The group says the DCF is retaliating over a report about the rates of drugged state foster children.
By Associated Press
Published September 28, 2003
TALLAHASSEE - A watchdog group created by the Legislature to help disabled and vulnerable Floridians is accusing the state Department of Children & Families of retaliating for its report on drugged foster children.
The Statewide Advocacy Council issued an analysis of DCF records this month indicating that more than half of the state's emotionally disturbed foster children were prescribed mind-altering medication, and nearly half of them had no medical evaluation. Seventeen were 5 or younger.
After that analysis, the agency stopped sharing records with the panel for the first time in 28 years. DCF attorneys also have begun screening all calls to the council's toll-free complaint line.
Craig Rappel, incoming chairman of the Statewide Advocacy Council, said his oversight group would "absolutely" have been unable to conduct its drug study if the current restrictions had been in place.
"My personal opinion is that it does appear to be some type of retaliation against us for doing what the Legislature has asked us to do," Rappel said.
Alia Faraj, a spokeswoman for Gov. Jeb Bush, said the new restrictions were designed to protect confidential medical records and not to shield the agency.
This month, DCF asked the U.S. Department of Health and Human Services to say whether releasing information to the council or its affiliates would violate new confidentiality requirements in the federal Health Insurance Portability and Accountability Act.
"Someone is trying to hide the facts," said state Sen. Walter G. "Skip" Campbell, a Tamarac Democrat who has tried twice to curb the use of psychiatric drugs among children in state care. "They don't want us to know what is actually happening to kids in foster care."
Last month, a Fort Myers judge ordered DCF to give files on several foster children to a member of the area council. The agency is appealing.
An Aug. 21 memo from DCF's general counsel's office put off limits other information, including portions of child abuse reports, food stamp and cash assistance records and criminal histories available from the Florida Department of Law Enforcement.
In the past, hotline complaints were received by a DCF staffer and passed to the council. Now DCF lawyers are reviewing them first.
Bill Spann, a DCF spokesman, said Secretary Jerry Regier would not tolerate any meddling by DCF attorneys with hotline complaints.
The statewide council and 15 area versions were created by the Legislature in 1975 to watch out for people who are too disabled or frail to protect themselves. Members are appointed by the governor and have broad powers to investigate complaints against state agencies.
DCF's supervision of foster children has been under intense scrutiny since the agency lost Rilya Wilson, a 4-year-old Miami girl in its care, in January 2001.
To report problems
The council hotline for complaints against state agencies is 1-800-342-0825.
