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On Psychiatry
and Child Protective Services in the United States: Fred Baughman, Jr., MD
John Breeding, PhD
The mission of the US Dept of Health and Human Services, Administration
for Children and Families, has always been some notion of protecting our
nation’s children from abuse and neglect. The federal state, as parens
patriae, has gradually come to embrace, through evolution of our moral
code and attendant law concerning the rights of children, its duty to
assure these children’s rights. Each of these United States has an agency
anointed to fulfill this mission, commonly known as Child Protective
Services (CPS). At one pomt during a meeting of “interested parties” to discuss a CPS reform bill this year in the Texas legislature, the CPS legal counsel clarified for someone who thought that it might help to have a police officer act in concert with a CPS worker in certain situations, “CPS IS THE LAW.” Child Protective Services acts with the authority of law. So just as with the importance of oversight and monitoring to ensure that needed police services do not go over that slippery slope into experiences of violation of civil liberties or police brutality, so is oversight and monitoring of Child Protective Services necessary. Many think that state Child Protective Services have evolved into rogue agencies. This article will briefly mention the general practices of overzealous intervention which have resulted in this charge being levelled at CPS. The main purpose of this essay, however, is to discuss a very specific concern. We believe that CPS agencies are doing consistent grievous harm to children and families, beyond the general dynamics of overzealous interention. We believe that many thousands of families are being threatened, coerced and broken, not only for possible physical and sexual abuse, but for reasons having to do with the enforcement of the pseudoscientific beliefs and attendant tragic and dangerous practices of our nation’s mental health system. The power of the state is enforcing the false beliefs and dictates of biological psychiatry, pressuring, coercing and breaking up the families of parents who reject the psychiatric diagnoses and psychotropic drugs for their children. Furthermore, the state, through CPS and foster care, is wreaking havoc on the children who it is supposed to be removing from harm’s way and making safe by systematically placing them on toxic, dangerous, addictive drugs. We will provide general background and specific examples to illustrate our assertion. First, however, a very brief history of Child Protective Services. History The
history of foster care as child protection is quite recent, expanding into
its modern core component as a result of a law passed by Congress in 1961.
As the National Coalition for Child Protection Reform (NCCPR) points out
in a Child Welfare Timeline on their website (www.nccpr.org), this law
allowed AFDC payments to follow a child into foster care. As such payments
were previously made only to children in their own homes, this made foster
care much cheaper for states and localities. This shift in funding
facilitated a rapid growth in foster care. Another effect, perhaps
unintended, was to undermine any emphasis on family preservation and
restoration. By the late 1970s the number of children in foster care had
reached 503,000. In 1980, Congress passed one of the last initiatives of
the Carter Administration, the Adoption Assistance and Child Welfare Act
of 1980. The law worked so well that within a few years, this first
federal effort to deal with foster care by encouraging
permanence—including, but not restricted to keeping families together—cut
the foster care population by more than half to 243,000.
As the NCCPR timeline clearly reveals, this tension between placing
children out of the home and preserving and restoring the family has
proven to be the decisive struggle in Child Protection. As a result of
decisions made during the Presidencies of Reagan and the senior Bush,
undermining of support for family preservation and strengthening of
incentives for foster care placement effectively reversed the trend just
described. The result is that as of September 2001, we have an estimated
542,000 children in foster care. The rate has continued to grow despite a
decrease in statistics reporting incidence of crime and child abuse. NCCPR
position paper # 5, “Who Is In The System—And Why,” reports 2001 U.S.
Department of Health and Human Services data that, “Out of every 100
children investigated as possible victims of abuse, six are
‘substantiated’ victims of all forms of physical abuse, from the most
minor to the most severe, about three more are victims of sexual abuse.
Many of the rest are false allegations or cases in which a family's
poverty has been confused with neglect.”
The Adoption Assistance and Child Welfare Act was not repealed, but its
intent has been destroyed. CPS still offers rhetoric emphasizing family
restoration as central to its mission, but practice across the country
shows that it is very clearly not a priority—so much so that there is now
a growing public outcry and outrage. Victims and critics report that the
CPS structure is set up as preemptive, adversarial and denying of even
minimal protections and safeguards for families. They say that CPS
agencies do little if anything to support the possibility and reality of
family preservation and restoration. A host of activist groups are
challenging CPS. Perhaps the clearest and most thorough work detailing the
structural and practical problems of CPS is being done by the National
Coalition of Child Protection Reform, led by Attorney Richard Wexler (http://www.nccpr.org/).
Consider that the CPS agencies in four of our nation’s largest
population states are being investigated as evidence of this crisis in
Child Protection.
FLORIDA
Richard Wexler reports Florida Department of Child and Family Services
data that there were only 8,467 foster children at the end of Fiscal Year
1998, rising to 10,431 a year later. By January 2000, the figure already
had risen to 13,862. The 2001 figure is between 15,000 and 18,000. Over 3
years, the increase is between 75 percent and 112 percent. NCCPR
attributes this dramatic increase to a phenomenon dubbed “Child Abuse
Panic,’ whereby whenever a child is killed who CPS was aware of but not
able to intervene, there results a panicked, zealous going after children.
The resultant situation in Florida has been horrendous. (http://www.nccpr.org/reports/lengtheningshadow.htm).
The system is overwhelmed, and children in foster care are being hurt and
neglected in many ways. The state is reeling as more and more of the
abuses are being revealed. Here are just a few of the results described in
the NCCPR report on Florida:
Wendy McElroy of Fox News (Tuesday, October 14, 2003) reports that “The
California child welfare system is such a disaster that even the state's
Department of Social Services admits families are aggressively torn apart
and children unnecessarily placed in foster care.” The agency director,
Rita Saenz, is quoted in a Sept. 25 press release as saying that, "The
original vision for supporting and healing families through the child
welfare system has deteriorated into an adversarial and coercive
approach." McElroy reports: “The result is that in L.A. County alone, more
than 160,000 children ‘came into contact’ with Child Welfare in 2002;
30,000 are in foster homes—only one form of foster care. David Sanders,
head of the L.A. County Department of Children and Family Services,
reports that as many as half of those foster children could have stayed at
home with ‘appropriate services’ rather than removal. Thus, an L.A. Daily
News headline declared that children are being ‘rushed into foster care,’
where many remain.” Due to legal intervention, led in part by lawyers from
the Bazelon Center for Mental Health Law (http://www.bazelon.org/newsroom/3-17-03katiea.htm),
an attempt at sweeping reforms is underway.
TEXAS
In the Spring of 2003, one of us witnessed a legislative hearing in
Texas, during consideration of a major reform bill for CPS. Though the
bill did not pass, many parents told stories of abuse and coercion; the
hearing was a scathing indictment that CPS was out of control in a way
very similar to the manner in which Rita Saenz described her California
agency above. On the financial side, consider the October 19, 2003, report
by Doug Swanson in the Dallas Morning News. He revealed the most recent
foster care scandal, regarding a group called Daystar, which appears to be
amassing huge profits while providing very inadequate care for children.
The state Department of Protective and Regulatory Services oversight and
monitoring of this foster care situation reveals a very problematic
pattern. State Representative Suzanna Gratia Hupp is quoted in the
article, as saying simply “There’s no accountability.” What is very clear
is that the money flows are huge: Daystar received 3.5 million dollars
from the state of Texas last year, and 3.9 million from California. The
Texas Comptroller of Public Accounts, Carole Strayhorn, is now conducting
a Review of the Texas Department of Protective and Regulatory Services.
This should be a very interesting investigation. As Swanson reported, the
state of Texas pays treatment centers as much as $101,105 a year per
child.
This last piece of data is the key to understanding the shift toward
placing ever more children in foster care, and less and less emphasis on
family preservation and restoration. Observers of this trend attribute it
to the fact that a county will only continue to receive funding for the
period it keeps the child in its care. In various states, there is a
"perverse financial incentive" to place and retain children in foster care
rather than leave them in the home. Incentives are set up for maximum
intervention. NCCPR issue paper # 5 informs us that, “The National
Commission on Children found that children often are removed from their
families ‘prematurely or unnecessarily’ because federal aid formulas give
states ‘a strong financial incentive’ to do so rather than provide
services to keep families together.”
Child Protective Services and Psychiatry
There is one more very significant piece to this ugly puzzle of child
protection turned family destruction and state havoc and unaccountability.
It is not limited to the domain of child protection, but it certainly
saturates that field. By definition, children taken under state care are
having a hard time, or will be as soon as they are separated from family.
In the United States today, young people in trouble are mostly
characterized in one simple way. They are considered to be “mentally
ill”—emotionally disturbed, suffering from some sort of psychiatric
disorder like ADHD or conduct disorder, or depression, or bipolar
disorder, or any of a host of other diagnoses. And since our mental health
system of institutionalized psychiatry believes that mental illness is
biologically or genetically based, the solution of using powerful
psychotropic drugs to “treat” these mental illnesses is called the
practice of medicine.
We are observing that a very high percentage of children in foster care
are placed on psychiatric drugs. It is hard to get the precise data
because it has not been routinely collected, but here is a glimpse from
two of our more populous states.
FLORIDA
The Miami Herald (Carol Miller, 9-17-02) reports that the Florida
Statewide Advocacy Council (an arm of the Department of Children and
Families) conducted a two-year investigation of 1,180 foster children. The
Council's report
month) found that more than 50% of the children—including 17
preschoolers—were on psychiatric drugs that had not been approved by the
FDA as safe for children. Incredibly, 44% of these mostly Medicaid
children had not been seen by a doctor, and 59 children had no diagnosis,
while another 143 children had a diagnosis described as “other.''
NEW YORK
New York is one more state whose child protective services are in
disarray and controversy. Their agency, called Administration for
Children’s Services (ACS) has recently undergone a state audit. Doug
Montero (New York Post, 4-22-01) reports that ACS (apparently like all
states) doesn’t know how many of its children are on psychiatric drugs.
Nevertheless, also like other states, complaints arise on a regular basis.
Montero writes that a state audit of 401 randomly selected children found
that more than half were being treated for “mental problems.” In today’s
mental health climate, that almost always means drugs. Again, according to
Montero, advocates say that the rate of psychiatric drug treatment for
foster children is closer to 90%.
Where data is reported, we get rates of over 50% of children in foster
care on psychiatric drugs. Many think the actual incidence is considerably
higher than 50%. Considering that a pretty good estimate of the incidence
of psychiatric drug use in the overall school age population in the United
States is about 8,000,000 children, which is approximately 15% of our
children, these rates are not so surprising (Breeding, 2000). The numbers
are shocking, nevertheless, especially when one confronts the indisputable
truth that there is no scientific evidence that allows for an objective
test of a specific physical or chemical abnormality for any of these
alleged psychiatric illnesses. As one example of the truth of this
assertion, the NIH Consensus Conference Report (November 18, 1998) on the
most popular of child psychiatric diagnoses concluded that, “...we do not
have an independent, valid test for ADHD, and there are no data to
indicate that ADHD is due to a brain malfunction." Incredibly, the
involvement of psychiatry and foster care goes beyond the ubiquitous
presence of psychiatric labels and drugs for our children. To truly
understand the depth of the entanglement, it is necessary to address the
concept of custody relinquishment.
Custody Relinquishment
Custody Relinquishment refers to the situation whereby a parent
“voluntarily” relinquishes or turns over the custody of a child to the
state. One would think that a parent’s decision to voluntarily give up a
child would be extremely rare, occurring only under severe hardship and
duress. According to a report in Clinical Psychiatry News (May 2000),
however, it is actually quite common, supposedly because gaining access to
mental health care for children is so difficult that parents give up
custody to ensure care. The Bazelon Center for Mental Health reports,
“Approximately 2-4.1 million children, aged 9-17 years have a serious
mental or emotional disorder. Last year, 23% of parents of children with
behavioral disorders were told that they needed to relinquish custody to
obtain intensive mental health services of their children; 20% actually
gave up custody.” (italics ours)
Two years later, the same newsletter (Clinical Psychiatry News, June
2003) reported that, “Thousands of US families have been forced to choose
between obtaining mental health services and relinquishing custody of
their children with mental or emotional disorders, according to a new
report by the General Accounting Office. The GAO estimated that in fiscal
year 2001, 12,700 children in 19 states and 30 counties were placed into
the child welfare or juvenile justice systems so they could receive mental
health services. This understates the extent of the problem, since
officials of 32 states did not provide the GAO with data.”
This second report says “thousands of US families” while the earlier
one said that “approximately 2.1-4.1 million children” have a serious
psychiatric disorder, and that 23% of these parents “were told that they
needed to relinquish custody to obtain intensive mental health services
for their children; 20% actually gave up custody.” At the time, then, .483
million to .82 million were told they needed to relinquish custody and
relinquished custody. This suggests that hundreds of thousands to a
million or more U. S. families have been told they should relinquish
custody, and many have done so.
Informed Consent
The term relinquishment implies voluntary action on the part of the
parents, with informed consent and understanding of the facts of the
situation. These assumptions cannot actually be met for a number of
reasons, having to do both with the structure of Child Protective
Services, and with the “customary and usual” practice of child psychiatry.
The structure of Child Protective Services is such that parents are on the
defensive. We repeat the quote cited above from California child welfare
director, Rita Saenz said, "The original vision for supporting and healing
families through the child welfare system has deteriorated into an
adversarial and coercive approach." There is good reason to be distrustful
of any nice sounding rhetoric of voluntariness.
An even greater threat to the family, however, is the flawed
assumptions and dangerous practices of psychiatry. The psychiatric
industry makes two basic claims, both of which are completely unproven.
They claim (1) that children with the likes of Attention Deficit Disorder,
Conduct Disorder, Obsessive Compulsive Disorder, Bipolar Disorder,
Oppositional Defiant Disorder—DSM psychiatric diagnoses—have actual
diseases. They claim (2) that these “diseases” require necessary
“treatment,” (i.e., psychiatrists and drugs.) Further, they claim that if
parents cannot afford such necessary treatment, and if such treatment can
only be gotten for the child by a government or government-affiliated
payer scheme (such as Medicaid) that requires that the child be a ward of
the state, then the only responsible thing for the simply-biologic parent
to do, would be to relinquish custody. Such action puts the payer on line
to reimburse those who utilized the billing bible of psychiatry—the
DSM—and who prescribe the psychopharmaceutical “medicines”.
We have written in detail elsewhere about informed consent and the
psychiatric drugging of children (Breeding & Baughman, 2001,
2003)—about the denial and minimization of harmful effects of psychotropic
drugs, about the inadequacy and bias of FDA drug testing, and about the
real dynamics of pragmatics and power that drive the engine of psychiatry.
The biggest violation, however, remains the lie that occurs every time a
parent is told their child has an actual disease (or its euphemistic
equivalents like disorder). In order to clearly understand how informed
consent is systematically violated, one must be fully aware, regarding
psychiatry and psychopharmaceuticals, that were it not for presumption of
“diseases” (for which there exists today no scientific evidence in the
form of an objective indicator validated in the scientific literature),
there could be no medical psychiatry. Instead, we would be speaking only
of normal human beings and of their humane care and nurturing. Without the
presumption of disease, we would be talking of a tyrannical state
kidnapping children and drugging those normal children. Following are
several examples of this phenomenon:
CASES
Although coercion of families to drug their children is happening all
over the country, we will begin this section with the stories of four New
York families that can attest to the fact that parents are increasingly
being accused of child abuse or neglect and threatened with removal of
their child from the home if they refuse to give their child prescribed
psychiatric drugs. Jill and Michael Carroll were concerned that their son,
Kyle, was sleeping only five hours a night and eating only one meal a day.
So they told school officials they wanted to take Kyle off the Ritalin for
two weeks to see if that helped. Sounds reasonable, but that's when they
got a call, and then a visit, from a Child Protective Services worker,
based on a complaint from Kyle's school guidance counselor. The charge was
“Child Abuse," in the form of "medical neglect." The Albany Times Union
(May 7, 2000) reported that the Carrolls were placed on a statewide list
of alleged child abusers, and found themselves "thrust into an Orwellian
family court battle to clear their name and ensure their child isn't
removed from their home." Two months later (July 19) the Albany paper made
it clear that the court had ordered the Carrolls to resume giving their
7-year old son Ritalin. The county Department of Social Services, which
had filed child abuse charges on grounds of medical neglect, dropped the
charges when the Carrolls agreed to put Michael back on the drug. In
another case the next year, Tammy Kubiak of Buffalo, New York, lost
custody of her 12-year-old son for taking him off of three psychiatric
drugs which she reports were making him “zombie-like.” The court took
custody of her son based on the allegation she is incompetent because she
rejected the existence of ADHD and oppositional defiance disorder (ODD) as
actual diseases. She subsequently lost all of her children to the State.
The third story of New York parents being threatened and coerced by
Child Protective Services and the courts was reported on MSNBC on (August
23rd, 2003) : “When Patricia Weathers decided to take her son off Ritalin,
school officials dismissed him from school and called Child Protective
Services to investigate her family for medical neglect and truancy.” The
article goes on to validate the fact that, “she is not alone. A growing
number of parents are finding themselves pressured by teachers and
administrators to keep their children medicated or keep them out of the
school.” The Weathers agreed to put their son, Michael, on “medication;”
he was on Dexedrine and Paxil. When Michael began experiencing
hallucinations from the Paxil, a drug that has been recalled in Ireland,
banned in the United Kingdom, and banned for under age 18 in Connecticut,
they took him off of that. The school continued to insist that Michael be
kept on the Dexedrine, but the Weathers consulted with Dr. Mary Ann Block,
author of No More Ritalin, and a physician who helps many families get
their children off psychiatric drugs. They discovered their son was anemic
and had certain allergies. They told school officials that they were no
longer going to medicate their son, and the school called CPS. A full
investigation was launched, but the Weather’s documented material from Dr.
Block was enough to back them off. On July 2, 2003, United States Federal
Judge of the Southern District of New York, Judge William Conner, ruled
that the Weathers’ lawsuit against the schools and the doctors will be
heard in federal court (see Doug Montero, New York Post, 8-7-02).
The story of Cindy Gallagher and her son, Daniel also begins in New
York. The first part of her story is quite similar to that of the others.
It was a variation on the theme of schools pressuring a parent to label
and drug a child, and calling in Child Protective Services on accusations
of medical neglect when the parent resists or refuses. In Cindy
Gallagher’s case, she took her children out of New York and started
homeschooling Daniel. According to Ms. Gallagher, “he not only blossomed,
but started to become a joy to have around, easy to handle, and a normal
child.” Would that the story would go on in such a happy way. In a March
27, 2003 note to Dr. Baughman, however, she reports the following:
“Last Thursday, sir, I took my boys back to New York to visit their
sister, and the law guardian demanded I leave my sons in New York pending
a psychiatric revue and medication of my son. Even though I proved that I
was providing my son with homeschooling and working with the Roanoke
School systems for Daniel, the law guardian refused to listen, stating I
was an unfit mother, endangering Daniel's psychiatric welfare by not
drugging him and having him in counseling with a psychiatrist.
“Sir, there is nothing wrong with my son. He was a victim of brain
damage and needed a different kind of teaching, that's all. He is a JOY to
have around now, yet New York Child Protective and the law guardian
snatched my boys from me and gave sole custody to their abusive father
who's already crying uncle and begging me to take them back. The law
guardian, Frank Filetto, refuses to allow my sons to come home to Roanoke
where they are happy, healthy, fed, clothed, and under excellent care. My
heart is completely broken now, I've fought this school system and Child
Protective for five years. IS THERE ANYTHING you can do to help me? I KNOW
my son is NOT a psychiatric patient, he's NOT in need of psychiatric care
or medications. He simply needed boundaries that we gave him. Surely there
must be a law that is on the side of the parents? Surely a law guardian
cannot have that much pull to keep children away from a mother who doesn't
beat them, mistreat them and wants nothing to do with medications, and has
proven her child is not in need of it? “
It is very clear from these cases that failure to accept psychiatric
labeling and drugging of your child will be called "negligent" and very
possibly lead to loss of custody of your child, or---as with Tammie Marie
Kubiac of Buffalo, NY—all of your children. This is our government and
courts at all levels. We believe it is clearly driven by the economics of
Big Pharma (see references). There are very many more stories we could
share of parents who have been coerced to drug their children, and of
families broken up when parents refuse to drug their children. The story
of Diane Booth and her son, Vincent, is one of the worst.
This story has been previously published in the March 26, 2003
Education News (http://www.educationnews.org/JUDICIA-PSYCHIATRIC-RAPE-OF-U-S-CHILDREN-FAMILIES.htm).
Diane Booth
The ordeal of Vincent Booth and his mother, Diane, began as it almost
always does, in every school district in the US—with teachers diagnosing
ADHD, presently the number one “disease” in the country. Teachers from the
Sunnyvale School District decided not only that 6-year-old Vincent had
ADHD, but that he needed Ritalin as well. Not only did teachers, never
having been to medical school, make the diagnosis, they presumed it was
their right, duty, and competence, as well, to designate the medication he
needed—in this case, an addictive, dangerous, sometimes lethal
medication—Ritalin. When Diane, the natural, legal, mother rejected their
diagnosis and treatment, they called in Child Protective Services, and
pronounced her “negligent.” By order of the juvenile court, they made
Vincent a ward of the State of California (case # JD 1110),
institutionalized, diagnosed, and drugged him. Vincent was six years old,
and, up to that point, healthy and normal.
Vincent was held at the Eastfield Ming Quong, a locked, children's
holding facility at one time used to force social services on California's
Chinese immigrant children. Placed on Ritalin, Vincent developed
tics—involuntary movements—a complication of Ritalin, never witnessed in
him previously. He also had bruises and bumps—signs of physical abuse.
Diane complained, but to no avail. Next, she took matters into her own
hands. In desperation, and at her son's request, she fled to Canada with
him on July 5, 2000, and applied for refugee status. Two months later the
FBI apprehended them in British Columbia and tore Vincent from her side
while he screamed for help that his mother wasn't allowed to give him. For
the past 2 _ years Vincent has been a child of the State of California,
held at the Eastfield Ming Quong, getting treatment for the multiple
“diseases” psychiatry says he has with the multiple drugs psychiatry says
he needs.
Throughout the 2 _ years no member of Diane’s family was allowed to
have contact with Vincent, and Diane remained a fugitive until she tired
of life on the run and turned herself in to authorities in Okanagan,
Washington, in January, 2003. Diane has since been extradited to Santa
Clara County where she has been unable to make bail and remains
incarcerated at the Elmwood Correctional Center for Women. While the FBI
has seen fit to drop all charges against her, Santa Clara County, not
wishing to be charged themselves, still presses felony, child endangerment
and child stealing charges against her, that could result in up to 8 years
in prison—all of it, mind you, for loving and her only child, her normal
son, Vincent.
Diane began to correspond with Dr. Baughman through his web site,
www.adhdfraud.com, about two years ago when she was still in Canada,
seeking refugee status there. Based on her description of events (a
scenario repeated in every school, in every state, every single day) and
medical records, there is no doubt that Vincent was a medically,
neurologically normal child at the time psychiatric diagnosing and
labeling began, and until the always-injurious, psychiatric drugging
began. Vincent’s psychiatric incarceration, ordered by his new “parent,”
Judge Leonard P. Edwards (parens patriae), assured it would always be
thus.
In the summer of 2002, his diagnoses—all psychiatric, not actual
diseases, were Post Traumatic Stress Disorder (DSM-IV 309.81),
Oppositional Defiant Disorder (313.81) with Generalized Anxiety Disorder
(300.82), ADHD, and episodic enuresis (314.01). As is usual in psychiatry,
not only did Vincent have multiple “diseases,” but he was administered
multiple psychiatric medications as well—each known to be brain damaging,
none known to target a proven brain abnormality/disease. They were Buspar,
Zoloft and Respirdal, an antipsychotic—an especially potent brain poison
toxin. As of June, 2002 Vincent was said to display “tics (author’s note:
probably a persisting side effect of Ritalin, but Respirdal commonly
causes involuntary movements, as well, known as tardive dyskinesias),
severe anxiety, fearfulness, impulsivity, hyper-vigilance, poor
adult-child relationships, tantrums and aggression toward staff and
peers.” Furthermore, a case manager wrote: “Vincent is socially immature
and often functions in a regressed, primitive, unsociable manner,
sometimes at a 2 or 3 year level.” What if Vincent had been normal and
free, living in the protective, loving care of his natural mother, Diane?
What if he had been allowed to be the normal child he was, not imprisoned
and drugged—a psychiatric patient-in-perpetuity?
To illustrate the difficulty in challenging this coercive system,
consider the following.
On December 10, 2002, before Diane’s desperate return to the US,
Baughman wrote to Judge Edwards:
“ Having said to parents or authorities with jurisdiction over a child
(parens patriae) that ADHD is a disease; one requiring medication, without
which the child's health and life are at risk, abrogates the informed
consent rights of this child and his mother, and, in fact, the informed
consent rights of the judge/court adjudicating this case. For it's part,
the judge/court had a duty to ascertain not just the prevailing practice
in the community, but the state of the science concerning so-called ADHD,
before enforcing dangerous, addictive, medications and separating
physically normal children from their natural parents. What was done to
this child in 1999, and is still being done, in Santa Clara County, in the
State of California in the name of psychiatric "treatment" has been
nothing but psychologically and physically damaging. …All treatments for
diagnoses not those of real, verifiable, diseases, should be …withdrawn.
At the same time…Vincent should be returned to his mother… who has shown
no inability to care for him and make responsible health care
decisions…All physicians and professionals who have misrepresented the
true nature of ADHD and any other psychiatric "diseases" to this parent
and child (Diane and Vincent Booth) and to yourself, having had parens
patriae responsibility for Vincent, should be reported to the Medical
Board of California for having …abrogated their rights to informed
consent; this being tantamount, in the instance of physicians to medical
malpractice; and in the instance of educational personnel and other
non-physicians (psychologists) to the practice of medicine without a
license.”
Baughman ended his letter thus: “Do not hesitate to contact me if I can
be of any further help to you in this or related matters.”
Judge Edwards did not reply.
Therefore, Baughman wrote to him a second time, February 6, 2003,
making both letters to him the substance of a State of California,
“Suspected Child Abuse Report” charging not that Diane Booth was guilty of
abusing her son, Vincent, but that Santa Clara County and the State of
California and all their agents and agencies were. Baughman wrote:
“ From 1970 to the present, the US Congress has sequentially held
hearings and passed laws that have legitimized calling
psychological/psychiatric/mental symptoms—diseases—when they are not,
resulting in the needless medicalization of the lives of 8-10 million US
children—Vincent Booth just one of them. In all of these hearings, our
Congressmen heard testimony from members of the American Psychiatric
Association, the American Academy of Child and Adolescent Psychiatry, the
NIH, NIMH, and NIDA and chose to believe their every incredible,
anti-scientific, claim that psychiatric/psychological/mental conditions
were medical/physical/organic abnormalities--actual diseases. Never once
in all of these 32 years did they looked beyond the incredible claim for
physical proof, as surely they would do, were it there own child, in the
privacy of their own physician’s office.… Vincent, his mother and her
family…are just one of the six or so million ADHD patients in the US who
have been lead by mainstream psychiatry, pediatrics and medicine, to
believe that ADHD is an actual disease, a life-long disease, one for which
they absolutely must be treated with one psycho stimulant or another. Like
all the rest, Vincent, his mother and family are victims-still of what is
the greatest health care fraud of modern history. I truly hope that some
court will see and acknowledge the terrible wrongs and injuries done here
and summarily free Vincent and his mother and reconcile them. The damage
done can never be undone but at least this will be a start.”
Again, there has been no response from Judge Edwards. Nor has the
“SUSPECTED CHILD ABUSE REPORT” been acknowledged. Neither has the
declaration on behalf of Diane Booth (BOOKING# 03007942, PFN# DPN183, P.O.
Box 60910, Elmwood Correctional Center for Women, Milpitas, CA) submitted
to the court, been accepted by the court.
So we have a neurologically normal child, now on several dangerous,
damaging drugs for a long time, and torn away from his mother. And we have
a mother in jail for her effort to defend her son—all in the name of child
protection.
The pattern has become tragically familiar—families unnecessarily
broken, children suppressed and neurologically damaged by psychotropic
drugs, addicted, and more seriously disturbed than when CPS became
involved. The CPS mission of family restoration is left in forsaken
shambles.
A Texas Case
Consider the case of Evan, for which one of us (Breeding) is now acting
as the family psychologist. He was removed from his mother, Mary, in the
summer of 2001, along with his brother, Ricky, on charges of neglect. The
CPS argument is highly debatable, and it was highly debated as Mary found
a lawyer who helped them. We are not discussing Evan’s case, however, as
another example of zealous overreaching by CPS; we hope we have made that
point already. Rather, we wish to illustrate another, related consequence
of the customary and usual CPS practice of placing a very high percentage
of children in foster care on psychiatric drugs. Ricky was returned to
Mary’s mother, Pam, within a few months, and a little later to Mary, but
Evan was kept in foster care, ostensibly because mother and grandmother
could not handle him. After two years, he was released into the
grandmother’s care on a trial basis, but kept under CPS custody. CPS was
monitoring the situation, with a placement hearing scheduled in 5 months.
This is a very common scenario, and it has a few special features. The
most obvious is, of course, the oversight of CPS, and their retained power
to remove Evan from the home at any time; there is tremendous pressure on
all of the family, and ongoing fear that something might go wrong. As with
most children in this situation, Evan was on three different psychiatric
drugs, and had been for the entire time he was in foster care. He was
taking 18 milligrams of Concerta in the morning, a long acting form of
methylphenidate, even though his last doctor suggested he did not have
ADHD. He was on 1000 mg of Depakote, said to be a mood stabilizer for
so-called bipolar disorder, taking 500mg in the morning and 500mg at
night. And he was on 1 mg of Risperdal, an “antipsychotic”, taking .5mg in
the morning and .5 mg at night. This is higher than the recommended dosage
for an adult!
This was an extremely difficult situation. For the therapist, the
immediate danger condition was the long-term drug use. Methylphenidate is
bad enough as it is well known to stunt growth (and Evan is short for his
age), and affects virtually every organ system of the body (Eberstadt,
1999), and many have actually dropped dead after several years of Ritalin
use. There were almost 200 Ritalin-related deaths (mostly cardiovascular)
reported to the FDA in the 1990s. This voluntary reporting system is
estimated by experts to reflect only 1 to 10% of the actual incidence,
which means up to 20,000 Ritalin-related deaths in the last decade.
Depakote is considered a very dangerous drug; regular blood tests are
recommended as liver damage is a well-known effect of the drug. Worst of
all is the Risperdal. This class of neuroleptics (eg., Risperdal,
Thorazine, Haldol and Zyprexa) is proven to have unleashed the largest
epidemic of neurological disease in history in the form of Tardive
Dyskinesia and related syndromes such as neurological malignancy, seen in
hundreds of thousands of adult mental patients who have been taking drugs
like Thorazine (Breggin, 1991). In his recent new book, Mad in America,
Robert Whitaker puts forward the latest powerful wakeup call on the sordid
tale of systematic brain damage for the sake of profit. It is absolutely
shocking to see the data reported by Dorsey Griffith in the Sacramento Bee
(6-23-02): a 281% increase, from 329,000 to 1,253,000 in the number of
prescriptions for antipsychotic drugs for children. We are giving stronger
and stronger psychiatric drugs to more and more children, even infants and
toddlers. And CPS is playing a big part in this disgrace.
As a therapist or ally to this child and his family, the drugs are the
prime danger condition. Yet the source of this danger is the agency whose
mission is to protect the child. To Nevyn Evan and his family, the main
danger is the lingering threat of CPS and another breakup of the family.
Nothing that might trigger Nevyn’s Evan's removal may be risked, and CPS
and its contracted psychiatrist think Evan needs to be on all these drugs.
And as described above, they mean it!
Any movement to wean Evan off of these drugs must be approached with
caution, and there are further complications. Although Evan was sent home
on all these drugs, there was no arrangement with a physician to monitor
his well-being, no arranged blood tests to check on his liver function.
The CPS psychiatrist who prescribed the drugs could barely be reached,
after some persistence, to get a refill on a couple of the drugs. The
family is on Medicaid, and many doctors will not accept Medicaid. Many
pediatricians who do accept Medicaid, will still not go near messing with
a dangerous drug cocktail like this. Grandmother Pam took Evan to at least
one pediatrician who would not touch the challenge of supporting Evan’s
drug withdrawal. Yet Evan cannot be weaned without an MD approval and
oversight, or else the family risks CPS taking him back for acting without
a doctor. Finally, after Evan had been home for over two months, Pam got
an appointment with a neurologist, who agreed to help, and a gradual drug
withdrawal was begun.
But it is even more complicated, because there are always the expected
major challenges with transition to home and school—all the relationship
challenges at school and family, all the unprocessed feelings, all the
adjustments on every level. And Evan had his share. With all the pressure
and fear, it is exceedingly difficult. Every wrong move, every trouble
sign at home or school, especially at school, triggers fear, and the
understandable tendency is to come down on Evan. And his understandable
tendency is to get defensive. Or the tendency is to blame any problem on
the alleged mental illnesses and immediately ask whether he has taken his
drugs today. Like most young people we have worked with, Evan has been
known to “hop” his pills. They make him sleepy, or queasy, or he gets fed
up and doesn’t want them. And he happens to act up on one of these days.
Maybe it is an effect of not taking the drugs that day...who knows for
sure? What we do know is that biopsychiatry has pulled off an incredible
magic trick, whereby once individuals are labeled mentally ill, they and
everyone around them are absolved of responsibility. A child who is not
acting right in whatever fashion is immediately asked, “Have you taken
your Ritalin (or whatever drugs) today?” The family, schools, community,
CPS, psychiatrists, everyone is absolved, because the problem is
explained—the child has a genetic or biological defect, that is the source
of the problem, and the best we can do is keep it under control with
“medicine.” Everyone stops thinking, and the tough issues are avoided.
Evan’s is a very difficult situation, with immense pressure on every
angle, even without the drug issue. The fact that this boy is on a
polypharmaceutical cocktail of toxic, brain-disabling drugs, makes it
excruciatingly difficult. It is actually impossible to separate any of
Evan’s behavior from the effects of the drugs he is taking. Edginess,
restlessness, aggression, sleepiness, irritability, impulsiveness,
difficulty concentrating—you name it; all are known effects of these
drugs. And drug withdrawal is difficult under the best of circumstances,
much less under pressure and duress. Doctors and lay people alike tend to
interpret effects of drug withdrawal as evidence of the “mental illness”
and need to be on the drugs. Yet to leave him on all these drugs is an
outright dangerous. Evan’s story is still in process, but at least he is
off the Risperdal.
Summary
An estimated 8 million school age children in the United States are on
psychiatric drugs today. That means we are giving very powerful, extremely
dangerous psychotropic substances to about 15 % of our country’s children
between the ages of 5 and 19. The drugging of children first came to the
country’s attention in 1970 when the U. S Congress was alarmed enough by
the news that 200,000 school children were taking Ritalin to call for an
investigative hearing on the issue. Since that time, we have witnessed a
4000% increase in the number of children on psychiatric drugs in the U.S.
The trend of the last few years to use these drugs on preschoolers and
toddlers, even one-year-olds, further reveals the unconscionable disgrace
we are witnessing in this country. Regardless of the extent to which our
leaders and large segments of our general population have become so numbed
and confused by the constant onslaught of psychopharmaceutical propaganda
celebrating the alleged medical necessity of giving psychoactive drugs to
children, these numbers are astounding.
We also know that the primary conduit of children into psychiatry is
through the schools. Not only are school employees affected by psychiatric
propaganda just like anyone else in this country, but also they are
specifically trained to look for “diseases” like ADHD. They select
children out, pressure parents to get a psychiatric evaluation and get
their child on a psychoactive drug. We have seen a growing incidence of
parents being threatened with accusations of medical neglect when they
resist or refuse psychiatric intervention, and we have seen what happens
when Child Protective Services is called in and violates a family’s life.
We know that psychiatry is coercive at its root, and that this coercion
has taken root in the schools and Child Protective Services.
Our systems are still mostly broken and wrong-headed. Nevertheless, we
see hopeful signs. There is very good news available for those interested
in CPS reform. We highly recommend the NCCPR website for an overview of
the issues, and recommended reforms. The states of Michigan and Alabama,
and the Allegheny county run system in the area of Pittsburgh,
Pennsylvania, are wonderful examples of highly successful family
preservation programs.
Good news is also available on the coercive psychiatry front. There has
been a huge wave of political activity across the country in the last four
years as a result of committed activists, and especially due to the
influence of aggrieved parents who have decided to fight back for
themselves and on behalf of all families. An inspiring example of this is
the coalition of parents who formed a group called Parents for a Label and
Drug Free Education. Four parents started this group. Sheila Matthews was
pressured by a Connecticut school to label and drug her child, fought back
and led the charge for a precedent-setting legislation in Connecticut in
2001 that not only prevents school personnel from coercing or recommending
that parents drug their children, but also backs off CPS from being able
to accuse parents of medical neglect simply because they refuse to drug
their child. Another eight related bills were introduced the next year.
Patty Weathers was coerced to drug her child in New York, fought back, was
threatened by Child Protective Services, fought back, got support, went on
national television, eventually won and has taken leadership in the fight
to protect other children and families. Larry Smith and his wife Kelly
were bullied and harassed for years by psychiatry and the schools. In
March of 2000, they lost their son, Matthew, to heart failure due to
several years of Ritalin usage. Larry’s website, www.ritalindeath.com, has
educated countless people on the dangers of psychiatric drugs to children.
In February of 2001, Vicki Dunkle’s beloved 8-year-old daughter, Shaina,
died in her arms of Desipramine toxicity (prescribed for “ADHD”) as she
and her husband Steve watched helplessly. Now they are fierce activists,
appearing on national television and testifying to political leaders in
Washington. There are others in this group, and all have a story. The Able
Child parents, together with allies around the world, are determined to
stop the psychiatric drugging of children, and all the lies and coercion
that go with such an ugly business. See the website, www.ablechild.org,
for information about these brave leaders, their activism, and a record of
political actions around the country.
The political activity started as a result of the leadership of Patti
Johnson in 1999, a member of the Colorado State Board of Education who
convinced her fellow Board members to pass a precedent setting Resolution,
which asked school personnel to use academic solutions to resolve problems
with behavior, attention and learning, rather than psychotropic drugs.
Since then, enormous progress has been made on the issue of protecting
children and their families from forced psychiatric labeling and drugging,
and to monitor the prescription rate of stimulants and other psychiatric
drugs for children. Through 2002, there have been 46 state bills or
Resolutions; including the Colorado Resolution, in 28 states, that have
either passed, or are still pending action, across the United States.
Connecticut, Minnesota, and Texas have passed laws explicitly stating that
a parent’s refusal to consent to the administration of a psychotropic drug
to a child does not constitute neglect, therefore is not in itself grounds
for CPS investigation. Other states have passed related laws either
monitoring or curbing CPS policy in this area. Many states are pursuing
related legislation as the wave of activity continues to expand. Many of
these laws relate to prohibiting coercion in schools to have a child put
on psychiatric drugs; several establish investigations and/or tracking
systems for children being psychiatrically labeled and drugged; others
increase parental consent rights; still others eliminate the threat of
parents being criminally charged with "medical neglect" if they refuse to
place their child on a psychiatric drug.
We conclude this essay with a piece of exciting news. A new federal
bill is drawing nationwide attention to the psychiatric drugging of
children. If passed into law, the Child Medication Safety Act (H.R. 1170)
would prohibit schools from coercing parents to drug their children. The
U.S. Congress is considering this historic legislation largely as a result
of the wave of activism in state legislatures around the country. This act
has already passed the House of Representatives by an overwhelming 428-1.
The Senate is now considering H.R. 1170. All of these efforts are
reflective of a push to back off the coercion, and restore common sense
and thoughtful care and support to our nation’s children and families.
REFERENCES
Breeding, J. (2000) Does ADHD Even Exist? The Ritalin Sham.
Mothering, July/August, pp. 43-47.
Breeding, J. & Baughman, F., Jr. (2001) The Ethics of Informed
Parental Consent to the Psychiatric Drugging of Children. Ethical
Human Sciences and Services, 3,3,
Breeding, J. & Baughman, F., Jr. (2003) Informed Consent and the
Psychiatric Drugging Of Children. Journal of Humanistic
Psychology, 43,2, 50-64.
Breggin, P. (1991) Toxic Psychiatry: Why Therapy, Empathy, and Love
Must Replace the Drugs, Electroshock, and Biochemical Theories of The New
Psychiatry. New York: St. Martin's Press.
Eberstadt, M. (1999) Why Ritalin Rules. Policy Review, 94,
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