Washington State Constitutional Rights of Psychiatric Patients Violated Under Color of Law

RCW  71.05.520  – Protection of rights.

“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.]

The State of Washington Department of Social and Health Services does not in fact have any appropriately trained investigators assigned to examine records or investigate complaints that criminal violations of any individual's rights, "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." There is no plan to change this.  David Reed works as an administrator for Washington State's the Department of Social and Health Services, Division of Behavioral Health and Recovery, and oversees the Involuntary Treatment program for DSHS. Mr. Reed is the individual who was appointed to investigate complaints of civil rights violations in Involuntary Commitment proceedings in 2008, by then-Governor, Christine Gregoire.  When I called Mr. Reed on the morning of July 8, 2011 to ask if he was aware of any complaints being filed that an individual's rights had been violated in  civil commitment proceedings, I already knew the answer to the question I was asking.  I was asking the question to see whether Mr. Reed would give a truthful answer. Mr. Reed has a poor memory, or he purposely lied to me in giving an answer. If one were to assume that Mr. Reed's memory failed one could further assume he forgot sending the following letters to the advocacy group, Crossroads for Change Campaign, and that he forgot being appointed by the governor to investigate the complaints of civil rights violations...

In a letter dated September 10, 2008, Mr. Reed responded to complaints that multiple individuals civil rights were violated; stating in part, “The documentation you have presented to the Mental Health Division is more than five years old and concerns a single RSN.  The practices you have identified were subsequently rectified and represented a small portion of the detentions in the state.  I have sent you a copy of DMHP Protocols in Appendix I § 6 is a list of Washington State Case Law.  By utilizing the website:  www.legalwa.org  you can review the listed legal decision of Washington State Courts that have previously affirmed the constitutionality of RCW 71.05’s due process provisions.  Other concerns you have addressed are addressed by statute and are monitored by MHD licensure staff.”  here

The law as written was affirmed to be Constitutional, only because the due process provisions the State of Washington and the U.S. constitutions require to be preserved and defended in civil commitment proceedings, are defined within the text of the Involuntary Commitment Statute. Obviously, if the law is not followed by the designated mental health professionals given the authority to implement the law, who detain individuals Under Color of Law, and the mental health professionals who subsequently petition the Court to civilly commit individuals Under Color of Law, an individual's rights will be violated.

In a letter dated January 7, 2009 Mr. Reed writes, "I have discussed your concerns with Mental Health Division management.  After review of the additional information you provided at our last meeting regarding an involuntary hospitalization from 2005, the Mental Health Division is unable to endorse your request for action and investigation.  The concerns you have presented are of concern and will be forwarded to our Licensure staff which is tasked with correcting WAC and RCW violations for detained consumers on the part of RSNs, Evaluation and Treatment Facilities and DMHPs.   I look forward to meeting with you again to continue our discussion the ITA process as it is currently implemented in Washington.” here

SPOKANE QUALITY REVIEW TEAM Investigation and Survey Results Regarding the Legal Representation by The Spokane Public Defender's Office for the Involuntary Treatment Act process

My son, who is now 25 years old, has been victimized by unethical mental health professionals who commenced illegal civil commitment proceedings against him twice as an adult in Washington State. Neither time were his civil rights preserved or defended.  

In 2010, my son was detained based entirely on perjured testimony and a fraudulent affidavit forged by Nancy Sherman, the Designated Mental Health Professional.  The same false tainted "evidence" was used by Jeffrey Jennings; a psychiatrist who relied upon Sherman's falsehoods because he had no "first-hand" information to offer in support of his petition for a Court Order for Involuntary Treatment since Jennings refused to speak to anyone who actually had first-hand information. 

The third hearing at which a Superior Court judge granted a six month out patient involuntary treatment order, lasted all of one minute and 26 seconds--my son was not at this or the two prior hearings; indeed, my son was not even aware that any legal proceedings had taken place. My son wasn't aware that the woman who had him sign papers and who informed the court he understood and waived his Constitutional right  to a jury trial, and that he agreed to follow Jeffrey Jennings' prescribed treatment recommendations was an attorney; much less, that the woman was his own Court Appointed attorney...  

The felony crimes of fraud and perjury were committed by mental health professionals in Yakima County Superior Court; a fraudulent affidavit and perjury were proffered as "evidence" used to detain and involuntarily treat my son. There was no criminal investigation of the crimes reported on my son's behalf, nor was there an investigation of the illegal shredding of Court records that was also reported. The CEO of Central Washington Comprehensive Mental Health, a current NAMI Washington Board member, Rick Weaver, claimed there is nothing wrong with shredding original Yakima County Superior Court records for Involuntary Commitment hearings, telling me,  "we do it all the time."  How is it that the illegal shredding of original Superior Court documents used to detain and Court Order people targeted for Involuntary Treatment allegedly because they are incapable of making treatment decisions, is not referred to Law Enforcement for criminal investigation?

the second time my son was committed in 2011, the attorney appointed by the court to represent my son had an obvious conflict of interest., the attorney also did legal work for the psychiatric facility that sought the Benton County Superior Court's order to treat him involuntarily! The attorney's obvious conflict of interest was never disclosed to my son, or to any of the three people who are designated representatives authorized to protect his interests when he is unable to do so himself. All three of us were present and conferred with the attorney and the psychiatrist.  I discovered that my son's attorney also does legal work for the facility when I conducted an internet search seeking the attorney's contact information. The attorney had failed to provide any of his contact information to my son. no phone number, no e-mail address; no way to contact him at all... 

I am without hope at the moment; I hope to have hope again soon...

I have been avoiding writing about the results of the Administrative Law Judges's determination, mostly because things seem somehow more real when I write about them...Sometimes reality can have not only a bite, but it seems to chew me up at times. It took me almost two months to realize that I was stuck. In fright. Absolute terror. Reliving. By then, it was Christmas, and I've never liked holidays---suffice to say, going through the motions for others wasn't possible and there was no money to spread Christmas cheer. 

These are the things I miss the most: my innocence, naiveté, the ability to trust, a belief that people are basically good and the justice system is based on truth.

The two people who offered to write letters of support, didn't. The Administrative Law Judge's decision was not the one I wanted; but it is not as bad as it could have been. I don't know how much longer I will be blogging, or doing anything online. The truth is I may have to sell everything we own that can be sold to survive. I don't care about things, but I do care about how all of this is going to further negatively impact my son. I care that I don't know if we will be able to afford the nutritional supplements that ameliorate some of the adverse effects of the fucking drugs that are continuing to take a devastating toll on his cognitive abilities and his physical health.  I see my son, he has yet to be "seen" by any mental health "professional." Professionals fail to show compassion, fail to recognize his trauma, his fear, his need to be respected and validated. They refuse to see the iatrogenic injuries they are inflicting with callous disregard with the multiple teratogenic drugs they prescribe.  I wonder, do they believe my son is not worthy of positive regard? Do they not see that in effect, my son has been so thoroughly and repeatedly traumatized that he has effectively been stripped of his ability to trust? It is understandable, all things considered, that clinical settings of any kind sometimes  fill him with so much fear that he can't stay.  When I point this out, it's met with confusion, and  a refusal to even consider my son's inability to stay in an appointment is a natural, fear-driven response; it is a symptom of PTSD.  My son deserves respect, compassion; professionals need to EARN his trust and stop acting as if it is their due just because they are "professionals."

I care that I know of no ethical mental professionals that are not believers in the mental illnesses are biological diseases illusion that are within driving distance that accept Medicaid. Supposedly, ethical treatment providers must obtain Informed Consent for treatment and provide  "client and family directed" mental health services to comply with Medicaid guidelines. I don't believe the so-called professionals we have to deal with even know what Informed Consent is; much less, believe that my son should be listened to or treated with respect---and have no problem disrespecting me while demanding that I respect them. 

Washington State doesn't even investigate felony crimes committed by mental health professionals that victimize clients of the publicly funded mental health system even when the crimes are well-documented and reported.  At least none of the crimes I have reported in which my son was harmed have ever been investigated---not when he was a child, and not as an identified vulnerable adult---no crimes committed by State's employees or contracted service providers that I have filed complaints with the Department of Social and Health Services (DSHS) about have ever been referred to Law Enforcement for criminal investigation; even though it is required by law for "mandated reporters" to file such reports. Complaints must first be filed with DSHS, which means the complaint is first "investigated" by social workers without training in criminal investigation or preserving any individual Constitutional Rights. Every single time, these  mandated reporters have opted to commit the gross misdemeanor crime of Failure to Report; and then to become accessories after the fact by committing further crimes to effectively cover up the crimes reported that they are supposed to refer to Law Enforcement.  Obviously, this is done to protect the state from being held legally liable.  The so-called "broken social service system" is broken due to this obvious Conflict of Interest that is entrenched within both the Child Welfare and the Adult Protective social service systems. 

Discriminatory mental health public policies are implemented by a unethical public mental health system with impunity since fraud and perjury can be the basis of Court Orders for Involuntary Treatment.  In 2010, felony crimes were committed by Nancy Sherman, a Designated Mental Health Professional and Jeffrey Jennings, a psychiatrist; both of whom were employed at Central Washington Comprehensive Mental Health, (CWCMH) the local community mental health clinic when my son sought to be hospitalized.  CWCMH shredded the original court record---another crime that went without investigation.  Rick Weaver, the CEO of CWCMH told me there was nothing wrong with shredding the record saying, "We do it all the time." I care that the only option is to continue to get Isaac's care from mental health "providers" who are dishonest, unethical, not supportive, and at times, criminal. I care that one of the people who offered to write a letter for the hearing after stating the State's plan put forth by Jackie Klingele, "would be devastating for Isaac;" didn't actually write a letter. The person has failed to write about what my son's needs are after offering to do so twice now---obviously, this is no way to earn a person's trust.   

In 2010, I promptly filed a complaint on my son's behalf reporting the fraud and perjury committed in Yakima County Superior Court and that CWCMH had criminally shredded the Court Record to be told by the DSHS Division of Behavioral Health and Recovery's complaint manager, Ronald Moorhead, that the State had no duty to investigate these felony crimes that traumatized my son and violated his Constitutional Rights. A state employee, David Reed  claimed there had never been any complaints to his knowledge about rights violations in civil commitment proceedings when I spoke to him---he flat out lied, the man had been appointed by Christine Gregoire, who was the governor at the time to investigate the complaints.  

I was given the same answer by Health and Human Services Civil Rights office, and the protection and advocacy office, Disability Rights Washington.  The State Attorney General's office ultimately recommended that I get an attorney to compel the AG to do his job in December of 2012.  What is even stranger, is in the email sent by AAG, Eric Nelson, states he is responding to my communications with the AG's office since September 18, 2012; a full year after I first contacted the AG's office. 

More than a year after I had filed an even more thorough (more thorough than those filed with DSHS, HHS, Disability Rights Washington and YPD ) complaint with the Department of Justice, I was informed that they don't investigate the types of crimes I had reported!  I sent the complaint overnight express mail after talking with a DOJ employee at length, who informed me that the Office of Civil Rights, Criminal Division was the appropriate section to receive the complaint. I called again after it was delivered to the Office of Civil Rights Criminal Division. I was told the complaint was in the correct department, and that it would be several months and up to two years before the complaint would be investigated. I was also told that if I ever had further information, to be sure and call back. 

The reason I called the DOJ in December of 2011 was to provide further information about the complaint.  When I called, I was put through to a person who knew exactly what I had reported, who informed me it had yet to be assigned to an investigator, and asked why I was calling. I said I had further information and was asked what it was. I said the psychiatrist and federally funded researcher, Jon McClellan who had  drugged my son into a state of disability while conducting Drug Trials identified in the complaint I filed had testified in a US Senate Hearing on December 1st, and that he had, in my opinion, committed perjury at the hearing when he claimed to have no idea why kids are being drugged off label for emotional and behavioral problems---The reason I believe Jon McClellan's testimony is perjured is the man WROTE treatment guidelines and practice parameters for virtually every psychiatric diagnosis given to children; in virtually every one, he in fact RECOMMENDS prescribing neuroleptic and other psychotropic drugs off label to children; including prescribing the drugs in combination, called polypharmacy. This being the case, it is obvious that no reasonable person could believe that McClellan has no  clue why the drugs are being prescribed singularly and in combination to children off label. I wonder, does he have any idea why he prescribed so many neuroleptic and other psychotropic drugs to my son off label concomitantly without Informed Consent? Why did he treat my son as if he were less than human and disable him? 

The crimes I reported in 2010, were committed by agents of the state who were acting Under Color of Law. What does the Office of Civil Rights Criminal Division do if not  investigate and prosecute Civil Rights crimes committed Under Color of Law??? 

It is extremely difficult, no it's impossible,  to accept all of this without crying. I don't have any idea how I'm going to pay the bills I owe, much less the ones that will be coming in. It would be nice if the State would comply with the Law and pay me the back pay owed to me with interest like the  Washington State Supreme Court ordered, I doubt this will happen though.  I am without hope at the moment; I hope to have hope again soon...

Comprehensive Mental Health planning new 16-bed mental health facility

Central Washington Comprehensive Mental Health Crisis Center 

the addy for this pic: http://www.cwcmh.org/img/jailPic.jpg #howNOTnice but it is apropos...

via Tri-City Herald:
By Molly Rosbach, Yakima Herald-Republic
Yakima Valley Memorial to close psychiatric unit

I wonder if it has to do with the illegal commitments? When people are Court Ordered, the SOW picks up the tab, instead of the $ coming out of Yakima County's MH funds. Central Washington Comprehensive Mental Health has a way of conducting business in a manner that is less than legal. Specifically, staff have been known to have people who are seeking to be hospitalized, illegally detained, then Involuntarily Committed. Staff then shred the original Superior Court Documents, to cover up the crimes committed. It is (obviously) illegal to shred original Court Cocuments. It is a felony crime to commit forgery and/or perjury, each is punishable by up to ten years in prison here in Washington State.

Nancy Sherman, Designated Mental Health Professional, committed both forgery and perjury, and psychiatrist, Jeffery Jennings, committed perjury when my son sought to be hospitalized. Jennings also provided negligent and unethical care; in the eight days he was my son's 'dorktor," Jennings intentionally did not speak to anyone who knew my son. Even though he had his GP's, his Psychiatrist's, his Counselor's, his brother's, and his mother's contact information. Jennings also entered into my son's Hospital Chart falsehoods about my son's medical history, he also put him back on a Benzodiazepine at TWICE the dose he had totally withdrawn from, due to Cardiac risk, all of this information was available to Jennings in records that were in my son's chart. Jennings also entered into the medical record that he released my son when he did, because I made him! How this could be when we never spoke the entire time he was my son's 'attending physician.' (Jeffrey Jennings would not return multiple messages I left for him, at the hospital and at Central Washington Comprehensive Mental Health where both he and Nancy Sherman are employed)

The thing is, Memorial is not, as the kids say, "down with" violating Federal Law, violating people's rights; much less, violating a multitude of laws and multiple people's rights...The way CWCMH conducts business, puts Yakima Valley Memorial Hospital in a position of liability. This a business decision, and probably not due to the $ paid by Medicaid---if that were the case, Memorial would have done this before now...They have never been adequately reimbursed for State Medicaid clients. Anyone not in a coma, with a modicum of critical thinking skills, would comprehend the serious liability it is to conduct business with an organization whose employees casually violate Federal Laws.

Strangely, it seems CWCMH has a secret rule that says there is nothing wrong with employees committing Felonies and then SHREDDING ALL THE ORIGINAL COURT DOCUMENTS to cover their tracks. Designated Mental Health Professional, Nancy Sherman committed forgery and perjury, psychiatrist, Jeffery Jennings committed perjury; as well as knowingly entering false information into my son's medical record, which is also a Felony. The CEO of Comprehensive, Rick Weaver at first tried to tell me that the County Clerk, lost the missing documents; saying the clerk, "loses Court Documents all the time." Less than politely, I told him I didn't believe him. He then said, there was nothing wrong with shredding Original Court Documents, stating, "We do it all the time." Unethical, illegal and just plain dishonest; and soon to be the only option; as the Church Lady on SNL used to say:

read Yakima Valley Memorial to close psychiatric unit here 

The preceding is the comment I left on the local paper's online website. I discovered the link was broken and linked to the Tri-City Herald posting my comment there and republishing it 1-3-2012 

When my son was illegally committed in Yakima County for six months in the community four days after a fouteen day order for inpatient commitment was obtained, the hearing lasted all of one minute and twenty-six seconds. My son's assigned counsel presented the prosecution's case, a Court Order was granted authorizing what started out as the illegal Emergent Order to Detain Nancy Sherman, Designated Mental Health Professional obtained using perjury and a forged document.  I've known for well over a decade that Rick Weaver, the CEO of Central Washington Comprehensive Mental Health has no ethical integrity; it is apparent he does not require any from mental health 'professionals' who are employed at CWCMH. 

What would you think if you, or your beloved son went to the hospital and were put on a medication that your regular prescriber had taken you off of due to cardiac risk? My son has had Tachycardia since he was a teenager from the drugs prescribed Off Label; and without Informed Consent in Washington's only State run Children's psychiatric facility. I am outraged and disgusted with how 'mental health treatment' is provided, as if ethical integrity and the outcome for the patient is not relevant. I know that not all psychiatrists and mental health workers treat people like my son has been treated; I just wish there was one where we live.

When I brought my son home after this chain of events, it was three weeks before I could persuade him he was safe enough to go outside the house. He is 6'3" tall and weighs 280 lbs., and he was terrified. My giant son was AFRAID to step into our own yard for pities sake! I had to convince him he was safe. I have to admit, it is one of the hardest things I've done. I know it's a lie. I feel sick about it. I DO NOT LIE to my children. Telling this lie was the only way I could convince him to step outside. I don't believe my son, or anyone with a psychiatric diagnosis, in crisis is safe from unethical mental health professionals.

 My son deserves better, WE ALL DO.

Read more here: http://www.tri-cityherald.com/2012/05/21/1947526/yakima-valley-memorial-to-close.html#storylink=rss#storylink=cpy

Keeping Up Appearances in Washington State

My son's civil rights were NOT effectively effectively preserved as Mr. Tony Sparber, the State's erstwhile "investigator" reported. Mr. Sparber and an un-named co-investigator read photocopies of all the court documents and accepted them at face value; this is the totality of what was done to "investigate" the felony crimes I had reported. Mr. Sparber reports that based on this "investigation" he can conclude that my son's rights were effectively, legally preserved. The only thing Mr. Sparber's report effectively demonstrates is his own and the unnamed co-investigator's ignorance about precisely what effectively preserves a person's individual rights; and what is required to conduct an bona-fide fact-finding investigation.

When the factual basis of evidence used in a Court of Law must be verified; a fact finding investigation is conducted. The State of Washington had, and still has, a legal duty to investigate the criminal complaint I filed on my son's behalf. Thus far, the State has only attempted to appear to take civil rights complaints seriously.  It is a superficial appearance, since no actual investigations are conducted, felony crimes committed by mental health professionals acting Under Color of Law are not prosecuted, nor is any corrective action taken. There appears to be no interest in the fact that perjury and fraud were committed; I suspect this is because the State of Washington is legally liable for the damages caused by the illegal conduct of those acting on the State's behalf as it's agents.

The mental health professionals who committed perjury and fraud, were aided and abetted their crimes by Officers of the Court who also were acting Under Color of Law for the State of Washington. Specifically, Nancy Sherman and Jeffery Jennings committed perjury and forgery, i.e. fraud. Deputy Prosecutor, Dan Polage, was aware the testimony offered by these so-called professionals was suspect since I had spoken to him at length; and he had in his possession a copy of the document forged by Nancy Sherman, which was an Affidavit Sherman claimed was filled out and signed by me. Assigned Counsel for the my son, Jennifer Lesmez, was also aware that I was disputing the validity of the document, she also had a copy of Sherman's fraudulent affidavit.  In spite of the fact that my elder son and I spoke with Ms. Lesmez numerous times, she did not challenge it's validity; in fact, Ms. Lesmez mounted no defense for her client whatsoever. The State is liable, and simply wants to deny any and all culpability for my son's Individual Rights being violated by a Designated Mental Health Professional who abused the authority granted to her by the State of Washington, abused the Police Powers granted to Designated Mental Health Professionals and illegally detained my son Under Color of Law, acting as the State of Washington's agent. These are Federal Crimes that I promptly reported; and I am not fooled by the the good ol' "cover your ass" approach the State has chosen to take. In reality, the State has failed utterly to keep up appearances...

DBHR employees know exactly what protections I allege were not afforded my son. DBHR staff and AG staff held their 1st big meeting  August 12, 2010 to discuss the crimes I had reported.

It is less than ethical to  have an employee of the Division of Behavioral Health and Recovery conduct an investigation when DBHR has a Conflict of Interest. DBHR is liable; and it has an ethical legal duty that has been willfully and purposely denied and avoided.  DBHR's duty is to conduct a criminal investigation when crimes are alleged to have occurred when a person is detained under the Involuntary Treatment statute. This duty was initially denied when I first reported that my son's civil rights had been violated to the DBHR complaint manager, Ron Moorhead.  Mr. Moorhead claimed that DBHR could do nothing since the Superior Court had granted the Court Order. He in fact denied the State had any duty whatsoever.

The State's duty that Mr. Moorhead denied is this section of the Revised Code of Washington:

RCW 71.05.520
Protection of rights — Staff.

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.]

The criminal complaint I filed on my son's behalf is valid---felony crimes were committed by agents of the State.  It's easy to see that the State of Washington's Division of Behavioral Health and Recovery uses the "cover your ass" method when dealing with such complaints. I say this because DBHR sent a social worker who apparently was ignorant to exactly how individual rights are effectively preserved through Due Process and by adhering to not only the letter, but the spirit of the law. Rules of Evidence and Standard Court procedures must be followed, Proper Notice served, and Proof of Service filed with the Court and Effective Assistance of Counsel, provided. The investigator was apparently unaware that these are the protections which my comlaint alleges were not afforded my son.

What Tony Sparber, and his unnamed co-investigator did in conducting this farce of an investigation at the behest of DBHR; was examine the electronic record of the Court documents. That's it. The sole basis for Mr. Sparber concluding that my son's civil rights were not violated, is Mr. Sparber's acceptance of the electronic record at face value. No investigation was conducted to determine the factual basis of the facts alleged that were used as "evidence." In spite of his failure to investigate, Tony Sparber concludes my son's individual rights were effectively preserved. He states in effect, the entire chain of events set in motion by Nancy Sherman conformed with Washington State's Involuntary Treatment Law.  Tony Sparber's conclusion is based solely upon his acceptance of electronic copies of Court Documents, and he fails to even mention that all of the original Yakima County Superior Court file had been illegally shredded by Nancy Sherman's employer, Central Washington Comprehensive Mental Health. This "investigation" was nothing more than an attempt to cover the State's ass; it is plain to see that it utterly fails to do even that.

The testimony offered by Nancy Sherman and Jeffrey Jennings did not comply with the Rules of Evidence, neither of their attestations are factually correct; neither of them used any "first-hand" information, both refered to Isaac's "parents" and both alleged that his parents are afraid of him. Isaac has not even seen his father since he was 12 years old. The court forms clearly state, "Under Penalty of Perjury" the evidence given by the attestor must be information that is known "first hand" to be true.  In Ms. Sherman's case, she made stuff up and did not report accurately what she did know first-hand, ie.  her statement that Isaac was accompanied his brother to the crisis center, when he in fact was accompaied by both his brother and myself.  Nancy Sherman also attested that she filed an Affidavit with the Court Clerk in support of her petition; she further attested that the Affidavit was my swarn statement, but I had never filled out an affidavit, of this, I am absolutely certain.  Over the last decade I have in fact acted as my own attorney numerous times, so I am familiar with Washington State Court forms, and the requirements of the Court when filing an affidavit. The affidavit Nancy Sherman attests to having filed with the Court in support of her petition is in fact, NOT part of the Court's record. The only occasion I have ever had to speak with Nancy Sherman was in person on the day she maligned and slandered my son in order to have him detained illegally when he was sought to be hospitalized, and his brother and myself accompanied him to be of supportive.   Jeffrey Jennings simply used Nancy Sherman's fabrications on his petition alleging Involuntary Treatment was required. This psychiatrist had no "first-hand" information, nor did he seek any information about Isaac or what had led to his crisis.  In fact, he refused to return numerous phone messages left both at the hospital and his office at CWCMH while he unethically "treated" my son, and did not contact any of Isaac's medical providers. this is entirely unethical to treat a patient without even attempting to confer with his doctor, therapist prescriber or in home care provider. Jennings also failed to coordinate discharge planning with Isaac's treatment team, and he recorded in Isaac's hospital chart that he was releasing Isaac because I wanted him to---this is a strange thing for him to have entered into Isaac's medical record; there is no basis in fact for the statement. I had not spoke to Jeffrey Jennnings even one time in the eight days he was Isaac's "attending physician" as I have previously stated.

If Central Washington Comprehensive Mental Health had not violated the Washington State Superior Court record keeping procedures, the authenticity of the "Affidavit" Nancy Sherman attested was attached to her petition, could be verified. However, CWCMH did violate this law, and the entire  Court Record was shredded. Why is this pertinent fact is not even mentioned at all by the investigator?

Mr. Sparber's acceptance of the electronic record at face value does not verify the veracity of any of the evidence used in the Court proceedings. In reality, his report does nothing but reiterate the factual inaccuracies and false statements used as evidence against my son. The fact of the matter is, beyond Isaac's name, birth date, and the fact that he lives with me, his mother, little if anything else on Nancy Sherman's and Jeffrey Jennings' petitions is true; much of what was used as "evidence" against my son is fiction; it is perjury, offering perjured testimony is a felony punishable by up to ten years in prison.  Tony Sparber did not attempt to verify the factual basis of any of the testimony offered to the Court; yet he concluded that my son's rights were effectively preserved.

Apparently, even Isaac's court appointed Assigned Counsel, Jennifer Lesmez seemed to have no idea what effectively preserves individual rights, and put on no defense whatsoever for her client.  The fact of the matter is my son can barely read, and when he is in distress he does whatever he believes will make a person stop bothering him.  I have, as is well-documented by both CWCMH and ALTC, taken care of the business side of Isaac's care since he was a minor. Since he cannot read, and has been treated in ways he has described using the terms "traumatizing" and "torture he does not trust mental health professionals so he often simply tunes out whatever is said by them, and says whatever he believes will make them leave him alone. Additionally, if asked to sign something, when he is not in distress, Isaac tells people, "not until my mom or my brother reads it first."  Ms. Lesmez testified that Isaac had been read his rights, understood those rights, and had signed papers stipulating to the necessity of a Court Order.  Later that morning when he was released, he had no idea that he had an attorney, or what her name was and was shocked to be told that there had been a Court Hearing, let alone more than one. He had NO IDEA that he had been Involuntarily Committed, or that the woman who, he says, "was bothering me so I signed what she wanted me to, so she would leave me alone" was his Court appointed advocate.

Jeffrey Jennings recorded in the hospital chart on August 5, 2010, the day before my son was released, that he was going to release him the following day---no one informed me---there was no discharge planning as Washington State Administrative Code declares must be done for all ALTC clients.  No one informed me his discharge was going to take place, or that another Court hearing was to be held.  Jennings recorded in Isaac's hospital chart that he was releasing my son because I was demanding his release.  Jennings puposely mis-states the facts. I was questioning WHY IN THE HELL he was under a Court Order when he wanted to go to the hospital, and was cooperative with being admitted and not once tried to leave, taking medications as prescribed, as he has always done. Jennings records on Isaac's medical record that the basis for his "medical decision" to release my son is in effect because I coerced him to do so---he doesn't describe how I could have done this without ever speaking to him about Isaac, or why Jennings filed a petition attesting for the necessity of a Cour Order.

It is ludicrous when you think about it: this guy is a psychiatrist who in effect, entered into my son's medical record that he was releasing his patient because a person whom he had never spoken to had coerced him to do so. I never met him, until after Isaac had been released. I didn't know what he looked like, and had not spoken to him, because he refused to return multiple phone messages. Yet, this psychiatrist entered that he was releasing a patient because the patient's mother had coerced him. Four days earlier, he had attested in a Court of Law under penalty of perjury, that the very same patient "threatened parents & staff" although he gave no details of the alleged threats, and that the patient had, "smashed a big screen TV" when he had no first hand knowledge of what had led to Isaac having a  crisis.

 

here is the "smashed" bigscreen tv:

Apparently, Tony Sparber, and his unnamed co-investigator never read Encyclopedia Brown or the Hardy Boys---if they had, they would have had some idea of what an actual investigation requires.  Mr. Moorhead, as the compaint manager, should know that investigations of comlaints should be timely; and once conducted, and the report is written, informing parties should not be delayed for an entire month.

Here is the State's Report:

via Buckle up, Bitches
 Mental Health Reporting from U of W School of Social Work 

A MadMother: Speaking Truth to Power

Justice will overtake fabricators of lies and false witnesses.
Heraclitus 

email sent at 10:38 am September 10, 2012
to: Senator Curtis King ,
"Moorhead, Ronald (DSHS/HRSA/DBHR)" ,
Representative Charles Ross ,
Representative Norm Johnson ,
Rick Weaver , (Mr. Weaver changed his email address so he didn't receive this email)
Steven Hill ,
Kevin Bouchey ,
Rob McKenna ,
"Reed, David L. (DSHS/HRSA/DBHR)" ,
"San Nicolas, Ronald J. (DSHS/HRSA/DBHR)"

cc: Jeanette Barnes ,
Jeanette Barnes

bcc: Michele Herman

Gentlemen,

My blog is getting a tremendous amount of traffic and I thought you would like to see one of the latest posts titled, A MadMother In Pro Per There was also a google search "onus on state employee" which was directed to my blog post titled, Constitutional Rights Violations Committed Under Color of Law in Washington State To say I am disappointed in the abject failure to perform your duties with honor and integrity is an understatement. Your failure has meant that my son was further traumatized by the felonious behavior of Mental Health "professionals" who work for Central Washington Comprehensive Mental Health acting Under Color of Law, with the authority granted to them by the State of Washington's Involuntary Treatment Act, with impunity. I hope you all are proud of the fact you failed to come to the defense of a young man who has regularly been victimized by people who work for the State of Washington and it's contracted service providers ever since he was first victimized by violent assault while in foster care at the age of three years old, when he was beat up and put in a closet. Personally, I think your failure to hold Jeffrey Jennings, psychiatrist, Nancy Sherman, Designated Mental Health Professional, Dan Polage, Deputy Prosecutor, and Jennifer Lesmez, Assigned Counsel, legally accountable for their felony crimes is despicable.

Rick Weaver, you first claimed that the reason Nancy Sherman's forged affidavit wasn't in the Yakima County Superior Court Clerk's office, was because, "She loses court documents all the time." That is slander. That you then claimed there was nothing wrong with shredding all of the original Yakima County Superior Court documents is very telling. It says a great deal about your ethical values, and your integrity (and the lack thereof). That you would actually state that there is nothing wrong with such an egregious violation of the law and failure to comply with Standard Court record-keeping procedures, while you are the CEO of the ONLY community mental health clinic that serves all of Yakima County to provide such services for the State of Washington is evidence of your unsuitability for the job you hold.

David Reed I want you to know that lying to me when I asked you if there had ever been any complaints about civil rights violations being committed in the implementation of the ITA was really stupid. I already knew the answer; I was aware that Governor Gregoire had appointed you to look into the complaints.

Richard Kellogg you informed me on September 13, 2010 that you would be looking into the complaint I filed on my son, Isaac's behalf; you stated that I would be hearing from you---I'm still waiting.

Rob McKenna, you have been aware of this entire situation for almost a year, and have not once responded to my email or phone messages. To say I am disappointed that the State's Attorney General failed to act when the State of Washington obtained a Court Order based on Nancy Sherman's perjured testimony which she supported with a forged affidavit simply means that the State of Washington has no problem when State agents, the designated Mental Health professionals violate State and Federal Law when obtaining Court Orders to involuntarily commit mentally ill people to a psychiatric Treatment and Evaluation facility.

Senator King, and Representatives Ross and Johnson I voted for you and for the AG; I won't be making that mistake again.

picture of Lady Justice found at World Religions

18 and Depressed: diagnosed with schizophrenia the first time he went to the walk-in mental health clinic

Originally titled,
A Misdiagnosis of Schizophrenia: based on errors of attribution, lack of professional judgement and ethical integrity  
Schizophrenia is a diagnosis of exclusion, however many people do not have the necessary physical or neurological exams to discover if there is a physical or neurological cause for the symptoms they have before a diagnosis is applied, and drugs to treat it are prescribed. Some will, sooner or later, be Court Ordered to take the drugs to treat a diagnosis of schizophrenia, without ever having the requisite medical exams needed to exclude the medical conditions that could be the potential cause for their symptoms.

Then there are situations like what happened to my eldest son who was diagnosed with schizophrenia at the age of eighteen at the local community health clinic, Central Washington Comprehensive Mental Health. The diagnosis was based on the intake staff misunderstanding and misinterpreting what my son said; belief in the bio-medical disease paradigm; and an assumption that he must have a genetic defect. First, he was lied to about the diagnosis he was given, then he was lied to about why the drugs were prescribed.

He was depressed and eighteen and went to the walk-in mental health clinic for help. He saw an individual who did an evaluation and intake. When he came home with a prescription for a neuroleptic drug that he'd been told was to help him sleep; I was alarmed---scratch that---I was pissed off.  I told him that he had been lied to, and that I believed that he had been  diagnosed with Schizophrenia. Being eighteen, he thought mom was overreacting---and overly suspicious, if not "paranoid."  He basically believed I was wrong.

The drug prescribed had negative effects which he could not tolerate, so he went back to the mental health clinic and was prescribed another neuroleptic; again he was told it was to "help him sleep." I convinced him that he needed to go look at his medical record, as he had a legal right to do.  He went down to the clinic with a printout of the section of the law that states he has the right to examine his chart.

He discovered that he had indeed been given a diagnosis of schizophrenia. This psychiatric diagnosis was based on three things:

1. His brother had a diagnosis of schizophrenia

2. He told the person who did the intake and assessment that he was working at Earthlink, an internet service provider that provides technical assistance to it's customers over the phone. This was recorded in his chart as "He thinks he is an "earthling" in training."

3. At the time, he was interested in studying Neuro-Linguistic programming, (NL P™) is defined as the study of the structure of subjective experience and what can be calculated from that and is predicated upon the belief that all behavior has structure. The mental health professional had never heard of "Neuro-Linguistic Programming" and did not think it was an actual field of study; and assumed that my son had made it up.  This interest in an actual field of study was labeled an "entrenched delusion."

Don't forget this diagnosis was given to my elder son based on an intake appointment by a clinician who saw him ONE time--he had no history of hallucinations, or delusions.  He was depressed, he was eighteen and he was worried about his brother.  Nathan has always felt that it was his job to fix what was wrong, and overly-responsible for taking care of his brother and myself.---This is common for adolescent males raised by single mothers.  He was depressed in part because he felt as if he had failed.  

He needed support to deal with a great deal of grief, loss and trauma. He needed help figuring out what he is and is not responsible for.  He needed support in order to figure out it was never his responsibility to fix any of what had happened to his brother.  He needed help to learn how to deal with the emotional trauma he had experienced; and to learn that it is, and never was his fault.  He needed to be assured that none of what had happened and what was happening was his fault. He needed to know it was never his responsibility to take care of his mother and his brother--he was a kid and he had not failed anyone at all.

via The Wall Street Journal:

Confusing Medical Ailments With Mental Illness

An elderly woman's sudden depression turns out to be a side effect of her high blood-pressure medication.

A new mother's exhaustion and disinterest in her baby seem like postpartum depression—but actually signal a postpartum thyroid imbalance that medication can correct.

A middle-aged manager has angry outbursts at work and frequently feels "ready to explode." A brain scan reveals temporal-lobe seizures, a type of epilepsy that can be treated with surgery or medication.

More than 100 medical disorders can masquerade as psychological conditions, according to Harvard psychiatrist Barbara Schildkrout, who cited these examples among others in "Unmasking Psychological Symptoms," a book aimed at helping therapists broaden their diagnostic skills.

Studies have suggested that medical conditions may cause mental-health issues in as many as 25% of psychiatric patients and contribute to them in more than 75%. read here.

via Cold Spring Harbor Laboratory:

ID 899

DSM-IV Criteria for Schizophrenia

Description:
Diagnostic and Statistical Manual of Mental Disorders fourth edition (DSM-IV) diagnostic criteria for schizophrenia and associated disorders.
Transcript:

DSM-IV-TR: Diagnostic criteria for schizophrenia: A. Characteristic symptoms: Two (or more) of the following, each present for a significant portion of time during a 1-month period (or less if successfully treated): (1) delusions (2) hallucinations (3) disorganized speech (e.g., frequent derailment or incoherence (4) grossly disorganized or catatonic behaviour (5) negative symptoms, i.e., affective flattening, alogia (poverty of speech), or avolition (lack of motivation) Note: Only one Criterion A symptom is required if delusions are bizarre or hallucinations consist of a voice keeping up a running commentary on the person's behavior or thoughts, or two or more voices conversing with each other. B. Social/occupational dysfunction: For a significant portion of the time since the onset of the disturbance, one or more major areas of functioning such as work, interpersonal relations, or self-care are markedly below the level achieved prior to the onset (or when the onset is in childhood or adolescence, failure to achieve expected level of interpersonal, academic, or occupational achievement). C. Duration: Continuous signs of the disturbance persist for at least 6 months. This 6-month period must include at least 1 month of symptoms (or less if successfully treated) that meet Criterion A (i.e., active-phase symptoms) and may include periods of prodromal (symptomatic of the onset) or residual symptoms. During these prodromal or residual periods, the signs of the disturbance may be manifested by only negative symptoms or two or more symptoms listed in Criterion A present in an attenuated form (e.g., odd beliefs, unusual perceptual experiences). D. Schizoaffective and Mood Disorder exclusion: Schizoaffective Disorder and Mood Disorder With Psychotic Features have been ruled out because either (1) no Major Depressive Episode, Manic Episode, or Mixed Episode have occurred concurrently with the active-phase symptoms; or (2) if mood episodes have occurred during active-phase symptoms, their total duration has been brief relative to the duration of the active and residual periods. E. Substance/general medical condition exclusion: The disturbance is not due to the direct physiological effects of a substance (e.g., a drug of abuse, a medication) or a general medical condition. F. Relationship to a Pervasive Developmental Disorder: If there is a history of Autistic Disorder or another Pervasive Developmental Disorder, the additional diagnosis of Schizophrenia is made only if prominent delusions or hallucinations are also present for at least a month (or less if successfully treated). Subtypes Schizophrenia Subtypes: The subtypes of schizophrenia are defined by the predominant symptomatology at the time of evaluation. Because of the limited value of the schizophrenia subtypes in clinical and research settings (e.g. prediction of course, treatment response, correlates of illness), alternative subtypes are being actively investigates. Subtypes include 1. Paranoid Type 2. Disorganized Type 3. Catatonic Type 4. Undifferentiated Type 5. Residual Type Schizophreniform disorder, schizoaffective disorder, and delusional disorder are closely related to schizophrenia and their symptoms are also listed below. In addition symptoms are listed for the following related disorders: brief psychotic disorder, shared psychotic disorder, psychotic disorder due to a general medical condition, substance-induced psychotic disorder, and psychotic disorder not otherwise specified. 1. Paranoid Type A type of Schizophrenia in which the following criteria are met: A. Preoccupation with one or more delusions or frequent auditory hallucinations. B. None of the following is prominent: disorganized speech, disorganized or catatonic behavior, or flat or inappropriate affect. 2. Disorganized Type A type of Schizophrenia in which the following criteria are met: A. All of the following are prominent: (1) disorganized speech (2) disorganized behaviour (3) flat or inappropriate affect B. The criteria are not met for Catatonic Type. 3. Catatonic Type A type of Schizophrenia in which the clinical picture is dominated by at least two of the following: (1) motoric immobility as evidenced by catalepsy (including waxy flexibility) or stupor (2) excessive motor activity (that is apparently purposeless and not influenced by external stimuli) (3) extreme negativism (an apparently motiveless resistance to all instructions or maintenance of a rigid posture against attempts to be moved) or mutism (4) peculiarities of voluntary movement as evidenced by posturing (voluntary assumption of inappropriate or bizarre postures) (5) stereotyped movements, prominent mannerisms, or prominent grimacing (6) echolalia (word repetition) or echopraxia (repetitive imitation) 4. Undifferentiated Type A type of Schizophrenia in which symptoms that meet Criterion A are present, but the criteria are not met for the Paranoid, Disorganized, or Catatonic Type. 5. Residual Type A type of Schizophrenia in which the following criteria are met: A. Absence of prominent delusions, hallucinations, disorganized speech, and grossly disorganized or catatonic behavior. B. There is continuing evidence of the disturbance, as indicated by the presence of negative symptoms or two or more symptoms listed in Criterion A for Schizophrenia, present in an attenuated form (e.g., odd beliefs, unusual perceptual experiences). Diagnostic criteria for Schizophreniform Disorder: A. Criteria A, D, and E of Schizophrenia are met. B. An episode of the disorder (including prodromal, active, and residual phases) lasts at least 1 month but less than 6 months. (When the diagnosis must be made without waiting for recovery, it should be qualified as "Provisional.") Specify if: Without Good Prognostic Features With Good Prognostic Features: as evidenced by two (or more) of the following: (1) onset of prominent psychotic symptoms within 4 weeks of the first noticeable change in usual behavior or functioning (2) confusion or perplexity at the height of the psychotic episode (3) good premorbid social and occupational functioning (4) absence of blunted or flat affect Diagnostic criteria for Schizoaffective Disorder: A. An uninterrupted period of illness during which, at some time, there is either a Major Depressive Episode, a Manic Episode, or a Mixed Episode concurrent with symptoms that meet Criterion A for Schizophrenia. Note: The Major Depressive Episode must include Criterion A1: depressed mood. B. During the same period of illness, there have been delusions or hallucinations for at least 2 weeks in the absence of prominent mood symptoms. C. Symptoms that meet criteria for a mood episode are present for a substantial portion of the total duration of the active and residual periods of the illness. D. The disturbance is not due to the direct physiological effects of a substance (e.g., a drug of abuse, a medication) or a general medical condition. Specify type: Bipolar Type: if the disturbance includes a Manic or a Mixed Episode (or a Manic or a Mixed Episode and Major Depressive Episodes) Depressive Type: if the disturbance only includes Major Depressive Episodes Diagnostic criteria for Delusional Disorder: A. Nonbizarre delusions (i.e., involving situations that occur in real life, such as being followed, poisoned, infected, loved at a distance, or deceived by spouse or lover, or having a disease) of at least 1 month's duration. B. Criterion A for Schizophrenia has never been met. Note: Tactile and olfactory hallucinations may be present in Delusional Disorder if they are related to the delusional theme. C. Apart from the impact of the delusion(s) or its ramifications, functioning is not markedly impaired and behavior is not obviously odd or bizarre. D. If mood episodes have occurred concurrently with delusions, their total duration has been brief relative to the duration of the delusional periods. E. The disturbance is not due to the direct physiological effects of a substance (e.g., a drug of abuse, a medication) or a general medical condition. Specify type (the following types are assigned based on the predominant delusional theme): Erotomanic Type: delusions that another person, usually of higher status, is in love with the individual Grandiose Type: delusions of inflated worth, power, knowledge, identity, or special relationship to a deity or famous person Jealous Type: delusions that the individual's sexual partner is unfaithful Persecutory Type: delusions that the person (or someone to whom the person is close) is being malevolently treated in some way Somatic Type: delusions that the person has some physical defect or general medical condition Mixed Type: delusions characteristic of more than one of the above types but no one theme predominates Unspecified Type Diagnostic criteria for Brief Psychotic Disorder: A. Presence of one (or more) of the following symptoms: (1) delusions (2) hallucinations (3) disorganized speech (e.g., frequent derailment or incoherence) (4) grossly disorganized or catatonic behavior Note: Do not include a symptom if it is a culturally sanctioned response pattern. B. Duration of an episode of the disturbance is at least 1 day but less than 1 month, with eventual full return to premorbid level of functioning. C. The disturbance is not better accounted for by a Mood Disorder With Psychotic Features, Schizoaffective Disorder, or Schizophrenia and is not due to the direct physiological effects of a substance (e.g., a drug of abuse, a medication) or a general medical condition. Specify if: With Marked Stressor(s) (brief reactive psychosis): if symptoms occur shortly after and apparently in response to events that, singly or together, would be markedly stressful to almost anyone in similar circumstances in the person's culture Without Marked Stressor(s): if psychotic symptoms do not occur shortly after, or are not apparently in response to events that, singly or together, would be markedly stressful to almost anyone in similar circumstances in the person's culture With Postpartum Onset: if onset within 4 weeks postpartum Diagnostic criteria for Shared Psychotic Disorder (Folie à Deux): A. A delusion develops in an individual in the context of a close relationship with another person(s), who has an already-established delusion. B. The delusion is similar in content to that of the person who already has the established delusion. C. The disturbance is not better accounted for by another Psychotic Disorder (e.g., Schizophrenia) or a Mood Disorder With Psychotic Features and is not due to the direct physiological effects of a substance (e.g., a drug of abuse, a medication) or a general medical condition. Diagnostic criteria for Psychotic Disorder Due to a General Medical Condition: A. Prominent hallucinations or delusions. B. There is evidence from the history, physical examination, or laboratory findings that the disturbance is the direct physiological consequence of a general medical condition. C. The disturbance is not better accounted for by another mental disorder. D. The disturbance does not occur exclusively during the course of a Delirium. Code based on predominant symptom: - With Delusions: if delusions are the predominant symptom - With Hallucinations: if hallucinations are the predominant symptom Diagnostic criteria for Substance-Induced Psychotic Disorder: A. Prominent hallucinations or delusions. Note: Do not include hallucinations if the person has insight that they are substance induced. B. There is evidence from the history, physical examination, or laboratory findings of either (1) or (2): (1) the symptoms in Criterion A developed during, or within a month of, Substance Intoxication or Withdrawal (2) medication use is etiologically related to the disturbance C. The disturbance is not better accounted for by a Psychotic Disorder that is not substance induced. Evidence that the symptoms are better accounted for by a Psychotic Disorder that is not substance induced might include the following: the symptoms precede the onset of the substance use (or medication use); the symptoms persist for a substantial period of time (e.g., about a month) after the cessation of acute withdrawal or severe intoxication, or are substantially in excess of what would be expected given the type or amount of the substance used or the duration of use; or there is other evidence that suggests the existence of an independent non-substance-induced Psychotic Disorder (e.g., a history of recurrent non-substance-related episodes). D. The disturbance does not occur exclusively during the course of a delirium. Note: This diagnosis should be made instead of a diagnosis of Substance Intoxication or Substance Withdrawal only when the symptoms are in excess of those usually associated with the intoxication or withdrawal syndrome and when the symptoms are sufficiently severe to warrant independent clinical attention. Diagnostic Criteria for Psychotic Disorder Not Otherwise Specified: This category includes psychotic symptomatology (i.e., delusions, hallucinations, disorganized speech, grossly disorganized or catatonic behavior) about which there is inadequate information to make a specific diagnosis or about which there is contradictory information, or disorders with psychotic symptoms that do not meet the criteria for any specific Psychotic Disorder. Examples include: 1. Postpartum psychosis that does not meet criteria for Mood Disorder With Psychotic Features, Brief Psychotic Disorder, Psychotic Disorder Due to a General Medical Condition, or Substance-Induced Psychotic Disorder 2. Psychotic symptoms that have lasted for less than 1 month but that have not yet remitted, so that the criteria for Brief Psychotic Disorder are not met 3. Persistent auditory hallucinations in the absence of any other features 4. Persistent nonbizarre delusions with periods of overlapping mood episodes that have been present for a substantial portion of the delusional disturbance 5. Situations in which the clinician has concluded that some type of psychotic disorder may be present, but is unable to determine whether it is primary, due to a general medical condition, or substance induced.
Keywords:
dsm, schizophrenia, schizoaffective, diagnosis, diagnostic, delusions, hallucinations, paranoid, paranoia, disorganize, catatonic, catatonia, undifferentiated, residual, schizophreniform, delusional, delusion, psychosis, psychotic

Cold Spring Harbor Laboratory / CC BY-NC-ND 3.0

A link from Pat Risser: Medical Problems Related to Psychiatric Symptoms

Portions of this blog post were originally published with the title:

"Making a diagnosis without a complete neurological and physical examination can lead to misdiagnosis" on 8-21-2011

photo from fisher price

It Took One Minute...

...and twenty-six seconds.

"I believe we must speak our conscience in moments that demand it,

even if we are but one voice"

Richard B. Sanders

This was sent to my State Senator and State Representatives, all the members on the Judiciary Committee, and The Health and Human Services Committee in the Washington State Legislature.  I voted for these guys; now I wonder why...Not a one of them has returned a call, or answered an email.  Not like former Representatives and Senators Mary Skinner, Jim Clements and Alex Deccio AT ALL.... I also sent it to State employees working for the State of Washington at the Division of Behavioral Health and Recovery.

This is the first blog post. It appears here with minor changes for clarity.  An update is also added for the 2 year anniversary of Involuntary Transformation which I started on September 4, 2010.

To whom it may concern:

The hearing stripping my son of his liberty and his Constitutional Rights to Procedural and Substantive Due Process lasted one minute and twenty-six seconds. My son's assigned counsel presented the prosecution's case, and a Court Order was granted authorizing a 14 day extension of a fraudulently obtained Emergent Order to Detain. The order to detain was sought by a Designated Mental Health Professional, "DMHP" who committed forgery, and perjury, which means that everything that followed was based on fraud. The agency that runs the crisis center in Yakima County, claims to have shredded all of the original Superior Court Documents; this is also a violation of the law. Rick Weaver, the CEO of Central Washington Comprehensive Mental Health, told me, "We do it all the time." He also stated that the Yakima County Superior Court Clerk loses documents all the time. I have no doubt the man is a liar. I've known for well over a decade he has no ethical integrity, and it seems he is without conscience.

No evidence was presented other than by my son's assigned (Defense?) attorney, Jennifer Lesmez WSB#34547 informing the judge that Isaac signed everything she had asked him to. He agreed he would stay in the hospital for 14 days and take whatever the doctor prescribed, and that this order could also be extended. He lost his gun rights permanently. (I personally don't care, he definitely doesn't -- he's afraid of them) He has been labeled as unwilling to seek help when he needed it--a lie. However, I do care that in fact, this is a violation of his Constitutional Rights. That there exists an an ongoing violation of his Constitutional Rights as long as this court order stands.

Court procedures are not only supposed to be lawfully conducted, they are to have the appearance of being lawfully conducted. The only evidence presented was his attorney testifying that he agreed he needed to be in the hospital--indeed he had sought to be hospitalized and had not tried to leave or object to being medicated. In fact, in crisis he did not object when Jeffrey Jennings put him back on the benzodiazapine he had been taken off of due to cardiac risk; AT TWICE THE DOSE. Without consulting Isaac's psychiatrist, his primary physician, or speaking to anyone who had direct knowledge of Isaac's care or condition for the previous 10 months! The people he did not consult included me, I am his mother, and care provider, whom he lives with; and his brother. Both of us escorted him to the crisis center and feel betrayed by this experience; we bear a guilt that is not our own. We foolishly placed our trust in this facility; and placed him in harm's way. Nancy Sherman betrayed our misplaced trust, as did Jeffrey Jennings and CWCMH CEO, Rick Weaver.

The entire time he was a client at CWCMH, he was assisted by me when any of the "business" part of getting his care was conducted. Apparently this doctor skipped the day the Hippocratic Oath was taken. I have read the chart of his entire inpatient stay. By the time this kangaroo court was held a little before nine in the morning on August 2nd, Isaac had been at the hospital since a little after 5 pm the previous Wednesday evening. His chart reflects that he remained calm, kept to himself and caused no problems on the unit. I raised holy hell from the time I found out by accident that my son was under a court order. I had visited Isaac Monday evening and I wonder now why he had no copy of the court order itself, or any of the documents submitted as “evidence”--what is missing? I know what is, the appearance of FAIRNESS, i.e. the appearance of Justice being done, is missing entirely.

What would you think if you went to the hospital and were put on a medication at twice the dose that your previous doctor advised you to no longer take due to the risk to your heart? You have Tachycardia, like my son. Would you want a second opinion? Prior to switching to his current doctor, Isaac had received his mental health services at Central Washington Comprehensive Mental Health, (CWCMH.) Isaac didn't want to go there anymore because he said, the doctor did not listen to him. In fact, after his last appointment with the Dr. that he saw at CWCMH and before he had his first appointment with his current one, he told me one evening, "I haven't had a doctor listen to me since Dr. Holttum." My son was almost 22 when he said this. It had been nine years since he had seen Dr. Holttum. He had two doctors in the five years and ten months here in Yakima since I brought him home from CSTC, and at least two for the four years and three months at CSTC in Tacoma; and he doesn’t believe any of them have listened to him. My heart aches for my boy.

I ask you all, "Is this how this law is supposed to be enforced, enacted, perpetrated?" In it's entirety, the court record is actually clear and cogent evidence of a  felony crimes being perpetrated against my son in the hospital and in Yakima County Superior Court.   

Does this chain of events, which were criminal acts reflect the legislature’s intent when due to being heavily lobbied and misinformed by members of NAMI and the Treatment Advocacy Center, it passed RCW 71.05 and the subsequent revisions, to what is informally known as The Involuntary Treatment Act?

I suggest the judiciary committee quickly ascertain what needs to change to ensure this does not happen again. This type of lawless application of the Involuntary Treatment Act puts the State in a position of liability. Agents authorized by the State of Washington violated both Federal and State laws, and violated my son's Constitutional Rights. The people who committed these crimes, and the CEO of the CWCMH appear to have no concept of the ethical treatment of human beings and seem to lack the integrity to perform their jobs AS IF they have an ethical and a legal duty to comply with the law; and  obviously don’t understand that Rules of Evidence need to be followed; i.e. perjury and fraud are not “evidence” that should be used when seeking Court Orders. It is necessary for Court proceedings to comply not only the with letter of the law, but the spirit of the law by having the appearance of Justice being done.  The only conclusion I have come to as a result of the utter and complete failure of the criminals who perpetrated these crimes and made a mockery of the Superior Court, is that the Constitutional Rights of the "mentally ill" and provisions within Washington State’s  Involuntary Treatment Act  which theoretically preserve and defend individual rights when court ordered to involuntary treatment, are outlined within the statute for appearances only. The protections codified in the Constitution of the United States of America and in Washington State’s Constitution to Substantive and Procedural Due Process are not being effectively preserved, and the failures are not being investigated when they are reported.  In fact, it is obvious to me that having  mental health professionals act as agents for the State of Washington who have no clue on how these individual rights are actually preserved and defended is a guarantee that they will be violated as a matter of course with impunity.  The fact that these crimes were not investigated, by Law Enforcement, but were “investigated” by two social workers who did not speak to any witnesses who were present, and did no fact finding whatsoever---and apparently had not read The Hardy Boys or Encyclopedia Brown as kids either... All of this gives the impression that the State of Washington is intentionally violating the individual rights of people who are being committed Under Color of Law to Involuntary Treatment by the Superior Court of the State of Washington.

No evidence based on the facts was presented. Isaac was not present to face his accusers, no accusers were heard giving testimony. Indeed, only my son's attorney's voice is heard on the recording of the third hearing;  she sounds like the prosecutor; not a court appointed advocate for the defense; she basically put forth the State’s case. There is ample evidence this attorney purposely mounted no defense at all.

The following subsection defines the State's responsibility in Involuntary Treatment proceedings. I first informed a staff person at DSHS/BHR/DBHR--Ronald Moorhead, who told me that the department could not do anything since the Court was involved.

He actually claimed the State had no authority in Civil Commitment proceedings! The following is the sub-section of Washington State's Involuntary Treatment law that describes the department's obligation. The law grants the department the authority to investigate; indeed, it states the department has a legal duty to do so.

RCW 71.05.520

Protection of rights — Staff. 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.]
September 2, 2012
The psychiatrist and the Deputy Prosecutor involved in violating my son's rights, are no longer employed by CWCMH and Yakima County respectively.

After these events, Washington State authorities failed to conduct a criminal investigation into the multiple felony crimes I reported.  I called David Reed, Manager for Adult and Older Adult Services Mental Health Division/DBHR to ask if there had ever been any allegations made that any individual's Constitutional Rights were violated in Involuntary Commitment proceedings---I knew the answer; I wanted to know if the man would tell the truth. He did not. He claimed to be unaware of any such complaints at all.

Governor Christine Gregoire appointed David Reed to investigate allegations that several individuals  had their individual rights violated in civil commitment proceedings in 2008. Why were reports that federal crimes had allegedly occurred not investigated by the State Police?  Having social workers who work for the State conduct what is (or should be) a criminal investigation is inappropriate; it is  an obvious Conflict of Interest. Being an Attorney, Christine Gregoire should have known better. Perhaps the real purpose of David Reed's 'investigation' was to provide the appearance that the State of Washington takes allegations of federal crimes committed against vulnerable people seriously. Let's be real, a complaint that alleges an individual has been confined and drugged without Procedural Due Process, is a Criminal Complaint---what training in criminal investigation has David Reed had?  Prior to filing my complaint with the State of Washington DSHS/MHD/DBHR two years ago, I filed a complaint with the Yakima Police Department, on August 7, 2010. After first filing the complaint with DSHS, on the 10th of August 2010, I also filed complaints with Disability Rights Washington, the GCBH Ombudsman both claimed they can not get involved when there is a Court Order... It seems to me that the State's response (and lack thereof) is simply an abdication of duty which is mandated by state law. The State wants to appear as if it takes crimes which violate the individual rights of the mentally ill 'seriously,' and also appear to conduct 'investigations' alleging criminal violations and improper application of statutory authority, without actually doing so. Criminal complaints need to be investigated by people trained to conduct criminal investigations, i.e. Law Enforcement.

The complaint I filed on my son's behalf was not taken seriously, and the so-called 'investigation' was conducted on October 27, 2010. I finally received a copy on November 30, 2010.  The so-called investigation addressed not a single one of the actual crimes which I reported---it consisted of a review of paperwork, and simply repeats the perjured testimony of Nancy Sherman and Jeffery Jennings. The report concludes by stating, "This process is about checks and balances and it is the opinion of the investigators reviewing this case that the rules were followed and that his rights were repeatedly and consistently respected as called for in the law."  Simply ludicrous all things considered.  The 'process' addressed none of the  Federal Crimes committed by Central Washington Comprehensive Mental Health employees when obtaining a Court Order to detain and involuntarily treat my son, and did not even mention that the original Court Documents had been illegally shredded by Central Washington Comprehensive Mental Health.

The basis for the initial detention sought by Nancy Sherman was her own perjured testimony in which she claimed that only Nathan had accompanied Isaac to the crisis center. In fact, both Nathan and I had accompanied Isaac. Nancy Sherman also supported her petition to detain with a fraudulent Affidavit that she attests to attaching to her petition but never filed this forged document with the Court Clerk. There is no polite way to say it: That bitch needs to lose her license to be a mental health professional, and be criminally prosecuted for the felony crimes she committed.  the “investigators” do not even mention that NO original documents existed for them to examine. The fact that all of the original Court record were shredded immediately by CWCMH is illegal, yet this crime is not even mentioned in the “investigator’s” report. In fact, the report states, "the rules were followed" and conclude that my son’s rights were protected. I can only conclude that felony perjury and fraud and shredding Superior Court Records are not against “the rules” when the State of Washington Under Color of Law deprives individuals of their Liberty and Court Orders them to psychiatric treatment based on testimony of people like Nancy Sherman and Jeffrey Jennings who have no problem lying under penalty of perjury in Superior Court and their boss, Rick Weaver, CEO of CWCMH, who stated that there is nothing wrong with CWCMH shredding the Court’s Record because, “We do it all the time.”

The “investigator’s report states that two people conducted the investigation, yet only one person is identified---Furthermore, according to the Law, when the authenticity of a document is in dispute, ONLY the ORIGINAL document can be used to determine the document’s authenticity.  When there are conflicting accounts of the events which have occurred, it is not possible to ethically draw any conclusions without hearing all accounts. Testimony offered by Affidavit the Court’s instructions state, must consist only of information that the attestor knows “first-hand.”  Jeffrey Jennings had absolutely no first-hand information---he refused to speak to anyone who actually knows my son, including his doctors, his brother, and his mother even though he had complete contact information. The so-called "investigators" didn't bother to interview the only people with first hand knowledge, Isaac, myself, and my elder son, Nathan. Isaac's Assigned Counsel allowed what she knew to be perjured testimony to go unchallenged, i.e. EFFECTIVE assistance of counsel was not provided.  The Deputy Prosecutor put forth what he knew to be perjured testimony. 

My son's rights were not respected, not preserved and not defended.

My son's rights were violated in every way possible.

I am trying to:

via Crossroads to Change:

"Due to a letter and request to Washington State Governor Christine Gregoire in early 2008, Carole Willey, a social justice activist & community organizer, Chair of CCC, received a letter from the Governor stating that she would assign David Reed, a staff person to work with Carole on these violations. With the documentation of the WA ST Mental Health Division finally acknowledging the “concerns,” the state agency agreed to forward his concerns to their Licensing staff, which they never did.

"On July 10, 2008, Carole, along with witnesses Therese Holiday & Ann Clifton (two healthcare advocates), met with David Reed of the Department of Social and Health Services / Mental Health Division (DSHS / MHD). They met to review her analysis of the two reports and discuss violations of inpatients’ rights at Sacred Heart Medical Center in Spokane, WA." read the rest here

David Reed's letters to Carole Willey here and  here

There is also a major development in the publicly funded mental health system in this community: Comprehensive Mental Health planning new 16-bed mental health facility. I suspect it is a direct result of CWCMH employees illegally detaining and committing my son.  The actions of Nancy Sherman, Jeffrey Jennings and Rick Weaver in effect and in fact made Yakima County, Washington State and the local hospital, unwitting accomplices to federal crimes which  violated my son's individual rights, deprived him of his liberty and his dignity; further traumatizing him.

It was three weeks before I was finally able to convince my son he was safe, and could go outside. Three weeks until my giant 6'3" 280 lb. son believed  it was safe to step into his own fenced yard.

"Whenever a doctor cannot do good, he must be kept from doing harm."

Hippocrates

"Whenever a doctor cannot do good, he must be kept from doing harm." 

Hippocrates