Betreff: STATE TERRORISM OF CHILDREN, VULNERABLE PEOPLE HAS TO BE STOPPED NOW.... ABUSERS, VIOLATORS, COVER UP NOW MUST BE PROSECUTED IN COURTS OF JUDICIAL DUE PROCESS
Von: "A Voice for Children"
Datum: Tue, 26 Oct 2004 02:01:27 -0700
An: "A Voice for Children"
CC: ,

STATE TERRORISM OF CHILDREN, VULNERABLE PEOPLE HAS TO BE STOPPED NOW....  ABUSERS, VIOLATORS, COVER UP NOW MUST BE PROSECUTED IN COURTS OF JUDICIAL DUE PROCESS
 
 
excerpt: "They blame a lack of political will: To close the hospital now would be an indictment of state officials who, they say, have long recognized the need for change but will not risk upsetting the status quo. 
 
"State Sen. Avel Gordly, D-Portland, said the state needs to salvage the lives of state hospital patients rather than the careers of bureaucrats.
"It can't go on," she said. "Everything that happens there happens in our name -- and let's be real clear, what happens there is shameful."
 
Note:  "upsetting the status quo?" THEY ARE GOING TO JAIL NOW, ALL WHO ENFORCE ANY OF THIS OR ARE FOUND NOW TO HAVE BEEN INVOLVED IN THIS FOR YEARS, IN COVER UP, ABUSE AND FRAUD ....  THIS IS CRIMINAL ABUSE !!!  ONE CRIME as described is a claim necessitating damages and remedy - these crimes are systemic !  Countless children, adults murdered, tortured, damaged for life as children in these demonic environments without love or security.   
 
We are glad to hear Sen. Avel Gordly say that they see they are personally accountable for years of horrific abuse in the child services and mental health agencies.... now come clean about all the agencies and the total fraud being enforced on the people.  She is right and knows it that the courts have only been about protecting the careers of bureaucrats and corrupted legislators while the people are being destroyed in the policies THEY WRITE TO ALLOW THIS TO CONTINUE.
 
These are crimes and the facts already long in the record are a criminal indictment of racketeering abuse and fraud, known for years and blocked in Marion County by criminal District Attorney DALE PENN and criminal presiding judge PAUL LIPSCOMB, protected by all Oregon Supreme Court judges, who are acting as a wall of denial at this time to  stop any of this abuse.  LIPSCOMB admitted under oath in his own courtroom in our trials that many people are in jail who were committed to the mental hospital for "unable to assist in their own defense" when they say they refuse an attorney, and the judge refuses to allow them to excercise their Inherent Sui Juris status.  It is a practiced and polished method of deception in the corrupt rule book they use.
 
As this is all coming to the light of public knowledge,  in Marion County the commissioners and agents are right now building a NEW abuse center, making the children build it themselves at slave wages and no wages.  The voters in Marion County said NO to this abuse and terrorism center on three elections, so the commissioners with federal money are using the children forcing them as slaves to build their own prison !!!!  STOP THE VULTURES !!!
 
Remember, right now Bush just signed TWO bills for forced mental screening of all children, pregnant women, vulnerable adults.  No crime necessary, you will be comitted if you refuse to take their "treatment" drugs, programs, therapy as ordered once you are assessed or your children are assessed.... you will be ordered to pay for these forced compelled contracts as well, and if you do not do it, or say no, or do not pay, you will lose your children who will then be forced drugged in state foster home child prisons and institutions, the one below described is what you will face. 
 
Three adults we know personally who were committed to this institution were sent there from court, by prostitute judges denying them the right to a jury as they have an unalienable right in the court.   When they confronted malicious prosecutions they were forced into mental evaluations by the judge who writes "get a mental health exam" and leaves the room.  In all three cases, whore Dr. SUKOW at the jail came in to the courthouse to do the evaluations (should have been a real tip off to our friends but afraid to not comply they appeared for the evaluations).  Before the evaluation was even done, they were handcuffed and  off to the mental hospital.  We saw the paperwork ... it said they were sentenced 'INDEFINITELY' for "PROSECUTORIAL DELUSIONS SAYING THE JUDGE IS CORRUPT".  "indefinitely" is a LIFE SENTENCE, and as you read below many of these people have been in there for YEARS.
 
We heard the Senators in the law commission say that unlike adults in circuit court where sentences are set out in the trial and adhered to, say thirty days or three years, or whatever..... the juvenile cases and mental health cases are INDEFINITE in their sentences, NO TIME SET, and many times children grow up in the mean time, YEARS spent in the institutions while the state runs the checks and funding streams exploiting them being imprisoned.  That is ALL this is about, and there has been no adherence to the law in the confining of these people... no remedy, no due process, attorneys do NOT defend anyone, they send them to these places, telling them not to irritate the judge or talk in court when they are being terrorized and abused.   Many go to these agencies FOR HELP, and really need help, but are instead exploited and warehoused.
 
THIS IS WHERE YOU ARE GOING TO BE SENT AFTER YOUR ASSESSMENT, RIGHT FROM THE COURT OR MENTAL EVALUATION CENTER.   NEXT YEAR.... THEY ARE ALREADY DOING IT IN OREGON UNDER THE OREGON CHILDRENS PLAN, SOON TO YOUR NEIGHBORHOOD IN ALL 50 STATES....
 
SAY NO, NO, NO AND WE HAVE TO START PROSECUTING ANY WHO CONSIDER VIOLATING OUR RIGHTS IN THIS MANNER .... IT IS OVER FOR ANY WHO INTEND TO ENFORCE THESE OUTLAW RULES, WE WILL DEFEND IT AT THE POINT OF A WEAPON IF NECESSARY TO PROTECT OURSELVES AND OUR CHILDREN.... NOTICE TO ALL LEGISLATORS AND AGENTS WHO THINK THEY ARE GOING TO DO THIS TO ANYBODY.....  YOU WILL GO TO JAIL FOR YOUR ABUSE....
 
pamela gaston
www.avoiceforchildren.com
 
Senator fears loss of hospital
http://www.oregonlive.com/news/oregonian/index.ssf?/base/front_page/
1098532755109380.xml

Senator fears loss of hospital

Peter Courtney urges legislators to act on problems at the Oregon State
Hospital before it faces a federal lawsuit or a court seizure
Saturday, October 23, 2004
MICHELLE ROBERTS
Oregon Senate President Peter Courtney said Friday that conditions at the
Oregon State Hospital in Salem are so appalling the institution is
vulnerable to a federal lawsuit and possible takeover by the courts.

In a two-page letter to fellow state senators, Courtney railed against the
overcrowding, understaffing and decrepit conditions at the 121-year-old
hospital.
"All of these factors, compounded by a history of past patient abuses, make
a federal lawsuit an imminent probability," Courtney wrote.
"Not only will that cost the state a tremendous amount of money, but may
result in a court taking over our public mental health system. The matter
will be taken out of our hands if we do not act quickly."
Courtney's letter came in response to a recent meeting with Dr. Marvin
Fickle, hospital superintendent since last summer. Courtney called for the
meeting last month in response to a two-day series in The Oregonian that
detailed the sexual abuse of as many as a dozen patients in the hospital's
adolescent unit by psychiatric aides from 1989 to 1994.
The investigation disclosed that hospital officials and their supervisors --
most still employed in state government -- did little to stop the abuses and
often failed to report suspected sexual abuse immediately to police and
child welfare workers as required by state law. The articles also said the
hospital had taken only limited steps to prevent abuse in the years since.
Courtney characterized his meeting with Fickle as "deeply troubling."
Courtney said Fickle denied that children were continuing to be abused in
the hospital but did acknowledge that patient conditions were dreadful.
The hospital is one of the oldest and most decrepit state mental health
facilities in the United States. More than 40 percent of its building space
is unusable.
"Water leaks from the roof down through three floors, walls are crumbling
and asbestos insulation presents a toxic hazard," Courtney wrote.
The hospital houses 760 patients, but has only 1,150 staff members, one of
the lowest patient-to-staff ratios in the country. By contrast, he pointed
out, a comparable hospital in Washington state employs 1,900 staff for 790
patients.
A public records request by The Oregonian shows there have been more than 50
substantiated cases of physical, vocal and sexual abuse against adult
patients by staff in the past 31/2 years.
"I reached the conclusion after talking to (Fickle) that the hospital has
reached the point of no return," Courtney said in an interview Friday.
"If the courts get involved in this and we come under judicial watch, we're
going to have to tear down the facility and start anew, or tear down
portions and rebuild.
"We've been getting away with this for decades."
Courtney said the state's mental health system -- and the future of the
state hospital -- would be one of the key issues for him in the coming
legislative session.
"Mental health always gets put last -- always, always, always," he said.
"I'm well aware of what the governor's budget is going to be -- but that's
too bad. That can't be used as an excuse anymore."
Reached late Friday, Gary Weeks, director of the Department of Human
Services, which oversees the hospital, said he is unsure whether the state
is in danger of losing control of the hospital.
"I'm not prepared to say we've exposed ourselves to a lawsuit," Weeks said.
"But (Courtney) may have a lot more information than I have on this."
Also on Friday, Gov. Ted Kulongoski announced that he has received a review
from Weeks of the Oregon State Hospital's policies on patient abuse.
Kulongoski requested the review after The Oregonian's stories.
A panel of the state's top mental health officials will examine the 200-page
report to determine whether changes in abuse reporting and investigations at
the hospital are necessary.
"We must ensure," he said, "that the state is providing the best possible
care to Oregonians with mental illness being served at the state hospital."
Michelle Roberts: 503-294-5041;
michelleroberts@news.oregonian.com
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Oregon's high-priced hospital of hurt
 
http://www.oregonlive.com/news/oregonian/index.ssf?/base/front_page/1098
619127168250.xml

Oregon's high-priced hospital of hurt

The state mental hospital survives on legislative inertia, thwarting
patients' recovery while costing taxpayers dearly

Sunday, October 24, 2004
MICHELLE ROBERTS

SALEM -- Oregon spends half of its annual $180 million budget for mental
health on the Oregon State Hospital, an overcrowded, decrepit institution
that serves less than 1 percent of patients who need psychiatric care.

The hospital -- only a mile from the Capitol -- is a hulking reminder of the
state's failure to forge a modern approach to treating people with mental
illnesses.
Study after study has recommended that Oregon scale back the hospital and
invest in a network of community homes that would be both cheaper and more
effective for patients.
But until now, mental health leaders and advocates have feared that if they
pushed this approach, the hospital would close and, given the Legislature's
consistent failure to adequately fund community mental health services,
nothing would replace it. State officials also have been reluctant to risk a
fight with the unions that represent the hospital's 1,150 employees.
As a result of this impasse, the state has spent millions of dollars
renovating the 121-year-old hospital.
A significant shortage of group homes and other community-based services has
forced hundreds of patients who could live in less restrictive surroundings
to remain in the hospital, despite growing evidence that long-term
institutionalization makes psychiatric patients sicker. Most patients who
arrive at the hospital psychotic quickly stabilize with modern medications.
On Friday, Senate President Peter Courtney, D-Salem, said the hospital is in
such dire straits, it's in danger of being shut down by federal authorities.
He warned that the issue could no longer be avoided.
"The physical condition of our state hospital is merely a metaphor for the
ramshackle state of our larger mental health system," Courtney wrote in a
letter to fellow senators last week. "We must address this crisis, and we
must do so before we adjourn the next legislative session."
Experts agree. "It's astounding that Oregon is operating such a massively
large institution in the 21st century, and unthinkable that they are adding
more wards," said Robert Bernstein, executive director of the Washington,
D.C.-based David L. Bazelon Center for Mental Health Law, a leading advocacy
group for people with mental disabilities.
"It runs counter to all that we know about people with mental illnesses, the
treatments that really work and the ability of people to recover," Bernstein
said.
Many states have shuttered or dramatically reduced the size of their mental
hospitals, responding to federal policies that reward creation of
community-based centers to treat the acutely ill.
State officials acknowledge that if they invested the Oregon State
Hospital's $90 million annual budget into such projects, the state would
receive a matching $90 million from the federal Medicaid program, allowing
the state to help tens of thousands of Oregonians who now go untreated.
The hospital is the most expensive way to treat people with mental
illnesses, costing taxpayers an average of $11,000 per patient per month.
In September, the hospital housed at least 130 patients who had been cleared
to live in group homes or assisted living centers, which cost between $1,000
and $5,000 a month. Such patients are routinely held for an average six
months after state hospital doctors approve them for release, hospital data
show. Some wait more than a year.
Top state officials insist that Oregon's mental health system is on the
verge of reform.
A 21-member task force, appointed a year ago by Gov. Ted Kulongoski,
recently recommended examining the possibility of building a single
forensics mental health facility for patients who can't be treated in the
community.
In addition, state mental health leaders are working to create 80 community
beds for forensics patients who are able to live outside the hospital.
However, even the governor's own task force questions whether its
recommendations will be followed.
Bob Nikkel, who heads the Department of Human Services' mental health and
addictions office, promised the task force updates on progress. "It is my
intent to make things happen to the degree I have the ability," he said.
Advocates and lawmakers are disappointed that the task force failed to
recommend shutting down the hospital.
They blame a lack of political will: To close the hospital now would be an
indictment of state officials who, they say, have long recognized the need
for change but will not risk upsetting the status quo.
State Sen. Avel Gordly, D-Portland, said the state needs to salvage the
lives of state hospital patients rather than the careers of bureaucrats.
"It can't go on," she said. "Everything that happens there happens in our
name -- and let's be real clear, what happens there is shameful."
Any attempt to do so will run into political reality: Hospital workers have
much more clout than those they treat.
"There are a lot of jobs at stake," said Bob Joondeph, director of the
Oregon Advocacy Center. "Why take on a group of public employee unions in
something in which you're going to have to invest a whole lot more money
upfront for a population that, frankly, the public's primary concern is
their safety from these folks rather than the quality of their care?"
"Cuckoo's Nest" revisited
Thirty years ago, the Oregon State Hospital molded the nation's image of
institutionalization when it became the setting for the movie "One Flew Over
the Cuckoo's Nest."
A look behind hospital walls shows that many of the conditions depicted in
the film still exist.
The J Building, named for its shape, borders a blocklong stretch of Center
Street. Except for two disjointed wards at either end, much of the building
is uninhabitable.
On one empty ward, lead paint curls from the walls. Asbestos frost floats in
the air. On a recent day, a dead rat lay rotting in an oversized trap on the
day-room floor.
One ward over, where patients live, conditions aren't much better. Aging
pipes emit cloudy water. Strange smells float from vents. Asbestos floor
tiles, when chipped, are treated as hazardous material. Raw sewage
occasionally leaks through the ceilings of patient rooms.
The hospital, built in 1883, is one of the oldest, most dilapidated state
mental institutions in the United States. In fact, a 1988 report urged
lawmakers to demolish the J Building because of health and safety dangers.
But two years ago, after another 14 years of decay, state officials did the
opposite, pouring nearly $1 million into a corner of the crumbling structure
to make room for more patients. Another ward was added last month.
"When it comes to opening new wards, this is the kind of space we have
left," said Maynard Hammer, a deputy superintendent, as he stood last summer
in a vacant corridor inside the J Building, kicking chunks of plaster that
had dropped from above. "We're not talking about what's best for patients.
We're only talking about having a place to put them."
The J Building isn't the hospital's only structural liability. The 1988
report also warned that the outside walls of the newest building on the
148-acre campus, the five-story 50 Building erected in the 1950s, were at
risk of crumbling.
The top floor of the 50 Building, which houses locked forensics wards, was
vacant for years because faulty plumbing could not deliver water high
enough. A $4 million renovation was completed in the 1990s to secure the
walls and fix the plumbing, but doors throughout the structure, including
those on elevators, often refuse to open and close.
A year ago, a group of patients was so desperate to document living
conditions that they sneaked a disposable camera into the hospital. Their
pictures showed steel beds crammed into dirty, crowded rooms, filthy
toilets, torn furniture, broken sinks, and portable bathrooms in the outdoor
yard overflowing with urine and feces.
More than 100 patients in the 50 Building asked for a state investigation.
A 2003 report by the Oregon Health Services Health Care Licensure and
Certification Section stated that the hospital had broken several state
rules. Each of the building's seven wards exceeded capacity by two to 12
patients. Ward 50 I, which ideally would hold no more than 30 patients, held
43.
Toll of thin staffing
Administrators estimate that the hospital is 30 percent to 40 percent
understaffed. It houses 760 patients and has 1,150 staff members -- one of
the lowest patient-to-staff ratios in the nation, Courtney said. A
comparable facility in Washington state employs 1,900 staff for roughly the
same number of patients.
Seven physician and 40 to 50 nurse positions stand vacant. Openings for more
than 40 psychiatric aides -- employees who do the bulk of direct care -- go
unfilled because many qualified professionals are unwilling to accept low
salaries and what Courtney called "awful working conditions."
State records show the hospital relies on overtime, both mandated and
voluntary, to fill shifts.
According to a recent audit by the Department of Administrative Services,
the hospital could save more than $1 million every two years if
administrators filled staff vacancies instead of habitually using overtime.
Records examined by The Oregonian reveal the dangers of thin staffing. Two
years ago, hospital administrators sent a memo "reminding people that it was
not OK to sleep on the job," state records show.
However, the state documented four subsequent cases in which employees fell
asleep when they were supposed to be watching dangerous or suicidal
patients.
An examination of state documents further shows that patients were beaten,
kicked, humiliated and tormented by staff in more than 50 substantiated
incidents of abuse within the past 31/2 years.
In case after case, staff demeaned patients, calling them names, such as
"retarded" and "zombies." Some patients sat in dirty diapers for hours
because workers were too busy to change them.
"Honestly, the care we provide is of low quality," said Jon Sears, a mental
health specialist who gives group and individual therapy at the hospital. "I
say that with reservation because we have so many people who are trying so
hard. But with so many things against us . . . we're in a situation where
all we do is triage, over and over."
"They're warehousing us"
Psychiatric research has long shown that people with mental illnesses can
recover -- a notion unfathomed when the country's first "insane asylums"
were erected in the 1800s.
Today, mental health experts widely accept research that shows that, with
supports such as medication, housing and meaningful human interaction, most
people, even those with serious mental illnesses, can lead productive lives
outside of institutions.
In fact, long-term isolation from family and community can slow, even
thwart, their recovery.
"What's happening in Oregon is a throwback to a time in which patients were
treated in a way we no longer believe is appropriate," said Dr. Paul Fink,
professor of psychiatry at Temple University School of Medicine and past
president of the American Psychiatric Association.
Patients at the hospital put it more bluntly.
"They're warehousing us," said Richard I. Laing, a 64-year-old patient who
has been hospitalized since 2002. "We get here and there's no treatment.
There's no interaction. Just a bunch of people sitting in a room getting on
each other's nerves."
Exhausted ward staff often must break up fistfights on the tense, cramped
wards. Injuries against staff are up nearly 40 percent this year, to 200
incidents, Sears said. Patients often go months without seeing
psychiatrists, languishing instead of moving forward with therapy.
Some patients arrive at the hospital under civil commitment, meaning a judge
has determined they are so ill they are either a danger to themselves or
others, or they are unable to survive on their own. Others are forensics
patients under the jurisdiction of the Oregon Psychiatric Security Review
Board, which monitors people who plead guilty, except for insanity, to
crimes that range from misdemeanors to murder. Only a very small number have
committed heinous crimes. Most, say their therapists, are accused of
offenses that never would have occurred had the patient had medications and
services in the community.
In December 2000, the federally funded Oregon Advocacy Center, which
monitors rights for people with disabilities, filed a class-action lawsuit
against DHS and the hospital, alleging that the agency failed to provide
adequate community-based mental health services, resulting in "unnecessary
segregation" of state hospital patients.
Earlier this year, the state agreed to settle the suit brought on behalf of
more than 100 patients who had been held in the hospital for months and
years longer than necessary. Under the settlement, the state must create 75
community-based mental-health slots by next summer and spend $1.5 million
for other outside services for hard-to-place patients.
But the problem is far from solved.
The settlement, although a major victory for patients under civil
commitment, did not affect forensics patients, who are similarly stranded in
the hospital.
According to records examined by The Oregonian, 86 forensics patients last
month were deemed ready for discharge by doctors but couldn't leave the
hospital because of a lack of alternatives outside. The psychiatric security
board, which gives final approval to discharges, won't grant them until beds
are available in the community. And those beds don't yet exist.
This year, the board is expected to take on 140 new cases, more than double
the number four years ago.
Most forensics patients are not inherently dangerous and can live safely and
productively if given proper community support. While some will always need
treatment in a secure setting, they represent only a fraction of the total
state hospital population, said Joondeph, of the Oregon Advocacy Center,
which successfully fought to close Dammasch State Hospital, another
psychiatric institution, in the mid-1990s.
He said the state would benefit by creating small, acute-care facilities
that serve people with special mental health needs. If kept smaller than 16
beds, such facilities would be eligible for the Medicaid match, effectively
doubling the state's investment in mental health care.
The Oregon State Hospital is funded completely by general state funds. A
1965 congressional act excluded nearly all payments to state psychiatric
hospitals from Medicaid because the federal government did not want to take
over what, historically, had been a state responsibility. Congress also
wanted to provide an incentive for states to build systems of community
mental health centers to replace psychiatric hospitals.
"The hospital shouldn't exist," Joondeph said. "The science of mental health
treatment has advanced so much that we're operating under a very old model
that's becoming harder and harder to justify."
Michelle Roberts: 503-294-5041; michelleroberts@news.oregonian.com

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http://159.54.226.83/apps/pbcs.dll/article?AID=/20041023
/NEWS/410230341/1001

State Hospital strict on preventing abuse
Governor receives records showing incidents decreased

ALAN GUSTAFSON
Statesman Journal

October 23, 2004
Since 1996, state investigators have substantiated one case of sexual abuse
of a young patient by a staff member in Oregon State Hospital's treatment
program for mentally ill children, according to records released Friday.
The recent case involved a female staff member who wrote sexually explicit
letters to a patient. She was fired in mid-August, records show.
The hospital records were released with a review panel's preliminary report
to Gov. Ted Kulongoski.
Together, they support mental health officials' assertions that the Salem
psychiatric center has taken significant steps to prevent sexual abuse of
young patients since a rash of cases occurred in the early and mid-1990s.
"Since the early 1990s, OSH has continuously strengthened its structured
approach to the issue of abuse," reads the panel's report.
According to the eight-member panel, gradual improvements at the hospital
have produced "a coherent plan" to:
Identify potentially abusive situations.
Develop an environment where abuse is not tolerated in any form.
Provide a robust reporting mechanism for allegations of abuse.
Implement timely consequences to individuals found involved in abusive
activities.

Respond to the needs of abuse victims with protective services and
counseling.
Hospital records released Friday included a hospitalwide tally of abuse
allegations investigated since 1992.
In all, 127 abuse allegations -- counting reports of physical, sexual and
verbal abuse as well as neglect -- were made in the children's program
between 1992 and 2004, records show.
Of those, 29 were substantiated: 11 physical abuse; nine neglect; five
sexual abuse; and four verbal abuse.
Fifteen allegations of sexual abuse were investigated in the children's
program from 1992-2004. Of the five confirmed cases, four occurred in 1995
and one occurred in 2004.
Last month, Kulongoski, in response to news reports about sexual abuse cases
that occurred 10 to 15 years ago in the children's program, called for a
review of hospital policies used to identify, report and respond to
allegations of patient abuse.
The governor asked for a report back from the Department of Human Services
within 30 days.
Kulongoski has asked his senior advisor, Stephen Schneider, to provide a
report to him by Dec. 3, detailing the panel's conclusions and any
recommendations.
"One of my Oregon principles is that Oregonians must be safe in their homes,
communities and in state institutions," Kulongoski said Friday. "We must
ensure that the state is providing the best possible care to Oregonians with
mental illness being served at the state hospital."

agustafs@StatesmanJournal.com or (503) 399-6709~~~~~~~~~~~~~~
 
 
Betraying a Fragile Trust, Expose' of abuse in child services, mental health agencies in Oregon and related articles
http://www.avoiceforchildren.com/news/2004/betraying_a_fragile_trust_pt1.htm
 
http://www.avoiceforchildren.com/news/2004/state_abuse_of_children_exposed.htm
 
Insane Rules Enforced against children, adults;  READ the policies of trained demons and vultures terrorizing children, vulnerable people for fun and profit - STOP IT NOW !!!!
http://www.avoiceforchildren.com/news/2004/rules_state_child_prisons_use.htm