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...

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

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

What's an emergency?

"emergency warning" issued after 2,173 deaths

In May of 2004 Washington State's preferred drug list took effect the only preferred drugs on it for long term chronic pain were methadone and morphine.  For years afterwards the rising death toll was a topic of discussion and debate at the monthly Pharmacy and Therapeutics Committee meetings without any definitive corrective action being taken.


Two years and nine months after the Feb. 18, 2009 meeting of the P&;T committee, during which it was stated that the deaths due to methadone overdose were continuing to occur; it was also stated that this 'issue' had been a regular topic for 3-4 years by then.  AFTER the death toll was publicized by the Seattle Times on December 10, 2011, the State of Washington's Medicaid program announced that it was issuing an EMERGENCY WARNING---Issuing a warning after two thousand people have died, is kind of like teaching your child about fire after they have burned your house down playing with matches... 

Strictly speaking, issuing a warning years after the State P&T committee members were aware, (and after over 2,000 deaths!) is not really much of a warning...it's obvious the situation wasn't considered an EMERGENCY---it seems as if it was issued because the deaths were publicized.


here are some excerpts from that 2009 meeting

WASHINGTON STATE PHARMACY AND THERAPEUTICS COMMITTEE MEETING
February 18, 2009

"So I mean…I can’t remember if it’s sixth or third, but the bottom line is Medicaid is almost 50% of all prescription related deaths in the State of Washington and growing. And so we’re just now doing the 2007 runs where we actually load DOH’s death certificate data into our claim system, and so we’ll be able to feedback and see, you know, are we now 50+% of the deaths. And I just think, you know, this is something I’m hopeful the state could start taking on a little bit stronger, because I think this is a distinction that we don’t want, and it just keeps growing. And quite frankly, I’m at a loss of what to do.

"The issue is not just opiates. The issue is who are getting these opiates? And then this is a slide that shows the ratio…or the percent of clients who have a psychiatric dose…or psychiatric diagnoses as it relates to the deaths. And basically, it says that at less than 120 mg of morphine equivalent, you know, a little less than 60% of the people have a mental health diagnosis. What is a sad fact is as we increase the amount of morphine that goes into our clients, the more likely we’re treating also a person that has a mental health issue.

"So we are giving our most vulnerable clients in the State of Washington huge doses of narcotics, and so that’s the first face. The next face applies to substance abuse, so that the more you get in a morphine equivalent, the more likely you are to have a substance abuse issue.

"And when you consider that on top of this we’re treating some of our bi-polar clients and schizophrenic clients and other, now, children who are getting some of these other medications, including the atypical antipsychotics as well as the antidepressants…I mean, the…we just compound the issue.

"And then I think the sad fact is now we’re creeping down into the teenagers. So these are teenage deaths with narcotics that are prescribed to the teenagers who have a coroner or a death certificate data that state on a more likely than not basis that the death was related to a narcotic. (emphasis mine)

"And so what is the distribution by prescribers? Well, you can see that in over 1,000 milliequivalents per day, we have about 35 providers that prescribe in these doses.

"in the 35, it includes the University of Washington, Harborview as well as some very reputable pain specialists as well as some solo practice, ARNPs, and family practice, etc., etc.

"there’s no agreement on how high you can go, and it is a number of small providers that believe that you can go up several thousands of milligrams a day. I think our highest is up to 7,000 or 8,000 milligrams of morphine a day.

"And then again, I think methadone is an issue. I mean, we would hope that these 35 prescribers actually know about the issues with methadone and its depo effect and that small genomic class of clients who might actually have the unfortunate gene history to actually have increased amounts of this. But methadone is not our only high use, it includes hydromorphine as well as fentanyl, and so some of that fentanyl is actually even being used at nursing homes. I mean, that’s a very frequent event where fentanyl is used in lieu of multiple dosing through the day to save some nursing time. But I would stipulate that it’s all the drugs; and just eliminating methadone alone from the preferred drug list is not, I think, the solution. Next slide.

"You know, and again, when we work together…and I think Siri’s come up with a really nice in the original 320 group that were 10 or more prescriptions per month, which we found out was not 100% sensitive and specific for abuse or misuse, that when we notified the prescribers, we saw an instant 25% reduction because of the poly-prescribing issue." Jeff Thompson

"The prescriber got the client into this issue. I’m going to be really…I’m going to be firm. On the 1,000 mg, it is a prescriber issue. It’s not a client issue, because the majority of these clients are getting them from just one prescriber. Out of the 800, there’s about 200 that are getting it from more than one prescriber. So this is a prescriber issue, not a client issue. I’m sorry, these are, but I really…I think that we’ve gotten ourselves into this problem as medical professionals. It’s not the client’s problem. unnamed man

"Jeff, this is Carol Cordy. It sounds like you’ve spoken with some of these 35 prescribers personally
Jeff: Yeah.
Carol Cordy: You have?
Jeff: Yeah.
Carol Cordy: And do they…I mean do you get the sense that they don’t want to be in that position  not to be prescribing all that narcotic?
Jeff: They typically don’t see the problem.
Carol Cordy: They don’t? So there is the problem."
here the discussion about pain killers begins on pg 86

In 2010 Senator Charles Grassley asked for information on the top prescribers of pain medications and neuroleptic drugs because of the rampant illegal marketing, and Medicaid fraud. What is interesting is an email from the Governor's Office:

Why wouldn't  Washington State respond?

 Then there is this:

A top prescriber who accounted for 1-2% of the entire Rx budget but the problem is considered resolved when SHE closes her office---

via The Seattle Times

State plans emergency warning on risks of methadone

Washington state will issue a public health advisory that singles out the unique risks of methadone, a commonly prescribed pain medicine that's linked to the most accidental overdose deaths.

By Michael J. Berens and Ken Armstrong

12-21-2011

A few excerpts:

"To save money, the state steers Medicaid patients, workers' compensation recipients and state employees toward methadone, a long-acting painkiller that costs less than a dollar a dose. Since 2003, at least 2,173 people in Washington have died from unintended overdoses linked to the drug, The Times found.

"Committee Chairwoman Karen Keiser, D-Kent, became frustrated with Dr. Gary Franklin, medical director for the Department of Labor & Industries, which handles workers' compensation.

"Keiser asked Franklin — a principal defender of the state's decision to designate methadone as a preferred drug — if the painkiller is more difficult to manage than other long-acting narcotics. When Franklin responded by discussing the toll of long-acting opioids in general, Keiser said: "Dr. Franklin, answer the question about methadone."

"She later told him: "That's something I'd like to get a straight answer on. And I'm not getting a straight answer."

"Franklin told lawmakers that methadone is not at the heart of the state's struggle with painkiller overdoses. "It's dose, not a specific opioid," he said.

"Almost no one dies from a single opioid. When you look at death certificates, and I've reviewed many of these at L&I, you never see just methadone or just OxyContin or just fentanyl listed," he told the committee.

"Coroners, in fact, will not ever say on a death certificate that this death is from methadone. It is always a combination of multiple opioids plus other drugs."

"But a Seattle Times analysis of death certificates turned up 443 cases since 2003 in which methadone was the only drug listed when someone fatally overdosed. And this was using a conservative sift, excluding cases where the deceased had so much as a history of alcoholism.

emphasis mine)

"Sen. Cheryl Pflug, R-Maple Valley, told Franklin that she was troubled even by those cases in which methadone had combined with other drugs to cause a fatal overdose.

"I don't really care that the coroner isn't willing to say this was caused by methadone," she said. "If the person has a toxic level, and they were taking methadone and other drugs known to have a synergistic, respiratory depressive effect, and they quit breathing, it doesn't take a rocket scientist to know we might have a problem."  State Plans Emergency Warning 12-21-2011

PHARMACY AND THERAPEUTICS COMMITTEE MEETING

February 15, 2012

a few excerpts:

"And we’re left with the background problem, which is what we had when we looked at the Oregon Medicaid study from 2007, which is that the number of people who are prescribed methadone have a much higher rate of substance abuse history and also a much higher risk of opioid death than people prescribed other types of long-acting opioids. And so to pin the cause of those deaths on methadone relative to other long-acting opioids is tricky. And in the 2007 study when they controlled for history of substance abuse there was no longer and increased risk with methadone. I would say that there is no question that this is a very high risk class" Barak Gaster

I'd like to know Mr. Gaster, if this is an accurate statement, how many were dying before??!!

"it’s interesting that when the PDL was instituted in 2004 it coincided roughly with a…the brakes being put on and the rise of methadone deaths. And so it’s hard to say that methadone being on the PDL is contributing in a significant way to the number of deaths." Really Mr. Gaster... 

"So if you remember back in August… this is Jeff Thompson. We brought to you the top 20 prescribers represent 70% of the high dose in Medicaid and we sent letters and gave them feedback reports and I personally called all 20. And they are all actively engaged in the new law. They are getting education. Some are pain specialists. Some are primary care doctors. Some are ARMPs that do refill mills or refills. And all very concerned with what’s going on and are actively engaged with us."  

Susan Rowe: "This may crossover into DUR but we’ve talked about other classes of medications that also increase respiratory depression. And so my thought is that on our agenda for this next year would be to look at some of our pain patients and how many are getting concomitant benzodiazepines, muscle relaxants and other things that put them in danger as drug combinations are used." here

What a good idea! I can't help but wonder why education about the use of prescription drugs and over the counter drugs which pose a risk when used concomitantly with opiate pain medications were not part of prescriber education already... 

via Investigate West

New Prescription Drug Law Holds Promise, but Concerns Linger

JANUARY 22, 2012
By Carol Smith
InvestigateWest

a few excerpts:

"The passage of a new law, regarded as one of the toughest in the nation, makes Washington the first state to require dosing limits for doctors and others who prescribe these medicines. The law, RCW 2876, went into effect January 2, but those who have watched the epidemic spiral out of control still see significant challenges ahead."

Lax Oversight

"A key limitation of the new law: While it gives state regulators a reason to discipline doctors, the statute does not require the state to check whether doctors or other medical professionals are breaking it.

"That’s in contrast to the U.S. Drug Enforcement Administration, which monitors whether medical professionals with narcotic permits are following its rules. The new state program also falls short of Washington’s Medicaid program, which routinely tracks how much narcotic medication doctors hand out. Instead, the system set up by the new law relies on complaints from patients or medical professionals to trigger investigations.

"As a result, the Medical Quality Assurance Commission, which investigates doctors and other healthcare professionals, can’t say how much of a problem excessive prescribing is for Washington doctors, dentists, advanced nurse practitioners, physicians assistants and other providers licensed to prescribe these powerful medications.

"The state’s actions came after the doctor’s offices had been raided the previous year by DEA agents, an action that resulted in charges related to financial transactions the DEA indicated could be used to hide drug trafficking activity.

"Doctors and others disciplined for drug-related issues are usually given chances to go into rehab, get additional training, or pay fines. In 2009, however, Spokane-area doctor Keith L. Hindman, went to prison for health care fraud and prescribing controlled substances for non-medical purposes.

"The DEA, in contrast to the state, does carry out surprise inspections. The agency has shut down the top five prescribers in the state over the last several years, including a clinic in Vancouver, Washington.

"For his part, Thompson of Medicaid sent a letter last summer to the top 20 doctors prescribing opiates to Medicaid patients, alerting them that they’d been flagged for the volume of their prescribing.

“That doesn’t mean they are good or bad doctors,” he said. “There is no definition. However, it does say, it’s worth looking at why they are so high.” here

Jeff Thompson: 

In 2009 there were 35 prescribers that Thompson was concerned about. Between Feb. 2009 and April 2010 the five top pain drug prescribers were prosecuted. A sixth, the top neuroleptic prescriber, whom Thompson stated in his April 22, 2010 email accounted for 1-2% of the entire Medicaid Rx budget closed her office. It seems that it would be advisable to investigate and prosecute her criminal behavior, and perhaps retrieve the money defrauded from the public coffers...NO Effort was made to recoup the money defrauded from the people of Washington through the Medicaid program...   

It appears the warning letters sent were a response to Grassley's investigation. 

A strange thing about the data that Washington State sent to Senator Grassley's office: Why weren't the national provider numbers issued in 2007 used to identify the top prescribers listed?