The federal government was put on notice about these restraint deaths and other psychiatric abuse in a complaint filed by CCHR in April 1998 against the governments Center for Mental Health Services (CMHS) under the Substance Abuse and Mental Health Services Administration (SAMHSA) which, CCHR said, had illegally used $200,000 of taxpayers dollars to fund a Walk the Walk march for mental illness awareness in Washington, D.C. on Saturday, May 2. In fact, the march was a promotion for mandated mental health insurance parity. Use of federal funds for lobbying activities is a violation of U.S.C. Title 18, Crimes and Criminal Procedure: Subsection 1913: Lobbying with appropriated moneys.

Having used federal money, the Walk did nothing to warn people about the violent and lethal treatment that children were being subjected to in mental institutions and that a culture of violence and terrorism exists in mental health facilities, placing anyone being admitted to them at risk.

The complaint was filed to Ms. Donna Shalala, Secretary, Department of Health and Human Services. (A separate complaint which covered general abuses but not specifically restraint deaths was sent to The Honorable John Porter, Chairman, House Appropriations Subcommittee on Labor, Health and Human Services and Education; the House Commerce Oversight & Investigations Subcommittee; House Commerce Committee; House Commerce Subcommittee on Health and Environment; House Government Reform and Oversight Committee; Chairman, House Government Reform and Oversight Subcommittee on Human Resources; Senate Governmental Affairs Permanent Subcommittee on Investigations, and the Senate Finance Subcommittee on Health Care.)

HHS did nothing about the complaint. Since then, there have been nine more deaths, including three boys aged 9, 14 and 16 years, and a 17-year-old girl.⁴

Mark Soares, 16, died on April 29, 1998, from causes undetermined. Hed been put in a headlock by a staff member, then physically restrained face down on the floor with a staffer on his back. Laura Hanson, 17, died from asphyxiation on November 19, 1998, after being restrained face down for about 10 minutes. The coroner ruled the death a homicide but no one was arrested. Mark Draheim, 14, died on December 11, 1998, from anoxia (lack of oxygen to the brain); hed been physically restrained by three staff after he became combative during a counseling session.⁵

On March 11, 1999, 9-year-old Timothy Thomas died by asphyxiation after being restrained in a basket holdthe staffer stands behind the child, whose arms are crossed at the chest, and holds onto the childs wrists. Timothy had been acting up in class and was taken to a time-out room padded with carpeted walls. Timothy appeared to fall asleep but when the youth-care worker returned to check on him, he was dead.⁶

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