a Bonham Elementary teacher's aide. The report says on May 13, 2009, the aide went to get Kiersten for inclusion class and found her in the restroom with the lights out. After learning of the restroom punishment, the Jordy's filed a complaint with the Texas Education Agency (TEA) on June 1, just one day before Bryan I.S.D. administrators received information that the restroom had been used as timeout for Kiersten.
Progress notes written by Figueron show the dark, closed restroom was used as punishment on February 12, 2009 as well. Figueron wrote, "I put her sitting on the bathroom and shut the door. To make it short, she (student) turned the light on, got a mat, opened the door and constantly defied me. We then had a snack, and I left her sitting there watching us and told her she couldn't have one. The snacks were for the children that listened and behaved."
The Hearing Examiner's report also said progress notes Kiersten was placed in the restroom as a consequence for behaviors on May 12, 2009 and May 15, 2009. Based on the February 12, 2009 progress note the TEA initiated a complaint of suspected child abuse to the Department of Protective and Regulatory Services.
The Jordy's say regardless of when Bryan I.S.D. administrators found out about the incidents they would have still filed a complaint with the TEA. The Jordy's say the district dropped the ball by not taking enough action after the Jordy's say they withdrew a May 2008 complaint with the TEA at the request of the school district. The Jordy's say during the 2007-2009 school years Kiersten was a student at Bonham Elementary, the school district has made broken promises that the situation between Kiersten and her teacher would improve. Shortly, after filing their complaint with the TEA the Jordy's sought legal counsel.
"I think the public should know the administration was pretty much prepared to sweep it under the rug," said the Jordy's attorney, Ty Clevenger.
"We certainly didn't try to sweep it under the rug. We moved forward on it in a very fast moving way," said Bryan I.S.D. Superintendent, Mike Cargill.
While the TEA was investigating the restroom incidents, Bryan I.S.D. also launched its own investigation. In April 2009, Bryan I.S.D. hired a consultant to help Figueron in developing behavior modification strategies for Kiersten. The hearing examiner's report says the consultant provided training on the behavior plan that was implemented and modeled appropriate behavior for Figueron. The consultant did not recommend the use of timeout, and Figueron did not discuss her use of timeout with Kiersten with the consultant. The report also shows Figueron received training in August 2007 and July 2008 on positive behavior intervention strategies, including required procedures for using timeout as a behavior strategy with disabled children. Figueron also received training on instructional interventions for students exhibiting non-compliant behavior and de-escalating techniques.
On July 31st, a hearing examiner recommended the school board terminate Figueron's contract. The investigation showed their was no legitimate reason for Figueron to place Kiersten in a restroom as Figueron described to have a "few minutes to eat lunch."
The TEA found that Figueron violated her term contract, board policies and directives of the Texas Administrative Code by "placing a mentally retarded child with limited speech capabilities in the restroom for timeout behavior consequences and shutting the door."
On October 28th, Figueron's termination was finalized. News 3 spoke to Figueron and her attorney, and both say she should not have lost her job. Figueron's attorney says she is being used as a scapegoat because Bryan I.S.D. did not provide her with information as far as training on how to handle timeout situations specifically involving Kiersten. Figueron's attorney said the consultant Bryan I.S.D. hired in April 2009 never addressed the timeout method Figueron should use with Kiersten. Her attorney also said Figueron was not aware she was breaking the Texas Administrative Code by using a dark, closed restroom as punishment for Kiersten.
Meanwhile, the Jordy's say Figueron's termination is not their biggest concern.
"We're already having to deal with the counseling and everything for Kiersten and so we can't go backwards to help that. But maybe we can help the one child who might be struggling through the same thing that can't talk like Kiersten," said Janet Jordy.
The Jordy's say this whole ordeal has had a severe impact on Kiersten. Because she's now afraid of the dark and can't sleep alone at night. In early December, the Jordy's removed Kiersten from Bonham Elementary and enrolled her in another school.
Sharon Figueron is not eligible to be re-hired in Bryan I.S.D. although she has 15 years of experience in education, and 10 years with Bryan I.S.D. Her attorney says since she was terminated she hasn't taken any legal action, and will "move on with her life."
Meanwhile, the TEA said the procedures Bryan I.S.D. took in handling the matter were properly done.
http://www.kbtx.com/home/headlines/78830752.html?storySection=story
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