The lawsuit seeks to force Missouri, and as a result to pressure
other states, to enact stricter measures to guard against the
over-medication of children in state custody.
Filed by Children's Rights and the National Center for Youth Law in
U.S. District Court in Jefferson City, it is the first statewide
federal suit to take sole aim at the issue, attorneys said. They are
seeking class-action status for the suit.
"Giving a pill to sedate the child or older person is a quicker and
easier response than training caregivers and staff (to provide)
non-pharmacological, safer and in many instances more effective
treatment," said Bill Grimm, an attorney with the National Center
for Youth Law.
Jennifer Tidball, acting director of the Missouri Department of
Social Services, and Tim Decker, director of the department's
Children's Division, the two agencies named in the suit, declined to
comment through a spokeswoman.
The lawsuit, also filed by the St. Louis University Legal Clinic,
said the children's constitutional right to be free from harm while
in state custody was violated. It seeks a court to order authorities
to ensure drugs are safely administered, that medical records are
maintained and prescriptions reviewed, and that the children's
informed consent is obtained and documented.
While such drugs can be a helpful part of therapy, poor oversight
means some children with behavioral issues rooted in abuse or
neglect are given the drugs as "chemical straight-jackets" to
control behavior, the lawsuit said.
Some 30 percent of children in state care in Missouri are prescribed
psychotropic medications, including anti-psychotics such as Abilify
and Risperdal, as well as anti-depressants and mood stabilizers, the
lawsuit said. That is almost twice the national rate, it said. Side
effects of such drugs can include sleepiness, nervous tics and
suicidal thoughts.
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Poor coordination means medical records often do not immediately
accompany foster children when they move from one placement to
another, the lawsuit said.
"These children are being prescribed too many powerful and
potentially dangerous drugs, at unacceptable dosages and at too
young an age," said Sara Bartosz, a Children's Rights attorney.
Some states, including Florida, Texas, California, New York and
Illinois, have taken steps such as requiring court authorization for
psychotropic prescriptions.
(Reporting by Chris Kenning; Editing by Dan Grebler and Paul Simao)
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