Wednesday,
February 08, 2006
THREE ITEMS:
1.
PARENT’S TAO TE CHING
2.
A story on Fathers 4 Justice
3.
A long discussion on DSS
latest screw up that almost cost
a girl her life including columns,
the case itself, and other news
stories. THE NEAR DEATH OF HALEIGH
POUTRE AT THE HANDS OF DSS
ITEM 1: PARENT’S TAO TE CHING
(Click
here , or
here, to learn what
is “Tao Te Ching.”)
WORDS OF LIFE
You can speak to your children
of life,but your words are not
life itself.You can show them
what you see,but your showing
and their seeing are forever different
things.
You cannot speak to them of Divinity
Itself.But you can share with
themthe millions of manifestations
of this Reality
arrayed before them every moment.Since
these manifestations have their
origin in the Tao,
the visible will reveal the invisible
to them.
Don’t mistake your desire to talk
for their readiness to listen.Far
more important are the wordless
truths they learn from you.If
you take delight in the ordinary
wonders of life,they will feel
the depth of your pleasure
and learn to experience joy.If
you walk with them in the darkness
of life’s mysteries
you will open the gate to understanding.They
will learn to see in the darknessand
not be afraid.
Go for a slow and mindful walk.Show
them every little thing that catches
youreye.
Notice every little thing that
catches theirs.Don’t look for
lessons or seek to teach great
things.
Just notice.The lesson will teach
itself.
RINALDO’S NOTES: There is an old
adage in writing fiction, “Show,
don’t tell.” Perhaps these Words
of Life from the Tao Te Ching
teaches us so much in teaching
about God and Life. These “wordless
truths they learn from you” are
important in a child’s development.
It is from time spent with children
that “the visible will reveal
the invisible to them.”
That is why it is so important
that fathers are given time to
spend with their children—experiencing
the world, being observant, noticing
what catches their eyes, and delighting
in the ordinary wonders of life.
Your children learn love by being
loved. They learn the Great
Truths by experiencing the everyday
wonders. “Don’t look for lessons
or seek to teach great things.”
ITEM 2: A story on Fathers 4 Justice
Fathers4Justice: The Inside Story
Men's News Daily - Guerneville,CA,USA
ITEM 3: A long discussion on DSS
latest screw up that almost cost
a girl her life including columns,
the case itself, and other news
stories.
THE
NEAR DEATH OF HALEIGH POUTRE AT
THE HANDS OF DSS
The Boston Herald blasts the Department
of Social Services in this article
in today’s paper.
*****
DSS hides behind kids
By Boston Herald editorial
staff
Wednesday, February 8, 2006
Trust us, the Department of Social
Services keeps saying, whether
the case is that of a brain-injured
child or children left alone by
their dysfunctional mother.
Trust us, we’re the DSS and we’re
here to help.
Well, now we know that the agency
that was supposed to protect Haleigh
Poutre neglected her as badly
as her adoptive parents, allowing
her to suffer months of horrible
abuse. And now we know that the
agency that was supposed to protect
her wanted to remove her from
life support just six days after
she was admitted to a hospital
with brain damage.
Now hapless Commissioner Harry
Spence thinks she’s just a miracle
child, breathing on her own, picking
up toys on command. But last Sept.
19, his agency asked for court
permission to remove her from
her ventilator and feeding tube.
We know this now only because
of the court-ordered release of
a redacted brief.
What
else don’t we know about this
case? Even Haleigh’s biological
mother was forced by DSS to sign
a gag order in order to see the
child. The agency continually
hides behind its supposed need
to protect the privacy of the
children it serves, when time
after time it is merely covering
up its own incompetence.
We’re
the DSS and we’re here to help.
******
THIS IS THE ACTUAL MASS SJC CASE
WHERE THEY WERE ABOUT TO KILL
HALEIGH POUTRE.
“Sharlene” is just a pseudonym.
(Click on case name to see full
case.) I HAVE RESORED THE GIRL’S
PROPER NAME WHEREVER THE NAME
“SHARLENE” APPEARED
CARE AND PROTECTION OF HALEIGH
POUTRE.
ANOTHER IMPORTANT PART OF THIS
CASE IS THE PUBLIC RIGHT TO KNOW.
COMPARE THE MAJORITY OPINION WITH
JUSTICE SPINA’S CONCURRENCE.
NOTABLE QUOTES: “On October
5, after a closed evidentiary
hearing, which the petitioner's
counsel attended, but in which
he was not allowed to participate,
a judge allowed an emergency motion
filed jointly by the department
(DSS) and Haleigh Poutre's counsel
(joint emergency motion), requesting
an order that the child's health
care providers withdraw all life
support measures currently in
place and make no attempt to resuscitate
her on the occurrence of cardiac
or respiratory arrest (DNR order).”
RINALDO’S NOTES: Without friends
like this, who needs enemies?
Notice how these appointed lawyers
work in cahoots with DSS and the
court system?
NOTABLE QUOTE: “On October 5,
after a closed evidentiary hearing,
which the petitioner's counsel
attended, but in which he was
not allowed to participate, a
judge allowed an emergency motion
filed jointly by the department
and Haleigh Poutre's counsel (joint
emergency motion), requesting
an order that the child's health
care providers withdraw all life
support measures currently in
place and make no attempt to resuscitate
her on the occurrence of cardiac
or respiratory arrest (DNR order).
The judge further ordered that
his written decision allowing
the joint emergency motion be
impounded and released only to
the department, Baystate, Haleigh
Poutre's counsel, and Haleigh
Poutre's GAL. The petitioner challenged
the impoundment order and, after
an evidentiary hearing on October
17, the judge modified that order
to provide that his decision be
made available only to persons
connected with the case, including
the petitioner, but not to the
general public.”
RINALDO’S NOTES: This way, we
can never know just how much this
judge messed up. As Justice Spina
said in the concurrence: “If the
order to withdraw life support
is made, it is expected that the
child will not live to suffer
any stigma.”
AND SOME NOT SO PROPHETIC WORDS:
“One physician, the director of
Baystate's pediatric intensive
care unit (PICU), testified that
Haleigh Poutre suffered from a
"shear" injury to her
brain stem that caused a disruption
of nerve fibers in that portion
of her brain and resulted in irreparable
brain damage. He testified that,
after Haleigh Poutre's admission
to Baystate, her intracranial
pressure increased due to a stroke
of the entire right side, and
most of the left side, of her
brain. He further testified that
Haleigh Poutre is in an irreversible
coma. The physician explained
that, when an injury occurs to
the upper brain there are other
parts of the upper brain that
may be able to take over the function
in time. With an injury to a brain
stem, however, there is no chance
of recovering cognitive or sensate
functioning. The physician testified
that, "short of developing
the technique for a complete brain
transplant, there is no hope that
medical treatment will be discovered
in the foreseeable future which
could reverse [Haleigh Poutre's]
condition."
COURT: On October
5, the judge entered a written
decision, in which he made findings
of fact and concluded that "[Haleigh
Poutre's] dignity and quality
of life would be most respected
by withdrawing both the ventilator
and the feeding tube along with
the issuance of a [DNR] order,
with great sadness I so issue
this day." The judge also
ordered that his written decision
not be released to anyone except
Haleigh Poutre's counsel, her
GAL, the department, and Baystate.
RINALDO’S NOTES: Hey, thanks Judge.
Cause I know you really are worried
about this little girl’s privacy
when you were about to put her
16 feet under the ground.
COURT: “As counsel for Haleigh
Poutre's siblings notes, "After
the media circus surrounding the
plight of this child subsides
. . . her siblings will be left
to endure the pain of its aftermath.
All three of these children are
entitled to the protection [of
confidentiality ordered by the]
court," as required by statute
and rule.”
RINALDO’S NOTES: Whose performing
in the circus—the courts or the
media? Isn’t it important
we at least know what is going
on?
COURT: “We do not depart from
our cases that recognize a common-law
right of access to the records
of judicial proceedings, see Boston
Herald, Inc. v. Sharpe, 432 Mass.
593, 605 (2000); Commonwealth
v. Blondin, 324 Mass. 564, 569
(1949), cert. denied, 339 U.S.
984 (1950); Cowley v. Pulsifer,
137 Mass. 392, 394 (1884), nor
disagree with a decision of the
United States Court of Appeals
for the First Circuit, cited by
the petitioner, holding that the
First Amendment to the United
States Constitution may encompass
a public right of access to records
submitted in connection with criminal
cases. See Globe Newspaper Co.
v. Pokaski, 868 F.2d 497 (1st
Cir. 1989). These decisions, however,
did not involve Juvenile Court
records, which, by law, are confidential.
We conclude that the judge properly
ruled that the findings and order
of the October 5 hearing should
remain unavailable to the general
public.”
WORDS THAT ALMOST KILLED HALEIGH:
“A few final observations are
in order. Some describe this as
a case about death. It should
more correctly be described as
a case about a young girl who
has suffered tremendously from
acts of violence and cruelty and
who now will be permitted to pass
away with dignity. Haleigh Poutre's
memory will remind us, time and
again, that we, as a society,
need to do more to aid children
who are neglected and abused,
and thereby denied the care and
nurturing they so desperately
want and need. If Haleigh Poutre's
case helps other children to escape
their misery, her short life will
not have been in vain.”
Judge Spina’s
CONCURRENCE: “SPINA, J.
(concurring, with whom Cowin,
J., joins). I agree with the court's
opinion. I write separately to
call attention to an issue that
was not raised by the parties
but has a significant impact on
the public interest. The issue
is whether a judicial hearing
on a petition to withdraw life
support systems from a child should
be closed to the public simply
because it takes place in the
context of a care and protection
proceeding.
The Supreme
Judicial Court Guidelines on the
Public's Right of Access to Judicial
Proceedings and Records (2000)
begins with the following two
sentences: "Judicial proceedings
should not be shrouded in secrecy.
Access fosters informed public
discussion of governmental affairs."
The guidelines then quote Cowley
v. Pulsifer, 137 Mass. 392, 394
(1884) (Holmes, J.), where the
court said, "It is desirable
that the trial of causes should
take place under the public eye,
not because the controversies
of one citizen with another are
of public concern, but because
it is of the highest moment that
those who administer justice should
always act under the sense of
public responsibility, and that
every citizen should be able to
satisfy himself with his own eyes
as to the mode in which a public
duty is performed." This
principle is especially apt in
cases that will result, irreversibly,
in a loss of life.”
JUSTICE SPINA: “More important
is the need for assurance that
those seeking to terminate life
in fact have the best interests
of the child at heart and that
the child's best interests are
being served. The public is entitled
to know that those seeking the
orders are not trying to conceal
foul play, or that the expense
of maintaining life is not driving
the request. Although there is
not a hint of these concerns in
this case, the best way to ensure
that those involved in the petition
are in fact working toward the
best interests of the child is
to open the hearing to public
scrutiny.”
RINALDO’S NOTES: As well intended
as the court might have been,
they got it wrong, and that is
a concern about judgment.
JUSTICE SPINA:
“The need for open proceedings
is particularly compelling where
an agency of the executive branch
of government seeks to persuade
the judicial branch of government
to withdraw life support. Decisions
of this gravity, made with this
concentration of government involvement,
should be made in public. Withdrawal
of life support does not arise
solely in the context of a care
and protection proceeding. It
may arise on a petition of a hospital
in the Probate and Family Court
or the Superior Court. See, e.g.,
Matter of Rena, 46 Mass. App.
Ct. 335 (1999). Such a hearing
would be open to the public unless
closed after findings are made
conformably with the Uniform Rules
on Impoundment Procedure (2005).
There is no reason to treat these
hearings differently simply because
the Department of Social Services
is involved.”
RINALDO’S NOTES:
Kudos to Justice Spina on the
public’s right to know.
JUSTICE SPINA
INVITES RE-EXAMINATION BY LEGISLATURE:
“When care and protection proceedings
were first closed to the public
by St. 1954, c. 646, § 1, this
issue probably had not been anticipated.
The most extreme case to arise
in the twenty- four years that
followed involved an order to
provide life- sustaining medical
treatment contrary to the parents'
wishes. See Custody of a Minor,
375 Mass. 733 (1978). Medical
advances have changed the landscape
but the statute remains unchanged.
The issue warrants reexamination
by the Legislature.”
A TROUBLING
FOOTNOTE: “(2) The biological
father has been absent from Haleigh
Poutre's life and has no role
in this case.” Why?
Why after all the abuse this girl
suffered, didn’t DSS try to place
this child in her biological father’s
home?
*****
OF COURSE, WE ALL KNOW HOW IT
TURNED OUT:
Woman Claims DSS Failed To Disclose
Girl's Condition
Boston Channel.com,
USA - 1 hour ago
NewsCenter 5's Pam Cross reported
that Haleigh Poutre was hospitalized
in September 2005 with brain damage
stemming from severe abuse. ...
“BOSTON -- A woman whose daughter
was hospitalized with severe brain
injuries said Wednesday that the
Massachusetts Department of Social
Services did not disclose all
the details about her 11-year-old's
condition before she signed a
Do Not Resuscitate order.”
You can click on link of video
as well.
Biological mother of brain-injured
girl seeks role in case
Eyewitness News, Fox 12
“Avrett [Haleigh Poultre’s biological
mother] says the Department of
Social Services has repeatedly
rebuffed her attempts to become
involved in deciding how best
to care for Haleigh.”
RINALDO’S NOTES: Well, at least
DSS will clear air.
FURTHER QUOTE: “DSS spokesman
Michael MacCormack declined to
comment.”
RINALDO’S NOTES: Strike
that last remark.
Biological mother seeks role in
deciding care of brain-injured
...
WFSB, CT - 2
hours ago
BROCKTON, Mass. -- The biological
mother of an adopted, brain-injured
girl whose struggle on life support
sparked a legal battle ...
Group hits DSS lawyer in girl's
case
Boston Globe - United
States
By Patricia Wen, Globe Staff |
February 8, 2006. An advocacy
group for foster children has
filed a complaint with the state
Board ...
See all stories on this topic
“An advocacy group for foster
children has filed a complaint
with the state Board of Bar Overseers
against the chief lawyer for the
Department of Social Services,
accusing her of improper conduct
in the end-of-life case involving
Haleigh Poutre.
Susan Molina,
executive director of the Yellow
Ribbon Kids Club, said yesterday
that she filed a complaint against
DSS lawyer Virginia Peel, saying
Peel had not told the Supreme
Judicial Court that Haleigh, 11,
was starting to breathe on her
own and was showing increased
responsiveness.
That lack of
communication, Molina said, caused
the judges to issue a ruling on
Jan. 17 backing the agency's desire
to pull the child's ventilator
and feeding tube.
''The courts
are deliberating the life or death
of a child, and they didn't know
her condition had changed,"
said Molina, who asked last month
for the resignation of the DSS
commissioner, Harry Spence.
A DSS spokeswoman,
Denise Monteiro, described the
complaint against Peel as frivolous.
Daniel Crane,
bar counsel of the Board of Bar
Overseers, said he is prohibited
from confirming any complaints.
Molina, whose
group is based in Whitman, said
she does not have proof of when
Peel knew that the girl's condition
had changed. DSS officials have
said that only on Jan. 18, a day
after the SJC ruling, did they
get notice from doctors about
the improved condition.
Wendy Murphy,
a lawyer for Allison Avrett, the
girl's biological mother, who
gave up custody of the girl about
four years ago, has scheduled
a press conference for this afternoon
in Brockton to announce Avrett's
efforts to secure a legal voice
in the girl's care.”
Biological mother seeks role in
deciding care of brain-injured
...
Boston Globe, United
States - 2 hours ago
By Mark Pratt, Associated Press
Writer | February 8, 2006. BROCKTON,
Mass. --The biological mother
of an adopted, brain-injured girl
...
QUOTE: “Although Haleigh's doctors
said she would not recover from
her vegetative state, neurologists
and ethicists have said it can
take up to a year to determine
if a severely brain-injured patient
will have any chance of recovery”
Bid to end life support was quick
Boston Globe
By Patricia Wen, Globe Staff |
February 7,
2006
“The day after
the Supreme Judicial Court ruled
Jan. 17 that the agency could
withdraw life support, DSS said
Haleigh was breathing on her own
and responding to commands and
moved her Jan. 26 to a rehabilitation
hospital in Brighton. Doctors
there say her condition is stable,
and they are conducting tests
to evaluate her chances for recovery.
In the brief
filed with the Supreme Judicial
Court, which was made public at
the request of lawyers representing
the Globe and the The Republican
in Springfield, the agency outlined
its reasons for seeking a court
order on Sept. 19 to end the girl's
life.”
Documents detail diagnosis of
girl in 'right to die' case
The SPRINGFIELD Republican
Tuesday, February 07, 2006
By MIKE PLAISANCE
A RINALDO “MUST READ”
NOTABLE QUOTE: “SPRINGFIELD -
Within a week of her hospitalization
from alleged beatings, 11-year-old
Haleigh Poutre suffered a massive
stroke and "had no hope of
recovery," according to court
papers released by the Massachusetts
Supreme Judicial Court yesterday.
The legal brief filed by the state
Department of Social Services
also showed that the agency sought
an order to remove the Westfield
girl from life support five days
after gaining custody of her on
Sept. 13.
The documents were released by
the court following legal arguments
from The Republican, which argued
that the life or death decision
before the court should supersede
laws calling for the impoundment
of juvenile records.”
“Since the court upheld the agency's
right to remove her from life
support, the girl has shown enough
improvement to be moved to Franciscan
Hospital for Children, a rehabilitation
center in Boston. A day after
the court's Jan. 17 decision,
DSS said the girl had shown some
improvements, including at times
breathing without a ventilator,
while other reports described
her as seemingly following commands
to move her hand and following
objects with her eyes.”
MA State Government Asked To Take
Girl Off Life Support All
Headline News
Not Dead Yet Seeks Probe of Haleigh
Poutre Case
North Country Gazette, NY -
Feb 5, 2006
“Not Dead Yet, the national disability
rights group, is calling for an
investigation into what they characterize
as the "shoddy medicine"
that led to a court order for
the removal of life-support from
11-year-old Haleigh Poutre just
days after her admission to Massachusetts'
Baystate Medical Center with a
severe brain injury. She is now
responsive and interactive four
months after being declared "virtually
brain dead" and in an "irreversible
coma."
Poutre's mother ran home day care
The Republican, MA -
Feb 4, 2006
“WESTFIELD - The late Holli
A. Strickland ran a state-approved
day care center in her home in
2001 even as complaints that her
adoptive daughter, Haleigh Poutre,
was abused and neglected began
trickling into the state Department
of Social Services.”
A RINALDO “MUST READ”
OUR VIEW: The tragedy of Haleigh
Poutre
The Patriot Ledger, MA -
Feb 1, 2006
By The Patriot Ledger. The case
of Haleigh Poutre is one of the
worst to emerge from the Department
of Social Services in years. ...
Haleigh Poutre is Conscious but
not Safe
ProLife Blogs - Feb
2, 2006
Haleigh Poutre was given a death
sentence by doctors who said she
was "virtually brain dead"
and in a "hopeless"
state of "persistent vegetation".
