Showing posts with label Restraint Death. Show all posts
Showing posts with label Restraint Death. Show all posts

Tuesday, January 11, 2011

TX: Homicide ruled in 4th death at troubled kids' facility

Boy, 16, asphyxiated in November after being restrained inside a closet (Owens had refused to show the staffer what he was holding in his hand, which turned out to be the cap of a pen)

By TERRI LANGFORD HOUSTON CHRONICLE

Jan. 7, 2011

Texas - The restraint death of a 16-year-old boy at Daystar Residential Inc., a facility for troubled children, has been ruled a homicide caused by "complications of mechanical asphyxia," according to the Harris County Institute of Forensic Science.

Michael Kevin Owens suffocated and died on Nov. 5 after a Daystar staffer placed him in a physical restraint inside a bedroom closet because he would not show the staffer what he held in his hand. Owens' death was the fourth restraint-related fatality to occur at Daystar or its sister facilities. Daystar is located 25 miles south of Houston.

The name of the staffer has not been released, and the case will go before a grand jury to determine whether criminal charges will be filed, according to Brazoria County District Attorney Jeri Yenne.

Owens' death occurred just days after the Texas Department of Family and Protective Services notified Daystar that it was on probation, and the incident prompted the agency to place the Manvel-based facility, for the third time, under the watch of a state monitor.

The agency is reviewing the autopsy report, which was issued to them late Thursday.

"We have been going through a very deliberate process of evaluating Daystar's state license, and this ruling is an important piece," said Patrick Crimmins, DFPS' spokesman.

For more information, please follow the link: http://www.chron.com/disp/story.mpl/metropolitan/7369710.html

Monday, October 11, 2010

FL: Florida 'gutted' child restraint bill of most important protections, mother of restrained child says

From The Palm Beach News:

By PAT BEALL AND LAURA GREEN

Palm Beach Post Staff Writer

Updated: 11:59 a.m. Sunday, Oct. 10, 2010

Posted: 11:48 a.m. Sunday, Oct. 10, 2010

http://www.palmbeachpost.com/news/schools/florida-gutted-child-restraint-bill-of-most-important-964179.html

Port Orange Republican Dorothy Hukill's legislation restricting seclusion and restraint of Florida schoolchildren earned the state representative national notice.

"Florida was going to be the model for other states to follow," said Lori Mcllwain, a spokeswoman for the 10,000-member American Autism Association.

By the time it got to the governor's desk, though, Hukill's bill was stripped of its toughest provision: Instead of banning prone restraint, the bill was altered to bar restraint that can restrict a child's breathing.

"They took a good bill that had protective language for children with disabilities and gutted the bill, took out all the safety precautions," said Phyllis Musumeci, a mother whose son was forcibly held in a prone restraint more than 20 times at a Palm Beach County school. The Autism Association agreed: In a 180-degree turn, the group urged a letter writing campaign to persuade Gov. Charlie Crist to veto the bill.

"Was it as strong as I would have liked it to be? No," said Hukill of the new law, which took effect this year. "Am I delighted that we are finally addressing the problem? Absolutely."

***************

Even so, parts of the new law may not be as effective as hoped. Take training. Provisions call for enhanced training to offset risk. When it comes to prone restraint, though, Ohio's search of national literature doesn't support that idea, said Michael Rench, Ohio Rehabilitative Services Commission Administrator. Ohio last year banned prone restraint by most government employees, including teachers. "Everything we found was that it just is not safe even when applied by well-trained individuals," he said. As an example, Mark Kamleiter, a St. Petersburg lawyer and former public school behavioral specialist said prone restraint frequently calls for two or more people to apply force. One person may know the amount of force he is applying, but wouldn't necessarily know how much force the other person is applying. "You can hurt the child by accident," he points out.

For instance, 12-year-old Michael Wiltsie died in an Ocala youth camp in 2000 after a counselor pinned him to the ground. A grand jury found that the counselor was following proper procedures.

"You cannot train a person how to safely do a prone restraint," said Barbara Trader, executive director of TASH, a Washington advocacy group for people with disabilities. "It's not possible."

To read the full article, please follow the link: http://www.palmbeachpost.com/news/schools/florida-gutted-child-restraint-bill-of-most-important-964179.html

FL: Pinned down - Palm Beach County schoolchildren subdued with risky restraint

By PAT BEALL AND LAURA GREEN

Palm Beach Post Staff Writers

Updated: 11:12 a.m. Monday, Oct. 11, 2010

Posted: 9:06 a.m. Sunday, Oct. 10, 2010

http://www.palmbeachpost.com/news/schools/pinned-down-palm-beach-county-schoolchildren-subdued-with-964012.html?showComments=true&postingId=964015#commentsList

    A phone call tipped off Darlene Foster that something had gone wrong at Lantana Middle School.

"If this was my child, I would want to know," an anonymous teacher warned her. "They're restraining your son."

Foster and her husband raced to the school to find 12-year-old Joshua held down by five men. Two had pinned his arms to a mat, two held down his legs, and another had his knee in the back of the 80-pound boy, who has a curved spine.

Joshua, who also has autism and cerebral palsy, had refused to go to art class and would not move from the school courtyard.

Joshua was subjected to an especially harsh form of prone restraint, a maneuver in which the child is held face down until he stops struggling.

So risky that six states have banned it outright in schools, prone restraint remains legal in Florida: Palm Beach County schools have used it on disabled students more than 1,500 times since 2007, according to a Palm Beach Post analysis. Most were elementary schoolchildren. Some were in pre- kindergarten.

*****

Prone restraint is used to immobilize an out-of-control student. Typically, two or three adults pull a student from a standing position down to a mat or other surface onto his stomach, and hold his limbs down.

It's almost exclusively used with special education students.

Injury can occur several ways. Adults may accidentally compress a child's chest, cutting off his air supply: A Cornell University study cited asphyxia in 28 deaths of children or teens after prone restraint. Because the child is face down, it can be hard to see signs of distress. Improperly applied pressure can bruise, or break a bone. Students with cardiac or respiratory conditions such as asthma are at special risk of injury or death.

"The national research was just overwhelming," said Michael Rench, Ohio Rehabilitative Services Commission administrator and a player in Ohio's decision to ban prone restraint. "We could not imagine why we would do that to people. It just was not defensible."

Even absent physical harm, a child's experience of being pushed to the ground and forcibly held can trigger emotional trauma that shows up as depression, increased anger and fearfulness, according to studies by national disability rights groups.

To read the full article, please follow the link: http://tinyurl.com/27gwamg

Thursday, August 5, 2010

MO: Girl, 16, Dies During Restraint at an Already Troubled Hospital

BY BLYTHE BERNHARD • bbernhard@post-dispatch.com > 314-340-8129 AND JEREMY KOHLER • jkohler@post-dispatch.com > 314-340-8337 ©2010, St. Louis Post-Dispatch | Posted: Sunday, August 1, 2010 10:00 am |


The charge nurse found Alexis Evette Richie alone in a small room at SSM DePaul Health Center, motionless and sprawled facedown on a bean bag chair.

Minutes earlier, the 16-year-old foster child had tried to hit, scratch and bite staff members in the adolescent psychiatric ward. Two aides grabbed her arms and took her down a hall and into a small room called the "quiet room."

They held her facedown in the chair while a nurse injected a sedative into her hip. Alexis continued to struggle and then went limp.

The nurse and the two aides left without checking her pulse or making sure she was breathing.

Charge nurse Iris Blanks checked on her minutes later and didn't think Alexis looked right. An aide helped Blanks roll the girl over. Alexis wasn't breathing. Her pulse was faint.

It was 12 minutes after she stopped moving before anyone tried to revive Alexis. By then it was too late.

"Why did they leave her like that?" Blanks wailed over the phone to her daughter that night, according to a police report.

The "little girl," she said, "didn't have to die."

The medical examiner agreed, concluding that Alexis had suffocated on the bean bag chair. Her death on Oct. 26 was ruled a homicide.


For the full article, please follow the link: http://www.stltoday.com/news/local/metro/article_4a10ccdd-5d08-52bd-bfc5-c435014aa09b.html?mode=story

Thursday, June 17, 2010

VIDEO: The Jonathan Carey Story: The Killing of an Innocent Boy with Autism


Please view this moving tribute to the life and tragic death of Jonathan Carrey, who died at the age of 13 on February 15, 2007 after O.D. Heck Elementary staff physically restrained him in a van.

In 2004, Jonathan was abused in a private school for children with autism in Statsburg, New York. Staff secluded him in his bedroom for extensive periods of time, causing him to miss 8 days of school in one month – the room had been stripped of everything the child held dear: his toys, his books, even his pictures; the windows were covered so he could see nothing of the outside world, just the walls of his room.

He was repeatedly physically restrained by staff and suffered extensive bruising; bruising which went unreported by school staff, as required by law. Because he was mostly non-verbal, he could not tell his parents what happened…

Jonathan’s meals were also withheld for “behavior modification” for several weeks. When his parents questioned their son’s visible weight loss, the school told them their visitation was suspended for 4 weeks to allow for “intensive programming.” Jonathan’s parents immediately removed him from the school and reported allegations of abuse to the appropriate authorities.

Following the investigation, all records were immediately sealed and withheld from Jonathan’s parents.

His parents next placed Jonathan in a facility closer to his family’s home – but Jonathan was abused again and again, until finally, he died.

On May 5, 2007, Jonathan’s Law was passed in New York state to give parents and guardians access to their child’s records; no longer can records of abuse be sealed. His parents have also been instrumental in getting 6 more laws passed, including banning the withholding of food/meals for the disabled and changing the Standards of Abuse (Social Services Law 412), which was responsible for covering up incidences of abuse.

To learn more, please see http://jonathancareyfoundation.org., http://caica.org, and http://floridafamiliesagainstrestraint.blogspot.

Tuesday, April 13, 2010

VIDEO: America's Forgotten Children


This heart-wrenching video by Anna Moore and Nelson Rivera is a must see for anyone interested in learning more about the physical and emotional abuse our children have suffered in schools.

Children have been seriously injured - some have even died during restraints performed by school personnel, their deaths ruled by coroners as homicides - yet all-too-often no charges are filed nor is any disciplinary action taken against those who have caused those injuries or deaths.

In too many cases, schools willfully, knowingly, and deliberately cover up the abuse, even going so far as to manufacture evidence against the child or family. Then they assign blame to the child and/or family for the abuse. "If only he/she hadn't said/done that we wouldn't have needed to restraint him/her." Even if the child's behaviors/actions weren't violent or could be considered dangerous to themselves or others.

Some states also have laws which grant immunity to educators who harm children in schools - so they cannot be prosecuted.

State police departments and offices of protective services have turned families away who seek help - because the allegations involve a school or school personnel.

Why are schools and school personnel (legally) held to a different standard? This must stop!

Please watch the video, and if you are so inclined, forward the video to as many as you can.

Please also consider contacting your state lawmakers and ask for more protections for disabled children. Ask that those who intentionally harm children in our schools be held criminally accountable for assault, battery, or homicide where appropriate. Ask that those who work with disabled children be fully trained to recognize how "behaviors" can be part and parcel to the child's disability - that those "behaviors" are how those children communicate. Ask for training in other, safer, scientifically-based methods (such as PBIS) which could be used instead of aversives to "deal with" problem behaviors.

Thanks for your attention to this very serious matter!

Friday, February 12, 2010

PA: 10.5 Million Settlement in Omega Leach Strangulation Death at Chad Youth Enhancement Center


The family of a Philadelphia teenager who was strangled after being placed in a restraint hold at a Tennessee treatment center has settled a federal lawsuit against the facility for $10.5 million.

The family of Omega "Manny" Leach, 17, agreed to drop claims against the city and its Department of Human Services, which sent the troubled teen to the Chad Youth Enhancement Center despite warnings that it was dangerous.

A key piece of evidence, said family attorney Thomas R. Kline, was a photograph from a surveillance camera showing a Chad mental-health technician with both hands around Leach's neck as he pinned him to the floor.

Tennessee authorities ruled Leach's death a homicide, but the mental-health worker, Randall Rae, has not been charged with a crime.

Rae no longer works at Chad, and Philadelphia stopped sending emotionally troubled children there shortly after Leach's 2007 death.

*****

Chad, now the Oak Plains Academy, has been owned by Universal Health Services Inc., a for-profit company based in King of Prussia, since 2005. Leach's family agreed to drop the suit against UHS.

Daniel Sherry, an attorney for Chad and UHS, said the settlement, which was completed last Friday, did not include an admission of wrongdoing.

Related Stories:

TN Handle With Care

Wednesday, February 10, 2010

OH: 3 Employees Acquitted in Restraint Death



CLEVELAND — A jury on Tuesday acquitted three former employees of an Ohio treatment center for troubled teens of involuntary manslaughter in the death of a 17-year-old girl who suffocated and choked on her own vomit after being restrained facedown on the floor.

Cynthia King, Lazarita Menendez and Ebony Ray were also found not guilty of child endangering in the December 2008 death of Faith Finley. Menendez was also found not guilty of felonious assault and inciting to violence.

Menendez faced additional charges because she initiated the incident by taking Finley's CD player, which the disruptive 17-year-old used to calm herself, and shoved the girl's hand under her as she lay on the floor, prosecutors said.

The women, who pleaded not guilty, were fired from the Parmadale Family Services center after Finley's death. The Cuyahoga County coroner ruled Finley's death a homicide.

The type of restraint prosecutors say the women used was later banned by Gov. Ted Strickland at the recommendation of state agencies that said the technique carries a high risk of serious injury or death.

Ray, of Broadview Heights, and Menendez, of Bedford Heights, were accused of wrestling Finley to the ground on her chest and applying pressure to her back — a technique known as prone restraint — while King watched.

******

Center director Tom Mullen said Tuesday that the workers violated the center's personnel policies and will not be rehired.

A wrongful death lawsuit filed by Finley's family last year against Parmadale, Catholic Charities and the three workers was settled last month. The lawsuit had sought at least $50,000 in compensatory and punitive damages, but both parties were prohibited from discussing details of the agreement.


Wednesday, December 9, 2009

NV: Death of man who died in police struggle ruled homicide

By Tiffany Gibson (contact)
Published Wednesday, Dec. 9, 2009 | 1:51 p.m.

http://www.lasvegassun.com/news/2009/dec/09/death-man-who-died-police-struggle-ruled-homicide/

The death of a man who stopped breathing after Metro Police tried to subdue him by using a neck restraint has been ruled a homicide.

The Clark County Coroner's Office said Dustin Boone died Nov. 4 of cardiac pulmonary arrest, use of a neck restraint and significant other reasons related to dilated cardiomyopathy.

A coroner’s inquest has been scheduled for 9 a.m. on Dec. 18 at the Regional Justice Center before Justice of the Peace Melanie Andress-Tobiasson. Deputy District Attorney Christopher Laurent said he will ask witnesses to testify at the inquest in front of Andress-Tobiasson and a jury.

Laurent said the death was ruled a homicide but it doesn’t prove malice. He said the jury will decide whether the death was criminal, justified or excusable.

“An inquest hinges on what’s on the officer’s mind at the time,” Laurent said. “A jury will decide that and whether or not that’s reasonable.”

Metro Police are also investigating Boone’s death, Laurent said.

Monday, November 9, 2009

NV: Questions Raised of Police Restraint Techniques

POSTED: NOV 06, 2009 7:00 PM ESTUPDATED: NOV 06, 2009 9:26 PM ESThttp://www.lasvegasnow.com/Global/story.asp?S=11460760

The coroner has not yet determined the cause of death for two men who died while in Las Vegas police's custody. The first death happened Sunday night and the second was Wednesday night.

Police say both men started acting up and resisted arrest, so several officers had to restrain them. An autopsy will determine if drugs, alcohol or underlying medical conditions played a role in the deaths. The Clark County Coroner will also decide if a coroner's inquest is needed.

Weapons were not used in either of those cases. Officers relied only on tactical maneuvers to subdue each man. However back in the 90's, certain techniques used by officers to detain suspects had to be changed after several people died.

One specific case gained a lot of attention. Vice officers entered a man's home while he was sleeping. That led to a fight between him and officers and after the use of a chokehold, the man stopped breathing and eventually died.

As the body of Charles Bush was wheeled out of his apartment, questions started forming if officers had gone too far -- even causing the 39-year-old casino workers death. "In addition to going in with out a warrant, literally breaking and entering into his home and conducting an illegal search," said attorney Cal Potter. "Not only that, but they used excessive force and they used a chokehold."

After a corner's inquest found the officer's actions justified, Potter represented Bush's family in a civil suit against the Metropolitan Police Department. That suit caused Metro to adopt a new way of restraining a suspect. "Lateral vascular neck restraint is a situation where blood flow is reduced to the brain. Generally it is not done to the point of passing out because generally a suspect will comply when they feel themselves start to lose consciousness," said Capt. Randy Montandon.

However, with two back-to-back cases of men dying in police custody, one of them subdued using the neck restraint, new questions are being raised. "I think whenever you have these kinds of situations, it should raise eyebrows. It should raise questions. It should raise the matter of, is this the best possible way of handling these situations," said Allen Lichtenstein with the ACLU of Nevada.

Lichtenstein says this is not a matter of whether officers are the good guys or bad guys, but really one of training. "This is a matter that should be under review and revision and techniques should always be evaluated for how things can be done," he said.

Metro police does not want to comment about the questions concerning restraint holds until the investigation is complete on both these cases.

TX: Lubbock State School worker turns himself in

09:15 AM CST on Saturday, November 7, 2009
The Associated Press
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-stateschool_07met.ART.State.Edition1.4badeb0.html

LUBBOCK – The fired Lubbock State School worker accused in the death of a resident has turned himself in.

Thirty-eight-year-old Doneil Smith was indicted on a manslaughter charge last month.

He remains in Lubbock County Jail with bail set at $50,000.

A woman at the office of his attorney, Frederick Stangl, said Stangl was unavailable to comment Friday.

A coroner ruled that the death in June of Michael Nicholson, 45, was caused by suffocation during a struggle.

The Lubbock Avalanche-Journal reports that agency documents indicate Smith allegedly restrained Nicholson by sitting on him.

Six state school workers, including Smith, were fired after the incident. Laura Albrecht, spokeswoman for the Texas Department of Aging and Disability Services, says the firings were tied to the "physical abuse and neglect" of a resident.

The school is now called the Lubbock State Supported Living Center.

Wednesday, November 4, 2009

TX: Disabled students restrained, injured in public schools

From The Texas Tribune

Wednesday, November 4, 2009

http://www.texastribune.org/stories/2009/nov/02/disabled-students-restrained-public-schools/

AUSTIN – Texas educators forcibly pinned down students with disabilities more than 18,000 times in the last school year, sometimes injuring them in the process.

A Texas Tribune review of state data shows public school educators used so-called “physical restraints” – a tool to control or discipline students with disabilities – roughly 100 times a day during the 2007-08 school year.

That year, school staff restrained four of every 100 special education students, with some students being restrained dozens of times. More than 40 percent of restrained youth suffered from emotional problems like post-traumatic stress disorder; nearly 20 percent were autistic.

Educators say restraints are sometimes the only way to prevent disasters. They point to the September 2009 case of a 16-year-old Tyler special education student who fatally stabbed his music teacher in a classroom.

But disability rights advocates say the numbers point to a crisis in Texas special education. They say teachers are resorting to physical restraints because they aren’t properly trained to manage their students’ disabilities – posing a threat to vulnerable children and to themselves.

Their concerns were echoed in Washington this spring, where a federal agency exposed thousands of restraints – including several deaths – of special education students in schools nationwide. In many cases, the U.S. Government Accountability Office found restraints were performed on children who weren’t physically aggressive, and by teachers who weren’t trained to use them.

“It’s a dangerous intervention, both for students and for staff,” said Steve Elliot, an attorney for Advocacy Inc., the state’s federally funded abuse watchdog group. “We’ve had students die in Texas because of restraints, and staff members report injuries. There are less intrusive ways to intervene when inappropriate behavior arises.”

Educators say restraints are only used as a last resort, when all other methods to intervene have failed. When properly used, they immobilize students who are a physical danger to themselves or their classmates without injuring them.

But even with proper training, they’re risky. Restraints can easily lead to scrapes, bruises and broken bones, and too much chest pressure can block air to the lungs.

Between 2002 and 2004, a profoundly disabled teenager was restrained 40 times at her Kemp, Texas high school; in one incident, her family says, educators broke a $100,000 device surgically implanted in the girl to prevent seizures.

In 2004, an emotionally disturbed boy trying to leave the classroom for lunch died of suffocation after his Killeen teacher sat on him to restrain him.

The Texas school districts with the highest restraint rates say there’s no crisis: Some say they’ve been over-reporting the numbers; others say they have tougher special education populations than their peers. But many say they’ve been working in the last year to improve training and provide teachers with alternative strategies, and that their restraint numbers are dropping steadily.

“Our numbers were very high,” acknowledged Austin ISD special education director Janna Lilly. The district saw its restraints drop from 1,007 to 790 in the last two years after it hired a full-time student aggression specialist and started focusing on “positive behavior supports” -- techniques to calm students without getting physical.

“We’re not out of the woods,” Lilly said, “but our numbers are now lower than other districts with fewer special education students.”

Officials with the Texas Education Agency say they started collecting special education restraint data and training teachers in restraint alternatives in 2004, after the Killeen boy’s restraint death. School districts are not required to track restraints of students in the general education population.

“There wouldn’t have been all of this work done if this wasn’t a concern,” said Kathy Clayton, the state director of special education. “There’s a heightened awareness now.”

But she said there’s no way to tell if Texas’ numbers are low or high. Only three other states record restraint data, and they don’t record it the same way Texas does. And she said even Texas’ numbers may be exaggerated because of inconsistencies in the way districts have reported restraints. The state doesn’t keep data on restraint-related injuries.

“It makes it very difficult to be able to look at any trends,” she said.

Advocates for people with disabilities say the comparison isn't that tough to make.

California – which has 2 million more public school students than Texas – reported about 14,000 instances of restraint, seclusion, or other emergency interventions during the 2007-08 school year. Texas had 18,000 instances of restraint alone.

Texas’ numbers could also be low. They’re self-reported by the school districts, the advocates say, and don’t account for the many restraints performed by on-campus peace officers and other school district police, who aren’t required to report to the state.

“Because they don’t have to report it, school districts will often call in a police officer to make a restraint, instead of having the teacher do it,” said Deborah Fowler, an attorney with the legal advocacy group Texas Appleseed.

Friday, June 5, 2009

Torture in America's Schools

From the Wall Street Journal
By JAMES TARANTO
http://online.wsj.com/article/SB124412724085285291.html?mod=googlenews_wsj

Last month the Government Accountability Office issued a shocking report on "selected cases of death and abuse"--not at Guantanamo Bay or other detention facilities for terrorists, but at schools for American children:

GAO also examined the details of 10 restraint and seclusion cases in which there was a criminal conviction, a finding of civil or administrative liability, or a large financial settlement. The cases share the following common themes: they involved children with disabilities who were restrained and secluded, often in cases where they were not physically aggressive and their parents did not give consent; restraints that block air to the lungs can be deadly; teachers and staff in the cases were often not trained on the use of seclusions and restraints; and teachers and staff from at least 5 of the 10 cases continue to be employed as educators.

The 10 cases involved children ranging in age from 4 to 14, and eight of the cases occurred at government schools. Here is just a sample:

At a public school in West Virginia, a 4-year-old girl with cerebral palsy and autism "was 'uncooperative,' so teachers restrained her in a chair with multiple leather straps that resembled a 'miniature electric chair.' " The girl was later diagnosed with posttraumatic stress disorder. "At least one of the three teachers responsible" is still at the school.

At a Texas public school, a 230-pound "special education teacher" placed a 129-pound boy of 14 "into a prone restraint and lay on top of him because he would not stay seated." The student died. The case was ruled a homicide but no charges were filed. The teacher "currently teaches in Virginia and is licensed to instruct children with disabilities."

In a California public school, the teacher of a 7-year-old autistic girl "secluded child in a walled off area because she refused to do work, sat on top of her because she was wiggling a loose tooth, and repeatedly restrained and abused her." The teacher "left the school but began teaching again in a different school district."

"GAO could not determine whether allegations were widespread," the report disclaims, but it makes clear they are more widespread than just the 10 cited cases:

GAO did find hundreds of cases of alleged abuse and death related to the use of these methods on school children during the past two decades. Examples of these cases include a 7 year old purportedly dying after being held face down for hours by school staff, 5 year olds allegedly being tied to chairs with bungee cords and duct tape by their teacher and suffering broken arms and bloody noses, and a 13 year old reportedly hanging himself in a seclusion room after prolonged confinement.

When the report came out on May 19, we figured it would be a good opportunity to find common ground with politicians and commentators who've been complaining for years about the "torture" of terrorists. We figured President Obama would issue an executive order banning torture in schools, the New York Times would publish an indignant editorial, Dick Durbin would take to the Senate floor to declare that the teachers unions remind him of the Gestapo, and that nut who writes for The Atlantic would proclaim himself "shocked to the core."

We were going to respond by saying that although we think there are circumstances under which it is justifiable to treat terrorists roughly, all good people can agree that torturing schoolchildren is categorically wrong. But we didn't have anything to respond to. As far as we are aware, the GAO's findings have been greeted with silence by the leading self-proclaimed "torture" opponents--though Education Secretary Arne Duncan did tepidly promise "he will ask state school chiefs around the country about the use of restraints and confinement of pupils in the classroom," according to the Associated Press.

Where's the outrage? Could it be that all the complaining about "torture" was but a pretext for some less noble agenda?

Saturday, May 23, 2009

Video: Deadly Restraints by Freedom Magazine TV Report

From Freedom Magazine TV:

"It may be stating the obvious that treatment is not supposed to kill a patient. Yet this happens under the watchful eye of psychiatrists virtually every day through psychiatric drugs, restraints, brutality, assault and neglect.

Horror stories have recently emerged of children dying strapped to beds and chairs.

Learn about these abuses and more on this edition of Freedom Magazine as we expose psychiatry's deadly restraints.

Produced & Directed by Ron Savelo"

Part 1: http://www.youtube.com/watch?v=7Rj5-Y65618&feature=related


Part 2: http://www.youtube.com/watch?v=sQv8OsUF7k0&feature=related


Part 3: http://www.youtube.com/watch?v=fr52B8mMhPo&feature=related

VIDEO: Restraint & Seclusion - Deadly Restraints

From Hard Copy: Death by Restraint in Group Homes

PA: Is a license to teach also a license to kill?



From Examiner.com

By Robin Hansen, Special Education Examiner

http://www.examiner.com/x-4959-Special-Education-Examiner~y2009m5d23-Is-a-license-to-teach-also-a-license-to-kill

May 23, 12:28 AM

On Tuesday, May 19, the House Committee on Education and Labor held a hearing to examine abusive and deadly uses of seclusion and restraint in U.S. schools. Seclusion and restraint are physical interventions used by teachers and other school staff to prevent students from hurting themselves or others. 

Ms. Toni Price gave heart wenching testimony.  Her foster son Cedric was the victim of a sadistic special education teacher who deliberately refused to follow the Individual Education Plan.  When he was a young child, Cedric had been the victim of repeated starvation.   As a result, he would panic if food was with held from him.   Cedric's classroom teacher knew this fact, yet she would  deliberately withhold his lunch.  As a result Cedric's panic would escalate.  Cedric's behavior gave the teacher an excuse to restrain and sit on him.   She killed him.   She was never convicted of any crime.  Being "only" a foster mother, Toni Price was not allowed to press charges.  The teacher, who murdered Cedric is still out  there teaching children.

Here is Cedric's story in Toni Price's own words:

Thank you, Chairman Miller and the Committee, for holding this hearing today and inviting me to share my story with you. My name is Toni Price. I am a foster mother, and Cedric was my foster son.

By the time Cedric came to my home at the age of 12, he’d been through a lot in his short life. His parents neglected him and his siblings and abused them both physically and emotionally.  They were underfed and food was withheld from them. Cedric, the oldest, used to go rummaging for food for himself and his siblings.  He'd scavenge through trash cans. Cedric began stealing food, and was caught stealing from a grocery store. Never knowing when he'd have his next meal, food was something Cedric became very sensitive about.

At 9 years old, his parents lost parental rights to Cedric and his siblings. His aunt and grandmother had also lost their rights to guardianship. Cedric went to many foster homes but struggled. After a number of unsuccessful placements, Cedric was sent to a boot camp facility,north of Killeen. Unfortunately, at this boot camp, he experienced more abuse. He had a prominent scar on his face from being beaten with a shovel by a boot camp supervisor.

It was after that facility that he came to live with my family and me at the age of 12. Despite his experiences, Cedric came to me with a smile. He was very jovial, and truly loved to smile. He liked to bike, go bowling, and feed the ducks in a pond near our house. When he had extra energy, he loved to run to the end of our driveway and back. He got along well with the other children in the house, particularly my son, because he'd always wanted a big brother. They played a lot of basketball together. I remember at church Cedric wanted to be in a play, but there were no parts for him. He got this big smile on his face and said: “I know a part!” and went and stood on the stage. The director said “Okay, you can be an angel.”

I knew he was sensitive about food, so I said he could have anything in the kitchen, he just had to tell me. Cedric had behavioral problems, but they were never physical and he was never aggressive. We were able to find solutions to his misbehaving that worked. Once he stole a bag of chips from the kitchen. I made him pay me back. It was a consequence that worked. He didn’t like parting with his allowance, and learned his lesson about stealing. But it was a consequence that didn’t bring any of his previous abuse up to the surface. His therapist asked him once to describe a safe place. His answer was in a cave with solid rock walls, a steel door, and lots of food. Even though he was well fed at my home, food was a trigger for Cedric from the trauma of his childhood.

Cedric enrolled in a public middle school. He was placed in a class for students with behavioral problems. His first year in the school, in seventh grade, he had no problems. I didn’t get phone calls, and he did well in school.

His eighth grade year, with a different teacher, he had a number of problems. He did not get along with the teacher, and would always say to me “I don’t think this teacher likes me.” I’d reassure him that she did. I got frequent calls from his teacher that year about verbal aggression,though I never got calls about physical aggression. I would ask the teacher to put Cedric on the phone and say: “Cedric, you know you have to do your work.” He’d say: “yes ma’am.” Sometimes Cedric would get in trouble at school for stealing food. But what I learned later was that in his classroom he was being withheld food as punishment for acting out. The morning of his death, Cedric was put on what the teacher called a “delayed lunch” because he stopped working around 11am. This was, apparently, a common punishment for him.

At 1pm Cedric got in more trouble when, still not having lunch, he was caught trying to steal candy. After 2:30, he still hadn’t been allowed to eat his lunch, and got up to leave the classroom. After Cedric attempted to leave the classroom, he refused to sit back down in his chair so his teacher forced him into his chair and restrained him. She is roughly six feet tall and weighs over two hundred thirty pounds. Cedric was short- he was a little boy. Cedric struggled as he was being held in his chair, so the teacher put him in a face down, or in a prone restraint, and sat on him. He struggled and said repeatedly: “I can’t breathe.” “If you can speak, you can breathe,” she snapped at him. Shortly after that, he stopped speaking and he stopped struggling. He stopped moving at all. The teacher continued to restrain him. Finally the teacher and aide put Cedric back in his chair. The aide wiped drool off his mouth and they sat him up. But he slumped over and slipped out of his chair. Precious minutes passed by before a nurse was called.

I received a call at work that Cedric was not breathing and that an ambulance had been called. I rushed up to the school, not completely clear what was going on or what had happened. When I got to the school, my son was lying on the floor with a paramedic beside him. I knelt down and said: “Cedric, get up. You’re not going to be in any trouble.” But Cedric didn’t move, and instead, the paramedic stood me up. My son was dead. I didn’t know the school was practicing restraint techniques on Cedric. I didn’t know they were withholding food as a form of punishment. In fact, when I initially enrolled him at the school, I told administrators he’d been withheld food as a child and it was traumatic. When this teacher was having trouble with Cedric, I told her about my techniques with handling him at home. I tried to help her because Cedric was not a bad kid. He had come so far, and had such success in the seventh grade. I knew that he could be successful in the eighth. The school never held meetings with me to address any behavioral problems. Aside from calls from his teacher, I didn’t know the extent to which Cedric was getting in trouble and what they were doing to him.

After his death, nobody from the school came for calling hours. The superintendent and the principal of the school wrote a letter of condolence. Nobody offered any help because I was just a foster mother. Days later, the teacher called, and my husband answered the phone. But instead of a heartfelt apology, she explained that she was just doing her job. She showed no sympathy, no compassion, no guilt.This teacher took a child’s life. But she also caused a lot of damage to his classmates, many of who were victims of trauma already. Those kids who witnessed it already had behavioral problems. His classmates and their parents were forbidden to talk to me. But for many of the children, witnessing the abuse of Cedric was so traumatic for them that they spoke, and in turn, their parents spoke to me.

After I read the autopsy report, I was taken aback at how much a school can get away with. Cedric’s death was ruled a homicide. The school policy allows for “therapeutic floor holds” when a child is endangering himself or others. Here Cedric was not endangering himself or others. This floor hold should not have been done.

The teacher’s previous treatment was reviewed and no problems were found with her conduct. No legal action was taken against this teacher, and as a foster mother, I didn’t have the right to press charges. Eventually a judge found this teacher’s actions to be reckless, and Cedric’s death not an accident.But she never received a criminal record or any kind of sentence. She was placed on a Texas registry for being abusive to children. But that registry only applies to Texas, and I have been told that this teacher now teaches at a public high school in Northern Virginia. Her Virginia teaching license shows her credentials to be K-12 special education. If that teacher was just doing her job, then something is very wrong with the system.

If I’d treated Cedric that way at home, I’d be in jail. I want to make sure this doesn’t happen to anyone else’s child. It is awful the way Cedric died. He was a good kid. This should have never happened. The morning Cedric died, as he was boarding the bus, he turned around and got a beaming smile on his face, and said to me “You know I love you, ma.” He was a good kid.

For more info: edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml.