Shackles case prompts policy change
Published: Thursday, November 15, 2007
By Nancy Remsen
Burlington Free Press Staff Writer
An investigation into the use of shackles, deputies and a police cruiser to move a 7-year-old boy with mental illness between two hospitals led this week to a change in transport policy at Rutland Regional Medical Center.
Jill Jesso-White, spokeswoman for the medical center said that from now on, Rutland psychiatric patients -- adults and children -- who are being involuntarily committed to another hospital will travel in an ambulance under the least restrictive circumstances possible.
A deputy sheriff might accompany emergency medical personnel and the patient, Jesso-White said. "We don't plan on it being in shackles."
The change in policy comes after Vermont Protection and Advocacy Inc. criticized the hospital for placing a child in a cruiser wearing metal handcuffs for the 75-mile trip to The Retreat in Brattleboro without medical personnel. The incident occurred a year ago.
The child's grandmother and guardian, who persuaded law enforcement to let her ride along, complained to Vermont Protection and Advocacy, an organization charged with investigating allegations of abuse and neglect of people with disabilities. The organization issued its report to the public Wednesday but had already provided it to officials at Rutland Regional Medical Center.
"We took the matter very seriously," Jesso-White said. "We took it as an opportunity to review our practices."
In its report, Vermont Protection and Advocacy detailed how the boy, who has a history of mental illness that includes bipolar disorder and attention deficit and hyperactivity disorder, ended up in the emergency department of Rutland Regional Medical Center on two consecutive days after being disruptive at school. The second time, a Rutland police officer brought him to the hospital after he ran out of the school building, found a pipe and swung it at staff chasing him.
His grandmother agreed reluctantly to send him to The Retreat in Brattleboro for evaluation, never realizing he would travel in shackles.
Vermont Protection and Advocacy questioned whether the child needed a secure form of transportation for the trip because hospital records showed he was quiet for several hours before the departure.
More significantly, said A.J Rubin, VP&A's supervising attorney, it was illegal for the child to be sent in shackles with police but without medical personnel.
Lawmakers and mental health advocates began raising concerns four years ago about the mode of transportation being used to move acutely ill psychiatric patients. In 2004 the Legislature passed a law that directed "all reasonable and appropriate efforts" be made to use the least restrictive means possible. In 2006, the Legislature strengthened the law, saying, "It is the policy of the state of Vermont that mechanical restraints are not routinely used."
Still, a significant number of psychiatric patients -- including children -- have continued to be moved between hospitals in restraints in police cruisers because the patients are deemed dangers to themselves or others. The Vermont Protection and Advocacy investigation cited state data showing that half the 60 children sent to The Retreat in Brattleboro between September 2005 and January 2006 traveled in cruisers.
Only Southwestern Vermont Medical Center in Bennington has made it a practice to use ambulances rather than cruisers to move psychiatric patients.
In June, the HowardCenter and Washington County Mental Health Services expanded the options for patients in northwestern and central Vermont when they announced they would buy vans. The two agencies have trained staff who accompany patients in the vans or in ambulances. The new vans are equipped with comfortable seats, a selection of music and videos to reduce patients' stress.
Rep. Anne Donahue, R-Northfield, helped write the legislation that put restrictions on patient transportation. She became aware of the case involving the 7-year-old boy only Wednesday.
"After the Legislature speaking so clearly, how could anyone with a 7-year-old even think of doing it?" she asked. The law was strengthened in 2006, she said, because of the outrage that a 10-year-old autistic boy had been transported in shackles.
Contact Nancy Remsen at 651-4888 or nremsenb@bfp.burlingtonfreepress.com
Tuesday, December 4, 2007
Thursday, November 15, 2007
St. Lucie County bus aide accused of hitting student
PORT ST. LUCIE — An aide on a school bus primarily for special-needs children is facing a felony child abuse charge after allegedly hitting a 7-year-old boy, police said Friday.
Belinda "Gail" Daniels, 45, of the 1900 block of Avenue K in Fort Pierce, allegedly struck the special-needs child Sept. 12 on the ride to school, and police and school district officials ensured she "was no longer on a bus," Officer Cherie Lucas said.
PDF: Read the arrest report.
Lucas said video captured by cameras on the bus, which had about eight children on it at the time, played a key role in the case.
The victim, who was sitting down, reportedly dropped his bookbag and was bending down to reach it when Daniels picked it up from the seat behind him.
"Daniels yells at the victim, saying, 'Boy, what did you do? Get in that seat,' " Lucas wrote in a portion of a warrant application that summarizes the video. "
She then reaches into the seat where the victim was, and she 'swats' something in the seat, but you cannot actually see what her hand connects with."
Lucas said one witness reportedly saw Daniels' hand make contact with the victim.
"I believe in my mind that any reasonable person looking at that video would believe that the child was struck," Lucas said. "It substantiated everything that the original witness, the complainant, told me."
Daniels then yanked the victim up and "roughly" put him in the seat, Lucas said.
But Daniels told investigators she hit no one.
"I would never do anything to put my job in jeopardy," she is quoted as saying in a warrant application. "I am a Christian woman who reads my Bible and I listen to my gospel music."
St. Lucie County Schools Personnel Director Maurice Bonner said Daniels as of Friday is still a district employee. Bonner said the district is aware of the incident and is investigating the issue and won't comment until after the investigation is completed.
It took several days for police to determine the victim's identity, get statements from witnesses, question Daniels and consult with the state attorney's office. The victim wasn't injured and "had no knowledge of what happened," Lucas said.
Daniels was arrested in 1985 on a fraud charge and convicted, though an unemployment fraud charge brought against her in 1994 was dropped, according to Florida Department of Law Enforcement records.
Janice Karst, school district spokeswoman, said convicted felons aren't eligible for employment with the district, but those with misdemeanor convictions can be hired depending on what the misdemeanor was and if the applicant is forthcoming with the information. But if the charge relates to "moral turpitude" or is "anything that would negatively impact their being around students" or school operations, then they likely wouldn't be hired.
Daniels received generally high evaluations dating back to 2001, according to school district records.
A 2003 evaluation notes she's a "very compassionate and caring individual" and "goes above and beyond her duties to assist with difficult situations."
Daniels was released Friday afternoon from the St. Lucie County jail on $1,000 bail, a jail official said.
Staff writer Keona Gardner contributed to this report.
Belinda "Gail" Daniels, 45, of the 1900 block of Avenue K in Fort Pierce, allegedly struck the special-needs child Sept. 12 on the ride to school, and police and school district officials ensured she "was no longer on a bus," Officer Cherie Lucas said.
PDF: Read the arrest report.
Lucas said video captured by cameras on the bus, which had about eight children on it at the time, played a key role in the case.
The victim, who was sitting down, reportedly dropped his bookbag and was bending down to reach it when Daniels picked it up from the seat behind him.
"Daniels yells at the victim, saying, 'Boy, what did you do? Get in that seat,' " Lucas wrote in a portion of a warrant application that summarizes the video. "
She then reaches into the seat where the victim was, and she 'swats' something in the seat, but you cannot actually see what her hand connects with."
Lucas said one witness reportedly saw Daniels' hand make contact with the victim.
"I believe in my mind that any reasonable person looking at that video would believe that the child was struck," Lucas said. "It substantiated everything that the original witness, the complainant, told me."
Daniels then yanked the victim up and "roughly" put him in the seat, Lucas said.
But Daniels told investigators she hit no one.
"I would never do anything to put my job in jeopardy," she is quoted as saying in a warrant application. "I am a Christian woman who reads my Bible and I listen to my gospel music."
St. Lucie County Schools Personnel Director Maurice Bonner said Daniels as of Friday is still a district employee. Bonner said the district is aware of the incident and is investigating the issue and won't comment until after the investigation is completed.
It took several days for police to determine the victim's identity, get statements from witnesses, question Daniels and consult with the state attorney's office. The victim wasn't injured and "had no knowledge of what happened," Lucas said.
Daniels was arrested in 1985 on a fraud charge and convicted, though an unemployment fraud charge brought against her in 1994 was dropped, according to Florida Department of Law Enforcement records.
Janice Karst, school district spokeswoman, said convicted felons aren't eligible for employment with the district, but those with misdemeanor convictions can be hired depending on what the misdemeanor was and if the applicant is forthcoming with the information. But if the charge relates to "moral turpitude" or is "anything that would negatively impact their being around students" or school operations, then they likely wouldn't be hired.
Daniels received generally high evaluations dating back to 2001, according to school district records.
A 2003 evaluation notes she's a "very compassionate and caring individual" and "goes above and beyond her duties to assist with difficult situations."
Daniels was released Friday afternoon from the St. Lucie County jail on $1,000 bail, a jail official said.
Staff writer Keona Gardner contributed to this report.
Thursday, October 11, 2007
PRELIMINARY HEARING: Abuse recalled in court
Teacher hurt autistic kids, aide testifies
By K.C. HOWARD
REVIEW-JOURNAL
Oct. 11, 2007
Latasha Burse was working as a teacher's aide in a classroom of autistic students at Reed Elementary School in March when she heard a loud bang.
Burse testified in Justice Court on Wednesday that she turned around and saw the teacher, Mamie Hubbard-Washington, with her hand on the back of a 9-year-old autistic boy's neck.
Burse surmised that the teacher had just slammed the child's face onto the top of a table.
The boy, Matthew, was crying, which was uncharacteristic for him, Burse said.
Hubbard-Washington told the child to stop crying and left for lunch. Burse and another teacher's aide cleaned Matthew's mouth in the bathroom and took him to eat.
"His tooth was chipped, and his lip was bleeding," Burse said.
It was one of several suspicious injuries Matthew suffered in Hubbard-Washington's class that spring, prompting his mother to pull him out of the school before the end of the school year.
Hubbard-Washington, 64, is facing five felony charges of child abuse and neglect for injuries authorities allege she inflicted on her autistic students at Reed in 2006 and 2007. Wednesday was the second and final day of testimony in her preliminary hearing that will determine whether she will stand trial on the charges.
Burse and another teacher's aide testified Wednesday that they saw Hubbard-Washington hit, pinch, push and verbally abuse the children.
Parents testified on the first day of the hearing, Sept. 26, that after their children were placed in Hubbard-Washington's class, they started coming home with bruises on their hands, back or abdomen.
Because of their autism, many of the children do not speak.
Hubbard-Washington's attorney, Vince Consul, has said the allegations raised by the teacher's aides and parents aren't specific enough. They cannot, for instance, cite the dates on which much of the alleged abuse occurred.
Consul also said it can't be proven that the injuries occurred at the hands of Hubbard-Washington rather than on the playground or school bus.
Hubbard-Washington has denied the allegations, saying she has taught special education students since 1985 and had never been accused of abuse until now. The allegations are spurred by greed, she said, noting the parents are planning to file a lawsuit against the Clark County School District.
Aram Kouyoumdjian, an attorney representing the families, attended both days of the preliminary hearing. He said Wednesday that no suit had been filed.
Burse said she began to notice the teacher's abusive behavior a few months after Hubbard-Washington arrived at the school in January 2006.
She said she reported what she saw to her supervisor, Assistant Principal Randy Cheung.
Burse said it seemed as though the school's administrators were constantly investigating the teacher.
"The principal and assistant principal were in our room all the time," Burse said.
Cheung was set to testify for the defense Wednesday, but Justice of the Peace William Jansen advised him to speak with an attorney first because of potential civil litigation against the district.
The principal, Karen Bennett, previously testified that school officials initially had difficulties verifying some of the complaints raised by the aides and parents. After spending weeks investigating, school officials took the allegations to school district police on May 2. The district placed Hubbard-Washington on administrative leave on May 4.
Burse said Matthew was the first student she saw Hubbard-Washington go after. The teacher would hit Matthew "full force" with a yardstick "anywhere below the neck," Burse said.
She said she also saw Hubbard-Washington hit a student named Chris, who would often bang his head against his desk. Burse said Hubbard-Washington hit him on the head with a closed fist.
She recalled Hubbard-Washington telling the boy, "You better stop hitting your head or else I'll hit you."
On March 20, Burse said, Chris was cramming pizza into his mouth and Hubbard-Washington grabbed him by the back of the neck and "pushed his head into the trash can until he swallowed his food."
Burse also recalled Hubbard-Washington brushing the hair of the only girl in the classroom, a 7-year-old. But if the girl, Joanna, started to cry, Hubbard-Washington would strike her on the head with the brush, Burse said.
Another teacher's aide, Shari Pedrol-Little, testified that she left Hubbard-Washington's classroom in November 2006 after suffering a nervous breakdown.
She said Hubbard-Washington created a tense environment when she yelled at the children in the classroom, prompting them to act out.
In court, Pedrol-Little had to review her May statement to police to recall most of Hubbard-Washington's alleged abuses. The breakdown, she said, had affected her memory.
She said she witnessed Hubbard-Washington calling Joanna fat and at other times forcing food into her mouth.
She also recalled that Hubbard-Washington would hit Matthew with a yardstick and would strike the girl on the head with a brush "and tell her to shut up" if she began crying.
Jansen said he wants to review transcripts of the hearing before he listens to closing arguments and decides whether Hubbard-Washington will face the charges in District Court.
Consul and prosecutors Vicki Monroe and Noreen Nyikos are to argue the case before the judge on Oct. 31.
Contact reporter K.C. Howard at khoward@reviewjournal.com or (702) 380-1039.
By K.C. HOWARD
REVIEW-JOURNAL
Oct. 11, 2007
Latasha Burse was working as a teacher's aide in a classroom of autistic students at Reed Elementary School in March when she heard a loud bang.
Burse testified in Justice Court on Wednesday that she turned around and saw the teacher, Mamie Hubbard-Washington, with her hand on the back of a 9-year-old autistic boy's neck.
Burse surmised that the teacher had just slammed the child's face onto the top of a table.
The boy, Matthew, was crying, which was uncharacteristic for him, Burse said.
Hubbard-Washington told the child to stop crying and left for lunch. Burse and another teacher's aide cleaned Matthew's mouth in the bathroom and took him to eat.
"His tooth was chipped, and his lip was bleeding," Burse said.
It was one of several suspicious injuries Matthew suffered in Hubbard-Washington's class that spring, prompting his mother to pull him out of the school before the end of the school year.
Hubbard-Washington, 64, is facing five felony charges of child abuse and neglect for injuries authorities allege she inflicted on her autistic students at Reed in 2006 and 2007. Wednesday was the second and final day of testimony in her preliminary hearing that will determine whether she will stand trial on the charges.
Burse and another teacher's aide testified Wednesday that they saw Hubbard-Washington hit, pinch, push and verbally abuse the children.
Parents testified on the first day of the hearing, Sept. 26, that after their children were placed in Hubbard-Washington's class, they started coming home with bruises on their hands, back or abdomen.
Because of their autism, many of the children do not speak.
Hubbard-Washington's attorney, Vince Consul, has said the allegations raised by the teacher's aides and parents aren't specific enough. They cannot, for instance, cite the dates on which much of the alleged abuse occurred.
Consul also said it can't be proven that the injuries occurred at the hands of Hubbard-Washington rather than on the playground or school bus.
Hubbard-Washington has denied the allegations, saying she has taught special education students since 1985 and had never been accused of abuse until now. The allegations are spurred by greed, she said, noting the parents are planning to file a lawsuit against the Clark County School District.
Aram Kouyoumdjian, an attorney representing the families, attended both days of the preliminary hearing. He said Wednesday that no suit had been filed.
Burse said she began to notice the teacher's abusive behavior a few months after Hubbard-Washington arrived at the school in January 2006.
She said she reported what she saw to her supervisor, Assistant Principal Randy Cheung.
Burse said it seemed as though the school's administrators were constantly investigating the teacher.
"The principal and assistant principal were in our room all the time," Burse said.
Cheung was set to testify for the defense Wednesday, but Justice of the Peace William Jansen advised him to speak with an attorney first because of potential civil litigation against the district.
The principal, Karen Bennett, previously testified that school officials initially had difficulties verifying some of the complaints raised by the aides and parents. After spending weeks investigating, school officials took the allegations to school district police on May 2. The district placed Hubbard-Washington on administrative leave on May 4.
Burse said Matthew was the first student she saw Hubbard-Washington go after. The teacher would hit Matthew "full force" with a yardstick "anywhere below the neck," Burse said.
She said she also saw Hubbard-Washington hit a student named Chris, who would often bang his head against his desk. Burse said Hubbard-Washington hit him on the head with a closed fist.
She recalled Hubbard-Washington telling the boy, "You better stop hitting your head or else I'll hit you."
On March 20, Burse said, Chris was cramming pizza into his mouth and Hubbard-Washington grabbed him by the back of the neck and "pushed his head into the trash can until he swallowed his food."
Burse also recalled Hubbard-Washington brushing the hair of the only girl in the classroom, a 7-year-old. But if the girl, Joanna, started to cry, Hubbard-Washington would strike her on the head with the brush, Burse said.
Another teacher's aide, Shari Pedrol-Little, testified that she left Hubbard-Washington's classroom in November 2006 after suffering a nervous breakdown.
She said Hubbard-Washington created a tense environment when she yelled at the children in the classroom, prompting them to act out.
In court, Pedrol-Little had to review her May statement to police to recall most of Hubbard-Washington's alleged abuses. The breakdown, she said, had affected her memory.
She said she witnessed Hubbard-Washington calling Joanna fat and at other times forcing food into her mouth.
She also recalled that Hubbard-Washington would hit Matthew with a yardstick and would strike the girl on the head with a brush "and tell her to shut up" if she began crying.
Jansen said he wants to review transcripts of the hearing before he listens to closing arguments and decides whether Hubbard-Washington will face the charges in District Court.
Consul and prosecutors Vicki Monroe and Noreen Nyikos are to argue the case before the judge on Oct. 31.
Contact reporter K.C. Howard at khoward@reviewjournal.com or (702) 380-1039.
Saturday, May 26, 2007
Teacher Jesus Garcia Gets Drunk on Field Trip and Abuses Kids
From Teacher Smack Down
Anne-Marie Nichols
May 25, 2007
On a field trip to Washington, D.C., teacher Jesus Garcia got drunk, cursed at students, spanked them, and flung one on a bed. And now parents are outraged that no charges were filed against the soccer coach and ESL instructor for Immokalee Community School. Florida’s Department of Children and Families is investigating.
After a five-day field trip to Washington, D.C., five fifth graders were in their room at the Embassy Suites when Garcia told the group he was going downstairs and would return in 10 minutes. He returned an hour later drunk off his ass and smelling like booze.
Garcia started cussing and spanked the kids. He picked one of the boys up and threw him on the bed. Then Garcia told another student to kick the boy.
The school chaperones knew something was wrong when the five children did not show up for dinner. When chaperones approached the room, Garcia wouldn’t let the kids open the door. The chaperones found the children frightened and upset. They put Garcia in a separate hotel and paid for a separate flight, which he missed.
School officials immediately contacted the children’s parents. They also fired Garcia and are providing counseling for students and parents.
What a friggin’ nightmare. You’re 12 year old and you’ve worked hard all school year to raise money for a field trip to the nation’s capitol. During the trip a teacher gets drunk, and physically and verbally assaults you and your classmates. Then he practically holds you hostage in your hotel room.
I agree with the parents that Garcia needs to be charged immediately…and get some treatment for his alcoholism.
http://www.teachersmackdown.com/teacher-jesus-garcia-gets-drunk-on-field-trip-and-abuses-kids/
Anne-Marie Nichols
May 25, 2007
On a field trip to Washington, D.C., teacher Jesus Garcia got drunk, cursed at students, spanked them, and flung one on a bed. And now parents are outraged that no charges were filed against the soccer coach and ESL instructor for Immokalee Community School. Florida’s Department of Children and Families is investigating.
After a five-day field trip to Washington, D.C., five fifth graders were in their room at the Embassy Suites when Garcia told the group he was going downstairs and would return in 10 minutes. He returned an hour later drunk off his ass and smelling like booze.
Garcia started cussing and spanked the kids. He picked one of the boys up and threw him on the bed. Then Garcia told another student to kick the boy.
The school chaperones knew something was wrong when the five children did not show up for dinner. When chaperones approached the room, Garcia wouldn’t let the kids open the door. The chaperones found the children frightened and upset. They put Garcia in a separate hotel and paid for a separate flight, which he missed.
School officials immediately contacted the children’s parents. They also fired Garcia and are providing counseling for students and parents.
What a friggin’ nightmare. You’re 12 year old and you’ve worked hard all school year to raise money for a field trip to the nation’s capitol. During the trip a teacher gets drunk, and physically and verbally assaults you and your classmates. Then he practically holds you hostage in your hotel room.
I agree with the parents that Garcia needs to be charged immediately…and get some treatment for his alcoholism.
http://www.teachersmackdown.com/teacher-jesus-garcia-gets-drunk-on-field-trip-and-abuses-kids/
Monday, April 2, 2007
Kindergartner Arrested, Put In Jail
Note: The school in this article is Avon Elementary in Avon Park, FL...
Apr 02 2007 8:09AM
A kindergartner was arrested and thrown into a Florida jail last week after she acted up at school.
Desre'e Watson, 6, was arrested on felony charges. Police said the child threw chairs and hit a teacher.
Her mother said she has never seen that kind of behavior and thinks something must have brought it on.
"Im afraid she might have trauma from this because right now she's like slacking up on eating and I've noticed like different things have changed," said Lateshia Wilson, Desrees mother.
The principal said they try to call parents first when a child is out of control, but if they cannot reach a parent, they call police.
Desre'es parents are considering a lawsuit.
The state attorney's office will decide whether to prosecute the child. She faces charges of disruption of a school function, battery on school employees and resisting a law enforcement officer without violence.
http://www.wftv.com/news/11455199/detail.html
http://www.onntv.com/live/contentbe/EPIC_shim.php?story=sites/10tv/content/pool/200704/448752473.html
Apr 02 2007 8:09AM
A kindergartner was arrested and thrown into a Florida jail last week after she acted up at school.
Desre'e Watson, 6, was arrested on felony charges. Police said the child threw chairs and hit a teacher.
Her mother said she has never seen that kind of behavior and thinks something must have brought it on.
"Im afraid she might have trauma from this because right now she's like slacking up on eating and I've noticed like different things have changed," said Lateshia Wilson, Desrees mother.
The principal said they try to call parents first when a child is out of control, but if they cannot reach a parent, they call police.
Desre'es parents are considering a lawsuit.
The state attorney's office will decide whether to prosecute the child. She faces charges of disruption of a school function, battery on school employees and resisting a law enforcement officer without violence.
http://www.wftv.com/news/11455199/detail.html
http://www.onntv.com/live/contentbe/EPIC_shim.php?story=sites/10tv/content/pool/200704/448752473.html
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