From The Beginning Authorities Had Written Complaint

After bringing my son home it was three weeks before I was able to convince him he was safe enough to step into our own fenced yard.

Originally posted October 30, 2010  I am reposting 3-1-2-11, I have yet to hear from the head of the Mental Health Division for Washington State, Richard Kellogg, who sent me an email on September 13, 2010 stating he would be in touch with me...

The following are emails between me and the Mental Health Division of the Department of Social and Health Services in Washington State.  Mr. Richard Kellogg is the head of the Mental Health Division.  The other party, Ronald Moorhead, who  is the Complaint Manager for the Division of Behavioral Health and Recovery.in my opinion, he is doing he is advised to do by the Washington State Attorney General's office and superiors at DSHS.  I knew who to complain to because I had in fact read Chapter 71.05 of the Revised Code of Washington, informally known as the Involuntary Treatment Act, a couple of months prior to my son's crisis.  That Washington State's NAMI affiliate is lobbying to strengthen already unconstitutional laws; and that NAMI has not responded to my complaints is evidence, in my opinion, who/what NAMI advocates for. NAMI never advocactes for victims of violent crime with a psychiatric diagnosis, or those who are experience negative effects due to having been given a psychiatric diagnosis.  NAMI never advocates for people who are greivously harmed, disabled or killed by psychiatric treatment.

It is as I am posting this October 29, 2010.  I  have yet to hear from Mr. Kellogg.  It has been six and one half weeks since Mr. Kellogg, who is the the head of the Mental Health Division, a component of Department and Social and Health Services in Washington State; told me I would hear from him about my complaint.  I am still waiting.

I will assume that in six and one half weeks Mr. Kellogg is still, as he stated on September 13, 2010:

 "looking into the concerns you have addressed to DBHR and what, if any, actions have been takesic or are appropriate.

I will communicate back with you when I have additional information/ and facts."

I wonder if I will get as detailed a report from him as he received from me?  Somehow, I doubt it.  

It is my belief that the investigation must wait until after the election.  I have voted, for people in whom I am currently disappointed, the lack of response to my concerns, is not like what I experienced when I sought help from their predecessors.  Former Senator Alex Deccio, and former Representative and Senator, Jim Clements both took concerns I took to them seriously, and acted upon them promptly; I had an ally, and was truly represented.  In fact, Mr. Deccio called weeks later to ask how my sons and I were doing--it is something my eldest and I have spoke of recently as we were very touched by his concern.

One more note on my initial report that immediately follows, it was written prior to obtaining the entire court record from the County Clerk, the entire record from the hospital of my son's stay, and a copy of everything that my son's attorney had as his representative.  That the facts are actually uglier than reported below is more than sad and disappointing.  The court order was signed by a Superior Court Judge, not a commissioner, as I believed when I wrote my initial complaint on the 7th of August.

From: Rebecca Murphy
Date: Tue, Aug 10, 2010 at 2:06 PM
To: @dshs.wa.gov

Here it is:

August 7, 2010

Statement of Rebecca L. Murphy regarding the proceedings In re the Detention of Isaac Murphy No. ____ 

On July 28, 2010 my son Isaac was accompanied by his brother, Nathan Murphy and myself to the Crisis Center at Central Washington Comprehensive Mental Health.  Isaac was experiencing a crisis and wanted to be hospitalized.  Nathan and I supported Isaac’s desire to be hospitalized.  

The following Monday I found out by accident that Isaac in fact was on an ITA.  I am puzzled as to how this could be.  Isaac wanted to go to the hospital.  Once there he did not try to leave, and he took medication given willingly.  I spent Tuesday, Wednesday, and Thursday trying to get any information on what the basis of this proceeding was held, to no avail.  The law is pretty clear in citing the criteria which must be met to lawfully obtain a civil commitment order:

RCW 71.05.150 2(a)ii

          “That the person has refused or failed to accept appropriate evaluation and treat-

           ment voluntarily”

The woman we spoke to at the crisis center, Nancy Sherman, I now know perjured herself.  On page 2 of  the Notice and Statement of Rights and Affidavit of Service she claims to have verbally notified me of her intention to seek an emergent involuntary commitment order.  I am further horrified to find the statement she asked me to write was used as an “Affidavit” to support her application for an emergent order for “involuntary” 

hospitalization.  She also falsely stated that Isaac threw a TV at my head.  In fact, he picked it up and dropped it--its huge awkward and heavy.  This exaggeration of what actually occurred  is unfortunate and unnecessary since Isaac wanted to go to the hospital.  It is fair to say that my sons and I feel betrayed, misled, and disrespected by this entire experience.  I am proud that even in crisis, Isaac was able to recognize he needed help and was willing to seek it.  CWCMH staff were dishonest with my family about the process 

which was occurring in the back office while we were in the waiting room at the crisis center, and dishonest with the court in the original petition, the subsequent petitions for 14-day “involuntary” commitment and the 90-day LRA.  The 14-day order was obtained August 2, 2010 and Isaac does not have a copy.  On August 4, Isaac’s Assigned Counsel, Jennifer Lemez, would not accept the form Isaac signed granting permission for Nathan and myself to confer with her and to see the court documents. 

 RCW 71.05.390(3)(a) says 

he has the right to release this information to anyone he chooses.  Ms. Lemez had no trouble taking his signature waiving his rights to a jury trial, independent examination, etc. to court on August 6 although by law this waiver is to be signed 24 hours before the hearing to which it applies.  Ms. Lemez had been informed by both Nathan and myself that Isaac was willing to be hospitalized, and had remained compliant with the care provided.  It is obvious she put on no defense for my son. 

The Legislative intent of Involuntary Commitment is outlined  

RCW 71.05.010 in part states:

          (1) “To prevent… and to eliminate legal disabilities                                                                                                                                                                                                                                                                                                                                       

           that arise from such commitment.”

          ( 3) “To safeguard individual rights;”  

In the Notes on Severability it states, “If any provision of this act or its provision to any person or circumstance is held to be invalid, the remainder of the act or the application of the provision to other persons or circumstance is not affected.”  [1998 c 297 § 58]The conditions which must be met to court order additional treatment are outlined in 

RCW 71.05.230  

         (2) The person has been advised of the need for voluntary treatment and the      

           professional staff of the facility has evidence that he or she has not in good faith   

           volunteered; and

         (4) The professional staff of the agency or facility or the designated mental health            

           professional has filed a petition for fourteen day involuntary detention or a ninety   

           day less restrictive alternative with the court.  The petition must be signed either    

           by:                   

          (a) Two physicians;

          (b) One physician and a mental health professional;

          (c) Two psychiatric advanced registered nurse practitioners;

          (d) One psychiatric advanced registered nurse practitioner and a mental health 

                 professional; or

           (e) A physician and a psychiatric advanced registered nurse practitioner.

As previously stated, a copy of the 14 day order obtained on Monday, August 2, 2010 has not been provided Isaac.  However, he was released prior to the 14 day order expired. LRA petition was sought by Dr. Jeffery Jennings.  This petition does not meet the standard in a significant requirement: Isaac was seeking to be hospitalized and was compliant with treatment.  This fact was not argued by his attorney.  The 14 day order was only 4 days old when the 90 day LRA was obtained.  

Three more protections the law defines: appointing the detained a defense attorney, the requirement that the person for whom involuntary commitment orders are sought is refusing treatment, the right of the respondent to an independent examination, and right to a jury trial.  The lack of defense put on by assigned counsel--blatant disregard for the time line and the requirement that 2 professional’s must attest that subsequent orders are necessary.   It is indeed frightening how my son’s civil rights were and continue to be so casually violated.  I am indeed grateful he is home and safe.  It is extremely difficult to not take this violation personally.  However, more than one individual has pointed out to me this is how mentally ill people are being “treated” every day.  Two days before this travesty began was the 20th Anniversary of the ADA.  The commitment laws passed in Washington State in recent years are morally repugnant, and do not conform to the Constitution of the United States.  Indeed these laws are contradictory to the Federal Mental Health Transformation Grant Washington State is now implementing as policy.  They are also contradictory to the Children’s Mental Health Initiative Systems of Care Grant that Yakima County received as part of this National and State wide transformation.  Self Determination: as in the inalienable right to life, liberty and the pursuit of happiness.  

To quote the National Council on Disability, 

“Laws that allow the use of involuntary treatments such as forced drugging and inpatient and outpatient commitment should be viewed as inherently suspect, because they are incompatible with the principle of self determination. Public policy needs to move in the direction of a totally voluntary community-based mental health system that safeguards human dignity and respects individual autonomy.”

A person whose attorney does not represent their interests is in effect, without counsel; a court order which is obtained using flawed information and outright lies told by mental health professionals is illegal.  A system which purports to protect the mentally ill by having these hearings secretively is not only misleading itself; it is perpetrating fraud.  A gross violation of my son’s civil rights resulted.  He is further stigmatized by now being 

falsely identified as having refused treatment!  It is truly a devastating experience to be stigmatized by the very “mental health professionals” in whom we placed our misguided trust.  When is Yakima County, GCBH, and DSHS going to hold CWCMH accountable? 

The Medicaid guidelines require that services be client directed.  Why an ambulance, a commissioner, a public defender, and prosecutor, be added expenses to a reportedly under funded system?  The cherry on the cake of this debacle was arriving at Memorial to hear a woman I did not know say to some people in the waiting area, “he came here willingly, but he was on an involuntary treatment order”  For a split second, I thought, “holy cow, somebody else?”  So, I said to the woman I now know  to be Isaac’s legal advocate, “That’s what happened to my son!”  The woman was immediately red in the face and stuttered something intelligibility.  The lack of ethics this woman has--scary if this is who is to represent those unfortunate enough to need representation in Yakima in “mental health” court.  

      

Please know this is an accurate account of what happened--forgive any inaccuracies in legal understanding.

Thank You

Becky Murphy

...choose for yourself this day whom you will serve...Joshua 24:15

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From:  (DSHS/HRSA/DBHR) @dshs.wa.gov
Date: Tue, Aug 10, 2010 at 4:09 PM
To: Rebecca Murphy

Thank you Ms. Murphy for your complaint.  Can you tell me where Isaac was hospitalized?

From: Rebecca Murphy
Sent: Tuesday, August 10, 2010 2:07 PM
To: (DSHS/HRSA/DBHR)
Subject: ITA my response

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From: Rebecca Murphy
Date: Tue, Aug 10, 2010 at 11:39 PM
To: (DSHS/HRSA/DBHR)" @dshs.wa.gov

Isaac was sent to Memorial Hospital here in Yakima.  Lourdes was also one of the options----if in fact an honest exchange had occurred upon our arrival at the crisis center run by CWCMH, that would have been told to Isaac.  Obviously, it would have made more sense to have him treated at the facility he receives his outpatient care!   Dr. Jennings did not consult with his current care providers, did not speak to Nathan, Isaac's brother, or myself while he was his attending physician.  All due respect, how can he say he ethically treated my son?  I am deeply saddened by the lack of ethics exhibited by both the mental health and the legal "professionals" in this instance...

Sincerely,

Becky Murphy

-- 

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From:  (DSHS/HRSA/DBHR) @dshs.wa.gov>
Date: Wed, Aug 11, 2010 at 9:32 AM
To: Rebecca Murphy

Thank you Ms. Murphy.  One of my colleagues wanted me to ask you if the public defender every contacted you or requested you to testify at time of  court hearing or did your son stipulate?

From: Rebecca Murphy
Sent: Tuesday, August 10, 2010 11:40 PM

Subject: Re: ITA my response

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From: Rebecca Murphy
Date: Wed, Aug 11, 2010 at 11:04 AM
To:  (DSHS/HRSA/DBHR)" @dshs.wa.gov

No, she did not.  I have no idea if Isaac "stipulated."  I am thoroughly disgusted that this order was obtained fraudulently.  That his attorney did not accept or act on the release Isaac signed as was his right, to grant his brother and myself the privilege of seeing the court record, and to talk to her.  That she sees no ethical lapse in failing to respect Isaac's desire to have his family involved and advising him/coercing (?) him to sign away his Constitutional Rights when she was aware that Nathan and I both had valid eye-witness testimony contradictory to what was alleged in obtaining the emergent and subsequent 14-day and 90 LRA.  We went to her office yesterday to help Isaac get a complete set of paperwork on all the proceedings.  Isaac is waiting for a call to make and appointment with her.  Oh, one more thing,  call her number and observe how difficult it is to actually get through to the person, or their voicemail that you are trying to call.  Now, imagine you are not as capable of following multi-step directions and you have to get in touch with your attorney.  509 574-1160.  Nathan and I both had difficulty navigating the options when calling Isaac's attorney's office.  It took me 4 attempts before I had pressed the correct option.

Regards,

Becky Murphy

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From: Rebecca Murphy
Date: Mon, Aug 16, 2010 at 2:55 PM

To: Steven Hill <Steven.Hill@co.yakima.wa.us>

Rebecca Murphy

Aug 11

I am more than disappointed in the staff at CWCMH as I'm sure you can imagine.  The egregious lack of professional ethics on the part of the "County Designated Mental Health Professional" who started this mess, compounded by the self-serving pompous psychiatrist who had no interest in the context of Isaac's crisis--no interest in Isaac's plan for his own treatment and recovery; no need to try to relate to his patient.  No need to pretend even that Isaac is a whole person, no need to discover what brought on this emotional crisis, no need to do anything but medicate him so heavily that the possible healing that may have been possible will now have to wait, the opportunity may not come again.  I am insulted as an educated person to discover the reason Dr. Jennings believed it necessary to obtain the 90 day LRA was "maintenance of the ethical integrity of the medical profession; and such medications are effective in treating patients such as the respondent,..."  That it is actually an option on the  commitment orders is frightening.  I want you to know that is the biggest load of self-serving crap I've read in a very long time.  These orders are supposedly to enable those too ill to obtain treatment themselves to be assisted by us, (society as a whole) to assist them in their time of need.  We, the general public and family members of those with mental illnesses rely on honest, ethical mental health professionals who execute this duty with integrity.  My son has been gravely harmed by the meds---This started at Child Study and Treatment Center where he was used as Dr. Jon McClellan's guinea pig as far as I could tell.  Informed Consent never occurred.  That man actually told me I had no say--my son was certainly in no condition to give informed consent.  In one 2 month period (the year my son turned 13) he used a total of 8 psychotropic drugs on my boy, 2 were actually approved for use in minors--and billable under medicaid.  3 anti psychotics(at the same time)  My son had an IQ of 146 at the age of 7--Let me assure you the evidence of that and of his personality are rarely seen any more.  My son has Tachycardia, sleep apnea, chronic constipation, excessive drooling, a pronounced limp, is cognitively altered, and has difficulty in standing up straight. These conditions all stem from his time in State paid care and are directly the result of either the drugs or the medical neglect (not receiving physical exams, diagnosis and treatment of physical problems, i.e. treatment for severely flat feet, physical therapy for his back--which I've been told at this point, it may be too late to correct the damage with prosthesis and therapy)    So, now maybe you can understand my being insulted by the substandard care my son received from CWCMH employees.  The fact of the matter is that I know from experience informed consent, and confidentiality are barely given lip service, client directed care is not truly on the agenda.  Isaac opted out of services at CWCMH because he did not believe his doctor, Dr. Rodenberger  listened to to him.  Having a Dr. and mental health professionals who respect, support, and treat as partners those they serve, is critical to developing the trust necessary for a therapeutic relationship to be established.  All due respect for Dr. Jennings and his "ethical integrity," he showed very little, if any, insight into how his own conduct was disrespectful and condescending.  His lack of regard was blatant.  To not even attempt to consult with Isaac's current provider's, or family in developing his court ordered medication plan, was evidence to me that he lacked both both ethics and integrity.  I am not anti medication; I am aware for the need for informed consent and client/family directed services.  Doctors have a right to practice the type of medicine they choose, as clients have the right to competent treatment by professionals who respect the morals, values and culture of those they serve.  It is obvious to me that those mental health professionals who adopt a "medical model" to the exclusion of other schools of thought are just as flawed in their thinking as those who are "anti" medication.  

The main difference is that nobody develops heart conditions, brain damage, diabetes, etc. as a "side-effect" of not taking anti-psychotics.  

Respectfully,

Becky Murphy

Rebecca Murphy  to kellore

show details Sep 13

Mr. Kellogg, 

I am extremely disappointed in the lack of appropriate response to my complaint alleging criminal behavior on the part of Medicaid providers of Mental Health Services in Yakima where I live.  I expected a real, timely investigation into my complaint.  That expectation was based on the belief that the department takes seriously complaints that the law has been broken by those who are in fact acting as agents of the State of Washington, under the umbrella of DSHS/BHR/MHD and all the Medicaid programs which DSHS is responsible for.

I will be forwarding all my communications to date to you, in hopes that the department will see it's way to addressing this further trauma that has been unjustly been laid at my family's feet.

Respectfully,

Becky Murphy

--
...choose for yourself this day whom you will serve...Joshua 24:15

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Kellogg, Richard  to me

show details Sep 13

Ms. Murphy:

I am looking into the concerns you have addressed to DBHR and what, if any, actions have been take or are appropriate.

I will communicate back with you when I have additional information/ and facts.

Thank you.

Richard E. Kellogg

Contact: Richard Kellogg, 360-725-1550, kellore@dshs.wa.gov