When they begin to torture the trees: State violence against people living with disabilities

Two stories, one in England the other in the United States, speak to the torture to which people living with disabilities are subjected, all in the name of justice. In England, a Black, 17-year-old, non-verbal British boy, a child who had never left England, was identified by the police as Nigerian and sent to immigrant detention, to prepare for deportation. In the United States, Kelly Masten, 38-years-old, has the mental capacity of a six-year-old. Kelly Masten is also non-verbal. Her grandmother called the police to ask for help. The police came, took Masten away, not to the hospital but to jail, where she stayed for ten days. When she finally was sent to hospital, she was in a coma and covered in bruises.

The English story is that a Black, 17-year-old, non-verbal British boy was in hospital in Kent. He ran away, apparently made it to Manchester, where the family used to live, then turned around to return to London. Without money, papers, shoes, phone. He was picked up on the train, for fare violation. The police took him and, according to their report, `interviewed’ the non-verbal Black child who `informed’ them he was Nigerian. And so of course they flipped him over to immigration. Of course. The non-verbal child, who had never spoken in his life, spoke to the police and told them he is Nigerian, the non-verbal child who had never left England.

The United States story is that Kelly Masten, 38-years-old, with the mental capacity of a six-year-old, and non-verbal, bit her grandmother, who is her legal guardian. Her grandmother called 911. The police arrived, assured the grandmother that, after a medical examination, her granddaughter would be taken to John Peter Smith Hospital, in Fort Worth, Texas. She wasn’t. Instead, Kelly Masten was dumped in the `notorious’ Tarrant County Jail. The grandmother told the police that Kelly Masten suffers from a condition that causes violent seizures and that she had to take her medications regularly. The police said they would make sure. They didn’t. When Kelly Masten refused her medication, the staff said, “Fine.” Ten days later, when she finally went to the hospital, covered in bruises, she was in a coma. Kelly Masten is, today, in a coma.

The boy’s mother and sister are furious. The woman’s grandmother and sister are furious. The State claims,  on one hand, nothing wrong really occurred, and, on the other hand, it was an unfortunate but solitary failure. There was no failure. There is a practice of torture. Black, nonverbal child shows up, clearly in distress … send him to Nigeria. Nonverbal adult woman shows up in distress … send her into a coma.

Alice Walker saw this, in her poem aptly entitled, “Torture”

Torture

When they torture your mother
plant a tree
When they torture your father
plant a tree
When they torture your brother
and your sister
plant a tree
When they assassinate
your leaders
and lovers
plant a tree
When they torture you
too bad
to talk
plant a tree.
When they begin to torture
the trees
and cut down the forest
they have made
start another.”

Who will finally start another forest?

(By Dan Moshenberg)

(Image Credit: Jenny Hozer / MoMA)

What is left: after solitary confinement in schools

Prison is a bad place for children. Solitary confinement is worse yet. Extended solitary confinement is lethal. These are not surprising statements, and the news that underwrites them, though dismaying, is not particularly shocking.

Immigration detention centers in the US, such as the Eloy Detention Center in Arizona, run by Corrections Corporation of America, or the Reeves County Detention Center, run by GEO, are lethal, fatal black holes for all residents. Joe Arpaio’s jail in Maricopa County is only the best known example of humiliation and terror against all Latinas and Latinos, irrespective of status, and which results in increased anxiety and mental health problems for Latina and Latino children.

And it is estimated that more than 60 of those held in Guantanamo were under 18 when they were arrested and sent to Cuba.

In England, Yarl’s Wood Immigration Removal Centre is so terrible for children that the entire nation is now considered unsafe for children of immigrant parents, including those seeking asylum and refuge. The place literally drives children mad.

Juvenile centers in the United States report that sexual abuse of prisoners, by other prisoners and, more, by staff, is off the charts. In 2008 – 2009, in more than a few juvenile detention centers, a recent study suggested that nearly one out of every three prisoners suffered some sort of sexual abuse.

When children go to prison, how are they educated? According to some, they’re not at all. California is being sued in a federal class action case for failing to educate youth in their `probation camps.’

These are terrible and tragic and all too familiar. Prison is a bad place, after all. Bad things happen.

Those bad things that happen to children are not restricted to prisons. Take “seclusion rooms”, for example: “Seclusion is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. This includes situations where a door is locked as well as where the door is blocked by other objects or held by staff.”

This happens in schools all over the United States.

In the state of Georgia, public schools have “seclusion rooms,” solitary confinement cells. The doors are double bolted on the outside: “Seclusion rooms are allowed in Georgia public schools provided they are big enough for children to lie down, have good visibility and have locks that spring open in case of an emergency such as a fire. In 2004, Jonathan King, 13, hanged himself in one such room, a stark, 8-foot-by-8-foot “timeout” room in a Gainesville public school.” Time out. When schools put children into solitary confinement, what time is left?

What is left for Jonathan King’s parents, so many years later? Pain, anguish. Only now is Georgia finally responding by considering a law that protects all students from seclusion and restraint. It only took the State legislature six years … equal to almost half of Jonathan King’s entire life.

In May 2009, the Missouri state legislature passed a law giving the school districts two years in which to devise written policies governing the use of seclusion rooms. Before that, there were no policies, only the practice of solitary confinement of school children without a single written guideline or rule. This is now an issue in the upcoming GOP primary for State Senate. One candidate sees restrictions on solitary confinement of children as a violation of local sovereignty.

Florida state legislators are also considering a bill to restrict the use of restraint and seclusion. There are seclusion rooms all over the state school system, from elementary on up. Up til now, there has been no written policy.

Not surprisingly, solitary confinement is of particular concern to parents of children living with disabilities. Here are two stories from Florida:

When a twelve year old girl with autism repeated names of movies, shoved papers off her desk or waved her arms and kicked her legs toward approaching teachers, they responded by grabbing the eighty pound girl, forcing her to the ground and holding her there. This happened forty-four times during the 2006-07 school year.  She was held once for an hour, and, on average, twenty-two minutes at a time.  At least one incident left her back badly bruised.

When a seven year old girl, diagnosed with autism and bipolar disorder had her head pushed to the floor, the parents discovered several other frequent inappropriate uses of restraint and seclusion. The county where they live leaves it to individual schools to write their own policies on restraint or seclusion use.

These come from a 2009 report issued by the National Disability Rights Network: School is not supposed to hurt: Investigative Report on Abusive Restraint and Seclusion in Schools.  The stories come from all over the United States.

On the cover is the picture of a lovely, smiling seven year-old girl, from Wisconsin:

A seven year old girl was suffocated and killed at a mental health day treatment facility when several adult staff pinned her to the floor in a prone restraint.  This child, who was diagnosed with an emotional disturbance and Attention Deficit Hyperactivity Disorder, died because she was blowing bubbles in her milk and did not follow the time-out rules regarding movement.

Greenfield School District, outside Milwaukee, Wisconsin, applied to use Federal stimulus funds to build seclusion rooms in elementary and middle schools. The Wisconsin Department of Public Instruction recently rejected the application, instructing all school districts in the state that stimulus funds and special education funds not be used for that purpose. Greenfield is disappointed.

School is not supposed to hurt. It’s not only the children sent to isolation who suffer. What are the other children in the classrooms, in the hallways, in the school offices, who witness these acts and know of these rooms as part of the norm, what are they being taught? What becomes of a generation of child witnesses to torture?

 

(Video Credit: Vimeo/StopHurtingKids.com)

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