Mental Health  (return to Issue Areas)

Reflections of a Former Foster Children

Karina’s Comments

“Karina”, a former foster youth in Florida, submitted the following comments to the Florida Supreme Court in 2002 on proposed Florida Rule of Juvenile Procedure 8.350 governing the commitment of dependent children to psychiatric facilities: 
  

“I was placed in several treatment facilities over the years I was in foster care. DCF sent me to my first treatment facility when I was six years old, after I was abused in my foster home.  I did not have a lawyer, and I did not have a guardian ad litem.  Later, DCF sent me to a locked facility in another county.  I was kept there for three years.  While I was there I was abused by a supervisor in the facility.  When I reported him, other staff members accused me of lying and put me in the “quiet room”. …  They would tell me that if I didn’t stop talking about people abusing me, they would keep me there.  One time I was kept there for three or four days.  After my time in the quiet room, I would be confined to my room, sometimes for weeks.  If I protested, I would be spread apart like an “X” in four restraints.  Sometimes they would take off my clothes.  They said it was to prevent me from choking myself, but I was never at risk for that. … I was not the only one abused or treated like this.  I knew of several other children who were abused by staff at the facility, but we were not allowed to call the Abuse Hotline.  When DCF finally took me out of this facility, DCF brought me back to Miami-Dade County and put me into another treatment facility.  There I was abused even more.  My last facility sometimes overmedicated me and other children, but at this new facility I was turned into a walking zombie by all the psychotropic drugs they made me take
   

"I wish I would have had a lawyer during all the years I was kept in locked facilities.  I think it would have made a big difference.  I don’t think that I would have been abused like I was if I would have had a lawyer.  I don’t think I would have even been in locked facilities as long as I was if I would have had a lawyer.  If I hadn’t finally gotten a lawyer, DCF would have kept me in a locked facility until I turned 18, and I never would have learned to live outside of a facility. . . . I think it’s very important for every foster child in a facility to have a lawyer.  If a child doesn’t have a lawyer, there’s no one to stand up for what the child wants.  This makes a child lose hope, which is how I felt for a long time.”

Caged

I’m a child in a cage,
locked in a mental hospital for being underage
and not being on DCF’s “page”,
I’m the property of the state
and of workers earning minimum wage,
I’m restrained and tranquilized
like an animal on a stage,
I’m shut-up and shut-away
but I’m not allowed to feel rage,
I’m just a child in foster care
growing up in a cage.
                                         --- Anna, Age 16


   
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Legislation

October 2004 - Guardian Ad Litem The Voice for Florida's Abused and Neglected Children 2004 Progress Report  - This first report of the Statewide Office of the Guardian ad Litem details the status of representation of children in dependency proceedings and makes recommendations to meet the statutory obligations of 100% representation of these children.  

SB 3044 - Campbell; Relating to the Care/Treatment of Dependent Children;

Died in Committee on Children and Families.  provides that CFS Dept. may conduct health screening on any child who is removed from his or her  home; requires court to conduct psychotropic medication review of each child to determine medical status of child; requires dept. to prepare & maintain comprehensive, accurate, & updated health & education records, to be known as "child resource records," for each child.
    


   
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Litigation

In Re Amendment to the Rules of Juvenile Procedure, Fla. R. Juv. P. 8.350, 842 So. 2d 763 (Fla. 2003)  Required that the Juvenile Court Rule Committee to submit procedures to the court that should include “a hearing in which the child has a meaningful opportunity to be heard.”

Dep’t of Children & Families v. L. S. , C. S., J. S. , R. S., 781 So. 2d 543 (Fla. 1st DCA 2001) The Court can make orders about the type of placement and services a child should have but cannot order a specific service or placement.

M. W. v. Davis, 756 So.2d 90 (Fla. 2000) Court approval is necessary before mental health treatment may be provided to a dependent child.

M E. v. Bush, Case No. 90-1008-CIV-MOORE (S. D. Fla., filed April 1990 and settled September 17, 2001), a federal court challenge to the failure of the State of Florida to provide mental health services to children in state custody, both dependents and delinquents.
    
    


   
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Reports

Click here for Reports

FCF's Children's Mental Health Overview and Recommendations


     
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Resources

Foster Youth Proposals to improve Mental Health Services: The Consumer’s Perspective June 2000.  The Mental Health discussion groups was a 10-month project of the California Youth Connection funded through a contract with the Solano County Department of Health  and Social Services, Mental Health Services Division.  The primary objective of this project was to conduct a series of discussion groups exploring the relationship between the mental health system and youth in the foster care system.  The focus of these conversations was to discern what aspects of foster youths interactions with the mental health system were useful, helpful, want could be used around the state, and what might be improved upon.  Almost 70 youth, compromised of both current and emancipated foster youth, ages 15 to 22 participated in the discussion group.

Transition to Adulthood: A Resource for Assisting Young People with Emotional or Behavioral Difficulties (Systems of Care for Children's Mental Health Series) by Hewitt B. Clark.

I’M NOT CRAZY!:  A teen Guide to Getting Help and Mental Health Terms.  This booklet was written the teen and adult staff at Youth Communication.  It is an informative, reassuring, and affirming guide for teens about how to get help from the mental health system.

Mental Health Medications Used for Adolescents  This publication is provided by the American Bar Association, Juvenile Justice Center.  The medications noted are among those most commonly used to treat mental health disorders in children and adolescents. Though not intended to be a comprehensive guide or to replace the advice of a doctor, this information may prove useful to juvenile defenders seeking to understand the purposes and possible consequences of their clients’ prescriptions.

Diagnostic and Statistical Manual of Mental Disorders DSM-IV-TR (Text Revision)  Every advocate should have access to the DSM-IV published by the American Psychiatric Association.  Advocates for dependent and delinquent children frequently discuss the misdiagnosis of the children they represent, based on wrong information or even diagnostician’s biases.  The advocate must become comfortable with the professional literature and be willing to ask questions about a particular diagnosis.

Alliance for Human Research Protection (AHRP)  AHRP is a national network of lay people and professionals dedicated to advancing responsible and ethical medical research practices, to ensure that the human rights, dignity and welfare of human subjects are protected, and to minimize the risks associated with such endeavors.
  


    
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Statutes/Regulations

Federal

Title IV, Social Security Act
Medicaid Act

 Adoption and Safe Families Act
ASFA

 

State

Proceedings Related to Children
Chapter 39
Section 39.407

 MENTAL HEALTH
Chapter 394
Baker Act

 SUBSTANCE ABUSE SERVICES
Marchman Act
Chapter 397

Rules Of Juvenile Procedure 8.350

  


  
Trainings

To order an FCF publication please email FCF at fcf@floridaschildrenfirst.org.

Please include the name of the publication you wish to purchase along with your contact information.

 

Image - Report cover CD  $10.00, Hard Copy $30.00 (plus shipping)

The Florida Supreme Court adopted a new Rule of Juvenile Procedure, Rule 8.350, which governs the mental health commitment of dependent children and provides these children with due process protections.  Rule 8.350 requires the appointment of attorneys for dependent children when the Department of Children & Families seeks to involuntarily commit the children to psychiatric facilities.  In its opinion adopting Rule 8.350, the Florida Supreme Court expressed the need for “attorneys who are experienced and willing to represent dependent children.” 

The Florida Bar Public Interest Law Section and Florida’s Children First are committed to filling this need identified by the Florida Supreme Court by helping to recruit and train attorneys to represent children in proceedings under new Rule 8.350.  This CLE educates attorneys on the M.W. v. Davis case that led to the new rule, the rule’s procedural requirements, responsibilities of the child’s attorney under the rule, children's mental health diagnoses and needs, judicial perspectives, therapeutic jurisprudence considerations, and ethics.  The CLE will begin with an introduction by former foster youth and will conclude with a participatory mock Rule 8.350 hearing, with constructive critique by judges and attorneys as well as the youth.   Attend this CLE seminar to learn how to provide effective legal representation—for the children.   

Image - Cover for "Childrne's Mental Health Manual"CD $10.00, Hard Copy 27.00 (plus shipping)

This manual is a compilation materials gained from years of practice in the representation of children in state custody who need mental health services.  The materials are developed into two advocacy sections: one describes advocacy under federal law: the federal constitution, the adoption and Safe Families Act and the Medicaid Act.  The next section describes advocacy in juvenile court dependency and delinquency proceedings under state law.  Finally, the manual describes some model practices, identifies available resources and provides some tips on ethics. 
     

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