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

RCW  71.05.520  – Protection of rights.

“The department of social and health services shall have the responsibility to determine whether all rights of individuals recognized and guaranteed by the provisions of this chapter and the Constitutions of the state of Washington and the United States are in fact protected and effectively secured.

To this end, the department shall assign appropriate staff who shall from time to time as may be necessary have authority to examine records, inspect facilities, attend proceedings, and do whatever is necessary to monitor, evaluate, and assure adherence to such rights. Such persons shall also recommend such additional safeguards or procedures as may be appropriate to secure individual rights set forth in this chapter and as guaranteed by the state and federal Constitutions.”

[1973 1st ex.s. c 142 § 57.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

My connection to my children is all that I have that is real and true

Start new day with a strong heart.
Oshimaru Kung

It has been a struggle over the last twenty years to access appropriate care and services for my son who is now twenty-five.  I am a different person than who I once thought I was, or hoped to become. And my son, is not only a grown man; but he is altered in ways that I have not yet found a way to accept gracefully. The lack of acceptance is due to the disparity between what I thought and believed at one time to be true; and what I now know to be true as a result of twenty+ years of experience with the publicly-funded mental health and social service systems. Experiences with psychiatrists and mental health professionals altered what I believe about life, social justice, my Country and my fellow man. 

I can't help but continue to believe that the values I once thought were guiding principles that public institutions rely upon, are still important; I am saddened to not have evidence these principles are valued today in actual practice. My continued belief in the importance of the ethical principles of Justice are borne from my desperate hopes for my son's safety and recovery. I will do everything in my power to protect him from further harm, and to sustain my belief that there will come a day he will be safe from further harm being inflicted by the systems that have harmed him so very badly already. 

My connection to my children is all I have that is real and true.

It is what it is.  There are no words that can accurately describe my visceral pain or explain the intellectual dissonance that permeate the events my family has had to withstand. What was done to my little boy to "treat" his emotional and behavioral difficulties have caused so much harm to him; to all of us.  It is impossible to escape the negative effects of his (mis)treatment on all of us; much less, it is impossible to justify the unethical and even illegal means that were used with impunity. The Real Word Outcome for my son from the "mental health treatment" provided by Washington State's Child Welfare and mental health systems resulted in profound iatrogenic disability. 

My son's "best interests" were never a primary focus; or even considered, his needs were callously ignored. 


It is hard for me to breathe sometimes remembering.  It is even harder when I am confronted with the reality that 'mental health treatment' still consists only of the drugs that caused my son his profound iatrogenic injuries---Psychiatry's reliance on the neuro-biological disease hypothesis makes a mockery of ethical medical practice.  For my son, this "treatment" has been, and continues to be, ineffective and harmful. 

An adverse effect of a drug's mechanism of action is NOT a "side-effect." The direct adverse effects from psychotropic drugs are rarely, if ever, given the consideration necessary to realistically, or ethically assess whether the possible benefits outweigh the potential disabling, fatal risks. In Psychiatry, a primary measure of treatment effectiveness is treatment compliance; outcome is a secondary measure. If psychiatry were practiced ethically, a patient's real world outcome would be paramount.

When my son feels threatened in any way, he retreats inside himself; into his safe place. It is how he survived what were horrific conditions. I am clear in my understanding of why he does this.  It's how he coped and how he continues to cope; it serves the purpose of granting him a feeling of safety--He tells me it is how he 'works things out.'  He first started using this coping strategy when he came to the realization that he had been betrayed, and that those who were supposed to be helping him were not listening to, or helping him; but simply continuing to drug him in a maniacal attempt to prevent symptoms. No mental health professional ever addressed my son's initial trauma; every one I asked refused to even try. Mental health professionals then refused to believe their lack of compassion and respect coupled with the direct adverse effects of psychotropic drugs only compounded the harm and inflicted additional trauma on my precious son. His symptoms of anger and aggression were a reaction to what he believed were threats to his life. What my son perceived as threats, may not have been actual lethal threats, but to my son, with severe PTSD, they were lethal threats. Naturally, he fought as if he were fighting for his life---in his mind he was. It is well established that severe early childhood trauma alters how young children's brains process information; mental health professionals consistently refused to help process the initial trauma that caused his PTSD.  By misinterpreting my son's anger and aggression, they in effect, blamed a victim for his injuries.  Ultimately, my son came to believe that the "only safe place left" for him to be was inside his own head shortly after going to Child Study and Treatment Center in October of 2000.  


He wasn't safe, he wasn't respected, or protected; he was used and abused. In effect, he was traumatized and tortured--these are the words he used to describe being at Child Study and Treatment Center to me; and that's what it looked like was happening to me. I have no difficulty believing Isaac when he shares what it felt like for him. I am outraged that these experiences are, and have always been, consistently unrecognized by mental health professionals as traumatic experiences.  He was there to get help. All of us were betrayed from the beginning---ultimately, what we had been led to  believe, and what in reality happened, is totally incongruous; irreconcilable and unacknowledged for the harm it caused all of us.  As Isaac has said, "The people who were supposed to be helping me, had no compassion for me."  CSTC was not a safe place, it was not even a therapeutic place. CSTC is in fact licensed as a research facility; it is not a hospital, as I had been led to believe.  The four plus years he spent in that place are a blur of devastating inhumane treatment that he does not want to think about or remember---I can't say that I blame him. It was a place to survive, and Isaac survived.  

I'm a witness, with overwhelming grief and loss that is always with me. I am haunted by the abject terror I felt when I realized I'd been betrayed, and effectively stripped of my parental rights to protect my son and to provide parental consent for his treatment. From the beginning, I was repeatedly told I had no say in any medical decisions on behalf of my son by Jon McClellan, the unethical federally funded psychiatric researcher who is still Medical Director of the State of Washington's only psychiatric research facility for children. Allowed only to bear witness to the trauma that McClellan ruthlessly inflicted upon my precious son; the memories still manage to take the wind out of me... 


Events that all but obliterated my confidence in my fellow man, thankfully did not rob me of my family. We have been blessed; we have survived intact as a family; it is a testimony to the unbreakable bonds forged by the profound love we have for one another. Isaac has told his brother and I that it is because we know what happened to him, and have confidence in him, that he can recover. This simple statement is a testimony of the innate need we human beings have to be connected to people who love and accept us unconditionally. It is also evidence of Isaac's profound insight. I know having this fundamental need fulfilled is critical to his well-being. I'm a MadMother humbled by these events, and humbled by both of my sons' utter confidence in me. Their confidence is a testament of the power of a mother's love for her children. I hold onto hope with a tenacity that is borne out of my profound love for my sons. Isaac suffered horribly and sustained profound disabling iatrogenic injuries. I nurture my hope, so I that I may sustain Isaac's hopes when he feels discouraged and afraid. It is an honor. It is a bittersweet privilege. I sustain hope in order to validate the confidence both my sons have in me. 

I am a witness, I am MadMother still haunted from having borne witness when my beloved son was traumatized and disabled by the teratogens mental health experts called "necessary medical treatment." 

Without hope, I am a only a MadMother crushed by a cruel truth: 

I didn't rescue my son nearly soon enough. 

And now these three things remain: faith, hope and love.
But the greatest of these is love. 

1 Corinthians 13:13

"all that I have that is real and true" first posted August 22, 2011 rewritten and reposted in April 2013

Clinically Tested or NOT: Using Risperdal for children's behavioral issues is NOT yobluemama approved!

NOT yobluemama approved!

My youngest son has paid a horrific price for the malfeasance of psychiatry, the FDA and the drug industry.  I would think no consumer's health should be risked because the prescriber's information and judgement is compromised by flawed, incomplete, or otherwise questionable data. Prescription drugs are marketed directly to the American public in advertisements with exaggerated claims of efficacy and safety, that minimize actual risks---No consumer protection laws prohibiting false advertising apply...


Altogether, psychiatry has failed to be honest about what is and what is not known about any and all psychiatric diagnoses and treatments!  The practice of psychiatry is permeated with deception, a lack of medical ethics, and a history of  using 'Standard Practices' that are not supported by clinical research.  Psychiatry uses social control strategies which are coercive and abusive.  The physical and emotional harm patients complain of is attributed to the patient's "lack of insight," or failure to be "treatment compliant."  Even worse, some practitioners deny the harm patient's experience altogether; or insist the harm is just the "tolerable" side effects of the "safe and effective" treatment they provide.  Using the Courts to force patients to take drugs or have "electro-convulsive therapy" because these are  the "only treatments" psychiatry has; it is the only treatments that the bio-psychiatry devotees use, but it is not the only treatments available.  It is morally reprehensible to state this as a justification for forcing people to have this "treatment."  Psychiatry has garnered the Force of Law using corrupt rearch, unethical medical practices and subterfuge.  A person targeted in this way has no rights at all once Court Ordered; my son was stripped of his Individual Rights to procedural due process just by having a Court Order sought.


via Jim Edwards on BNET on August 3, 2011:
"The FDA told Johnson & Johnson (JNJ) in 1997 that its(sic) request to market the antipsychotic drug Risperdal for children was “without any justification.” In the following years, J&J’s army of pharmaceutical sales reps made 100,000 sales calls on child and adolescent psychiatrists, justifying this by “qualifying” the docs if they had as few as one adult patient exhibiting signs of schizophrenia,"  


read the entire article:
Claim: J&J Wrongly Marketed Antipsychotic Drug Risperdal to Kids  on BNET by Jim Edwards


I am certain they started this crap before 1997 since my son was prescribed Risperdal in 1995---for a reason that is not an approved use for this neuroleptic to this day...I refer to the drugs called "antipsychotics" as neuroleptics; it is a more accurate term for the drugs.  It is misleading and deceptive to call them "antipsychotic," since the drugs are not "antipsychotic" for the majority of patients who experience symptoms of psychosis. The neuroleptic drugs are now more commonly prescribed for other psychiatric diagnoses and for symptoms other than psychosis. 


Neuro meaning nerve, or neurological and leptic meaning to seize, take hold of.  The drugs work on the central nervous system, and were first described as being as effective as a frontal lobotomy; no need for surgery.  How did neuroleptics become "treatment" for children with behavior problems?!  

Civil Rights violations are committed as a matter of course in stand practice which is not surprising given psychiatry's lawless conduct historically, acceptance of this fact permeates Academia, both in Educational and Research programs.  It is morally reprehensible that psychiatry's 'Standard Practices' were developed using fraud, deception, the Un-Informed Consent from patients, and coercion.  Why are patients and family members misled, and out right lied to about the 'safety and efficacy' of drugs, and why are people being given drugs that do not benefit them to the degree that the benefits actually outweigh the very serious adverse effects?   Why is  virtually every person who legitimately claims substantial harm due to psychiatric 'treatment' disparaged, mocked or ridiculed---if not ignored altogether?  


Why is psychiatry not demanding that adverse events caused by psychiatric drugs, including death, be reported to the FDA so they have a clearer picture how safe and/or effective the drugs really are?  


We know how many Americans are prescribed psychiatric drugs---we need to know how many are being harmed.  It seems to me that collecting this data is necessary to determine the validity of the safety and efficacy claims.  It is the real world outcomes that we need data on.  In the real world the damage caused by psychopharmachology is growing exponentially with a myriad of chronic iatrogenic illnesses, neurological impairments and social, moral, financial devastation. The iatrogenic harm experienced by psychiatric patients and their families must not be ignored any longer.  IMHO, the fiscal and social damage is contributing to the increase in discriminatory attitudes towards those who are labeled by psychiatric diagnosis and their families. Americans are bombarded with direct to consumer advertising  grass roots advocates allow education and advocacy programs to function as venues for pharmaceutical marketing campaigns.  Psychopharmacologists in effect, act as if the people they label are no longer worthy of having their Human Rights protected or defended.  The labeled are denied Equal Protection Under the Law---by 'doctors.'  


Psychiatry, as a profession does not hold it's practitioners accountable.  Discredited Harvard research psychiatrist, Joseph Biederman, is on the Scientific Advisory Board of a Consumer Advocacy group, CABF---or whatever they call themselves now.... The man is a crook who now 'advises' a nonprofit "consumer advocacy" group about the very condition he invented, and treatments he falsified research about which he then lied about it when he was caught!?!   


The so-called 'doctor' who insisted he had no duty to obtain Informed Consent for drugging my minor son, because in Washington State the Age of Consent for mental health and substance abuse treatment is thirteen; is still the 'Medical Director' of the only state-run psychiatric facility for children. My son could not have a conversation longer than two minutes, so there is NO WAY in HELL he had the capacity to give Informed Consent; and every staff member at that facility knew it.  This shining example of ego-driven psychiatry acted as if he were God; and needed no Informed Consent; his own approval for his 'treatment' plan which traumatized and disabled my son are all that Quack Master Jack required.  Apparently his intellectual superiority, allow him to abuse his authority and ignore medical ethics altogether.  Jon McClellan appears to not have a moral compass, professional integrity or sound clinical judgement. 

I almost vomited when I read in his CV he has received Awards for 'helping kids' recover and that he gives speeches on Ethics to non-profit groups.  The man is a thug in a white coat who broke the law, broke my son's spirit and Isaac says, "He stole my intelligence mom!"  This 'doctor' lied to my face so many times it makes me sick.  A doctor who uses his medical license as a symbol of infallible superior judgement while lying to patients and parents; and ignoring the Ethics Guidelines of the Medical Profession and the Hippocratic Oath, is not qualified to teach Ethics!  These two 'doctors' are not ethically qualified to be members of the Medical profession; let alone qualified to conduct reasearch and teach students, or advise patients, parents, and advocates or inform public policy!   


If you heard about a mechanic who had fixed a friend's car so well it that the car no longer could run; would you take your car to that mechanic?  Would you ask for advice from that mechanic?  Jon McClellan advises the State of Washington to this day; he is a criminal more than he is a "doctor."  


Massive financial fraud, corruption and the Civil Rights violations of those who are court ordered and forced to take drugs and/or receive electroshock  'treatment' both of which can disable or kill them; is not just,  is not Humane, and it certainly is not therapeutic; it is criminal.  The US District Court in Alaska dismissed a Medicaid Fraud claim brought by The Law Project for Psychiatric Rights, because fraud is widespread and ongoing!  What was the judge smoking!?!  This should in fact be a priority for the Department of Justice, as it has fiscal, social and moral relevance for all Americans.  The fraud and corruption has decimated Medicaid and Medicare budgets while causing some to became disabled and who then are forced to rely on other federally-funded social service programs.


This deception is eerily reminiscent of psychiatric 'Standard Practices' of the first half of the 20th Century. It is more than reminiscent, it appears to be using the same tactics.  A small group of individuals have laws passed which in effect, declare that some people are of a lower class, this is  determined by a psychiatric diagnosis; and being of this class means they do not need Equal Protection or have the same Human Rights as those without a diagnosis. Those who are labeled by psychiatry can lose their Liberty, and do not have the an effective means to defend against this loss of liberty, the loss of Liberty can be permanent, and may in fact cause their death.  Once Court Ordered, they must receive 'treatment' regardless of the treatment 's safety or efficacy, or lack thereof.  In Washington State people who have been Court Ordered to psychiatric treatment are entered into a tracking system for life; so they can be more easily identified and to make it easier to Court Order them again.  Didn't any of the so-called "advocates" for the mantally ill who lobbied for the passage of these Unconstitutional Laws, ever read any History books or the Constitution of the United States of America?   

The effects of drugs are commonly not shared with those who are taking them willingly; there must be a reason....Could it be they are not as safe or as effective as is being claimed?  To justify continuing this misguided 'treatment' strategy, and (inconceivably) to legitimize this pseudo-medical profession; more lies were told to subvert the truth. The 'treatments' were proclaimed to be, 'safe and effective' and psychiatric diagnoses were declared by psychiatric decree, to be 'brain diseases,' 'brain disorders' and 'chemical imbalances' which require life-long psychiatric 'treatment.'  


I am more than a little disappointed the American Medical Association has not taken a stand on the loss of health, liberty and life caused by psychiatry and it's pseudo-medical treatments. Psychiatry virtually ignores the Ethical Guidelines for Informed Consent and the Hippocratic Oath to, "First do no harm..." 

"Whenever a doctor can not do good, he must be stopped."  Hippocrates.

a final note:

What is with our public servants, don't State and National elected officials take an oath to protect and defend the preeminent Law of the Land as WE the People's elected representatives?  There appears to be little evidence of representing the interests of the people when formulating public policy, or the legislation that effectively enacts those same public policies.  It appears that when formulating public policy, elected officials find ways to erode and subvert, rather than Protect and Defend the Law.   


Sworn Oaths do not have any significance once a person is in the grip of a new diagnosis being considered for the DSM 5 that afflicts psychiatrists, "advocates" of bio-psychiatry and those elected to Public Office it is called, "Special Interest Mania," is a disease that robs it's victims of ethical integrity, and allows them to abuse their authority. It's symptoms emerge when Conflicts of Interest are ignored and no longer recognized. Symptoms include a lack of remorse, a lack of empathy, and intense feelings of fulfillment and euphoria when close to a funding source, or special interest lobbyist. A unique feature of this condition is how it affects everyone who does not have it: It causes those who are not afflicted with it to be screwed over, and may lead to being stripped of their Human Rights and may include being labeled with a psychiatric diagnosis in need of life-long psychiatric treatment with or without consent.


graphic credit

Why can't you simply DO YOUR JOBS as paid public servants and demonstrate some ethical integrity?

“Our problems stem from our acceptance of this filthy, rotten system.” 

Dorothy Day

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

even if we are but one voice" Richard B. Sanders

Keeping Up Appearances in Washington State the State's investigation of my complaint because It took one minute... for the Court hearing to commit my son to Involuntary Treatment.  Then I learned How Many Go Without Effective Assistance of Counsel? 
How my son came home from Child Study and Treatment Center  A MadMother in Pro Per 

December 14, 2012

Dear Ms. Murphy:

I am writing in response to your e­mail exchanges with the Attorney General’s Office that have occurred since September 18, 2012.  In your e­mails, you have stated a concern that your son was not treated with appropriate mental health services by the Department of Social and Health Services (DSHS).  Further, you have stated that you believe a criminal investigation should be commenced to look into felony crimes committed in the course of your son’s treatment.

I am one of the attorneys in the Attorney General’s Office involved in the representation of behavioral health programs within DSHS.  In that capacity, I was asked to respond to your letter.

Your letter does concern me because the mission of DSHS is to decrease poverty, improve safety and health status and increase educational and employment success to support people and communities in reaching their potential.  Each year, more than 2.2 million children, families, vulnerable adults and seniors come to DSHS for protection, comfort, food assistance, financial aid, medical and behavioral health care.

In your correspondence, you have raised concerns about the treatment your son received by various behavioral health care providers, including the Child Study and Treatment Center.  Our office is not in a position to investigate the state agencies or systems that we are charged with representing.  Therefore, I recommend that you take your concerns to a private attorney or legal service organization (such as the Northwest Justice Project), who can counsel you as to the most appropriate action.  Criminal actions are generally investigated by the county prosecuting attorneys.  The Attorney General’s Office only investigates and prosecutes those criminal cases where local prosecuting attorneys cannot undertake the case.

I hope this information is helpful to you in clarifying the role of the Attorney General’s Office.

Sincerely,

ERIC NELSON

Assistant Attorney General

EN:jsn

Please do not respond to this e-mail address; it is an unmonitored account.  For any further correspondence to the Washington State Attorney General’s Office, please go to the AGO Web site and use the contact form at

https://fortress.wa.gov/atg/formhandler/ago/ContactForm.aspx.

Mr. Nelson, 

I appreciate your response, however, I am disappointed in it's content, particularly the notice at the bottom.  I am fully cognizant of the legal functions the Attorney General is responsible for as an elected public servant working for the people of the State of Washington. One the legal duties as the State's legal representative whose job is to enforce the Law, is also to ensure that the people who are Court Ordered to Involuntary Treatment have their procedural and substantive Due Process Rights, their Human Rights, i.e. their Constitutional Rights, preserved. 

An Order to Detain was sought and obtained using perjured testimony, the petition was supported by a forged Affidavit, the DMHP, Nancy Sherman, further attested she had informed me of her intention to Detain my son, who was seeking to be hospitalized; she did not inform me. She further attests on her petition that my son was accompanied by his brother, which is true. What she did not say, is that he was also accompanied by me, his mother. She states in her petition that she notified me "verbally" of her intent to detain my son; this is a lie. She attested that she notified me "verbally," but lists a number that is not my phone number.---I was present at the Crisis Center, so there would have been no reason to call me on the telephone---the testimony Ms. Sherman  offers the Court implies that I was not present.  These "facts" along with slander are used by Ms. Sherman in an obvious an attempt to characterize my son being violent and aggressive, the statements are libelous and are offered as evidence on her petition seeking an Order to Detain. Ms. Sherman commited felony perjury and fraud  when performing her job and acting as an agent of the State as the Designated Mental Health Professional; she is employed by Central Washington Comprehensive Mental Health (CWCMH) who is the only contracted provider for crisis response mental health services in Yakima County. The psychiatrist, Jeffrey Jennings, who subsequently sought a Court Order for Involuntary Treatment, had never met my son, and refused to return multiple telephone messages I left both at his CWCMH office and at the hospital; yet on multiple occasions he had left messages with Memorial Hospital staff for me to call him. The man had no first hand information about my son, or the circumstances which led up to the crisis when his brother and I accompanied him to the crisis center. So, instead of using only information he knew first hand to be true, as the instructions from the Washington State Court form states must be used when filing an Affidavit and a petition for a Court Order, Jeffrey Jennings simply repeats the false testimony offered by the DMHP, Ms. Sherman.  Both the Deputy Prosecutor, Dan Polage, and Assigned Counsel, Jennifer Lesmez, were aware that the facts alleged were in dispute. Dan Polage had an ethical and a legal Duty to verify the veracity of the evidence, and did not. Specifically, the Court was told that my son had attacked me, had thrown a large television at me---breaking it to peices---and the Court was told that he threatened both his parents and that we are afraid of him; my son had not seen his other parent for over a decade---

Below is a picture of the TV the Court was told had been smashed to pieces.  What really seriously ANGERS me, it that bitch told the Court that I am afraid of my son, and that he had attacked me, neither of which are true.

I am afraid FOR my son.  After this chain of events, I have no doubt that the biggest threat to his life, what health he has left, and his happiness comes from unethical Mental Health Professionals. I now know DMHPs and psychiatrists are allowed to commit Felony Crimes in Washington State's Superior Court, with impunity.   

Mr. Nelson,  I want to point out that you neglected to share anything about what the Attorney General's legal duty was/ and still is, to MY SON, the victim of Nancy Sherman, Jeffrey Jennings, Dan Polage, and Jennifer Lesmez.  The State has a duty to my son, and to all people who like him, have a psychiatric diagnosis and are brought before the Washington State Superior Court by Washington State's Designated Mental Health Professionals. The DMHPs are acting as agents of the State of Washington, tasked with determining when the deprivation of a person's Liberty is required in order to help a person with a mental illness. 

Ensuring that these Court Orders are only obtained when necessary, and in compliance with Washington State Law, is one of the duties that the involuntary treatment statute states the State of Washington must perform.  As the SOW's legal representative, this legal duty resides with the Attorney General's office.  I filed my complaint with the designated complaint taker in DSHS that Washington State's Administrative Code identifies as the proper receiver of such complaints. The complaint should have been forwarded to the Washington State Patrol so that the Felony Crimes alleged in the criminal complaint could be investigated.  The crimes were perpetrated by people acting as agents of the State of Washington; which is probably why the Division of Behavioral Health and Recovery did not inform Law Enforcement so that a proper Criminal Investigation could be conducted.

Instead, DSHS DBHR sent a couple of social workers who "investigated " and determined that my son's rights had not been violated, but were in fact, effectively preserved. This so-called investigation did no fact-finding or fact checking; and did not even interview eye-witnesses or speak to the victim, my son. In fact, these so-called investigators, claimed that merely by examining an electronic record, parts of which were copies of the fabricated testimony Nancy Sherman cut and pasted on a Court form Affidavit; and that psychiatrist, Jeffery Jennings, subsequently used in support of his petition to commit my son; is an investigation! These idiots concluded that everything in the record, including factual errors, i.e. contact information, and events that both attested under penalty of perjury to have occurred--which neither of these attestors witnessed. In reality, the attestations of Nancy Sherman and Jeffrey Jennings, have no basis in fact.  The State's "investigators" concluded in effect, the perjured statements are FACTUALLY correct, because the "investigators" had read them in the electronic record. The so-called investigators basically assert in their written report that the electronic record, is evidence that my son's Constitutional Rights were not violated. I assure you it is a violation of a person's individual rights to be proceeded against in a Court of Law when fraud and perjured testimony is the only "evidence." 

The Court Order was in fact illegally obtained, the Deputy Prosecutor and the Assigned Counsel went along, acting as accessories these officers of the Court facilitated the Felony Crimes committed by the DMHP, Nancy Sherman and psychiatrist, Jeffrey Jennings. I hope by now, my point is obvious to you, Mr.Nelson. Encyclopedia Brown or the Hardy Boys could have conducted a better investigation... 

It is my understanding from your email that you are asserting the State has no duty to investigate crimes committed by it's agents when it has been informed it's agents have committed felony crimes in their professional capacity which harm people and violate their individual rights; when the law clearly states the State does in fact have a duty. To be clear, you are telling me that the Attorney General has no duty to investigate felony crimes committed in Washington State Superior Court in Civil Commitment proceedings.  I suspect your assertion is made because the State is liable for the harm caused by the unethical, illegal actions of it's employees and contracted service providers Nancy Sherman, Jeffrey Jennings, Dan Polage and Jennifer Lesmez. To reiterate, are you suggesting it is not illegal to violate a person's individual rights under the Washington State Constitution and the Constitution of the United States of America when agents of the SOW, a DMHP, a Deputy Prosecutor, Assigned Counsel for the Defense, and a psychiatrist, submit and/or suborn perjured and fraudulent testimony to obtain the Court Order? You appear to be stating that the AG's office has no legal duty to investigate Civil Rights crimes committed against people with psychiatric diagnoses; and no duty to prosecute perpetrators who criminally victimize vulnerable adults with psychiatric diagnoses?

In fact, Mr. Nelson, the State has a legal duty to ensure that my son's individual rights are secured, and effectively preserved when it's agent's petition the Court to commit him to Involuntary Treatment. The State failed to do this. It is the State's duty to prosecute felony crimes, which victimize vulnerable adults; I would think it is in the State's best interest to prosecute felony crimes committed by Officers of the Court, and people acting as the SOW's agents that victimize vulnerable adults. The failure to conduct a criminal investigation implies the SOW has no fiduciary interest in actually performing it's ethical and legal duties in order to preserve the individual rights of people subject to being deprived of their liberty in civil commitment proceedings by agents of the state EVEN though State and Federal Law require the state to perform these duties... 

These events resulted in a  temporary loss of my son's Liberty---for six months; and a permanent loss of my son's Second Amendment Rights, these actions also violated his individual rights under the 4th, the 8th and the 14th amendments---in effect, and in fact, these are Human Rights Crimes.  What infuriates me, is these events further traumatized my son, who was and is a trauma victim.  The treatment he received at CSTC can best be described as torture, as Human Experimentation, i.e. Crimes Against Humanity.  The reason I file complaints on his behalf Mr. Nelson, is that he has cognitive and neurological impairments which also compromise his ability to effectively defend and advocate for himself. These injuries were caused by Jon McClellan, Medical Director of CSTC, who tortured my son using him as a guinea pig in Drug Trials.  It's true the Statute of limitations has tolled on Jon McClellan's crimes, it is also true that his crimes were a violation of State and Federal Law and the Nuremberg Code; Jon McClellan's crimes violated both my son's and my Constitutional Rights.  Worst of all, Jon McClellan permanently disabled my once brilliant son who at the age of seven, had an IQ of 146; but today can't do what he did at the age of seven. He did this without Informed Consent, and in spite of my vehement protests--and he was enabled to do this by agents of the state working in DSHS Children's Administration who violated State and Federal Law, and ultimately committed over a million dollars of Medicaid and Child Welfare fraud . 

I share these facts because they are the necessary background which must be understood and are relevant to as to why I report crimes committed, not only because the crimes further traumatize my son, but also because Mandated Reporters working for the State do not. Once again, the State of Washington has failed to do it's duty with due diligence, or with ethical integrity, and also once again, the State of Washington is denying any responsibility to perform a duty owed to my son. 

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 more recent felony crimes committed in the summer of 2010, caused my son, who is a large man of 6'3" and close to 300 lbs., to be so severely traumatized that it took me three weeks to convince him it was safe for him to step outside into our fenced yard. 

It is obvious the State of Washington is not compelled by any sense of ethical duty, and that it fails to perform it's legal duty to preserve and protect the individual rights of people who have psychiatric diagnoses in Civil Commitment proceedings. In my son's case, the State of Washington FAILED utterly and completely.  My son's rights were neither preserved nor defended, he was further traumatized yet again, and suffered further iatrogenic harm.   

My point is simply this: The State of Washington has a legal duty and I should not need to get an attorney to compel the Attorney General's office to ethically perform a job as an Officer of the Court that is in fact the AG's ethical legal duty to perform according to Washington State and Federal Law. Your email message suggests that the only way the AG's office and State of Washington will comply with State, Federal and International Law to ensure that individual rights are preserved and defended for people who are Court Ordered to Involuntary Treatment, is if the State is forced to perform it's duty. In effect, you imply the AG must be compelled to do the tasks he is obligated by Law to perform.  I am not surprised at your outrageous claim; but I am once again disappointed. 

I would like to point out that legal action against the State, would be legal action against the people who live here, my neighbors and my family members who pay your's and the Attorney General's salaries; that hardly seems just. Why can't you simply DO YOUR JOBS as paid public servants and demonstrate some ethical integrity? Stop trying to blow smoke up my proverbial skirt, and stop abdicating responsibility for performing your legal duties with ethical integrity. You are public servants with an obligation to serve the people; are you aware that it is the people who are the State of Washington? The State of Washington is not the public mental health and social service systems. Protecting the criminals who are public servants that commit felony crimes, and victimize vulnerable people whom the State has a duty to protect, is not serving the people, i.e. the State of Washington. 

Respectfully,

Becky Murphy

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