Not sure who annoys me more: Mercury Liggins or her lawyer

Photograph of Mercury Liggins

www.prisonpotpurri.com

Texas foster mother Mercury Liggins excelled in home studies, and was allowed to adopt not one, but seven children.

And she continued to collect $3,584 a month for their care during the ten months after she had abandoned them in Nigeria.

The children were found living in a Nigerian orphanage, by a Texas missionary. He first suspected they were from America when he saw them playing 'Go Fish.' His suspicions were confirmed after hearing them sing 'The Star Spangled Banner.

By the time the children were discovered, they were suffering from malnutrition, malaria and typhoid. Three children were too sick to walk.

Defense attorney Michael Delaney, tried to paint Mercury out to be the victim, and blamed the situation on her brother-in-law, who lived in Nigeria. "She trusted the wrong person. She feels badly for her kids."

Did Mercury feel badly when she physically abused the children in her care? Prior to her abandoning the children, child welfare officials investigated five complaints of abuse, between 1997 and 2003.

At the time, the children kept silent because Mercury had threatened them. After being returned from the Nigerian orphanage, the children reported that Mercury struck them with a black belt and an extension cord nicknamed the 'persuader.' Mercury also had repeatedly threatened to send them to Africa.

When Mercury was ordered by State District Judge Sherry Van Pelt to repay the money she had received for the children's care, her lawyer complained that, "It's a lot of money for someone who is disabled and jobless at this point."

Too bad Mercury didn't put some of that money in a mutual fund. $512 per month for each child might have added up to create a nice nest egg for her.

Before adopting the seven children left in an orphanage in Nigeria, Mercury also adopted two other children from a man she was married to from 1979 to 1990. She also has two children of her own, who reside with her ex-husband. A relative reported that Mercury treated her biological children well, but was miserly toward her adopted children.

Richard Laballo, a laywer at Advocacy Inc., has suggested that the inspector general take a closer look at 'collector families' who adopt large numbers of hard-to-place children and receive financial subsidies.

For a recent update on this story, please visit this link: http://www.mysanantonio.com/news/metro/stories/MYSA010807.01A.brandy_talks.3003d6d.html

Sources:

Adoptive mother says another relative deserted her kids. Louisiana Weekly. August 23, 2004.

American children abandoned in Africa, forced to beg for food. Louisiana Weekly, August 23, 2004.

Hughes, Polly and Melanie Markley. Latest crack in faulty system: Nigeria case furthers scrutiny of child services. Houston Chronicle, 2004.

Langford, Terri. 'Y'all are going to Nigeria.' Houston Chronicle, January 7, 2007.

Report: Abandoned children suffered abuse. Nigeria Daily News, August 22, 2004.

More on Overmedicating Texas Foster Children

Kudos to Judge Carole Clarke

In September of this year, Carole Clark, a Texas family court judge, convened a group of almost 100 child care professionals to conduct an overview of the foster care system in East Texas.

Judge Clark did this to address a myriad of concerns...
- 19,000 children are in the Texas foster care system at any given time.
- 32,500 children passed through the system last year.

- Over the past three years, the number of foster parents in East Texas has decreased by 20%.
- Meanwhile, there has been an increased number of children entering the foster care system, due to family members being hooked on methamphetamine.

- Caseloads are twice as high as they were in 1998, when former Gov. George W. Bush declared the Texas foster care system "in crisis."
- Jobless couples have been taking in as many as 6-8 emotionally disturbed foster children as their primary form of income

After reviewing the current situation in depth, several suggestions were made:

1.) Instituting a cap on foster family size. Texas has four levels of reimbursement for foster care, and payments increase according to the severity of physical or behavioral problems. Right now, foster families can take in up to six "moderately" disturbed children -- and Judge Clark wants to decrease that number to four or fewer.

2.) Stop moving children once they improve: The state's financial incentive is to move foster children who have improved their behavior to homes licensed for less troubled youth. This practice does not benefit the foster child -- rather, it actually encourages the child not to improve, because to do so means another loss of stability.

3.) Shorten the chain of command. Let local CPS workers call the shots about what happens to children. Give the people in the trenches the authority to make decisions.

4.) Stop separating siblings. Panel members realized that for children who have been separated from their parents, siblings often represent the only "family" that they have...

5.) Revisit the idea of group homes. The least popular suggestion that Judge Clark made was for the state to consider creating permanent residential facilities, which might offer more stability than frequent moves between foster homes.

Her idea is for these facilities to be staffed by both hourly shift workers and live-in foster parents.

Why was this suggestion so unpopular?
In philosophies and other schools of thought, people often adhere unquestioningly to one viewpoint, then reject it and, in a knee-jerk reaction, take the polar opposite view.

Over the years, there has been a pendulum swing regarding public opinion towards group homes is concerned.

When I was in foster care in the 1980's, I lived in group homes, due to the shortage of available foster homes and the lack of foster parents who were willing to take in older children. I lived in residential facilities from ages 12 to 16, when I started college.

Group homes weren't perfect. I just wonder at the fact that, rather than trying to fix those problems, many people have rejected group homes altogether.

I think that we have thrown out the baby with the bathwater by trading poorly screened staff at group homes for overloaded caseworkers and poorly screened foster parents.

A teenager residing in a well-run group home for several years with stable staff could build a base of emotional stability. According to the 70 Developmental Assets for youth, teens and tweens need at least one stable adult in their lives that they can rely on.

Why not try it?
I think Smith County should create some group homes for teenagers, and staff them with well-trained professionals. Group home staff should be carefully screened and supervised. Foster care alumni insights should be sought about many issues.

Sometimes considering creative solutions can constitute a risk in losing popularity. It is a worthwhile risk, and I am glad that Judge Clark is taking it.

Source:
Garrett, Robert. Judge sees crisis in foster care; Her panel suggests group homes, more control for CPS workers. Dallas Morning News, Oct. 16, 2006.

One-stop-shopping for emancipated foster youth

Everyone has their favorite landmark in Texas. What's yours? Big Bend National Park? The Alamo?

After attending the fourth annual "It's My Life" conference, my favorite place in Texas is now the Houston Alumni and Youth (H.A.Y.) Center.

The H.A.Y. Center provides one-stop-shopping for foster youth and alumni, between the ages of 16 to 21.

Services include:
- Mentoring and counseling services, including drug/alcohol abuse counseling
- GED / college preparation courses
- Assistance locating housing
- Advanced job placement training
- A computer lab, mailboxes, voice mail and email

The one-stop-shopping approach is so important. It eliminates gaps in services. It doesn't force people in and from foster care to traverse from one place to another in order to get the help that they need.

In Ohio, where I live, there are 88 counties, each with differing services. One of my first projects for the Foster Care Alumni of America pilot chapter will be to lay the groundwork for a statewide yellow pages, so at least we will know where resources are located and where the gaps in services are for people in and from foster care... I am hoping that FirstLink will agree to partner with us on this effort.

The H.A.Y. Center offers leadership opportunities for foster youth and alumni.
I first met Victor, Xavier and Gabbie at the airport. We were preparing to board a plane, en route from Houston to Seattle. We were on our way to attend the 2006 "It's My Life" conference.

I wish you could have been there to attend H.A.Y. Center's workshop, and to hear the voices of foster care alumni:

Imagine meeting a talented young man named Victor. He once was homeless -- but he is now a talented photographer, constantly honing his skills. Not only has he pulled his own life together, but he is dedicated to helping others.

Meet Xavier, future filmmaker. Hear him share what attracts him to the medium of film. Watch a "short" that he has created. When Xavier shares his experiences from foster care in his films, his approach will be subtle, but his message will resonate.

And, allow me to introduce you to Gabbie. She is gentle, approachable and fun. She grew up in foster care, and now her goal is to make the path easier for others. As such, she is now a Youth Specialist with the Texas Department of Family and Protective Services.

Gabbie is quick to dismiss herself in the light of Victor and Xavier's artistic talents -- but Gabbie's gifts are interpersonal. She has the type of warm and accepting personality that if I ever had a problem, I would feel comfortable sharing it with her.

I plan to post pictures of the three of them soon...

I'd like to extend my thanks to wonderful people like Pamela Walker, Assistant Director of the H.A.Y. Center. It took work to set up collaborations with Harris County Youth Services, Texas Apartment Locators, the Texas Work Commission, DePelchin Children's Center, and so many others in order to make this endeavor a success.

It takes patience and diligence both to establish this kind of center, and to follow-through with everyday operations.

And it takes a certain degree of humility to facilitate alumni and youth leadership in workshops and discussions... taking a step back from being in the limelight, and focusing your efforts to make foster youth and alumni shine!

Kudos to the H.A.Y. Center, my favorite Texas landmark. For more information, please visit: http://www.reg6palhouston.org/

Drugging Foster Children

If I hadn't read these articles, I (a former foster child) would have thought that drugging foster children was an urban legend.

It is the stuff of a science fiction novel:
-States such as Texas, Florida and Minnesota discover an alarming number of foster youth on behavior-altering drugs.

-California state regulations provide financial incentive for group home staff to request and administer psychotropic drugs to children in their care -- because rates are based on mental-health treatment services per child.

-A seventeen-year old foster child in California is threatened that if she doesn't take the drugs she was prescribed, she will not receive transitional housing.

Unfortunately, all these things are happening - and it is time for them to stop.

Medicating wounds, rather than healing them
Medications have their place in helping members of society. But foster youth who experience grief, fear and sadness are simply displaying normal reactions to their living situations.

Consider this scenario:
Girl's mother dies - Girl feels sad - Staff recommends Zoloft - Group home receives more money.

What's wrong with this picture? It creates a system that is ripe for abuse.

In Texas, 12,000 foster youth received psychotropic drugs in 2004. Each child averaged 21 psychotropic drug prescriptions a year.

In Massachusetts, two-thirds of 17-year-old foster children have recieved inpatient or outpatient medical treatment (as opposed to only 37% in Illinois, Iowa and Wisconsin). State Representative Marie Parente believes that state reimbursement checks from the federal government might be a financial incentive to misdiagnose and overmedicate foster children.

In California, the use of drugs remains unchecked and unregulated. The California Psychiatric Assocation blocked the passing of a 2004 bill by then-Senator Mountjoy to analyze the administration of drugs to children in foster care.

Judges approving dosages
According to the California rules of court, Rule 1432.5: "Once a child is declared a dependent child of the court and is removed from the custody of parents or guardian, only a juvenile court judicial officer is authorized to make orders regarding the administration of psychotropic medicine to the child."

Is the judge now considered a medical expert? Does he or she even meet the child in question? Often, all that judge has to go by are the reports handed in by social workers and group home staff.

In 1999, when Governor Gray Davis gave final approval to the law requiring judges to sign off on medication requests, many juvenile judges said that they didn't know much about medications, nor the doctors prescribing them.

One judge reported that he simply trusted that the 'doctor knows best.' While Los Angeles Juvenile Court had the funding to screen requests through the county's medical health unit, other judges lacked the money for such a review.

Also, according to California rules of court: "In emergency situations, psychotropic medications may be administered to a dependent with or without court authorization..."

This is both disturbing and vague.

What constitutes an emergency situation? Is it only that the child is sad, and the group home will recieve more money? California group homes receive anywhere between $2000 and $6000 per foster youth, depending on what medications they are on, according to Jennifer Rodriguez, legal representative for the California Youth Connection.

Foster youth are not informed of their right to refuse medication. Foster youth reported being punished for refusal by losing privilges and threatened that they will be evicted from the group home.

Risks of overmedicating
Attorney Andrea Moore, of Florida, is currently representing several children who began lactating after taking antipsychotics .

One of her clients is also a twelve-year-old whose heart condition was exacerbated by the Geodon she had been prescribed. According to Moore, the doctor who prescribed Geodon did not even have the child's medical history. The drug's label clearly states that patients with heart problems shouldn't take it.

Actions being taken in California:
-Assembly members Noreeen Evans and Karen Bass, both members of the Select Committee on Foster Care, have requested a public hearing in August, focusing on medication, foster care and the lack of communication (and accountability).

-Attorney General Bill Lockyer is investigating the amount of tax dollars being spent to overmedicate foster youth.

-State Comptroller Steve Westly has called upon Governor Schwartznegger to take immediate action on this issue "in order to ensure that no one profits by forcing kids to take mind-altering drugs."

Nationwide concern
Paul Vincent, of the Child Welfare and Policy Group, believes that the number of foster children being prescribed antipsychotics has risen over the past few years.

Children as young as four-years-old are being prescribed antipsychotics. And, who is doing the prescribing? Vincent says, "They aren't even psychiatrists or counselors. I have considerable worry over the accuracy of these diagnoses."

According to USA Today:
-There was a 77% increase in Med-Cal prescription claims in California between 2001-2005.

-Illinois had a 39% increase betwen 2003-2005.

-In Florida, the number of Medicaid children taking antidepressants jumped from 9,500 to 17, 000 over the past five years.

Sources:
For foster kids, oversight of prescriptions is scarce. USA TODAY. McLean, Va.:May 2, 2006. p. D2

Hayasaki, Erika. Teens speak out about foster care; Thirty young people attend a summit at Occidental College to tell policymakers about problems they face and suggest some solutions. Los Angeles Times Los Angeles, Calif.:Jun 6, 2006. p. B2

To our children's defense. San Francisco Chronicle San Francisco, Calif.:Jun 14, 2006. p. B8

Vascellero, Jessica. Prevalence of drugs for DSS wards questioned. Boston Globe Boston, Mass.:Aug 9, 2004. p. B1

Weber, Tracy. California and the west: Foster children on medication get protections; Health: Davis signs measure to prevent youths in state care from getting improper or unmonitored doses of psychiatric drugs. Los Angeles Times Los Angeles, Calif.:Sep 30, 1999. p. 3

Texas Foster Care System

Ongoing investigations into the Texas foster care system
Comptroller Carole Keeton Strayhorn's current allegations should not come as a surprise to Texas officials.

What is surprising is that she is still being stonewalled and her efforts are still being resisted after three years.

Comptroller Strayhorn and her staff have been investigating the Texas foster care system and publishing their negative findings since 2003.

In 2004, due to deficient services and inadequate oversight, a complete overhaul of the Texas foster care system was recommended by Strayhorn.

At that time, Strayhorn called for accountability:

1.) Accountability for service providers: Strayhorn recommended that direct services be outsourced, and that DPRS conduct unannounced site visits and financial audits.

Direct services providers would be assessed based on:
- Safety
- Placement stability
- Maintenance of familial connections
- Shorter stays in foster care.

2.) Financial accountability: Money was to be directed toward funding programs for foster youth.

3.) Accountability for facilities: If a facility compromised the health and safety of foster youth through noncompliance to standards, their license was to be revoked.

4.) Accountability for DPRS*: (which is now DFPS)
- Caseworker visits were to be thoroughly documented.
- Comprehensive background checks were to be conducted.
- Complaints were to be thoroughly reviewed.
- Minimal number of foster placements.
- Children were not be placed with peers who had a history of violent crimes and /or juvenile sexual predators.
- A crisis management team was to be created, in order to decrease the number of child fatalities in foster care.

*Texas Department of Protective and Regulatory Services is now Texas Department of Family and Protective Services.

Let's Not Forget Medical Accountability

Comptroller Strayhorn's 2004 investigation uncovered that:
- 60% of children in the Texas foster care system were being given psychotropic drugs that were not been approved for children.

- Physicians had prescribed mind-altering drugs to children as young as three years old.

- Two Texas doctors who weren't psychiatrists were prescribing mental health medications to foster children.

- It was not uncommon for some foster children to have up to 14 different prescriptions.

- Many of these drugs were labeled "not for use by children," and listed as having serious side effects such as diabetes, cardiac arrhythmia, suicidal tendencies.

In 2004, as is currently happening in 2006, Texas health officials cited "privacy concerns" and patient confidentiality as reasons for their reluctance to share information.

Sources:
Garrett, Robert. Drug fraud alleged in foster care: Strayhorn believes kids are getting unnecessary psychiatric medication. Dallas Morning News, November 12, 2004.

Hughes, Polly Rose. Strayhorn will probe drug use on children: Comptroller asks for medical data on children in foster care. Houston Chronicle, Austin Bureau, Novemver 12, 2004.

Lilliedoll, Wendy. Texas Comproller says state foster care in crisis; "appalled" by conditions; called for "massive overhaul." Youth Law News, April-June 2004.
http://www.youthlaw.org/publications/yln/2004/april_june_2004/texas_comptroller_says_state_foster_care_in_crisis/

Death Rate in Foster Care

Is a child is four times more likely to die in the Texas foster care system than outside it?

Yes, according to Comptroller Carole Keeton Strayhorn, when she released data last Friday on foster care deaths, poisonings, rapes and pregnancies, saying, "Many children are in more abusive situations now than they were before the state intervened."

-Between 2003 and 2005, the number of children in foster care increased 24%.

-Meanwhile, the number of deaths in foster care between 2003-2005 increased 60%. According to the Texas Department of Family and Protective Services, 30 children died in foster care in 2003, 38 in 2004 and 48 children died in foster care in 2005.

Strayhorn alleged that the Health and Human Services Commission and the governor tried to block her attempts to gather more information about children in foster care.

Strayhorn began her investigation in 2004 after releasing a report on the foster care system called "Forgotten Children." It was at that time that she noticed that an alarming number of poisonings, rapes and pregnancies were taking place within the Texas foster care system.

In 2004:
- 100 Texas foster children were treated for poisoning due to medications they had received while in foster care.
- 63 Texas foster children received medical treatment because of rape occurring within the foster care system.
- 142 Texas foster children gave birth while in foster care.

Death in foster care:
- Two young men died at the Star Ranch residential treatment facility near Kerrville.
- A 12-year-old died last December after being restrained by a staffer
- A foster child drowned in a creek during a May outing.

"The state is supposed to be protecting our forgotten children, but in all too many cases these children are taken from one abusive situation and placed in another abusive situation," said Strayhorn.

Representatives from the Citizens Commission on Human Rights Texas, Justice for Children and Judicial Watch are calling on the Texas Health and Human Services Commission to release additional foster care data.

Sources
-Hughes, Polly Ross. Comptroller reports foster care abuse; Data show deaths increasing but agency calls comparison unfair. Houston Chronicle, Houston, TX, June 24, 2006: pg. 1.

-MacLaggan, Corrie. Strayhorn: Foster care in crisis. Auston American Statesman, Austin TX: June 24, 2006: p. B1.

-Moritz, John. Strayhorn seeks changes in foster care. Star Telegram Austin Bureau.