Mandated Reporter: penalties, liability, crime abuse and much more!

What is a Mandated Reporter?

Mandated Reporters are persons who, as a result of their profession, are more likely to be aware of abuse or neglect of persons with disabilities. Mandated Reporters are required by law to report cases of suspected abuse to the Disabled Persons Protection Commission (DPPC) when they have a suspicion that a person with a disability is suffering from a reportable condition of abuse or neglect. Other persons who are not mandated to report may choose to file reports of suspected abuse.

Am I liable if I make a report and it is not substantiated?

No.  Those persons making a report in good faith are protected from liability.

What are the penalties for not making a report?

A person who is required to report child abuse and who fails to do so has committed a crime.  Penalties vary by state.  Your state law defines the type of crime as well as imprisonment and/or any fines imposed.

Why don't people report suspected abuse?

There are many reasons why adults don't report and some of these reasons have been brought to light with recent cases that are receiving widespread media attention.  Possible reasons people fail to report include:

• Confusion about reporting responsibilities as a mandated reporter
• Don't know the warning signs of abuse
• Don't want to get involved
• Fear of being wrong
• Fear of reprisal by family or community
• Fear of damaging reputation 

Who are Mandated to Report?

• person employed by a private agency providing services to persons with disabilities
• physician
• medical intern
• hospital personnel engaged in the examination, care or treatment of persons
• medical examiner
• dentist
• psychologist
• nurse
• chiropractor
• podiatrist
• osteopath
• public or private school teacher
• educational administrator
• guidance or family counselor
• day care worker
• probation officer
• social worker
• foster parent
• police officer

Guardianship Laws need to be changed. Please share!

Post by Guardianship Laws.

Please sign the petition: #FREEJimmy!

Parental Alienation

Parental alienation is a social dynamic when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible.^[1] These feelings may be influenced by negative comments by the other parent or grandparents, generally occurring due to divorce or separation. Characteristics, such as lack of empathy and warmth, between the rejected parent and child are other indicators.^[2] The term does not apply in cases of actual child abuse, when the child rejects the abusing parent to protect themselves.^[3] Parental alienation is controversial in legal and mental health professions, both generally and in specific situations.^[4][5] Terms related to parental alienation include child alienation, pathological alignments, visitation refusal, brainwashing, pathological alienation,^[6] the toxic parent and parental alienation syndrome^[7] though the last term is a specific formulation of a medical syndrome proposed by psychiatrist Richard Gardner that is not well accepted.<sup>[8]

Please take a moment and sign the petition to #FREEJimmy and all those affected by alienation and guardianship abuse!</sup>

And the truth is revealed about WCDC restricting us..

 

WCDC in Washington, IA has not allowed anyone from our family to contact Jim or to visit with him during work hours and have threatened us with trespassing for being on their 'property'. 

This is horrible and Jim should be able to see and speak to any of us at his own will. If you agree with this being political unjust sign the petition!

What is an Intellectual Disability?

What is an Intellectual Disability?  

Please sign the petition to #FREEJimmy!

Intellectual disability is a term used when a person has certain limitations in mental functioning and in skills such as communicating, taking care of him or herself, and social skills. These limitations will cause a child to learn and develop more slowly than a typical child.

Children with intellectual disabilities (sometimes called cognitive disabilities or, previously,  mental retardation) may take longer to learn to speak, walk, and take care of their personal needs such as dressing or eating. They are likely to have trouble learning in school. They will learn, but it will take them longer. There may be some things they cannot learn.

What Causes an Intellectual Disability?

Doctors have found many causes of intellectual disabilities. The most common are:

• Genetic conditions. Sometimes an intellectual disability is caused by abnormal genes inherited from parents, errors when genes combine, or other reasons. Examples of genetic conditions are Down syndrome, fragile X syndrome, and phenylketonuria (PKU).
• Problems during pregnancy. An intellectual disability can result when the baby does not develop inside the mother properly. For example, there may be a problem with the way the baby’s cells divide as it grows. A woman who drinks alcohol or gets an infection like rubella during pregnancy may also have a baby with an intellectual disability.
• Problems at birth. If a baby has problems during labor and birth, such as not getting enough oxygen, he or she may have an intellectual disability.
• Health problems. Diseases like whooping cough, the measles, or meningitis can cause intellectual disabilities. They can also be caused by extreme malnutrition (not eating right), not getting enough medical care, or by being exposed to poisons like lead or mercury.

An intellectual disability is not a disease. You can’t catch an intellectual disability from anyone. It’s also not a type of mental illness, like depression. There is no cure for intellectual disabilities. However, most children with an intellectual disability can learn to do many things. It just takes them more time and effort than other children.

For more informaton visit: NICHCY (National Dissemintion Center for Children with Disabilities)

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Losing Patricia

Hi Misty, 

First let me say Happy Belated Birthday!!! On and off yesterday I remembered it was your special day, and was gonna tell you then, but kept getting side tracked or my phone would screw up. Sorry... Anyway, congratulations on being a Leo like myself. Aug 15th. I'm not really homeless by definition, just in a live-in program for Vets who have issues with #PTSD or mental health problems. It's going well, and I'm staying positive. It's a 90 day gig and will help me deal with the #trauma of losing Patricia to kidnappers, and the ongoing pain of her forced isolation from me. it's grief without closure. Lots of justifiable anger, loss, and loneliness. I became suicidal for a period. They forced her to deny me, and we were as in Love as 2 people could ever be... It kills me she's only 15 min. away and I can't see her or call her because of lies they told the police about me. It's all bullshit!!! Now... I seek justice for her and all order including your brother. Patricia is a lost cause now. The damage is done. The creatures will stop at nothing to get me out of the way, and it's a big reason why I'm here right now. I would NOT put it past them to have me killed! They did destroy my job by putting a hired mole in my life to gain my trust only to use it against me later. I have evidence on them and they don't like it. When I say them, I mean the guardian, judge, lawyers, #APS, and ALF owner and staff. One being the mole. I became friends with her om Boomers. I'm not of them anymore because they're the ones breaking laws, not me. They lie, exploit, extort, kidnap, and even MURDER innocent people because of pure greed. Insects have more compassion. They are the ones who need to be scared. That's why they want me to disappear. We'll get them, and my prayers are with you as you fight to bring Jimmy home with you soon where he belongs.

Have a Lovely post birthday my friend!

Love, 

Daniel

Meet Alex: A letter from his sister Emily.

Hi there Misty, my name is Emma. I may not have the same situation going on, but I dealt with a similar situation that you're going through with my brother Alex. Alex was diagnosed with high functioning autism and ADHD when he was 7 years old. He's been struggling with it ever since. He had been in a group home since he was 18 (NOT mine or his choice, but my mom's. She realized it was a BIG mistake). He will be 23 in November this year. The caretaker of the home Janelle, seemed nice at first. However, after a couple months she stopped taking our phone calls and claimed she didn't know how to work the answering machine! We hardly saw my brother because she said he was being hostile. When we eventually saw him, he had gained 70 lbs in a matter of 3 months and was on so many different medications that he really looked like a zombie. It was heartbreaking for me, I love my brother and have always stood by his side. They would hardly allow us. HIS FAMILY to see him. And his program that he was in was having a Christmas formal last year. He got fitted for a tux and everything but the night before, Janelle said he was forbidden to go. We were not told this until a few months ago when he graduated from the program. My mom was moving to Idaho and wanted to take Alex with her, away from that abusive home to be rehabilitated. So he could go back to his happy energetic self and not continue to be the lethargic zombie they turned him into! When mom told Janelle this she fought to keep Alex there and told mom that's not whats best for Alex. She even tried to get me to go behind my mom's back and have me tell her what mom told me in confidence. I didn't and that made her angry she proceeded to tell me that Alex had been acting out since mom said she was leaving the state and taking him with her. BULLSHIT! She fought hard, but mom had the full support of friends and family and eventually Janelle gave up and I'm happy to say that my brother is now living in Boise with my mom and he's being treated to get all those drugs out of his system. Only a month of being there and I already can see a change in him he smiles more and can actually hold a conversation again He can form full sentences again! My point is, I know its hard honey but I'm here for you and you have my love and support all the way and I hope you get Jimmy away from those people! They only see him as a meal ticket. money and nothing else. And that's why they fight so hard because they don't want to lose that $500 a month. I have included a picture of Alex and my mom as morale support, they are by your side as well.

Stay strong and fight hard!!

-Emily Jane Mata Clovis, CA

Show your support for #FREEJimmy!

Guardianship: Teresa's story on here mother Carmen Tozzo. Elder Abuse!

March 3, 2014

Kim Lipsky

2227 Military Road

Arlington, VA 22207

Dear Ms. Lipsky:

Enclosed are documents starting with my mom’s will 2007 (Carmen Tozzo). All documents are numbered within the year (#1, #2, etc.) and referenced. I have highlighted a few, but not all, incidences in this letter. My original email to you focused on issues/violations concerning my mom only. However, I feel you should have more background information to fill in gaps. My mom’s story is very much intertwined with my life and that of my children’s – we advocated and fought for my mom. In some emails/documents you may see claims about the “disruptive behavior” and my children and myself.  There has NEVER (ever) been a police report filed against me, no documented complaints from any facility or facility staff about inappropriate behavior.

Background:  My mom, aunt, and uncle moved from Miami (to Gainesville, FL) December 1999 after my dad’s death.  While still in my doctoral program, I divorced the father of my three children in 2004 after 24 years of marriage. I raised all three alone, making ~$15K annually at that time, and minimal to no financial support from him until 2010 (he passed away in 2012 owing me ~$75K). My mom, aunt and uncle offered to help with my expenses – food, gas, electricity, school (children) from 2005–2009. Other family members had been helped financially by my mom/dad and aunt/uncle in the past with college, rent, and mortgage loans. My daughters and I took care of our elders – drove them to medical appointments/grocery store/church, and took them on vacation. My mom’s path unfortunate story through the legal system – violation of her rights/being a ward of the state were initiated by my family (C. Julian and E. Clark) and carried through the courts by Ms. Brasington, Ms. DiVito, Ms.  Belo, Ms. Preiss, and currently, Ms. Andrea Wolfkill.

My daughters and I have been fighting for my mom’s independence since 2011, and for OUR right see her. Therefore, numerous actions were initiated against us (DCF calls, restraining orders), which diverted the attention away from what was happening with my mom. Aside from the June 2, 2011 hearing, my mom never was in court to speak on her own behalf, had minimal or no access to her finances/mail.

SUMMARY OF EVENTS:

2007

My uncle passed away on June 5, 2007; My mom made her legal will October 2007.

2008/2009

Notions to place my mom/aunt in an assisted living facility began. I opposed these suggestions.

2010

May 26 - Emails from C. Julian – “I’m pretty sure she (mom) had a serious TIA yesterday….I offered to pay her taxi.”

[My daughter (Brianna Lyles) moved in with my mom (July) to assist with her care. Brianna became seriously ill in December, 2010.]

2011

• February 14 - my daughter collapsed and was comatose for 3 days, and in the hospital ~3 weeks (1 week in ICU). [March (late) - my aunt had a stroke].
• April 14 (#1-3) – first DCF report filed (by C. Julian, E. Clark, David Clark).  Leslie Lyles (Harris) was instructed to make all health care decisions regarding my mom, but was never included in any decision (#4-8); 2nd DF report filed May 13, and 3rd DCF report filed Aug. 15.
• April 22 – medical evaluation by Dr. R. Velazquez, no indication of impaired mental status/dementia (as per text of hearing, May 24).
• April 28 (#9) – petition to determine incapacity filed (signed by E. Clark); no date/time provided for hearing – I was never notified of hearing date.
• May 5 (#10) – Dr. Roger Velazquez (my mom’s primary care physician since 1999) ordered visit to Dr. Bernie Marrero (“probable dementia” but diagnosis was inconclusive, pg. 2).
• Mom was not examined to determine delirium vs. dementia by a geriatric specialist and/or neurologist (MD). [Tozzo-Julian not authorized/qualified (unethical) to give any diagnosis regarding mom; E. Clark’s statements of “short-term memory” loss for three years was never medically substantiated/reported by Dr. Velazquez].
• May 17 (#12) – Brasington (Clark and Julian attorney) filed motion for guardianship hearing. [John Ramsey appointed as my mom’s attorney].
• May 24 (#13) - competency hearing; Mr. Ramsey was not present (my attorney also not present).
• My mom not assessed/tested for additional medications (sedatives) that could impair responses.
• Panel said my mom had dementia, diagnosed in less than two hours, and declared her mentally incompetent. [Definition of dementia (according to the Mayo Clinic) includes “memory loss, difficulty communicating/with complex tasks/with planning and organizing/with coordination and motor functions, problems with disorientation, such as getting lost, personality changes, inability to reason, inappropriate behavior, paranoia, agitation, hallucinations; so diagnosing dementia and other related conditions can be challenging and may require several appointments (multiple tests, brain scans, lab tests, psychiatric evaluation).”]
• June 2 (#14-16) – first hearing for guardianship. Bonnie DiVito appointed as temporary guardian. [DiVito was personally known to Ms. Clark and retained Brasington as her attorney. Conflict of interest not disclosed to the courts or my attorney].
• August 10, Sept 5, Sept 29 (#18-20) – police reports of disruption in my mom’s home by D. Clark and Tozzo-Julian.
• August 15 – 3rd DCF report filed after D. Clark grabbed my mom’s arm causing a bruise, asked to not return to my mom’s home by DiVito [he was not arrested].
• August 20 (#21) – letter from Tozzo-Julian to family in Miami (#21). Confused as to motives in sending letter to Miami/confused at her evaluation of my mental/physical conditions.
• September 5 – D. Clark & Tozzo-Julian at mom’s residence. “No trespass” filed against Mr. Clark (foul language and indecent gesture to a minor witnessed by my mom, caregiver, police, myself).
• September 24 (#24) – letter from my mom’s nephew (Angel Hernandez).
• November – my mom was taken to Shands at UF by Amy Tackett (B.DiVito’s assistant) for mental assessment, with physician stating “memory loss” only, no diagnosis of dementia.
• November – Lynn Belo appointed permanent guardian.
• November 18 (#25) – my first meeting with Belo (November 17th) she stated “I am putting your mom in a facility”; my letter to her requesting this not happen.
• November 22 (#26) – Belo asks me to produce “evidence” that I paid my electric bill or my mom would not be allowed to spend Wednesday and Thursday (Thanksgiving) at my house.  Belo claimed her request was after “comments made in your mother’s home….”
• December 21 (#29) - I complained about Vanetta Whitfield (private caregiver), who was verbally abusive and neglecting my mom. Whitfield had other legal issues that prevented her from caring for my mom. Belo was aware of these issues/complaints. I was not allowed to take my mother out Christmas Day for making omplaint. Whitfield was eventually fired after numerous complaints to Belo by other private/Nurse Core caregivers.

2012

• Jan. 2 (#1) – After setting my visitation time in advance, my visit was cancelled (no reason).
• Jan. 12 (#2) – Belo/Boyte threatened to call the School Board for information regarding my 15 year old daughter; further restricted my visits.
• Jan. 14-15 (#3) – asked about notification when visiting nursing homes for my mom, Belo responded with “I owe you no obligation…”
• Jan. 14 (#4) – door locks changed; phone block placed on mom’s family (Hernandez) in Miami; phone changed to private number (I was not given the number, not available to mom’s pastor).
• Jan. 26 (#6) – letter written by Mr. & Mrs. Hernandez to Judge Hulslander regarding “phone block.”
• January 27 (#5) – Belo filed motion in December 2011 to have restraining order against my two daughters (having never met them/spoken to them), motion dismissed Jan. 27, 2012.
• Feb. 13 (#7-8) – request to place my mom in assisted living (Sterling House – mom was taken to Harbor Chase); and petition to sell my mom’s house (against her wishes/permission).
• My daughter’s bridal shower/wedding (March 17 and April 6-8):
• March 6-7 (#11) – request to take mom to bridal shower and wedding approved by Belo (no restrictions mentioned).
• March 21 (#10) – letter to Judge Griffis regarding the March 29 hearing; at hearing Belo requested caregiver assistance with my mom’s care at wedding “during picture taking and during wedding ceremony.” [I left hearing early, not aware of what transpired later.]
• April 6-8 (#13) – names/numbers of Nurse Core caregivers who witnessed events.
• March 30 – April 6 (#15) – N. Baldwin suggested potential caregivers (health care professionals), who would be at wedding, send emails/letters who could assist my mom during the wedding (no charge) to minimize stress and expense. Belo refused (spent thousands of $$ on agency caregivers). During week prior to wedding, “caregiver assistance” changed from helping out during the wedding to sitting outside room where mom and I slept.
• April 6 (#14 – 19) – requested Ms. Belo reserve a separate room for my me, mom, caregiver to eliminate stress and anxiety for daughter (due to the constant changes made by Belo for wedding). [NOTE: I had mom (no caregivers) from 8 am-5 pm on April 6th, and 11 am-8 pm, April 8]; Belo threatened to call DCF/police; Belo finally reserved hotel (Quality Inn) for mom and caregiver, but refused to allow me in room; Belo screamed and threatened my mom, heard/witnessed by first caregiver; my mom was upset/anxious that I could not stay with her.
• April 7 – at wedding, family/friends cared for my mom (paid caregiver provided minimal care).
• April 10 (#19) – order requiring home health attendants signed (not prior to wedding).
• April 24 (#20) – arrived at my mom’s house, caregiver stated Belo asked her to “not allow you in home” (this was said in front of my mom).
• May 25th (#21) – my mom taken from her home against her wishes to Memory Unit/Harbor Chase (started drugging her several weeks before move, I found her lethargic and slurring on several occasions). Mom continued to say she wanted to “stay in her home.” [Pictures showing progression of my mom’s physical appearance from March 2011 to February 2014 attached.]
• May – November – private caregivers (Jennifer/Nurse Core) hired by Belo to sleep in mom’s room at Harbor Chase (why this extra cost?).
• June 20 (see pictures in #21) – my mom fell for the first time, taken to North Florida Medical Center (NFRMC) (picture attached); she was dirty, unbathed (nurse was Joey Stankus, and physician was Dr. Kerry Henderson).
• June & July (#24-25, 28) – my children and I were restricted by Judge Griffis (in court) from seeing my mom for three weeks. No reason/evidence other than Belo stating I was “disruptive.”
• June 25 (#26) – after contacting AT&T and ordering a phone for my mom’s room (my expense), and with AT&T agent listening/taping conversation Belo threatened me with permanent visitation dismissal if I did not cancel phone. [My mom eventually had phone in room, my children and I, plus other family (Miami), and her pastor (Fr. Julian) never given number.
• July 31 (#30) – Belo filed a petition to restrict access and visitation to my dad’s ashes/gravesite on church grounds; August 21 – judge DENIED petition. [Belo did not take my mom to ceremony.]
• August 13 (#31) – Belo requests that ONLY English be spoken to my mom. I was threatened with visitation suspension if I did not comply. [Mom is Cuban born, my first language is Spanish].
• September 28 (#32) – severe restrictions imposed on mom to attend church services and worshiping. I protested.
• Nov.12 (#33) – my visitation was suspended because I entered the church where my mom was attending and hugged/kissed my mom.
• Nov. 20 (#34) – more visitation restrictions, allowed only 1 hour for Thanksgiving at facility, not allowed to have my mother out of the facility for Easter, Thanksgiving, Christmas (2012).
• October/November/December (#35) – mom had multiple falls, with one at end of November resulting in severe injuries/bruises (pictures in #21); further restrictionx srom seeing mom in ER.

2013

• Jan. 27 – my mom attacked by male resident (C. Quarels) who grabbed her/picked up a chair to hit her; she was never moved to safe environment/transitioned to the mainstream area. [Quarels attacked several staff members a month later].
• Feb. 5-7 (#2-5, 7) – “Motion for Sanctions” filed by Belo (civil action) on my mom’s behalf (my mom was unaware and opposed to this document):
• My legal name not on document; everything has been repaid; no deposits listed; this is prior to 2011; no LEGAL/notarized documents for any alleged “loans” presented (this was already investigated by DCF April 2011 and dismissed); at August 23 2013 hearing, Belo admitted under oath that this was personal and directed only at me. My mom’s best interest? HOW?
• Belo request the sale of my mom’s home without my mom’s knowledge/consent. I never CONSENTED (I am also executor of mom’s will).
• April 4 (#6) – deed to my mom’s home.
• June 12 (#8) – Belo asked to resign by my attorney after incidences of bias & misconduct.
• July 15 (#9) – mom hospitalized with pneumonia (after 4 days of being ill at Harbor Chase, and numerous complaints by me, she is taken to the ER); further restrictions to visit in hospital by Belo.
• Aug. 16 – Ms. Carol J. Preiss appointed as permanent guardian in courtroom, my attorney and I protested (Ms. Preiss was sick and had terminal cancer).
• Oct. 22 – Arrived at Harbor Chase, and my mom had been moved (Memory Lane, Ocala); Ms. Preiss refused to tell me where my mom was located [facility notified on Oct. 21 eve that my mom was being moved]. My attorney and I were never notified of move or loss of my visitation time.
• Oct. 24 – motion filed to move my mom from Gainesville to Ocala.
• Oct. 24 – Nov. 8 – visited my mom at Memory Lane, no problems.
• Nov. 8 (#10) – letter from Ms. Preiss to Memory Lane prohibiting me from visiting; imposing 1 hour a week visitation time (my attorney asked multiple times for permission to visit and all denied).
• Nov. 8 – Dec. 24 – my children and I were not allowed to visit or speak on the phone with mom.
• Dec. 19 (#11) – email from V. Griffis to J. Silverman claiming there was no letter restricting my visits (See #10 above).
• Dec. 20 (#12) – letter from Griffis to Tozzo-Julian; I have never received a letter dated Oct. 22nd; perplexed as to why Belo still copied on emails/letters; confused as to why Griffis sending a personal letter to Tozzo-Julian (seems unethical/unprofessional; what is their relationship?); why weren’t alleged infractions (“verbal abuse”) ever reported to the police OR my attorney.

2014

• Ms. Andrea Wolfkill is temporary guardian, visitation stays at 1 hour a week (5 hours a month).

[Other witnesses include Father Roland Julian, St. Patrick’s Catholic Church, 352-372-4641; Melody (Nurse Core, caregiver), 352-505-0621; Belle (Nurse Core), 954-638-2399; Evelyn Cairns (family friend); 352-317-7873]

I know this is a lot to take in, but it has been an exhausting journey and also a labor of love for my mom.  Please keep me posted, and let me know if you need any more documents.

Sincerely,

Teresa