Hospitals
& Asylums
Certiorari for the
U.S. 7th Circuit
Court of Appeals
219 S. Dearborn Street Rm. 1120, Chicago, IL 60604
$5 “Bodzin
v. Valle Vista LLC” U.S. D.C. S. Indiana 02-C-0577(Judge John Tinder)
Hospitals & Asylums
Tony Sanders, step-brother
Alexis Bodzin, graduate
patient
Winona
Gaydos, mother
Relator appellees
v.
Janet
Corson JD, Director
Department
of State, Family & Social Services Administration
Division
of Mental Health and Addiction
402 W. Washington St. RM. W353, Indianapolis, IN
46204-2739
&
Valle
Vista LLC, Psychiatric Hospital
David D. Becsey, Valle Vista LLC & Zeigler, Cohen
& Koch, 9465 Counselors Row, Suite 104, Indianapolis, IN 46240
&
Indiana
Developmental Training Center
Aubrey Whitworth. 3700 Rome Dr.,
Lafayette, Indiana 45905
Respondent Appellees
Indiana Poor Relief
Alexis Bodzin
Interstate Kidnapping
Judge Mental Health
Indiana Policy Directions
Poor Relief Administration
Yearbooks (PRAY)
Legislative Footnote
I.
Alexis Bodzin[1]
The State of Indiana is hereby requested to pay
Hospitals & Asylums $50,000 in behalf of Alexis Bodzin, a 19 year old
female who was unlawfully restrained at both the Indiana Developmental Training
Center and Valle Vista LLC compliments of Montgomery County Children’s Services
Ohio Child Support Enforcement 42USC(7)§666, that is being appealed from Hospitals & Asylums v. Valle Vista LLC
U.S. District Court for the Southern District of Indiana Indianapolis Division 02-C-0577(T/K)
May 16, 2002- September 11, 2002 when she was forcibly and secretly
transferred to Indiana Developmental
Training Center in Tippecanoe County, Indiana. She was last seen in the
custody of her step-mother, the author’s mother, by our Aunt Sheila in
California.
The state may be
reimbursed by fining these hospitals
for malpractice insurance and should improve supervision with Poor Relief
Administration Yearbooks (PRAY) IC-12-20-28.
It should take no longer than 28 days for a Hospitals or Asylum to
respond to such a request from the state of Indiana or any other person with a
complete census of their facility and interviews with patients. Psychiatric facilities are best remedied
with Social Services Block Grant 42USC(7)XX, communication and visitation
enforcement under 21USC(13)§842B. Child
support sanctions to psychiatric hospitals 42USC(7)IV-D who maintain a policy
of non-response or confidentiality regarding the bodies of kidnapping victims
to their family 18USC(55)1201kg.
Allowance is mandatory for all poor psychiatric patients who are
qualified for Social Security disability funds as the result of their
psychiatric diagnosis under 42USC(7)§421.
Institutions are recommended to write a will of their own and pay all of
their residents allowance from profits derived from such sources as HMO,
Medicaid, Social Services Block Grant, Housing Assistance Program that can be
administrated as Poor Relief under IC-12-20 by the county auditor. With some
concessions for liberty such as day passes, allowance and compliance with the Law Enforcement Code of Conduct[2], Declaration of Protection of All People from Enforced
Disappearances[3], Convention against Torture and Other Cruel or Degrading
Punishment or Treatment[4] and Standard Minimum Rules for the Treatment of Prisoners[5]
These
institutions can be integrated into the county treasury when they can
demonstrate that they are competent to pay the poor and release their prisoners
to relatives under 24USC(9)§326 and should be competent to pay for
transportation under 24USC(9)§329.
We pray that the
7th Circuit Court of Appeals will follow the precedent set in Freeman v.
Stateville Correctional Center 7th CCA (2000) No. 99-2825 that was successful in freeing Freeman and Constitutional Mental Health Commission v.
Pauline Warfield Lewis Center 6th CCA (2000) No. 00-4185 that
declared “Peace on Warfield” by changing the name of the 182 year old state
mental institution to Summit Behavioral Health,
(1) Upholding the International Declaration of
Protection of All People from Enforced Disappearances
to release records of Alexis Bodzin.
(2) Suing
the State of Indiana for $50,000 to address the habeas corpus relief
discrimination occurring at two psychiatric hospitals under 42USC(21)§2000d.
(3) Enforcing
Indiana Poor Relief
Administration Yearbooks (PRAY) IC-12-20-28
(4) Reviewing Indiana Poor Relief statutes and
applying them to reporting institutions.
II. Interstate Kidnapping
On
April 16, 2002 Janet Corson, JD Director of the Indiana Division of Mental
Health and Addiction recognized Ms. Bodzin as a habeas corpus held at Valle Vista LLC, a Psychiatric Hospital in
Greendale, Johnson County, in a letter.
Linda Dupont, her regional representative, informed us that the hospital
would not let the state of Indiana communicate with Alexis Bodzin. The failure to report is attributed to the
written order of Kappie Hickman whose Special Placement operation is being held
liable for corporate dissolution in Hospitals
& Asylums v. Montgomery County Children’s Services Ohio 2nd
Judicial District Court of Appeals 02-CA-0003 by renaming the corporation
to Social Program Division and restraining it to the territorial jurisdiction of
Montgomery County Clerk RC§2725.03 in retaliation for sending prisoners out of
state R.C §2725.25&27.
Alexis Bodzin attempted to commit suicide
shortly after being transported to the state of Indiana around the time of the
9-11 bombings from the Middle Eastern owned Oesterlen Services that has been
filed as Hospitals & Asylums v.
Oesterlen Services for Youth Ohio 2nd Judicial District Court of
Appeals 02-CA-0003. The Interstate
Child Custody Jurisdiction Act at IC 31-17-3-1 [6]
states as its purpose in A-1, “to avoid jurisdictional competition and conflict
with courts of other states in matters of child custody which have in the past
resulted in the shifting of children from state to state with harmful effects
on their well-being”. We do not wish
Alexis to become another child support death statistic as described by the
Family Court Judge Fitzky at the International
Conference on Therapeutic Jurisprudence (2002) who confessed, “many
children die in custody”. We pray that
the court will grant habeas corpus relief with a trial of the Mental
Institution Relative Release Order Request (MIRROR) that will liberate her from
deprivation of her I Amendment rights under color of law 18USC(13)§241 ensuring
communication and visitation with her extended family who offer her several
homes that she may consent to move into as quickly as 2 days from making the
decision under 24USC(9)§326. The institution should grant her transportation
funds under 24USC(9)§329.
III.
Judge Mental Health
Private psychiatric hospitals and state mental
institution have become increasingly criticized since the National Institute of
Mental Health (NIMH) began to restore order in the 1950’s by taking the census,
successfully reducing the mental health inpatient population from 550,000 in
1948 to 250,000 in 2000. The state of
Ohio appears to have a much more highly developed plan for mental health than
the state of Indiana. Since the 1988
Ohio Mental Health Act the trend has been to promote county control of private
psychiatric hospitals and state mental institutions to simplify the transition
of the psychiatric hospitals to community centers Hospitals & Asylums v. Hamilton County Community Board of Mental
Health Ohio Southern District Court C-1-02-862 and improve access to
community based care as directed by E.O. 13217 Community Based Alternatives for
Individuals with Disabilities. Mike
Hogan Phd the director of the Ohio Department of Mental Health (ODMH) at the
Ohio conference on the Surgeon General’s Report on Mental Health in 1999
stated,
“ODMH
has consensus to close all state mental institutions and private psychiatric
hospitals in favor of community mental health.”
The World Health Organization (WHO) seconded the
motion in their 2001 WHO Report on Mental Health in slightly different terms,
condemning large asylums and psychiatric hospitals that are not part of a
general hospital psychiatric ward.
General hospital psychiatric wards tend to honor the short times of
Hospitalization of Mentally Ill Nationals Returned from Foreign Countries 24USC(9)§326 that sets forth a 2 day
release to a relative that may be extended to no more than 5 days if the
hospital appeals to a competent judicial authority this right may not be
abridged by the laws of any state.
State Mental Institution Legal Education (SMILE) Telemarketing Fraud 18USC(113A), Terrorism 18USC(113B),
and Torture 18USC(113C) by
psychiatric hospitals create a great demand for the enforcement of habeas
corpus class actions to prevent cruel and unusual treatment determined by
Heller v. Doe 509 U.S. 312 (1993) and promote the civil rights to vote and
contract as ordered by Steele v.
Hamilton County Community Mental Health Board, No. 99-1771 (Ohio Supreme Court
10/18/2000)[7]
Welcome Everybody (WE) 18USC(55) §1201
kidnapping g (kg): Mothers, fathers,
spouses, brothers, sisters, aunts, uncles, grandparents, friends, children,
legal custodians, medical custodians are all qualified guardians who must be
permitted to communicate and visit and should be encouraged to administrate
wealth equitably by will, trust or class action 24USC(10)§420.
Hospitals & Asylums (HA) must uphold the Mental Health Bill of Rights 42USC(102)§9501 Ai, D Ai- Right to treatment that most promotes liberty and health
ii- Right to informed consent D- right to refuse a mode of treatment. Institutions should do their utmost to
uphold their patients and prisoners I Amendment rights to writing supplies,
mail, telephone, visitors, Internet, reasonable allowance, medical, legal and
burial costs for the poor under the Equal Eligibility provisions of IC 12-20-5.5-2.
Honorable Institution (HI) courts and state agencies must be competent to provide
habeas corpus, “you have the body” relief to upon request of an Application for
a Writ of Habeas Corpus under 28USC VI(153)§2243
that sets forth a short investigation in search of medical and legal records of
anybody held in a correctional or benevolent institutions whereby the court,
agency or individual issues a request for the records of a patient that should
be responded to within 20 days whereupon the court, agency or institution may
hold a trial in as little as 5 days to determine if release is possible. Failure to comply with record requests and
trial appearance requests in a timely fashion results in the issuance of
summary judgment against the kidnapping institution as follows Non-report fine $10,000, Refusal of entrance fine $25,000, Torture fine $250,000,
21USC(13)§842C,B,A,5,6,11
Poor Relief Administration Yearbook (PRAY) To ensure that Hospitals & Asylums are publicly
regulated and integrated into the community all such institutions should maintain
a list of the Names, social security numbers, convictions, diagnosis, date of
birth, previous addresses, new addresses and proof of payment of all staff and
patients as a public report monitored by the county auditor administrating Poor
Relief IC-12-20-28.
Alleged Mentally Ill (AMI) are entitled to supplemental security income under
42USC(7)§421 and unobstructed access to community based care close to their
family under Olmstead v. LC 527 US 581 (1999).
De-institutionalization creates a demand for class actions whereby the
institutions pay daily allowance to permit patients the day without flight risk
and county programs to pay for group homes and shelters to reduce
hospitalization to the extent that the buildings can be used as community
centers.
Addicted Mentally Ill Narcotic Addict Rehabilitation Act
42U.S.C.(42)II§3413 provides for
up
to 30 days civil commitment for narcotic addicts and 42 months free substance
abuse treatment by a psychiatrist and medical doctor in lieu of
incarceration. Diagnosed addicts are
eligible for supplemental security income under 42USC(7)§421.
Drug Courts are recommended
to relieve the burden on the justice system and it is recommended to seize
psychiatric hospitals to integrate short term drug treatment.
Children’s Allowance Trust (CAT) 42USC(7)IV-D §666 state child support enforcement is a
$19.9 billion market billing former spouses for the care of their children in
behalf of the parent or caregiver of the child. To prevent interstate kidnapping and extortion by children’s
services child support funds to psychiatric hospitals should be blocked. To
avoid the corrupt services of state child support enforcement it is recommended
to settle child support in the bank with a fiduciary account to pay for the children’s
allowance and college fund §100 Banking Law.
IV. Indiana Program Directives
The state of Indiana has been
focusing on community integration of people with disabilities by increasing
funding for community programs and closing institutions and developmental
training centers. In 1992 Central State
Hospital was closed and in 1997 and 1998 two developmental centers were closed
and there are 500 fewer institutional beds today. Olmstead v. LC 527 US 581 (1999) ensures that the treatment of
mental illness occurs in the least restrictive environment within integrated
settings in the community and is the foundation of contemporary mental health
policy. There are currently an
estimated 74,000 people receiving outpatient treatment for mental disability
and 4,400 receiving community services in their own home. In support of Olmstead in 1999 the state
legislature appropriated $37 million to assist 1300 people in risk of going to
an institution that year 23 long term patients were released as the result of Governor
O’Bannon’s E.O. 00-25 [8].
To implement the decision Indiana’s Comprehensive Plan for Community
Integration and Support of People with Disabilities was drafted in 2001.
Policy
Directive #1 Consumers have the right
to live and work in the location they prefer with the appropriate supports and
services. Individual budgets should be
maximized rather then providers.
Policy
Directive #2 information on funding and
services must be made readily available to people with disabilities.
Policy
Directive #3 support the informal
network of families, friends, neighbors and communities in that help disabled
people as caregivers.
Policy
Directive #4 strengthens quality assurance,
complaint systems and advocacy efforts to ensure a quality system. We need to
make sure that people are getting the services that they need in a respectful
and complete manner and a system to complain about inefficiencies and
corruption within the system.
Policy
Directive #5 to increase capacity for
high quality care by strengthening the service delivery system.
Policy
Directive #6 to meet the
needs of current and future numbers of persons with disabilities needing
supports and services so they can live and work in communities, the pool of
workers with sufficient skills and training needs to significantly increase[9].
To implement these directive
grants including the Real Choice Systems Change Grant, the Nursing Home
Transitions/Access Housing 2001 Grant and the Community-Based Personal
Assistance Grant are designed to promote community integration by balancing the
administration of funds between community, consumer, family/caregiver and
provider support. Ultimately funding
for case management and individuals should make community centers out of
psychiatric institutions.
V. Poor Relief Administration Yearbooks (PRAY)
Poor Relief IC-12-20 offers
to bring equality to Social Security in the state of Indiana and is best begun
as an allowance program in psychiatric hospitals that can be expanded into a
community integration program when they demonstrate competency with records and
reports IC-12-20-28. Poor Relief
remains to be administrated and Indiana continues to be reliant upon the Social
Security office that often requires the representation of the Attorney General
to make their payments. When trust
funds have been budgeted and the hospitals Staff Patient Yearbook (SPY) for the
public they will be ready to receive Social Security. When all Hospitals & Asylums in a specific voting republic
have been gathered they can appeal to the board of elections in the township or
county to fund the Poor Relief Administration Yearbook (PRAY) in co-operation with
the county treasurer and auditor to supplement SSI, Medicaid , Medicare &
SCHIP funds with local taxation budgeting for all the poor in the community and
promoting literacy through rational basis payment of law and equity
42USC(7)301a-1.
IC
12-20-5.5-2 Equal Eligibility
Extends
the non-discriminatory administration of Supplemental Security Income 42 U.S. Code Ch.7 Sec.301a to cover all individuals
irregardless of age, race, sex, disability, condition of servitude or belief
making less than the $740 per month, per capita poverty guidline. Should an individual wish to work they would
continue to eligible until their income was greater than $740 for 6 consecutive
months.
The Belmont Report. “Ethical Principles and Guidelines for the Protection
of Human Subjects of Research” published by The National Commission for the
Protection of Human Subjects of Biomedical and Behavioral Research on April 18,
1979 determined that consideration should
be given to justice to determine the basis of which burdens and benefits
relevant to property shall be most equitably distributed amongst a class action
recognized under Title IV Fed. Civ R. 23.
Settlements should be judged on the rational basis of their compliance
with the 14th Amendment equal protection of the law to administrate
fines and taxation to alleviate the burdensome 8th Amendment
Prohibition of cruel and unusual
punishment in co-operation with legislative administration of Welfare under
Article 1 Sec. 8 of the U.S. Constitution to ensure…
(1) to each person an equal share,
(2) to each person according to individual need,
(3) to each person according to individual effort,
(4) to each person according to societal contribution,
and
(5) to each person according to merit.
IC
12-20-5.5-4 Minimum Requirements of Indiana Poor Relief Trustee
Sec. 4. (a) Poor Relief
Trustees are expected to assist no less than 52 families per year and submit an
annual report under IC 12-20-28-3.
(b) To ensure minimum accessibility, a township trustee operating a poor relief
office in a township with a population
of at least ten thousand (10,000) shall provide scheduled office hours for poor
relief and staff each office with an individual qualified to:
(1) determine eligibility; and
(2) issue relief sufficient to meet the poor relief needs of the township.
(c) To meet the requirements of subsection (b), the township trustee shall do
the following:
(1) Provide poor relief office hours for at least fourteen (14) hours per week.
(2) Provide that there is not more than one (1) weekday between the days the
poor
relief office is open.
(3) Provide for after hours access to the poor relief office by use of an
answering
machine or a service:
(A) capable of taking messages; and
(B) programmed to provide information about poor relief office hours.
(C) knowledgable of the names and
addresses of all poor relief recipients.
(D) willing to grant people
free post office service.
IC
12-20-7-1 Disclosure Requirements (DR)
Consent
to Disclosure of Personal Information is consistent with Federal Government
Standards established in 45CFR46 Protection of Human Test Subjects[10].
IC
12-20-21-3 Taxation and Fines to Maintain Requirements of the Township
IC 12-20-28 Chapter
28. Records and Reports
The Poor Relief Trustee shall keep a public record
explaining the total and per capita…
(1) the total
number of claims for relief
(2) the per capita
and total expenditure in poor relief
(3) the per capita
and total expenditure per capita in housing relief
(4) the per capita
and total value of food assistance
(5) the total number and per capita cost
cremations and burials
(6) The total number of nights shelter
granted to the homeless
(7) The total number of job placements found
for poor relief recipients