Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 1 of 49 Page ID #:16527 1 2 3 4 5 6 7 8 9 10 11 CARLOS R. HOLGUÍN (Cal. Bar No. 90754) PETER A. SCHEY (Cal. Bar No. 58232) Center for Human Rights & Constitutional Law 256 South Occidental Boulevard Los Angeles, CA 90057 Telephone: (213) 388-8693 Email: crholguin@centerforhumanrights.org pschey@centerforhumanrights.org LEECIA WELCH (Cal. Bar No. 208741) National Center for Youth Law 405 14th Street, 15th Floor Oakland, CA 94612 Telephone: (510) 835-8098 Email: lwelch@youthlaw.org 12 Listing continues on next page 13 Attorneys for Plaintiffs 14 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 18 Jenny Lisette Flores, et al., 19 Plaintiffs, 20 21 22 23 24 25 26 27 28 v. Jefferson B. Sessions, Attorney General, et al., Defendants. Case No. CV 85-4544-DMG (AGRx) EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT (VOL. 2: EXS. 21-30, PAGES 109-73, REDACTED EXHIBITS ONLY) Hearing: June 29, 2018 Time: 9:30 a.m. Room: 1st St. Courthouse Courtroom 8C REDACTED VERSIONS OF DOCUMENTS FILED UNDER SEAL Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 2 of 49 Page ID #:16528 1 2 3 4 5 6 7 8 9 Counsel for Plaintiffs, continued HOLLY S. COOPER (Cal. Bar No. 197626) Co-Director, Immigration Law Clinic CARTER C. WHITE (Cal. Bar No. 164149) Director, Civil Rights Clinic University of California Davis School of Law One Shields Ave. TB 30 Davis, CA 95616 Telephone: (530) 754-4833 Email: hscooper@ucdavis.edu ccwhite@ucdavis.edu 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 3 of 49 Page ID #:16529 1 I, Carlos Holguín, do hereby declare that true and correct copies of the following 2 documents are attached hereto: 3 4 5 6 7 8 9 10 11 INDEX TO EXHIBITS No. Declaration of the Mother of Nicolás C., February 6, 2018 (filed partially under seal) .....................................................................1-10 2 Declaration of Nicolás C., February 4, 2018 (filed partially under seal) ........................................................................................... 11-19 3 Morrison Paso Case Review re: Nicolás C., September 17, 2017 (filed partially under seal) ................................................................... 20-26 4 Custody Order of the Immigration Judge re: Nicolás C., December 19, 2017 (filed partially under seal) .................................... 27-28 5 Declaration of Leland Baxter-Neal, February 6, 2018 (filed partially under seal) ............................................................................. 29-34 6 Email from Erich Corona re: Nicolás C., January 9, 2018 (filed partially under seal) ............................................................................. 35-38 7 Declaration of James M. Owens, February 7, 2018 (filed partially under seal) ............................................................................. 39-43 8 ORR Interim Guidance re: Custody Hearings, July 18, 2017............... 44-55 9 Declaration of Daniella Q., February 28, 2018 (filed partially under seal) ........................................................................................... 56-59 10 Declaration of Isabella M., December 1, 2017 (filed partially under seal) ........................................................................................... 60-63 11 Supplemental Declaration of Isabella M., February 28, 2018 (filed partially under seal) ................................................................... 64-68 12 Declaration of the Mother of Isabella M., February 28, 2018 (filed partially under seal) ................................................................... 69-75 13 Declaration of Victoria R., February 28, 2018 (filed partially under seal) ........................................................................................... 76-79 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page(s) 1 12 13 Description iii EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 4 of 49 Page ID #:16530 1 14 Declaration of David I., November 30, 2017 (filed partially under seal) ........................................................................................... 80-84 15 Supplemental Declaration of David I., February 28, 2018 (filed partially under seal) ............................................................................. 85-88 16 Declaration of Eduardo A., March 1, 2018 (filed partially under seal) 89-93 17 Declaration of Rosa L., December 1, 2017 (filed partially under seal) 94-97 18 Supplemental Declaration of Rosa L., February 28, 2018 (filed partially under seal) ........................................................................... 98-100 19 Declaration of Gabriela N., December 1, 2017 (filed partially under seal) ....................................................................................... 101-104 20 Supplemental Declaration of Gabriela N., February 28, 2018 (filed partially under seal) ............................................................... 105-108 21 Declaration of Arturo S., February 28, 2018 (filed partially under seal) ....................................................................................... 109-112 22 ORR Form Notice of Placement in a Restrictive Setting, February 5, 2018 ............................................................................. 113-115 23 ORR FAQ: July 2017 Bond Hearings for Unaccompanied Alien Children (UAC) .............................................................................. 116-118 24 ORR FAQ: ORR Directors Release Decision, January 26, 2018 ..... 119-121 25 Letter from Carlos Holguín to Office of Immigration Litigation, December 19, 2017 ......................................................................... 122-129 26 Email from Sarah Fabian re: Flores Meet and Confer Discussion, January 12, 2018 .......................................................... 130-131 27 Letter from Leecia Welch to Office of Immigration Litigation re: Psychotropic Medications, and Attachments, January 16, 2018 (filed partially under seal)....................................................... 132-161 28 Letter from Carlos Holguín to Office of Immigration Litigation, February 16, 2018 ........................................................................... 162-164 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iv EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 5 of 49 Page ID #:16531 1 29 Email from Sarah Fabian re: Flores Meet and Confer Discussion, March 2, 2018 .............................................................. 165-168 30 Declaration of Javier C., November 15, 2017 (filed partially under seal) ....................................................................................... 169-173 31 Declaration of Carlos A., November 16, 2017 (filed partially under seal) ....................................................................................... 174-177 32 Declaration of Miguel B., November 16, 2017 (filed partially under seal) ....................................................................................... 178-181 33 Declaration of Luis D., November 15, 2017 (filed partially under seal) ....................................................................................... 182-192 34 Declaration of Andrés D., July 11, 2017 (filed partially under seal)................................................................................................. 193-197 35 Declaration of Jorge E., July 11, 2017 (filed partially under seal)................................................................................................. 198-205 36 Declaration of Gustavo H., July 11, 2017 (filed partially under seal)................................................................................................. 206-210 37 Declaration of Roberto F., July 11, 2017 (filed partially under seal)................................................................................................. 211-220 38 Declaration of Natalia T., November 21, 2017 (filed partially under seal) ....................................................................................... 221-223 39 Declaration of Ricardo U., November 21, 2017 (filed partially under seal) ....................................................................................... 224-226 40 Declaration of Sofia O., December 1, 2017 (filed partially under seal)................................................................................................. 227-231 41 Declaration of Gloria P., December 1, 2017 (filed partially under seal) ....................................................................................... 232-235 42 Declaration of Edwin B., March 1, 2018 (filed partially under seal)................................................................................................. 236-242 43 Letter from Carlos Holguín to Cynthia Nunes Colbert, et al., re: Legal Representation for Specified Class Members, March 12, 2018 (filed partially under seal)....................................................... 243-246 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 6 of 49 Page ID #:16532 1 44 Declaration of Samuel W., October 26, 2017 (filed partially under seal) ....................................................................................... 247-250 45 Declaration of Jaime V., October 26, 2017 (filed partially under seal)................................................................................................. 251-254 46 Declaration of Mateo X., October 26, 2017 (filed partially under seal) ....................................................................................... 255-256 47 Declaration of Mario Y., October 26, 2017 (filed partially under seal)................................................................................................. 257-260 48 Declaration of Maricela J., November 30, 2017 (filed partially under seal) ....................................................................................... 261-264 49 Declaration of Teresa K., November 30, 2017 (filed partially under seal) ....................................................................................... 265-268 50 Declaration of Diego E., January 16, 2018 (filed partially under seal)................................................................................................. 269-273 51 Declaration of Daniel F., March 21, 2018 (filed partially under seal)................................................................................................. 274-278 52 Declaration of Alejandro G., March 21, 2018 (filed partially under seal) ....................................................................................... 279-285 53 Transcript of Testimony of James De La Cruz, Saravia v. Sessions, Case No. 3:17-cv-03615-VC (N.D. Cal. June 29, 2017), Dkt. No. 28 .......................................................................... 286-382 54 Defendant Brent Cardall’s Responses to Plaintiff’s Request for Admission, Set One, Saravia v. Sessions, Case No. 3:17-cv03615-VC (N.D. Cal. Sept. 20-21, 2017), Dkt. No. 61-3 ................. 383-390 55 Declaration of Camila G., April 3, 2018 (filed partially under seal)................................................................................................. 391-396 56 Patient Profile – Active Medications of Victoria R., January 9, 2018 (filed partially under seal)....................................................... 397-398 57 Patient Profile – Active Medications of David I., November 27, 2017 (filed partially under seal)....................................................... 399-400 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vi EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 7 of 49 Page ID #:16533 1 58 Patient Profile – Active Medications of Rosa L., July 31, 2017 (filed partially under seal) ............................................................... 401-402 59 Medication Information and Reconciliation and Over-theCounter Medication Release Forms for Isabella M., September 28-29, 2017 (filed partially under seal)............................................ 403-405 60 Medication Information and Reconciliation Form for Gabriela N., September 7, 2017 (filed partially under seal) ........................... 406-407 61 Medication Information and Reconciliation Form for Sofia O., September 18, 2017 (filed partially under seal) ............................... 408-409 62 Yolo County Juvenile Detention Facility Parental Medical Authorization Form for Julio Z., December 14, 2016 (filed partially under seal) ......................................................................... 410-411 63 Patient Profile – Active Medications of Julio Z., December 12, 2016 (filed partially under seal)....................................................... 412-413 64 Declaration of Julio Z., November 13, 2017 (filed partially under seal) ....................................................................................... 414-424 65 Declaration of Sister of Victoria R., March 13, 2018 (filed partially under seal) ......................................................................... 425-431 66 Declaration of Proposed Sponsor of Victoria R., March 13, 2018 (filed partially under seal)....................................................... 432-435 67 Declaration of Grandfather of Gabriela N., March 15, 2018 (filed partially under seal) ............................................................... 436-441 68 Custody Order of the Immigration Judge re: Santiago H., February 21, 2018 (filed partially under seal) .................................. 442-443 69 Order of the Immigration Judge with Respect to Custody re: Santiago H., March 20, 2018 (filed partially under seal) ................. 444-446 70 Email from Toby Biswas re: Santiago H. Follow Up, February 23, 2018 (filed partially under seal) ................................................. 447-449 71 Case Review re: Santiago H., November 29, 2017 (filed partially under seal) ......................................................................... 450-452 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vii EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 8 of 49 Page ID #:16534 1 72 ORR Information Memo re: Community Safety Initiative for the Unaccompanied Alien Children Program, August 16, 2017....... 453-457 73 Declaration of John Doe 1, John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH, (W.D. Va. Jan. 17, 2018), Dkt. No. 34-1 ......................................... 458-464 74 Declaration of John Doe 2, John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH, (W.D. Va. Jan. 5, 2018), Dkt. No. 34-2 ........................................... 465-471 75 Declaration of John Doe 3, John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH (W.D. Va. Jan. 5, 2018), Dkt. No. 34-3 ........................................... 472-478 76 Declaration of D.M, John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH, (W.D. Va. Jan. 2, 2018), Dkt. No. 34-5 ............................................................ 479-484 77 Declaration of R.B., John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH, (W.D. Va. Jan. 8, 2018), Dkt. No. 34-6 ............................................................ 485-490 78 Transcript of Jonathan White, Saravia v. Sessions, Case No. 1815114 (9th Cir. Oct. 27, 2017), Dkt. No. 9-2 ................................... 491-548 79 Exhibit 1 to Appellees’ Request for Judicial Notice, Saravia v. Sessions, Case No. 18-15114 (9th Cir. March 16, 2018), Dkt. No. 20 ............................................................................................. 549-555 80 Stipulated Settlement Agreement, Flores v. Reno, Case No. CV 85-4544-RJK(Px) ..................................................................... 556-584 22 81 Declaration of Justin Mixon, October 19, 2017 ............................... 585-591 23 82 Email from Sarah Fabian re: Correspondence re: Legal Representation for Flores Class Members, March 23, 2018............. 592-594 83 Letter from James De La Cruz to Flores Counsel re: Psychotropic Medications, April 2, 2018 (filed partially under seal)................................................................................................. 595-601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 viii EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 9 of 49 Page ID #:16535 1 84 Individual Service Plan – Residential Treatment for Victoria R., Shiloh Treatment Center, Inc., December 26, 2017 (filed partially under seal) ......................................................................... 602-606 85 Declaration of Lorelei Alicia Williams, previously filed in this case in Docket No. 239-2, August 5, 2016 ...................................... 607-618 86 Declaration of Megan Stuart, previously filed in this case in Docket No. 239-2, August 1, 2016 .................................................. 619-646 87 Declaration of Carlos Holguín, April 10, 2018 ................................ 647-649 88 ORR Authorization for Medical, Dental, and Mental Health Care for Carlos A., July 31, 2017 (filed partially under seal) ........... 650-652 89 Declaration of Carter White, April 14, 2018, attaching Shiloh Treatment Center Consent to Medical Care Form ........................... 653-655 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ix EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 10 of 49 Page ID #:16536 1 2 3 I declare under penalty of perjury that the foregoing is true and correct. Executed on this 14th day of April, 2018, at Santa Clarita, California. 4 Respectfully submitted, 5 Carlos Holguín 6 /s/ Carlos Holguín 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 x EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 11 of 49 Page ID #:16537 Exhibit 21 REDACTED VERSION OF DOCUMENT FILED UNDER SEAL Exhibit 21 Page 109 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 12 of 49 Page ID #:16538 1 I, declare as follows: 2 3 1. 4 case, I would testify competently about these facts. 5 2. 6 was taken to Southwest Key in San Diego, where I stayed for three months. I have been 7 at Shiloh Residential Treatment Center for approximately nine months. 8 3. 9 with him. He applied to be my sponsor and has been trying to reunify with me since I This declaration is based on my personal knowledge. If called to testify in this I am 16 years old. I came by myself to the United States from Mexico in 2017. I I want to live with my dad, who is in San Jose, California, and he wants me to live 10 was at Southwest Key. When I was at Southwest Key, I was told that I would be released 11 to my dad within three months. Things move much faster at Southwest Key. Things 12 move very slowly at Shiloh. We have been waiting to reunify for about one year. My 13 dad completed all the reunification requirements. He completed a home study, and it 14 went well. I talk with him twice a week. I have been told that the doctor has to say it is 15 alright to release me to my dad. I was supposed to be released at the end of this month, 16 but I was told that I am a bit aggressive, so I am still here. My brother was murdered 17 recently, so I have been more sad than normal. 18 4. 19 met with me and explained that I had a right to seek a bond hearing. I signed a form 20 requesting a bond hearing, but the attorney never came back, and I've never had a bond 21 hearing. 22 5. I take two types of medications. I am told that both medications are for depression 23 6. I have said bad words to other minors here. The staff here say I need to behave 24 myself. No one has ever accused me of being in a gang. 25 7. I can't remember exactly when this happened, but a few months ago, an attorney I would rather be living with my dad rather than living at Shiloh right now. 26 27 28 Exhibit 21 Page 110 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 13 of 49 Page ID #:16539 1 I declare under penalty of perjury that the foregoing is true and correct Executed on this 2 _ _ day of 2018, at Texas. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 21 Page 111 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 14 of 49 Page ID #:16540 <°' 1 2 I, dl}A/ ~ (.fi;ifl// hfreby certify that I am proficient in both 3 4 --,---€ERT~A~ ftF TRANSLATION and that I accurately translated the foregoing statement and read it back to f?l,rug,lj 2B) Zll8 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 21 Page 112 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 15 of 49 Page ID #:16541 Exhibit 27 REDACTED VERSION OF DOCUMENT FILED UNDER SEAL Exhibit 27 Page 132 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 16 of 49 Page ID #:16542 Tuesday, January 16, 2018 BOARD OF DIRECTORS President Peter B. Edelman Georgetown University Law Center Vice President Christopher Wu Casey Family Programs Secretary Brian Rocca Morgan, Lewis & Bockius LLP Treasurer James D. Weill Food Research & Action Center (FRAC) Mary Bissell ChildFocus Alexander L. Brainerd Judicial Arbitration and Mediation Services, Inc. (JAMS) Sarah B. Fabian Office of Immigration Litigation – District Court Section P.O. Box 868, Ben Franklin Station Washington, DC 20044 Judith Haron Department of Health and Human Services Office of the General Counsel 330 Independence Ave., S.W., Room 4280-Cohen Bldg. Washington, DC 20201 Via email. Re: Flores, et al., v. Sessions, et al., No. CV 85-4544 DMG (C.D. Cal.). Dear Counsel: David E. Brown The Annie E Casey Foundation Thank you for considering measures to address the inappropriate administration of psychotropic medications to children in the custody of the Office of Refugee Resettlement (“ORR”). Thomas Ehrlich Stanford University School of Education Psychotropic medications have profound and long-lasting impacts on children. As federal District Court Judge Laughrey recently explained, Laura K. Lin Munger Tolles & Olson LLP Jack Londen Morrison & Foerster LLP Walter Patrick Loughlin K&L Gates LLP Mary E. McCutcheon Farella, Braun + Martel LLP Ryan J. Smith The Education Trust-West Jory C. Steele Stanford Law School Executive Director Jesse Hahnel Psychotropic drugs are powerful medications that directly affect the central nervous system. They are particularly potent when administered to children. Children administered psychotropic medications are at particularly serious risk of long-lasting adverse effects. They are more vulnerable to psychosis, seizures, irreversible movement disorders, suicidal thoughts, aggression, weight gain, organ damage, and other life-threatening conditions. M.B. v. Corsi, No. 2:17-cv-04102-NKL, 2018 U.S. Dist. LEXIS 3232, at * 4 (W. D. Mo. Jan. 8, 2018) Many psychotropic medications have limited or no approved uses by the Food & Drug Administration (“FDA”) for children and adolescents. For example, while a few antipsychotic medications have some FDA-approved uses with older children or adolescents, some, including several of those administered to the youth described below (e.g., Lurasidone and Ziprasidone), have no FDA-approved uses for persons below age 18. In addition, many antidepressants have a “black box” warning for children and youth. A black box warning is the strictest warning put in the labeling of prescription drug by the FDA when there is reasonable evidence of an association of a Exhibit 27 Page 133 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 17 of 49 Page ID #:16543 serious hazard with the drug. The black box warning for antidepressants advises that they may increase the risk of suicidal thinking and behavior in some children and adolescents. As described in Plaintiffs’ letter of December 19, 2017, class members with special mental health needs, particularly those housed at the Shiloh Residential Treatment Center (“Shiloh RTC”), are regularly placed on multiple psychotropic medications, told little or nothing about these medications, and often suffer negative side effects from such medications without recourse. The evidence also shows that children are often medicated at Shiloh RTC without the consent of parents who are present in the United States and accessible to facility and ORR staff. During the parties’ meet-and-confer of January 2, 2018, Defendants requested that Plaintiffs supply specific examples of these allegations; we do so below. came into federal immigration custody on February 21, 2016. Attachment 1. He was transferred to Shiloh RTC on March 14, 2016, Attachment 2, where he remained until April 12, 2016. Attachment 3. While at Shiloh RTC, was prescribed multiple psychotropic medications: Prazosin, Quetiapine, Sertraline, and Olanzapine. Attachment 4. This combination of drugs includes two antipsychotics, an antidepressant, and an antihypertensive (sometimes prescribed for adults for anxiety or posttraumatic stress disorder (“PTSD”)). The concurrent administration of more than one antipsychotic medication and/or multiple classes of psychotropic medications conflicts with professional association guidelines. Children administered multiple psychotropic medications at the same time suffer from an increasing number and severity of adverse effects. Published research also confirms that the administration of an antipsychotic and antidepressant concurrently to children or youth substantially increases the likelihood they will develop Type II diabetes and other cardiovascular problems. Parents of youth prescribed these drugs are cautioned to weigh carefully the risks and benefits of taking them. For example, the National Institute of Health cautions parents of youth prescribed Quetiapine as follows: “[Y]our parent, or your caregiver should talk to your doctor about the risks and benefits of treating your condition with an antidepressant or with other treatments. You should also talk about the risks and benefits of not treating your condition. You should know that having depression or another mental illness greatly increases the risk that you will become suicidal.” National Institute of Health, U.S. National Library of Medicine, available at Medline Plus, available at https://medlineplus.gov/druginfo/meds/a698019.html. Plaintiffs’ review of ORR file, produced December 27, 2017, uncovered nothing to indicate this his mother had consented to being given psychotropic medications. Nothing prevented Shiloh RTC from seeking mother’s consent to medicating him. Shiloh RTC knew that Lutheran Social Services had already begun evaluating mother as a potential custodian for him, Attachment 5, and that his mother resided in Nebraska. Attachment 6. Shiloh RTC also logged numerous phone calls to his mother, Attachment 7, foreclosing the possibility that Shiloh RTC staff could not have reached her via telephone. 2 Exhibit 27 Page 134 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 18 of 49 Page ID #:16544 Plaintiffs’ review of ORR file uncovered nothing to indicate that at Shiloh RTC himself had consented to taking psychotropic medications. When he was later transferred to Yolo County Juvenile Detention Facility, his ORR file notes that “he does not want to continue taking the medication as he feels it is pointless.” Attachment 8. The Yolo County case management notes report the following response to objection: “I informed youth that we continue to work towards his goal of reunification but has to do his part in ... being medication compliant.” Id. came into federal immigration custody in January 2016. He was transferred to Shiloh RTC in June of 2016 where he remained until December 2016. During his time at Shiloh RTC, was placed on numerous psychotropic medications including Duloxetrine, Clonazepam, Olanzapine, Geodon, Latuda, Divalproex, and Haloperidol. Attachment 9. This combination of drugs includes four different classes of medication, the majority of which, four of the six, are antipsychotics with very limited FDA-approved uses in children and adolescents. The use of multiple antipsychotic medications at the same time is inconsistent with medical guidelines. Moreover, the use of Clonezepam (trade name Klonipin) indicates that the other drug combination may have caused significant adverse effects – such as akathisia, a severe movement disorder. ORR Records indicate that, at times, was simultaneously placed on six psychotropic drugs, plus two additional drugs “as needed.” Attachment 9. In addition to the regular psychotropic medications he was placed on, was forcibly medicated on several occasions at Shiloh RTC, as well. Plaintiffs’ review of file revealed nothing to indicate that either or any family members provided consent for any of these medications. An independent psychologist who evaluated concluded that the multiple diagnoses was assigned while at Shiloh RTC were not justified based on his behavior and clinical presentation. For example, was diagnosed with Psychotic Disorder when he displayed none of the typical features of a psychotic disorder, but instead presented with autoimmune encephalitis and pneumonia. During his time at Shiloh RTC, the Shiloh psychologist identified multiple diagnoses, including Psychotic Disorder, Obsessive Compulsive Disorder and Bipolar Disorder assigned to that were inconsistent with his behavior. These diagnoses resulted in the prescription of inappropriate medications that had adverse side effects, including weight gain of almost 100 pounds. After arrived at Yolo County Juvenile Detention Facility, the Yolo psychologist recommended that he taper off of his medications. Attachment 10. Records indicate that health and behavior improved after his medications were reduced. Attachment 11. The foregoing examples are no aberration, rather they are representative of medication practices prevailing at facilities in which ORR regularly places class members. Detaining class members at Shiloh RTC—as regards the administration of psychotropic medications and in numerous other respects—is peculiarly at odds with Defendants’ obligation to house children in facilities that are “safe and sanitary and that are consistent with [a] 3 Exhibit 27 Page 135 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 19 of 49 Page ID #:16545 concern for the particular vulnerability of minors.” Flores Settlement ¶ 12. We accordingly urge ORR to stop placing class members at Shiloh RTC entirely. 1 Should it decline to do so, ORR should at a very minimum The Shiloh RTC is owned and operated by the same entity that formerly operated Daystar Treatment Center, also in Manvel, Texas. 1 In December 2015, the U.S. District Court for the Southern District of Texas had this to say about the Daystar facility: [Texas Child Care Licensing] has closed one facility in the past five years, but it is a story of horror rather than optimism regarding enforcement. The Daystar facility in Manvel, Texas had a capacity of 141 children. Between 1993 and 2002, three teenagers died at Daystar from asphyxiation due to physical restraints. In most cases, the children were hog-tied. Beyond these deaths, there were reports of sexual abuse and staff making developmentally disabled girls fight for snacks. Numerous stakeholders, including the district attorney, spoke out against Daystar, but the facility kept its license. In November 2010, a fourth child died in what was ruled a homicide by asphyxiation due to physical restraints. Daystar’s license was still not revoked until January 2011. [Texas Department of Family and Protective Services] allowed this facility—that was responsible for four deaths, numerous allegations of sexual abuse, and unthinkable treatment of developmentally disabled children—to operate for 17 years. ... The Court understands DFPS’s concern that enforcement might affect placement availability. The Court does not understand, nor tolerate, the systemic willingness to put children in mortal harm’s way. The Court finds that [Texas Department of Family and Protective Services'] inadequate licensing and inspecting causes an unreasonable risk of harm to [Licensed Foster Care] children. M.D. v. Abbott, 152 F. Supp. 3d 684, 803-04 (S.D. Tex. 2015). In December 2014, the Houston Chronicle published an expose about the Shiloh RTC itself. Carroll, Federal agency’s shelter oversight raises questions, Houston Chronicle (US & World), Dec. 19, 2014, available at www.houstonchronicle.com/news/article/Federal-agency-s-shelter-oversight-raises-5969617.php (last visited December 28, 2017). Shortly thereafter, Congresswoman Sheila Jackson Lee, a senior member of the House Homeland Security and Judiciary Committees and Founder and Co-Chair of the Congressional Children’s Caucus released the following statement: I am appalled by record of abuse and mistreatment of children at the Shiloh Treatment Center in Manvel documented by the Houston Chronicle in an expose published December 19, 2014. The abuses documented in that report – ranging from physical violence, unreasonable and excessive use of physical restraints, administering emergency medications without notice to governmental authorities, and several deaths of minor children while in custody – is not reflective of the quality of care and support that should be provided to the at-risk children, including the dozens of unaccompanied immigrant children, committed to its care. 4 Exhibit 27 Page 136 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 20 of 49 Page ID #:16546 dramatically increase its scrutiny of the treatment and conditions children experience during ORR custody at Shiloh RTC. We look forward to Defendants’ response to the foregoing. Sincerely, Leecia Welch One of the attorneys for Plaintiffs jacksonlee.house.gov/media-center/press-releases/shiloh-treatment-center-in-manvel-should-be-closed-by-hhsfor (last visited December 28, 2017). 5 Exhibit 27 Page 137 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 21 of 49 Page ID #:16547 Attachment 1 Exhibit 27 Page 138 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 22 of 49 Page ID #:16548 ( Warrant for Arrest of Alien U.S.Dcp111·tmcnl onTomcl11nd Security File No, Evant No:MCS1602000568 Dam:Fabruary 22, 2016 FINS #:1200597984 To any officer delegated authority pursuant to Section 287 of the Immigration and Nationality Act: From evidencesubmittedto me, it appears that: (Pull umo atallon) 8 ux_DAL~oo~, _T_zXA______ an alien who entel'edthe United States at or near ______ on art 2 1 20 1 6 _F_e_b_ru_a_r_Y_ _ ~•~ _ ~ _ ____ is within the countryin violationof the immigrationlaws and is (Dale) therefore liableto beingtaken into custody as authol'izedby section236 of the Immigrationand NationalityAct. ( ( By virtueof the authorityvested in me by the immig1·ation laws of the United States and the regulationsIssuedpursuantthereto, I commandyou to take the above-namedalien into cl1stodyfor proceedingsIn accordancewith the applicableprovisionsoft 1 immi ,affon Jaws and regulations. (!l.,,111n a111csi,.,acc4 1...,.pal!oe omcu) WILLIAMA. ~SEY ACTING PATROL AGENT IN CHARGE (Tillol Certlflcate of Service MaAll.an, Texas Servedbymeat _____________ on February 22, 2016 at 04:42 AM , I certify that followingsuch service,the alien was advisedconcerninghis or her right to counseland was furnished a copy of this warrant. Border ( Patrol Agent ........ Fonnl-2ao(Ro" OMJ1in7) N Exhibit 27 Page 139 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 23 of 49 Page ID #:16549 Attachment 2 Exhibit 27 Page 140 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 24 of 49 Page ID #:16550 Shiloh Treatment Center Psychosocial History Office of Refugee Resettlement Treatment History Have you ever been taken to the hospital or emergency room because you were hurt? ~\-eA Have you ever talked to a psychiatrist or counselor about an emotional problem? c02 f'Jt\JU\r! ~~+- Vr S'-1- Have you ever been seen in a psychiatric emergency room or been hospitalized for psychiatric reasons? cP pre..v, €\ovo ~ -t- ~ ll Have you ever been advised to take medication for anxiety, depression, hearing voices for any other emotional problems? R-r ·~r ciQ___,p~gstK S~t'<'~s. -b~_~ ~ !J¥Vv- List the shelters, foster homes and facilities you have resided in since being detained in the United States. Substance Abuse History DDenies Any History of Substance Abuse Substance Date of First Use Frequency Date of Last Use Alcohol Marijuana Cocaine Other Stimulants (Meth, Ritalin, etc.) Other Opiates (Oxycodone, Morphine) Nicotine ::: 1-:) J'/j lfYUVv.r Triggers for Substance Abuse: ' lllCIU Consequences of Substance Abuse: (1/ /Jtt' (0 Cl M-ye_---ffed / u Copy to Medical Chari I rl rLoJ ¢: d).J?-.2-/JG? ' Page 5 of 10 Exhibit 27 Page 141 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 25 of 49 Page ID #:16551 Attachment 3 Exhibit 27 Page 142 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 26 of 49 Page ID #:16552 identified? Specify: ( ·• Mental Health Provide a short summary of the UACs current functionlna: 05/12/2016 • was transferred to NOVAfrom Shiloh RTCon 4/12/2016, but he came Into ORRcareon 02/23/2016. During this time, he moved from a shelter, to a psychiatrichospital, to a residential treatment center, ultimately being placed in NOVAsecure. Upon arrival, initially presented with severe depression and complications associated with a traumatic head injury, resulting In psychiatric hospitalization for crisis stabilization and a recommendation for on-going Inpatient treatment. He was also prescribed seroquel and zoloft to manage his mood and sleep . However, while at Shiloh, began exhibiting aggressive behaviors towards staff and peers, which resulted in the move to NOVA. Upon his arrival, exhibited symptoms of depression and he reported symptoms of PTSD. He also refused to leave his room and made threats against staff and peers . However, it seemed that, as a result of his traumatic experiences, was afraid to leave his room and would use threats to avoid having to leave. He was assessed by the psychiatrist, who added Minipress to his medication regimen to treat his PTSD. Clinicianalso recommended a slow Integration into the community to ease his anxiety about being In a secure environment. In the past two weeks, has reported an improvement in depression, anxiety and sleep and a decrease in threatening and destructive behavior. He also reported a decrease in intrusive thoughts. He has been able to attend school every day for almost all of the school day. Finally,he participates appropriately in therapy and is committed to continuing his medication regimen. If he is able to maintain this behavior, clinician will discuss whether to refer the UCback to a residential treatment center for Intensive treatment or to a staff secure program. PsychologicalEvaluation Date of Evaluation: Evaluator: Axis!: Axlsll: Axlslll: AxisIV: AxisV: Summary of Recommendations: Trafficking Who planned/organized your Journey? What were you told about the arrangements Did the arrangements before the journey? r change during the journey? r, Yes No If yes, how? ( r Does your family owe money to anyone for the journey? r, Yes No If yes, how much? Whom is the money owed? Who Is expected to pay? What do you expect to happen if payment Is not made? Coercion Indicators Did anyone threaten r your or your family? r, YesNo If yes, who made the threats? r Were you ever physically harmed? r, Yes No If yes, how? r Was anyone around you ever physically harmed? r, Yes No If yes, who? r r, Were you ever held against your will? YesNo If yes, where? r Did anything bad happen to anyone else In this situation or anyone else who tried to leave? r, Yes No What happened and to whom? Did anvone ever keep/destroy r your documents? r, Yes No If yes, who and what? Did anyone ever threaten r to report you to the police/Immigration? r, YesNo ( If yes, who? r Are you worried anyone might be trying to find you? r, YesNo If yes, who? Debt Bondage/ Labor Trafficking r Did you perform any work or provide any services? r, Yes No Exhibit 27 Page 143 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 27 of 49 Page ID #:16553 Attachment 4 Exhibit 27 Page 144 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 28 of 49 Page ID #:16554 04/04/2016 Patient Profile - Active Medications Client: Teaching RUIZ-NAZARIO, Physician:JAVIER Allergies:No Known Drug Allergy Rx # Home:sB-B MD Instructions Medication *** Psychotropic Start Medications *** 53227 PRAZOSIN HCL CAP 2MG TAKE 1 CAPSULE BY MOUTH DAILY at 53285 QUETIAPINE TAB 200MG TAKE 1 TABLET BY MOUTH DAILY at 53249 SERTRALINE TAB 50MG TAKE 1 *** PRN Psychotropic ~ 1/2 Date 9:00 9:00 TABLETS BY MOUTH DAILY at PM 03/16/2016 PM 7:45 03/29/2016 AM 03/22/2016 Medications*** 53294 OLANZAPINE TAB lOMG TAKE l TABLET BY MOUTH EVERY 6 HOURS AS NEEDED FOR MILD AGITATION 03/30/2016 53300 OLANZAPINE TAB lOMG ODT DISSOLVE 1 TABLET BY MOUTH EVERY 6 HOURS AS NEEDED FOR MODERATE AGITATION 03/31/2016 *** Non-Psychotropic Medications*** 7: 53230 BAC/NEO/POLY QIN APPLY TO AFFECTED AREA ON FEET TWICE A DAY at 45 AM and 9:00 PM 53229 DEEP SEA SPR 0.65% INHALE 2 SPRAYS INTO NOSTRIL TWICE A DAY AS NEEDED at 7:45 AM and 9:00 PM 03/16/2016 53295 OLANZAPINE INJ INJECT iOMG INTRAMUSCULARLY EVERY 6 HOURS AS NEEDED FOR SEVERE AGITATION 03/30/2016 lOMG 03/16/2016 Exhibit 27 Page 145 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 29 of 49 Page ID #:16555 Attachment 5 Exhibit 27 Page 146 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 30 of 49 Page ID #:16556 Name: Admission Assessment Case#: Shiloh Treatment Center, Inc. Honduras. He tried again on 1-31-16, leaving alone and on foot, and paying his own way. He stopped in Mexico a few times to work in construction and to save up more money for the remainder of his trip. He asked other travelers along the way for directions, and traveled with other groups of travelers when he could. He crossed the border near Hidalgo by swimming across the river and then walking through the desert. He was apprehended by border guards on 2-21-16 and sent to shelter at Lutheran Social Services while his case could be evaluated. He was placed at Lutheran Social Services in New York on 2-23-16, where he made runaway threats and suicidal threats with a plan and he was sent to Bellevue Hospital for psychiatric inpatient services on 2-26-16. During his treatment at previous facilities, he has also · shared that he has suffered from many traumatic events. He reported that he has intruding flashbacks from witnessing his uncle getting shot in the leg by gang members, and eventually having to have that leg amputated. He also reported witnessing several other gang related incidences which included his grandmother getting injured, and being robbed by gang members while riding the train through Mexico. LSS has referred him to Shiloh Treatment Center for subacute care and a 30-day psychiatric evaluation while his mother is attempting to be approved as his sponsor so that they can reunite. Aliases: None reported Marital Status: Single Abuse, Neglect, Persecution, or Exploitation: Abandonment by father. History of severe traumatic events instigated by gang members in home country, and while traveling to the US. Typical Day in Home Country: reports that he would wake up at 5am, eat breakfast, and go to work in the fields. He quit school in 2012 so that he could work and save money to come to the US. Work ended at 2pm, when he would return home, relax, listen to music, and clean up and get ready for dinner at 6:30. Depending on how tired he was, he would go to bed between 8 and 11. Physical Characteristics: He is of average weight and height, and appears his stated age. Size: 5'-7"" 170 lbs. Characteristics: He has a medium complexion with brown eyes and black hair that he wears short and spiked up. He has some scars on his head from injuries sustained in home country. Page 2 of 8 Exhibit 27 Page 147 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 31 of 49 Page ID #:16557 Attachment 6 Exhibit 27 Page 148 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 32 of 49 Page ID #:16558 Psychosocial History Office of Refugee Resettlement Shiloh Treatment Center / Sexually Active: E1',_-- Sexually Orientation: Bfieterosexual History of Sexual Activity: • No • Homosexual DBi-sexual b'3'1-A-:--c Jr >:/ltct../r!J;2/wtf1 o± ~ {2 Legal History Family History Birthplace (City, State, Country): D\ {Ut\(;V\ 0 J Current place of residence (City, State): 1J~d, VroJ _N\~_6-..:_n_if_e,~\ _,_ _______________ 1 _t'~'f: _ List Family Members and Persons Living in Home Country. Name Relationship to Client Age Country wurtl.J List Family Members and Persons Living in the United States. Relationship to Client Copy to Medical Chart Age City, State Page 7 of 10 Exhibit 27 Page 149 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 33 of 49 Page ID #:16559 Attachment 7 Exhibit 27 Page 150 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 34 of 49 Page ID #:16560 Shiloh Treatment Center, Inc. MonthlyPhoneLog Client: Month: · Record all calls made. or received b the client, as well as all calls Shiloh staff makes or receives on behalf of the client. Source of Call lndividual{s) Callw or Calling Date Time Call From/ To Ust All. Client Service Director •• Client service Director Client • Initiated • Received •• Initiated Received • Initiated • Received •• Received Initiated •• Initiated Received ~---~--~-~---~~----,--:----.-___._ •Dkector Service •• Client Service l. . l'\,W~ Director • Client •Director service • Client •Director service • Client •Director Service • Client •Director service ~- __.._ __ __,_________ __,______ -----1\':;:;-..__.., Revised 01/22/15 \.,,--'"' · Exhibit 27 Page 151 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 35 of 49 Page ID #:16561 Attachment 8 Exhibit 27 Page 152 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 36 of 49 Page ID #:16562 - Yolo County Juvenile Detention Facility Office of Refugee Resettlement Program: Yolo Secure Facility Case Management Notes Youth Name: DOB: Date: 11/18/2016 Case Manager: Jose C. Date: Click here to enter a date. Case Manager: Choose an item. Date: Click here to enter a date. Case Manager: Choose an item. Date: Click here to enter a date. Case Manager: Choose an item. Date: Click here to enter a date. Case Manager: Choose an item. Date: Click here to enter a date. Case Manager: Choose an item. Date: Click here to enter a date. Case Manager: Choose an item. Date: Click here to 2000 Met with youth to discuss recent behavioral issues. Youth reported he has been frustrated with the actions of other youth in his housing unit and his current case status. Youth was reminded of what has been requested in his case and the completion of an Interpol check. Youth reported he does not want to continue taking medication as he feels it is pointless. We discussed his concerns and how he should follow up with the Dr. for clarification on medication and possible adjustment. Youth stated he is not interested in speaking with the Dr. I informed youth that we continue to work towards his goal of reunification but has to do his part in correcting his behavior and being medication compliant. Youth was provided a phone call to his mother for an update and to discuss his recent behavioral issues. Was reminded that his Clinician will be facilitating family session as well. ... .., -· ·• . .. .. '• ,. , ..., ...... ·•·- . ... . ,·, . Exhibit 27 Page 153 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 37 of 49 Page ID #:16563 Attachment 9 Exhibit 27 Page 154 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 38 of 49 Page ID #:16564 12/12/2016 - Active Profile Patient Medications Teaching Client: Physician Home:s s-A :JAVIER RUIZ- NAZARIO, MD Allergies: Rx # Instructi Medication «*• / Psychotropic Start o ns Date Med ica tions TAKE 1 TABLET BY MOUTH DAI LY at 9:0 0 PM 0 7 /0 5/20 16 53713 BENZTROPIN E TAB lMG 54435 CLONAZEPAM TAB 2MG 5 443 4 DIV ALPROEX TAB 50 0MG ER 539 7 4 DULOXETINE CAP 60MG 54427 GUANFACINE TAB 2MG ER 54384 LATUDA TAB 120 MG TAKE l TABLET BY MOUTH DAIL Y FOR 4 DAYS THEN I NC at 9: 0 0 PM 11 / 29 / 2 0 16 5438 5 LATUDA TAB 40MG TAKE l TABLET BY MOUTH DAILY (TAKE ALONG lvIT H 160MG AFTER BEING ON 1 20MG 4 DAYS ) at 9:00 PM 11 / 29 /20 1 6 / / c/ / TAKE 1 TABLET BY MOUTH TWIC E A DAY at 9: 00 PM 7:4 5 AM a nd 12 / 12 /20 16 TAKE 1 TABLET BY MOUTH TWICE A DAY at 9: 00 PM 7: 4 5 AM an d 1 2/ 1 2/20 16 TAKE l CAPSULE BY MOUTH DAI LY a t 7:45 AM 0 9/ 14 /201 6 TAKE l TABLET BY MOUTH DAI LY at *** PRN Psychotropic 7 : 45 )Uol 12 / 06/ 20 16 Medicat i ons*** 0 6/ 02 / 20 16 53580 GEODON I NJ 20MG INJE CT 20MG I NTRAMUSCULARLY EVERY 8 HOURS AS NEEDED .OR AGGRESSI VE BEHAVIOR 5 399 7 OLANZAPINE INJ lOMG INJE CT lOMG INTRAMUSCULARLYEVERY 6 HOURS AS NEEDED SE VERE AGIT ATI ON, PBSICAL AGRES S ION 09 /2 0 /2 0 1 6 539 98 OLANZAPI NE TAB lOMG ODT DIS SOLVE 1 TABLET BY MOUTH EVERY 6 HOURS AS NEEDED FOR AGITATI ON AND AGGRESSIO N 09 /2 0/ 20 16 Non-Psyc hotropi 54399 MEAL REPLACEMENT SHAKE c Medic ati ons ~** GI VE 1 S HAKE 3 TIMES DAI LY (OFFE R TO REPLACE A MEAL ) a t 7:45 AM, 12:00 PM a nd 6 :00 PM 11 / 30/2 016 Exhibit 27 Page 155 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 39 of 49 Page ID #:16565 06/13/2016 Patient Client: Physician:JAVIER Allergies: Rx # - Active Profile Medications Teaching RUIZ-NAZARIO, Home:s8-A MD Start Instructions Medication *** Psychotropic Medications *** 9:00 BENZTROPINE TAB 0.SMG TAKE 1 TABLET BY MOUTH DAILY at 53578 HALOPERIDOL TAB lMG TAKE 3 TABLETS BY MOUTH DAILY at 53579 LORAZEPAM TAB lMG DAILY at TAKE 3 TABLETS BY MOUTH 3 TIMES PM and 9:00 PM 3:30 53606 LORAZEPAM TAB 2MG 3 TIMES TAKE 1 & 1/2 TABLETS BY MOUTH PM PM and 9:00 45 AM, 4:00 53580 GEODON INJ 20MG ?~~sychotropic '-ttefl.-P Medications 9:00 06/02/2016 PM 53577 *** Date 06/02/2016 PM 7:45 DAILY at AM, 06/02/2016 7: 06/08/2016 *** 8 HOURS AS INJECT 20MG INTRAMUSCULARLY EVERY NEEDED FOR AGGRESSIVE BEHAVIOR 06/02/2016 NCYL_000980 Exhibit 27 Page 156 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 40 of 49 Page ID #:16566 Attachment 10 Exhibit 27 Page 157 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 41 of 49 Page ID #:16567 12/29/2016 12:24 1661255T PAGE 16/21 JOHNBAKER '1 1,: _ S - SUSJECTIVE 0 - OBJ!;OTIVf Colifomia ForensicMedicQIGroup I A• ASSESSMENT p . PLAN N C O ~j ~ PAOBLEM(S) TREATEO _.,.;C;;,,;./IFfl\Q\.;;;;.: __ I , Q I .~ I 00B ; (M.1) DATE r O ~'S_-~o_o_ BOOKlN\3 NO.:--------- PROGRESS NOTES PROGRESS NOTES CnviP-tv thornzh this annears incongruent as it was repmted to this writer by . medical staff that Youth was verv tearful upon intake. Youth denies any past mh"t"n"e abuse. Youth will be olact:d on MHMD sic. MH F/U x4 weeks or PRN. HP :~ <>w0 e nf s/c nrocess. M~F· V 011th ?resented with good eve contact, but a flat and guarded affect/mo od. r~~~ht . and iud1Jn1entare poor. Thoughts were clear and linear, goal oriented. No is sxs observed or exoressed. Speech was clear. No acute distress . 0~ ..No..!~d L--~)\.,t) ~ "'\ / "-~ ~ "'"'-\ \ I \ i \_ ~ PROGRESS NOTES ~ / CFMGSOAP1 Page II Exhibit 27 Page 159 _ Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 43 of 49 Page ID #:16569 Attachment 11 Exhibit 27 Page 160 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 44 of 49 Page ID #:16570 01/05/2017 12:05 1661255?- S · SUBJECTIVE 0, OBJECTIVE PAGE 01/13 JOHN BAKER ! Californiaforensic Meditcd Group I A· ASSE:SSMi;;NT N C O I I 0, • 1' I I 0 P• PLA NAME: PROBLEM(S) TREATED 8•0KING NO.:-- 0/ilE - -'--- -- --- PROGRESS NOlES eBOGRESS NOTES OFMGSOAP1 Exhibit 27 Page 161 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 45 of 49 Page ID #:16571 Exhibit 30 REDACTED VERSION OF DOCUMENT FILED UNDER SEAL Exhibit 30 Page 169 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 46 of 49 Page ID #:16572 1 I, 2 1. 3 case, I would testify competently about these facts. 4 2. declare as follows: This declaration is based on my personal knowledge. If called to testify in this I arrived in the United States at the end of 2014. I have been in six shelters and one 5 hospital. I am currently in the shelter at MercyFirst in Syosset, New York. 6 3. 7 After I an·ived in the U.S., I was in a shelter in Texas and then they transferred me to a hospital for crazy people. Being there made me feel desperate; I felt like I would go 8 crazy. The walls were all white and they made you sit in a special seat if you misbehaved. 9 I stayed for 14 days. 10 4. After the hospital, I went to a shelter in BJ Paso, Texas called Southwest Key and 11 then to one in Houston. They moved me to Houston because the staff there could give me 12 more medicine. I don't remember if I got anything in writing about their decision but I 13 don 't think I had an opportunity to challenge it. 14 5. 15 medicine. I took nine pills in the morning and seven in the evening. I don't know what 16 medications I was talcing; no one ever told me that. I don' t know what my diagnosis or 17 iJJness is. The medicine made me fat. I used to be really skinny. It made me very hungry; 18 I used to eat three plates at a time. 19 6. 20 intentionally. They made us act violently so then we bad to be given shots. The staff 21 would insult us and call us names like "son of a whore." They often did it in English but I 22 understood some English so I would know what they were saying and get really angry. 23 7. 24 was "Hors." He called the medical staff to the classroom to give me shots many times. 25 One time, I got angry in class and wanted to leave the classroom. I was sitting down but 26 he came and touched me so I got angrier. Then he grabbed me and twisted my ann 27 behind my back then lifted up so I felt like my shoulder was braking. I screamed. The 28 teacher had done the same thing to one of my fdends. From Houston, I was moved to Shiloh. ln Shiloh they gave me even more Some of the staff at Shiloh would provoke the children there and make us angry Two of the staff members were violent with me. One was a teacher whose name 1 Exhibit 30 Page 170 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 47 of 49 Page ID #:16573 1 8. When he would call the medical staff, they would come and give me a shot to 2 tranquilize me. It happened many times. They would give me the shot and then I would 3 start to feel sleepy and heavy, and like I didn't have any strength. I would sleep for three 4 or four hours and then wake up and slowly start to feel my strength return. When the 5 did th~ they left :me in the classroom near the wall to sleep. I also saw them do that to 6 one of my friends,. 7 9. Another staffmember at Shiloh was also violent with me twice. I don't know his 8 name; he was older and he retired while I was there. When he grabbed me, he would 9 bend my hand all the way back so it almost touched my wrist It really hurt. I almost 10 cried, but he just laughed. l 1 10. I wanted to stop taldng all the medication they were giving me at Shiloh but when 1 12 told the doctors that they told me that I had to continue because it calmed me. I met with 13 two different doctors there; both were men. I said the problem is this place, it makes me 14 angry. I was so scared there, I tried to behave well to get tranSferred. 15 11. Finally, I was transferred to Sky in Chicago in November, 2016. There, the doctor 16 let me begin to stop taking the medications I didn't like. I was right From the day I got to 17 Chicago, I never got angry again. I felt better every day, as I stopped taking so much 18 medication. 19 12. In May, 2017, I was moved to the Residential Treatment Center at MercyFirst. I 20 don't know why exactly. The staff said I would be treated better here. I didn't want to go 21 because I had gotten accustomed to 1he program there but I agreed and I went voluntarily. 22 I don't remember if I was given anythmg in writing. 23 13. I was taken to the hospital three or four times while I was at RTC but 1 never 24 stayed overnight. I did not have any discipline problems that I remember. In October. 2017. I was stepped down ftom theRTC to the shelter atMercyFirst 26 Now, my case worker says she is about to submit the paperwork for me to go to long25 14. 27 term foster care and live with a family. My only relative in the U.S. is my grandmother's 28 2 Exhibit 30 Page 171 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 48 of 49 Page ID #:16574 1 brother and be does not want to sponsor me. I miss my family in Mexico, especially my 2 mom, but I am scared to go back there because ofthe people who threatened to .kill me. 3 15. 4 I have not gotten a notice about a bond hearing o{ a list of legal services. 5 I declare under penalty of perjury that the foregoing is Executed on this 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Exhibit 30 Page 172 Case 2:85-cv-04544-DMG-AGR Document 420-2 Filed 04/23/18 Page 49 of 49 Page ID #:16575 1 CERTIFICATE OF TRANSLATION 2 I, Andrea Barrientos, hereby certify that I am proficient in both Spanish and 3 4 5 English, and that I accurately translated the foregoing statement and read it back to . in its entirety in Spanish on November 15, 2017. 6 7 Andrea Barrientos 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Exhibit 30 Page 173