Rutherford Files Mental Health Screening Lawsuit_Indiana / Fierce Opposition toT

[Guest guest]

SSRI-Research@

Mon, 19 Sep 2005 23:33:56 -0400

[sSRI-Research] Rutherford Files Mental Health Screening

Lawsuit_Indiana / Fierce Opposition toTeenScreen Mounts_Pittsburgh

Rutherford Files Mental Health Screening Lawsuit_Indiana / Fierce

Opposition toTeenScreen Mounts_Pittsburgh

 

 

 

ALLIANCE FOR HUMAN RESEARCH PROTECTION (AHRP)

 

Promoting Openness, Full Disclosure, and Accountability

www.ahrp.org

 

FYI

The Rutherford Institute has just filed a lawsuit in Indiana

challenging a school for subjecting a teenager to a mental health

screening test-TeenScreen--without her parents' knowledge or consent.

After completing the test (requiring a yes or no answer), the normal

15 year old child was informed that based on her responses- " she liked

to clean and didn't like to party very much " -she suffered from at

least two mental health problems, obsessive compulsive disorder and

social anxiety disorder.

A copy of the lawsuit is available at:

http://www.rutherford.org/PDF/2005.09.17.PDF>

Is it any wonder that parents and communities have joined in

opposition to this uninvited insidious intrusion into their children's

personal lives? Screening for mental health is a pharmaceutical

industry financed scheme to increase the pool of children declared to

have mental or emotional problems, for which they will, in short

order, be prescribed psychotropic drugs.

 

The Pittsburg Post Gazette reports (below): " over the past two years,

a cottage industry of fiery opposition has grown up around the

proposal to expand mental health programs in the schools and has

become a popular rallying cry for conservatives who see it as

unwarranted government intervention in family life. "

 

" Opponents of school-based mental health programs point to parents who

say their children have been misdiagnosed with problems such as

attention deficit hyperactivity disorder (ADHD) and forced to take

medication under pressure from school officials. "

 

One of the leaders in opposing mental health screening in school is

Patricia Weathers of AbleChild, who said she was pressured into

medicating her then first-grade son after a school psychologist

diagnosed him with attention deficit disorder. " The medication

eventually made him psychotic, but when she stopped giving it to him

the school reported her to state children protective officials for

child abuse. "

 

A lawsuit brought by Weathers against school officials is pending; her

son, meanwhile, is now 15 and " doing fine, " she said.

 

" We have 1,000 stories like this,'' Weathers said. " Our group is not

saying that children don't have attention or behavior problems. Some

kids do. But why should we force parents to drug their children so

they can attend school? "

 

The AHRP position:

Inasmuch as diagnosing mental problems is entirely subjective, and

those who conduct the screening have much to gain from expanding the

patients ( " client " ) pool;

 

Inasmuch as being labeled as having a mental condition is stigmatizing

and a disqualifier for certain jobs and professions;

 

Inasmuch as mental health service providers are bankrolled by the

pharmaceutical industry whose interest is to increase its market;

 

Inasmuch as the drugs prescribed for loosely diagnosed mental

disorders have severe, long-lasting, adverse side effects--and little

if any evidence that they provide a benefit greater than placebo;

 

Inasmuch as children's neurological development may be adversely affected;

Inasmuch as the drugs lead to drug dependency (i.e., addiction);

Inasmuch as screening for mental illness has absolutely no scientific

basis or value for those being screened;

Inasmuch as schools are not medical facilities--and medical mistakes

have serious consequences;

Inasmuch as there is evidence of coercion and parental right have been

breached;

Schools should be off limits for mental or physical screening

initiatives that are mostly fishing expeditions--unless a national

emergency has been declared following a national disaster.

 

TeenScreen is an undeclared experiment that must be stopped.

Of note, Michael Hogan, Ph.D., who calls the grass roots uprising a

" curious coalition of people " who are " making a big noise, " is not a

disinterested, objective party. Hogan was the chairman of the New

Freedom Commission that recommended screening all 52 million American

school children. Hogan is the director of the Ohio Mental Health

Department, which was one of the first to adopt TMAP (Texas Medication

Algorithm Project), and is one of its most aggressive promoters who

has traveled across the country-all expenses picked up by drug

manufacturers. Hogan also served on an " Advisory Committee " of Janssen

Pharmacia, manufacturer of the antipsychotic Risperdal (risperidone) a

TMAP recommended first line treatment.

 

TMAP is a pharmaceutical sponsored marketing scheme-masquerading as

" evidence-based " prescription formulary for psychotropic drugs that

eliminates the need for professional judgment-something akin to

" psychiatry for dummies. " The manufacturers of patented psychotropic

drugs lack scientific evidence to show that the new, expensive drugs

are superior to existing, cheaper drugs--or better than alternative,

non-chemical interventions. To overcome this problem, drug

manufacturers financed a " consensus panel " to formulate guidelines

that encourage (require) state mental health professionals to

prescribe the most expensive psychotropic drugs as first line treatment.

 

The drugs recommended by Hogan and TMAP are the SSRI antidepressants.

These drugs cause dependency--as demonstrated by the severity of

withdrawal symptoms in more than 25% of patients--and they increase

the risk of suicide and suicidality (i.e., suicide attempts). The

other TMAP recommended first line treatment are the new

antipsychotics--such as Risperdal and Zyprexa. These drugs induce

diabetes mellitus at an alarming rate, and they have been linked to

cardiac arrest, blood clots, stroke, and generally increase morbidity

and chronic disability. **

 

**See references for adverse effects of these drugs at: www.ahrp.org

 

 

Contact: Vera Hassner Sharav

212-595-8974

veracare

 

Fierce opposition arises to mental health screening in schools

Sunday, September 18, 2005

By Karen MacPherson, Pittsburgh Post-Gazette

WASHINGTON -- Back in 2003, a federal commission created by President

Bush recommended improving and expanding mental health programs in

schools to provide help as early as possible to students with learning

problems or those who might turn violent or disruptive.

 

The commission highlighted one means of early diagnosis, the Columbia

University " TeenScreen " program, that allows students -- with parental

permission -- to get a mental health " check-up " via a computer-based

questionnaire before graduating from high school.

 

The commission's 86-page report included this suggestion among a long

list of recommendations to improve the U.S. mental health system. The

report attracted little attention outside mental health circles.

 

But over the past two years, a cottage industry of fiery opposition

has grown up around the proposal to expand mental health programs in

the schools and has become a popular rallying cry for conservatives

who see it as unwarranted government intervention in family life.

 

Opponents of school-based mental health programs point to parents who

say their children have been misdiagnosed with problems such as

attention deficit hyperactivity disorder (ADHD) and forced to take

medication under pressure from school officials.

 

To these parents, the commission suggestion to " improve and expand''

school mental health programs is the first, inexorable step toward

mandatory school mental health screening for all students, and

mandatory medication for many, despite repeated assurances by

commission members, school officials and congressional experts that

this won't happen.

 

Led by groups like Ablechild.org and EdAction, these parents want to

prohibit schools from having anything to do with the mental health of

their students, saying it is the job of parents to ensure their

children's well-being.

 

As a first step, the groups are pushing Congress to pass legislation,

sponsored by Rep. Ron Paul, R-Tex., and supported by House Majority

Leader Tom DeLay, R-Texas, to prohibit any federal funding for mental

health screening of students without the written consent of their parents.

 

" If [this legislation] is passed, it will prevent wasteful and

potentially devastating federal funding while safeguarding the

informed consent rights of all parents in what is a most serious

matter -- their children's health and safety, " said Patricia Weathers,

president and co-founder of Ablechild.org.

 

The educators and medical professionals on the other side of the

debate agree parental consent should be required for screenings. But

they also think it's worth studying the idea of promoting voluntary

screenings to get help for children who need it as early as possible.

 

" There is this curious coalition of people who are concerned about

stuff that we didn't recommend, and are making a big noise about it,''

said Michael Hogan, director of the Ohio Mental Health Department and

chairman of what was then called the New Freedom Commission.

 

" The core thing that the commission was concerned about is the fact

that a lot of these mental health problems are pretty clearly problems

of childhood and adolescent onset.... Added to this is the fact that

most children never get to see a mental health specialist.

 

" The fundamental logic of what the commission said is that we should

take steps to facilitate access to care where children are.''

 

The debate over school screenings is just part of a larger discussion

over the role schools should play in ensuring children's mental heath.

Many educators point to a clear connection between mental health and

academic achievement.

 

" There are a whole slew of intra-personal variables that contribute to

a kid's ability to learn and are heavily related to their academic

success,'' said Stacy Skalski, public policy director for the National

Association of School Psychologists.

 

" There are also inter-personal variables. Kids don't come into the

world knowing how to relate to others. They need to learn that.''

 

Bruce Hunter, a veteran policy official with the American Association

of School Administrators, said it's clear " the education business is

tough enough without getting into the mental health business.

 

" But if a kid is going to beat the hell out of other kids regularly,

and is disrupting the classroom, that's a child that needs some mental

health assistance. One of the things that our members have expressed

is a rising concern about students' mental health, and the ability to

get them help when they have a problem,'' Hunter said.

 

A complicating factor is that the debate over school mental health

problems has become enmeshed in the vehement opposition of some people

to medicating children for depression, hyperactivity and other

problems. These opponents point to the nasty potential side effects of

some commonly prescribed drugs, including suicide, and argue that they

simply aren't safe for children.

 

Hogan and others supporters of school mental health programs agree

that more long-term testing should be done on antidepressants and

other emotion-altering drugs prescribed for children and teens.

 

" We [commission members] recommended that the scientists and

regulatory officials get on top of the safety issue,'' Hogan said.

 

Weathers, of Ablechild.org, is among those who believe more attention

should be paid to children's nutrition and behavior management,

instead of " being so quick to prescribe a drug. " Her group supports

legislation, sponsored by Rep. John Kline, that would prohibit schools

from requiring parents to have their children medicated to attend classes.

 

Kline's bill would expand protections in the Individuals with

Disabilities Act, which prohibited schools from requiring special

education students to take certain medications, to all students. The

bill also would cover more types of medication than in the disability law.

 

Weathers said she was pressured into medicating her then first-grade

son after a school psychologist diagnosed him with attention deficit

disorder. The medication eventually made him psychotic, but when she

stopped giving it to him the school reported her to state children

protective officials for child abuse, she said.

 

A lawsuit brought by Weathers against school officials is pending; her

son, meanwhile, is now 15 and " doing fine, " she said.

 

" We have 1,000 stories like this,'' Weathers said. " Our group is not

saying that children don't have attention or behavior problems. Some

kids do. But why should we force parents to drug their children so

they can attend school? "

 

(Karen MacPherson can be reached at kmacpherson or

1-202-662-7075.)

Copyright ©1997-2004 PG Publishing Co., Inc. .

 

FAIR USE NOTICE: This may contain copyrighted (© ) material the use of

which has not always been specifically authorized by the copyright

owner. Such material is made available for educational purposes, to

advance understanding of human rights, democracy, scientific, moral,

ethical, and social justice issues, etc. It is believed that this

constitutes a 'fair use' of any such copyrighted material as provided

for in Title 17 U.S.C. section 107 of the US Copyright Law. This

material is distributed without profit.

 

Rutherford Institute Attorneys Sue Indiana School for Conducting

Mental Health Screening Exam on Teenager Without Parental Consent

 

For Immediate Release: September 19, 2005 Press Contact: Nisha N.

Mohammed Ph: (434) 978-3888, ext. 604; Pager: 800-946-4646, Pin #:

1478257;

 

E-mail: Nisha

 

South Bend, IN-Attorneys for The Rutherford Institute have filed a

lawsuit in U.S. District Court for the Northern District of Indiana on

behalf of an Indiana family whose 15-year-old daughter, Chelsea

Rhoades, was subjected to a mental health screening examination at

school without her parents' knowledge or consent.

 

Institute attorneys charge that school officials violated Michael and

Teresa Rhoades' constitutional right, as parents, to control the care,

custody and upbringing of their daughter when Chelsea was subjected to

the mental health exam without their knowledge or consent. Mental

health screening exams like TeenScreen have increasingly been adopted

by schools in 43 states, reportedly as part of an effort to identify

students with mental health problems or at-risk tendencies for suicide

that cannot be seen outwardly. However, while federal and state law

generally requires that parents grant written consent in order for

their children to take mental health screening exams, an increasing

number of schools have begun relying on " passive consent " forms in

order to administer the exams. Passive consent requires parents to

return a form only if they do not want their child to participate in

the screening. A copy of the lawsuit is available here

<http://www.rutherford.org/PDF/2005.09.17.PDF> .

 

" Parents need to understand that there are some immediate steps which

can be taken to combat the increasing problem of government

encroaching into the privacy of the family, " stated John W. Whitehead,

president and founder of The Rutherford Institute. " First, it's

critical to learn your rights as a parent. Second, contact your local

school officials and demand that you be notified immediately if they

are planning to conduct mental health screening on your children.

Finally, follow the Rhoades' example and fight back against this

encroachment on parental rights. "

 

According to the complaint, on December 7, 2004, Chelsea Rhoades, a

student at Penn High School in Mishawaka, Ind., was subjected to a

mental health examination known as " TeenScreen " by personnel of the

Madison Center for Children. The mental health exam consisted of

questions seeking only a " yes " or " no " answer, with no opportunity to

explain or offer an alternative response. Only students with an

opt-out slip were excused from taking the exam. All other students

were divided into groups of 10-15, herded into classrooms and placed

in front of computers. After completing the examination and being

escorted into a private hallway by an employee of Madison Center,

Chelsea was informed that based on her responses that she liked to

clean and didn't like to party very much, she suffered from at least

two mental health problems, obsessive compulsive disorder and social

anxiety disorder. Chelsea was also told that if her condition

worsened, her mother should take her to the Madiso n Center for

treatment. According to Chelsea, a majority of the students who were

subjected to the TeenScreen exam were also told that they were

suffering from some sort of mental or social " disorder. " Chelsea's

parents were not informed about the mental health screening exam until

after it had taken place, when Chelsea spoke to them about her

so-called diagnosis. However, according to the federal Protection of

Pupil Rights Amendment, as well as Indiana state law, schools are

required to obtain " written parental consent " before engaging in such

programs as mental health screening. In addition to violating federal

and state law and Teresa and Michael Rhoades' parental rights,

Institute attorneys charge that school officials violated Chelsea's

constitutional right to be free from unnecessary intrusions by the state.

 

The Rutherford Institute is an international, nonprofit civil

liberties organization committed to defending constitutional and human

rights.

 

Want to read more? Visit The Rutherford Institute website!

<http://m1e.net/c?25321962-5/8b53Tu2n3oQ%401187619-pFpwZKn2cYxzQ>