Drugging kids for parents' relief called abusive
By Madison Park, CNN
July 22, 2010 1:10 a.m. EDT
And CPS/DCYF drug children every day. They are the ones guilty of child abuse. They have no clue on how to handle a child, so they drug them to keep them under control!
Stressed parents might medicate their children to help them sleep, calm down or endure long flights.
STORY HIGHLIGHTS
Research estimates about 160 cases in which drugs were maliciously used on children
Most common drugs given to children: Analgesics, stimulants/street drugs, sedatives,
(CNN) -- If the kids become too much to handle, slip 'em a little cold medicine. It's an often-repeated joke -- or advice -- that parents share on the playground or on Twitter and Facebook pages.
One mom, Jill Smokler, said she doesn't vilify parents who medicate their kids: "It's not the end of the world."
"It's certainly better than being pushed to edge, spanking a child or slamming doors or really losing it," she said.
But drugging children with over-the-counter or prescription medications can have unintended consequences, said the author of a research published Thursday, who likened the practice to child abuse.
The research, published in the Journal of Pediatrics, found an average 160 annual cases in which pharmaceutical drugs were maliciously used on children.
"We believe the malicious use of pharmaceuticals may be an under-recognized form and/or component of child maltreatment," wrote the author, Dr. Shan Yin, a pediatrician.
Using information from the National Poison Data System, Yin found that children were most commonly receiving analgesics, stimulants/street drugs, sedatives, hypnotics, antipsychotics and cough or cold medications.
He found 1,439 cases from 2000 to 2008. Of those, 14 percent resulted in injuries, and 18 children died. More than half of the cases involved at least one sedating drug; 17 of the 18 deaths included sedatives. Yin said the poison data most likely underestimates the actual number of cases.
The circumstances around the 18 deaths were not clear, Yin said. He did not have access to case notes and legal findings. Four of them were ruled as homicides, three resulted in legal action against the mother, two were noted as highly suspicious and one included cocaine.
Why young children were given drugs such as antidepressants, stimulants and antipsychotics were also unclear. The motives, he said, could widely vary, such as overwhelmed parents looking for a break, amusement or punishment.
"Anytime you're giving a medication for any other purpose other than for what it's explicitly prescribed for, you run the risk of harming your child," Yin said.
This year, a Massachusetts woman was sentenced to life in prison after she was found guilty in the death of her 4-year-old daughter, whose blood had a lethal level of a hypertension drug used to sedate children with ADHD. Her husband, who was tried separately, was convicted of first-degree murder, according to CNN affiliate NECN. The prosecutors had argued the father had either given the pills or ordered his wife to do so to silence the child.
In a 2005 case, a Montana day care owner was convicted of killing a 1-year-old after giving a fatal dose of cough medicine to put the child to sleep.
In extreme cases such as these, the law determines whether the parent or caregivers' actions are criminal, said Dr. Lawrence Diller, who practices behavioral-developmental pediatrics in Walnut Creek, California.
But in more ordinary, everyday circumstances, the ethical boundaries are hazy.
"There are really ambiguous situations where the line is between helping the child legitimately -- those are the vast majority -- and situations that border on sedating the child that would be a form of abuse," Diller said.
Parents may slip their children some medication to relax and think they're not harming them. This happens to families when "they feel overwhelmed or desperate," he said.
Each case has different elements and motives, so it's hard to generalize whether deliberate medicating of a child is abuse, said James Hmurovich, the president and CEO of Prevent Child Abuse America.
"If it's for medical a reason, that's one thing," Hmurovich said. "If moms are at wit's end and the stress is building up and they're tired, that's not a good use of over-the-counter medications."
Some parents use drugs to calm their children down in airplanes.
Smokler gave her daughter, who was then 1 1/2 years old, some Benadryl, expecting her to sleep through the two-hour flight.
Her plan backfired.
Benadryl, an antihistamine used to relieve irritated eyes, sneezing and a runny nose, had an energizing effect on her daughter. The toddler ran through the aisles, talked as loudly as she could, and jumped up and down on her chair.
"It was worst-case scenario," said Smokler, of Baltimore, Maryland. "This is what I get for trying to dope up my kid."
She never tried it again.
Smokler has discussed using Benadryl on kids with her friends and said it could be seen as a way to have "me time" to relax, read a book or have a quiet dinner.
"It's a selfish act doing that," said Smokler, who blogs at Scary Mommy, where she takes a frank look at motherhood. "Sometimes you just need it. It's better than screaming at a kid when all your buttons are being pushed. You need a break; it's a survival mechanism."
Cynthia Dermody, a health editor for a mom blog, The Stir, said in the typical, real-mom world, parents joke about giving children Benadryl but don't usually go through with it.
"I'll admit I've felt that inclination, too, when my kids were younger and weren't sleeping well. ... I would never give my own children a medication for a nonmedical use, but as a harried, stressed-out parent, I do understand the temptation."
Sometimes, parents need a break or want their kids to sleep a little longer or sleep at all, she added.
http://www.cnn.com/2010/HEALTH/07/22/drugged.children.parenting/?hpt=T2
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
Thursday, July 22, 2010
Woman gets $219,000 in child case
Woman gets $219,000 in child case
Before a federal jury, Luzerne County had argued the local woman had not done required paperwork.
By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
SCRANTON – A federal jury on Wednesday awarded $219,000 to a woman who claimed Luzerne County Children and Youth Services improperly denied her foster care payments for caring for her sister’s children.
The panel rendered the verdict in favor of Odetta Todd after a three-day trial before U.S. District Judge A. Richard Caputo.
Todd, of Wilkes-Barre, filed suit in 2004, alleging her right to due process was violated when the agency denied her financial assistance – known as kinship care – for taking care of her sister Tamu’s four children. Todd began caring for three of the children in 1998 and took custody of a fourth child in 2001.
During testimony Monday, Todd said she was struggling to provide for the children, who were taken away from their biological mother based on the mother’s drug use, and she sought help from Children and Youth. Instead, the agency thwarted her efforts to obtain the assistance.
Officials with Children and Youth maintained they acted properly because Todd failed to fill out required forms that would allow the agency to obtain information on convictions she had for welfare fraud and simple assault.
Todd acknowledged she did not fill out the forms, but said her decision was based on the fact she had previously signed releases for a state police criminal background check and child abuse registry.
Todd’s attorney, James Hayward of Wilkes-Barre, said evidence at trial showed Todd had, in fact, filled out the background checks. But a Children and Youth caseworker insisted she sign another, non-standard form that would give the worker permission to obtain “any and all” information about Todd from the county probation department.
“She refused to sign it because they were vaguely worded and overly broad,” Hayward said. “They contended because she did not sign these forms she abandoned her application. They never told her her rights or that she had a right to appeal.”
Hayward said the eight-member jury deliberated for about four hours before reaching its decision. He did not seek specific damages and said he has “no idea” how the jurors came up with the $219,000 award.
Hayward said Todd is pleased with the monetary award, but that was only part of her purpose in filing the suit.
“The amount isn’t so much the issue as it is that Odetta get vindication,” he said. “They can’t run roughshod over people. They have to follow the law.”
Attorney Paula Radick, who represented Children and Youth at trial, could not be reached for comment Wednesday evening. Attorney Jack Dean, who handled pre-trial matters in the case, said his firm will be filing post-trial motions seeking to have the verdict overturned and the case dismissed.
“Based on our initial review of the verdict, we feel we have a significant legal issue that is going to result in the case being thrown out,” Dean said.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.
http://www.timesleader.com/news/Woman_gets__219_000_in_child_case_07-21-2010.html
Before a federal jury, Luzerne County had argued the local woman had not done required paperwork.
By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
SCRANTON – A federal jury on Wednesday awarded $219,000 to a woman who claimed Luzerne County Children and Youth Services improperly denied her foster care payments for caring for her sister’s children.
The panel rendered the verdict in favor of Odetta Todd after a three-day trial before U.S. District Judge A. Richard Caputo.
Todd, of Wilkes-Barre, filed suit in 2004, alleging her right to due process was violated when the agency denied her financial assistance – known as kinship care – for taking care of her sister Tamu’s four children. Todd began caring for three of the children in 1998 and took custody of a fourth child in 2001.
During testimony Monday, Todd said she was struggling to provide for the children, who were taken away from their biological mother based on the mother’s drug use, and she sought help from Children and Youth. Instead, the agency thwarted her efforts to obtain the assistance.
Officials with Children and Youth maintained they acted properly because Todd failed to fill out required forms that would allow the agency to obtain information on convictions she had for welfare fraud and simple assault.
Todd acknowledged she did not fill out the forms, but said her decision was based on the fact she had previously signed releases for a state police criminal background check and child abuse registry.
Todd’s attorney, James Hayward of Wilkes-Barre, said evidence at trial showed Todd had, in fact, filled out the background checks. But a Children and Youth caseworker insisted she sign another, non-standard form that would give the worker permission to obtain “any and all” information about Todd from the county probation department.
“She refused to sign it because they were vaguely worded and overly broad,” Hayward said. “They contended because she did not sign these forms she abandoned her application. They never told her her rights or that she had a right to appeal.”
Hayward said the eight-member jury deliberated for about four hours before reaching its decision. He did not seek specific damages and said he has “no idea” how the jurors came up with the $219,000 award.
Hayward said Todd is pleased with the monetary award, but that was only part of her purpose in filing the suit.
“The amount isn’t so much the issue as it is that Odetta get vindication,” he said. “They can’t run roughshod over people. They have to follow the law.”
Attorney Paula Radick, who represented Children and Youth at trial, could not be reached for comment Wednesday evening. Attorney Jack Dean, who handled pre-trial matters in the case, said his firm will be filing post-trial motions seeking to have the verdict overturned and the case dismissed.
“Based on our initial review of the verdict, we feel we have a significant legal issue that is going to result in the case being thrown out,” Dean said.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.
http://www.timesleader.com/news/Woman_gets__219_000_in_child_case_07-21-2010.html
Mother Of Slain Toddler Picks Up Child's Ashes First Trip To Colorado Marked By Court Appearance For Former Boyfriend
Mother Of Slain Toddler Picks Up Child's Ashes
First Trip To Colorado Marked By Court Appearance For Former Boyfriend
By Tyler Lopez, 7NEWS Reporter
POSTED: 10:05 am MDT July 22, 2010
UPDATED: 12:18 pm MDT July 22, 2010
STERLING, Colo. -- The mother of a slain toddler holds out hope that her daughter's tragic ending will be avenged.
"I do. I really do," said Kim McClain of her daughter's death. "Because if I didn't feel that, I would express it. But I really do feel in my heart they're going to get what they deserve."
The adults who were supposed to protect and nurture 3-year-old Alexis McClain are now accused in her killing her.
http://www.thedenverchannel.com/news/24353185/detail.html
First Trip To Colorado Marked By Court Appearance For Former Boyfriend
By Tyler Lopez, 7NEWS Reporter
POSTED: 10:05 am MDT July 22, 2010
UPDATED: 12:18 pm MDT July 22, 2010
STERLING, Colo. -- The mother of a slain toddler holds out hope that her daughter's tragic ending will be avenged.
"I do. I really do," said Kim McClain of her daughter's death. "Because if I didn't feel that, I would express it. But I really do feel in my heart they're going to get what they deserve."
The adults who were supposed to protect and nurture 3-year-old Alexis McClain are now accused in her killing her.
http://www.thedenverchannel.com/news/24353185/detail.html
Why won't CPS relase information about foster child death?
Why won't CPS relase information about foster child death?
Last Update: 7/21 9:34 pm
Child Protective Services will not reveal whether it had received reports of previous abuse at the foster home where 3-year-old Serenity Garcia was found dead Sunday.
Her 4-year-old brother Isaiah was asleep in the bedroom. Police said both children were victims of long-term abuse, and the children's grandmother, Maria Garcia, said she reported suspicions of abuse to CPS workers, but they did nothing.
Police said the couple fled to Mexico with Carla's three biological children.
Elena Acosta, the assistant director for the Kern County Department of Human Services, which oversees CPS, said the department is not allowed to release any information to the public about any of its cases unless a death has been ruled to be as a direct result of abuse or neglect.
Serenity's death has been ruled a homicide, but CPS has not released anything about the case so far. Acosta said CPS has to follow the law, which strictly prohibits any information being released about foster kids.
"The law protects children that come into the child protective services system by protecting their confidentiality, and children in care, who are in foster care, have the right to privacy and the laws are set up for the protection of the children," she said.
Under a 2008 law, CPS is obligated to release information about inspections, reports of abuse and other details in foster child murders, but only if the involved law enforcement agencies give them permission. It’s unclear if that will happen in Serenity's case.
In the last two years there have been two other local foster child killed from neglect or abuse.
Serenity’s funeral will be held Friday at 10 a.m. at Greenlawn Cemetery in northeast Bakersfield.
The public is welcome to attend.
http://www.kget.com/news/local/story/Why-wont-CPS-relase-information-about-foster/NgM3LEuZTkS1vxzzw3Sy0w.cspx
Last Update: 7/21 9:34 pm
Child Protective Services will not reveal whether it had received reports of previous abuse at the foster home where 3-year-old Serenity Garcia was found dead Sunday.
Her 4-year-old brother Isaiah was asleep in the bedroom. Police said both children were victims of long-term abuse, and the children's grandmother, Maria Garcia, said she reported suspicions of abuse to CPS workers, but they did nothing.
Police said the couple fled to Mexico with Carla's three biological children.
Elena Acosta, the assistant director for the Kern County Department of Human Services, which oversees CPS, said the department is not allowed to release any information to the public about any of its cases unless a death has been ruled to be as a direct result of abuse or neglect.
Serenity's death has been ruled a homicide, but CPS has not released anything about the case so far. Acosta said CPS has to follow the law, which strictly prohibits any information being released about foster kids.
"The law protects children that come into the child protective services system by protecting their confidentiality, and children in care, who are in foster care, have the right to privacy and the laws are set up for the protection of the children," she said.
Under a 2008 law, CPS is obligated to release information about inspections, reports of abuse and other details in foster child murders, but only if the involved law enforcement agencies give them permission. It’s unclear if that will happen in Serenity's case.
In the last two years there have been two other local foster child killed from neglect or abuse.
Serenity’s funeral will be held Friday at 10 a.m. at Greenlawn Cemetery in northeast Bakersfield.
The public is welcome to attend.
http://www.kget.com/news/local/story/Why-wont-CPS-relase-information-about-foster/NgM3LEuZTkS1vxzzw3Sy0w.cspx
'Foster mom pushed child before death' Bond Set at $10,000 for Foster Mother Charged with Open Murder
Bond Set at $10,000 for Foster Mother Charged with Open Murder
5-Year-Old Emily Meno died after suffering a traumatic brain injury
Lisa LaPlante/Lindsay KusFOX 17 News Reporters
4:18 PM EDT, July 21, 2010
KENT COUNTY - Bond was set this afternoon at $10,000 for Joy Heaven, the foster mother charged with murder while committing child abuse, in the death of a 5 year old girl last weekend.
Heaven appeared very emotional as a judge read the charges. The Kent County Sheriff's Department was called to the hospital to investigate the circumstances of injuries sustained by Emily Meno on Friday, July 16th. Emily passed away on July 17th. An autopsy revealed the cause of death was a severe bleeding of the brain.
According to a court affidavit, on July 15th, paramedics were called to Heaven's home in Gaines Township for a child who would not wake up. Heaven first told paramedics that she believed that Emily had suffered an epileptic seizure. She was placed on life support for two days. July 17th, she was removed from life support and died.
After the autopsy results came back, the affidavit says Heaven admitted around 8 p.m. on the night of July 15, she was "frustrated with Emily for wetting her pants and being in her way," so she shoved Emily "really hard." The force threw Emily so hard, her feet went through the air, and landed on her head in the kitchen. Emily was unconscious for a few seconds, but woke up. Heaven told investigators she sent Emily to bed. After 10 p.m., Emily woke up and vomitted, then passed out. That's when Heaven called 911. The Medical Examiner, Dr. Stephen Cohle, said the autopsy supports the explanation given by Heaven.
Emily and her twin sister were under the foster care of Joy Heaven, a 30 year old single woman who received the girls through Bethany Christian Services.
Bethany Christians Services, based in Grand Rapids, would not comment on the specific case but said they are in shock and devastated by the situation.
BCS issued the license to the foster parent with the approval of the state and does an extensive background and screening.
"I don't believe it," said Betty Meno, the child's biological grandmother. She says she met the foster mother a couple of times when the girls would come to visit, but that they didnt' live with her for very long.
"I personally didn't think they should have been in foster care," said Meno. Betty says the girls were taken away because their mother had a low IQ, but wouldn't get into details.
The twins went through many challenges. Tiffany suffers seizures and was autistic. Their older sister died in car crash back in 2008. The twins bounced around from foster care home to foster care home.
"They had a hard life, but they were happy somtimes," said Betty Meno. Emily was said to love the toy "Clifford" and the color purple. She had big eyes and cury hair.
Her obit says she was attending Wellerwood Preschool in Grand Rapds and was getting ready to start kindergarten in the fall.
Her funeral will be held on Thursday at Rockford Springs Community Church.
Family members dont' know what to think of the situation but take comfort knowing the little girl who had a tough go on her short life is in a better place.
"She is in Heaven with Jesus and her older sister and shes' not hurting and she's not crying but I am going to miss her," said Meno.
Copyright © 2010, FOX 17 - West Michigan's FOX
http://www.fox17online.com/news/landing/fox17-5-year-old-killed,0,5055594.story
The Underground World of CPS
The Underground World of CPS
by Heather Hoover, published on July 21, 2010 at 4:43AM
Storyline: Child Protective Services (CPS)
Community Tags: child protective services children cps department of health and human services family family court politics sacramento county
It is amazing to me all the road blocks that Sacramento County CPS puts up to make it nearly impossible for a parent to assert their rights and fight for what is rightfully theirs--their children. In the past four years I have seen, heard, and experienced things that would ignite fear and furor in Americans…if only they knew about it. However, these actions of which I speak are closely guarded under the cloak of confidentiality that hides Juvenile Dependency Court and involuntary child custody proceedings from the public. At first guess, you assume that this so-called “confidentiality” is in place to protect the children in these cases. However, it doesn’t take long for a person to realize the protection is not for the children but rather the protection of CPS and their corrupt policies and actions.
The actions of CPS thrive in a underground world where warrant-less search of a home and seizure of a child is common practice. A world where due process rights violations occur on a daily basis. A world where a child can be removed from the home, detained, and placed into protective custody simply because there is a potential for abuse. Even if there is no history of abuse, sign of abuse, a witness to the abuse, or admittance of abuse. Within this hidden system the parent's and the children's rights are concealed and when a parent finally realizes their rights it’s too late and their child is gone forever. This well run factory shuffles families in and out daily in robotic fashion without real care or concern for children, parents, or extended family members.
Court-appointed attorneys argue cases with the judge, come to an agreement, call in the parties involved (children, parents, others that have the ability to intervene such as a Native American Tribe), and then call the case. Parents are forced to make split-second decisions without informed consent and sometimes the court-appointed attorneys will make decisions and motions without the parents' knowledge. These court-appointed attorneys will out-right refuse their clients requests and/or motions. This is clearly ineffective assistance of counsel which should afford you the right to a Marsden hearing. However, that right is usually denied too. If a Marsden hearing is actually had, the judge can choose NOT to release your attorney, NOT appoint you another attorney, and can even choose NOT to allow you to represent yourself if you so choose. In essence your stuck with an attorney that refuses to represent you in your best interest.
http://www.sacramentopress.com/headline/33240/The_Underground_World_of_CPS
by Heather Hoover, published on July 21, 2010 at 4:43AM
Storyline: Child Protective Services (CPS)
Community Tags: child protective services children cps department of health and human services family family court politics sacramento county
It is amazing to me all the road blocks that Sacramento County CPS puts up to make it nearly impossible for a parent to assert their rights and fight for what is rightfully theirs--their children. In the past four years I have seen, heard, and experienced things that would ignite fear and furor in Americans…if only they knew about it. However, these actions of which I speak are closely guarded under the cloak of confidentiality that hides Juvenile Dependency Court and involuntary child custody proceedings from the public. At first guess, you assume that this so-called “confidentiality” is in place to protect the children in these cases. However, it doesn’t take long for a person to realize the protection is not for the children but rather the protection of CPS and their corrupt policies and actions.
The actions of CPS thrive in a underground world where warrant-less search of a home and seizure of a child is common practice. A world where due process rights violations occur on a daily basis. A world where a child can be removed from the home, detained, and placed into protective custody simply because there is a potential for abuse. Even if there is no history of abuse, sign of abuse, a witness to the abuse, or admittance of abuse. Within this hidden system the parent's and the children's rights are concealed and when a parent finally realizes their rights it’s too late and their child is gone forever. This well run factory shuffles families in and out daily in robotic fashion without real care or concern for children, parents, or extended family members.
Court-appointed attorneys argue cases with the judge, come to an agreement, call in the parties involved (children, parents, others that have the ability to intervene such as a Native American Tribe), and then call the case. Parents are forced to make split-second decisions without informed consent and sometimes the court-appointed attorneys will make decisions and motions without the parents' knowledge. These court-appointed attorneys will out-right refuse their clients requests and/or motions. This is clearly ineffective assistance of counsel which should afford you the right to a Marsden hearing. However, that right is usually denied too. If a Marsden hearing is actually had, the judge can choose NOT to release your attorney, NOT appoint you another attorney, and can even choose NOT to allow you to represent yourself if you so choose. In essence your stuck with an attorney that refuses to represent you in your best interest.
http://www.sacramentopress.com/headline/33240/The_Underground_World_of_CPS
Mothers, Men, and Child Protective Services Involvement
Mothers, Men, and Child Protective Services Involvement
Lawrence M. Berger
University of Wisconsin-Madison, lmberger@wisc.edu
Christina Paxson
Princeton University
Jane Waldfogel
Columbia University
Abstract
This study used data on 2,297 families from the Fragile Families and Child Wellbeing Study to examine whether Child Protective Services (CPS) involvement varies by maternal relationship status. Families were categorized according to whether the mother was living with a (male) partner or spouse, was involved in a dating relationship, or was not romantically involved. Families in which the mother was romantically involved were further delineated by whether her partner was the biological father of none, some, or all of the children in her household. Results indicated that families in which the mother was living with a man who was not the biological father of all children and those in which she was not romantically involved were significantly more likely to be contacted by CPS than those in which she was living with the biological father of all resident children. These findings withstood the inclusion of detailed controls for the mother's characteristics and behaviors and (in two-parent families) her partner's characteristics and behaviors, suggesting that they are not fully explained by observable social selection factors.
http://cmx.sagepub.com/content/14/3/263.short
Lawrence M. Berger
University of Wisconsin-Madison, lmberger@wisc.edu
Christina Paxson
Princeton University
Jane Waldfogel
Columbia University
Abstract
This study used data on 2,297 families from the Fragile Families and Child Wellbeing Study to examine whether Child Protective Services (CPS) involvement varies by maternal relationship status. Families were categorized according to whether the mother was living with a (male) partner or spouse, was involved in a dating relationship, or was not romantically involved. Families in which the mother was romantically involved were further delineated by whether her partner was the biological father of none, some, or all of the children in her household. Results indicated that families in which the mother was living with a man who was not the biological father of all children and those in which she was not romantically involved were significantly more likely to be contacted by CPS than those in which she was living with the biological father of all resident children. These findings withstood the inclusion of detailed controls for the mother's characteristics and behaviors and (in two-parent families) her partner's characteristics and behaviors, suggesting that they are not fully explained by observable social selection factors.
http://cmx.sagepub.com/content/14/3/263.short
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