We have 49 more states and Manny territories to go.
Department of Justice Reaches Agreement to Resolve Americans With Disabilities Act Investigation of West Virginia’s Children’s Mental Health System
The Department of Justice today announced that it reached an agreement with the State of West Virginia to resolve its conclusion that there is reasonable cause to believe the State violates the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing children with serious emotional or behavioral disorders in residential treatment facilities instead of providing them in-home and community-based mental health services. Under the agreement, West Virginia will expand and improve in-home and community-based mental health services throughout the State to better meet children’s needs. The services include mobile crisis services, case management, therapeutic foster care, in-home therapy, and assertive community treatment. In addition, West Virginia will develop a plan to eliminate the unnecessary use of residential mental treatment facilities for children whom the State could serve in the community.
“This settlement will ensure that children are no longer unnecessarily institutionalized in residential treatment facilities far from family and friends,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We commend the State for its willingness to make changes to better serve children with mental health needs in the community.”
“This is a substantial, landmark agreement. It has been a long time coming and its impact will be felt for generations to come,” said Mike Stuart, United States Attorney for the Southern District of West Virginia. “When I became United States Attorney, this matter had suffered with no agreement for more than four years. A settlement looked unlikely and, at times, near impossible. Today’s agreement reflects a genuine, shared commitment to children and families by the Department of Justice and the State of West Virginia, as well as a spirit of good faith and mutual respect between myself and Secretary Crouch. Let there be no doubt, the real winners here today are West Virginia’s children and families.”
“Children need and deserve stability, and staying at home while receiving treatment offers that and so much more,” said Bill Powell, U.S. Attorney for the Northern District of West Virginia. “This issue is vitally important to the families in our district and our great state. This agreement will keep families closer and we are gratified that the State will be taking significant steps to improve the current situation. Our children are some of our most vulnerable citizens and this agreement is a step in the right direction for them and their families.”
OMB Control No. 1190-0009. Form Expiration Date: September 30, 2021
You can file an Americans with Disabilities Act (ADA) complaint alleging disability discrimination against a State or local government or a public accommodation (private business including, for example, a restaurant, doctor's office, retail store, hotel, etc.). A complaint can be filed online using the link below, by mail, or by facsimile.
To file an ADA complaint by mail, send the completed ADA complaint form to:
US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section
Washington, D.C. 20530
To file an ADA complaint by facsimile, fax the completed ADA complaint form to: (202) 307-1197
Please keep a copy of your complaint and the original documents for your own records.
The United States has entered into an agreement with a national daycare provider to resolve an Americans with Disabilities Act (ADA) lawsuit. In the lawsuit, the United States alleged that Spring Education Inc. (SEI), formerly known as Nobel Learning Communities Inc., discriminated against a 3-year-old child and her parents in violation of the ADA by refusing to make reasonable modifications to its toileting policy and then expelling the child on the basis of her disability. The child had toileting delays resulting from her disability.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Plaintiff,
v.
NOBEL LEARNING COMMUNITIES d/b/a CHESTERBROOK ACADEMY
HON. NOEL L. HILLMAN Civil Action No. 17-366 (NLH) (JS)
SETTLEMENT AGREEMENT
BACKGROUND
This Agreement is entered into by the United States of America and Nobel Learning Communities, Inc., n/k/a Spring Education, Inc. d/b/a Chesterbrook Academy (“SEI”).1
The United States is authorized to investigate alleged violations of Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-89, and to bring a civil action in federal court in any case that raises an issue of general public importance. 42 U.S.C. § 12188(b).
Title III of the ADA prohibits a public accommodation from discriminating against an individual on the basis of disability in the full and equal enjoyment of its goods and services. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201.
SEI is a Delaware corporation headquartered in Pennsylvania, which operates a network of private schools in 18 states and the District of Columbia. SEI is a public accommodation subject to the requirements of Title III of the ADA because it owns and operates a place of public accommodation. 28 C.F.R. § 36.104.
M.M., a minor, and her parents lodged a complaint with the United States Department of Justice alleging that SEI’s Chesterbrook Academy in Moorestown, New Jersey, discriminated against M.M. and her parents when it disenrolled M.M. in March of 2015 on the basis of disability. Specifically, M.M.’s parents alleged that SEI disenrolled M.M. based on M.M.’s failure to meet a certain deadline by which M.M. would have to be toilet-trained.
On January 18, 2017, the United States filed a Complaint in the United States District Court for the District of New Jersey alleging that SEI violated Title III of the ADA, and its implementing regulation, 28 C.F.R Part 36. In its Complaint, the United States alleged that SEI: 1) failed to make reasonable modifications to its policies, practices, or procedures for M.M.; 2) disenrolled M.M. due to M.M.’s disability; and 3) excluded or otherwise denied equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to M.M.’s parents because of the known disability of M.M.
On November 2, 2017, SEI answered the Complaint, denied the United States’ allegations that it violated the ADA, and asserted affirmative defenses. The United States and SEI agree that it is in the Parties’ best interests, and the United States believes it is in the public interest, to fully and finally resolve this matter on mutually agreeable terms and without resorting to continued litigation. The Parties agree that by entering into this Agreement, SEI does not admit any allegation made by the United States; nor does SEI admit liability, wrongdoing, or violation of the ADA or any other statute, regulation, or provision of the United States Constitution, or any state constitution or law. The Parties have therefore voluntarily entered into this Agreement, agreeing as follows:
NON-MONETARY RELIEF
Within thirty (30) days of the Effective Date (as defined by Para. 20, below) of this Agreement, SEI will add a statement to its current Non-Discrimination Policy that states: “At all SEI facilities where diaper changing or toileting assistance is provided, SEI will provide toileting assistance, including diaper changing, for a child with a disability 2 where such assistance is necessary because of disability, unless SEI can demonstrate that making such a modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations SEI provides. A fundamental alteration analysis requires an individualized inquiry that could include, for example, the nature of SEI’s services, the child’s needs, configuration of a “facility” (as that term is defined in 28 C.F.R. § 36.104), and applicable laws or licensing requirements that are essential to SEI’s services.”
SEI will continue to engage an ADA Compliance Officer and will continue to indicate in its Non-Discrimination Policy that the ADA Compliance Officer is the decision-maker on requests for modifications. The ADA Compliance Officer shall ensure that SEI adopts and implements the policies, practices, and procedures set forth herein. SEI will provide the ADA Compliance Officer with sufficient authority and resources to perform the tasks required by this Agreement, including review of all toileting reasonable modification requests and all decisions to exclude from enrollment or dis-enroll a child from an SEI facility where the child has a toileting delay that is related to a disability. The ADA Compliance Officer will maintain records regarding his or her review of all toileting reasonable modification requests and all decisions to exclude from enrollment or dis-enroll a child with a disability for not less than the term of the Agreement.
Within sixty (60) days of the Effective Date of this Agreement, SEI shall submit to the United States for review, revised reasonable modification policies and procedures relating to toileting modifications, pursuant to Title III of the ADA. SEI will consider in good faith any comments offered by the United States. SEI’s policies and procedures shall include the following:
The policy set forth in Paragraph 8.
Subject to Paragraph 8, when a child’s disability limits his or her ability to be toilet trained within a certain time frame, SEI will not disenroll that child on that basis, nor will SEI require that the child become toilet trained according to a timeline that is inconsistent with the child’s developmental ability or needs.
Upon receiving a request for a modification relating to toileting, SEI will initiate a discussion with the parent(s) or guardian(s) to determine whether the child has a disability for which he or she needs modification(s) and to explore what modification(s) may be appropriate pursuant to the ADA. SEI will make individualized determinations based on the facts of each request.
SEI may only deny a request for a toileting reasonable modification if it can demonstrate that making the requested modification would fundamentally alter the nature of SEI’s services, as explained in Paragraph 8. SEI will not apply a general prohibition against providing particular types of reasonable modifications relating to toileting.
An explanation of how parent(s) or guardian(s) are to request reasonable modifications relating to toileting for children with disabilities at its facilities.
A response to a request for a reasonable modification relating to toileting will be provided by SEI in writing. In the ordinary course, SEI will endeavor to decide the reasonable modification request within ten (10) days from the date that it receives the necessary information sufficient to evaluate the request. If a request for a toileting reasonable modification is denied, SEI shall notify the child's parent(s) or guardian(s), in writing, of the reason(s) for the denial.
The contact information for SEI’s ADA Compliance Officer.
Within thirty (30) days of receipt of any comments from the United States regarding the policy set forth in Paragraph 10, SEI shall publicize such policy as an attachment to SEI’s Non-Discrimination Policy, which SEI will continue to publish on the websites for each of its individual schools,3 and shall disseminate such policy to parents and guardians of currently enrolled children at SEI facilities where diaper changing or toileting assistance is provided. Beginning on that same date, SEI shall (i) disseminate such policy to parents and guardians who indicate that they would like a reasonable modification for their child relating to toileting in connection with their completion of the Pre-Enrollment Modification Inquiry Form included in their application packet; and (ii) provide such policy upon request by a parent or guardian
At its October 2019 annual live training session for Regional Directors, Principals, and Assistant Principals, SEI’s General Counsel will provide training on the policy changes described in Paragraph 8. SEI shall create training materials regarding such policy changes and provide those materials to the United States before they are provided at the annual training session. The United States shall have a reasonable opportunity to review the training materials prior to the training being provided, and SEI shall consider in good faith comments provided by the United States. In addition:
New Regional Directors, Principals, and Assistant Principals hired during the term of this Agreement shall be provided comparable training at the next occurring quarterly training.
For the duration of this Agreement, SEI will provide annual refresher training on the toileting policy to all Regional Directors, Principals, and Assistant Principals.
SEI will create and maintain an attendance log that documents the name of each individual who attends the trainings required in this Paragraph, his or her title, and the date he or she attended the training.
SEI will report to the United States, within ten (10) business days, any decision to disenroll a student based, in whole or in part, on toileting delays if that student has a disability and the toileting delay is related to the disability. This reporting requirement shall include students who are withdrawn by a parent or guardian after being told of a potential deadline or given a deadline to be toilet-trained, provided that the withdrawal occurs before the deadline. This information should be sent by e-mail to the address specified in Paragraph 15.
In addition to the reporting obligation set forth in the preceding Paragraph, SEI will provide the United States, on an annual basis,4 written reports on the following issues:
Relevant information concerning the decision to place a child between the ages of 0 and 6 years old on a toileting timeline, provided that the child has a disability. “Relevant information,” as used in this provision, shall mean: the child’s initials; the child’s date of birth; the SEI school where the child is or was enrolled; the length of the timeline applied to that child; and the result of the application of the timeline (e.g., the child met the original timeline; the timeline was extended; the child failed to meet the timeline).
Relevant information (as defined above) concerning all requests for modification that relate in any way to toileting issues, provided that the child at issue has a disability. Specifically, SEI will report on whether it: (i) granted the request; (ii) requested medical documentation relating to the child’s disability and any necessary modifications; or (iii) denied the request, in which case SEI will document each and every reason for the denial and shall submit documentation about the decisions denying such requests to the United States consistent with its annual reporting requirements.
The United States may request additional information related to the foregoing disclosures. SEI agrees to cooperate in good faith with reasonable requests from the United States for additional relevant information about the child and the modification and/or toileting issue, which includes, but is not necessarily limited to, the child’s parent or guardian’s name(s) and contact information.
SEI shall send the written reports set forth in Paragraphs 13 and 14 via electronic mail to the United States (to the attention of david.simunovich@usdoj.gov and charlotte.lanvers@usdoj.gov or other person who may be specified by the United States).
SEI will promptly notify the United States (by contacting the individuals designated in Paragraph 15) if any individual files a lawsuit or complaint in court or with an administrative agency alleging that SEI discriminated against a child between the ages of 0 and 6 years old on the basis of disability based in whole or in part on the child’s toileting status.
For children identified to the United States in connection with Paragraphs 13-14, SEI will retain its records relating to such children in the same manner as it maintains records for any other of its current or former children. At a minimum, however, SEI will retain its records concerning these topics for not less than the term of the Agreement.
MONETARY PAYMENTS
Within the later of fifteen (15) days of the Effective Date of this Agreement or fifteen (15) days of the date SEI receives a release signed by M.M.’s parents on behalf of themselves and M.M., the form of which is attached as Appendix A, SEI will pay $18,000 to M.M. SEI shall provide written notification to counsel for the United States, including a copy of the check, when it has completed the actions described in this Paragraph.
Within thirty (30) days of the Effective Date, SEI shall make payment in the amount of $30,000 to the United States, pursuant to 42 U.S.C. § 12188(b)(2)(C). SEI shall deliver the check or money order, via overnight mail, to counsel for the United States at 970 Broad Street, 8th Fl., Attn: David Simunovich, Newark, New Jersey, 07102.
MISCELLANEOUS PROVISIONS
The Effective Date of this Agreement is the date of the last signature below. However, with respect to the training obligations imposed by paragraph 12 of this Agreement, the effective date shall be October 21, 2019.
The duration of this Agreement will be two (2) years from the Effective Date.
In consideration of this Agreement, the United States agrees to close its investigation and compliance review (DJ No. 202-48-288) without further enforcement action, except as set forth in this Agreement. The Parties agree and acknowledge that this consideration is adequate and sufficient.
The United States may review compliance with this Agreement at any time. SEI will cooperate fully with the United States’ reasonable efforts to monitor compliance with this Agreement, including with respect to providing the United States with documents required to be prepared or maintained as a result of or pursuant to this Agreement. If the United States believes that SEI has failed to comply with any requirement of this Agreement, the United States will notify SEI in writing and the Parties will attempt to resolve the issue in good faith. The United States shall not initiate a civil action to enforce this Agreement unless and until the Parties are unable to reach a satisfactory conclusion within thirty (30) calendar days of the date the United States notifies SEI.
Any time limits for performance imposed by this Agreement may be extended by the mutual written consent of the Parties. With regard to any of the deadlines specified in this Agreement, SEI shall notify the United States at least ten (10) business days before any deadline of an anticipated inability to meet the deadline and the reason(s) why, and shall request an extension of time to a specific date.5 The United States shall not unreasonably withhold consent to a request for an extension of time made in good faith.
Except with respect to the obligations and rights created by the Agreement, the United States does hereby absolutely, fully, and forever release and discharge SEI and its respective shareholders, members, managers, legal successors and assigns, heirs, administrators, subsidiaries, affiliates, attorneys, agents, servants, employees, officers, directors, and partners, of and from any and all claims, demands, damages, debts, liabilities, accounts, obligations, costs, expenses, actions, and causes of action asserted in the Complaint filed in this action.
Within ten (10) days of execution of this Agreement, the United States will file a stipulation of dismissal with prejudice of D.N.J. Civil Action No. 17-366 (NLH/JS), signed by all parties, pursuant to Federal Rule of Civil Procedure 41(a)(1), with each party bearing its own costs.
Failure by the United States to enforce any provision of this Agreement will not be construed as a waiver of its right to enforce any provisions of the Agreement.
If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect.
The individuals signing this Agreement represent that they are authorized to do so on behalf of the respective entity for which they have signed.
This Agreement will have no impact upon the rights or claims of any individual not identified in this Agreement who has made, or may make, claims against SEI for issues discussed herein. This Agreement is not intended to remedy any potential violations of the ADA or any other law, other than those specifically addressed by this Agreement. Nothing in this Agreement will preclude the United States from filing a separate action under the ADA or any other law for any alleged violation not covered by this Agreement.
This Agreement, including Appendix A, constitutes the entire agreement between the United States and SEI on the matters raised herein and no other statement or promise written or oral, made by any party or agents of any party, that is not contained in this written Agreement, including its Appendix, shall be enforceable.
This Agreement and any amendment hereto shall be public documents.
This Agreement shall be binding upon the United States and on SEI, its agents, employees, successors, and assigns.
If SEI acquires a new facility during the term of this Agreement, SEI shall implement the requirements of this Agreement with respect to that facility within a reasonable period of time (not to exceed 3 months).
Nothing in this Agreement shall be construed to relieve SEI of its compliance obligations with respect to any provision of Title III of the ADA or its implementing regulation.
1 Nobel Learning Communities, Inc. is now known as Spring Education, Inc., which, for purposes of this Agreement, is the successor to Nobel Learning Communities, Inc.
2 For the purposes of this Agreement, “disability” means an individual with a disability as defined by the ADA. 42 U.S.C. § 12102(1).
3 By way of example, the individual school website for Chesterbrook Moorestown is: https://www.chesterbrookacademy.com/preschools/nj/moorestown/. The Non-Discrimination Policy is currently located in the “About Us” section of that webpage. SEI will include a link to that policy in the “About Us” section for each of the SEI schools subject to this policy.
4 The first such report, covering the period from the Effective Date of this Agreement through April 30, 2020, shall be made no later than June 1, 2020. The second such report, covering the period from May 1, 2020 through April 30, 2021, shall be made no later than May 31, 2021.
5 In the event that circumstances prevent SEI from providing 10-day notice pursuant to this Paragraph, SEI shall provide as much notice as is reasonably possible and shall explain to the United States the basis for not providing 10 days’ notice.
FOR THE UNITED STATES
CRAIG CARPENITO
United States Attorney
/s/
DAVID V. SIMUNOVICH
JORDAN M. ANGER
BEN KURUVILLA
Assistant United States Attorneys
970 Broad Street, Suite 700
Newark, NJ 07102
Tel. (973) 645-2736
david.simunovich@usdoj.gov
/s/ Charlotte Lanvers
Charlotte Lanvers
Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W. – 4CON
Washington, DC 20530
Tel. (202) 305-0706
Charlotte.Lanvers@usdoj.gov
11-13-19
Date
/s/ Margaret Hagar
MARGRET HAGAR
General Counsel
Nobel Learning Communities, Inc.
n/k/a Spring Education, Inc.
1615 West Chester Pike,
West Chester, PA 19382 11-12-19
Date /s/ Bonnie M. Hoffman
BONNIE M. HOFFMAN
ANDREW M. ERDLEN
Hangley Aronchick Segal Pudlin & Schiller
One Logan Square, 27th Floor,
Philadelphia, PA 19103 11-12-19
Date
The Justice Department announced today the formation of the new Procurement Collusion Strike Force (PCSF) focusing on deterring, detecting, investigating and prosecuting antitrust crimes, such as bid-rigging conspiracies and related fraudulent schemes, which undermine competition in government procurement, grant and program funding.
At a press conference today at the Department of Justice in Washington, D.C., Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division explained that the PCSF will be an interagency partnership consisting of prosecutors from the Antitrust Division, prosecutors from 13 U.S. Attorneys’ Offices, and investigators from the FBI, the Department of Defense Office of Inspector General, the U.S. Postal Service Office of Inspector General and other partner federal Offices of Inspector General.
Deputy Attorney General Jeffrey A. Rosen expressed the Department’s support for the initiative. “To protect taxpayer dollars, the Justice Department is doing its part to eliminate anticompetitive collusion, waste and abuse from government procurement,” said Deputy Attorney General Rosen. “To ensure taxpayers the full benefits of competitive bidding, experienced investigators and prosecutors with the necessary expertise will partner in this Strike Force to deter, detect and prosecute antitrust crimes and related schemes in government procurements.”
“The investigation and prosecution of individuals and organizations that cheat, collude and seek to undermine the integrity of government procurement are priorities for this administration,” said Assistant Attorney General Delrahim. “The PCSF will train and educate procurement officials nationwide to recognize and report suspicious conduct in procurement, grant and program funding processes. We will aggressively investigate and prosecute those who violate our antitrust laws to cheat the American taxpayer.”
The PCSF will lead a national effort to protect taxpayer-funded projects at the federal, state and local level from antitrust violations and related crimes, starting with a focus on 13 districts throughout the country. Prosecutors from the Antitrust Division and the participating U.S. Attorneys’ Offices, along with agents from the FBI and partner Offices of Inspector General, will work together to conduct outreach and training for procurement officials and government contractors on antitrust risks in the procurement process. In addition, the partnered prosecutors and investigators will jointly investigate and prosecute cases that result from their targeted outreach efforts.
“Inspectors General throughout the federal government have a long history of rooting out waste, fraud and abuse in government contracting,” said Michael E. Horowitz, Inspector General of the Department of Justice and Chair of the Council of Inspectors General on Integrity and Efficiency. “We welcome the opportunity to contribute our expertise to the important work of the Procurement Collusion Strike Force. We look forward to partnering with the other participating members of the law enforcement community to hold accountable actors who seek to defraud the government and cheat taxpayers.”
“The FBI has a long history of working with our interagency and law enforcement partners to investigate public procurement crimes and ensure justice,” said FBI Criminal Investigative Division Assistant Director Terry Wade. “We are committed to working closely with our DOJ colleagues and our federal, state and local partners as we continue to successfully combat these crimes.”
“Individuals and companies that participate in procurement collusion cause significant harm and losses to the Department of Defense and to American taxpayers,” said Glenn A. Fine, Principal Deputy Inspector General, Performing the Duties of the Inspector General, of the Department of Defense Office of Inspector General. “The DoD Office of Inspector General, and our criminal investigative component, the Defense Criminal Investigative Service, are committed to aggressively investigating those individuals and companies who would attempt to compromise government procurement processes.”
The Antitrust Division and its law enforcement partners have a history of prosecuting criminal antitrust conspiracies that take advantage of government contracts. In late 2018 and early 2019, for instance, five South Korean oil companies agreed to plead guilty for their involvement in a decade-long bid-rigging conspiracy that targeted contracts to supply fuel to U.S. military bases in South Korea. The Antitrust Division also indicted seven individuals for conspiring to rig bids and to defraud the government, and one executive was also charged with obstruction of justice. In total, the companies have agreed to pay $156 million in criminal fines and over $205 million in separate civil settlements. This year, the Justice Department, in partnership with the GSA Office of Inspector General, also indicted individuals for involvement in rigging bids submitted to the GSA.
Nicola T. Hanna, Central District of California
McGregor Scott, Eastern District of California
Jason R. Dunn, District of Colorado
Jessie K. Liu, District of Columbia
Ariana Fajardo Orshan, Southern District of Florida
Byung J. “BJay” Pak, Northern District of Georgia
John R. Lausch, Jr., Northern District of Illinois
Matthew Schneider, Eastern District of Michigan
Geoffrey S. Berman, Southern District of New York
David M. DeVillers, Southern District of Ohio
William M. McSwain, Eastern District of Pennsylvania
Erin Nealy Cox, Northern District of Texas
G. Zachary Terwilliger, Eastern District of Virginia
The PCSF’s investigative partners include:
Department of Defense Office of Inspector General
Federal Bureau of Investigation
General Services Administration Office of Inspector General
Department of Justice Office of the Inspector General
U.S. Postal Service Office of Inspector General
The PCSF has launched a publicly available website at https://www.justice.gov/procurement-collusion-strike-force, where government procurement officials and members of the public can review information about the federal antitrust laws and training programs, and report suspected criminal activity affecting public procurement.
Individuals and companies are encouraged to contact the PCSF if they have information concerning anticompetitive conduct involving federal taxpayer dollars by emailing pcsf@usdoj.gov.
Michigan intentionally created this population of "The Poors" for the purposes of profit.
Michigan's Child Welfare System Sucks.
That boy should never have been in the care of the State.
There is no help for the parents whose children are only the victims of the wonderful biomedical, psychiatric and socioeconomic experiments, performed by the likes of foreign corporations, with costs reimbursed through Medicaid.
An entire generation of parents have been demonized from the resounding sounds of praise in pointing the finger at the moral turpitude of poverty, where one is blessed when there is a maximization of profits.
The term is called "involuntary placement" into Foster Care, the only place where a parent may access mental health treatment that is so poorly run, children will learn to defend themselves, to the death, for the purposes of survival.
Wayne County has an absolutely deplorable track record when it comes to prosecuting youth.
Someone should really confront Kym Worthy on this because I know of duplicate cases being run under her jurisdiction, where she did absolutely nothing except run one sensational case after another, leaving children to fear the court and the entire juvenile system, taking their chances of survival to the streets.
You people like to call it human trafficking, now a days.
Some of these age out youth have no parents and are left to fend for themselves, if they are lucky to capture that glorious SSI check, to get a room and some make shift community support system.
The parents sacrifice everything to care for what was done to the mothers during gestation and their children in Michigan's Foster Care System.
I have documented and witnessed the massive pilfering of this "it takes a village" mentality for more than two decades.
It boils down to parental rights.
This is nothing but another residual of the peculiar institution.
Praise the lord and may the heavens fall for what has been done to our most precious treasures.
Nancy Edmunds needs to stop covering up the hellhole of Michigan's Child Welfare System.
I would love to see a forensic audit on his medical and psychiatric files because there was mention of a kidney condition.
You do not break confidentiality in doing a stochastic analysis of the expenditures and you will most definitely find Medicaid Fraud In Child Welfare.
A severely mentally ill teen discharged from jail to a local emergency room after being ruled incompetent to stand trial for murder was discharged late Thursday to a state-run psychiatric hospital as The Detroit News made calls about his placement.
Darian Smith-Blackmon has been placed at one of Michigan's five psychiatric hospitals, after spending 45 days at Detroit Receiving Hospital.
The News is not disclosing his location to protect his privacy.
Darian Smith-Blackmon, 19, pictured here on Oct. 30, 2019, with his mother, Melvina Smith of Romulus, was discharged from Wayne County Jail to the E.R. at Detroit Receiving Hospital on Sept. 17, and remains an inpatient while awaiting placement in an adult foster care home.
"Darian was ruled incompetent and the process should not take this long," said Ann Arbor attorney Bill Amadeo, who represents Smith-Blackmon.
"There's certainly a problem that needs to be corrected."
A Michigan Department of Health and Human Services spokeswoman wouldn't comment on Smith-Blackmon's case because it involves "protected health information."
"However, once an individual is identified as permanently incompetent, if they are thought to need additional hospital level care, they may go through probate court for that commitment, and these activities can occur at the local level and take some time to complete," HHS representative Lynn Sutfin said Friday.
The department "is working with many stakeholders to help improve both the ability to access state hospital beds, and the ability for the community to facilitate discharges to make those beds available."
The case of Smith-Blackmon illustrates how Michigan, like other states, grapples to care for its most difficult mentally ill patients while preventing them from hurting others. His case was highlighted in an Oct. 10-11 Detroit News series called "Healing Justice" that compared Norway's innovative approaches to mental health and criminal justice with practices in Michigan and the United States.
There were 191 people on a waiting list for treatment at a state mental hospital as of Oct. 31, up from 138 waiting for a bed at the end of September, according to the state Department of Health and Human Services.
The autistic teen was found incompetent to stand trial on Aug. 27, but remained at Wayne County Jail for 21 more days. Late on the evening of Sept. 17, he was transported to the emergency room at Detroit Receiving Hospital.
The 19-year-old Smith-Blackmon had spent nearly six months in jail after assaulting a fellow resident at an adult foster care home on March 22. He suffers from intellectual disability, psychosis and bipolar disorder, and has been in and out of group homes and hospitals since the age of nine.
John Bagget, an elderly man with "mild retardation and schizophrenia" at Woods Care Home in Wayne, died of his injuries on April 22, and Smith-Blackmon was charged with first-degree murder.
The News was unable to contact Bagget's next of kin.
Questions remain about why Smith-Blackmon was sent to Woods Care Home, a low-security facility with mostly senior residents, after he had assaulted residents at two previous adult foster care homes.
"I don’t think anything (was) intentionally screwed up here, it’s just that nobody knows how to handle this kind of problem," said Amadeo, the attorney.
Michigan had the 46th fewest mental hospital beds in the nation with 7.3 state psychiatric beds per 100,000 residents, according to a 2016 study by the Treatment Advocacy Center, a Virginia nonprofit that works to reduce barriers to care for the mentally ill. The state had 725 beds in a state with nearly 10 million people.
During a Wednesday night interview with The News at the teen's hospital room, Smith-Blackmon's mother, Melvina Smith of Romulus, said social workers were trying to locate another adult foster care home to take him.
"This is the picture of a system failure across the board that allowed this to happen," said Tom Watkins, a former state mental health director and former director of the Detroit Wayne Mental Health Authority. "We have a responsibility to get it right for this young man.
"We can't afford to fail — for the people he's going to be around, his family who love him and society at large. Without the proper treatment and service, he could be a ticking time bomb."
The Detroit Wayne Wayne Mental Health Authority, which oversees adult foster care home placements for the county, would not comment on Smith-Blackmon's case.
The authority's network strives to "prevent crisis, provide early intervention and stabilize individuals" while providing a safety net of crisis services for Wayne County's 75,000 residents, said spokeswoman Tiffany M. Devon.
Smith-Blackmon gave his mother multiple hugs during his Wednesday night interview. He greeted a reporter with a smile and shyly revealed a tattoo on his right arm that he's proud of.
"Woke, sleep, watch movies," he said when asked what he did that day. "I'm bored."
Smith-Blackmon didn't receive any psychotherapy at the hospital, jail or any of the four adult foster care homes he's lived in during his short time as an adult, Smith said.
Asked if he'd like to get therapy, Smith-Blackmon said "yes."
Asked how he feels when he thinks about the "incident" at Woods Care Home, he looked down at his hands and said "sad."
Darian Smith-Blackmon, 19, pictured here on Oct. 30, 2019, with his mother, Melvina Smith of Romulus, was discharged from Wayne County Jail to the E.R. at Detroit Receiving Hospital on Sept. 17, and remains an inpatient while awaiting placement in an adult foster care home.Buy Photo
Darian Smith-Blackmon, 19, pictured here on Oct. 30, 2019, with his mother, Melvina Smith of Romulus, was discharged from Wayne County Jail to the E.R. at Detroit Receiving Hospital on Sept. 17, and remains an inpatient while awaiting placement in an adult foster care home. (Photo: Karen Bouffard, The Detroit News)
Smith said she was perplexed why her son was discharged from the jail to a Detroit hospital emergency room on Sept. 17.
The hospital discharged him to an adult foster care home four days later, but he was returned to the emergency room within hours, so emotionally upset that he required restraints and injections to calm down, his mother said.
A few days later, Smith-Blackmon experienced kidney problems, chest pains and an elevated heart rate, and was moved to a medical unit for intravenous treatment, she said.
He was diagnosed with rhabdomyolysis, according to Smith. It's a serious syndrome that can lead to kidney failure. A long list of possible causes for the condition includes physical injury, exposure to infections or use of anti-psychotic medications.
According to Smith, her son's been off intravenous treatment "at least (a) couple weeks now." But she's been frustrated by the difficulty of getting medical information on her son.
Though found incompetent to stand trial, he's still legally his own guardian. Smith said she'd taken steps to obtain guardianship before the assault occurred, and she still hopes to accomplish that. She also hopes that, one day, she'll be able to care for him herself.
"I want him to get treatment," Smith said. "He wants treatment, but he also wants freedom at home."
About 2% of people with a serious mental illness commit major crimes, according to the Treatment Advocacy Center, a Virginia nonprofit that works to reduce barriers to care for the mentally ill.
Residents at Michigan state mental hospitals receive psychotherapy in addition to psychiatric medications, according to experts, who say therapy can be effective in helping aggressive or violent mentally ill people learn to live safely in community settings.
"I don't think he will ever be competent to understand what the average person understands," Amadeo said. "I don't think Darian will ever have a nine-to-five job, but I think he could have a decent life where he's not a threat to society.
"That's what we can hope for in this situation. I think there's a chance to help him, and help him while protecting the community. That can be accomplished."
I hope we are not finished with these adult foster care homes because these are the "promised land" for many aging out of foster care who do not wish to live on the streets.
FUN FACT! A CORPORATE PARENT IS ONLY OBLIGATED TO GIVE A RESIDENT $40 A MONTH FROM THE $771.00 MONTHLY SSI PAYMENT
The owners and operators of multiple Michigan adult foster care homes were sentenced today for federal tax crimes. Jeremiah Cheff was sentenced to 27 months in prison, and Nicolette Cheff was sentenced to two years of probation, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Matthew Schneider for the Eastern District of Michigan.
According to court documents and the evidence presented at trial, Jeremiah and Nicolette Cheff (“the Cheffs”) owned and controlled the financial and business operations of 16 foster care homes that cared for individuals with mental illnesses and developmental and physical disabilities. From September 2010 through September 2014, the Cheffs withheld payroll taxes from employees’ paychecks, but failed to timely file payroll tax returns and pay over the withheld funds to the Internal Revenue Service (IRS). Jeremiah Cheff also failed to file several individual income tax returns and, when the IRS attempted to collect unpaid payroll taxes, he sent the IRS a false financial instrument claiming to be worth $80,000 and falsely claimed to a revenue officer that he had paid the taxes due.
On April 11, 2017, Nicolette Cheff pleaded guilty to failing to file an Employer’s Quarterly Federal Tax Return and failing to file an Individual Income Tax Return.
On May 20, 2019, a jury found Jeremiah Cheff guilty of 60 counts of willfully failing to account for and pay over payroll taxes. He was also convicted of corruptly endeavoring to obstruct the IRS, and failing to timely file his 2013 through 2015 individual income tax returns.
In addition to the term of imprisonment imposed, United States District Judge Linda V. Parker ordered Jeremiah Cheff to serve two years of supervised release, and ordered both to pay restitution in the amount of $199,647 to the IRS.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Schneider commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Jeffrey A. McLellan and Carl F. Brooker, IV, of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
Sounds like tiny human lab rat issues were the catalyst for his self extraction from humanity, or was it? JED is a nonprofit that exists to protect emotional health and prevent suicide for our nation's teens and young adults. JED equips teens and young adults with the skills and knowledge to help themselves and each other; partners with high schools and colleges to strengthen their mental health, substance abuse and suicide prevention programs and systems; and encourages community awareness, understanding and action for young adult mental health.
The head of the University of Pennsylvania's psychological and counseling services department died by suicide, officials confirmed on Wednesday. Dr. Gregory Eells, 52, died on Monday morning due to multiple blunt impact injuries, according to the Philadelphia Department of Health, and the University of Pennsylvania confirmed his death to CBS News.
Gregory Eells
The Philadelphia Inquirer reported Eells jumped to his death from a 17-story building in Center City Philadelphia. The Inquirer said his death occurred about 6:40 a.m. on Monday morning along the 100 block of South Broad Street, where he had been living.
According to The Daily Pennsylvanian, the university's student newspaper, Vice Provost for University Life Valarie Swain-Cade McCoullum and Chief Wellness Office Benoit Dubé wrote an email to the university community where they extended their condolence to Eells' family. The two administrators described his death as sudden and did not state the cause of death.
THE UNIVERSITY OF PENNSYLVANIA
Eells had been hired in January to lead the university's Counseling and Psychological Services. He began in March after spending more than a decade at Cornell University in a similar role. According to a press release, Eells taught both graduate and undergraduate students in courses on counseling, social psychology and developmental psychology. He served as chair of the Mental Health Section of the American College Health Association in 2014 and won the Association for University and College Counseling Center Director's Award for Excellence in Counseling Center Scholarship in 2016.
Eells earned a PhD in counseling psychology from Oklahoma State University, an MA in psychology from Eastern Illinois University, and a BA in psychology and biology from Greenville College.
The Philadelphia Inquirer reported that police said no suicide note was left. Dr. Eells is survived by his wife and three children, who live in Ithaca, New York.
There is a special bill about federal employees and arbitration.
Hmmmmm.......
#MeToo is very, very interesting.
They are talking about attorney fees.
Oh lookie! Everyone got hair cuts and spiffed up.
Ladies and Gentlemen, welcome to my world. The committee is talking about parental rights by making guns and children fungible under the Second Amendment.
The only thing that was not said was "parental rights".
I heard, verbatum, the legal arguments used almost 20 years ago, here, in Michigan, when it all started.
They are talking about mental health laws through ex parte hearings to take away your gun, where you are guilty until proven innocent, without right to face one's accuser.....sounds familiar anyone?
We are now officially talking about Child Protective Services.
They are still going. It is 9:22 p.m. EST with no end in sight because tomorrow is 911.
How to stop gun violence?
My Solution: STOP STEALIN' THE CHILDREN, LAND AND VOTES.
No one wants to discuss this because Judiciary would have to #sayhisname.
They were using blaming "mental health" where the other side said, "where is the mental health money?" (aka Medicaid Expansion).
In this video, Kellyanne Conway, "Legal Genius" (trademark pending) speaks upon child welfare laws, devoid of any semblance of understanding child protection laws.
Lacking in the basic structure or jurisdiction of child welfare laws, Kellyanne gracefully documents the dearth of legal acumen in the laws and policies of juvenile justice, foster care and adoption.
Without even conferring with White House Counsel, well, on second thought McGahn may have a tight schedule dealing with his cover up of TARP and his work on the construction and implementation of the fake ass Detroit Bankruptcy, along with its ancillary socioeconomic ills, like child welfare, Kellyanne gleefully educates the world on the inner workers of U.S. Department of Health and Human Services Children's Bureau all by herself, because she knows everything.
Because Kellyanne knows so much about child protection law, I say she definitely needs to be put on the expert witness list for all legal matters dealing with child welfare laws for the United States.
Think of all the legal cases of parents suing to rescue their children from Foster Care & Adoption, to save them from drugging, rape, torture, through her expert testimony.
Think of all the Medicaid fraud in child welfare, which is what are in those juvenile records Kellyanne is claiming we do not have access, yet fails to comment on civil rights laws in child welfare because there are none.
I bet Kellyanne knows about all those foreign corporations trafficking of tiny humans across the borders and through our ports, under chattel laws.
Kellyanne has put the age of consent on the table.
I bet Mike Pence debriefed her.
Mike Pence knows lots about trafficking tiny humans.
Someone should ask him.
We should ask everyone involved in child protection about what goes on behind the iron curtain of the dark and nefarious world of Child Welfare, that way we can access the records and go after the billions in Medicaid Fraud being exfiltrated out the country through fake ass child welfare NGOs.
It is about time we brought music and the arts back into the schools.
Music and art have always been the means to tell a story when no one else would listen.
It is time to listen to the original sources, the children.
Marco Iaconis has an amazing story to tell and so do the students and school administrators.
If you just so happen to have a few musical instruments lying around the house collecting dust, like guitars, saxaphones or whatever else, feel free to let Marco Polo know that you would like the students to have them, considering that they have very little, in some instances, students do not even have a place to live.
They do these OIG reports all the time and guess what happens?
Nothing.
Do you want to know why there is no compliance with the federal Medicaid waivers and state requirements in overseaing adult day care centers and adult foster care homes?
These are subcontracted by the states under foreign corporations, as corporate parents, and, therefore, the States have no jurisdicitonal standing to enforce any mandates, funded or unfunded, regulation, law, financial reporting requirements....you get the picture.
All the feds have to do is get that Conjugal Collaboration to terminate parental rights of all these corporations by bearing witness.
These corporate parents only, by law, have to give these individuals $50 a month from their Social Supplemental Income or other Social Security funds.
Daniel Levinson has been watching this crap for years, yet has been silent.
Perhaps, he was silent due to his passionate dedication to taking copious notes of what they do.
If our federal and States governments can allow the continuance in preserving the residuals of the peculiar institution, then, perhaps, it is time to just end the industry of salvaging souls.
In honor of Foster Care Propaganda Month, I have decided to celebrate with SAMHSA and the U.S. Department of Defense, TRICARE since they seem to be lost on this concept of Medicaid fraud in child welfare.
Have a great day!
Beverly TranWhat about the Medicaid fraud in child welfare?
Beverly TranHow to end depression in children - Stop making them poor
Beverly TranA pretty shiny brochure should not be considered high quality mental health services
Beverly TranFun Fact! Foster kids are uses as human lab rats with second generation antipsychotropics, and anything else they can bill to Medicaid.
Beverly TranSometimes, kids do not feel well after being raped nightly in foster care but drugs are great at silencing the screams.
Beverly TranFun Fact! Foster kids have no civil rights
Beverly TranFoster kids tend to get depressed when they know aging out means a life in human trafficking on the streets
Beverly TranFun Fact! The majority of SAMHSA and Foster Care contractors are foreign corporations.
Beverly TranFun Fact! Mental health programs for children of "The Poors" come from foreign think tanks.
