I have a question for Disability Rights Washington

Lady Justice holds scales of justice against clear, blue sky.

via Disability Rights Washington:

"According to the US Constitution, every citizen must be afforded due process of law. This means no one can be denied legal rights and all laws must have standard protections. This is more than being able to understand and confront an accuser if accused of a crime. Due process upholds educational service rights, or the quality or availability of public benefit entitlements.

"People with disabilities are disproportionately entangled with the criminal justice system. The number of youth with disabilities in what has come to be called 'the school to prison pipeline' has grown with the advent of zero-tolerance policies. Access to accommodations is an imperative component of making sure justice is accessible to everyone. (Imagine someone who uses sign language being handcuffed during court.) Even when convicted, people with disabilities may experience abuse, discrimination, treatment refusal or other neglect in correctional or psychiatric facilities."

In poking around on the internet looking for information on my home state's public policies and procedures to protect vulnerable adults, I came across a report published in 2008 by Disability Rights Washington, Washington State's designated protection and advocacy office titled, "Improving Washington's Response to Abuse and Neglect. Analysis and Recommendations." Here is the Executive Summary:
:


C. Individual Accountability
No state agency is holding non-licensed individuals civilly accountable for abusing or neglecting vulnerable adults receiving services from DSHS licensed providers.

As the parent of a young man who is a 25-year-old vulnerable adult, I have a question for DRW, "What state agency holds licensed mental health professionals who violate a vulnerable adult's civil rights accountable? None. Crimes are not investigated or prosecuted when victims are vulnerable adults and the perpetrators are mental health or social service professionals who are acting as agents of the state Under Color of Law.  In 2010, my son was Court Ordered to Involuntary Treatment in Yakima County Superior Court when Designated Mental Health Professional, Nancy Sherman, and psychiatrist, Jeffrey Jennings, used perjured testimony and a forged affidavit as "evidence" to support their petitions to detain and treat my son.

Disability Rights Washington offered no assistance, advocacy, legal representation or protection to my son...


Read the whole report DRW 2008 

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...

Worthy of Consideration

Last October 30th, I was informed that I had been denied a contract to provide 29 hours of care to a client. The reason used stunned me. The fact that I had not been informed by the Home and Community Care Office where I had applied to get the contract, was more than odd. The reason given to me by the potential client who had informed me; made no sense to me. The reason given was in fact a lie. A state employee  had informed the client that I was, according to him, disqualified due to a felony record that I do not have, and he also alleged that my license had been revoked when he knew this was also a lie.  The person who made these statements knew for a fact that what he was saying was not true; knew for a fact that I have no felony record and knew for a fact that my license had never been revoked.  Why he found it necessary to do these things is unclear to me.

I have been a wreck. Despite not being shocked by this paid public servant's outrageous behavior, I am deeply effected and in fact feel as if I am under attack.  Although this is not the first time a state employee has lied about me, it is the first time that my son and I are at risk of ending up homeless as a result of a state employee abusing his authority and power who thought it was acceptable to slander me and take my only source of income away from me for what he knew was a fiction manufactured by himself. When I think about it, I am bombarded with a cascade of traumatic memories of being treated like I am less than human by the people who are paid to be helpful and provide services to handicapped and elderly Washingtonians. This current assault is typical of the manner in which I have been treated for 20 years. 

I have to say that in the time since Dirk Bush, Social Worker 3 at DSHS Home and Community Services office slandered me to the client, denied me the contract I was seeking so that I would be able to again purchase the services for my son that I suspended when my hours were cut; has been filled with fear and anxiety. Out of necessity, I have been dealing with the state social service system for a very long time; I am no longer shocked by the lawlessness, the lack of ethical integrity, and the lack of accountability. I have been living a nightmare, the nightmare of knowing that my son was first victimized by violent crime when he was three years old, and he has been repeatedly victimized by state employees and service providers ever since that time. This current assault is a concerted effort to entirely discredit me in order for the state to assert that it needs to take control of my son's care. Not take control from me; I don't "control" my son's care.  I advocate for him, I do the things for him that he can't do for himself, but my son is in charge of himself; as he should be. 

Unfortunately, the perspective I have of my son, is not shared by "the system."  As the result of Dirk Bush's abuse of authority, I filed for a fair hearing with the Office of Administrative Hearings to dispute the termination of my contract, both Dirk Bush and Isaac's case manager committed perjury; which I expected. People who have lied to me, and who lack respect for my son and myself are now alleging that I am not "respectful" enough of social service and mental health professionals. These complaints of not feeling respected enough by me is coming from people who have shown my son and I no respect. This would  be hilarious if these individuals did not also have no problem with abusing their authority, have a lack of ethical integrity, and have no problem with violating the law to punish me. People who seem to believe I owe them a duty of unearned respect, are wanting something that's not humanly possible for me to give them. I can't respect anyone who does not demonstrate ethical conduct in their professional life as a paid public servant. Particularly when their failure to perform their job with integrity ultimately causes my son any harm. 

It would be hilarious if these individuals were not involved in orchestrating an effort to entirely discredit me; threatening my son's safety and well being. Specifically, Jackie Klingele has launched a concerted effort to have me labeled as a person who is so dangerous, I should never be allowed to be around any child or handicapped adult unattended; including my son.  

The fact that I have no record for abuse or neglect of any child or vulnerable adult, and the "evidence" being used to terminate my contract to care for my son without warning or notice, does not allege any abuse/neglect of Isaac, is not relevant to Fair Hearing coordinator, Jackie Klingele,  ALTC case manager, Joe Howell, or DSHS HCS Social Worker Dirk Bush. 
  
The evidence:

1. The fact I have never filled out a time sheet, in four years. It has never been 
    questioned in three annual reviews, or the handful of periodic reviews in 4 years, which is
    the entire time I've had the contract. 

2. I did not call the case manager within 24 hours when my son was hospitalized in 2011.

3. I was rude in a phone conversation in January 2012, and stated, "I wouldn't take a dog
     to Comprehensive Mental Health."

4. That I made an agony filled statement of my grief about the brain damage my son has
     from the direct adverse effects of the drugs in January 2012 to his mental health worker
     when my son left the room to use the restroom.    

These facts are, it is being alleged, grounds for the immediate termination of my contract due to my  "character competence and suitability."  Additionally, Jackie Klingele and Joe Howell have decided that Isaac should live in a group home; because after all, the above evidence demonstrates that I am a danger and I shouldn't be allowed to be around my own son...No kidding. I guess That was a threat and not a friendly warning after all...

These so-called professionals don't seem to believe it was necessary to talk to Isaac, much less, consult with, or involve him in any way shape or form in every discussion that relates to him, particularly when decisions will be made that directly effect him. To me, it is symptomatic of the acceptance of systemic abuse of power and authority at the Department of Social and Health Services--it is all too typical of my experiences with these "public servants" since my son was beat up in foster care when he was three. When one is negligent in the performance of their duty to act on a child or vulnerable adult's behalf; perhaps it's easier to believe the victim's injuries are signs of a psychiatric "disease." Once a diagnosis of schizophrenia is attached, Human Rights are unimportant and it's ok to mistreat, abuse and torture people.  It seems that a boy who has been victimized and his outraged mother are not worthy of respect, or owed an ethical legal duty of care...The people who work in child and family services who violate the law are rarely prosecuted. Acting with impunity, these individuals still have a liberty interest and cover up their crimes.   I've no doubt that my son has been treated as if he is a potential liability not a victim to whom the state owes a duty of care. Over the years, every report of abuse/neglect I filed reporting state employees or contracted providers abuse and/or neglect, has been ignored by authorities.   

How is it even ethical for Joe Howell, Isaac's case manager in an Administrative Hearing to state that in his "professional opinion," that he thinks Isaac should live in a group home without ever seeking Isaac's input? Howell didn't seek any information or input from Isaac's his mental health providers before offering this "professional" opinion when Washington's DSHS Fair Hearing coordinator, Jackie Klingle, prompted him by asking what he thought should happen for Isaac.  

It is this perpetual failure that most angers me.  I am sick and tired of so-called mental health and social service professionals stating their opinions and abusing their authority in uninformed, misguided attempts to act in "Isaac's best interests." It is not possible to act in his best interests if one does not consider his input relevant, necessary and worthy of consideration. My son is a traumatized human being worthy of respect and consideration.  

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

The AG sent me a message

 or at least his Executive Assistant did...

Let's just say I am disappointed that I finally receive a response on a FRIDAY, after business hours from a person who informs me she will be on vacation for the next few weeks, but will look for an email from me when she returns...  

 First, my response:

Ms. Gaul

I sent an email to Mr. McKenna on September 15, of 2011,  I then posted a copy of it to my website after it had been received by the AG's office. I posted it to my website because by that time I knew that there is some very serious corruption and lawlessness that is systemic in DSHS DBHR. Specifically, I had come to realize that there is no interest in preserving or defending the Constitutional Rights of people civilly committed in Washington State---or even pretending that those who are Court Ordered even have any rights, or that the State has any duty to ensure that the Rules of Evidence and  Standard Court Procedures are adhered to; Proper Notice given and Proof of Service filed; and Effective Assistance of Counsel provided. As a matter of fact, when I first filed a complaint on my son's behalf. I was told the State HAD NO DUTY.   

I voted for Mr. McKenna as I voted for Curtis King the Senator for this district, as well as Representatives Charles Ross and Norm Johnson. I received no response from your office. I received no response worthy of merit from my elected representatives. I also contacted every member of the Judiciary committee in the State Legislature NO response whatsoever. Perjury and fraud, specifically a forged Affidavit were used on July 28, 2010 to detain my son, by the DMHP, Nancy Sherman who lied to the court, lied to my elder son and myself and set in motion a chain of events that so traumatized my son, Isaac, that once I brought him home it was three weeks before I could convince him he was safe, and that he could go outside into our own fenced yard.  Nancy Sherman's employer shredded all of the Original Superior Court Documents, and the CEO Rick Weaver informed me there is nothing wrong with doing so, actually stating "We do it all the time."  

Frankly, I find the content of your message to be less than honest; since I am well aware that someone in the AG's office has visited my website and has read enough to know exactly what my criminal complaint entails.  I am also aware that representatives from the AG's office were consulted from the beginning. I am sadly disappointed to say the least.  Felony crimes were committed which have diminished the integrity of the Washington State Superior Court, and there has been NO CRIMINAL INVESTIGATION launched in spite of a well documented complaint being filed promptly.  

My son has had so many felony crimes committed against him in this state by employees and contracted service providers that I have lost count.  The first of which was when he was three years old and was the victim of violent assault in a foster home that had 12 complaints filed against the foster mother alleging abuse of children prior to his placement.  This assault was followed by my little boy being put in a closet and it was covered up with further crimes including the Superior Court being told by DSHS that my son was home and doing fine; when he was in fact  in the hospital for what turned out to be 10 months...All I have ever asked for when filing complaints in the last 18+ years is for the right thing to be done at any given time. Not once, has anyone ever been held accountable for victimizing my son, violating the law, or the administrative code of the State of Washington, and failing to do their duty as a public servant; who owed an ethical and legal duty to my son.   The foster parent was Margaret Manson; the woman who killed four babies in this State, so I am grateful my son is alive.  

All due respect, as I stated previously, I find this email to be disingenuous for the reasons cited above.  That said, I would like to hear how the latest felony crimes committed against my son can be prosecuted to the fullest extent of the law.  If that is the intent of the Attorney General, I would be more than happy to assist in any way I can.  I have my son's Legal and Medical Powers of Attorney, as he is handicapped due to being used in the Drug Trials at CSTC without permission, by Jon McClellan and in spite of my vehement protests.   

Sincerely,

Becky Murphy

I have not included the entire text of Ms. Gaul's email; only the relevant part of her message: 

On Fri, Sep 21, 2012 at 5:44 PM, Gaul, Judy (ATG) JudyG@atg.wa.gov wrote:

Dear Ms. Murphy,

Hello, I am Attorney General McKenna’s assistant. He is currently away from the office, so I am helping him monitor his email. You have sent a couple emails to him recently, and it would be helpful if you could provide us with some of the pertinent facts related to your son’s situation, and what you are asking the Attorney General’s Office to do....

...I will be out of the office for two weeks, returning on October 8th. I will check my email when I return to see if I’ve received a message from you.

Thank you.
Sincerely,

Judy Gaul
Executive Assistant to the Attorney General
State of Washington
judyg@atg.wa.gov

Keeping up appearances in Washington State

Constitutional Rights Violations Committed Under Color of Law in Washington State

First posted July 19, 2011 but the post was high-jacked and I am re-posting here verbatim.  "Is there no virtue among us? If there be not, we are in a wretched situation. No theoretical checks -- no form of government can render us secure. To suppose liberty or happiness without any virtue in the people, is a chimerical idea. If there be sufficient virtue and intelligence in the community, it will be exercised in the selection of these men. So that we do not depend on their virtue, or put confidence in our rulers, but in the people who are to choose them." James Madison, Speech in the Virginia Ratifying Convention, June 20, 1788 This post consists of email communications between myself and Yakima County Commissioners and employees; State Legislators, and Department of Social and Health Services employees.
To: "Moorhead, Ronald (DSHS/HRSA/DBHR)"
Mr.Moorhead, My brother Mark called my yesterday evening to see what was going to be done about the errors that made in Isaac's care.  He echoed my concern that this series of mistakes be thoroughly addressed with the result being that the court record be expunged and all notifications be made to erase this egregious misapplication of the commitment statute.  Justice Powell delivered the opinion of the Court: “Written submissions do not afford the flexibility of oral presentations; they do not permit the recipient to mold his argument to the issues the decision maker appears to regard as important. Particularly where credibility and veracity are at issue, … written submissions are a wholly unsatisfactory basis for decision.” And in the U.S. Supreme Court case Joint Anti-Fascist Comm. v. McGrath, 341 U.S. 123, 168 (1951) (Frankfurter, J., concurring), Mr. Justice Burton, speaking for the court, stated that: "The right to be heard before being condemned to suffer grievous loss of any kind, even though it may not involve the stigma and hardships of a criminal conviction, is a principle basic to our society." This type of court order does carry a stigma of being labeled and entered into a tracking system.  The rules promulgated to effect the recently expanded involuntary commitment statute were not developed with any formerly committed individuals; and I bet without any individuals with the diagnoses that are most likely to be at risk for having these orders obtained against. (I mean on their behalf)   Respectfully, Becky Murphy -- ...choose for yourself this day whom you will serve...Joshua 24:15

---

Moorhead, Ronald (DSHS/HRSA/DBHR)	Thu, Aug 12, 2010 at 9:04 AM
To: Rebecca Murphy
Good morning Ms. Murphy, yes,  procedural due process rights are mandatory in civil as well as criminal cases.  The Fifth and fourteenth amendments of the U.S. Constitution require it.  This one of the things we will be discussing today at our meeting.  Thanks! from Rebecca Murphy  to Steven Hill  date Mon, Aug 23, 2010 at 8:04 AM subject Human Services mailed-by gmail.com Mr. Hill: In your letter to me dated August 18 you directed me to take up my complaints about CWCMH employees with Rick Weaver, CEO of CWCMH.  I would have already done that before speaking to you if I believed that my concerns would be taken seriously as you and Mr. Weaver profess they in fact would be.  My belief is based on contact with this agency off and on since 1993.  As a member of GCBH RSN, Yakima County has you, the Director of Human Services' to serve as a gatekeeper; to ensure the public trust is maintained.  It is in fact your signature on these very contracts.  To me, that means that as a public servant you have a duty to make sure the laws, policies and procedures which govern these contracted programs and services are upheld by contractors.  The following is from a report done by Clegg & Associates for Benton Franklin Human Resources. The italics are mine. There is a common belief that contracting for service delivery will increase efficiency, reduce costs, and improve quality because of the competition gained from making use of non-public providers. There’s no clear evidence in the literature that contracting provides inherently more effective or less effective services. Efficiencies may be gained by contracting through nonprofit organizations because of differing pay scales. There may, however, be concerns about the service delivery and meeting the needs of clients and the community. The possible pros and cons of contracting identified include: Potential pros: Increased flexibility resulting from a reduction of bureaucratic complexity and procedures Reduced costs resulting from lower pay scales for non-public providers or if a competitive process rewards the lowest bids Greater ability of director to manage employees and personnel issues Potential cons: Relinquishment of public responsibility for public funds Profit motivations to cream easy-to-serve or likely successful clients and minimize costs Reduction in service Funneling clients into other agency programs Public’s loss of ability to address issues and concerns Among the county human service directors interviewed, there was agreement that regardless of whether a county delivers services or contracts for them with community-based providers, the onus of responsibility in terms of assuring quality services remains with the government (county) in the public’s eye and in reality. As one county human services director summarized, “There may be cost savings. However, there is a public mandate for provision of services and a need to deliver the best services possible. You want to move the funds into the community for service delivery, but not hand over responsibility. You don’t do this business to make money. Private businesses are driven to make a profit, so when they talk about gaining efficiencies that make them less expensive, it’s usually at the expense of the client.” The key factors related to success in both the public or non-profit arenas appear to be clear goals and objectives, accountability for results, and established criteria for contracts and contract monitoring. Also, I am puzzled because this same report refers to Yakima County having recently taken back from a contractor the involuntary commitment program.  The report was written in 2007and I would like to know who had the contract prior to the County taking it back; and when and to whom it was then awarded?   Respectfully,  Becky Murphy -- ...choose for yourself this day whom you will serve...Joshua 24:15

Steven Hill	Tue, Aug 24, 2010 at 2:08 PM
To: Rebecca Murphy
Has been sent to attorney Steve Hill Director Yakima County Department of Human Services 509-574-1520 On Aug 24, 2010, at 1:59 PM, "Rebecca Murphy" <yobluemama@gmail.com> wrote: > Mr. Hill the last email I sent you ended with me requesting > information about the contract to provide involuntary treatment > services.  Please respond.  Thank You. > Becky Murphy > > -- > ...choose for yourself this day whom you will serve...Joshua 24:15

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Rebecca Murphy	Tue, Aug 24, 2010 at 2:38 PM
To: Steven Hill
A simple request for what should be information available to any citizen of Yakima County is forwarded to your attorney?  What is there to hide? On Tue, Aug 24, 2010 at 1:59 PM, Rebecca Murphy <yobluemama@gmail.com> wrote: Mr. Hill the last email I sent you ended with me requesting information about the contract to provide involuntary treatment services.  Please respond.  Thank You. Becky Murphy -- ...choose for yourself this day whom you will serve...Joshua 24:15 Rebecca Murphy Wed, Aug 25, 2010 at 3:47 PM To: Kevin Bouchey Mr. Bouchey, This is not the conduct expected and accepted of employees and contract service providers, is it? I wondered if you are informed about this travesty?  My son was robbed of his civil rights when he sought to be hospitalized voluntarily.  Nancy Sherman, DMHP, forged a document, and offered perjured testimony in her petition, and failed to "attach" as she testifies said document.  this fraudulently obtained court order was then extended by Dr. Jeffery Jennings, a quack who is employed by CWCMH.  CWCMH staff tells me that the court clerk lost it, "they do it all the time."  This is a ridiculous statement.  I have never seen such  unprofessional, unethical and illegal behavior (in the name of cover your ass) as I have seen exhibited by Nancy Sherman, DMHP, CWCMH; Dr. Jeffery Jennings, CWCMH; Rick Weaver, CEO CWCMH; Steve Hill, Director of Human Services, Yakima County; Dan Polage, Deputy District Attorney; and Jennifer Lesmez, Assigned Council.  I have filed complaints with every law enforcement agency which address the crimes committed.  Yakima Police Department, FBI, and Health and Human Services, Office for Civil Rights.    You should know that Isaac Murphy chose to get his mental health services in Benton County almost a year ago.  He made this decision because he did not believe his doctor, Dr. Phillip Rodenberger, listened to him.  We have been driving 80 miles to get mental health services for Isaac all of 2010.  These mental health "professionals" do not display the conduct deserving of the title nor the  respect implied.   Respectfully, Becky Murphy "I believe we must speak our conscience in moments that demand it, even if we are but one voice." Richard Sanders, Washington State Supreme Court Justice On Fri, Aug 27, 2010 at 8:39 AM, Kevin Bouchey

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

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Rebecca Murphy	Mon, Sep 13, 2010 at 9:04 AM
To: kellore@dshs.wa.gov
---------- Forwarded message ---------- From: Rebecca Murphy <yobluemama@gmail.com> Date: Mon, Aug 30, 2010 at 9:59 AM Subject: CWCMH To: Kevin Bouchey <kevin.bouchey@co.yakima.wa.us> Mr. Bouchey, I want you to be aware that I have been told that all hard copies of the paperwork generated by CWCMH in the Emergency commitment of my son have been destroyed.  I was told they were shredded.  This is highly illegal.  I am still amazed that this agency apparently has no respect for the contract they have with Yakima County, or the laws of the State of Washington.   I realize that I requested what may seem to some, outrageous demands to correct the conditions and hold accountable individuals who failed to maintain ethical standards and or duties in regards to contracts and the law in the involuntary commitment of my son, Isaac. Please know this is only the latest debacle that CWCMH and Yakima County Human Services have created and or caused by failing to do what is required ethically and morally in Isaac's care.  To say I am tired of the lack of accountability, would be like saying Mother Theresa was a little bit Catholic.  Isaac was in Child Study and Treatment Center for 2 years after he no longer need to be there because Steve Hill failed to do his job.  His care for that period was almost a quarter of a million dollars!   Ultimately, Catholic Community Services out of Pierce County facilitated his return home.  That CWCMH has been allowed to abdicate their contractual obligation to the most needy of Yakima County's youth for decades under Steve Hill's watch is criminal. I have lived in this community since 1993.  I moved here because I was born here and believed I would be able to recover and help my child heal from the trauma he experienced in foster care.  Isaac was repeatedly beaten and locked in a closet. The woman who did this to my precious boy, killed 4 babies in this state as a foster parent.  That was the beginning of his so far life-long difficulties.  A system that should have bent over backwards to address the serious harm done my son while in it's care made me fight for what help I did get for him.  To say that it has been a long road would not truly describe the affront to my sense of decency; the belief that given an opportunity people will do the right thing is gone.  I trust God, but some of his people disgust me.  That I have been maligned because I have and will name names and report events which public servants/employees fail to do what is required is not what bothers me.  What bothers me is my son was and continues to be victimized by those who are purporting to act in his best interest and for the public good.   I was raised to by moral people who taught me the meaning of integrity.  My Dad was a farmer who raised 13 children.  He was active in the Farm Bureau and the GOP and many times went to the State Legislature to advocate for farmers, families and children.  The most important lesson I learned from my Dad was no matter what anybody else does--have integrity:"you can't make the right thing happen by doing something wrong." My point, I hope, is obvious:  If in fact employees of CWCMH were trying to do the "right thing," why did they have break so many rules, policies, and ignore the law?  They made a mockery of the Yakima County prosecutor's office, and the Yakima County Superior Court.  I wish to remind you that my son, Isaac wanted to go to the hospital.  He has never refused to take medication as prescribed.   Here are what other's have said about involuntary commitment: "The mental health establishment has snowed the American people: it launches the most unimaginable brutal psychological and physical assault on human beings in distress, calls this 'medical treatment', and then blames the outcome on 'mental illness'.  Seth Farber, PhD "Clearly this business of treating minds, particularly this big business of treating young minds, has not policed itself, and has no incentive to put a stop to the kinds of fraudulent and unethical practices that are going on." Pat Schroeder, U.S. Representative, 1992 "...legal systems have been established in a majority of states for involuntary and compulsory hospitalization and treatment of neurosis. These state laws have been based on a prototype bill published originally by the Federal Security Agency of the Public Health Service, now a part of the Department of Health, Education & Welfare. Entitled a Draft Act Governing Hospitalization of the Mentally Ill, it is, in fact, a skeleton bill designed for adoption uniformly by federal, state, and territorial governments to radically alter commitment procedures... if you won't consent to voluntary treatment, a police officer can arrest you. You can be subjected to 3 to 5 days of treatment of the psychiatrist's choosing before you even get a hearing to protect your rights in most states. Treatment can include electric shock treatments, chemotherapy, hypnosis or conceivably a frontal lobotomy... Basically, all that is necessary to revoke all the constitutional rights of any citizen is to accuse him of being mentally-ill."  John A. Stormer, "None Dare Call it Treason" This last one is from the Washington State Supreme Court Justice Sanders: "Deprivation of these statutory rights in the context of such a massive curtailment of liberty as commitment to a mental institution also constitutes a deprivation of that process due under the 14th Amendment to the United States Constitution because the deprivation is without lawful authority," Justice Richard Sanders wrote in the unanimous opinion. How many others have been Involuntarily Committed by CWCMH when seeking to be hospitalized?  I am certain my son was not singled out.  I suspect they are not used to having their petitions even questioned--not even by assigned counsel for the accused! Respectfully, Becky Murphy "I believe we must speak our conscience in moments that demand it, even if we are but one voice." Richard Sanders