Mental Health Association of Portland

Oregon's independent and impartial mental health advocate

U.S. Justice Department threatens to sue Oregon over disabled worker programs

Posted by admin2 on 3rd July 2012

From the Oregonian, July 1, 2012

The United States Department of Justice is warning Oregon to help people with intellectual or physical disabilities find jobs in the community or the federal government will go to court and force the state to do it.

Dr. Jacobus tenBroek 1916-1968 Author, Jurist, Professor, Founder of the National Federation of the Blind

Dr. Jacobus tenBroek 1916-1968 Author, Jurist, Professor, Founder of the National Federation of the Blind

Following a nine-month investigation, the Justice Department sent a 20-page letter to the Oregon attorney general late last week outlining its problems with state programs offering employment and vocational services for disabled workers.

Bottom line: Too many in Oregon are forced to work sub-minimum-wage jobs doing rote tasks in what are called “sheltered workshops.”

READ – letter from the Department of Justice’s Civil Rights Division to Governor John Kitzhaber, 2012

The letter, signed by Thomas Perez, the assistant attorney general for the Civil Rights Division, notes that these disabled workers are segregated from the rest of the population, in violation of the Americans with Disabilities Act. Federal law requires states to provide services to people with disabilities in the most community-integrated setting possible.

Investigators reported that they found the majority of Oregon’s workers who are intellectually or developmentally disabled are employed in “highly repetitive, manual tasks, such as folding, sorting and bagging in shared spaces occupied only by other persons with disabilities.”

They described the physical surroundings as “institutional in nature” and with “little natural light.” Some of the workplaces are in industrial parks, making it harder for people to use public transportation or leave to go to lunch or for a break.

Investigators also found more than 52 percent of the workers earn less than $3 an hour and “some earn only a few cents per hour.” The average was $3.72 an hour.

Erinn Kelley-Siel, director of the Department of Human Services, released a statement Monday saying that she is “disappointed” by the Justice Department’s findings and that her agency is already at work on improving vocational services.

The state of Oregon spends $30 million a year on sheltered workshops for people with disabilities. In March 2012, according to state data, 1,642 people worked in sheltered workshops. By contrast, 422 workers were employed in the community with support, such as job coaching or help navigating the bus system.

Justice officials acknowledge that sheltered workshops “may be permissible placements for individuals who choose them.” But they note that others “remain unnecessarily — and often indefinitely — confined to segregated workshops.”

Investigators find the state “has denied or failed to provide” community support.

The findings pleased advocates.

Disabled workers and others have argued that it would be much cheaper for the state, in the long run, to pay for programs that help people find and keep jobs in the community that pay minimum wage or higher.

In January, the United Cerebral Palsy Association of Oregon and Southwest Washington along with eight individuals representing thousands of Oregonians with intellectual or physical disabilities filed a class-action lawsuit against Gov. John Kitzhaber and top managers at the Department of Human Services.

Since then, the state’s move to dismiss the suit has been denied and advocates hope their lawsuit will set a national precedent.

“This is just a giant stick over the head of the state to settle our lawsuit,” said Michael Bailey of Portland, who serves as president of the National Disability Rights Network. “Because if they don’t, the Department of Justice will come in as a party,” bringing with it almost unlimited resources.

Justice Department officials declined to say Monday how long they will give Oregon to show improvement.

Instead a spokesman referred back to the letter, which urges “swiftly addressing the areas that require attention.”

Tags: , , , ,
Posted in Uncategorized | No Comments »

Audit finds Human Services falls short monitoring foster children’s prescriptions

Posted by admin2 on 6th April 2009

Erin Kelley-Siel

Erin Kelley-Siel, Assistant Director for Children, Adults and Families

From the Oregonian, April 2 2009


More than one year ago, child welfare officials pledged better oversight of the psychiatric drugs given to one in five foster children, but an internal state audit shows that isn’t happening.

The audit, dated December 2008, found medication logs missing from child welfare files and almost none of the children’s psychiatric prescriptions getting a required second review. It also found poor communication between caseworkers and foster parents concerning children’s medications.

A November 2007 investigation by The Oregonian found children in foster care were prescribed psychiatric medications at four times the rate of other children covered by Medicaid. Most children come into foster care after being neglected or abused and often have mental health or behavioral issues.

The newspaper also found that state laws and rules governing the use of psychiatric medications in foster care were often ignored and that hundreds of children were taking multiple prescriptions with little or no state scrutiny.

Managers at the state Department of Human Services say they are committed to improving the system.

Today, child welfare officials will appear before a state House committee to discuss their progress. Lawmakers are turning up the heat with a bill requiring regular review of the psychiatric drugs administered to children in state custody.

Children are being prescribed two, three or more drugs, said Rep. Tina Kotek, a Portland Democrat and sponsor of House Bill 3114.

“It’s the state’s responsibility to treat children in foster care like they’re our kids,” Kotek said. “And I want to have better oversight of the drugs those kids are taking, especially if they’re young.”

Prescriptions

The most recent numbers show 1,461 children, about 20 percent of the kids in foster care last October, were prescribed at least one psychiatric drug. Those drugs include Ritalin, prescribed for attention deficit disorder, as well as antidepressants such as Prozac and Zoloft.

Since the newspaper’s 2007 report, child welfare officials have convened a medical advisory committee to look at prescribing practices and sought opinions from the state Drug Use Review Board and the attorney general.

The agency also requested a full-time medical director to focus on child welfare cases. But that request was turned down for lack of money.

Instead, officials arranged early this year to share a pediatrician and a psychiatrist with another division in the agency.

“We have made progress, and there is still more to be done,” Erinn Kelley-Siel, the state’s child welfare director, said Thursday. “We are strongly committed to making every effort to ensure that children get the care they need.”

Two recent reports point to some of the work still to be done.

Assessments

A March 10 report from the state Addictions and Mental Health Division concludes that five of every six children placed in foster care between October 2003 and June 2008 did not receive a mental health assessment within 60 days as required by state and federal rules.

The December 2008 audit, obtained by The Oregonian through a public records request, examined files from 50 children who were in foster care in July 2008.

All had been prescribed at least one psychiatric drug. Almost 80 percent of those children received mental health assessments at some point. But case files contained detailed medication logs only 20 percent of the time.

Auditors made sure to include children they considered the most “vulnerable”: young children and kids on three or more drugs. They found those children received the least oversight of their medications.

The audit also found that state caseworkers communicated a child’s health information to the foster care provider roughly half the time. Foster parents told caseworkers about new medications or changes in medications about a quarter of the time.

On March 25, Kelley-Siel ordered field supervisors to review files for all children on psychiatric medications. She has asked that the review be completed by the middle of May.

“It will give me assurance that our policy is being followed,” Kelley-Siel said.

If the budget allows, the agency said, mandatory training for staff and foster parents could begin later this year.

READ – Psychotropic Medications Compliance Review – December 2008

READ – Foster kids’ meds get scant attention, Oregonian, November 25 2007.

Tags: , ,
Posted in Uncategorized | No Comments »

Foster kids’ meds get scant attention

Posted by admin2 on 25th November 2007

From the Oregonian – Sunday, November 25, 2007 – no link available.

An Albany foster mother recalls a 5-year-old boy medicated so heavily that he lived in an endless cycle of sleeping, rising for a meal, taking his pills and collapsing back into bed.

A Salem nurse who volunteered at a camp for Northwest foster kids last summer says she was shocked at the hundreds of psychiatric drugs she gave out to children every day.

A Multnomah County court officer tells of a teen in foster care who loved skateboarding but became so overwhelmed by his meds that he could barely hold his head up.

More than one in four Oregon children in foster care –some as young as 2 –are being given powerful psychiatric drugs developed to treat depression, anxiety, trauma and other mental health issues.

The medications include potent drugs such as Prozac and Zoloft. Many have not been approved for children , their side effects can be severe and there’s little evidence about how they might act on developing brains and young bodies.

About 2,400 kids a year in foster care are on psychiatric drugs. The medications can help troubled children who suffer abuse, neglect or other trauma. Even so, The Oregonian found that children in foster care took psychiatric drugs at a much higher rate –more than four times higher –than other Oregon children .

The state’s child welfare system creates incentives for foster parents that could encourage psychiatric drug use: The meds make the kids less trouble. And the foster parents can be paid double for the “special needs” of kids on psychiatric drugs.

The state, the legal guardian for children in foster care, does little to monitor the use of psychiatric drugs.

“Nobody is tracking it in a way that makes sense,” says Judge Nan Waller, the chief family law judge in Multnomah County. “We need to make sure we have the level of oversight our children deserve.”

Tannie Mowdy has eight children younger than 18 living in her tan, two-story house on a country acre six miles east of Albany.

A 14-year-old girl takes Prozac, and two boys, ages 12 and 13, take Wellbutrin –anti-depressants often prescribed to children in Oregon foster care.

Mowdy, who has been a foster parent to nearly 300 children in 26 years, says psychiatric medications have helped one teenage girl in her care finish high school and a boy in her home “slow his mind down” so he can focus on even the most routine tasks.

Sitting in her dining room stacked high with puzzles, games and toys, Mowdy says what she knows has come from talking to her doctor and pharmacist.

Sometimes, she says, it’s a “hit-or-miss learning process.”

Mowdy hasn’t forgotten the 5-year-old boy who came to her home several years ago with a bottle of clonidine, a blood pressure medication that’s often used to calm children down.

The little boy would get up in the morning, eat breakfast, take his pills, and then go back to bed for a nap, Mowdy remembers. He’d repeat the routine at lunch.

“I went to the doctor and said, ‘We’ve got to get this kid off of this.’ ”

The doctor was happy to comply, Mowdy says. He had put the child on medication to control unruly behavior and so he wouldn’t be kicked out of his foster home.

One girl came to Mowdy’s home on eight psychiatric medications, she says. “Too many kids take too many medications.”

The Oregonian used the state’s public records law to discover how many children under state supervision are on psychiatric medications.

The records show 29.4 percent of children in foster care were on at least one psychiatric drug in a recent 12-month span.

The newspaper then asked the state’s Medicaid program how many of the 203,000 other children also covered by the Oregon Health Plan had been on a psychiatric drug. The answer: 6.3 percent.

University of Maryland professor Julie Magno Zito, one of the nation’s leading researchers into psychiatric drug use among children in foster care, says it’s hard to judge the rate. States must have strong standards and oversight, she says, especially because the effects of these drugs on children aren’t well understood.

“You start treating the side effect of drugs with other drugs, and it becomes a vicious circle.”

People who work in Oregon’s child welfare system say they’ve been surprised by how young some kids on medications are.

Kevin George, foster care program manager at the Department of Human Services, says he remembers a child as young as 18 months receiving a psychiatric drug, although he can’t recall the specific drug or circumstances.

But Medicaid records show more than half of kids in foster care who receive the medications are about 13 or older.

Lynn Lanham, a nurse at Salem-Keizer public schools, saw that firsthand last summer when she volunteered at Camp to Belong, an Idaho camp for kids 8 to 20 years old who live in Pacific Northwest foster homes.

Of the 96 kids at Camp to Belong last June, about 60 percent came with psychiatric meds.

“I was struck at how many psychotropics I was giving to these kids,” Lanham said. “I have been a camp nurse at other camps and never given that much.”

Steve Lindeman, a field manager for the Citizen Review Board in Multnomah County, which oversees child welfare cases, remembers a skateboarding teen who was energetic and excited the first time he met him.

When his case came up for review a few years later, Lindeman said, “He was on significant medications that created what some people referred to as the ‘zombie effect.’ ”

Lindeman was part of a group of experts formed in 2004 after judges and other court officials questioned the number of psychiatric drugs prescribed to children under state supervision.

The state refused to release the group’s work, but The Oregonian obtained it from other sources. It shows big problems.

The group discovered medication is not being managed properly, training for caseworkers and foster parents has been discontinued, and systems for tracking medications are not in place, according to minutes from an October 2004 meeting.

One recommendation: Take away foster parents’ power to give a child psychiatric medications without state consent.

Why?

The group’s report says “foster parents may have an incentive to describe their foster children ‘s mental health issues with a very negative bias in order to obtain serious mental health diagnoses and consequent prescriptions .”

That’s because foster parents can receive higher monthly payments from the state if a child has “special needs” –and children taking psychiatric drugs often earn that designation. These payments can average $600 a month, more than double Oregon’s regular rates.

“If the child is off the medication, there would be less money coming to the home,” Lindeman said. “We don’t think that’s a good setup.”

George, the state’s foster care manager, said he isn’t sure why the group’s proposal to change the consent rules wasn’t adopted. “Maybe we should revisit that.”

Foster parents are required to seek consent for other medical treatment –for example, if a child needs his tonsils out.

Don Darland, from the Oregon Foster Parent Association, says he wouldn’t mind if the same rules of consent applied to a child starting psychiatric drugs.

The state is “the legal guardian, and they have to be involved,” he says. “We are parenting that child 24/7, and we need to be in the conversation, too.”

Darland has cared for more than 50 children in his home and says about half were prescribed psychiatric meds. “I’m not going to advocate for a medical restraint unless that child really needs it.”

The state did adopt many of the expert group’s recommendations when it wrote new rules in May. The rules encourage second medical opinions in cases where the children are younger than 6 or where kids are on more than three psychiatric drugs at once.

Other states have panels of doctors or teams of nurses to review drug use. Oregon has Teri Shultz, one lone nurse to consult when children in foster care are taking psychiatric drugs.

Before the new policy was adopted this spring, Shultz recalls seeing only one case in the past 10 years.

Since May, she’s reviewed about 40 cases, and referred almost all of them for second opinions. That’s about 3 percent of foster children on psychiatric drugs –still far fewer than experts recommend. The group advising state officials wanted children with more than two medications to have their cases reviewed.

Under that proposal, about 28 percent of kids would have their prescriptions reviewed, state records show.

Dr. Bruce Goldberg, the state Human Services director, says the standards should be even tougher.

As a physician, Goldberg says, he thinks ideally every child in foster care on more than one psychiatric drug should get a second look.

Goldberg wasn’t familiar with his agency’s policy until The Oregonian raised questions about it. He asked Dr. Nancy Winters, a professor and child and adolescent psychiatrist at Oregon Health & Science University, to review the new state rules to see whether they are sound.

The state policy is inadequate, Goldberg says.

“It needs to be re-evaluated.”

Waller, the judge who hears the custody cases of hundreds of children in her courtroom every year, says she’s seen how psychiatric drugs have helped some children . But she’s also heard a teen complain of drowning in “an alphabet soup of medications.”

Everyone needs to look for other ways to ease the trauma for these kids, she says. “Under our watch, we need to make sure we don’t make the problem worse.”

Tags: , , ,
Posted in Uncategorized | No Comments »