Transcript FFCA2008 - Law Project for Psychiatric Rights

Law Project for
Psychiatric Rights
v.
State of Alaska
Facing Foster Care in Alaska
Retreat
November 8, 2008
Anchorage, Alaska
James B. (Jim) Gottstein, Esq.
Law Project for Psychiatric Rights
[email protected]
http://PsychRights.org/
Law Project for Psychiatric
Rights (PsychRights®)
• Public Interest Law Firm Founded in Late 2002
To Mount a Strategic Litigation Campaign
Against Forced Psychiatric Drugging and
Electroshock Around the Country.
• Won 3 Alaska Supreme Court Cases Since
Then – Two Others at Oral Argument Stage
– In the Middle of Trial now that May Go Up
• Children and Youth Are Forced Because It is
Not Their Decision
• PsychRights Declared the Drugging of Children
& Youth in State Custody an Emergency Two
Years Ago and Made a Priority
Psych Drugging of Children
& Youth
• Very Powerful Drugs That Cause Great Harm
• Most of the Drugging Is to Control Unwanted
Behavior
• 40-Fold Increase in Bi-Polar Diagnoses
– Used to Justify Stronger Drugs Antidepressants,
“Mood Stabilizers” and Neuroleptics
– 2.5 million children are on neuroleptic drugs
• 60-80% of Children & Youth in State Custody
Being Drugged
• Thousands of infants less than 1 Year Old
Have Received Psychotropic Drugs
• Medicaid Paying for Psych Drugs for Children
& Youth Has Skyrocketed.
PsychRights v. State of
Alaska
•
Lawsuit Against State & Officials that Alaskan
Children and Youth have the Right Not to be
Given Psych Drugs Unless and Until,
i.
evidence-based psychosocial interventions have been
exhausted,
ii. rationally anticipated benefits of psychotropic drug treatment
outweigh the risks,
iii. the person or entity authorizing administration of the drug(s)
is fully informed, and
iv. close monitoring of, and appropriate means of responding
to, treatment emergent effects are in place.
Complaint (Lawsuit) Available at http://psychrights.org
In Other Words,
Sue the Bastards to:
•
•
Stop State From Psych Drugging
Foster Children & Youth For the
Benefit of Their Controllers
Stop Medicaid From Paying for
Psych Drugging of Children &
Youth For the Benefit of Adults in
Their Lives
PsychRights v. Alaska
Wants:
• Court Ruling Children & Youth Have
These Rights in Their Own Name
• Court Order Prohibiting the State from
Authorizing or Paying for the Drugs
Unless they Meet the Criteria (which they
can’t)
• Fix Situation for Children & Youth Being
Given These Drugs Now
• Practical Problem: How to Keep a
System That Might be Set Up from Being
Co-opted
What is Needed
• That Non-Drug Choices Work Has
Been Proven Over & Over Again.
• Foster Children & Youth Need Help
Dealing With What Brought them
There and Foster Care Traumas
• Parents and Foster Parents Need
Help in Raising Children & Youth
Key Principles
• Understanding Rather than Diagnosing
• Increase Personal Control Rather than
Decrease It, but
• Being Responsibility for Actions
• Master Rather than Avoid Triggering
Experiences
• Create Environment for Success (Sports,
Social, Arts, Education, including
College, etc.)
Based On
CriticalThinkRx.Org
• http://www.criticalthinkrx.org/
• Funded by the Attorneys General Consumer
and Prescriber Grant Program, arising out of the
multi-state settlement of consumer fraud claims
regarding the marketing of Neurontin
• Designed to educate professionals in child
welfare and mental health to make informed
decisions regarding authorizing pediatric
psychopharmacolgy
• Meticulously Researched
FFCA/PsychRights
Collaboration?
•
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•
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Educate PsychRights!!
Potential Witnesses
Find Potential Witnesses
Research
Educating Public (Media Relations)
Activism?
Other??
Carpe Diem
(Seize the Day)