Toni Hoy was our guest blogger on April 14, 2010. To follow the thread of thought and experience, it's best to review her her blog and slideshow at http://scopeandcircumstance.wordpress.com/hes-my-son-3/ and then see her guest post.
If you are moved to comment, kindly consider your words before you type.
"Hello friends,
I decided to send this as a group email.
I wanted to let you all know of our recent decision to sue the state of Illinois.
My husband, me, and another parent, will be joint filing a federal lawsuit against IL HFS for injunctive relief from the state of IL for obtaining residential treatment for our children under the EPSDT provision of Medicaid, and return to us, custody of our children. This is a case that has been won in mulitple other states and is slated to be a landmark case here.
We are represented by class action law firm, Collins Law, in Naperville, IL. Of consult is Professor Mark Heyrman, UIC Clinical Law Professor, who is the major mental health influence in our state.
Since June, I have been working with a large group of people, which includes county mental health board presidents, IL mental health stakeholders, state departments, and senatorial staff. In our state, the only kids that get residential are the ones who have drug/alcohol problems. Kids with mental health issues alone, are subject to the ICG grant, which awards residential to 6%-18% of applicants. The rest can sue the school district, or request help from another state dept, CRSA. However few people know it exists and they will not accept cases when another state dept. has taken responsibility. For those forced into relinquishment, the process is futile.
In June, HFS agreed to license RTCs as PRTFs so they can accept Medicaid. Chaddock, where our son Dan resides, is one seeking to be licensed this way. One week later, another family was forced to relinquish, and another may relinquish in October. The other parent relinquished in the spring. She has two adoptive sons. The states attorney is threatening to terminate her parental rights. He does not think that a single parent can manage a boy with schizophrenia and bipolar. Currently she visits her son twice weekly.
A few weeks ago, I met with Michael Gelder from our Governor's office. While he and HFS Director were mortified at what is happening to us, HFS continues to move at a snail's pace. First meeting, they agreed to license the RTCs as PRTF. Second meeting, they are talking a year or so to make it happen, and acknowledged that they have talked about it for 10 years and done nothing. Simultaneously, Michael Gelder agreed to ask Governor Quinn for an Executive Order for an official task force to resolve this issue.
I'd like to ask for support and encouragement from all of you. Many of our allies and support systems have deserted us as a result of taking this step. I have been a little "email lonely" this weekend, but it gave me time to redirect and refocus.
I have no idea what is going to happen moving forward. I only know that my son deserves treatment and his parents.
I received two emails regarding an Oprah show on this topic last week. One from Darcy Gruttadaro, senior attorney from the National Alliance for the Mentally Ill, and one from Mental Health America in Virginia. I don't know who they will select to be on the show. This is a risky venture as it places families in a vulnerable situation subject to be under attack by those who are unfamiliar with the seriousness of this situation. We can all pray that whoever is selected will focus on the issues and approach it in a sensitive and knowledgeable manner.
I'll keep you all posted. Jim, me, and the rest of the kids appreciate your support.
Toni Hoy"
Showing posts with label Return Child. Show all posts
Showing posts with label Return Child. Show all posts
Sunday, September 19, 2010
Thursday, December 24, 2009
Parents Want to Return Adopted Child
It’s a shocking story: Tony and Melissa Wescott of Oklahoma want to change the laws to allow them to return their adopted child. The boy was unnamed in the article, but let’s call him “John”.
John, an 11-year-old, has been diagnosed with several severe mental health issues and this family is living in fear of him. They’ve found several knives under his mattress and he had set a trash can in his room on fire.
John had been in foster care, and when they adopted their son, documents disclosed by law from the Department of Human Services indicated that the boy "has no difficulty with attachments and he knows right from wrong .... He does not demonstrate any significant behavioral problems which would be considered abnormal for a child his age.
"(The child) has not received counseling services and these services have not been indicated as a need for him at this time. (The child) is developmentally appropriate."
"We were told he was a normal boy who would have the normal adjustment issues any child in foster care would have," Melissa Wescott said. "We have been his biggest advocates and strongest fighters. But we are scared of him, and that hurts us."
Problems arose shortly after the adoption. Doctors diagnosed John with reactive detachment disorder, disruptive behavior disorder, major depressive disorder, post traumatic stress disorder and fetal alcohol syndrome.
The Westcotts sent him to a psychiatric hospital and he is to be released next month, but the family wants him to be returned to the Department of Human Services so John can get additional help. This family cannot afford the kind of help John needs.
The family joined a group that is lobbying the state to allow adoptive parents to return custody of foster children to the state in special circumstances. Advocates say adoptive parents should not be punished if children have major disabilities that were not known or disclosed prior to adoption.
The North American Council on Adoptable Children (NACAC) indicates that when one adopts from the public foster care system, kids can have “…a multitude of significant, lifelong problems including: reactive attachment disorder, fetal alcohol syndrome and/or effect, learning disabilities, sexual aggression, and mental health diagnoses. Most adoptions are successful; however research shows that three to ten percent of all older child adoptions will end in dissolution.”
Sometimes it’s in the child’s best interests to be removed from the home and provided with residential treatment or therapeutic foster care, and there are times that one must have a legal dissolution of the adoption placement.
People who adopt via the foster care system depend on honest and accurate reports from the Department of Human Services, and when the DHS does not provide an accurate picture, they should be held responsible.
That’s the story, and here’s my input.
I’m an adoptive mom and have been in touch with a lot of people over the years and asked about this topic. When I was writing my book, several people contacted me about various issues they were facing and I did a lot of research. Many adopted kids seem to adjust well and not have major issues, but some have some very deep problems that can’t be predicted.
Our adoption was from birth and our son only knew our home and our family. Whatever happened after that, well, it’s our responsibility. People who adopt assume certain risks. When you adopt, you have to take the birthmother’s word for it that she did not drink, do drugs or engage in other dangerous behavior while pregnant. You hope the birthmother is honest about her medical history and, if you’re lucky, you learn the birthfather’s medical history, too.
Two families have been in touch with me regarding their adoptions. One family has two children adopted at birth from different birthmothers. The older child has some minor issues, but the younger one is already a danger and he is 6 years old. He has extreme tantrums and has tried to harm each member of the family. The parents have hidden whatever they feel may be dangerous and locked up kitchen knives. They lock him in his room at night and lock their own doors against him so they can sleep, but they worry about what may happen if there’s a fire or other hazard. They’re living in fear of this child and the last few years have included visits to all kinds of experts to diagnose and treat him.
The second family has a 12-year-old son who was adopted at 8 from the foster care system and another child who was 2 when adopted, is 10 now. They turned to this option as it seemed a financially viable way to build a family and they are good-hearted people. The younger child has needed a lot of therapy but seems to be on a good path, but the 12-year-old may be returned to the state. Like the family in the story, this family was told the boy had some issues but treatment would help him. They later discovered that both parents were addicted to drugs and alcohol; he’d been placed in 12 homes in a 4 year period and had already been through 2 failed adoptions. The past 4 years have been a nightmare for this family. He has threatened them and pulled knives on them - when they locked up the knives he used forks. Almost anything can be a weapon, and they are more fearful the older he gets and the bigger he becomes. They are terrified of him and living with fear and regret. This is destroying their family. Isn’t the DHS responsible for this mess by intentionally withholding information that would have altered the decision to adopt?
What is your opinion?
John, an 11-year-old, has been diagnosed with several severe mental health issues and this family is living in fear of him. They’ve found several knives under his mattress and he had set a trash can in his room on fire.
John had been in foster care, and when they adopted their son, documents disclosed by law from the Department of Human Services indicated that the boy "has no difficulty with attachments and he knows right from wrong .... He does not demonstrate any significant behavioral problems which would be considered abnormal for a child his age.
"(The child) has not received counseling services and these services have not been indicated as a need for him at this time. (The child) is developmentally appropriate."
"We were told he was a normal boy who would have the normal adjustment issues any child in foster care would have," Melissa Wescott said. "We have been his biggest advocates and strongest fighters. But we are scared of him, and that hurts us."
Problems arose shortly after the adoption. Doctors diagnosed John with reactive detachment disorder, disruptive behavior disorder, major depressive disorder, post traumatic stress disorder and fetal alcohol syndrome.
The Westcotts sent him to a psychiatric hospital and he is to be released next month, but the family wants him to be returned to the Department of Human Services so John can get additional help. This family cannot afford the kind of help John needs.
The family joined a group that is lobbying the state to allow adoptive parents to return custody of foster children to the state in special circumstances. Advocates say adoptive parents should not be punished if children have major disabilities that were not known or disclosed prior to adoption.
The North American Council on Adoptable Children (NACAC) indicates that when one adopts from the public foster care system, kids can have “…a multitude of significant, lifelong problems including: reactive attachment disorder, fetal alcohol syndrome and/or effect, learning disabilities, sexual aggression, and mental health diagnoses. Most adoptions are successful; however research shows that three to ten percent of all older child adoptions will end in dissolution.”
Sometimes it’s in the child’s best interests to be removed from the home and provided with residential treatment or therapeutic foster care, and there are times that one must have a legal dissolution of the adoption placement.
People who adopt via the foster care system depend on honest and accurate reports from the Department of Human Services, and when the DHS does not provide an accurate picture, they should be held responsible.
That’s the story, and here’s my input.
I’m an adoptive mom and have been in touch with a lot of people over the years and asked about this topic. When I was writing my book, several people contacted me about various issues they were facing and I did a lot of research. Many adopted kids seem to adjust well and not have major issues, but some have some very deep problems that can’t be predicted.
Our adoption was from birth and our son only knew our home and our family. Whatever happened after that, well, it’s our responsibility. People who adopt assume certain risks. When you adopt, you have to take the birthmother’s word for it that she did not drink, do drugs or engage in other dangerous behavior while pregnant. You hope the birthmother is honest about her medical history and, if you’re lucky, you learn the birthfather’s medical history, too.
Two families have been in touch with me regarding their adoptions. One family has two children adopted at birth from different birthmothers. The older child has some minor issues, but the younger one is already a danger and he is 6 years old. He has extreme tantrums and has tried to harm each member of the family. The parents have hidden whatever they feel may be dangerous and locked up kitchen knives. They lock him in his room at night and lock their own doors against him so they can sleep, but they worry about what may happen if there’s a fire or other hazard. They’re living in fear of this child and the last few years have included visits to all kinds of experts to diagnose and treat him.
The second family has a 12-year-old son who was adopted at 8 from the foster care system and another child who was 2 when adopted, is 10 now. They turned to this option as it seemed a financially viable way to build a family and they are good-hearted people. The younger child has needed a lot of therapy but seems to be on a good path, but the 12-year-old may be returned to the state. Like the family in the story, this family was told the boy had some issues but treatment would help him. They later discovered that both parents were addicted to drugs and alcohol; he’d been placed in 12 homes in a 4 year period and had already been through 2 failed adoptions. The past 4 years have been a nightmare for this family. He has threatened them and pulled knives on them - when they locked up the knives he used forks. Almost anything can be a weapon, and they are more fearful the older he gets and the bigger he becomes. They are terrified of him and living with fear and regret. This is destroying their family. Isn’t the DHS responsible for this mess by intentionally withholding information that would have altered the decision to adopt?
What is your opinion?
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