South Carolina Child Advocacy Lawyer & Attorney : R. Michael Ethridge : Carlock Copeland Semler & Stair : Serving Columbia, Charleston, Greenville

Kanmani is 10 years old.  She lives in a small village in Tamil Nadiu, India.  From 8:00 in the morning until 6:00 at night she sits on the same concrete floor, making cigarettes.  Her job is to close the ends with a little knife.  She has to complete 2000 cigarettes a day.  If she doesn’t, she’s beaten.  During her 10 hour work day she gets a single break of 30 minutes for lunch.  At the end of her 6 day work week she is paid her weekly wages---75 cents.  And she has done this since she was five years old. 

When her older brother got sick, Kanmani’s family had to borrow fifty dollars to pay the medical bills.  To secure the loan, her parents sent Kanmani to work for the money lender.  The agreement with the money lender requires that the money be repaid in a lump sum.  Kanmani’s family needs the 75 cents she earns every week.  So, after five years, Kanmani’s family is no closer to paying off the debt than when she started.  Kanmani will spend the rest of her childhood on that concrete floor, closing the ends of cigarettes with a pen knife 10 hours a day. 

Hard to believe something like that could happen on this planet in the 21^st century.  Unfortunately, Kanmani’s story is not particularly unique. These stories repeat themselves millions of times over in India, where destitute families are forced to sell their children into indefinite servitude to pay for basic services to keep other members of their family alive. 

Aren’t we glad we live in the United States?  Thank God, nothing like that could ever happen here.  We pride ourselves in taking care of those who cannot care for themselves…protecting the rights of the most vulnerable in our population---our children.

Really?

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On Saturday, I visited the United States Holocaust Memorial Museum in Washington, D.C.  It is a must-see for everyone living in this country.  I will return with my 14 year old daughter, Anna Margaret.   I plan to spend the entire day there, and I am not going to let her leave until she has seen every exhibit, watched every film clip and listened to every account of the horrors of that dark time. 

It is sobering to think of the moral failure that allowed the holocaust to happen.  And it is even more sobering to see how slowly we as a nation moved to address that systematic execution of a people.  To be sure, the world has done a lot to minimize such moral failure in the future.  (See Continuing Impact of the Holocaust).  But genocide continues to plague the world.  The horrors of Cambodia, the Balkans, Rwanda and the Sudan are all too familiar.

It is Superbowl Sunday, and as a nation we gather in the warmth and comfort of our homes, with coffee tables piled high with food, to watch an event which can command millions of dollars for only a few seconds of air time.  It is a bit insane when you think about it. 

Maybe it seems insane because having visited the Holocaust Museum yesterday, I know that for all my good fortune there are millions today who are experiencing horrors not unlike what was visited on the Jews in the 1940s.  For all my good fortune, I know that there are millions scattered across refugee camps in Darfur who have no homes, no beds, no medicine and precious little food--victims of the genocide that has racked the Sudan.  Untold millions in Sudan have been beaten, raped, displaced or killed.  The genocidal assault  by the government continues.  And as a country (as a world) we don't quite know what to do.   Maybe a little football can distract us. 

What does the future hold for the Darfurian people?  How can they be protected?  How can their safety be assured?  How can the genocide be stopped?  How can the millions of women and children living in stick built huts with only a sheet of plastic for a roof, return home to reclaim and rebuild their lives?  The answer to those questions will be decided by how the world responds.  How well have we learned the lessons of the holocaust? 

Maybe the folks who run the Superbowl should give the Holocaust Museum a free 60 second half-time spot.

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Through legislation passed last year, the South Carolina Department of Disabilities and Special Needs (DDSN) appropriated $3 million to develop a new Medicaid Pilot Project to treat children ages 3 through 10 years old who have been diagnosed by age 8 with a Pervasive Developmental Disorder (PDD). [See September 29th blog article].  Children participating in the pilot project will be selected based upon an application process.  The deadline for applying for services under this Project is Friday, January 12th.  On January 17th the applications will be randomly selected one at a time and given a number in the order they are drawn.

For more information, or to apply for services under this waiver go immediately to the DDSN website.  Your service coordinator or early interventionist may also be able to provide you with some information regarding the waiver.  DDSN has set up a helpline at 1-888-576-4658 (but several parents have reported that they have not been able to get through).

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 We have returned!  After a month away due to trial schedules and holidays, we are glad to be back.  Sorry for the lapse in posts, but we are looking forward to an active 2007 with lots of issues affecting children and the law.

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Last week, Diette Courrege, in a article in the the Post & Courier, reported that the Charleston County School District recently measured the progress of the children in the district's 4 year old pre-kindergarten program.  The results were amazing.  At the beginning of the year, the children were 38% below the national average (or in the bottom 22 percentile).  After completing the district's pre-K program these same children scored in the 82nd percentile (or in the top 25% in the nation).  Stunning.

Stunning, maybe, but not surprising.  Ms. Courrege points out that the effectiveness of child readiness programs is undeniable and well documented.  If we know something works this well, why is it that this kind of program is available to less than half of the children in Charleston County?  (Ms. Courrege points out that Charleston County could double the number of Pre-K 4 year old programs and still only accommodate 80% of the county's 4 year olds.  And this says nothing about the services needed for 2 and 3 year olds.  She also quotes school district officials who point out that given current budget restraints, the only way to fund additional school readiness programs is to take money away from programs for older students.)

Why do we struggle so to find the money to pay for programs which are so undeniably effective? 

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Last week an anti-gang summit was held in Columbia.  This was the 2nd in as many months.  Communities in our state, like those across the country, are growing increasingly concerned about gang violence and the number of youth who are becoming involved in gang activity.  The concern is legitimate.  There is a lot to be afraid of, and it seems we really don't know what to do.

The fear and confusion are, to politicians, what blood is to sharks.  To build campaign coffers and raise political ratings, there is a lot of rhetoric about "get tough" legislation...legislation that will ensure those who participate in gangs are punished swiftly and severely, and put away quickly.  These same politicians reduce the complex issues involving youth and the poor to soundbites and quick fix solutions.  "It's not about rich or poor, but about right and wrong." So as we prepare for a new legislative season, we can be assured that there will be an ample supply of this "get tough" legislation on the table in Columbia.  As the issues become more complicated and the problems remain unsolved, then the repressive responses are the easiest: more laws, more police, more prisons.

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On December 31, 2006 South Carolina will loose $1.4 million in federal Medicaid funding used to teach autistic children.  The loss of Medicaid funding will mean that school districts will have to find other ways of paying for expensive Applied Behavioral Analysis (ABA) therapy. 

ABA therapy is a research based therapy that has proved to be very effective in treating children with autism.  The earlier the intervention the better the results.  Studies have shown that half of the children who receive ABA therapy to treat an Autism Spectrum Disorder become socially and academically indistinguishable form their peers, and all children receiving ABA therapy make some progress.

While critical to an autistic child's education, this therapy doesn't come cheap.  Up to now school districts have relied on Medicaid funding to help pay for these services.  With the evaporation of that funding there are some huge questions as to how schools will find the money to provide these children with what they need. 

And if the school districts don't find the money, what then?  Will the parents of autistic children find that they are being asked to sign new IEPs at the end of the school year---IEPs that don't include ABA therapy?

For more read the letter from Cheryl Bauerle.

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It is no secret that children with special needs are much more likely to be arrested for school behavior problems.  Some studies suggest that as many as 75% of the children in detention centers throughout South Carolina are special needs children.

Unfortunately, this is nothing new.  For decades schools who have been unable to deal with children with disabilities have found ways to send those children to court.  South Carolina's Disturbing Schools statute makes it particularly easy.  Underfunded and under-staffed, schools in this state conveniently discover opportunities to have disabled children arrested or referred to the juvenile justice system and family court. 

Ironically, family court can prove to be a vehicle through which much needed services can be provided to the child at the school district's expense.  The following article by Peter Wright explains how.

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During the 2005-2006 South Carolina General Assembly several laws were passed relating to children.  One of these new statutes relates to juvenile justice and another to education.  To access the full text of each Act, and to get more information on other statutes affecting children, visit the Children's Law Office website.

Juvenile Justice

POSSESSION OF TOBACCO BY MINORS (Effective Date:  August 21, 2006)

Act 231 added several provisions to Section 16-7-500, regarding sales and possession of tobacco by minors.  Most notably, effective August 21, 2006, it is unlawful for a minor under eighteen to purchase, possess, attempt to purchase or possess, or present fraudulent identification for the purpose of purchasing or possessing a tobacco product. 

This is a noncriminal offense and is subject to a civil fine, or the minor may be ordered to perform community service or attend a program on how to stop smoking.  Failure to comply with a court order regarding these penalties may result in the delay or restriction of the minor's driving privileges.

SAFE SCHOOL CLIMATE ACT (Effective Date June 12, 2006)

The Safe School Climate Act was enacted to prevent school harassment, intimidation, and bullying of students.  The Act requires any school employee, student, or volunteer who has reliable information that a student has been subject to harassment, intimidation, or bullying to report the incident to an appropriate school official.

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This is a story of how a community pulled together and saved a school.  And in saving the school they saved their community's children.  Yes, the hard work of turning around failing urban schools can be done. 

Read about how the Chicora neighborhood in North Charleston saved their school.

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Check out this link or a list of various events around the state for families with children suffering from ASD. 

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Last year the South Carolina legislature funded a Pervasive Developmental Disorder (PDD) pilot program with $3 million (which will be matched by federal Medicaid funds).  While a far cry from what is needed, this program will hopefully provide a number of South Carolina children suffering from an Autism Spectrum Disorder with the opportunity to receive meaningful therapy.

The PDD pilot program will be run by the South Carolina Department of Disabilities and Special Needs (DDSN).  DDSN has worked with a number of state agencies and other interested parties over the last few months to develop the program.  DDSN's first hurdle is to obtain the federal approval at to how the money will be spent.  Several weeks ago DDSN held a public meeting to detail the proposed program.

Here are a few highlights from that meeting:

• $3 million has been appropriated to DDSN (to be matched by federal money)
• the PDD program is a designated Medicaid pilot project for children diagnosed with a PDD by age 8
• the program targets the youngest ages feasible for treatment effectiveness
• the treatment cannot exceed 3 years
• the program will fund no more than $50,000 per year for treatment
• findings will be reported to the General Assembly by June 30, 2007

By December DDSN will announce the application process for families who might be interested.  The DDSN will assess individuals to determine if they meet the Medicaid medical criteria, and the Department of Health and Human Services will determine financial eligibility.

This legislation (the text of which is presented below) is the result of the efforts of a group of parents known as the Ryan's Law Gang.  The legislation they had hoped to pass would have required that all insurers in the state provide coverage for all autism spectrum disorders.  Those efforts unfortunately failed, but the PDD pilot program will at least make it possible for some families to access services that were previously inaccessible. 

With over 2700 cases of autism in South Carolina and with the number of children diagnosed growing exponentially, we are going to have to find a way to make crucial services available to these children.  When all is said and done, the DDSN believes the pilot program might serve 100 children.  The pilot program is a start but only a start. 

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Children are the single most powerless segment of our population. They cannot support themselves, they cannot vote. Physically, they are not very strong. They know very little about the world. They are entirely dependent on the kindness and charity of adults. And every year tens of thousands of children are the subject of some type of legal proceeding in courthouses across the state of South Carolina. Whether they are in court because they have been the victims of abuse or neglect, or whether they are in court because of delinquency, court involved children are disproportionately and dramatically children of poverty and children of color. These children cannot speak for themselves. They cannot fight for themselves, and their families cannot afford to pay anyone to speak or fight for them.

What are the issues that are most pressing or seem most relevant to our children? How can our communities emerge with a single collective voice for our young people? This blog is based on the idea that the communities of our state will become all they can be only when we begin to collectively address the unmet legal and social needs of our children. Hopefully, this will be a place where the community can begin to participate in a conversation about those needs and about how they can best be met.

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