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Archive for the ‘Mental Health Issues’ Category

Mental Health Privatization Plan Could Harm Mentally Ill, Result in Lawsuits and Damage Claims

The Department of Children and Families plan to privatize mental health services has been called by one judge a “rush to privatization…that will harm Broward’s mentally ill” and mental health patients, and one that’s “going to take a bad system and make it even worse” by Broward Public Defender Howard Finkelstein. Worse still, attorneys and advocates believe it could result in harm, injuries, even avoidable, wrongful death — and personal injury lawsuits and damage claims.

The Sun-Sentinel wrote, “The privatization wave that has swept over so much of state government was supposed to come to Broward’s mental health administration by 2013. But budget cuts to Florida’s Department of Children & Families have prompted a speedup, with DCF now trying to hand off oversight duties to a private Miami-Dade-based outfit by Oct. 1.”

Read the entire story here.

Miami Herald: Suspension of Miami Doctor Lifted in Denis Maltez case

As reported by the Miami Herald, an appeals court has set aside the Department of Health’s emergency suspension of Miami psychiatrist Steven L. Kaplan, accused of over-prescribing anti-psychotic medication to an autistic child.

The boy, Denis Maltez, died in May 2007 at age 12. The medical examiner said he stopped breathing in part because of the heavy prescription drugs he was taking, but the psychiatrist disputes that.

The May 26 ruling by the First District Court of Appeal stayed the May 7 emergency suspension issued by Surgeon General Ana Viamonte Ros “pending a final disposition” of the case, records show. That can take months, and if the physician contests it, years.

According to child advocate and Broward County attorney Howard Talenfeld, who represented Denis’ mother, Martha Quesada, in a civil suit over the boy’s death, he had not heard about the appeals court ruling. In any event, the suit against Kaplan “is over,” Talenfeld said, indicating it has been settled.

Read the entire story here

Florida DCF Blasted By Task Force on Foster Child’s Suicide & Sex Abuse Issues

Florida’s child welfare system is taking heat for its handling of the care of Gabriel Myers, a 7-year-old Broward foster child who a task force says was inadequately treated for the sexual abuse he endured. The report also notes how the state failed to prevent Gabriel from sexually acting out against other children.

The South Florida Sun-Sentinel covered this story, writing how the Gabriel Myers Work Group, which was appointed by Department of Children & Families Secretary George Sheldon, investigated Gabriel’s April 16, 2009, death. The Miami Herald received a copy of the report, which it says “identified scores of shortcomings in the state’s care of the boy.”

Howard Talenfeld, President of statewide advocacy group Florida’s Children First, presented recommendations to the Gabriel Myer’s Commission on January 7, 2010 and many of his recommendation were incorporated into the Task Forces Final Recommendations. Click here to view his presentation to the Commission.

Florida Suspends Doctor Who Prescribed Psychotropic Meds, But Questions Linger

Florida’s Agency for Health Care Administration suspended the license of the doctor who prescribed a combination of three psychiatric drugs to 12 year old autistic child Dennis Maltez when he died of serotonin syndrome.

The Miami Herald wrote about the case in the article, “Florida suspends Miami psychiatrist in boy’s overdose death.” The paper noted that “red flags were overlooked in the 12-year-old’s prescription drug death, and how a second report blamed the system in the tragic case of 7-year-old Gabriel Myers’ suicide.”

State regulators wrote that Kaplan committed medical malpractice, and that he posed “an immediate, serious danger to the health, safely, or welfare of the public.”

The real question that has yet to be answered by the state of Florida is how many other physicians in the state of Florida who prescribe dangerous combinations of psychotropic medications to disabled persons and foster children which are paid for by the state’s Medicaid program will be allowed to ignore the letters and visits from the AHCA children’s pharmacy management program that red-flag these combinations of medications as potentially dangerous? How many more children like Denis Maltez and Gabriel Myers need to die before the state will do something?

Miami Herald Story: Red Flags Overlooked in Prescription Drug Death of 12-Year-Old Denis Maltez

A Miami Herald story this weekend – Red Flags Overlooked in Prescription Drug Death of 12-Year-Old – highlights the troubling and allegedly deadly use of psychotropic, prescription drugs on young patients in group homes. And it raises troubling questions.

As the Herald reporter wrote, “The death of 12-year-old Denis Maltez raises troubling questions about the state’s safety net for disabled kids. The Miami-Dade Medical Examiner’s Office attributed the death to a life-threatening side effect of over-medication.”

Attorney Howard Talenfeld urged healthcare and disability administrators in a letter to better protect disabled children, “who are powerless to protect themselves from being unnecessarily drugged for the convenience of staff. . . . Without proper oversight and action by your respective state agencies, these individuals will continue to be in harm’s way.”

Among the questions the Herald raised in Denis’ case: (more…)

Sun-Sentinel: Child’s Death Exposes a Big Problem in Foster-Care Reform

THE ISSUE: Child’s death exposes a big problem in foster-care reform.

Sun Sentinel Editorial Board

It wasn’t that long ago when the Florida Department of Children & Families was seen as a hapless bureaucracy. Whether it was their seeking to incarcerate an 8-year-old to ensure he received proper care, or simply losing youngsters supposedly under its care, it didn’t take much for DCF to make a mockery of its role in child welfare.

The good news is that DCF is no longer that troubled agency. Unfortunately, many of those problems that once bedeviled DCF now belong to those local nonprofits and government agencies that are under contract with the state to provide foster care and other child protective services. Thank community-based care for that. (more…)

Florida Department of Children and Families’ Role ‘Should’ be to Protect Foster Kids

By Brian J. Cabrey

As published as a letter to the editor in the South Florida Sun-Sentinel

The April 16 suicide death of 7-year-old Gabriel Myers, a foster child in the custody and care of the Florida Department of Children and Families, shocks the conscience. Gabriel apparently hung himself with the shower hose in the bathroom of his foster home in Margate.

The victim of sexual abuse, as well as other abuse and neglect that resulted in him being removed from his family and placed in foster care, Gabriel had been prescribed a variety of mind-altering psychotropic medications while in foster care to deal with the myriad behavioral problems he was experiencing, no doubt largely the result of the abuse he had suffered. Reports are that he was on three or four different drugs, or combinations thereof, at the time of his death.

What is almost as shocking to the conscience as a 7-year-old wanting to, knowing how to and actually committing suicide, is that a 7-year-old would be on not just one, but multiple psychotropic medications. Most such drugs have never been tested for pediatric use, and have not been FDA-approved for such use. Their prescription and use with kids is generally “off label,” meaning there are no approved instructions or guidelines for such use. (more…)

Florida DCF Releases Report on Psychotropic Drug Use in Foster Children

Department of Children and Families Secretary George Sheldon discussed the Department’s Psychotherapeutic Drug Status Report at a media conference this week.

The report was compiled by DCF staff at the request of Secretary Sheldon following the apparent suicide of 7-year-old Gabriel Myers on April 16 in Margate. (Access the Report Here)

Following a full review of Gabriel’s case files, officials determined that he had been prescribed several psychotropic drugs that had not been accurately reflected in the DCF database that contains case notes and histories of foster care children.

Additionally, there was no indication of a signed parental consent form or a court order authorizing the administration of the drugs, as required.

Among the findings: (more…)

Florida DCF Secretary Sheldon Convenes Psychotropics & Foster Kids Workgroup

Department of Children and Families (DCF) Secretary George H. Sheldon today announced that the Department is establishing a workgroup to determine the facts and circumstances surrounding the tragic death of 7-year-old Gabriel Myers. Gabriel died on April 16 when police indicated he apparently hanged himself in the shower of his foster parents’ Margate home.

At issue: The level of use of psychotropic and psycho-therapeutic medications among foster care children.


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  • Child Advocacy News

    - Las Vegas, Nevada - May 5, 2012 - National Center for Youth Law Wins Major Victory for Las Vegas Foster Children The National Center for Youth Law (NCYL) has won a major victory on behalf of foster children in Clark County (Las Vegas), Nevada. The Court of Appeals for the Ninth Circuit overturned a lower court's dismissal of the foster care reform case brought by NCYL on behalf of Clark County's abused and neglected children. The Appeals Court ruled that these children have a constitutional right to safety and adequate medical care. The Court also said that the county, and county and state officials, are liable if they fail to ensure that those constitutional rights are protected.

    - Tallahassee, Florida – May 5, 2012 - Florida DCF Blog, Social Media to Share Families’ Stories Florida's Department of Children and Families (DCF) is sharing the stories of families across the state with a new blog and Facebook page. Words from adoptive mother and TV personality Kim Parrish will be one of the first post on the blog. New media also will have custom tabs featuring DCF resources, such as how to apply for benefits and report abuse to the state hotline, that can be automatically installed on any Facebook business page.

    - News-Press – Tallahassee, Florida – May 7, 2012 - Florida Department of Children and Families to Use Report-Card System to Monitor Foster Kids Florida DCF is taking steps to reduce the number of youth in foster care who wind up without an education by requiring report cards – not on how the kids are doing in history and English, but on whether they're in a stable situation that enhances their.

    - News-Press – Fort Myers, Florida – May 5, 2012 - Parents Addicted to Pills Leave Kids on DCF Radar Pills are a scourge to Florida kids. The number of children under DCF supervision is at its highest in two years despite a push to keep families out of the system. Prescription painkillers are largely to blame, said child welfare leaders. They have seen addictions to drugs like oxycodone deepen in the past year and numb many residents’ ability to be watchful, nurturing parents. Parents are relapsing and spending money on drugs instead of food and clothes for their children.

    - Tallahassee, Florida – May 1, 2012 - Florida DCF celebrates Mental Health Awareness Month Listen to a happy song to release stress. Replace your snack food with healthy “brain” food. Do a crossword puzzle to improve critical thinking. These tips and more are part of the Florida Department of Children and Families celebration of Mental Health Awareness Month in May. Starting May 1, events around the state will help bring awareness to a healthy mind and body and to positive outcomes for those with mental illnesses.

    - St. Augustine Record – St. Augustine, Florida – April 13, 2012 - Man Facing Child Sex Charges Ruled Incompetent A man accused of sex crimes against two children won’t go to trial, at least not in the near future. David Lavern Stratton Jr., 36, was placed into the care of the Department of Children and Families on Thursday after a mental health evaluation found him incompetent to stand trial.

    - Naked Politics / Miami Herald – Miami, Florida – March 29, 2012 - Scott Expands Role of DCF Secretary to be Head of 'State Operations' As if being head of the Department of Children and Families weren't enough, Gov. Rick Scott today appointed David Wilkins to a new role as Florida’s Chief Operating Officer for Government Operations. According to a statement from the governor's office, Wilkins "will serve in this role in addition to his role as Secretary of the Department of Children and Families.''

    - News Press – Fort Myers, Florida – March 27, 2012 - DCF was Investigating Family of Slain North Fort Myers Infant At the time an 8-week-old baby was allegedly killed by her father in their North Fort Myers home, the state Department of Children and Families was already investigating the family.

    - Miami Herald – Miami, Florida – March 7, 2012 - Judge Ends Visits Between Alleged Molester and Daughter, 4 A teenage foster kid at a child welfare office saw in chilling detail what a state social worker did not: A father, during a supervised visit with his daughter, wrapping his hands around the 4-year-old’s neck as he pushed her face toward his groin. “That’s when [the 4-year-old] screamed,” the foster child told an investigator.

    - Miami Herald – Miami, Florida – March 3, 2012 - Wife of ‘Monster’ Dad Jailed in Son’s Stabbing Death A mom whose sons were returned to her and her husband despite reports they were abused was charged in the killing of one of the boys.

    - Miami Herald – North Miami Beach, Florida – March 2, 2012 (WSVN) - Florida DCF Releases Documents in Child Neglect Case Child welfare officials released hundreds of pages of documents involving the case of a boy who was found wandering the streets, naked and starving. The Department of Children and Families released over 700 pages on Thursday that drew few, if any, conclusions as to why a 9-year-old boy was found malnourished and bruised in the street in January.

    - Miami Herald – Miami, Florida – December 30, 2011 - Barahona Judge’s Efforts to Ferret Out Leaks Detailed Court records released to The Herald document a judge’s efforts to identify lawyers or child welfare administrators she suspected of leaking secret material to the newspaper.

    - Miami Herald – Miami, Florida – December 17, 2011 - South Florida Charter Schools Admit Few Special Needs Children From South Dade to the northern reaches of Broward County, only a handful of students with profound disabilities make it into charter schools, according to a Miami Herald / State Impact Florida analysis of student enrollment data. The trend holds true across the state, where 87 percent of charter schools don’t serve any students with the most intense support needs.

    - Associated Press – State College, Pennsylvania – December 16, 2011 - Penn. Deputy Attorney General Cites PSU 'Inaction' A graduate student waited a day after allegedly seeing a child being sexually assaulted on Penn State's campus before telling his supervisor, football coach Joe Paterno. Paterno waited another day before calling the university's athletic director, who looped in a school vice president. "I think it's a sad, sad, sad day, when you think about all of these victims, and you saw the inaction by a number of supposedly important, responsible adults. And there's a lot of inaction in this case," Marc Costanzo, a senior deputy attorney general, said after the preliminary hearing.

    - USAToday – State College, Pennsylvania – December 13, 2011 - Penn State Coach Jerry Sandusky Waives Right to Hearing, Will Face Accusers Former Penn State assistant coach Jerry Sandusky waived his right to a preliminary hearing today, sending the case directly to trial at a later date.

    - Palm Beach Post – Miami, Florida – December 9, 2011 - Barahona Records: Neighbor Says Jorge Barahona Was 'Super Paranoid' Jorge Barahona was given to paranoia and fears of conspiracies around him that he expressed to a neighbor, according to investigative materials released this week by the Miami-Dade State Attorney’s office, fears that may have led him to murder his adopted daughter and almost kill her brother, Victor.

    - The Miami Herald – Miami, Florida – December 9, 2011 - Pleas by Nubia Barahona’s Family Went Unheeded — Until It Was Too Late Relatives of Nubia and Victor Barahona were convinced that the children were being abused by their adoptive father. But they couldn’t get anyone to listen. Nubia Barahona, 10, was found dead in the back of her adoptive father's pickup truck in Broward on Valentines Day.

    - Associated Press – State College, Pennsylvania – December 8, 2011 - Ex-Penn State Coach Sandusky Jailed on New Child Sex Abuse Charges Based on 2 New Accusers Former Penn State University assistant coach Jerry Sandusky spent Wednesday night behind bars after new child sex abuse charges were filed against him based on the claims of two new accusers, including one who says he screamed in vain for help while Sandusky attacked him in a basement bedroom.

    - Gainesville.com – Plant City, Florida – Mentally Disabled Man Forced to Stand on Ant Hill A 21-year-old worker at a group home was arrested, and the facility where he worked was later shut down after authorities said he forced a mentally disabled man to stand barefoot on fire ant hills as punishment for stealing money. Florida MENTOR's Ike Smith Group Home's license has been suspended. Florida MENTOR continues to operate other facilities throughout the state. The Department of Children and Families and the Agency for Persons with Disabilities are investigating.

    - Orlando Sentinel – Orlando, Florida – December 3, 2011 - Orlando Mom Was Foster Parent to Hundreds of Kids Dorothy Pearl Johnson didn't have children of her own. However, as a foster parent for four decades, she mothered about 400 children. Johnson, 87, continued to nurture children until a few months ago, when her failing health forced her to stop. After battling leukemia, she died on Tuesday in the home on Trentonian Court where she had cared for hundreds of children as if they were her own.

    - New York Times – New York – November 22, 2011 - Drugs Used for Psychotics Go to Youths in Foster Care Foster children are being prescribed cocktails of powerful antipsychosis drugs just as frequently as some of the most mentally disabled youngsters on Medicaid, a new study suggests.

    - USAToday – State College, Pennsylvania – November 16, 2011 - Penn State Case Presses Others to Tighten Abuse Laws Lawmakers and university officials across the USA are moving quickly to tighten up rules on who must report sexual abuse on campus in the wake of the Penn State scandal.

    Reuters – State College, Pennsylvania – November 13, 2011 - A Long History in Penn State Child Abuse Case It will not be so easy to wipe out the stain on Penn State's reputation from the alleged abuse and what critics see as a cover-up by university officials who were told that Sandusky was seen raping a young boy in a shower in 2002. The case has drawn comparisons to the child abuse scandals that rocked the Catholic Church, whose top officials are also accused of covering up child abuse over decades.

    Forbes – State College, Pennsylvania – November 11, 2011 - Conrad Murray, Penn State and Why the Powerful Enable Evil After Dr. Conrad Murray was found guilty of involuntary manslaughter in the death of Michael Jackson, the blogosphere, rightly, called him an enabler in a long line of celebrity enablers. Allegations that Penn State defensive coordinator Jerry Sandusky raped a pre-teen boy in the college shower seem less shocking than the nauseating cover-up that follows.

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