Informs me he is aware of my concerns and is monitoring the situation!
Rebecca Murphy
Mon, Aug 30, 2010 at 9:59 AM
To: Kevin Bouchey
Mr. Bouchey,
I want you to be aware that I have been told that all hard copies of the paperwork generated by CWCMH in the Emergency commitment of my son have been destroyed. I was told they were shredded. This is highly illegal. I am still amazed that this agency apparently has no respect for the contract they have with Yakima County, or the laws of the State of Washington.
I realize that I requested what may seem to some, outrageous demands to correct the conditions and hold accountable individuals who failed to maintain ethical standards and or duties in regards to contracts and the law in the involuntary commitment of my son, Isaac.
Please know this is only the latest debacle that CWCMH and Yakima County Human Services have created and or caused by failing to do what is required ethically and morally in Isaac's care. To say I am tired of the lack of accountability, would be like saying Mother Theresa was a little bit Catholic. Isaac was in Child Study and Treatment Center for 2 years after he no longer need to be there because Steve Hill failed to do his job. His care for that period cost close to a half a million dollar! Ultimately, Catholic Community Services out of Pierce County facilitated his return home, because CWCMH refused, as it had no interest in abiding by it's contract with Yakima County. That CWCMH has been allowed to abdicate their contractual obligation to the most needy of Yakima County's youth for decades under Steve Hill's watch is criminal.
I have lived in this community since 1993. I moved here because I was born here and believed I would be able to recover and help my child heal from the trauma he experienced in foster care. Isaac was repeatedly beaten and locked in a closet. The woman who did this to my precious boy, killed 4 babies in this state as a foster parent. That was the beginning of his life-long difficulties. A system that should have bent over backwards to address the serious harm done my son while in it's care made me fight for what help I did get for him. To say that it has been a long road would not truly describe the affront to my sense of decency; the belief that given an opportunity people will do the right thing is gone. I trust God, but some of his people disgust me. That I have been maligned because I have and will name names and report events in which public servants/employees fail to do what is required, is not what bothers me. What bothers me is my son was and continues to be victimized by those who are purporting to act in his best interest and for the public good.
I was raised to by moral people who taught me the meaning of integrity. My Dad was a farmer and my parents raised 13 children. My Dad was active in the Farm Bureau and the GOP and many times went to the State Legislature to advocate for farmers, families and children. The most important lesson I learned from my Dad is no matter what anybody else does--have integrity:"you can't make the right thing happen by doing something wrong."
My point, I hope, is obvious: If in fact employees of CWCMH were trying to do the "right thing," why did they have break so many rules, policies, and ignore the law? They made a mockery of the Yakima County prosecutor's office, and the Yakima County Superior Court. I wish to remind you that my son, Isaac wanted to go to the hospital. He has never refused to take medication as prescribed.
Here are what other's have said about involuntary commitment:
"The mental health establishment has snowed the American people: it launches the most unimaginable brutal psychological and physical assault on human beings in distress, calls this 'medical treatment', and then blames the outcome on 'mental illness'.
Seth Farber, PhD
"Clearly this business of treating minds, particularly this big business of treating young minds, has not policed itself, and has no incentive to put a stop to the kinds of fraudulent and unethical practices that are going on."
Pat Schroeder, U.S. Representative, 1992
"...legal systems have been established in a majority of states for involuntary and compulsory hospitalization and treatment of neurosis. These state laws have been based on a prototype bill published originally by the Federal Security Agency of the Public Health Service, now a part of the Department of Health, Education & Welfare. Entitled a Draft Act Governing Hospitalization of the Mentally Ill, it is, in fact, a skeleton bill designed for adoption uniformly by federal, state, and territorial governments to radically alter commitment procedures... if you won't consent to voluntary treatment, a police officer can arrest you. You can be subjected to 3 to 5 days of treatment of the psychiatrist's choosing before you even get a hearing to protect your rights in most states. Treatment can include electric shock treatments, chemotherapy, hypnosis or conceivably a frontal lobotomy... Basically, all that is necessary to revoke all the constitutional rights of any citizen is to accuse him of being mentally-ill."
John A. Stormer, "None Dare Call it Treason"
This last one is from the Washington State Supreme Court Justice Sanders:
"Deprivation of these statutory rights in the context of such a massive curtailment of liberty as commitment to a mental institution also constitutes a deprivation of that process due under the 14th Amendment to the United States Constitution because the deprivation is without lawful authority," Justice Richard Sanders
How many others have been Involuntarily Committed by CWCMH when seeking to be hospitalized? I am certain my son was not singled out. I suspect they are not used to having their petitions even questioned--not even by assigned counsel for the accused!
Respectfully,
Becky Murphy
"I believe we must speak our conscience in moments that demand it, even if we are but one voice." Richard Sanders
notification
Rebecca Murphy
Tue, Aug 31, 2010 at 4:37 PM
To: "Moorhead, Ronald (DSHS/HRSA/DBHR)"
Mr. Moorhead,
I am indeed saddened by the lack of accountability exhibited by so many. I will indeed take your advice and follow up with the RSN. However, I am also taking the advice of others who advise that a complaint with HHS Office of Civil Rights and a report to the FBI of the crime of forgery among others is also necessary. I am now in possession of the documents that allow me to know that Nancy Sherman, and Dr. Jeffery Jennings broke the law, and did not follow the policies and procedures established by GCBH in their contract with CWCMH to ensure the involuntary commitment law is implemented lawfully. I am telling you this because the HHS complaint form asks if I have reported this matter to any one prior to filing the complaint, and I will need to share that I reported it to you and the FBI. The differences in the court paperwork provided my son at the hospital, the paperwork he got from his attorney, and the copy of the entire court record he obtained from the clerk of the Superior court have major differences. The most glaring is that what Isaac was given was paltry, nothing close to what the law requires--copies of all documents. That he had to pay .50 a page to obtain the entire record on file with the court is ridiculous to say the least. Isaac was given 13 pages of documents, 29 pages were filed with the court, and there were 31 pages in the record he received from his attorney. The witness list and the forged document, Witness Statement form MHP-7 (7/01) were not filed with the court , but were in fact part of the record his attorney had. On the petition for the 72 Emergency Detainment Nancy Sherman testified that she gave me verbal notice and that this "witness statement" is attached to her petition. It is obvious to me that it is not accidental that these 3 pages are not part of the court record. Given the conversations both Nathan, Isaac's brother, and I had with Isaac's Assigned Counsel, Jennifer Lesmez, and the fact she was in possession of a copy of the forged document and the witness list are evidence to me she put on NO defense for my son. The deputy Prosecutor, Dan Polage was also in possession of these documents. Both he and Dr. Jennings were required by law to notify me of the hearing that took place on August 2nd and failed to do so. Central Washington Comprehensive Mental Health is also required by law to keep the original documents on file until the expiration of the court order. Isaac and I were informed that all documents have been shredded. It is policy I am told. I have filed a complaint with the Department of Justice Office of Civil Rights, Criminal Division. I have also forwarded my complaint to the Governor's office.
Forgery, purgery, prosecutorial and defense counsel misconduct are actions that are not excusable. And as for the RSN, the ombudman tells me that they can do nothing about the court order--they have no authority. I have to protect my son from the mental health professionals and the representatives our society entrusts to implement programs, policies and procedures and the laws from whence they are derived. I would much rather just take care of my son's daily needs. The mistreatment of my son by employees of the State of Washington, Yakima County and Central Washington Comprehensive Mental Health is being read by people all aver the globe. It is still my hope that maybe for the first time, somebody will do the right thing.
Respectfully,
Becky Murphy
--
...choose for yourself this day whom you will serve...Joshua 24:15
Moorhead, Ronald (DSHS/HRSA/DBHR)
Wed, Sep 1, 2010 at 10:16 AM
To: Rebecca Murphy
Cc: "Reed, David L. (DSHS/HRSA/DBHR)" , "San Nicolas, Ronald J. (DSHS/HRSA/DBHR)"
Ms. Murphy, thank you for your email. If I had not done so before, I would suggest you contact the following organizations and/or agency’s regarding your allegations. You may contact:
· The Administrator of the Superior Court of the State of Washington for Yakima County to address the concerns you have your son’s court hearing.
· The Commission on Judicial Conduct re the judge who presided over your son’s case.
· The supervisor of Deputy Prosecutor, Dan Polage at the Yakima County Prosecuting Attorney’s Office to explain your concerns to him/her.
· You may report your concerns to Jennifer Lesmez’s supervisor too.
· The Washington State Bar Association to make a complaint on both Mr. Poage and Ms. Lesmez.
DBHR does not have the authority to address the legal issues you speak of below. What the RSN and DBHR can investigate are your concerns regarding how the MH system performed.
RE: gross violation of the law
Inbox
 Reply
Johnson, Rep. Norm
to me
show details Sep 1
Representative Johnson wanted you to know that his office is looking into the issue you described regarding your son and the Crisis Center at Central Washington comprehensive Mental Health. He understands that this is a difficult, strained and disappointing time for you.
When we have some information regarding this issue we will be in contact with you. If you have any questions in the meantime please do not hesitate to call Representative Norm Johnson’s office. – 360-786-7810.
Sincerely, Michele Smith Senior Legislative Assistant to Representative Norm Johnson
Leg 426 A
P.O. Box 40600 Olympia, WA 98504 Telephone: 360-786-7810
What do I want you to do?
1 message
Rebecca Murphy
Wed, Sep 1, 2010 at 7:35 PM
To: Representative Norm Johnson
Cc: Senator Curtis King , Representative Charles Ross
Mr. Johnson,
I spoke with a member of your staff today who asked me more three times what do I want you to do about the crimes that were perpetrated against my son by Nancy Sherman, Dr. Jeffery Jennings, Deputy District Attorney Dan Polage, and Assigned Counsel Jennifer Lesmez. Well I would have thought it would be obvious. I guess I just believed based on the the experiences I had in seeking assistance from Jim Clements, former Representative of the 14th District, and former Senator Alex Deccio; that I would be heard, and REPRESENTED---get a phone call from a single one of you men who I voted for! As to what specific remedy you and Senator King, and Charles Ross can assist with I can honestly say I did not expect you to "solve" this problem. I can tell you that I have been aware for years that CWCMH as a matter of course breaks the law, violates the ethics guidelines of the medical profession, violates individual civil rights, ignores the need for informed consent, does not provide client-directed services, as Medicaid guidelines require. I am horrified that this agency is to lead the effort to transform the mental health service system for children in Yakima County. Obviously that decision was made by "professionals" that are members of the good old boy network: Steve Hill, Director of Human Services and Rick Weaver, CEO of CWCMH are two men who wouldn't know an ethics guideline or a Conflict of Interest were if they were planted on their faces. I know 3 people that when I met them had no physical or cognitive disabilities, that now do as a result to getting "treatment" from Comprehensive. They have the awful "side effects" of tardive diskenesia and cognitive impairment that are known to be caused by antipsychotics. These people are my friends who no longer have the ability to take care of themselves as they once did. Make no mistake, the psychosis that is part of their diagnosis does not cause cognitive impairment or the debilitating awful grimacing, jaw thrusting and trunk twisting that is tardive diskenesia. They are in fact evidence of neurological/brain damage that these drugs cause. Add to that diabetes, and 25 years taken off the average life span for patients "treated" with antipsychotic drugs and what you have is the standard outcome. This is the "treatment" that the State of Washington now sentences people to by the court orders that demand these drugs be given by force of law. I personally believe that the stigma attached to a diagnosis of mental illness was spawned in the psychiatric community--unethical practioners who aid the pharmaceutical industry in perpetrating this fraud on the American People. If Legislators are interested in cutting the cost of mental heath services, require that Medicaid guidelines be followed--Services need to be Client-Directed, Informed Consent needs to be given more than lip service--it needs to actually occur; and evidence-based treatments be provided. Antipsychotics and other psychotropic drugs are not Evidenced Based Treatments. They have been the standard. They have been most often used treatment; and frequently the only treatment provided those diagnosed with mental illness; but make no mistake, that is not what constitutes evidenced based practice.
Respectfully,
Becky Murphy
Complaint investigation information
| Moorhead, Ronald (DSHS/HRSA/DBHR) | Fri, Sep 10, 2010 at 3:29 PM |
To: Rebecca Murphy
Cc: "Weston, David B. (DSHS/HRSA/DBHR)"
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Good afternoon Ms. Murphy, it was nice to talk to you the other day. I want to inform you that the Division of Behavioral Health and Recovery (DBHR) will review the following issues when we investigate your complaint:
· If your son was notified of his patient rights prior to his 14 day detention and 90 day Less restrictive Agreement; and,
· If he was ever offered a less restrictive alternative.
Before we investigate the complaint I would like to hear from your son to see if he wishes us to proceed with the complaint. If your son wishes for DBHR to proceed,we may be able to review this complaint within the next 45 days from the time he notifies us.
Sincerely,
Ron Moorhead
Ron Moorhead, Incident/Complaint Manager,
Certification Section
Division of Behavioral Health and Recovery
Post Office Box 45330
Olympia, Washington 98504-5330
Telephone: (360) 725-3752; Fax: (360) 586-0343
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| Rebecca Murphy | Sat, Sep 11, 2010 at 7:36 AM |
To: "Moorhead, Ronald (DSHS/HRSA/DBHR)"
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Good morning Mr. Moorhead, I am seriously disappointed in yesterday's email I received from you. In my complaint, I have been very specific about what laws were broken, and by whom. The "investigation" you are proposing addresses not a single one of my many complaints. Constitutional laws were broken as well as State laws about how the Involuntary Treatment Act is to be implemented or that it excludes people who are willing to accept treatment. That my son was willing there is no doubt--He waited for 2 hours for his expensive ride to the Hospital at taxpayer expense. He never tried to leave, prior to discharge; and he took all meds that were given, even the one that Dr. Jennings prescribed at twice the previous dose. He cooperated with providing samples of blood and urine. In fact, he was surprised to learn he was under a court order. He did not know that the papers he signed meant that he was under a court order. He can not understand why a court order was necessary. I am disgusted with the lack of real on response from DSHS. My belief is, at this juncture, is that the law does not protect a young man who because of iatragenic effects of his treatment, is limited to protect himself. As Dr. Jeffery Jennings observed in his discharge summary, medicated, Isaac appears to be DD. My son had a 176 IQ at 7, before he was drugged into being gravely disabled. I have his general and medical powers of Attorney as it is not in Isaac's best interest to know that people lied, forged documents and used these lies and forged documents to slander and deny him procedural due process, and lied to his mother. People who had never met him, did not speak to his current treatment team, did not speak to anyone who knew Isaac, or know what his level of functioning, day to day family life, or even accurately document information in CWCMH records of his medications upon leaving this agency.
Yes, Isaac was given his rights as a patient and he was informed of his right to refuse medications before the Kangaroo court hearings were held. As to the being informed of the less restrictive alternative, or understanding what in fact was the purpose of having an attorney, or what the significance of giving up his rights to a jury trial--or any other rights--he signed what the state's devil's advocate, Jennifer Lesmez asked him to, so she would leave him alone. What he understood was that he wanted to be left alone, and he knew if he did as he was asked, he would be left alone. Isaac has never refused medication, has never resisted taking it as prescribed.
His level of functioning is well documented in CWCMH records for over two years ending October 27, 2009--it is frightening that two people who are on the staff of this mental health provider thought that taking advantage of his cognitive impairment to further stigmatize him using an acts of forgery, perjury, repeated lies, bad judgement and the unethical practice of medicine. I assisted Isaac with paperwork the entire time of his getting services there, as I do in all his care still. That the only reason cited as the reason the 90 LRA was needed and granted is, "To maintain the ethical integrity of the medical profession." As if Dr. Jennings showed any ethical integrity!
It is ludicrous that because my son went along and signed documents that were placed before him by his own attorney, who claims he understood, but obviously had no experience with or personal knowledge about Isaac on which to base this judgement that she offered as testimony supporting his loss of liberty, instead of defending his liberty as was her duty!. By August 6th she should have been cognizant that all was not as it appeared on these court documents; that I not only did not know about a petition to court order my son, I did not sign an affidavit in support of this criminal proceeding! So once again, Isaac Murphy was not only deprived the protection of the United States Constitution, the mental health providers he sought assistance from, the State of Washington, an effective assistance of counsel, but once again, he was denied the protection of his own mother.
Your email does nothing to address the issues that I raised in my complaint about my son's "treatment." That you did not even address the fact that CWMH claims to have shredded the original documents relating to this proceeding. It sure is strange that this mental health agency claims to have not maintained it's files lawfully. The two questions you raised in regards to patient rights to types of treatment and the right to refuse, were in fact the responsibility of Memorial Hospital staff--I raised no issue in regards to Memorial Hospital or it's staff or the care Isaac received from anyone but CWCMH staff, Nancy Sherman and Jeffery Jennings.
RCW 71.05.520
The department of social and health services shall have the responsibility to determine whether all rights of individuals recognized and guaranteed by the provisions of this chapter and the Constitutions of the state of Washington and the United States are in fact protected and effectively secured. To this end, the department shall assign appropriate staff who shall from time to time as may be necessary have authority to examine records, inspect facilities, attend proceedings, and do whatever is necessary to monitor, evaluate, and assure adherence to such rights. Such persons shall also recommend such additional safeguards or procedures as may be appropriate to secure individual rights set forth in this chapter and as guaranteed by the state and federal Constitutions.
[1973 1st ex.s. c 142 § 57.]
By failing to act on my complaint the State of Washington has failed in it's duty to Isaac Murphy.
I want to know who the "appropriate staff assigned to ...assure adherence to such rights" is. Name, phone number, address and email please.
Respectfully,
Becky Murphy
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The above section of is what defines DSHS responsibility and grants the authority to investigate! This is to protect my son and others who are involuntarily committed.
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