/PRNewswire/ -- Some bath salts – with names like Ocean Burst and Ivory Wave – aren't really for bathing. Rather, they are the latest high for naive teens and young adults as well as established drug abusers.
"Fake cocaine and fake meth are laced in bath salts and sold legally on the Internet and in convenience stores, gas stations, truck stops and head shops in most states. This newest boutique chemical substance is being used for a narcotic effect and often sends users to emergency rooms," warns Greg L. Jones, M.D., addiction medicine physician at Willingway Hospital, an alcohol and drug abuse treatment center in Statesboro, Ga.
According to Dr. Jones, manufacturers are using engineered molecules similar to controlled substances in the fake bath salts, which are labeled 'not for consumption,' to skirt the law. The molecules are derivatives of two controlled substances –MDPV (methylenedioxypyrovalerone, which is similar to Ritalin, but more potent) and mephedrone (an amphetamine-like drug). Also known as party salts and party powders, fake bath salts are snorted or ingested to create a stimulant, narcotic effect like that of cocaine.
"Users are snorting and ingesting the fake bath salts as a stimulant, to create a sense of euphoria and to stay up and party longer," Dr. Jones explains. "However, it can increase pulse and blood pressure to dangerous levels and cause delirium and confusion."
People using the bath salts as a narcotic have been treated for paranoia, hallucinations, agitation, hypertension, chest pain and headaches.
"Drug-naive teens and college students are showing up in ERs across the country because they purchased and used these products. They probably think that since they didn't buy them from a drug-dealer that they aren't as dangerous as the real thing, so they load up on them and reach a toxic state," Dr. Jones said.
As attention is being drawn to this latest drug abuse fad, Dr. Jones predicts that, as Willingway Hospital is now doing, facilities will be adding questions about use of party powders and fake bath salts to their drug and alcohol history questionnaires. And, more prevalent use is leading to a ban of these products, such as in Louisiana where two weeks ago, Governor Bobby Jindal announced that the so-called bath salts are now defined as illegal narcotics under State of Louisiana law.
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Showing posts with label abuse. Show all posts
Showing posts with label abuse. Show all posts
Tuesday, January 18, 2011
Wednesday, January 12, 2011
Survey: Exposure to Anti-Drug Messages Among Teens Drops Dramatically by Two-Thirds as Drug Use Goes Up
/PRNewswire/ -- The University of Michigan's Monitoring the Future study (MTF) – the largest survey on teen drug abuse tracking over 46,000 8th, 10th and 12th graders – found a huge falloff in teens' recalled exposure to drug abuse prevention messages over the past seven years. The new data from the MTF study have been released at a time when teens themselves report finding the drug-prevention messages to be effective.
Comparing 2003, the year in which kids and teens' recalled exposure to drug prevention messages from the White House Office of National Drug Control Policy (ONDCP)'s National Youth Anti-Drug Media Campaign (NYADMC) peaked, to today, the proportion of 8th graders that reported daily/or more often exposure dropped from 54 percent to 18 percent, a dramatic decrease of two-thirds among the youngest group surveyed. Similar declines occurred among 10th graders (50 percent in 2003 to 17 percent in 2010) and 12th graders (32 percent to 10 percent). According to Lloyd Johnston, the principal investigator of the study, the rates of teens' recalled exposure of drug abuse prevention messages are lower in 2010 than they have been since his research team began tracking all three grades nearly two decades ago.
"At a time when teen drug use is at relatively low levels, historically, and children are not learning as much through the news media about the health consequences of using many dangerous drugs, it is important that we get that information to them by other means – through prevention ads, in schools and through their families," said Johnston. "If they don't get those messages, teens will come to view drug use as less dangerous than their predecessors did and that misconception will leave them vulnerable to having their own epidemics of drug abuse. In fact, we are already seeing these signs beginning to happen now for teen use of drugs like marijuana, Ecstasy and LSD."
Support for prevention programs like the state grants portion of the Safe and Drug-Free Schools and Communities Program, which was zeroed out in the 2011 budget, and the federal NYADMC, has dwindled significantly over the past decade. In fiscal year 2003, which marked the peak year for recalled exposure of drug abuse prevention messages among teens, federal support of the NYADMC was $145 million, compared to only $45 million for fiscal year 2010. The kinds of extracurricular activities – programs in sports, civics and the arts – that states and localities have funded to engage kids' positive energies and help prevent substance abuse continue to collapse under relentless budgetary pressure.
"Our prevention infrastructure is disappearing before our eyes and the result of all this is not fair, but it's undeniable: the additional burden is increasingly falling on the shoulders of parents and caregivers," said Steve Pasierb, President of The Partnership at Drugfree.org. "The slashing of funds and lack of support, coupled with the discussion of further cuts for effective prevention programs, are going to have a direct impact on the 35 million American families with children at risk of abusing drugs or alcohol."
Teens Seeing/Hearing Less Drug-Prevention Messages, But Find Them Effective
While recalled exposure among teens is down significantly, perceived effectiveness of the drug-prevention messages did not reflect the same dramatic drops and, for the most part, remained constant. Between 2003 and today, the proportion of 8th, 10th, and 12th graders that agreed "the commercials made them, to a great extent, less favorable toward drugs" remained fairly stable. Among 8th graders, 42 percent in 2003 and 36 percent in 2010; among 10th graders, 26 percent in 2003 and 23 percent in 2010; and among 12th graders 22 percent in 2003 and 21 percent in 2010.
Similarly, the percentage of teens who agreed that drug-prevention messages made them less likely to use drugs in the future also remained stable, although they reported they are exposed to fewer messages.
"There is evidence of a correlation between decreased drug use among teens and their exposure to drug abuse prevention messages," said Pasierb. "The alarming drops in the number of messages teens are seeing or hearing today is especially disturbing because the kids themselves report these messages are effective in keeping them from using drugs."
Increases in Teen Use of Illicit Drugs Correlate with Decreased Support for Anti-Drug Messages
The MTF survey also measures teen attitudes about drug and alcohol use, including perceived harmfulness and disapproval, factors that can predict future substance abuse. The perception among teens that regular marijuana use is harmful decreased among 10th and 12th graders, but declined the most among the youngest group of 8th graders. The study also confirmed a new uptick in teen Ecstasy use, especially, among 8th and 10th graders, following drastic declines of this drug of abuse over the past decade. As teen anti-drug attitudes erode and move in the wrong direction, increases in drug use are sure to follow.
"While we recognize the current constraints on the federal budget, we urge Congress to fund ONDCP's National Youth Media Campaign at the highest possible level and restore the funding cuts that have eroded the impact of this program and have most likely contributed to increases in teen drug abuse," said Pasierb. "We would welcome the opportunity to work with Congress and the Administration to increase the frequency with which teens receive anti-drug messages, while demanding full accountability for the program and its outcomes."
The National Youth Anti-Drug Media Campaign, administered by ONDCP, is aimed at reducing drug use among American teens. The Partnership at Drugfree.org assists in facilitating the creative development of the drug abuse prevention messages used by the NYADMC.
To learn more about how to help parents prevent, intervene in and find treatment for drug and alcohol use by their children, please visit drugfree.org
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Comparing 2003, the year in which kids and teens' recalled exposure to drug prevention messages from the White House Office of National Drug Control Policy (ONDCP)'s National Youth Anti-Drug Media Campaign (NYADMC) peaked, to today, the proportion of 8th graders that reported daily/or more often exposure dropped from 54 percent to 18 percent, a dramatic decrease of two-thirds among the youngest group surveyed. Similar declines occurred among 10th graders (50 percent in 2003 to 17 percent in 2010) and 12th graders (32 percent to 10 percent). According to Lloyd Johnston, the principal investigator of the study, the rates of teens' recalled exposure of drug abuse prevention messages are lower in 2010 than they have been since his research team began tracking all three grades nearly two decades ago.
"At a time when teen drug use is at relatively low levels, historically, and children are not learning as much through the news media about the health consequences of using many dangerous drugs, it is important that we get that information to them by other means – through prevention ads, in schools and through their families," said Johnston. "If they don't get those messages, teens will come to view drug use as less dangerous than their predecessors did and that misconception will leave them vulnerable to having their own epidemics of drug abuse. In fact, we are already seeing these signs beginning to happen now for teen use of drugs like marijuana, Ecstasy and LSD."
Support for prevention programs like the state grants portion of the Safe and Drug-Free Schools and Communities Program, which was zeroed out in the 2011 budget, and the federal NYADMC, has dwindled significantly over the past decade. In fiscal year 2003, which marked the peak year for recalled exposure of drug abuse prevention messages among teens, federal support of the NYADMC was $145 million, compared to only $45 million for fiscal year 2010. The kinds of extracurricular activities – programs in sports, civics and the arts – that states and localities have funded to engage kids' positive energies and help prevent substance abuse continue to collapse under relentless budgetary pressure.
"Our prevention infrastructure is disappearing before our eyes and the result of all this is not fair, but it's undeniable: the additional burden is increasingly falling on the shoulders of parents and caregivers," said Steve Pasierb, President of The Partnership at Drugfree.org. "The slashing of funds and lack of support, coupled with the discussion of further cuts for effective prevention programs, are going to have a direct impact on the 35 million American families with children at risk of abusing drugs or alcohol."
Teens Seeing/Hearing Less Drug-Prevention Messages, But Find Them Effective
While recalled exposure among teens is down significantly, perceived effectiveness of the drug-prevention messages did not reflect the same dramatic drops and, for the most part, remained constant. Between 2003 and today, the proportion of 8th, 10th, and 12th graders that agreed "the commercials made them, to a great extent, less favorable toward drugs" remained fairly stable. Among 8th graders, 42 percent in 2003 and 36 percent in 2010; among 10th graders, 26 percent in 2003 and 23 percent in 2010; and among 12th graders 22 percent in 2003 and 21 percent in 2010.
Similarly, the percentage of teens who agreed that drug-prevention messages made them less likely to use drugs in the future also remained stable, although they reported they are exposed to fewer messages.
"There is evidence of a correlation between decreased drug use among teens and their exposure to drug abuse prevention messages," said Pasierb. "The alarming drops in the number of messages teens are seeing or hearing today is especially disturbing because the kids themselves report these messages are effective in keeping them from using drugs."
Increases in Teen Use of Illicit Drugs Correlate with Decreased Support for Anti-Drug Messages
The MTF survey also measures teen attitudes about drug and alcohol use, including perceived harmfulness and disapproval, factors that can predict future substance abuse. The perception among teens that regular marijuana use is harmful decreased among 10th and 12th graders, but declined the most among the youngest group of 8th graders. The study also confirmed a new uptick in teen Ecstasy use, especially, among 8th and 10th graders, following drastic declines of this drug of abuse over the past decade. As teen anti-drug attitudes erode and move in the wrong direction, increases in drug use are sure to follow.
"While we recognize the current constraints on the federal budget, we urge Congress to fund ONDCP's National Youth Media Campaign at the highest possible level and restore the funding cuts that have eroded the impact of this program and have most likely contributed to increases in teen drug abuse," said Pasierb. "We would welcome the opportunity to work with Congress and the Administration to increase the frequency with which teens receive anti-drug messages, while demanding full accountability for the program and its outcomes."
The National Youth Anti-Drug Media Campaign, administered by ONDCP, is aimed at reducing drug use among American teens. The Partnership at Drugfree.org assists in facilitating the creative development of the drug abuse prevention messages used by the NYADMC.
To learn more about how to help parents prevent, intervene in and find treatment for drug and alcohol use by their children, please visit drugfree.org
-----
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Tuesday, September 14, 2010
Upcoming FDA Hearing on Abuse of Cough and Cold Medications Misses the Mark
/PRNewswire/ -- The Center for Medicine in the Public Interest released the results of a national Teen Substance Abuse survey today, indicating that police officers and high school teachers nationwide believe alcohol and marijuana are the most serious problem substances facing teenagers. These survey results come as the Food and Drug Administration has scheduled an Advisory Committee meeting for September 14 to examine whether abuse of cough and cold medications by teens requires stricter controls on the sale of those commonly used products.
Police and teachers polled do not believe it is a good idea to force Americans to visit a doctor to get a prescription to purchase commonly sold cough and cold medicines. However, an FDA Advisory Committee next week could decide to make more than 100 brand name, over-the-counter cold and cough medicines containing the ingredient dextromethorphan available only through a doctor's prescription or place them behind the counter at pharmacies, forcing customers to receive assistance from a pharmacist or store employee to get the medicines.
When asked which substances pose the greatest negative impact on teens, teachers and police overwhelmingly identified marijuana and alcohol, followed by methamphetamine and cocaine. Additionally, no police and only 1% of high school teachers cited cough and cold medicines as having the greatest negative impact on teens.
The survey also reveals that by a margin of two to one, police officers and high school teachers support education efforts as a means to address abuse of over-the-counter cough and cold medicines, versus restricted accessibility to consumers.
"Americans expect to be able to buy cough medicines conveniently at the supermarket or their neighborhood corner store," says CMPI Vice President Robert Goldberg, Ph.D. "Overly restricting access to cough and cold products containing dextromethorphan will create more health problems than it will solve, especially during cold and flu seasons. We need to find common sense solutions and invest more resources in education."
The entire Teen Substance Abuse survey is available at www.cmpi.org and the poll was conducted by Fabrizio Ward and Associates.
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Police and teachers polled do not believe it is a good idea to force Americans to visit a doctor to get a prescription to purchase commonly sold cough and cold medicines. However, an FDA Advisory Committee next week could decide to make more than 100 brand name, over-the-counter cold and cough medicines containing the ingredient dextromethorphan available only through a doctor's prescription or place them behind the counter at pharmacies, forcing customers to receive assistance from a pharmacist or store employee to get the medicines.
When asked which substances pose the greatest negative impact on teens, teachers and police overwhelmingly identified marijuana and alcohol, followed by methamphetamine and cocaine. Additionally, no police and only 1% of high school teachers cited cough and cold medicines as having the greatest negative impact on teens.
When you think of substance abuse, which substances do you see as having the greatest negative impact on teens? Police H.S. Teachers ------------------------------------ ------ ------------- Alcohol//beer 51% 70% ------------- --- --- Marijuana//pot 69% 51% Prescription drugs//prescription pills 27% 15% -------------------------------- --- --- Methamphetamine//crystal methamphetamine 28% 9% Cocaine//coke//crack 22% 8% -------------------- --- --- Heroin 12% 3% Ecstasy 6% 5% ------- --- --- Cigarettes//tobacco 3% 6% Inhalants//spray can fumes 3% - -------------------------- --- --- Over the counter medicine//non prescription medication 1% 2% Cough//Medicines//Cold Medicines//DXM - 1%CMPI's study also shows that alcohol, marijuana, prescription drugs, methamphetamine, cocaine and cigarettes are cited among the top substances posing the most serious problems to teens:
% Selecting as Most/2(nd) Most/ 3(rd) Most Serious Problem Substance Police H.S. Teachers ----------------------------------- ------ ------------- Alcohol 82% 88% ------- --- --- Pot 76% 75% --- --- --- Prescription drugs 41% 27% ------------------ --- --- Meth 32% 22% ---- --- --- Cigarettes 14% 36% ---------- --- --- Cocaine/Crack 27% 15% ------------- --- --- Ecstasy 5% 9% ------- --- --- OTC cough and cold medicine 5% 8%
The survey also reveals that by a margin of two to one, police officers and high school teachers support education efforts as a means to address abuse of over-the-counter cough and cold medicines, versus restricted accessibility to consumers.
"Americans expect to be able to buy cough medicines conveniently at the supermarket or their neighborhood corner store," says CMPI Vice President Robert Goldberg, Ph.D. "Overly restricting access to cough and cold products containing dextromethorphan will create more health problems than it will solve, especially during cold and flu seasons. We need to find common sense solutions and invest more resources in education."
The entire Teen Substance Abuse survey is available at www.cmpi.org and the poll was conducted by Fabrizio Ward and Associates.
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Wednesday, October 21, 2009
Nearly One in Four Intimate Partner Violence Cases Involved a Child Witness
/PRNewswire/ -- A child witnessed violence in 22 percent of intimate partner violence cases filed in state courts, the Bureau of Justice Statistics (BJS) in the Office of Justice Programs, U.S. Department of Justice, announced today. In another 14 percent of intimate partner violence cases, a child was present at the time of the incident but did not directly witness the violence.
Intimate partner violence includes violence between spouses, ex-spouses, common-law spouses and current or former boyfriends or girlfriends. Forty-six percent of intimate partner violence cases involved a defendant with a prior history of abuse toward the same victim, and the victim had reported prior violence to police in 24 percent of all cases. A direct witness to the violence was present in more than 40 percent of intimate partner violence cases.
Most intimate partner violence cases involved either aggravated (12 percent) or simple (78 percent) assault. Defendants were charged with intimidation (including stalking) in five percent of intimate partner violence cases, and another two percent were charged with rape or sexual assault. Most offenses occurred either at the victim's own residence (21 percent) or at a residence shared with the defendant (58 percent).
Twenty-six percent of defendants used a weapon during the incident. Female defendants (41 percent) were more likely than male defendants (24 percent) to use a weapon during an incident of intimate partner violence.
Eighty-nine percent of victims sustained an injury during the incident. Most injuries were of a less severe nature, while nine percent sustained severe injuries, such as gunshot and stab wounds, rape, severe lacerations and broken bones.
The majority of intimate partner violence cases (84 percent) involved a male defendant and a female victim, while twelve percent involved a female defendant and a male victim. The defendant and victim were the same gender in four percent of intimate partner violence cases. Cases with a male defendant and female victim were more likely than others to involve a history of abuse between victim and defendant. A child was also more likely to have witnessed the violence in these cases.
More than half of defendants charged with intimate partner violence were convicted. Cases in which the defendant made a formal statement for the record were twice as likely to result in conviction as those in which no statement was made. Other characteristics that increased the probability of conviction were the presence of a third-party witness to the incident and a documented history of abuse between the victim and the defendant.
This information comes from the BJS study, Processing of Domestic Violence Cases in State Courts, which used prosecutor files and court records to analyze 3,750 intimate partner violence cases. Case characteristics and outcomes of felony and misdemeanor intimate partner violence cases filed in state courts of 16 large urban counties during May 2002 were examined. Cases were tracked for one year following the defendant's first appearance in court.
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Intimate partner violence includes violence between spouses, ex-spouses, common-law spouses and current or former boyfriends or girlfriends. Forty-six percent of intimate partner violence cases involved a defendant with a prior history of abuse toward the same victim, and the victim had reported prior violence to police in 24 percent of all cases. A direct witness to the violence was present in more than 40 percent of intimate partner violence cases.
Most intimate partner violence cases involved either aggravated (12 percent) or simple (78 percent) assault. Defendants were charged with intimidation (including stalking) in five percent of intimate partner violence cases, and another two percent were charged with rape or sexual assault. Most offenses occurred either at the victim's own residence (21 percent) or at a residence shared with the defendant (58 percent).
Twenty-six percent of defendants used a weapon during the incident. Female defendants (41 percent) were more likely than male defendants (24 percent) to use a weapon during an incident of intimate partner violence.
Eighty-nine percent of victims sustained an injury during the incident. Most injuries were of a less severe nature, while nine percent sustained severe injuries, such as gunshot and stab wounds, rape, severe lacerations and broken bones.
The majority of intimate partner violence cases (84 percent) involved a male defendant and a female victim, while twelve percent involved a female defendant and a male victim. The defendant and victim were the same gender in four percent of intimate partner violence cases. Cases with a male defendant and female victim were more likely than others to involve a history of abuse between victim and defendant. A child was also more likely to have witnessed the violence in these cases.
More than half of defendants charged with intimate partner violence were convicted. Cases in which the defendant made a formal statement for the record were twice as likely to result in conviction as those in which no statement was made. Other characteristics that increased the probability of conviction were the presence of a third-party witness to the incident and a documented history of abuse between the victim and the defendant.
This information comes from the BJS study, Processing of Domestic Violence Cases in State Courts, which used prosecutor files and court records to analyze 3,750 intimate partner violence cases. Case characteristics and outcomes of felony and misdemeanor intimate partner violence cases filed in state courts of 16 large urban counties during May 2002 were examined. Cases were tracked for one year following the defendant's first appearance in court.
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Medical Marijuana: 'Be Careful,' Ex-White House Drug Spokesman Bob Weiner Tells DOJ About 'New Lax Enforcement' Policy
Medical Marijuana: 'Be Careful,' Ex-White House Drug Spokesman Bob Weiner Tells DOJ About 'New Lax Enforcement' Policy; 'Use May Explode for Healthy People'
/PRNewswire/ -- "Be careful about the new lax enforcement policy for medical marijuana," former White House Drug Policy Spokesman Bob Weiner is telling the Department of Justice and the Obama Administration.
"You may get way more than you bargained for", Weiner cautions of the new policy barring states attorneys from busting and prosecuting users and caregivers of so-called "medical" marijuana who act "in accordance with state law."
"Prescription marijuana use may explode for healthy people."
Unfortunately, as many as 90% of purchases at clinical distribution centers are "false defenses", some law enforcement agents report - "which means individuals are not really sick but simply want the pot," Weiner asserts.
"Medical marijuana is not as effective as other healing mechanisms for many illnesses such as glaucoma, pain, or nausea that users try it for because of false hype leading to false hope. Just as laetrile was legalized in the 1970's in 27 states to cure cancer but was found to be useless apricot pits, leading Senator Kennedy in a Senate hearing to decry the 'false hope' delaying true treatment, 'medical' marijuana today could be a placebo delaying far better treatments," according to Weiner.
"Many medical marijuana advocates press its use for pain killing and appetite enhancement," Weiner asserted, "but you might feel just as good after a shot of gin. Science, not politics, must drive what is determined to be safe and effective medicine in America. The medical marijuana advocates never mention the potentially better applications of THC in marijuana from suppositories, jells, aerosols, or the already approved pill Marinol -- they just want the high from the smoked version.
"There is a real danger that if marijuana is made essentially a prescription drug, its abuse and usage explosion could parallel other prescription drugs over the last decade, such as OxyContin, which have tripled nationally and quintupled in many locations because of the ease of availability."
"No one wants to deny a dying cancer patient a hit of grass, if that's what he or she wants. But to announce and implement a policy of broad-brush non-enforcement when there is so much loose about usage of medical marijuana and its distribution is a dangerous policy."
"The new policy, a three-page DOJ memo anyone can download, does not only say leave the users alone. It also says leave the 'caregivers' alone if they comply with state law. The distribution centers, which are suppliers, and the staff could well be considered 'caregivers'. DOJ would have serious problems discerning between illicit dealers and distributors."
Weiner served as White House Drug Policy Office spokesman for 6-1/2 years and communications director of the House Select Narcotics Committee for five years.
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/PRNewswire/ -- "Be careful about the new lax enforcement policy for medical marijuana," former White House Drug Policy Spokesman Bob Weiner is telling the Department of Justice and the Obama Administration.
"You may get way more than you bargained for", Weiner cautions of the new policy barring states attorneys from busting and prosecuting users and caregivers of so-called "medical" marijuana who act "in accordance with state law."
"Prescription marijuana use may explode for healthy people."
Unfortunately, as many as 90% of purchases at clinical distribution centers are "false defenses", some law enforcement agents report - "which means individuals are not really sick but simply want the pot," Weiner asserts.
"Medical marijuana is not as effective as other healing mechanisms for many illnesses such as glaucoma, pain, or nausea that users try it for because of false hype leading to false hope. Just as laetrile was legalized in the 1970's in 27 states to cure cancer but was found to be useless apricot pits, leading Senator Kennedy in a Senate hearing to decry the 'false hope' delaying true treatment, 'medical' marijuana today could be a placebo delaying far better treatments," according to Weiner.
"Many medical marijuana advocates press its use for pain killing and appetite enhancement," Weiner asserted, "but you might feel just as good after a shot of gin. Science, not politics, must drive what is determined to be safe and effective medicine in America. The medical marijuana advocates never mention the potentially better applications of THC in marijuana from suppositories, jells, aerosols, or the already approved pill Marinol -- they just want the high from the smoked version.
"There is a real danger that if marijuana is made essentially a prescription drug, its abuse and usage explosion could parallel other prescription drugs over the last decade, such as OxyContin, which have tripled nationally and quintupled in many locations because of the ease of availability."
"No one wants to deny a dying cancer patient a hit of grass, if that's what he or she wants. But to announce and implement a policy of broad-brush non-enforcement when there is so much loose about usage of medical marijuana and its distribution is a dangerous policy."
"The new policy, a three-page DOJ memo anyone can download, does not only say leave the users alone. It also says leave the 'caregivers' alone if they comply with state law. The distribution centers, which are suppliers, and the staff could well be considered 'caregivers'. DOJ would have serious problems discerning between illicit dealers and distributors."
Weiner served as White House Drug Policy Office spokesman for 6-1/2 years and communications director of the House Select Narcotics Committee for five years.
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Thursday, October 15, 2009
Most States Fail to Adequately Protect the Legal Rights of Abused Children, New Study Finds
/PRNewswire/ -- Most U.S. states do not adequately protect the rights of abused and neglected children, leaving our most vulnerable citizens exposed to the vagaries of the juvenile court system without adequate legal representation, according to a state-by-state study conducted by two national child advocacy organizations.
The peer-reviewed study -- A Child's Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children -- was released today on Capitol Hill by First Star and the Children's Advocacy Institute at the University of San Diego School of Law (CAI). To view the full report, visit www.firststar.org, or www.caichildlaw.org.
"The federal government reported that nearly 800,000 children were abused or neglected in 2007," said Amy Harfeld, Executive Director of First Star. "In the current economic recession, these children are suffering more than ever - reports of child abuse have skyrocketed while resources to help them have been placed in jeopardy. Most of these children will go through court proceedings that will determine their lives and futures. Yet while the state and the allegedly abusive or neglectful parent stand in court with attorneys by their sides, the children often stand alone and silent. They are herded through the system without a strong voice to advocate on their behalf. This is a troubling double-standard."
The report graded each state and the District of Columbia based on how well they protect the legal rights of abused and neglected children in dependency court. Twenty-nine states earned C's or lower:
-- Two states earned A+'s: Connecticut and Massachusetts
-- 9 states earned A's: Iowa, Louisiana, Maryland, Mississippi, New
Mexico, New York, Oklahoma, Vermont, and West Virginia
-- 11 states earned B's: California, Kansas, New Jersey, North Carolina,
Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, and
Wyoming
-- 14 states earned C's: Alabama, Alaska, Arkansas, Colorado, Michigan,
Minnesota, Montana, Nebraska, Nevada, South Carolina, Utah, Virginia,
Washington DC, and Wisconsin
-- 8 states earned D's: Arizona, Georgia, Illinois, Kentucky, Missouri,
New Hampshire, South Dakota, and Washington
-- 7 states earned F's: Delaware, Florida, Hawaii, Idaho, Indiana, Maine,
and North Dakota
"The level of legal protection these children receive should not vary depending on what state they call home," said Robert C. Fellmeth, CAI Executive Director. "The stakes in these cases are high for all involved, but especially for the child. Yet, in many states, not only have they been betrayed and mistreated by their own parents, they have also been abandoned by the very system that is supposed to protect their rights and their lives."
The study is the second of its kind. The first report, issued in April 2007, prompted 17 states to adopt new legislation in the right to counsel arena. In addition, advocates in many states have proposed legislative reforms, filed litigation, or launched other efforts to ensure children's rights are protected. States with improved laws include: Alabama, Arkansas, California, Connecticut, Iowa, Louisiana, Massachusetts, New Hampshire, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont and Wyoming.
In addition, the federal government recently announced a five-year, $5 million grant to research the benefits of providing counsel to children in these proceedings. Up to now, research has been scarce.
"The tide is turning," said Peter Samuelson, co-founder and Chairman of First Star. "Many jurisdictions are moving beyond the old legal paradigm that treated children as chattel, and are recognizing that their opinions are valuable in court proceedings that determine their futures. But there is still a long way to go before we create uniform, nationwide legal protections for these vulnerable children."
To build on this momentum, First Star and CAI recommend:
-- An amendment to the federal Child Abuse Prevention and Treatment Act
(CAPTA) that would require all abused and neglected foster children
receive quality client-directed representation in dependency
proceedings;
-- Passage by the American Bar Association of a Model Act that would
serve as a prototype for states to establish uniform standards for
representing children in dependency cases;
-- Implementation of a loan forgiveness program for child advocate
attorneys, since compensation is prohibitively low;
-- Adoption of caseload limits of 100 clients so attorneys can focus
enough attention on each case;
-- Support to ensure that abused and neglected children receive quality
representation in all court proceedings that determine their futures.
State grades were based on a rigorous examination of state law by leading national child welfare experts, who established guiding principles and developed a 100-point grading system. Criteria included: whether state law mandates that attorneys be appointed for children in dependency proceedings; whether these attorneys represent the children in a client-directed manner; whether this representation continues throughout the case, including appeal; whether states have specialized education or training of a child's counsel; whether the child is given the legal status of a party to the proceedings; and whether rules pertaining to confidentiality and immunity from liability apply to attorneys representing these children. Extra credit was given if states have mandatory caseload limits for children's counsel. Officials and/or advocates from each state participated in the process and provided valuable feedback.
"We hope this Report Card will become a tool to increase public awareness of this issue, a rallying cry for advocates and lawmakers in poorly performing states, and a source of pride for states that have enacted strong laws," said Elisa Weichel, CAI's Administrative Director & Staff Attorney. "Tremendous progress has been made in the last two years; it is our aim to build on that momentum."
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The peer-reviewed study -- A Child's Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children -- was released today on Capitol Hill by First Star and the Children's Advocacy Institute at the University of San Diego School of Law (CAI). To view the full report, visit www.firststar.org, or www.caichildlaw.org.
"The federal government reported that nearly 800,000 children were abused or neglected in 2007," said Amy Harfeld, Executive Director of First Star. "In the current economic recession, these children are suffering more than ever - reports of child abuse have skyrocketed while resources to help them have been placed in jeopardy. Most of these children will go through court proceedings that will determine their lives and futures. Yet while the state and the allegedly abusive or neglectful parent stand in court with attorneys by their sides, the children often stand alone and silent. They are herded through the system without a strong voice to advocate on their behalf. This is a troubling double-standard."
The report graded each state and the District of Columbia based on how well they protect the legal rights of abused and neglected children in dependency court. Twenty-nine states earned C's or lower:
-- Two states earned A+'s: Connecticut and Massachusetts
-- 9 states earned A's: Iowa, Louisiana, Maryland, Mississippi, New
Mexico, New York, Oklahoma, Vermont, and West Virginia
-- 11 states earned B's: California, Kansas, New Jersey, North Carolina,
Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, and
Wyoming
-- 14 states earned C's: Alabama, Alaska, Arkansas, Colorado, Michigan,
Minnesota, Montana, Nebraska, Nevada, South Carolina, Utah, Virginia,
Washington DC, and Wisconsin
-- 8 states earned D's: Arizona, Georgia, Illinois, Kentucky, Missouri,
New Hampshire, South Dakota, and Washington
-- 7 states earned F's: Delaware, Florida, Hawaii, Idaho, Indiana, Maine,
and North Dakota
"The level of legal protection these children receive should not vary depending on what state they call home," said Robert C. Fellmeth, CAI Executive Director. "The stakes in these cases are high for all involved, but especially for the child. Yet, in many states, not only have they been betrayed and mistreated by their own parents, they have also been abandoned by the very system that is supposed to protect their rights and their lives."
The study is the second of its kind. The first report, issued in April 2007, prompted 17 states to adopt new legislation in the right to counsel arena. In addition, advocates in many states have proposed legislative reforms, filed litigation, or launched other efforts to ensure children's rights are protected. States with improved laws include: Alabama, Arkansas, California, Connecticut, Iowa, Louisiana, Massachusetts, New Hampshire, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont and Wyoming.
In addition, the federal government recently announced a five-year, $5 million grant to research the benefits of providing counsel to children in these proceedings. Up to now, research has been scarce.
"The tide is turning," said Peter Samuelson, co-founder and Chairman of First Star. "Many jurisdictions are moving beyond the old legal paradigm that treated children as chattel, and are recognizing that their opinions are valuable in court proceedings that determine their futures. But there is still a long way to go before we create uniform, nationwide legal protections for these vulnerable children."
To build on this momentum, First Star and CAI recommend:
-- An amendment to the federal Child Abuse Prevention and Treatment Act
(CAPTA) that would require all abused and neglected foster children
receive quality client-directed representation in dependency
proceedings;
-- Passage by the American Bar Association of a Model Act that would
serve as a prototype for states to establish uniform standards for
representing children in dependency cases;
-- Implementation of a loan forgiveness program for child advocate
attorneys, since compensation is prohibitively low;
-- Adoption of caseload limits of 100 clients so attorneys can focus
enough attention on each case;
-- Support to ensure that abused and neglected children receive quality
representation in all court proceedings that determine their futures.
State grades were based on a rigorous examination of state law by leading national child welfare experts, who established guiding principles and developed a 100-point grading system. Criteria included: whether state law mandates that attorneys be appointed for children in dependency proceedings; whether these attorneys represent the children in a client-directed manner; whether this representation continues throughout the case, including appeal; whether states have specialized education or training of a child's counsel; whether the child is given the legal status of a party to the proceedings; and whether rules pertaining to confidentiality and immunity from liability apply to attorneys representing these children. Extra credit was given if states have mandatory caseload limits for children's counsel. Officials and/or advocates from each state participated in the process and provided valuable feedback.
"We hope this Report Card will become a tool to increase public awareness of this issue, a rallying cry for advocates and lawmakers in poorly performing states, and a source of pride for states that have enacted strong laws," said Elisa Weichel, CAI's Administrative Director & Staff Attorney. "Tremendous progress has been made in the last two years; it is our aim to build on that momentum."
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Wednesday, December 17, 2008
Report Shows Lawsuit Abuse Still Widespread
/PRNewswire-USNewswire/ -- The following statement from Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), is a response to the Judicial Hellholes 2008/2009 report released today by the American Tort Reform Association (ATRA):
"While the majority of Americans understand there are too many frivolous and unfair lawsuits in our country, the Judicial Hellholes report reveals that lawsuit abuse remains alive and well in many jackpot jurisdictions.
"States with jackpot jurisdictions are branded as having unfriendly environments in which to work and do business, as confirmed by the low scores they received in ILR's report, Lawsuit Climate 2008. During this global economic downturn, we encourage state leaders to commit to reforming these trial lawyer-dominated jurisdictions that are driving away local jobs, revenue and opportunity.
"We commend ATRA for helping shine a spotlight on efforts by the trial bar to slip liability expanding measures in bills before Congress and state legislatures. During a 2008 election night poll, voters overwhelmingly opposed these trial lawyer earmarks, saying that giving lawyers more opportunity to sue would only hurt our already struggling economy."
ILR seeks to promote civil justice reform through legislative, political, judicial, and educational activities at the national, state, and local levels. The U.S. Chamber of Commerce is the world's largest business federation, representing more than 3 million businesses and organizations of every size, sector, and region.
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"While the majority of Americans understand there are too many frivolous and unfair lawsuits in our country, the Judicial Hellholes report reveals that lawsuit abuse remains alive and well in many jackpot jurisdictions.
"States with jackpot jurisdictions are branded as having unfriendly environments in which to work and do business, as confirmed by the low scores they received in ILR's report, Lawsuit Climate 2008. During this global economic downturn, we encourage state leaders to commit to reforming these trial lawyer-dominated jurisdictions that are driving away local jobs, revenue and opportunity.
"We commend ATRA for helping shine a spotlight on efforts by the trial bar to slip liability expanding measures in bills before Congress and state legislatures. During a 2008 election night poll, voters overwhelmingly opposed these trial lawyer earmarks, saying that giving lawyers more opportunity to sue would only hurt our already struggling economy."
ILR seeks to promote civil justice reform through legislative, political, judicial, and educational activities at the national, state, and local levels. The U.S. Chamber of Commerce is the world's largest business federation, representing more than 3 million businesses and organizations of every size, sector, and region.
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