Workers in case of starved baby in Philly are fired - Philly.com: "The caseworker who said she visited 2-month-old Quasir Alexander in a city shelter and pronounced him 'healthy and well' two days before he died of starvation has been fired by the contractor the city hired to help the family.
A supervisor who oversaw the case also was fired.
'Lutheran Children and Family Service has completed the initial phase of an internal review, and based on the facts developed in that review, we have terminated the supervisor and caseworker handling the Williams case,' the agency said in a statement to The Inquirer Tuesday night. It said it was 'fully cooperating with all relevant authorities so that the facts can be fully and properly vetted.'"
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
Wednesday, January 19, 2011
Video: The Watch List: The medication of foster children | Need to Know
Video: The Watch List: The medication of foster children | Need to Know
January 7, 2011
Nearly one in every 10 American children is diagnosed with a mental health disorder. Often the treatment prescribed is medication, and often the medication is heavy-duty — so-called antipsychotic drugs.
In this report, you’ll see that foster care children are prescribed drugs at a rate much greater than that of other kids. Concern over their well-being — not to mention the amount it costs to treat them — has prompted the Government Accountability Office to investigate potentially abusive prescribing practices in America’s state foster care systems. The GAO findings are expected to come out later this year.
Need to Know correspondent Shoshana Guy went to Texas to investigate overuse of psychotropic drugs in foster children, as well as that state’s efforts at reform.
January 7, 2011
Nearly one in every 10 American children is diagnosed with a mental health disorder. Often the treatment prescribed is medication, and often the medication is heavy-duty — so-called antipsychotic drugs.
In this report, you’ll see that foster care children are prescribed drugs at a rate much greater than that of other kids. Concern over their well-being — not to mention the amount it costs to treat them — has prompted the Government Accountability Office to investigate potentially abusive prescribing practices in America’s state foster care systems. The GAO findings are expected to come out later this year.
Need to Know correspondent Shoshana Guy went to Texas to investigate overuse of psychotropic drugs in foster children, as well as that state’s efforts at reform.
Watch the full episode. See more Need To Know.
Federal officials deny DHR claim for foster care money which was supposed to be used for In Home services to prevent foster placement
Federal officials deny DHR claim for foster care money - baltimoresun.com
Federal officials won't reimburse Maryland's Department of Human Resources for nearly $10 million in foster care-related expenses that the state had expected to recoup, according to a legislative audit released Wednesday.
The funds would have paid Maryland for in-home, "pre-placement" services, provided to children with the aim of preventing them from being removed to foster care placement.
The U.S Department of Health and Human Services denied the claim because DHR did not have a process to document that the children it served were in imminent risk of entering foster care, the auditors stated in the report.
Federal officials won't reimburse Maryland's Department of Human Resources for nearly $10 million in foster care-related expenses that the state had expected to recoup, according to a legislative audit released Wednesday.
The funds would have paid Maryland for in-home, "pre-placement" services, provided to children with the aim of preventing them from being removed to foster care placement.
The U.S Department of Health and Human Services denied the claim because DHR did not have a process to document that the children it served were in imminent risk of entering foster care, the auditors stated in the report.
Advocates ask for RI foster care suit to proceed
Advocates ask for RI foster care suit to proceed - Boston.com
PROVIDENCE, R.I.—A lawsuit alleging that Rhode Island's foster children are routinely neglected and abused should move forward, the advocates who brought the case say in new court papers.
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The lawsuit alleges that the state's foster care system is broken, with caseworkers who are saddled by excessive caseloads and children in state custody who are at risk of harm and are shuffled from home-to-home without having their needs met. About 2,300 children are in the state foster care system, the advocacy group says.
PROVIDENCE, R.I.—A lawsuit alleging that Rhode Island's foster children are routinely neglected and abused should move forward, the advocates who brought the case say in new court papers.
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The lawsuit alleges that the state's foster care system is broken, with caseworkers who are saddled by excessive caseloads and children in state custody who are at risk of harm and are shuffled from home-to-home without having their needs met. About 2,300 children are in the state foster care system, the advocacy group says.
WHAT IS A “CHINS”?
NAMI NH
State branch of the National Alliance for the Mentally Ill. Provides education, support, and advocacy for people with serious mental illnesses and their ...
www.naminh.org/ - Cached - Similar
WHAT IS A “CHINS”?
What a CHINS Is:
CHINS (“child in need of services”) is a legal process governed by state
statute (RSA 169-D) that helps to address specific behavioral problems
of children under the age of 18, specifically, a child who is expressly
found to be:
• Habitually, willfully, and without good and sufficient cause, truant
from school; OR
• Habitually running away from home; OR
• Repeatedly disregarding the reasonable and lawful commands of
his/her parents, guardian or custodian and placing himself/ herself
or others in unsafe circumstances; AND
• Is expressly found to be in need of care, guidance, counseling,
discipline, supervision, treatment, or rehabilitation as a consequence
of one or more of the preceding behaviors.
Additionally, a CHINS petition may be filed when a child has
committed willful repeated or habitual conduct constituting offenses
that would be violations (but not felonies or misdemeanors) under the
Criminal Code of this state if committed by a person 17 years of age or
over, OR willful repeated or habitual conduct constituting offenses
that would be violations or misdemeanors (but not felonies) under the
Motor Vehicle Code of this state if committed by a person 16 years old
or older. (Note: Only a law enforcement officer or prosecutor should
file a CHINS petition under these sections.)
What a CHINS Is Not:
A CHINS petition is NOT appropriate in any of the following
situations:
• Emancipated Minors: If a minor received an emancipation decree
in another state, NH will give legal recognition to that court order
(RSA 21-B:2). Emancipated minors are therefore not subject to
CHINS proceedings brought by their parent/ guardian/custodian for
disobedience or running away from home.
• Delinquent Acts: “Delinquent” means a person who has committed
an offense before reaching the age of 17 that would be a felony or
misdemeanor under the Criminal Code of this state if committed by
an adult (RSA 169-B:2, IV). Delinquent acts cannot be included in
a CHINS petition [RSA 169-D:5, IV; In re James N., 157 N.H. 690
(2008)]).
• Excluded Offenses: Violations of any of the following laws are
excluded by state statutes (RSA 169-B:32 & 169-D:22) from
juvenile CHINS or delinquency proceedings: Motor vehicle laws by
persons 16 years of age or over; aeronautics; boat navigation; fish
and game; alcoholic beverages; fireworks; tobacco. These excluded
offenses are subject to adult court prosecution, not juvenile court.
When is a CHINS appropriate?
A CHINS petition may only be filed by a parent/guardian/custodian
when the following conditions have been met (RSA 169-D:5, III)
• The child and family have sought to resolve the expressed problem
through available community alternatives,
• The problem still remains, AND
• Court intervention is needed to resolve the problem
►
AMI NH has developed several publications on the topic of mental illness for consumers, family members, caregivers and the legislature. For more information, click on the title of the desired topic.
Children/Adolescents
CHINS ~ a guide for families on the CHINS legal process
Parent/Caregiver Guidebook ~ for parents and caregivers of children/adolescents with serious emotional disorders
Reclaiming Our Future ~ A Pathway For Treating Co-occurring Mental Health and Substance Use Disorders in NH's Adolescents and Young Adults
Adults
Hope and Help ~ a NAMI NH guide for consumers with information on recovery and resources
Mental Health Matters ~ a NAMI NH publication on the status of mental health services and supports in New Hampshire
Older Adults
Older Adult Guidebook ~ for family members and caregivers of older adults with mental illness
State branch of the National Alliance for the Mentally Ill. Provides education, support, and advocacy for people with serious mental illnesses and their ...
www.naminh.org/ - Cached - Similar
WHAT IS A “CHINS”?
What a CHINS Is:
CHINS (“child in need of services”) is a legal process governed by state
statute (RSA 169-D) that helps to address specific behavioral problems
of children under the age of 18, specifically, a child who is expressly
found to be:
• Habitually, willfully, and without good and sufficient cause, truant
from school; OR
• Habitually running away from home; OR
• Repeatedly disregarding the reasonable and lawful commands of
his/her parents, guardian or custodian and placing himself/ herself
or others in unsafe circumstances; AND
• Is expressly found to be in need of care, guidance, counseling,
discipline, supervision, treatment, or rehabilitation as a consequence
of one or more of the preceding behaviors.
Additionally, a CHINS petition may be filed when a child has
committed willful repeated or habitual conduct constituting offenses
that would be violations (but not felonies or misdemeanors) under the
Criminal Code of this state if committed by a person 17 years of age or
over, OR willful repeated or habitual conduct constituting offenses
that would be violations or misdemeanors (but not felonies) under the
Motor Vehicle Code of this state if committed by a person 16 years old
or older. (Note: Only a law enforcement officer or prosecutor should
file a CHINS petition under these sections.)
What a CHINS Is Not:
A CHINS petition is NOT appropriate in any of the following
situations:
• Emancipated Minors: If a minor received an emancipation decree
in another state, NH will give legal recognition to that court order
(RSA 21-B:2). Emancipated minors are therefore not subject to
CHINS proceedings brought by their parent/ guardian/custodian for
disobedience or running away from home.
• Delinquent Acts: “Delinquent” means a person who has committed
an offense before reaching the age of 17 that would be a felony or
misdemeanor under the Criminal Code of this state if committed by
an adult (RSA 169-B:2, IV). Delinquent acts cannot be included in
a CHINS petition [RSA 169-D:5, IV; In re James N., 157 N.H. 690
(2008)]).
• Excluded Offenses: Violations of any of the following laws are
excluded by state statutes (RSA 169-B:32 & 169-D:22) from
juvenile CHINS or delinquency proceedings: Motor vehicle laws by
persons 16 years of age or over; aeronautics; boat navigation; fish
and game; alcoholic beverages; fireworks; tobacco. These excluded
offenses are subject to adult court prosecution, not juvenile court.
When is a CHINS appropriate?
A CHINS petition may only be filed by a parent/guardian/custodian
when the following conditions have been met (RSA 169-D:5, III)
• The child and family have sought to resolve the expressed problem
through available community alternatives,
• The problem still remains, AND
• Court intervention is needed to resolve the problem
►
AMI NH has developed several publications on the topic of mental illness for consumers, family members, caregivers and the legislature. For more information, click on the title of the desired topic.
Children/Adolescents
CHINS ~ a guide for families on the CHINS legal process
Parent/Caregiver Guidebook ~ for parents and caregivers of children/adolescents with serious emotional disorders
Reclaiming Our Future ~ A Pathway For Treating Co-occurring Mental Health and Substance Use Disorders in NH's Adolescents and Young Adults
Adults
Hope and Help ~ a NAMI NH guide for consumers with information on recovery and resources
Mental Health Matters ~ a NAMI NH publication on the status of mental health services and supports in New Hampshire
Older Adults
Older Adult Guidebook ~ for family members and caregivers of older adults with mental illness
In Re James N. holds that delinquent acts cannot be the basis of a CHINS petition : New Hampshire Family Law Blog
In Re James N. holds that delinquent acts cannot be the basis of a CHINS petition : New Hampshire Family Law Blog
Posted on October 21, 2008 by Kysa Crusco
The problem in this case is the child SHOULD HAVE been provided services under a Chins as he was suffering from ongoing hallucinations and had already been determined to be mentally disabled/mentally ill by the Social Security Administration. NH DHHS collected his SS money but failed to provide him with services!!!He was denied services under a Chin's and was instead called a Juvenile Delinquent, STILL NOT given any services, Still mentally ill AND his illness progressed further.
In Re James N. holds that delinquent acts cannot be the basis of a CHINS petition
The New Hampshire Supreme Court released In Re James N. on October 8, 2008 holding that the basis of a CHINS petition under the Child in Need of Services statute cannot be founded upon a delinquent act.
In 2007, the Mother filed a CHINS petition involving her 6 year old son James, who at the time was in DCYF’s custody. Mother alleged that he was a child in need of services for failing to obey the reasonable commands of his parent, guardian or custodian pursuant to RSA 169-D:2, II(b). The specific acts alleged in the petition were: threatening others with physical harm, threatening to set fire to a residence, harming his foster family’s dog, attempting to strangle his foster brother, head butting, biting, and placing glass “sharps” in others’ clothing.
At the hearing, James, joined by DCYF, moved to dismiss arguing that the alleged underlying facts are delinquent acts and may not be included in a CHINS petition. The court granted James’ motion finding that the petition failed because the acts alleged were delinquent acts.
The mother then filed four delinquency petitions alleging cruelty to animals, simple assault, and reckless conduct. James moved to dismiss arguing that a six-year old is presumed not to be competent to stand trial in delinquency proceedings and is presumed not to be capable of committing a crime due to his tender age. The court agreed with James and found that he could not consult with his attorney or have a rational understanding of the proceeding. Therefore, it would be a violation of his due process rights to make him stand trial.
The mother appeals to the NH Supreme Court and argues that the allegation of a delinquent act should not be fatal to a CHINS petition if the child cannot form the required mens rea (guilty mind). The court disagreed, and stated that the plain language of the statute does not allow delinquent acts to be included in a CHINS petition. Further, under the Mother’s interpretation the child would have to prove his guilt with respect to the act in order to show the act should be excluded from the petition. This would be an absurd result and the legislature would not pass an act leading to an absurdity. Additionally, the court points out that the definition of a child in need of services supports their interpretation because the definition does not overlap with the definition of a delinquent.
Crusco Law Office Law Clerk Marisa L. Ulloa contributed to this post.
TAGS: CHINS, In Re James N, Juvenile Law, New Hampshire Supreme Court, RSA 169-B, RSA 169-D, delinquent child
Posted on October 21, 2008 by Kysa Crusco
The problem in this case is the child SHOULD HAVE been provided services under a Chins as he was suffering from ongoing hallucinations and had already been determined to be mentally disabled/mentally ill by the Social Security Administration. NH DHHS collected his SS money but failed to provide him with services!!!He was denied services under a Chin's and was instead called a Juvenile Delinquent, STILL NOT given any services, Still mentally ill AND his illness progressed further.
In Re James N. holds that delinquent acts cannot be the basis of a CHINS petition
The New Hampshire Supreme Court released In Re James N. on October 8, 2008 holding that the basis of a CHINS petition under the Child in Need of Services statute cannot be founded upon a delinquent act.
In 2007, the Mother filed a CHINS petition involving her 6 year old son James, who at the time was in DCYF’s custody. Mother alleged that he was a child in need of services for failing to obey the reasonable commands of his parent, guardian or custodian pursuant to RSA 169-D:2, II(b). The specific acts alleged in the petition were: threatening others with physical harm, threatening to set fire to a residence, harming his foster family’s dog, attempting to strangle his foster brother, head butting, biting, and placing glass “sharps” in others’ clothing.
At the hearing, James, joined by DCYF, moved to dismiss arguing that the alleged underlying facts are delinquent acts and may not be included in a CHINS petition. The court granted James’ motion finding that the petition failed because the acts alleged were delinquent acts.
The mother then filed four delinquency petitions alleging cruelty to animals, simple assault, and reckless conduct. James moved to dismiss arguing that a six-year old is presumed not to be competent to stand trial in delinquency proceedings and is presumed not to be capable of committing a crime due to his tender age. The court agreed with James and found that he could not consult with his attorney or have a rational understanding of the proceeding. Therefore, it would be a violation of his due process rights to make him stand trial.
The mother appeals to the NH Supreme Court and argues that the allegation of a delinquent act should not be fatal to a CHINS petition if the child cannot form the required mens rea (guilty mind). The court disagreed, and stated that the plain language of the statute does not allow delinquent acts to be included in a CHINS petition. Further, under the Mother’s interpretation the child would have to prove his guilt with respect to the act in order to show the act should be excluded from the petition. This would be an absurd result and the legislature would not pass an act leading to an absurdity. Additionally, the court points out that the definition of a child in need of services supports their interpretation because the definition does not overlap with the definition of a delinquent.
Crusco Law Office Law Clerk Marisa L. Ulloa contributed to this post.
TAGS: CHINS, In Re James N, Juvenile Law, New Hampshire Supreme Court, RSA 169-B, RSA 169-D, delinquent child
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