Mother forced to seek judicial help again to get
services for her son
February 22, 2006 Media Release
(Raleigh, NC) – Today in Raleigh, Kathryn Reiter, who won a
lawsuit in September on behalf of her severely mentally ill son, was
forced to file yet another motion, compelling the North Carolina
Department of Health and Human Services (NCDHHS) to do what it has
been ordered to do.
Five months ago, Michael Moseley, Director of the Division of Mental
Health for the NCDHHS, ordered his agency to make crisis services,
which are necessary for safety during a severe mental episode,
immediately available. For Kathryn Reiter and her son, the long
months since winning their case have been full of frustration.
“The Department has tried to create the illusion, on paper, that
they are providing the services to which my son is entitled, but
those services just do not exist. It’s a charade,” says Mrs. Reiter.
Mrs. Reiter had turned to the courts for help more than two years
ago, because the Department had not contracted with any mental
health providers in the Western North Carolina counties near her
home to help her child, Thomas, in a crisis situation. When he was
twelve years old, and the psychiatric inpatient unit at the local
hospital refused to treat him, Thomas was handcuffed in the back of
a police car for the entire four-hour ride to a state-run mental
hospital.
According to Mrs. Reiter’s attorney Erwin Byrd, of
Advocates for Children’s Services, situations like
these are not uncommon in the post-reform world of North Carolina
mental healthcare. Two major goals of the mental health reform were
to reduce long-term stays at costly institutions and to allow
children to be treated in or near their homes. The promised mobile
crisis units and local crisis facilities, however, have yet to
materialize for most of the Medicaid-eligible children of this
state. The absence of services thus calls into question the good
faith of the entire reform effort.
“This motion is necessary because our client is entitled to these
services by law,” says Byrd “The services have been promised to him,
and he should be able to rely on them, but, after all these years
and court orders, the services are still not in place. The NC
Department of Health and Human Services should not be allowed to
evade its legal obligation to this child.”
Advocates for Children’s Services (ACS) is a statewide
project of Legal Aid of North Carolina that provides free legal
representation to at-risk children and children involved in the
juvenile justice system because they have been denied Medicaid,
Special Education, speedy permanent placement and/or the opportunity
for a sound basic education. ACS currently has offices in Durham and
Winston-Salem, NC.
Legal Aid of North Carolina (LANC) is a statewide, nonprofit
law firm that provides free legal services in civil matters to
eligible, low-income people in all 100 counties in North Carolina
through 24, geographically located offices in North Carolina. LANC’s
clients typically have an annual income of 125% or less of the
federally established poverty levels.
#
#
#
COPIES OF THE MOTION ARE AVAILABLE UPON REQUEST
_____
CONTACTS:
Lewis Pitts (Senior Managing Attorney, Advocates for Children’s
Services, Durham), 919-226-0052
Erwin Byrd (Staff Attorney, Advocates for Children’s Services,
Durham), 919-226-0052
Dock Kornegay (Director, Public Relations & Development, LANC,
Raleigh, NC); 919-856-2564
Disclaimer
The materials contained on this website are for information and
educational purposes only and do not constitute legal advice.
Also please note that Legal Aid of North Carolina does not provide
legal assistance by E-mail. Contact your Legal Aid of North Carolina
office or a private attorney if you need to speak to an attorney
regarding your particular situation.
See our complete
disclaimer.
Mission Statement
Legal Aid of North Carolina is a statewide, nonprofit law firm
that provides free legal services in civil matters to low-income
people in order to ensure equal access to justice and to remove
legal barriers to economic opportunity.