Compromise reached on abortion coverage
Nebraska senator was final holdout
By Paul Kane
The Washington Post
--------------------------------------------------------------------------------
December 20, 2009 - 12:00 am
The Democrats wouldn't even sit in the same room.
At one end of the majority leader's office Ben Nelson, the Nebraska Democrat and anti-abortion senator whose support was crucial to health care legislation, huddled with White House staff in a conference room. At the other end, Sens. Barbara Boxer, a California Democrat and Patty Murray a Washington Democrat, the chamber's leading advocates for abortion rights, hunkered as far from Nelson as possible, in the office of Reid's chief of staff.
Shuttling between the two parties Friday afternoon and evening were Majority Leader Harry Reid of Nevada and Sen. Chuck Schumer, a New York Democrat. Desperately trying to find a compromise, Schumer put his head in his hands early Friday afternoon. "What are we going to do?" he asked Reid.
But by 10:30 p.m. Friday, a handshake deal sealed a hard-fought compromise over abortion. Within minutes senators were on the phone with President Obama, who was flying aboard Air Force One having just forged his compromise with world leaders on global warming, according to senators and aides who participated in the negotiations. "We did it, Mr. President," Reid told Obama.
The deal faced an immediate assault from both ends of the abortion spectrum yesterday morning. The National Organization of Women dubbed it "cruelly over-compromised legislation" and the anti-abortion Family Research Council dismissed it as a "phony compromise."
Under the new abortion provisions, states can opt out of allowing plans to cover abortion in the insurance exchanges the bill would set up. The exchanges are designed to serve individuals who lack coverage through their jobs, with most receiving federal subsidies to buy insurance. Enrollees in plans that cover abortion procedures would pay with separate checks - one for abortion, one for any other health-care services.
This was an effort to comport with the 32-year prohibition against federal funding for abortions, but the Nelson compromise is a softening of the House language, which was written by Rep. Bart Stupak, a Michigan Democrat. The Stupak amendment prohibited any insurer in the exchange "to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion" - a position that abortion rights advocates suggested would have led to providers dropping abortion coverage.
Some of Nelson's colleagues accused him of using the abortion issue as leverage to get a better reimbursement rate for his state under Medicaid provisions in the legislation. "You've got to compliment Ben Nelson for playing The Price Is Right," said Sen. Richard Burr, a North Carolina Republican.
Schumer, who spent more than 13 hours in Reid's office Friday, said the Medicaid issue was settled around lunchtime, and the final eight hours of the talks focused on the abortion language. Boxer estimated she spent seven hours in Reid's offices - without ever once sitting in the same room, even though they were all of 25 steps apart.
Reid and Schumer kept up the "shuttle negotiation" between the leader's conference room and his top aide's office, Boxer said. Keenly aware how tense the talks were, the White House dispatched two aides who together have decades of experience in the Senate - Jim Messina and Peter Rouse - to work with Nelson. They relayed their intelligence to White House Chief of Staff Rahm Emanuel, who monitored from a dinner in Georgetown.
About 8 p.m., everyone took what was supposed to be a short break, but by 9:30 p.m. Nelson had not returned to Reid's office, where everyone else had reassembled, stoking fear in the Capitol and the White House that the deal was heading south. Reid and Schumer - who barely ate for the past three days of the talks - gnawed on Christmas cookies in the leader's offices, according to Schumer.
Finally, Nelson was ready to cut the deal, no matter what the anti-abortion groups said. No formal announcement was made because he wanted to see the final language in writing the next day.
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20091220/FRONTPAGE/912200397
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
Sunday, December 20, 2009
As bipolar diagnoses in foster children rise,informed consent becomes a bygone-Psychotropics given to wards without states ok
As bipolar diagnoses in foster children rise, informed consent becomes a bygone
Psychotropics given to wards without state's OK, Tribune analysis finds
Tribune Reporter
December 10, 2009
Powerful mood-altering drugs were prescribed to hundreds of Illinois foster children without the required consent of state child welfare officials, a 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.
The number of Illinois wards diagnosed with bipolar disorder nearly doubled between 2000 and 2007, when roughly 9 percent of the state's nearly 16,000 wards were diagnosed as bipolar, the Tribune found.
"This is a really concerning statistic," said Dr. Michael Naylor, a University of Illinois at Chicago psychiatrist who reviews psychotropic medicine regimens for the state Department of Children and Family Services. Naylor said he worries that drug firms' marketing efforts are driving the diagnoses.
Many doctors say psychotropic medicines give troubled youths a precious chance at normalcy. But the drugs can pose special risks for foster children, who often lack a consistent adult to monitor treatment over time.
Illinois has seen a steady increase in the number of state wards simultaneously prescribed four or more of the psychotropic medications. During 2007, the most recent year when complete data were immediately available, more than 10 percent of Illinois wards given any psychotropic drug were taking four or more simultaneously, the Tribune found.
The danger, said University of Maryland professor Julie Zito, is that youths are being given multiple medications because existing regimens prove fruitless, or because new medications must be added to counteract side effects from other drugs.
Illinois' system of providing informed consent for psychotropic medications to foster children and of oversight of prescribing is considered the gold standard for state child welfare agencies. But during 2007, psychotropic medicines were administered to some 240 foster children without the state's consent, the Tribune found. That year, DCFS consented to the psychotropic medication of 3,320 wards, while separate Medicaid prescription records show the drugs were administered to 3,564 wards.
Some doctors may be unaware that their patients are foster children, but other physicians are skirting the consent laws, Naylor said.
dyjackson@tribune.com
Copyright © 2009, Chicago Tribune
http://www.chicagotribune.com/health/chi-psychotropic-sidedec10,0,7039032.story?obref=obinsite
Psychotropics given to wards without state's OK, Tribune analysis finds
Tribune Reporter
December 10, 2009
Powerful mood-altering drugs were prescribed to hundreds of Illinois foster children without the required consent of state child welfare officials, a 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.
The number of Illinois wards diagnosed with bipolar disorder nearly doubled between 2000 and 2007, when roughly 9 percent of the state's nearly 16,000 wards were diagnosed as bipolar, the Tribune found.
"This is a really concerning statistic," said Dr. Michael Naylor, a University of Illinois at Chicago psychiatrist who reviews psychotropic medicine regimens for the state Department of Children and Family Services. Naylor said he worries that drug firms' marketing efforts are driving the diagnoses.
Many doctors say psychotropic medicines give troubled youths a precious chance at normalcy. But the drugs can pose special risks for foster children, who often lack a consistent adult to monitor treatment over time.
Illinois has seen a steady increase in the number of state wards simultaneously prescribed four or more of the psychotropic medications. During 2007, the most recent year when complete data were immediately available, more than 10 percent of Illinois wards given any psychotropic drug were taking four or more simultaneously, the Tribune found.
The danger, said University of Maryland professor Julie Zito, is that youths are being given multiple medications because existing regimens prove fruitless, or because new medications must be added to counteract side effects from other drugs.
Illinois' system of providing informed consent for psychotropic medications to foster children and of oversight of prescribing is considered the gold standard for state child welfare agencies. But during 2007, psychotropic medicines were administered to some 240 foster children without the state's consent, the Tribune found. That year, DCFS consented to the psychotropic medication of 3,320 wards, while separate Medicaid prescription records show the drugs were administered to 3,564 wards.
Some doctors may be unaware that their patients are foster children, but other physicians are skirting the consent laws, Naylor said.
dyjackson@tribune.com
Copyright © 2009, Chicago Tribune
http://www.chicagotribune.com/health/chi-psychotropic-sidedec10,0,7039032.story?obref=obinsite
Saturday, December 19, 2009
How Often Do Children’s Reports of Abuse Turn Out to be False?
RightsForMothers.com December 19, 2009
How Often Do Children’s Reports of Abuse Turn Out to be False?
justice4mothers @ 1:00 pm
Research has consistently shown that false allegations of child sexual abuse by children are rare.
Jones and McGraw examined 576 consecutive referrals of child sexual abuse to the Denver Department of Social Services, and categorized the reports as either reliable or fictitious. In only 1% of the total cases were children judged to have advanced a fictitious allegation. Jones, D. P. H., and J. M. McGraw: Reliable and Fictitious Accounts of Sexual Abuse to Children.Journal of Interpersonal Violence, 2, 27-45, 1987.
In a more recent study, investigators reviewed case notes of all child sexual abuse reports to the Denver Department of Social Services over 12 months. Of the 551 cases reviewed, there were only 14 (2.5%) instances of erroneous concerns about abuse emanating from children. These consisted of three cases of allegations made in collusion with a parent, three cases where an innocent event was misinterpreted as sexual abuse and eight cases (1.5%) of false allegations of sexual abuse. Oates, R. K., D.P. Jones, D. Denson, A. Sirotnak, N. Gary, and R.D. Krugman: Erroneous Concerns about Child Sexual Abuse. Child Abuse & Neglect 24:149-57, 2000.
Everson and Boat interviewed child protective service workers and found an estimated rate of false allegations that fell between 4.7 to 7.6% of all child and adolescent reports of sexual abuse. Everson, M.D., and B.W. Boat: False Allegations of Sexual Abuse by Children and Adolescents. Journal of the American Academy of Child and Adolescent Psychiatry, 28, 230-5, 1989.
After reviewing the empirical literature concerning the frequency of false allegations of sexual abuse, Mikkelsen, Gutheil, and Emens concluded: “False allegations of sexual abuse by children and adolescents are statistically uncommon, occurring at the rate of 2 to 10 percent of all cases.” Mikkelsen, E.J., T.G. Gutheil, and M Emens: False Sexual-Abuse Allegations by Children and Adolescents: Contextual Factors and Clinical Subtypes. American Journal of Psychotherapy 46: 556-70, 1992.
When four different states (Florida, Missouri, Vermont, and Virginia) reviewed Child Protective Service (CPS) records to determine the extent of false reporting, they found intentionally false reports to comprise less than 1% of all unsubstantiated reports of child abuse (0.00999634 or less than 1 out of 100 unsubstantiated reports)
1997 NCANDS REPORT, Statistics on Intentionally False Reports
STATES TOTAL REPORTS UNSUBSTANTIATED INTENTIONALLY FALSE
Florida 186,726 92,337 868
Missouri 80,185 49,490 460
Vermont 2,309 1,257 18
Virginia 51,227 37,282 457
TOTAL 320,447 180,366 1,803
Section D-9, adapted from Tables 3.1 and 3.2.
U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau. (1999). Child Maltreatment 1997: Reports from the States to the National Child Abuse and Neglect Data System. Washington, D.C.: Government Printing Office.
http://www.acf.dhhs.gov/programs/cb/publications/
ncands97/apd.htm
Children Tend to Understate Rather than Overstate the Extent of Any Abuse Experienced
Research with children whose sexual abuse has been proven has shown that children tend to minimize and deny abuse, not exaggerate or over-report such incidents.
In one study, researchers examined 28 cases in which children had tested positive for a sexually transmitted disease by forensically accepted procedures. To be included in the study, the children had to have presented for a physical problem with no prior disclosure or suspicion of sexual abuse. In addition, subjects were required to be over the age of three but prepubescent and were required to have adequate expressive language capabilities. Each of the 28 children was interviewed by a social worker trained in abuse disclosure techniques and use of anatomically correct dolls. Only 12 of the 28 (43%) of the abused children interviewed gave any verbal confirmation of sexual contact. Lawson, L., & Chaffin, M. False negatives in sexual abuse disclosure interviews. Journal of Interpersonal Violence, 7(4), 532-42, 1992.
The “gold standard” study in this area comes from Sweden. This case involved a lone perpetrator who pled guilty after videotapes of his abuse of ten children were found by authorities. Because of these detailed videotape recordings, researchers knew exactly what happened to these children and were able to compare it to what the children told investigators when they interviewed. The researchers found here was a significant tendency among the children to deny or minimize their experiences. Some children simply did not want to disclose their experiences, some had difficulties remembering them, and one child lacked adequate concepts to understand and describe them. Despite the fact that some of the interviews included leading questions, there were no false allegations. Sjoberg, R. L., & Lindblad, F. Limited disclosure of sexual abuse in children whose experiences were documented by videotape. American Journal of Psychiatry, 159(2), 312-4, 2002.
Some people believe that recantations are a sure sign that a child lied about the abuse. However, a recent study found that pressure from family members play a significant role in recantations. Mallory et al. (2007) examined the prevalence and predictors of recantation among 2- to 17-year-old child sexual abuse victims. Case files (n = 257) were randomly selected from all substantiated cases resulting in a dependency court filing in a large urban county between 1999 and 2000. Recantation (i.e., denial of abuse postdisclosure) was scored across formal and informal interviews. Cases were also coded for characteristics of the child, family, and abuse. The researchers found a 23.1% recantation rate. The study looked for but did not find evidence that these recantations resulted from potential inclusion of cases involving false allegations. Instead, multivariate analyses supported a filial dependency model of recantation, whereby abuse victims who were more vulnerable to familial adult influences (i.e., younger children, those abused by a parent figure and who lacked support from the nonoffending caregiver) were more likely to recant.alloy, L.C. , Lyon, T.D. , & Quas, J.A. (2007). Filial dependency and recantation of child sexual abuse allegations. Journal of the American Academy of Child & Adolescent Psychiatry, 46, 162-70.
From The Leadership Council
http://justice4mothers.wordpress.com/2009/12/19/how-often-do-childrens-reports-of-abuse-turn-out-to-be-false/
How Often Do Children’s Reports of Abuse Turn Out to be False?
justice4mothers @ 1:00 pm
Research has consistently shown that false allegations of child sexual abuse by children are rare.
Jones and McGraw examined 576 consecutive referrals of child sexual abuse to the Denver Department of Social Services, and categorized the reports as either reliable or fictitious. In only 1% of the total cases were children judged to have advanced a fictitious allegation. Jones, D. P. H., and J. M. McGraw: Reliable and Fictitious Accounts of Sexual Abuse to Children.Journal of Interpersonal Violence, 2, 27-45, 1987.
In a more recent study, investigators reviewed case notes of all child sexual abuse reports to the Denver Department of Social Services over 12 months. Of the 551 cases reviewed, there were only 14 (2.5%) instances of erroneous concerns about abuse emanating from children. These consisted of three cases of allegations made in collusion with a parent, three cases where an innocent event was misinterpreted as sexual abuse and eight cases (1.5%) of false allegations of sexual abuse. Oates, R. K., D.P. Jones, D. Denson, A. Sirotnak, N. Gary, and R.D. Krugman: Erroneous Concerns about Child Sexual Abuse. Child Abuse & Neglect 24:149-57, 2000.
Everson and Boat interviewed child protective service workers and found an estimated rate of false allegations that fell between 4.7 to 7.6% of all child and adolescent reports of sexual abuse. Everson, M.D., and B.W. Boat: False Allegations of Sexual Abuse by Children and Adolescents. Journal of the American Academy of Child and Adolescent Psychiatry, 28, 230-5, 1989.
After reviewing the empirical literature concerning the frequency of false allegations of sexual abuse, Mikkelsen, Gutheil, and Emens concluded: “False allegations of sexual abuse by children and adolescents are statistically uncommon, occurring at the rate of 2 to 10 percent of all cases.” Mikkelsen, E.J., T.G. Gutheil, and M Emens: False Sexual-Abuse Allegations by Children and Adolescents: Contextual Factors and Clinical Subtypes. American Journal of Psychotherapy 46: 556-70, 1992.
When four different states (Florida, Missouri, Vermont, and Virginia) reviewed Child Protective Service (CPS) records to determine the extent of false reporting, they found intentionally false reports to comprise less than 1% of all unsubstantiated reports of child abuse (0.00999634 or less than 1 out of 100 unsubstantiated reports)
1997 NCANDS REPORT, Statistics on Intentionally False Reports
STATES TOTAL REPORTS UNSUBSTANTIATED INTENTIONALLY FALSE
Florida 186,726 92,337 868
Missouri 80,185 49,490 460
Vermont 2,309 1,257 18
Virginia 51,227 37,282 457
TOTAL 320,447 180,366 1,803
Section D-9, adapted from Tables 3.1 and 3.2.
U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau. (1999). Child Maltreatment 1997: Reports from the States to the National Child Abuse and Neglect Data System. Washington, D.C.: Government Printing Office.
http://www.acf.dhhs.gov/programs/cb/publications/
ncands97/apd.htm
Children Tend to Understate Rather than Overstate the Extent of Any Abuse Experienced
Research with children whose sexual abuse has been proven has shown that children tend to minimize and deny abuse, not exaggerate or over-report such incidents.
In one study, researchers examined 28 cases in which children had tested positive for a sexually transmitted disease by forensically accepted procedures. To be included in the study, the children had to have presented for a physical problem with no prior disclosure or suspicion of sexual abuse. In addition, subjects were required to be over the age of three but prepubescent and were required to have adequate expressive language capabilities. Each of the 28 children was interviewed by a social worker trained in abuse disclosure techniques and use of anatomically correct dolls. Only 12 of the 28 (43%) of the abused children interviewed gave any verbal confirmation of sexual contact. Lawson, L., & Chaffin, M. False negatives in sexual abuse disclosure interviews. Journal of Interpersonal Violence, 7(4), 532-42, 1992.
The “gold standard” study in this area comes from Sweden. This case involved a lone perpetrator who pled guilty after videotapes of his abuse of ten children were found by authorities. Because of these detailed videotape recordings, researchers knew exactly what happened to these children and were able to compare it to what the children told investigators when they interviewed. The researchers found here was a significant tendency among the children to deny or minimize their experiences. Some children simply did not want to disclose their experiences, some had difficulties remembering them, and one child lacked adequate concepts to understand and describe them. Despite the fact that some of the interviews included leading questions, there were no false allegations. Sjoberg, R. L., & Lindblad, F. Limited disclosure of sexual abuse in children whose experiences were documented by videotape. American Journal of Psychiatry, 159(2), 312-4, 2002.
Some people believe that recantations are a sure sign that a child lied about the abuse. However, a recent study found that pressure from family members play a significant role in recantations. Mallory et al. (2007) examined the prevalence and predictors of recantation among 2- to 17-year-old child sexual abuse victims. Case files (n = 257) were randomly selected from all substantiated cases resulting in a dependency court filing in a large urban county between 1999 and 2000. Recantation (i.e., denial of abuse postdisclosure) was scored across formal and informal interviews. Cases were also coded for characteristics of the child, family, and abuse. The researchers found a 23.1% recantation rate. The study looked for but did not find evidence that these recantations resulted from potential inclusion of cases involving false allegations. Instead, multivariate analyses supported a filial dependency model of recantation, whereby abuse victims who were more vulnerable to familial adult influences (i.e., younger children, those abused by a parent figure and who lacked support from the nonoffending caregiver) were more likely to recant.alloy, L.C. , Lyon, T.D. , & Quas, J.A. (2007). Filial dependency and recantation of child sexual abuse allegations. Journal of the American Academy of Child & Adolescent Psychiatry, 46, 162-70.
From The Leadership Council
http://justice4mothers.wordpress.com/2009/12/19/how-often-do-childrens-reports-of-abuse-turn-out-to-be-false/
Bill would open abuse records
News - Latest News
Saturday, Dec. 19, 2009
Bill would open abuse records
LAWMAKER HOPES TO IMPROVE CHILD PROTECTION WITH MORE TRANSPARENCY
By Valarie Honeycutt Spears and Beth Musgrave - vhoneycutt@herald-leader.com A key Kentucky lawmaker plans to push proposals in the upcoming legislative session that would begin lifting a curtain of secrecy that shrouds many investigative records and court proceedings involving abused children.
State Rep. Tom Burch, D-Louisville, said Friday he will introduce legislation in the 2010 General Assembly that would require state child-protection officials to release their records on children who died or were severely injured as a result of abuse or neglect.
Burch said he is concerned that, in some child abuse cases, "the Cabinet didn't do their job right or they had heavy caseloads and didn't have time to look at the case sufficiently."
Also on Friday, Kentucky Supreme Court Chief Justice John D. Minton said he supports a proposal that would create a pilot program for opening Kentucky's closed-door family courts. Most other states open child-protection courts to some degree.
Kentucky had the highest rate of child deaths from abuse and neglect in the United States during 2007, according to a report released in October by a national child-advocacy group called Every Child Matters Education Fund.
The non-profit group in Washington, D.C., reported that 41 Kentucky children died from abuse and neglect in 2007 — a rate of 4.09 deaths per 100,000 Kentucky children. The group has called on state officials to make public specific information about each child's death, including whether he or she had previous contact with state social workers.
Kentucky law permits the disclosure of details about children who die from abuse or neglect but does not appear to mandate release of the information.
Each year, the Kentucky Cabinet for Health and Family Services produces an annual report of deaths and near-deaths caused by child abuse and neglect, but it does not provide any specifics about each child's case.
The Herald-Leader has filed an appeal in Franklin Circuit Court of the cabinet's denial of a request for records in the May death of 22-month-old Kayden Branham, who died in Wayne County after drinking liquid drain cleaner that was allegedly being used to manufacture methamphetamine.
At least 12 states have passed laws requiring that child-protection records be released when a child dies from neglect or abuse.
House supportive
House Speaker Greg Stumbo said Friday that Burch can expect support.
"The House is more than willing to look for ways to make life safer for our youngest citizens," Stumbo said, "and if Rep. Burch believes this is an effective approach to take, I expect the chamber will be supportive of his efforts."
Meanwhile, a spokeswoman for Senate President David Williams said Friday that Williams would want to see the legislation before commenting on it.
Cabinet spokeswoman Anya Weber said cabinet officials look forward to reviewing the bill.
"Our practice is to address confidentiality in the manner dictated by state statute and regulation," Weber said. "Opening such records is a complicated issue that would require careful thought and deliberation in order to protect innocent family members."
Terry Brooks, executive director of Kentucky Youth Advocates, said Friday that his Louisville-based organization would support legislation to open abuse records and family courts.
"The current undue emphasis on confidentiality only hides issues in the child-welfare system," said Brooks. "Broader public exposure is a beginning step to fixing many of the issues that afflict child protection. It is a tough proposition but the right balance can be found between privacy rights, system accountability and disclosure for the sake of system improvements."
Beshear urges study
In 2008, a bill that would have opened Kentucky's child-protection courts to the public on a limited basis was rejected by the House Judiciary Committee. The proposal would have opened four to seven child-protection courts in Kentucky for four years on a test basis.
Burch said Friday that he is considering filing a similar bill in 2010.
"I would support similar legislation if introduced again," Minton said Friday in a statement.
"We have a number of judges who work daily in the system who have openly expressed their support for allowing the public to see what is going on in certain types of juvenile proceedings," Minton said. "These judges are attempting to follow model programs that have been successful across the country and to bring best practices to the courts of Kentucky."
However, Gov. Steve Beshear's office offered a more cautious opinion of the proposal to open some juvenile courts.
"Any effort to open family court — even in a limited basis — would require considerable input from a number of sources, including judges and attorneys as well as family advocates," said Kerri Richardson, a spokeswoman for Beshear. "Protecting innocent family members, especially children, remains an important consideration."
Burch said he believes a recent series of articles on child abuse by The Courier-Journal of Louisville has increased support for both measures.
The newspaper reported this week that since 2000, Kentucky Child Protective Services officials had investigated reports of problems involving 149 of the 267 Kentucky children who subsequently died from abuse or neglect, according to the annual reports on such deaths produced by the cabinet.
Burch, who has been chair of the House Health and Welfare Committee for 27 years, said many legislators don't understand the complexities and challenges faced by the state's overburdened child-protection system.
Opening that system for review would show the public and the legislature the strengths and weaknesses of the system, Burch said. He said it would also hold social workers and family court judges accountable for their actions.
Reach Valarie Honeycutt Spears at (859) 231-3409 or 1-800-950-6397, ext. 3409.
http://www.kentucky.com/latest_news/story/1065738.html
Saturday, Dec. 19, 2009
Bill would open abuse records
LAWMAKER HOPES TO IMPROVE CHILD PROTECTION WITH MORE TRANSPARENCY
By Valarie Honeycutt Spears and Beth Musgrave - vhoneycutt@herald-leader.com A key Kentucky lawmaker plans to push proposals in the upcoming legislative session that would begin lifting a curtain of secrecy that shrouds many investigative records and court proceedings involving abused children.
State Rep. Tom Burch, D-Louisville, said Friday he will introduce legislation in the 2010 General Assembly that would require state child-protection officials to release their records on children who died or were severely injured as a result of abuse or neglect.
Burch said he is concerned that, in some child abuse cases, "the Cabinet didn't do their job right or they had heavy caseloads and didn't have time to look at the case sufficiently."
Also on Friday, Kentucky Supreme Court Chief Justice John D. Minton said he supports a proposal that would create a pilot program for opening Kentucky's closed-door family courts. Most other states open child-protection courts to some degree.
Kentucky had the highest rate of child deaths from abuse and neglect in the United States during 2007, according to a report released in October by a national child-advocacy group called Every Child Matters Education Fund.
The non-profit group in Washington, D.C., reported that 41 Kentucky children died from abuse and neglect in 2007 — a rate of 4.09 deaths per 100,000 Kentucky children. The group has called on state officials to make public specific information about each child's death, including whether he or she had previous contact with state social workers.
Kentucky law permits the disclosure of details about children who die from abuse or neglect but does not appear to mandate release of the information.
Each year, the Kentucky Cabinet for Health and Family Services produces an annual report of deaths and near-deaths caused by child abuse and neglect, but it does not provide any specifics about each child's case.
The Herald-Leader has filed an appeal in Franklin Circuit Court of the cabinet's denial of a request for records in the May death of 22-month-old Kayden Branham, who died in Wayne County after drinking liquid drain cleaner that was allegedly being used to manufacture methamphetamine.
At least 12 states have passed laws requiring that child-protection records be released when a child dies from neglect or abuse.
House supportive
House Speaker Greg Stumbo said Friday that Burch can expect support.
"The House is more than willing to look for ways to make life safer for our youngest citizens," Stumbo said, "and if Rep. Burch believes this is an effective approach to take, I expect the chamber will be supportive of his efforts."
Meanwhile, a spokeswoman for Senate President David Williams said Friday that Williams would want to see the legislation before commenting on it.
Cabinet spokeswoman Anya Weber said cabinet officials look forward to reviewing the bill.
"Our practice is to address confidentiality in the manner dictated by state statute and regulation," Weber said. "Opening such records is a complicated issue that would require careful thought and deliberation in order to protect innocent family members."
Terry Brooks, executive director of Kentucky Youth Advocates, said Friday that his Louisville-based organization would support legislation to open abuse records and family courts.
"The current undue emphasis on confidentiality only hides issues in the child-welfare system," said Brooks. "Broader public exposure is a beginning step to fixing many of the issues that afflict child protection. It is a tough proposition but the right balance can be found between privacy rights, system accountability and disclosure for the sake of system improvements."
Beshear urges study
In 2008, a bill that would have opened Kentucky's child-protection courts to the public on a limited basis was rejected by the House Judiciary Committee. The proposal would have opened four to seven child-protection courts in Kentucky for four years on a test basis.
Burch said Friday that he is considering filing a similar bill in 2010.
"I would support similar legislation if introduced again," Minton said Friday in a statement.
"We have a number of judges who work daily in the system who have openly expressed their support for allowing the public to see what is going on in certain types of juvenile proceedings," Minton said. "These judges are attempting to follow model programs that have been successful across the country and to bring best practices to the courts of Kentucky."
However, Gov. Steve Beshear's office offered a more cautious opinion of the proposal to open some juvenile courts.
"Any effort to open family court — even in a limited basis — would require considerable input from a number of sources, including judges and attorneys as well as family advocates," said Kerri Richardson, a spokeswoman for Beshear. "Protecting innocent family members, especially children, remains an important consideration."
Burch said he believes a recent series of articles on child abuse by The Courier-Journal of Louisville has increased support for both measures.
The newspaper reported this week that since 2000, Kentucky Child Protective Services officials had investigated reports of problems involving 149 of the 267 Kentucky children who subsequently died from abuse or neglect, according to the annual reports on such deaths produced by the cabinet.
Burch, who has been chair of the House Health and Welfare Committee for 27 years, said many legislators don't understand the complexities and challenges faced by the state's overburdened child-protection system.
Opening that system for review would show the public and the legislature the strengths and weaknesses of the system, Burch said. He said it would also hold social workers and family court judges accountable for their actions.
Reach Valarie Honeycutt Spears at (859) 231-3409 or 1-800-950-6397, ext. 3409.
http://www.kentucky.com/latest_news/story/1065738.html
Rights group questions children's care
New Hampshire Hospital
Rights group questions children's care
12-, 6-year-old kept with adults, teens
By ANNMARIE TIMMINS
Monitor staff
--------------------------------------------------------------------------------
December 16, 2009 - 12:00 am
The state hospital is temporarily housing its youngest mentally disabled students with adult and adolescent patients because there are too few kids to justify keeping them in their own quarters at the Anna Philbrook Center for Children, a hospital official said yesterday.
The decision prompted the Disability Rights Center to contact the New Hampshire Hospital yesterday with concerns about the children's well-being and care, said Richard Cohen, the DRC's executive director.
Philbrook is a school and therapeutic center on the state hospital grounds for kids between 4 and 14 years old who have moderate to severe mental disabilities. There is room for 25 kids, but yesterday there were just two, said Jamie Dall, director of financial and support services. One is 6 years old, the other about 12.
The hospital has a policy based on nursing standards, Dall said, to relocate the Philbrook kids to the other unit when enrollment falls below four students. That way, the staff typically assigned to Philbrook can be reassigned to other shifts in the hospital, he said.
This week, the two kids assigned to Philbrook have spent their days at the center, taking classes, meeting with their families and participating in counseling, Dall said. In the early evening, they go to the adolescent and adult unit of the hospital and remain there under close supervision until morning, he said.
When the hospital admits two more children, Philbrook will return to its normal schedule, Dall said. "There is no plan to close Philbrook," he added.
In the meantime, the Disability Rights Center has asked the hospital for the names of the children's parents or guardians to make sure the two kids there now are not being neglected or harmed by sharing space with adolescent and adult patients, Cohen said.
"We are concerned," he said. "We are looking to determine whether or not this is based on clinical needs or budgetary or administrative needs. This is unusual for Philbrook to be closed down. And it's very unusual for young children to be placed in an adolescent-adult unit at the hospital."
Dall said the hospital did not merge the young kids with the adolescent-adult unit to save money. The hospital still heats the Philbrook Center, and the staff still reports to work, Dall said. But there is a savings: With the young kids relocated for the evening, the hospital can use the Philbrook staff to fill shift vacancies elsewhere in the hospital, Dall said.
Children are admitted to the Philbrook Center voluntarily or by a court-ordered involuntary admission. And it's unusual for Philbrook to have so few students, Dall said.
Two weekends ago, there were 15 students at Philbrook. Last week, there were 11, he said. But at day's end on Friday, there was no one due to spend the night at the center, he said.
There was an attempted admission of a 6-year-old over the weekend, but due to "confusion," that admission did not happen, Dall said. He did not know the specifics. The parents of that child brought the child in Monday, and the child remained there as of yesterday, Dall said.
"As a general rule, we have to staff for the worst because we don't know who is going to come in at 2 or 3 in the morning," he said.
Dall said the two children who are spending the evenings and nights with the older patients are being kept at the far end of the adolescent wing, with close supervision.
The adolescent and adult wings are connected, but there is a nursing desk where they intersect, and the populations are kept apart, he said.
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20091216/FRONTPAGE/912160301
Rights group questions children's care
12-, 6-year-old kept with adults, teens
By ANNMARIE TIMMINS
Monitor staff
--------------------------------------------------------------------------------
December 16, 2009 - 12:00 am
The state hospital is temporarily housing its youngest mentally disabled students with adult and adolescent patients because there are too few kids to justify keeping them in their own quarters at the Anna Philbrook Center for Children, a hospital official said yesterday.
The decision prompted the Disability Rights Center to contact the New Hampshire Hospital yesterday with concerns about the children's well-being and care, said Richard Cohen, the DRC's executive director.
Philbrook is a school and therapeutic center on the state hospital grounds for kids between 4 and 14 years old who have moderate to severe mental disabilities. There is room for 25 kids, but yesterday there were just two, said Jamie Dall, director of financial and support services. One is 6 years old, the other about 12.
The hospital has a policy based on nursing standards, Dall said, to relocate the Philbrook kids to the other unit when enrollment falls below four students. That way, the staff typically assigned to Philbrook can be reassigned to other shifts in the hospital, he said.
This week, the two kids assigned to Philbrook have spent their days at the center, taking classes, meeting with their families and participating in counseling, Dall said. In the early evening, they go to the adolescent and adult unit of the hospital and remain there under close supervision until morning, he said.
When the hospital admits two more children, Philbrook will return to its normal schedule, Dall said. "There is no plan to close Philbrook," he added.
In the meantime, the Disability Rights Center has asked the hospital for the names of the children's parents or guardians to make sure the two kids there now are not being neglected or harmed by sharing space with adolescent and adult patients, Cohen said.
"We are concerned," he said. "We are looking to determine whether or not this is based on clinical needs or budgetary or administrative needs. This is unusual for Philbrook to be closed down. And it's very unusual for young children to be placed in an adolescent-adult unit at the hospital."
Dall said the hospital did not merge the young kids with the adolescent-adult unit to save money. The hospital still heats the Philbrook Center, and the staff still reports to work, Dall said. But there is a savings: With the young kids relocated for the evening, the hospital can use the Philbrook staff to fill shift vacancies elsewhere in the hospital, Dall said.
Children are admitted to the Philbrook Center voluntarily or by a court-ordered involuntary admission. And it's unusual for Philbrook to have so few students, Dall said.
Two weekends ago, there were 15 students at Philbrook. Last week, there were 11, he said. But at day's end on Friday, there was no one due to spend the night at the center, he said.
There was an attempted admission of a 6-year-old over the weekend, but due to "confusion," that admission did not happen, Dall said. He did not know the specifics. The parents of that child brought the child in Monday, and the child remained there as of yesterday, Dall said.
"As a general rule, we have to staff for the worst because we don't know who is going to come in at 2 or 3 in the morning," he said.
Dall said the two children who are spending the evenings and nights with the older patients are being kept at the far end of the adolescent wing, with close supervision.
The adolescent and adult wings are connected, but there is a nursing desk where they intersect, and the populations are kept apart, he said.
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20091216/FRONTPAGE/912160301
HHS ends probe into transfer of young patients
Saturday, December 19, 2009 HHS ends probe into transfer of young patients
BC-NH — State Hospital-Young Patients,0146
HHS ends probe into transfer of young patients
Eds: APNewsNow.
CONCORD, N.H. (AP) — The New Hampshire Department of Health and Human Services has finished investigating a policy that allows young children with mental illness to be transferred to a state hospital unit that serves teenagers and adults.
Advocates for children have questioned whether the policy harmed two boys ages 6 and 12 who spent parts of two nights in the adult unit last week under a policy that allows such transfers if the number of patients at the Philbrook Center for children drops below four.
Health and Human Services Commissioner Nick Toumpas told New Hampshire Public Radio that he didn’t know anything about the transfer until he read about it in the newspaper. He says he will review the investigation next week and work with those involved to decide what the policy should be going forward.
http://www.nashuatelegraph.com/news/statenewengland/488542-227/hhs-ends-probe-into-transfer-of-young.html
BC-NH — State Hospital-Young Patients,0146
HHS ends probe into transfer of young patients
Eds: APNewsNow.
CONCORD, N.H. (AP) — The New Hampshire Department of Health and Human Services has finished investigating a policy that allows young children with mental illness to be transferred to a state hospital unit that serves teenagers and adults.
Advocates for children have questioned whether the policy harmed two boys ages 6 and 12 who spent parts of two nights in the adult unit last week under a policy that allows such transfers if the number of patients at the Philbrook Center for children drops below four.
Health and Human Services Commissioner Nick Toumpas told New Hampshire Public Radio that he didn’t know anything about the transfer until he read about it in the newspaper. He says he will review the investigation next week and work with those involved to decide what the policy should be going forward.
http://www.nashuatelegraph.com/news/statenewengland/488542-227/hhs-ends-probe-into-transfer-of-young.html
LAWMAKER HOPES TO IMPROVE CHILD PROTECTION WITH MORE TRANSPARENCY
News - Latest News
Saturday, Dec. 19, 2009
Bill would open abuse records
LAWMAKER HOPES TO IMPROVE CHILD PROTECTION WITH MORE TRANSPARENCY
By Valarie Honeycutt Spears and Beth Musgrave - vhoneycutt@herald-leader.com A key Kentucky lawmaker plans to push proposals in the upcoming legislative session that would begin lifting a curtain of secrecy that shrouds many investigative records and court proceedings involving abused children.
State Rep. Tom Burch, D-Louisville, said Friday he will introduce legislation in the 2010 General Assembly that would require state child-protection officials to release their records on children who died or were severely injured as a result of abuse or neglect.
Burch said he is concerned that, in some child abuse cases, "the Cabinet didn't do their job right or they had heavy caseloads and didn't have time to look at the case sufficiently."
Also on Friday, Kentucky Supreme Court Chief Justice John D. Minton said he supports a proposal that would create a pilot program for opening Kentucky's closed-door family courts. Most other states open child-protection courts to some degree.
Kentucky had the highest rate of child deaths from abuse and neglect in the United States during 2007, according to a report released in October by a national child-advocacy group called Every Child Matters Education Fund.
The non-profit group in Washington, D.C., reported that 41 Kentucky children died from abuse and neglect in 2007 — a rate of 4.09 deaths per 100,000 Kentucky children. The group has called on state officials to make public specific information about each child's death, including whether he or she had previous contact with state social workers.
Kentucky law permits the disclosure of details about children who die from abuse or neglect but does not appear to mandate release of the information.
Each year, the Kentucky Cabinet for Health and Family Services produces an annual report of deaths and near-deaths caused by child abuse and neglect, but it does not provide any specifics about each child's case.
The Herald-Leader has filed an appeal in Franklin Circuit Court of the cabinet's denial of a request for records in the May death of 22-month-old Kayden Branham, who died in Wayne County after drinking liquid drain cleaner that was allegedly being used to manufacture methamphetamine.
At least 12 states have passed laws requiring that child-protection records be released when a child dies from neglect or abuse.
House supportive
House Speaker Greg Stumbo said Friday that Burch can expect support.
"The House is more than willing to look for ways to make life safer for our youngest citizens," Stumbo said, "and if Rep. Burch believes this is an effective approach to take, I expect the chamber will be supportive of his efforts."
Meanwhile, a spokeswoman for Senate President David Williams said Friday that Williams would want to see the legislation before commenting on it.
Cabinet spokeswoman Anya Weber said cabinet officials look forward to reviewing the bill.
"Our practice is to address confidentiality in the manner dictated by state statute and regulation," Weber said. "Opening such records is a complicated issue that would require careful thought and deliberation in order to protect innocent family members."
Terry Brooks, executive director of Kentucky Youth Advocates, said Friday that his Louisville-based organization would support legislation to open abuse records and family courts.
"The current undue emphasis on confidentiality only hides issues in the child-welfare system," said Brooks. "Broader public exposure is a beginning step to fixing many of the issues that afflict child protection. It is a tough proposition but the right balance can be found between privacy rights, system accountability and disclosure for the sake of system improvements."
Beshear urges study
In 2008, a bill that would have opened Kentucky's child-protection courts to the public on a limited basis was rejected by the House Judiciary Committee. The proposal would have opened four to seven child-protection courts in Kentucky for four years on a test basis.
Burch said Friday that he is considering filing a similar bill in 2010.
"I would support similar legislation if introduced again," Minton said Friday in a statement.
"We have a number of judges who work daily in the system who have openly expressed their support for allowing the public to see what is going on in certain types of juvenile proceedings," Minton said. "These judges are attempting to follow model programs that have been successful across the country and to bring best practices to the courts of Kentucky."
However, Gov. Steve Beshear's office offered a more cautious opinion of the proposal to open some juvenile courts.
"Any effort to open family court — even in a limited basis — would require considerable input from a number of sources, including judges and attorneys as well as family advocates," said Kerri Richardson, a spokeswoman for Beshear. "Protecting innocent family members, especially children, remains an important consideration."
Burch said he believes a recent series of articles on child abuse by The Courier-Journal of Louisville has increased support for both measures.
The newspaper reported this week that since 2000, Kentucky Child Protective Services officials had investigated reports of problems involving 149 of the 267 Kentucky children who subsequently died from abuse or neglect, according to the annual reports on such deaths produced by the cabinet.
Burch, who has been chair of the House Health and Welfare Committee for 27 years, said many legislators don't understand the complexities and challenges faced by the state's overburdened child-protection system.
Opening that system for review would show the public and the legislature the strengths and weaknesses of the system, Burch said. He said it would also hold social workers and family court judges accountable for their actions.
Reach Valarie Honeycutt Spears at (859) 231-3409 or 1-800-950-6397, ext. 3409.
http://www.kentucky.com/latest_news/story/1065738.html
Saturday, Dec. 19, 2009
Bill would open abuse records
LAWMAKER HOPES TO IMPROVE CHILD PROTECTION WITH MORE TRANSPARENCY
By Valarie Honeycutt Spears and Beth Musgrave - vhoneycutt@herald-leader.com A key Kentucky lawmaker plans to push proposals in the upcoming legislative session that would begin lifting a curtain of secrecy that shrouds many investigative records and court proceedings involving abused children.
State Rep. Tom Burch, D-Louisville, said Friday he will introduce legislation in the 2010 General Assembly that would require state child-protection officials to release their records on children who died or were severely injured as a result of abuse or neglect.
Burch said he is concerned that, in some child abuse cases, "the Cabinet didn't do their job right or they had heavy caseloads and didn't have time to look at the case sufficiently."
Also on Friday, Kentucky Supreme Court Chief Justice John D. Minton said he supports a proposal that would create a pilot program for opening Kentucky's closed-door family courts. Most other states open child-protection courts to some degree.
Kentucky had the highest rate of child deaths from abuse and neglect in the United States during 2007, according to a report released in October by a national child-advocacy group called Every Child Matters Education Fund.
The non-profit group in Washington, D.C., reported that 41 Kentucky children died from abuse and neglect in 2007 — a rate of 4.09 deaths per 100,000 Kentucky children. The group has called on state officials to make public specific information about each child's death, including whether he or she had previous contact with state social workers.
Kentucky law permits the disclosure of details about children who die from abuse or neglect but does not appear to mandate release of the information.
Each year, the Kentucky Cabinet for Health and Family Services produces an annual report of deaths and near-deaths caused by child abuse and neglect, but it does not provide any specifics about each child's case.
The Herald-Leader has filed an appeal in Franklin Circuit Court of the cabinet's denial of a request for records in the May death of 22-month-old Kayden Branham, who died in Wayne County after drinking liquid drain cleaner that was allegedly being used to manufacture methamphetamine.
At least 12 states have passed laws requiring that child-protection records be released when a child dies from neglect or abuse.
House supportive
House Speaker Greg Stumbo said Friday that Burch can expect support.
"The House is more than willing to look for ways to make life safer for our youngest citizens," Stumbo said, "and if Rep. Burch believes this is an effective approach to take, I expect the chamber will be supportive of his efforts."
Meanwhile, a spokeswoman for Senate President David Williams said Friday that Williams would want to see the legislation before commenting on it.
Cabinet spokeswoman Anya Weber said cabinet officials look forward to reviewing the bill.
"Our practice is to address confidentiality in the manner dictated by state statute and regulation," Weber said. "Opening such records is a complicated issue that would require careful thought and deliberation in order to protect innocent family members."
Terry Brooks, executive director of Kentucky Youth Advocates, said Friday that his Louisville-based organization would support legislation to open abuse records and family courts.
"The current undue emphasis on confidentiality only hides issues in the child-welfare system," said Brooks. "Broader public exposure is a beginning step to fixing many of the issues that afflict child protection. It is a tough proposition but the right balance can be found between privacy rights, system accountability and disclosure for the sake of system improvements."
Beshear urges study
In 2008, a bill that would have opened Kentucky's child-protection courts to the public on a limited basis was rejected by the House Judiciary Committee. The proposal would have opened four to seven child-protection courts in Kentucky for four years on a test basis.
Burch said Friday that he is considering filing a similar bill in 2010.
"I would support similar legislation if introduced again," Minton said Friday in a statement.
"We have a number of judges who work daily in the system who have openly expressed their support for allowing the public to see what is going on in certain types of juvenile proceedings," Minton said. "These judges are attempting to follow model programs that have been successful across the country and to bring best practices to the courts of Kentucky."
However, Gov. Steve Beshear's office offered a more cautious opinion of the proposal to open some juvenile courts.
"Any effort to open family court — even in a limited basis — would require considerable input from a number of sources, including judges and attorneys as well as family advocates," said Kerri Richardson, a spokeswoman for Beshear. "Protecting innocent family members, especially children, remains an important consideration."
Burch said he believes a recent series of articles on child abuse by The Courier-Journal of Louisville has increased support for both measures.
The newspaper reported this week that since 2000, Kentucky Child Protective Services officials had investigated reports of problems involving 149 of the 267 Kentucky children who subsequently died from abuse or neglect, according to the annual reports on such deaths produced by the cabinet.
Burch, who has been chair of the House Health and Welfare Committee for 27 years, said many legislators don't understand the complexities and challenges faced by the state's overburdened child-protection system.
Opening that system for review would show the public and the legislature the strengths and weaknesses of the system, Burch said. He said it would also hold social workers and family court judges accountable for their actions.
Reach Valarie Honeycutt Spears at (859) 231-3409 or 1-800-950-6397, ext. 3409.
http://www.kentucky.com/latest_news/story/1065738.html
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