Category: legislation

awareness, child, child adoption, child custody, child welfare reform, foster care abuse, cps, custody, domestic violence, families, kids, law, lawsuits, legal, legislation
Texas harms foster children with inattention, shoddy system, lawsuit says
By ROBERT T. GARRETT
Source: Dallas Morning News Austin Bureau
rtgarrett@dallasnews.com

Published 29 March 2011 10:38 AM

AUSTIN — Texas violates the rights of abused and neglected children by running a shoddy foster care system, the New York-based group Children’s Rights says in a class-action federal lawsuit filed Tuesday.

Too many youths are isolated and linger for years in care, the suit says. The state countered that it is working on fixes and that most foster children are safe.

In the suit, filed in federal court in Corpus Christi, the group zeroes in on about 12,000 youths who’ve been removed from their birth homes by Child Protective Services and kept in the state’s care for more than a year, saying the children suffer after “permanency” deadlines of 12 to 18 months have passed.

Too often, CPS is unable to reunite the child with family or find a lasting home, such as with a relative or adoptive parents, and drops the ball because children from then on aren’t required to have their own lawyer and another adult advocating for them, the suit says.

“Once children cross the line into permanent foster care, the state essentially gives up on their prospects for ever leaving state custody with permanent families of their own,” said Marcia Robinson Lowry, executive director of Children’s Rights.

Anne Heiligenstein, commissioner of CPS’ parent agency, the Texas Department of Family and Protective Services, said the lawsuit threatens to do more harm than good.

“We’re on the right path and will continue to do everything we can to protect Texas children, but I worry that a lawsuit like this will take critical time and resources away from the very children it presumes to help,” she said in a written statement.

Children’s Rights asks the court to order the state to lower caseloads for CPS workers, recruit more foster homes and do a better job of supervising private foster-care providers.

Lowry said some of those extra costs could be offset by eliminating the state’s wasteful spending on institutional care.

“It costs less to run a better system where children get permanence and get out of foster care,” she said.

The department has warned state leaders for months that the suit might be filed. A memo sent to legislative leaders in September emphasized large amounts of attorneys’ fees that have been awarded to Children’s Rights in similar lawsuits in other states.

The memo also touted CPS overhaul legislation passed in 2005 and a foster-care overhaul passed two years later for bumping up staffing and making sizable reductions in CPS workers’ caseloads.

The suit highlights the plight of nine unnamed children that the group wants the court to accept as a representation of the class of about 12,000 youngsters in Texas’ mostly privatized system of long-term foster care who it alleges have been mistreated.

One of them is “A.M.,” a 13-year-old from Canton who with two half sisters was removed from her home after witnessing fights between her mother and her mother’s boyfriends. The department “has separated her from her sisters, shuffled her from one placement to another, placed her in inappropriate foster homes and left her for years in an institution,” the suit says.

It says Texas frequently fails to keep children in the “least restrictive setting” and is too quick to move them into institutions and give them psychotropic medications.

David Richart, executive director of the National Institute on Children, Youth and Families, which tracks lawsuits in child welfare and juvenile justice systems, says Lowry picks her targets carefully and almost never loses a case.

“The writing’s on the wall here,” Richart said, and Texas leaders should “spend time improving their CPS system instead of being in a reflexively defensive mode.”

awareness, child, child adoption, child custody, child welfare reform, foster care abuse, cps, custody, domestic violence, families, kids, law, lawsuits, legal, legislation
Texas harms foster children with inattention, shoddy system, lawsuit says
By ROBERT T. GARRETT
Source: Dallas Morning News Austin Bureau
rtgarrett@dallasnews.com

Published 29 March 2011 10:38 AM

AUSTIN — Texas violates the rights of abused and neglected children by running a shoddy foster care system, the New York-based group Children’s Rights says in a class-action federal lawsuit filed Tuesday.

Too many youths are isolated and linger for years in care, the suit says. The state countered that it is working on fixes and that most foster children are safe.

In the suit, filed in federal court in Corpus Christi, the group zeroes in on about 12,000 youths who’ve been removed from their birth homes by Child Protective Services and kept in the state’s care for more than a year, saying the children suffer after “permanency” deadlines of 12 to 18 months have passed.

Too often, CPS is unable to reunite the child with family or find a lasting home, such as with a relative or adoptive parents, and drops the ball because children from then on aren’t required to have their own lawyer and another adult advocating for them, the suit says.

“Once children cross the line into permanent foster care, the state essentially gives up on their prospects for ever leaving state custody with permanent families of their own,” said Marcia Robinson Lowry, executive director of Children’s Rights.

Anne Heiligenstein, commissioner of CPS’ parent agency, the Texas Department of Family and Protective Services, said the lawsuit threatens to do more harm than good.

“We’re on the right path and will continue to do everything we can to protect Texas children, but I worry that a lawsuit like this will take critical time and resources away from the very children it presumes to help,” she said in a written statement.

Children’s Rights asks the court to order the state to lower caseloads for CPS workers, recruit more foster homes and do a better job of supervising private foster-care providers.

Lowry said some of those extra costs could be offset by eliminating the state’s wasteful spending on institutional care.

“It costs less to run a better system where children get permanence and get out of foster care,” she said.

The department has warned state leaders for months that the suit might be filed. A memo sent to legislative leaders in September emphasized large amounts of attorneys’ fees that have been awarded to Children’s Rights in similar lawsuits in other states.

The memo also touted CPS overhaul legislation passed in 2005 and a foster-care overhaul passed two years later for bumping up staffing and making sizable reductions in CPS workers’ caseloads.

The suit highlights the plight of nine unnamed children that the group wants the court to accept as a representation of the class of about 12,000 youngsters in Texas’ mostly privatized system of long-term foster care who it alleges have been mistreated.

One of them is “A.M.,” a 13-year-old from Canton who with two half sisters was removed from her home after witnessing fights between her mother and her mother’s boyfriends. The department “has separated her from her sisters, shuffled her from one placement to another, placed her in inappropriate foster homes and left her for years in an institution,” the suit says.

It says Texas frequently fails to keep children in the “least restrictive setting” and is too quick to move them into institutions and give them psychotropic medications.

David Richart, executive director of the National Institute on Children, Youth and Families, which tracks lawsuits in child welfare and juvenile justice systems, says Lowry picks her targets carefully and almost never loses a case.

“The writing’s on the wall here,” Richart said, and Texas leaders should “spend time improving their CPS system instead of being in a reflexively defensive mode.”

accountability, children, corruption, cps, foster care, foster child, foster home, government, judicial system, legal, legislation, medicaid, medicaid fraud, medical, mental illness, psychotropic medications, psychotropics
TEXAS RESOLVES MULTI-STATE MEDICAID FRAUD INVESTIGATION; RECOVERS $55 MILLION | North America > United States from AllBusiness.com

My Questionn is: What side effects did this drug have on the children and what long term risks will they possibly suffer? How was it not approved? Was it unsafe? Or just not tested?

Shouldn’t they be compensated for the abuse they suffered by the child welfare system knowingly using them as test subjects?

This makes me sick.

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TEXAS RESOLVES MULTI-STATE MEDICAID FRAUD INVESTIGATION; RECOVERS $55 MILLION

The following information was released by the office of the Attorney General of Texas:

Texas Attorney General Greg Abbott, a coalition of state attorneys general and the U.S. Department of Justice today resolved a lengthy civil Medicaid fraud investigation into Pfizer, Inc. As a result, more than $1 billion has been recovered for state Medicaid programs and several federal programs. Texas’ Medicaid program will recover $55 million in a state-federal government share.

According to investigators, Pfizer deceptively marketed its antipsychotic drug Geodon, its arthritis pain medication Bextra, which is no longer on the market, and 11 other pharmaceutical products.

The multi-state and federal investigation revealed that Pfizer unlawfully promoted atypical antipsychotic Geodon for use by Medicaid-eligible children to treat numerous conditions, including attention deficit disorder and anxiety. However, the U.S. Food and Drug Administration (FDA) has not approved Geodon for children. State and federal law prohibits pharmaceutical manufacturers from marketing their drugs for such “off-label” uses. While physicians may, at their discretion, prescribe drugs for off-label uses, it is unlawful for drug manufacturers to promote drugs’ uses which have not been approved by the FDA.

The states’ enforcement effort revealed that Pfizer provided unlawful financial incentives for physicians who wrote off-label prescriptions. Because of Pfizer’s promotional program, Medicaid paid for prescriptions many physicians would not otherwise have written for their patients. As a result, the taxpayer-funded program incurred unnecessary costs.

In a separate settlement, Attorney General Abbott and 42 other attorneys general reached a $33 million dollar agreement with Pfizer. The additional settlement resolves an inquiry into the defendant’s deceptive marketing of Geodon to health care providers. The agreement prevents Pfizer from making any false, misleading or deceptive claims regarding Geodon; promoting Geodon for uses not approved by the FDA; or otherwise promoting Geodon in an unlawful manner. Pfizer must also post online a list of health care providers that received payments from Pfizer.

Last January, Attorney General Abbott reached a $30 million civil Medicaid fraud settlement with Eli Lilly and Co., which unlawfully marketed the atypical antipsychotic Zyprexa. Last year, the Attorney General also recovered $15.7 million from Bristol-Myers Squibb Co. for its illegal marketing of several drugs, including the atypical antipsychotic, Abilify.

A National Association of Medicaid Fraud Control Units team conducted the investigation and settlement negotiations with Pfizer on behalf of the states. That team included representatives from Texas, Arkansas, Massachusetts, New York, Ohio, Oregon and Virginia.

Today’s agreement reflects a continuing crackdown on waste, fraud and abuse in the Medicaid system. To obtain more information about the Attorney General’s efforts to fight Medicaid fraud, access the agency’s Web site at www.texasattorneygeneral.gov

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