IN: Lawsuit - 8 yr old Boy with Autism Tied to Chair

Excerpt from TheIndyChannel.com:

IPS Policy, Indiana Law Allows Children To Be Restrained

POSTED: 4:08 pm EDT April 29, 2010

UPDATED: 6:08 pm EDT April 29, 2010

INDIANAPOLIS -- The mother of an 8-year-old boy with autism is suing Indianapolis Public Schools after she said her son was tied to a chair by a teacher's aide.

Jennifer Robbins said she went to William Penn ElementarySchool on Jan. 14 for a conference and found her son, Hudson, belted to a chair in the corner of his classroom, 6News' Joanna Massee reported.

"It was wrapped around and tied twice in a double knot," said Robbins, who described the mostly non-verbal boy as looking disheveled and as if he had been crying.

She said her son's teacher and two teacher's aides were in the classroom at the time, and that the school's principal, Rhonda Akers, apologized for the incident.

For more information, please click on the following link: http://www.theindychannel.com/news/23310041/detail.html

FL: HB 81 Introduced to the House of Representatives

HB 81 on the "Use, Prevention, and Reduction of Seclusion and Restraint on Students with Disabilities in Public Schools" has been introduced to the House of Representatives.

Included in the proposed bill are:

1. Provisions that manual restraints only be used in an emergency, as defined by an eminent risk of serious injury or death provide restrictions on the manual use of restraints
2. Prohibit the use of restraints by untrained staff
3. Prohibit certain restraint techniques
4. Require schools to medically evaluate the child as soon as possible after a manual restraint
5. Prohibit seclusion
6. Provide requirements for time out
7. Require reporting of training and certification to the Department of Education
8. Require personnel training and certification in manual restraints
9. Require student follow up in certain circumstances
10. Require parental notification of district policies for emergency procedures
11. Require preparation of incident reports after each restraint
12. Require certain monitoring and reporting
13. Require the development and revision of school policies and procedures
14. Provide and effective date

Full text can be found here:

http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0081__.xml&DocumentType=Bill&BillNumber=0081&Session=2010

FL: Juvenile Restraint Rules Could Change

By Gloria Gomez
Updated: Friday, 05 Jun 2009, 6:40 AM EDT
Published : Friday, 05 Jun 2009, 6:39 AM EDT
http://www.myfoxtampabay.com/dpp/news/local/polk/juvenile_court_restraint_rules_060509

BARTOW - The four Walker Middle School teens accused of sexually assaulting a flag football teammate were in court Wednesday.

After pleading not guilty the boys were handcuffed as they left the courtroom.

The images of young defendants some as young as 11-years-old in shackles and handcuffs are common in the juvenile court system. But that may be changing.

Shondi Cole, the Juvenile Division Chief in Polk County, says there is a big push to ban the indiscriminate use of handcuffs and shackles in juvenile court.

Cole says she finds the restraint rules in juvenile court and adult court confusing and backwards.

"The adults aren't shackled when they come to court so you could have a 10-year-old that came to court on a theft charge that's shackled and you could have an adult who killed someone who isn't shackled in court," Cole told FOX 13. "It makes no sense."

A proposed court rule would allow judges to use restraints on a case by case basis, rather than a blanket rule, but some argue it would increase the danger to everyone in court.

A Tampa mother who didn't want to give her name says her son has been in and out of jail for years. She believes putting restraints on a child can be psychologically damaging.

"It traumatizes them," she said. "All I think is it traumatizes them for the rest of their lives."

Right now States Chief Justice Peggy Quince is backing the proposed court rule which means if approved, there could less and less courtroom images of kids in cuffs.

MI: Mom says son, 11, handcuffed to door at Detroit school

NOTE: We do not condone fighting, as was alleged in this incident, but we also don't condone punishment for fighting as handcuffing an 11 year old to a door, either...

Mark Hicks and Jennifer Mrozowski / The Detroit News

http://www.detnews.com/article/20090604/SCHOOLS/906040488/Mom-says-son--11--handcuffed-to-door-at-Detroit-school

Detroit -- A Detroit Public Schools parent is considering legal action against the district after her son allegedly was handcuffed to a door at Sampson-Webber school for several hours Monday.

"It was really unnecessary to be done on a little boy," said Charmaine Hunt, whose 11-year-old son told about her about the incident Monday. "I'm not accepting that."

Hunt said about 11:40 a.m. Monday, her son, Antonio Hobson, a fourth grader at the school, was involved in a fight with another student.

She said he told her he suffered a bloodied nose and was restrained by a school security officer. But when he was deemed unruly, the principal, Regina Randall, ordered him to be handcuffed to a door in another room, Hunt said.

Randall, reached at home today, had no comment.

Hobson tried telling school officials he was hungry because he had not eaten lunch and had to use the restroom, Hunt said, but his requests initially were ignored.

"They fed him cereal and milk later on, like he's in prison or something," Hunt said, adding that her son's nose was struck when someone tried to reopen the door to the room.

The boy was released when school ended at 3:30 p.m., she said. Since learning of the incident, Hunt said she has kept her son at home, and is reluctant to send him back for the rest of the year.

"My son doesn't want to go back there. He's actually scared," Hunt said.

District spokesman Steve Wasko said he had no immediate information on the alleged incident. Hunt said two school officials -- a social worker and curriculum leader -- met with her Tuesday about the incident, saying they planned to file a complaint with the district. A call to the Detroit Public Schools' Department of Public Safety has not been returned.

An acting administrator at the school told a reporter: "There's a department at central office you contact for news," and hung up.

It also was unclear whether the other student involved in the alleged fight was disciplined.

Hunt said she plans to file a complaint, obtain an incident report, seek legal counsel and voice her concerns at a school board meeting today at the district's headquarters.

After hearing of the incident, school board member Marie Thornton said she met with Sampson-Webber staff on Wednesday to learn more.

Randall was absent, she said, and staff told her they were "fearful" of her. Thornton said the school's assistant superintendent, Sharon Appling, told her Monday's incident was being investigated.

Thornton said district officials have received complaints about Randall's conduct in the past, and Randall recently learned she would lose her position as part of emergency financial manager Robert Bobb's restructuring plan for DPS.

Thornton said she was "appalled" by the allegations and has contacted Bobb, acting district superintendent Teresa Gueyser and DPS general counsel about investigating and possible disciplinary action.

"You don't even handcuff a dog to the door," Thornton said. "It's not right."

jmrozowski@detnews.com (313) 222-2269

NY: NYPD okays Velcro handcuffs for use on unruly children

BY Alison Gendar
DAILY NEWS STAFF WRITER
Saturday, February 14th 2009, 11:02 AM
http://www.nydailynews.com/news/ny_crime/2009/02/13/2009-02-13_nypd_okays_velcro_handcuffs_for_use_on_u.html

Nothing says tough love like Velcro handcuffs.

Cops trying to restrain children will have a softer alternative than metal handcuffs under a new program the NYPD is testing in nearly two dozen schools.

Starting next month, officers will use Velcro handcuffs instead of the tougher steel model to subdue disturbed or unruly children in 22 schools in northern Queens, according to a draft NYPD operations order obtained by the Daily News.

"We would prefer never to use restraints of any kind, but in those rare instances where it may become necessary, we want a softer alternative to conventional handcuffs," Deputy Police Commissioner Paul Browne said.

Cops are expected to use the cuffs no more than once or twice a year, Browne said, and only when a kid is at risk of hurting himself or others.One of the targeted schools is Public School 81 in Ridgewood, where a school safety agent handcuffed 5-year-old Dennis Rivera and brought him to a psych ward after what school sources called a violent tantrum in January 2008.

That child's father, Dennis Sr., said Friday police policy on cuffs was wrong. "They could be made of teddy bear material," he said, "but they still would be handcuffs. It is still police tactics on children who have committed no crime." In a separate instance, the family of a 10-year-old girl filed a federal lawsuit against the city last August, claiming police handcuffed her on a school bus because she wouldn't sit still.

Police Commissioner Raymond Kelly asked the department to look at alternatives to metal handcuffs, but Browne would not say what case triggered the review.

NYPD school safety officers in the schools are expected to receive the alternative handcuffs at the end of next week, and then get two weeks of training - not only on how to use the new cuffs, but when.

The new handcuffs would be used on youngsters under age 16. The restraints are 22-inch-long strips of cloth with Velcro fasteners that can be adjusted to fit a child's wrist.

"Handcuffing by any other name is still handcuffing, " said Donna Lieberman, executive director of the New York Civil Liberties Union.

PA: Parents hire attorney to investigate alleged child abuse at daycare center

Author's Note: Staff at this YMCA allegedly gave a minimum of 4 children (ranging in age from 3 to 6) alum, a salt used in food processing, which, when ingested, can cause gastrointestinal bleeding, nausea, vomiting, and burning – symptoms which may easily be mistaken for a “stomach flu.” Staff also may have physically restrained at least one of these young children.

The abuse allegedly occurred in an area of the day care where cameras were not present and could not capture the alleged abuse, and, also allegedly, where other staff could not witness the abuse.

Fortunately Rebecca DeWitt, an employee at the YMCA who became aware of the abuse through another employee, told parents about the *alleged* abuse.

The YMCA promptly fired HER as thanks for her due diligence in protecting those young children. [We'll say it since they won't "THANK YOU REBECCA!!!" We hope you get a hefty sum if/when you sue them for retaliation!]

The state Dept of Public Welfare indicates it has confirmed staff used alum for discipline purposes, yet they CONTINUE TO ALLOW THIS FACILITY TO OPERATE. This bears repeating: The Department of Public Welfare has confirmed personnel in this facility DELIBERATELY POISONED YOUNG CHILDREN, yet it allows the facility to remain fully operational as they attempt to determine how many times alum was given to children and why the substance was in the building in the first place.

They also estimate this investigation could take 2 WEEKS to resolve. And even then, there’s no guarantee they’ll take ANY action, which may or may not include revoking their license.

The good news is the YMCA indicates that 5 employees and the director have been "removed from the facility," as their policy is to suspend employees accused of misconduct while the investigation is ongoing. That doesn’t mean, however, that those staff and the director wouldn’t be reinstated pending the outcome of DPW’s “investigation.”

What we can’t understand is WHY the Department of Public Welfare hasn’t SHUT THIS PLACE DOWN while they “investigate further.” Why this facility hasn’t been made to present to the Department of Public Welfare a corrective action plan to ensure young children’s safety while in that facility, at a bare minimum - and to have that plan approved by the Department of Public Welfare - before they can even think of resuming operations.

And this is why abuse – even if only “alleged” - is allowed to continue…


By Patty Yauger, Herald-Standard
01/24/2009
http://www.heraldstandard.com/site/news.cfm?newsid=20248120&BRD=2280&PAG=461&dept_id=480247&rfi=6

SOUTH CONNELLSVILLE - A former YMCA Child Development Center worker and several parents of students that attended the center have retained a Pittsburgh law firm in connection with alleged abuse of the children.

Swensen, Perer and Kontos attorney Brian DelVecchio confirmed that he had been hired by parents with children enrolled at the school, including Brian and Janean Ansell, Shannon and Lloyd Partridge and Jessica Harr, along with former center employee Rebecca DeWitt, who notified the parents of the alleged dispensing of a pickling salt by other center workers.

According to DelVecchio, a minimum of four children, ranging in age from 3 to 6 were allegedly given alum by workers at the center since August.

Alum is a salt that is used in food processing and is an ingredient in commercially produced baking powder and can cause gastrointestinal bleeding, nausea, vomiting and burning when ingested, according to the Centers for Disease Control and Prevention.

Although it appears the alleged abuse has been going on for several months, DelVecchio said that the parents only learned of the use of alum as a punishment last week.

"You are dealing with toddlers and they are not going to understand, be afraid or unable to communicate it to the parents," he said. "That's what makes this so sinister."

Since parents have learned of the incidents, they have begun to "put two and two together," he added.

"Some of the kids were having gastrointestinal problems or vomiting or sick," said DelVecchio. "Parents thought it was a flu bug going around and never imagined that their kids were being poisoned."

Since meeting with the former worker, parents and children, DelVecchio said that the stories are "harrowing."

"Kids were being held down," he said. "One little boy came home every day and said, 'poor Nick, poor Nick,' indicating that Nick was being punished."

"One child that was having trouble communicating was subjected to this treatment."

DelVecchio said DeWitt worked at the center since 2000 and was unaware of any wrongdoing until being told by another employee that the children were being given the substance.

"My understanding is that it was given by two individuals in an area where there was no camera or where it could be seen by others," he said. "It was hidden, just like any abuse."

DeWitt was fired after center officials learned that she had notified authorities and parents, said DelVecchio.

It was unclear how long the children had been enrolled at the center.

"It appears these things started to happen when the kids entered the toddler or preschool program," he said. "It seems they were given (the alum) as a punishment for back-talking or other things a toddler might do."

State Department of Public Welfare spokeswoman Stacey Witalec said that the regulatory authority continues to investigate the alleged incidents.

"We are closely monitoring the facility as they do continue to operate," she said. "But our investigation is ongoing."

Through the investigation, Witalec said that it has been confirmed that alum was used as a means of discipline, but questions remain as to why the substance was in the facility and how many times was it given to the children.

The monitoring includes onsite visits and communication with the facility and the Regional Family YMCA of Laurel Highlands administrations.

"We always reserve the right to do unannounced onsite inspections of licensed facilities and (the development center) falls into that category," said Witalec, adding that it has been in operation since December 1998.

The center has been cited in the past for other reasons, she said.

"But not for anything as serious as this," said Witalec.

Five employees, including the center director, have been removed from the facility, according to Witalec.

The state agency has authority to take action against the facility, but not the individuals.

"We could take licensing action up to and through revoking their ability to operate," said Witalec. "Worst-case scenario, they could lose their license to operate."

Witalec speculated that it would take "several weeks" to conclude the department's investigation into the matter.

Regional Family YMCA of Laurel Highlands executive director Steve Simon said the organization was shocked to learn of the alleged incidents.

"Staff and volunteers of the Regional Family YMCA of Laurel Highlands were shocked by recent allegations that members of our staff might have acted with poor judgment by giving five children enrolled in our child care program alum pickling salt as punishment for misbehaving," he said in a press release. "We are cooperating fully with authorities to investigate this situation."

Simon stated that the YMCA policy requires that those staff members tied to the incident have been suspended pending a full review of the charges.

He did not identify the staff members, but said that prior to their hiring all had been "thoroughly investigated."

"The safety and welfare of children in our care always has been and always will be a top priority," said Simon. "The YMCA has been an important part of the Connellsville community for more than 20 years and we look forward to continuing to serve the needs of our community well into the future.

"At the same time, we recognize that the facts in this case are not fully known and we await the results of an official investigation."

When contacted, Simon declined to further discuss the matter.

DelVecchio, meanwhile, said he has yet to file any action on behalf of his clients, but anticipates legal action will be taken in the near future.

"I am in the process of investigating. There is also an investigation being conducted by the state, and I'd like to see how that develops," he said. "My main mission right now is to see the kids get any help they need."

No More Duct Tape -- New Device to Help Airlines Restrain Unruly Passengers

Only in Florida.....Scroll down to see a pic of the "Buddy Bag" - a full body restraint device...Are those things even legal??? Truly frightening...

http://www.prweb.com/releases/gillen_industries/airline_restraint/prweb1740424.htm

Also mentioned on Coolest Gadets.com - http://www.coolest-gadgets.com/20090106/airline-passenger-restraint-device/

Airline Passenger Restraint Device from Gillen Industries gives airlines a faster, safer way to restrain out-of-control fliers.

The Villages, FL (PRWEB) January 6, 2009 -- Gillen Industries today announced that it has completed production of the Airline Passenger Restraint Device, a product designed to help the airline industry control unruly passengers.

The device, conceived by Florida inventor John Gillen, uses high-strength materials and an innovative design to help airline employees quickly and safely restrain individuals who pose a danger to themselves or other passengers during a flight. The device offers a vast improvement over present restraint methods.

"The Airline Passenger Restraint Device far exceeds duct tape and plastic wires when it comes to restraining unruly passengers quickly and safely," said Tammy Dickerson of Gillen Industries. "Used along with the plane's seat belt, the device gives peace of mind to crew members and passengers alike.

Gillen Industries, which has extensive experience designing restraint systems for the mental health and law enforcement industries, designed the device to be both safe and quick to deploy.

It is made of heavy duty, rip-stop nylon mesh fabric and reinforced with auto-type seat belt material, giving it superior strength. It restricts upper-body mobility while still allowing for total airflow to help prevent suffocation and heat exhaustion.

The center strap of the device features eight sewn-in "Dee-Rings" that attach to Velcro wrist straps. These rings are placed at intervals to accommodate a variety of arm lengths and body types, and their design enables users to quickly and simply immobilize an unruly passenger's arms and hands. The entire device is easily cleaned with a mild disinfectant solution.

Gillen said the device has received concurrence from the Federal Aviation Administration and the company is in demonstration talks with major airline security departments.

"We hope to quickly get them on the planes so the crew members and passengers can feel safe flying," Gillen said.

About Gillen Industries
A worldwide company located in Central Florida, Gillen designs straight jacket alternatives and patient restraint devices for the mental health and law enforcement industries. Its latest product, the Airline Passenger Restraint Device, is intended to help professionals in the air travel industry restrain unruly passengers.

Auto Type Seat Belt Material
Designed with speed and safety in mind
Restricts upper body movement and arms
Hook and loop closure adjusts to a wide range of anatomies
Can be cleaned conveniently with a mild disinfectant solution
Different Positions for Various Arm Lengths
Velcro for fast Application
Sewn In "Dee" Rings

Contact:
John Gillen, President
877-444-5536

NC: School Admits to Restraint Use

By Britt Combs The McDowell News
Published: November 24, 2008
http://www2.mcdowellnews.com/content/2008/nov/24/mom-school-admits-restraint-use/

A McDowell mother of a special needs child says school officials admitted that her son was restrained with a belt-like device and they've assured her it will not happen again.

Ann Watson alleged that her son, Jeremiah, 14, had been restrained at East McDowell Junior High without her permission.

She further said the system has purged documents that reflect poorly on the school system's handling of special needs students.

Last month she began noticing that Jeremiah was nervous, unable to sleep at night, and unusually upset. He began having incidents at school, including wetting his pants. Then earlier in this month, she got a call from the mother of a student at East. According to Watson, the caller said her daughter was upset about seeing Jeremiah tethered and being led on a leash at school.

Jeremiah is diagnosed as suffering from autism, she said. She homeschooled him for a number of years after an earlier conflict with administrators over speech therapy and other services for her son, she explained.

Marion Police Lieutenant Scott Spratt confirmed there was a complaint on file, although his ability to comment was limited, due to it being "a juvenile matter."

He said last week the incident "has been investigated and currently being followed up on."

Associate Superintendent Mike Murray said last Wednesday that the accusation was frustrating.
"We don't have devices," he insisted. "We don't use any torture apparatus or anything of the sort."

He said the system provides training for principals and other personnel in managing crisis situations, using the widely approved Crisis Prevention Institute (CPI) techniques.

"They have to get that training," he said, "and they have to recertify periodically. When it's updated or new material is approved, we take every opportunity to get the latest training and keep our folks up to date."

There are other school systems, he added, that go so far as to include isolation in padded rooms as a method of defusing a volatile situation with a distraught student, but not in McDowell.

"I would never allow something like that to happen," Murray said. "I will not be a part of that. The point of our training is to avoid any need for restraint or confinement."

Murray was unequivocal in his denial of Watson's claims.

"Nothing was used to restrain that student," he said. He said an internal investigation and a Marion Police investigation had both found there was no evidence to support the charge.

"She (Watson) has acted like we did something terrible to that student and that is not the case," he concluded.

Bob Rettmann, spokesman for CPI in Brookfield, Wisconsin, said CPI training teaches "verbal de-escalation techniques, and physical techniques as a last resort."

He said the physical techniques were basically holding moves, designed to avoid injury or painful contact.

Those are the extent of CPI techniques, he added. The use of devices of any kind "would be entirely outside our purview."

On Wednesday, The McDowell News heard from a school employee who spoke on condition of anonymity. The employee said that an inexperienced assistant in the class had used a belt to tether Jeremiah on as many as three occasions.

The employee said the belt was mainly used to help wheelchair-bound students into and out of their seat. The use of the belt on Jeremiah was inappropriate, the employee said, and training would ensue to make sure it would not happen again.

On Friday, Watson told The McDowell News she had had a meeting at East that morning with the principal, Exceptional Children's Services Director Chuck Aldridge, a lawyer for the school system and other school personnel.

Watson said school officials had apologized to her at that meeting. She said they assured her the belt had been discarded and would not be used again. With that assurance, she said, she planned to return her son to school.

"If no other child gets hurt," she concluded, "then some good will come of it."

The school system's policy manual includes policy 5200, dealing with discipline. The policy grants that personnel "may use reasonable force to control behavior … or to remove a person … to quell a disturbance threatening injury to others … for the protection of persons or property; or to maintain order," among other situations.

The policy makes no mention of restraining devices.

Policy 6403, addressing programs for exceptional children, provides for alternative placement if a student "is of significant risk to others or who is of significant risk from others…" but makes no mention of any form of restraint.