Archive for December, 2008

DRW Releases Children’s Day Treatment Death Report

On December 2nd, 2008 DRW released its report entitled “A Tragic Result of a Failure to Act – the Death of Angellika Arndt” detailing the events surrounding the asphyxiation death of seven year-old Angellika Arndt, who died in 2006 as the result of an inappropriate use of physical restraint and seclusion in a state-licensed children’s day treatment program in Rice Lake, Wisconsin. This report was delivered to the Secretaries of the Departments of Health Services, Children and Families and the Governor. DRW hopes that the lessons learned from Angie’s tragic death will translate into action toward increased use of positive behavioral supports, a decrease in the use of seclusion and restraint with children and a prohibition of the use of restraints that have the potential to cause serious injury or death, as well as changes in the provision and oversight of day treatment services for children in the state of Wisconsin. DRW believes that the Department has not taken sufficient steps to protect children from inappropriate use of seclusion and restraint, and has urged the Department to declare a moratorium on the use of the type of restraint that resulted in Angie’s death, finalize a plan to provide training on ways to reduce seclusion and restraint use in children’s programs, and review the use of children’s day treatment to assure it is appropriate and properly regulated and funded. These and other recommendations are detailed in the report.

To download a copy of the report: A Tragic Result of a Failure to Act

Medicare Drug Rule Criticized as Unclear

By Julie Appleby, USA TODAY

More than 1 million people in the Medicare drug program next year will pay almost the full price for certain brand-name drugs when they choose them over generics — a move that advocates for patients say is not clearly spelled out by the government nor insurers.

Click here to read the USA Today article.

DRW Disability Benefit Specialist Program Attorney Eva Shiffrin is quoted in the article.

Lawsuit against MPS aims to help special education students

By Dani McClain of the Journal Sentinel

Posted: Dec. 1, 2008

When Kina King goes through the classwork her children bring home from school, she has a hard time telling which belongs to 5-year-old Danielle and which belongs to 16-year-old Jamie.

That’s because Jamie, a freshman at Wisconsin Career Academy in Milwaukee, reads at the level of a second-grader. Her writing, with its d’s and b’s reversed and halting attempts at self-expression, is at a third-grade level.

King said she repeatedly had asked Milwaukee Public Schools to evaluate whether Jamie had special needs since the girl was 5. But it wasn’t until Jamie failed first grade for the third time that the district determined that she suffers from cognitive delays and needs additional support.

The question of what MPS should do to compensate the students it has failed to place in special education in a timely manner is at the heart of the third phase in an ongoing class-action suit about how MPS serves special education students. Jamie Stokes is the lead plaintiff in that suit and testified during a weeklong trial that wrapped up in November.

“If they gave her the help she would have been better, not doing coloring books her sister in kindergarten is doing,” King said.
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