Missouri Lawsuit Underway for Medical Care of Foster Children

We are Kathey and Rob Raskin of Las Vegas, and the care of our nation’s children is our top priority. Claims against Missouri are surviving challenges in federal court. They are alleging that the state has unconstitutionally failed foster children by administering psychotropic drugs.

In a news release from St. Louis University School of Law, a group of plaintiffs on behalf of “all minor children […] in Missouri foster care” are welcoming a federal court judge’s choice to uphold some of their claims, while rejecting others.

Filed in June by Children’s Rights, National Center for Youth Law, the St. Louis University School of Law Legal Clinics, and global law firm Morgan Lewis & Bockius, the defendants include officials within the Missouri Department of Social Services.

US District Judge Nanette K. Laughrey chose not to dismiss claims alleging Missouri may be violating foster children’s 14th Amendment due-process rights regarding medical records and prescription drug information. The first hearing is scheduled for Jan. 14, 2019.

Laughrey stated, “There are […] plausible allegations that [Missouri…] knew of the serious risk of harm. Yet they have not adopted any systematic administrative review because [they] can’t [locate] the medical records of the children. […T]he absence of the medical records itself creates an unreasonable risk of harm and the defendants are aware of that risk.”

Laughrey did however dismiss some claims related to informed consent procedures and alleged violation of the Adoption Assistance and Child Welfare Act. Those allegations stated that Missouri’s 13,000 foster children are continually exposed to unnecessary risk of serious physical and psychological harm because of a failure to sustain adequate oversight systems to assure psychotropic medications are dispensed safely and only when required.

A teenager among the plaintiffs alleges he was prescribed up to seven psychotropic medication at one time during his two-and-a-half-year stay in the custody of Missouri’s Children’s Division. He also alleges some serious side effects.

Laughrey also wrote that another plaintiff, who was 12, was allegedly placed on up to five medications at a single time. Her caregivers “had three […] understandings of what daily dose of a particular […] medication she was to receive. [T]hey had no medical records to resolve the confusion.”

Following a prescription change, the girl “… began acting angry, aggressive, and violent” and began getting into fights, Laughrey wrote. The judge also wrote that her caregivers “failed to note the correlation between [the] behavior and the medication change.”

A volunteer contacted the girl’s physician, according to Judge Laughrey and when the girl was taken off the medication, “[the] aggressive behavior ceased.”

The story of another 12-year-old girl was also presented. Plaintiffs stated she spent six years in Missouri’s custody. During that time, her medical and mental health history supposedly had “become fragmented and dispersed between her assigned caseworker, foster caretakers, and health providers.”

Allegedly, she was brought to a facility by a foster parent, who failed to provide any medical records or prescription data. Consequently, the girl was hospitalized for nearly a week following a “severe reaction” to taking the incorrect amounts of medication.

Two additional plaintiffs are toddlers who, at the ages of 3 and 2 years old, were allegedly on psychotropic medications while being placed in several foster homes.

Among the material the plaintiffs cite is Missouri’s own report to the federal government where they admit to management issues with psychotropic drugs, including antipsychotics and antidepressants.

Missouri’s report states, “[Several] foster […] children are prescribed multiple psychotropic medications without clear evidence of benefit and with inadequate safety data. The use of multiple medications […] creates the potential for serious drug interactions.”

Children can also be especially vulnerable to harmful side effects because of using psychotropic medications, and those harms could be made worse by inadequate prescription practices, wrote Judge Laughrey. The judge notes, “the full risk posed to children by psychotropic [medications] is not yet […] fully understood.”

Earlier, lawyers in Attorney General Josh Hawley’s office stated the difficulties going along with the state’s efforts to obtain comprehensive medical records and criticized physicians for allegedly offering ill-timed, poor-quality records in response to state inquiries.

The state argued, “These unsuccessful efforts are not the equivalent of criminal recklessness, particularly when the cause of failure was physician non-compliance… attempts to twist these efforts into evidence of deliberate indifference strains common sense and raises the […] possibility that state agencies [would] forego attempts to systematically improve for fear of constitutional liability should they not immediately succeed.”

Court documents filed by the state say the Missouri Children’s Division has access to a web-based tool that allows workers to track prescription drug history for foster children.

Hawley’s office also contended there was inadequate evidence that Missouri’s foster children are exposed to more damaging prescribing practices within the state than they would have undergone outside of it, and doubted the state’s alleged faults regarding foster children cited by the plaintiffs.

The plaintiffs’ attorneys argue that this is the first 14th Amendment case to effectively challenge a state’s “failure to oversee the administration of […] psychotropic medications to children in foster care.”

A statement from the attorneys reads, “[C]hildren continue to be prescribed powerful and potentially dangerous [medications], often with unacceptable dosages and at alarming rates, without the proper oversight and coordination. Even worse, these medications are prescribed as a [cure-all] for difficult behavior, rather than out of medical [necessity]. We are continuing to build our case and are prepared to protect these vulnerable youth at trial.”

When you see a problem with foster care, regarding medications or any other issue, report it on our Kathey and Rob Raskin Stop DHR webpage. You can also do your part to get your state officials to give our children fighting chance. Contact your state representatives here.

Michigan Auditor General Sues Administration for Records

We are Kathey and Rob Raskin of Las Vegas, and we believe our country’s children are the #1 priority. That’s why we want DHR to be held accountable.

In what could be a first for Michigan, legislative auditors asked a judge to announce that they can access private records in their work to hold the administration responsible. The Michigan Auditor General sued the Michigan Department of Health & Human Services in state claims court. The Auditor General asked a judge to order the state’s child welfare agency to release adoption records which auditors say they require to investigate whether Governor Rick Snyder’s administration is upholding rules in its management of children who are removed from their parents as a result of abuse or neglect.

Auditors are presently examining Michigan’s foster care and adoption programs and state they’re authorized to retrieve otherwise confidential records since state law and the constitution permit them. But DHHS officials have declined to release some adoption records sought as part of that investigation, stating Michigan law forbids their release without a court order.

Kelly Miller, Auditor General’s state relations officer, stated that they are unaware of any other situation where they’ve had to sue the administration for records.

The lawsuit has been filed following months of negotiations. The DHHS stated it offered to work with the Legislature to change state law so the auditors would have access, according to DHHS spokeswoman Geralyn Lasher.

Lasher stated that, “[the Auditors] have now made it clear with this filing […] they have no interest in working in a cooperative fashion […] we will […] respond through court filings at this point.”

DHHS Director Lyon had refused to obey a subpoena from auditors, and Miller said they wish for the judge to order Lyon to comply.

Auditors are also investigating the caseloads of DHHS child welfare employees following a State Journal investigation last year which revealed allegations that DHHS supervisors in at least seven counties had engineered records to make the department look like it was following court-ordered caseload limits. DHHS has been under federal court regulation for 10 years, after an advocacy group sued the department over a string of child deaths.

As part of the review of child-placing agencies, Auditors are looking at caseloads and the adoption records could help them do so, according to Miller.

DHHS officials have continually claimed they’ve researched accusations of caseload manipulation and found no evidence of it. Officials stated employees likely misunderstood how cases were being handled.

Two DHHS supervisors were reallocated following the State Journal’s reports. The department stated one was not a disciplinary action and refused to confirm the other.

At Kathey and Rob Raskin Stop DHR we support holding DHHS accountable and want to see change. If you’ve seen problems with your local office, report it on our page. Then, do your part to get your state officials involved. Contact your state representatives here.

Law Enforcement Resources Wasted Detaining Children

We’re Kathey and Rob Raskin of Las Vegas and we care about foster children in this country. Children living in foster care have been criminalized for practically nothing according to a new report from a penal reform charity warns.

The Howard League for Penal Reform published research about the policing of children’s homes, which revealed the authorities are getting many calls from homes. The report found several children’s homes were calling the police for “minor incidents”. In one case, the call was put in for a child who squirted a staff member with water. In another, because a child knocked down a curtain.

The charity cautioned that this is a strain on law enforcement resources and risked “criminalizing” foster children. The report told of how the larger government authorities are combatting the issue by working closely with foster homes and local police to attempt to cut down the number of unnecessary calls.

The Howard League has also published research showing how children aged 16 and 17 who are residing in children’s homes are 15x more likely to be criminalized than their peers. Studies shows the more contact a child has with the criminal justice system, the more likely they are to commit another crime. According to the charity, keeping foster children out of the system will help avert crime.

Frances Crook, chief executive at the Howard League for Penal Reform, stated: “The Howard League is proud to have played a key role in reducing child arrests […]. Working together with the police, we have ensured that tens of thousands of children will […] not be dragged into a downward spiral of crime and custody.”

The charity believes the best scenario for a foster child is not to have any contact with the authorities, like any child in their parents’ home. He stated, “Ensuring […] there is the least possible contact between police and children […] in residential care would free up police […] to deal with more important matters and prevent children having […] an unnecessary criminal record.”

Our foster homes and systems must do better. Putting children in jail for same issues, even just in custody, is not helping. It’s hurting. On our Kathey and Rob Raskin Stop DHR webpage, you can report complaints. Please do.

Kentucky Governor Bevin Suggests Reconsidering Child Welfare Policy

Hello, we’re Kathey and Rob Raskin of Las Vegas and we care about what happens to children in the foster care system.

Governor Matt Bevin is recommending changes regarding reuniting family units who are involved with child welfare disputes. Child advocates have stated that child safety must always come first but some individuals are questioning whether the Governor’s words are meant to be dogma in an area which is anything but black and white.

Monday, the Governor talked about the concerns while speaking to the future of the Cabinet for Health and Family Services.

He stated, “The challenge is […] the child [must] trump the parents when it comes to what’s best for [them]. Period. There is no […] family whose interest are more important than that of [a] child… This idea of the family and putting [a] child back in [a] family [as] the most important thing has led to […] problems and we have a […] children who have been put […] back into very abusive and neglectful situations. And we’ve known it. Whether we’ll admit it or not [….] [W]e’ve known it because the laws require it. [P}eople know […] they’re putting a child back into a bad situation. Those rules have got to change, and that mindset [must] change and that’s one thing we’re working on. The child [must] come first.”

Dr. Terry Brooks of Kentucky Youth Advocates and Family attorneys Felicia Nu’Man commented on the statement, saying “I don’t think anyone knowingly puts a child back into a place […] they know is dangerous.”

The attorneys stated most of the parental rights cases they see involve poor families. If alterations occur, they’re concerned the parent’s rights wouldn’t be recognized while lawyers, cabinet workers, and judges debate a child’s best interest.

Jessica Green of Dr. Terry Brooks of Kentucky Youth Advocates and Family stated, “Certainly, every judge, every parent’s attorney, every guardian ad litem, every cabinet worker in this commonwealth wants to keep kids safe. That’s what we do every single day. However, an absolute like the governor just [stated] would be a problem for many of us because we take … the idea of family preservation [very seriously]. I think [it’s] something no one […] needs to try to eradicate…”

Dr. Terry Brooks stated, “Clearly, you can’t disagree when the governor says the priority is the [safety] of the kids. We all agree on that. So, really the question becomes how do we guarantee that safety?”

Dr. Brooks has been a candid supporter of Governor Bevin’s budget proposal which would provide more money for social work, adoption and foster care, and kinship care, where family member would take a child before entering foster care. Monday, Governor Bevin insisted that funds are set aside to assist families cover costs of children they’re fostering.

We know the foster care system needs work and children’s safety must come first. But, do we want them going into the system? Kentucky may serve as an example or cautionary tale. Only time will tell. We, Kathey and Rob Raskin, aim to stop DHR corruption throughout the nation. If you have a complaint, please log it on our main page now, and contact your local representatives here.

Are Abusive Foster Parents Paid to Abuse Children?

We, Robert and Kathleen Raskin, and we are fighting to raise awareness of corruption in the agencies that are charged with protecting children. We believe the funds that are funneled toward crooked workers and judges and abusive foster parents would be better spent on improving systems that improve the welfare and the quality of living of children. One case in New York is a glaring example of just how much money is potentially thrown away on corruption and abuse each year, and that is the twisted case of Cesar Gonzales-Mugaburu of Long Island, who earned over a million dollars while repeatedly being accused of abuse.

Foster Father and Pedophile

New York foster father Cesar Gonzales-Mugaburu hosted 106 boys during his career as a foster parent, and he was paid over $1.5M by the state. During the years this sick man was allowed to host foster children, he was investigated for child abuse at least 18 times, and his neighbors filed countless complaints. Now he stands formally charged with abusing eight children. Considering the number of children who were in his care over the years, the actual number of victims was speculated to be significantly higher.

In the end, Gonzales-Mugaburu was acquitted, and he is suing over his damaged reputation though a verdict is not in yet in that case. While most foster parents do not abuse children, enough do that it is worth taking a closer look at whether foster parents’ payments should be suspended when accusations of abuse are levied until an investigation takes place. Otherwise, we are just paying abusers to have in-house victims. And we, Robert and Kathleen Raskin, are far from the only citizens who are concerned about this. It is time for these organizations to stop working for a paycheck and to start working for the children they are charged with caring for and protecting.

Kentucky Governor Bevin Suggests Reconsidering Child Welfare Policy

Hello, we’re Kathey and Rob Raskin of Las Vegas and we care about what happens to children in the foster care system.

Governor Matt Bevin is recommending changes regarding reuniting family units who are involved with child welfare disputes. Child advocates have stated that child safety must always come first but some individuals are questioning whether the Governor’s words are meant to be dogma in an area which is anything but black and white.

Monday, the Governor talked about the concerns while speaking to the future of the Cabinet for Health and Family Services.

He stated, “The challenge is […] the child [must] trump the parents when it comes to what’s best for [them]. Period. There is no […] family whose interest are more important than that of [a] child… This idea of the family and putting [a] child back in [a] family [as] the most important thing has led to […] problems and we have a […] children who have been put […] back into very abusive and neglectful situations. And we’ve known it. Whether we’ll admit it or not [….] [W]e’ve known it because the laws require it. [P}eople know […] they’re putting a child back into a bad situation. Those rules have got to change, and that mindset [must] change and that’s one thing we’re working on. The child [must] come first.”

Dr. Terry Brooks of Kentucky Youth Advocates and Family attorneys Felicia Nu’Man commented on the statement, saying “I don’t think anyone knowingly puts a child back into a place […] they know is dangerous.”

The attorneys stated most of the parental rights cases they see involve poor families. If alterations occur, they’re concerned the parent’s rights wouldn’t be recognized while lawyers, cabinet workers, and judges debate a child’s best interest.

Jessica Green of Dr. Terry Brooks of Kentucky Youth Advocates and Family stated, “Certainly, every judge, every parent’s attorney, every guardian ad litem, every cabinet worker in this commonwealth wants to keep kids safe. That’s what we do every single day. However, an absolute like the governor just [stated] would be a problem for many of us because we take … the idea of family preservation [very seriously]. I think [it’s] something no one […] needs to try to eradicate…”

Dr. Terry Brooks stated, “Clearly, you can’t disagree when the governor says the priority is the [safety] of the kids. We all agree on that. So, really the question becomes how do we guarantee that safety?”

Dr. Brooks has been a candid supporter of Governor Bevin’s budget proposal which would provide more money for social work, adoption and foster care, and kinship care, where family member would take a child before entering foster care. Monday, Governor Bevin insisted that funds are set aside to assist families cover costs of children they’re fostering.

We know the foster care system needs work and children’s safety must come first. But, do we want them going into the system? Kentucky may serve as an example or cautionary tale. Only time will tell. We, Kathey and Rob Raskin, aim to stop DHR corruption throughout the nation. If you have a complaint, please log it on our main page now, and contact your local representatives here.

Kansas Foster Care Still Needs Work

We are Kathey and Rob Raskin of Las Vegas, and we believe our nation’s children are the #1 priority. This is why we want DHR to be held accountable.

A task force created to repair Kansas’ problematic foster care system largely depended on the ideas of a lone member to meet a deadline for initial proposals, displaying the intimidating nature of its job and some issues within the panel.

The Child Welfare System Task Force, created in June 2017, gave its first report, with preliminary suggestions, to the legislature on Monday. However, lawmakers only scheduled 35 minutes to go over the report at their most recent meeting. Many task force members believe it wasn’t enough time to encourage any profound progress.

Rep. Jarrod Ousley, a Merriam Democrat and one of the most vocal backers of the task force stated, “I was personally […] shocked by the little amount of time that was set on the agenda […] to talk about it. I was hoping to have a more thorough discussion.”

Rep. Linda Gallagher, a Republican, was the sole task force member to present recommendations at the December meeting. Her list of concerns and suggestions, with a few additions, was in the report given to the legislature on Monday. Gallagher was also surprised there wasn’t more discussion of the preliminary results.

She stated, “I’m […] disappointed that we don’t have a […] formal report to the legislature.  But it is very early, so […] people […] thought we’re not far enough into it yet to […] have very much to say…”

Since its first meeting in August, a great deal has changed for the task force. Phyllis Gilmore was the beleaguered former head of the DCF, and a common target of reproach about Kansas’s fraught foster care system. She retired on the first of December. A member of the task force, social worker, and former DCF administrator, Gina Meier-Hummel, replaced her.

The task force’s vice chairman, Rep. Steve Alford, left the panel following criticism of racist statements he made during a town hall. He also resigned from the House Children and Seniors Committee. This committee endorsed the original bill establishing the task force, and it’s one place where possible legislative corrections to the child welfare system’s issue could begin.

Additionally, Secretary Meier-Hummel and Lt. Gov. Jeff Colyer stated the DCF is attempting to secure more funds to address significant issues which surfaced during the task force’s four meetings. These issues include children sleeping in foster care contractors’ offices and a growing number of children entering foster care. Ousley stated he was heartened to hear the administration is working to make child welfare a priority.

We back holding DHHS responsible, and we, Rob and Kathey Raskin, want to see change. If you’ve been witness to problems with your local office, report them here. Then, do your part to get your state officials participating. Contact your state representatives here.

Indiana Bill Could Help Thousands of Foster Kids

Hello, we’re Kathey and Rob Raskin of Las Vegas and we care about kids in the foster care system throughout this great country. Our nation’s child protection services must do better and now a lawsuit could help get these children the care they require.

Foster children across the nation and in Indiana probably won’t graduate from high school, and very few will go to college. However, foster children are seldom included in state-level conversations regarding how Indiana is educating its children.

The Indiana Department of Education has practically no data on how the 30,000 children in foster care do in school, a group near the size of Indiana’s biggest school district. Indiana saw the second sharpest climb in the country’s of foster children population between 2012 and 2016, of 60%.

To determine the issues affecting foster students, lawmakers and advocates are suggesting a bill which would require the Departments of Education and Child Services to share information on foster students in the state. So far, House Bill 1314 has seen wide-ranging bipartisan support.

Brent Kent, CEO of Indiana Connected By 25, a foster child advocacy group, stated, “Youth in foster care […] have no one speaking for them. The state is their parent … we will see for the first time, foster youth side-by-side with other peer groups and how they are performing.”

The bill, written by Granger Republican Rep. Dale DeVon, would set up information sharing between Indiana’s education and child services departments. It would also require the Indiana State Board of Education to release a yearly report about foster youth education.

About 50% of the foster children in the nation will graduate from high school by age 19, and only about 3% will go on to complete college, per a report from the Jim Casey Youth Opportunities Initiative.

Kent said collecting data is a huge leap forward as few states do it.  Indiana already reports student data separated by income level, gender and age, race, ethnicity, among other factors. If the bill becomes law, foster care status would become a part of this data as well.

Demetrees Hutchins, a researcher from Indiana University and a former foster kid, said it’s “deplorable” how little foster children go on to college. She said this bill can help state agencies coordinate their efforts, so foster care students aren’t ignored.

Kent stated he’s practical, and he doesn’t believe the bill will solve every problem. But it’s a beginning. The bill passed the House universally and is up for deliberation in the Senate.

We, Kathey and Rob Raskin, have made it our life’s mission to stop DHR corruption in this country to protect our kids. If you have seen problems, report them immediately on our main page. Then, contact your local representatives here to make a greater impact.

Foster Kids Harmed by Bouncing from Home to Home

Hello, we’re Kathey and Rob Raskin of Las Vegas and we care about children throughout the foster care system across this great nation. Our country’s child protection departments must do better and now a lawsuit may help get them the care they need.

A worldwide law firm and a children’s advocacy group are litigating with the Florida Department of Children and Families for neglecting to provide satisfactory housing and care for children in foster care.

Law firm Baker McKenzie and the non-profit Children’s Rights on Tuesday filed a class action lawsuit versus the DCF on behalf of roughly 2,000 foster kids in both Miami-Dade and Monroe Counties.

Between January of 2016 and June of 2017, over 400 children resided in 10 or more separate foster homes, referred to as placements, per the lawsuit. It also names the DCF Secretary Mike Carroll as a defendant. Roughly 185 children had 20 or more placements and 27 children were shuffled between 80 and 140 homes throughout their time in foster care.

Children under six have been placed in emergency shelters and group homes, and the received care from shift workers, according to the lawsuit.

The unpredictability which accompanies being bounced around from home to home “causes emotional, psychological, and physical harm,” per the lawsuit.

The lawsuit also states that the recurrent relocations also mean several children with mental health conditions are not receiving the treatment they require. It calls for a system-wide overhaul to be made to better the level of care and housings.

In Hillsborough County, placement has also been an issue where kids were forced to sleep in unlicensed accommodations such as an office and teen rec center in 2016. Following lead agency Eckerd Connects firing of a contractor for abandoning older children without any supervision, the DCF ordered a state appraisal of the county’s foster care system.

The lawsuit is still underway.

We, Kathey and Rob Raskin, have made it our goal to stop DHR corruption in this nation to protect our kids. If you have a complaint, report it immediately on our main page. Then, contact your local representatives here to make a larger impact.

Arizona Bill Prohibiting Guns in Foster Homes Moves Forward

Hello, we’re Kathey and Rob Raskin of Las Vegas and we care about what happens to children throughout the foster care system. And when it comes to the children’s safety, every measure must be taken. While compromise can be daunting, the lives of our nation’s children always come first.

An Arizona law could help protect our children. But it is being fought against, tooth and nail.

Legislation which would prevent the Arizona Department of Child Safety from enforcing rules on guns being allowed in foster homes has won approval from a state House panel.

The Arizona Republic reported, the House Judiciary and Public Safety Committee voted 5 to 4 on Wednesday to advance the bill to the Rules Committee.

The bill has a great deal of support from gun rights groups and lawmakers who say foster parents should not be held to stricter gun regulations than the child’s biological parents.

Currently, the Child Safety Department permits guns in foster and group homes. However, the laws presently stipulate that the weapons must remain unloaded with some form of trigger lock and that ammunition must be kept away and locked up.

Opponents of this bill state that it increases the state’s liability if a child were to be injured in a gun-related incident. Additionally, something that must be kept in mind, many of the children in foster homes have traumatic incidents in their pasts and high rates of suicide. When you remove the gun from the home, you decrease the chance that a troubled child might get their hands on such a weapon

We know the foster care system isn’t perfect and that laws around the system can cause a great deal of frustration. But the law can do better, and understanding the different situations in which foster families find themselves can provide guidance.

We, Kathey and Rob Raskin, aim to stop DHR corruption throughout America. If you have a complaint, file it on our home page right away. Then, contact your local representatives here to make a greater impact.