Do Parents Have The Right To Not Medicate Their Children? One Woman's Story

By Michelle Ball, California Education Attorney for Students since 1995

Have you heard the story of Maryanne Godboldo?  This Detroit mother made a parental decision to remove her daughter from psychotropic medication to pursue non-drug alternatives after she observed negative side effects.  When she did, the local government authorities apparently did not agree with Maryanne Godboldo's medical decision, and thereafter stormed her home with police and a SWAT (Special Weapons and Tactics) team to take away her minor daughter, Ariana.  Maryanne's attempts to keep the police from taking away her daughter failed, but only after a ten hour stand-off at Maryanne's home in 2011.  Ariana was thereafter placed in a psychiatric facility for approximately one month.

Maryanne was criminally charged and incarcerated for 5 days.  The criminal charges were later dropped.  Thereafter, after months of fighting and many court appearances, Maryanne Godboldo finally had her parental rights restored.  Maryanne explains in the video below that "I did it because I wanted to save my child."  Eventually the order removing Ariana from her mother's care, based on her decision not to medicate Ariana, was overruled.

This story is heart-wrenching and horrifying.  The shock of it all is that this mother was arrested and separated from her thirteen-year-old daughter, allegedly all because she made a private medical decision.  The term "big brother" seems quite appropriate.

The video below is of Maryanne receiving an award from the Citizens Commission on Human Rights (CCHR), a psychiatric watchdog group.  Check it out (and you may want to have some tissues nearby when you do).

This story should remind all parents that they need to be vigilant in protecting their children and their parental rights, as the government, which appears in the form of  your local school district or social services office (and many other forms), may not always be acting in the best interests of the parent or the child.  

Best, 

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Suicide and Antidepressants- the Candace Downing Story

By Michelle Ball, California Education Attorney for Students since 1995

Many parents are pressured to medicate their children who may exhibit symptoms of depression, so they can allegedly do "better" at school or in life.  Here is a video which parents should watch before they ever pursue antidepressants for their kids based on their school functioning or otherwise.  Know the side effects before proceeding with any medication.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Faceboook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

What Parents Must Consider Before Giving In To School Pressure To Have Their Children Evaluated For A Mental Disorder

When a school pressures a family to have their child evaluated for a mental illness, usually for special education, it can be a very confusing time.  But before parents "give in," they owe it to their child to conduct a thorough and thoughtful evaluation of all possible causes and solutions to the situation.  Labeling a child with a mental illness, such as ADHD (Attention Deficit Hyperactivity Disorder), ED (Emotional Disturbance), ODD (Oppositional Defiance Disorder), or some other mental disorder, is a life-changing decision which not only alters the child's life forever, but also opens the door to potential mind-altering drugs to "control" the child's classroom issues.

Since 1995 I have been helping parents and students in all types of school matters, and I have represented parents both in and out of the special education system.  I have also assisted a handful of parents who fought against school pressure to label their children with mental health disabilities due to problems in the classroom.  The public schools and their staff often push parents to have their child evaluated by a medical professional, such as a psychologist or psychiatrist. Many parents follow through, as their child is not learning, is a problem in the classroom, or acts bad at school, and they don't know what else to do.  But is a disease really the cause?  Maybe, maybe not.

Consider these other potential causes:

1)  An undiagnosed physical disability.
2)  Nutrition/food issues.

3)  Sleep deprivation.

4)  Energy and interest in life.
5)  Poor teaching.

6)  Poor control of the classroom.

7)  Need to move around rather than sit still for 6 hours a day.

8)  Failure to understand the work in the time given.  Public schools don't stop for any student- they just move on whether the child understands or not.  When a child does not understand, they can get bored, distracted, and disinterested.

9)  Need for additional assistance with the work at school (not because of a disability, but because they just did not GET something).

10)  Teacher conflict with the student and/or a bad fit.

11)  Need for more stimulation in the classroom, such as visuals, music, movement, change.  Not all students learn best by sitting, listening, and reading.  
12)  School is not taught in an interesting way.
13)  Poor parenting- parents not working with them at home, not disciplining enough, not there.

14)  A multitude of other reasons.... other than a mental illness.

Sadly, if a student is pushed into the mental health system for the above reasons, it is not because they have a "DISABILITY," but because of something else. However, they may still be labelled as disabled and carry that crutch the rest of their lives.

Labeling a child with a psychological disorder is a BIG deal, and opens the door for drugs- drugs for behavior, drugs for attention, drugs for...control.  If Johnny sits there and no longer blurts out, the teacher will be happier, but will Johnny actually be better off?  Parents need to first consider what would help their CHILD to survive, learn, and flourish.  The school's needs are secondary.

When considering such avenues, parents should check the following sites (among others) for alternatives and information on labelling and drugging of children for alleged mental disorders:

-  Alternative Mental Health.com
-  The Block Center- alternative ADHD treatment
-  Public Service Announcements and the website of the Citizens Commission on Human Rights
-  The Psychiatric Drug Search Engine

Do it for your child.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Resist Teacher and School Pressure To Drug Your Children For Them To Attend And Be Educated

Under both California and federal law, schools CANNOT make drugging kids a condition of attending school.  This means that if a child is alleged to have "behavior issues" there is no requirement parents seek out a mind-altering substance to control them in the classroom. Despite this, there is often a LOT of pressure from school officials, teachers, etc. for parents to control a non-conforming child by use of drugs.  Prior to giving in to the pressure, PLEASE look at alternative methods of controlling behavior as described below.

Over the years, I have consulted with thousands of parents with problems in the schools. Conflict arises when a student cannot sit in their seat 4-6 hours a day without distracting other students with foot tapping, jokes, fidgeting, or other activity.  The intolerance is large and the schools have become much more focused on CONTROL of children.

Many parents, as a result, have been pressured by the schools to make their child "fit in" within the public school classrooms and their method of instruction.  Unfortunately, the typical classroom does not work for all kids.  As such, parents may hear little hints and/or direct suggestions from a child's teacher that "he may have ADHD (Attention Deficit Hyperactivity Disorder), you should get him evaluated."  Or, "he won't be able to stay in MY classroom unless he gets himself under control- have you looked into XYZ medication?"  The pressure can be intense and unrelenting.

Thankfully, there is NOTHING a school or district can do if you refuse to put your child on medication to control their behavior.  Now, when I talk about medication, I am referring to psychotropic medication.  In general terms, this is medication which is prescribed by an MD (Medical Doctor) or a Psychiatrist to purportedly handle attention, hyperactivity, mood, depression, anxiety, behavior, and other activities that are not "normal."

Before looking to medication as the "answer," consider these options:

1)  Placement in a different setting which allows for more movement, interaction, independent study, etc. -- whatever may work for your child.  There are charter schools, private schools, home schools and many options other than the public schools.
2)  Student Study Team (SST) meeting to develop a support plan for a child in regular education.
3)  504 Plan to develop reasonable accommodations to help your child BE in the classroom, for example:  frequent breaks, the ability to walk around the room or complete a task for the teacher, access to counseling with staff, etc.  There are so many accommodations which can be made if behavior is impacting school, it is unbelievable.  The student, however, has to have some sort of identified disability which impacts learning and/or other areas of existence prior to qualifying for a 504.
4)  Behavior Support Plan (BSP):  These plans may be developed in conjunction with the SST, 504, or special education.  I have been surprised with how many students with behavior problems in school have no and/or inadequate BSPs.  This is a fabulous tool to evaluate and handle behavior issues.
5)  Medical evaluation: a child may also need a full medical evaluation to discover what PHYSICAL problems may be causing behavior issues, such as allergies, vision problems, hearing problems, low thyroid, diabetes, or a myriad of other physical problems impacting behavior.
6)  Alternative Mental Health:  Parents also should consider alternatives to drugging such as listed at the site alternative mental health.com.  This site says it is "the largest site for non-drug approaches for mental health."  As psychotropic drugs may be "mind-altering" to a student and can have severe side effects, I would urge parents to look at every alternative prior to proceeding with drugs for behavior.  There may be another way.

The bottom line is that parents are in charge of their child's mental health and must help them if they have issues.  The school cannot force a parent to drug a child, and parents must be ready to resist the pressure.  You can do it!

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.