child abuse.
excerpts:
26. On March 14, 2007, Mr. Gottstein e-mailed defendant Governor Palin,
among other things, about children and youth in custody in other states dying from the
administration of psychotropic drugs, and stating:
The massive over-drugging of America's children and youth is a titanic
health catastrophe caused by the government's failure to protect its most
precious citizens, who rely on the adults in their lives to shield them from
harm, not inflict it upon them. Perhaps the worst of all is the State inflicting
this harm on children and youth it has taken from their homes "for their
own good."
Please correct this situation.
See, Exhibit C.
27. By letter dated March 22, 2007, Commissioner Jackson responded to Mr.
Gottstein's e-mail to Governor Palin in a March 14, 2007, e-mail stating in pertinent part:
Complaint -10-
Indications for the use of psychotropic medications in children and youth
includes, but is not limited to, symptoms consistent with psychosis, Bipolar
Disorder, severe depression, Attention Deficit Hyperactivity Disorder
(ADHD), and, in certain situations, severe behavioral disturbances.
Concern should be raised when multiple medications of one class are used
or when doses are prescribed which are considered high for this population.
Concern should also be raised when it appears that these medications are
being used for behavioral control alone, or to hasten a response to inpatient
treatment or, for that matter, outpatient or residential treatment.
The State of Alaska, in cooperation with First Health Corporation, has for
the past 3 1/2 years utilized a behavioral pharmacy management system
that compares evidence-based and consensus based practice guidelines to
the prescribing practices of Alaskan clinicians. If discrepancies are
identified, the company uses a combined approach of education and peer
consultation to address specific concerns. Since this program started, there
have been changes made in prescribing practices with the goal being
improved care for Alaska's children and youth.
The Office of Children and youth's Services (OCS) operates under policy
which requires that caseworkers must staff medication recommendations
for children and youth on their caseloads with their Supervisor and their
regional Psychiatric Nurse prior to giving consent to the treatment provider.
The OCS Psychiatric Nurses have weekly contacts with the professionals
treating OCS children and youth in acute care settings, i.e., North Star,
Alaska Psychiatric Institute, Providence Discovery, and in residential
treatment centers. OCS caseworkers and Psychiatric Nurses also participate
in monthly treatment plans for children and youth in the residential
treatment facilities.
A medication can be increased or decreased for a child in custody, but
cannot be started without the OCS' knowledge and consent.
See, Exhibit D.
28. By letter dated February 4, 2008, Mr. Gottstein wrote Governor Palin, with
copies to the Attorney General, Commissioner Jackson, defendants Hogan and Stone, and
others, conveying scientific evidence regarding the harm being done to children and
youth by the massive over-prescribing of psychotropic drugs to them, and stating:
Complaint -11-
It is a huge betrayal of trust for the State to take custody of children and
youth and then subject them to such harmful, often life-ruining, drugs.
They have almost always already been subjected to abuse or otherwise had
very difficult lives before the State assumes custody, and then saddles them
with a mental illness diagnosis and drugs them. The extent of this State
inflicted child abuse is an emergency and should be corrected immediately.
Children and youth are virtually always forced to take these drugs because,
with rare exception, it is not their choice. PsychRights believes the children
and youth, themselves, have the legal right to not be subject to such
harmful treatment at the hands of the State of Alaska. We are therefore
evaluating what legal remedies might be available to them. However,
instead of going down that route, it would be my great preference to be able
to work together to solve this problem. It is for this reason that I am
reaching out to you again on this issue.
See, Exhibit E.1
29. By letter dated March 4, 2008, Commissioner Jackson responded to her
courtesy copy of Mr. Gottstein's February 4, 2008 letter to Governor Palin, in part, as
follows:
By this e-mail, I am requesting (demanding) the State implement such a
program for informed decision making regarding the administration of
psychiatric drugs to children and youth it has taken into custody.
Frankly, even if the State continues to ignore this problem, it might as well
start looking at the CriticalThinkRx program now because it will be faced
with this same information in the lawsuit. More importantly, the State
should use the information to change what it is doing to the children and
youth whom it has taken into custody and subjecting to what can quite
legitimately be characterized as State-inflicted child abuse. I suspect you
take umbrage at this characterization and think it is an exaggeration, but it
is an accurate one. It is a huge betrayal by the State of this most vulnerable
population and should be stopped immediately.
As you know, PsychRights has tried for years to get the State to address the
problem of it's very harmful program of psychiatrically drugging kids it has
taken into custody. See,
http://psychrights.org/States/Alaska/Kids/Kids.htmI hope the State will now recognize the problem and immediately take steps
to correct it. Unfortunately, based on past experience, my guess is this will
not happen. Therefore, I am proceeding with developing the lawsuit unless
I hear otherwise from you and we work out a satisfactory program to
address this crisis, such as one consistent with CriticalThinkRx, that does
not inflict such damage on Alaska's children and youth for whom the State
has taken responsibility.
See, Exhibit G.
34. Despite Plaintiff's repeated requests, no substantive negotiations between
Plaintiff and any State personnel regarding the administration of and payment for
psychotropic drugs to Alaskan children and youth have taken place.