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Law Project for Psychiatric Rights v. State of Alaska Facing Foster Care in Alaska Retreat November 8, 2008 Anchorage, Alaska James B. (Jim) Gottstein,

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Presentation on theme: "Law Project for Psychiatric Rights v. State of Alaska Facing Foster Care in Alaska Retreat November 8, 2008 Anchorage, Alaska James B. (Jim) Gottstein,"— Presentation transcript:

1 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 Jim.Gottstein@PsychRights.org http://PsychRights.org/

2 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

3 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.

4 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

5 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

6 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

7 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

8 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.)

9 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

10 FFCA/PsychRights Collaboration? Educate PsychRights!! Potential Witnesses Find Potential Witnesses Research Educating Public (Media Relations) Activism? Other??

11 Carpe Diem (Seize the Day)


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