Oshkosh, Wisconsin: Teacher Laurie Ann Hoopman, 48, dies after being repeatedly kicked in the chest by a student

By Jennifer K. Woldt • of The Northwestern • August 17, 2010
More than three years after an Oshkosh middle school teacher died, attorneys are still arguing whether she died from injuries she received while working with an autistic student.

At stake are death benefits a state commission says the Oshkosh School district and its insurance company owe her family.

Laurie Ann Hoopman, 48, was found dead by her children March 20, 2007, days after her co-workers said they saw a student kick her in the chest.

Her family argues Hoopman died due to injuries she received when an autistic student in her Carl Traeger Middle School class kicked her in the chest multiple times in the days before her death. The Oshkosh school district and its insurer said the cause of Hoopman's death is unknown.

"We're just trying to get the truth out there," Laurie Hoopman's husband, Steve Hoopman, said Monday. "Everybody's not accepting the truth that we know is out there."

Attorneys representing the Oshkosh School District and Acuity Insurance Company, filed an appeal in Sheboygan County Circuit Court last week that seeks to reverse a state Labor and Industry Review Commission's ruling that the school district and insurance company pay Hoopman's family death benefits and funeral and burial expenses along with making a payment to the state's work injury supplemental fund.

Officials from the Oshkosh school district declined comment and others did not immediately return a phone call seeking comment on this story Monday.

An administrative law judge presiding over a state Department of Workforce Development Worker's Compensation Division hearing ruled it was unclear what caused Hoopman's death and therefore benefits did not need to be paid out. On appeal, the Labor and Industry Review Commission reversed the decision and ordered the family was entitled to the benefits.

A circuit court judge will review the evidence that was presented during those hearings before making a ruling, said Terence Bouressa, the De Pere-based attorney representing Hoopman's family.

The appeal has been filed in Sheboygan County, where Acuity Insurance Company is based, but Bouressa said these types of action are usually heard in the county where the injury occurred or where the employee or employer is based. He said he is planning on filing a motion to see if the case could be moved to Winnebago County Circuit Court.

Bouressa is unsure when a decision would be made, but said it could take four to six months.

Jennifer K. Woldt: (920) 426-6676 or jwoldt@thenorthwestern.com.

Niskayuna, New York: Jonathan Cary, 13, asphyxiated while being restrained at group home

Jonathan Carey, age 13

Welcome to the Jonathan Carey Foundation.

Lisa and I, the parents of Jonathan, would first like to thank everyone for your love, your prayers, and your encouragement throughout this extremely difficult time, and for all your support as we were fighting for Jonathan’s Law. Our hearts are broken and the pain of missing Jonathan is excruciating at times, but we know that Jonathan is happy and safe with our Lord Jesus in Heaven for all eternity, which helps us tremendously.

Right now we must move forward. We are compelled to help other vulnerable children, and to help prevent other children from suffering abuse and neglect like Jonathan suffered. We would like you know a little about our son Jonathan. Jonathan was diagnosed mentally retarded before he was two years old and then diagnosed autistic at six years old. Jonathan’s life was difficult in many ways because of the afflictions he suffered, as well as not being able to speak and communicate properly. You can only imagine the frustration, if it were you. Lisa and I placed Jonathan in the Anderson School in Staatsburg , New York , in January of 2003, so he could learn and prosper more as well as be toilet trained. We were told that the school had 100% success with toilet training, and highly structured teaching in their school, and that the carry over in the residential settings was excellent. Jonathan was making some significant gains, but in the Fall of 2004, things took a horrible turn for the worse. We received a call from the Director of the school saying that our son was in a crisis. Afterward, we found out that the school was withholding meals on a daily basis from Jonathan for behavior modification, or “intense programming” in their own words, whenever Jonathan did not have his shirt or clothing on. Jonathan was struggling with a compulsive problem of keeping his shirt on, and this is how the school planned to program our son, without our knowledge or consent, or the knowledge or consent of a Human Rights Committee. This unbelievable abusive and neglectful plan was then carried out by numerous staff for over five weeks. Jonathan was also secluded for extended periods of time in his bedroom, at times naked lying in his own urine, missing many days of school, without our knowledge. During this time, Jonathan sustained dozens of bruises over much of his body, which was not reported properly by the school to both New York State agencies, OMRDD or CQC, as required for investigation. How can such things happen? How can people do such inhumane things? It is still hard for Lisa and I to understand how people can do such things. After a four week investigation was completed by OMRDD regarding these abuses of our son Jonathan, all of the records were then immediately sealed by the State of New York and none of the individuals involved were held accountable by law. The State of New York continued to withhold all of these records from us until the amendment to Jonathan’s Law was signed by Governor Spitzer on July 18, 2007. Now under Jonathan’s Law, parents and legal guardians are able to obtain valuable investigative records and incident reports regarding their children to help insure their safety. Under the amendment to Jonathan’s Law, parents and legal guardians can obtain investigative records and incident reports dated from January of 2003 until the current date, by requesting their records in writing, by no later than December 31, 2007.

After removing Jonathan from the Anderson School , Jonathan struggled incredibly as a result of the abuse he went through. Jonathan was then diagnosed with Post Traumatic Stress Disorder as a result. After doing our best to care for Jonathan at home, without getting much assistance from OMRDD, despite pleading for help, we had to place Jonathan in another facility. We could not care for Jonathan alone. At this time Jonathan went into OD Heck, in Niskayuna , New York , which is a State run residential facility. A year and a half later, on February 16, 2007, while away on a trip, Lisa and I got the most horrible news any parent could ever get. “Last night Jonathan stopped breathing and he could not be revived”. Lisa and I both buckled to the sidewalk under the grief of the news coming over the payphone. We were in St. Thomas trying to get some respite from life’s difficulties, to get the worst news imaginable. We later received, a call saying that two men have been arrested and charged for improperly restraining Jonathan to death. Lisa and I were a couple of thousand miles away, and our precious first born son Jonathan was killed, we are told. If it were not for our faith in Jesus, there is no way we could have survived it all. By His amazing grace, as well as the amazing outpouring of love through so many people, we are doing OK. Hurting, yes, but we know there are many things we must do. We are compelled to help prevent this from happening to other children or their families. This is why Lisa and I have established the Jonathan Carey Foundation in Jonathan’s name, to do everything possible to stop such injustices, and help vulnerable children.

Most vulnerable children cannot speak or defend themselves and desperately need our help, meaning each and every one of us, in whatever way we can. Lisa and I have gained much insight through all that we have gone through, and have a responsibility to use that insight and knowledge to help bring about necessary changes and fight for what is right. Our hope and our prayer is that these changes will affect the lives of thousands of precious children and their families. We must continue to raise awareness of the issues facing those living in residential care facilities and schools, and their families.

We are also compelled to raise awareness and to encourage people to get involved in rescuing orphaned and abandoned children. We have been involved with a ministry called Hearts of the Father Outreach for many years now. I have seen first hand several young children, without parents, poor and destitute, sleeping on sidewalks in plastic corn meal sacks in need of a home, love, and their basic needs met, such as regular meals, clothing, and medical attention. These children can be rescued and literally saved for very little cost, if people first care, and second have an avenue to help. Our desire is to help point the way to other existing organizations and ministries that are doing such wonderful work. The Jonathan Carey Foundation is all about helping vulnerable children in any way possible, but it is going to take a team effort. There are millions of vulnerable children, in all sorts of dire need. Will you help? If everyone helps in whatever way they can, a tremendous number of precious children’s lives will be turned around, and I believe forever.

We are closing our family business named Solo Auto Sales, located at 90 Delaware Avenue in Delmar , New York , and are converting the use of the property into the office for The Jonathan Carey Foundation. We are now currently able to accept charitable contributions, which are tax deductible. We are going to need your help, as well as the help of our entire community, to accomplish and bring about the necessary changes needed to insure the safety and wellbeing of vulnerable children. Thank you for caring, and thank you for considering supporting The Jonathan Carey Foundation. If you would like to help financially, please click on the donate tab for the information necessary. Thank you.

Michael Carey

Miami, Florida: Amber Alert boy, Jared McGuire, found Dead

Jared McGuire, age 8

The body of an 8 year old autistic boy was found in a pond 100 feet from his home today, one day after police launched a massive search for him.

Jared McGuire's mother told authorities she last saw him sleeping on the couch Thursday afternoon. After she reported him missing, police searched the Greenacres area with officers, dogs and a helicopter. Police in this Palm Beach County town issued an Amber Alert after a witness reported seeing a child matching Jared's description being forced into a van. It is now unclear whether that witness was mistaken.

Greenacres police say an autopsy will be conducted this afternoon to determine a cause of death. Authorities said Jared suffered from severe autism that required medication and that he had trouble speaking.

Toronto, Ontario: Woman guilty of drowning autistic daughter, Scarlet Chen

Scarlet Chen, age 4

toronto.ctv.ca
Date: Sat. Mar. 1 2008 7:21 PM ET

A Toronto mother has been found guilty of drowning her four-year-old autistic daughter in a bathtub inside their Scarborough home.

A Superior Court jury returned its verdict Saturday morning after two days of deliberation.

Xuan Peng, a 36-year-old Chinese immigrant, was convicted of second-degree murder in the death of her only daughter Scarlett Chen.

Scarlett was discovered unconscious by her father David Chen in their home on Rosebank Drive on July 12, 2004.

At the time, police questioned Peng, who said she had filled up the tub to clean some kitchen utensils, court heard.

Peng said her daughter had been taking a nap in the bedroom next door, and must have wandered in and drowned accidentally. The two were home alone.

However, seven months later, investigators charged Peng with killing her child.

Prosecutors said Peng drowned her daughter in a moment of frustration, saying she was upset after being told by a doctor just hours before Scarlett died that there would be no surgical solution for the girl's problems.

Shortly after her arrest, Peng removed her glasses, smashed them and used them to slash her arms, according to evidence at her bail hearing that the jury wasn't allowed to hear, the Toronto Star reported.

Scarlett was described as a healthy but developmentally delayed girl who was diagnosed as mildly autistic. Her parents sent the baby to live with her maternal grandmother in China for 2 1/2 years, the court heard.

When Scarlett returned to Toronto with her grandmother in March 2004, she never really bonded with her parents and Peng couldn't cope with her, Crown prosecutors argued.

Defence lawyers, however, insisted Peng was a loving and devoted mother. Her husband testified that she adored their child.

Peng began to suffer from depression after Scarlett was born, which is one of the reasons she could not care for the child, police said at a bail hearing, according to the Star. She was diagnosed as suffering from a bipolar affliction disorder.

Emotional trial

The trial was an emotional one for those involved. After the verdict, one of Peng's lawyers broke down in tears, too upset to speak to reporters.

"We think it's a reasonable verdict and at the end of the day this is about Scarlett, and unfortunately she's passed and there's nothing that can be done about it," said Crown prosecutor Kim Motyl.

Even veteran investigators were torn with emotion.

"Even though there has been mental illness problems with Mrs. Peng, I feel just as much sorry for her and her family because there is a loss for her and Mr. Chen and her mother," said Det. Sgt. Ray Zarb. "It's a sad day for all parties."

A conviction on second-degree murder carries an automatic life sentence. The judge must now decide when Peng will be eligible to apply for parole.

Prosecutors will ask that Peng serve 10 to 20 years before being eligible for parole.

Sentencing has been set for March 14.

With a report from CTV Toronto's Ken Regular

Milwaukee, Wisconsin: Torrance Cantrell, 8, dies after parishoners perform exorcism for his autism

Torrance Cantrell, age 8

Autistic Boy Dies During Exorcism
8-Year-Old Wrapped In Sheets During Storefront Prayer Service

(CBS/AP) An autistic 8-year-old boy died while wrapped in sheets during a prayer service held to exorcise the evil spirits that church members blamed for his condition.

The minister who performed the service was arrested in connection with the death, which occurred Friday night at a church in a run-down strip mall.

The mother had been taking her son to Faith Temple Church of the Apostolic Faith three times a week for the last three weeks in hopes of curing his autism, said Bishop David Hemphill Sr.

It was after more than an hour of prayer that a parishioner noticed the boy was no longer moving and called emergency workers, Hemphill said. The boy's grandmother said force was used, an allegation disputed by church members.

“We were asking God to take this spirit that was tormenting this little boy to death,” Hemphill said. “We were praying that hard, but not to kill.”

Hemphill identified the boy as Torrance Cantrell and the man arrested as Ray Hemphill, his brother and another minister who led Friday's service. David Hemphill said he has not talked to his brother or the boy's mother, Patricia Cooper, since Friday night. Cooper could not be reached for comment.

Police have not released the boy's name but have said they don't believe he was struck. The results of an autopsy also have not been disclosed.

Church members had wrapped the boy in sheets to keep him from scratching himself and others, but he was allowed to sit “any way that he feels comfortable,” Hemphill said.

The boy's grandmother said the boy had been restrained.

“They held the boy down, they held him down until ... he went to a smothery grave,” Mary Luckett told Milwaukee television station WTMJ.

The Milwaukee Journal Sentinel reported that David Hemhill's wife, Pamela Hemphill, said that Torrance's mother held the boy's feet and two other women held the boy's hands during the prayer session.

David Hemphill started the independent church in 1997. It meets twice a week and has a congregation of six families.

Cooper, the boy's mother, started coming to the church about three months ago after she met a parishioner at a doctor's office, Hemphill said. Cooper told the parishioner about her son's autism, and the church member invited her to a Sunday service. She joined the next week.

A makeshift memorial with four colored candles and a few stuffed animals sat on a window ledge outside the boy's home Sunday.

Waukegan, Illinois: Brian Kent's unsolved death in an insitution leads to Brian's Law

Brian Kent, age 25

August 8, 2010
BY MAURA POSSLEY

Brian's parents were still in shock when they arrived at a Waukegan hospital on a fall night in 2002.They hadn't spoken much during the hour-and-a-half ride from their Oak Forest townhome.

They could think only of the news they had so far: Their 25-year-old son had arrived at the hospital with no pulse. Doctors couldn't revive him.

Jim and Linda Kent saw the white sheet pulled up to Brian's chin, covering the rest of his 100-pound frame.

He was gone, and something went terribly wrong.

The deputy coroner agreed. He looked Jim Kent in the eye that night.

"He says, 'He's 25 years old, young - I'd sure like to know how he died,' " Kent recalled. "I said, 'We do, too.' "

Eight years later, the Kents still aren't sure what happened to Brian.

They do know he never got the services he should have, as someone with profound disabilities in the state's care.

Though Brian's life had ended, his story would continue with his parents discovering a new way for their son to live on.

Through this one couple's determination to speak out, Brian's life became the inspiration of a new state law that will examine these deaths in a new light, in a bid to prevent another of these vulnerable residents from dying prematurely. The law takes effect Jan. 1.

"He was kicked in the abdomen. Nobody was held accountable, and that's just what floors me," Jim Kent said, reflecting on the nightmare his family was only beginning to face on that October night.

"His heart was excellent," his mother said. "He would have lived forever."

The baby brother

Brian Kent was born March 8, 1977, in Rock Island, a third child for the Kents. Sister Laura was the eldest, followed by brother Randy.

He had inherited his dad's traits - at least in his shock of red hair.

Quickly, the family knew there was something different about Brian.

And by age 10, Brian's autism and other disabilities needed more care than they could provide.

He had compulsive tendencies, whether it was arranging furniture in a certain way or knocking on windows or flipping through magazines. Knocking on a window one day, it broke on Brian and his mother found him standing in a bed room holding a piece of glass.

Brian was nonverbal and had vision problems, but he communicated with others physically - by gently taking their hand to a faucet if he wanted water, for instance.

He spent his youth in two facilities downstate before he was transferred in 2002 to the Kiley Developmental Center in Waukegan. Run by the state, it seemed the appropriate next step needed to monitor his medications and handle his care into adulthood, his parents said.

"They had everything right there," Linda Kent said. "It was so impressive."

Cottages shared by residents were laid out in an oval, with a walking path connecting them. The Kents thought Brian would love it there. He constantly was active, and it offered a place to safely be so.

Thirteen weeks later, Brian was dead. He died from peritonitis due to blunt force trauma to his abdomen, which caused a distended intestine. A coroner's inquest later ruled his cause of death undetermined.

Searching for answers

In the year after Brian's death, the Illinois State Police and state inspector general's office investigated Brian's death.

No charges ever were filed and no one person could be pinpointed for the injury to his abdomen.

The Illinois Department of Public Health also investigated and admonished Kiley staff for failing to properly care for Brian and ensure his safety. The department also required Kiley to take corrective action, which the center did.

The family was left feeling Brian became lost when he moved into Kiley, an expansive facility compared to his previous homes.

They felt no one was ever held accountable for a lack of care they believed led to his demise, and the set out to change that.

A year after their son's death, the Kents read about the Chicago-based Equip for Equality, a federal watchdog group that advocates for people with disabilities. They told Brian's story, and the poor care they felt he'd received.

So began their quest together to bring about more oversight in light of his death.

Last moments

In its own report on Brian's time at the Kiley Center after state investigations concluded, Equip for Equality found that not one incident led to his death but many factors, including "the lack of recognition of Brian's value as a human being to direct care staff."

Equip for Equality has pushed for residents of state-run centers for the developmentally disabled be moved to smaller, community-based settings.

The group chronicled Brian's last day at Kiley and found he was unusually lethargic, was doubled over when he walked and vomited. It found staff assessments of his health were delayed.

When staff found he wasn't breathing and didn't have a pulse at 6 p.m., they failed to give CPR. Instead, they called his name, rubbed his legs and arms and propped him up in a chair, according to the report.

The group also found in his 13 weeks there, Brian, who had a staff member monitoring him 24 hours a day, had suffered 57 injuries, 18 of which were unexplained.

Finding closure

The Kents' quest became reality last month, when Gov. Pat Quinn signed what has become known as Brian's Law. It aims to prevent another early death of anyone receiving developmental or mental illness services statewide by creating a independent oversight committee.

The committee is charged with investigating deaths of anyone with a mental illness or physical disability receiving services by the state. They'll report their findings to the state Department of Human Services, which must respond to the committee based on its recommendations.

Members of the committee must be volunteers. Equip for Equality said the bill likely would not have passed if it required the state to pay the members, given the state's massive budget deficit.

The law's watchdog role into these deaths, the group said, comes at a critical moment as the state budget has scaled back social services.

"There's no question that (the Kents') personal story and willingness to share what happened made a huge difference and had a huge impact on legislators," said Equip President and CEO Xena Naiditch. "So I really think this is their bill, this is Brian's Law."

Enduring memory

In a room at the top of the stairs in the Oak Forest home of Jim and Linda Kent, a memorial to Brian hangs. A dried flower wreath from his funeral adorns his framed picture, flanked by fake ice cream sundaes.

Soft serve was his favorite.

They had to put up something to remember Brian, his parents said.

Indeed, Brian Kent will live on even after his memorial doesn't some day.

"It's not going to bring him back, but we're hoping the law really changes things for others," Jim Kent said. "I guess it makes his life worthwhile."

BRIAN'S LAW

In the eight years since 25-year-old Brian Kent died, his parents, Jim and Linda Kent, have struggled to find a way for their son to live on.

The Oak Forest couple saw their dream realized on July 23, when Gov. Pat Quinn signed what has become known as Brian's Law.

First introduced in the Illinois General Assembly in 2008, the bill received the overwhelming support of lawmakers this past spring session.

It helped that the Chicago-based Equip for Equality group, an advocate for people with disabilities, backed the bill after the Kents came to them in 2003 with the story of Brian's death. It's not often parents of children like Brian speak up, the group said.

The law creates an independent committee of experts to examine every death of a person with a mental illness or developmental disability who dies while receiving services at a state facility or community agency.

The team is volunteer-based and will report recommendations and findings to the Illinois Department of Human Services, which is required to respond. The committee must include people from the following professions:

• Physicians experienced in providing care to people with developmental disabilities and mental illness.

• Registered nurses experienced in providing care to people with developmental disabilities and mental illness.

• Psychiatrists.

• Psychologists.

• Department of Human Services staff not employed by the facility where the death occurred.

• Department of Public Health staff.

• State's attorney's representatives.

• Coroners or forensic pathologists.

• Staff from local hospitals, trauma centers or other emergency personnel.

The law takes effect Jan. 1.

Barnegat, New Jersey: The Jason Tallman Story : Death and the High Cost of Kidspeace

Jason Tallman, age 12

CAICA
He was a small, brilliant and difficult little boy, full of poetry, and cherished by the parents who loved him, Rick and Jane Tallman. It is over a decade now, but feels like yesterday. I represented the Tallmans in their special education dispute against the Barnegat School District in southern New Jersey. I was in the courtroom when Jason was ordered into KidsPeace by an administrative law judge, against parent wishes and medical recommendation. Barnegat had sabotaged the only available school placement for Jason, so that there was no place for him to go except a Human Services placement in Pennsylvania. After the order, his mother whispered to me, “He’ll die there. That’s not for Jason.” But nobody listened, in spite of Motions to Reconsider. DYFS and the State of New Jersey abandoned this jumping bundle of creative, endless energy to the system. He had disabilities. He had genius. He had parents who fought for his survival. But nothing could win against the corruption of the bureaucracy and the State. Jason needed a school. What he got was death. Jason died less than a day after he was placed at KidsPeace, suffocated by an obese employee who sat on him and suffocated him.

I’ve learned about more death and abuse at KidsPeace recently, remembering the federal judge who refused to hear Jason’s case after his murder until it had gone back to the administrative court for fact finding. I did that trial, too, remaining haunted by the school’s manipulation of facts, the smugness of the school personnel who had neither shame nor guilt. They were proud of their ability to prevent justice and kill the child they failed to teach. I remember the look on the face of the judge when the case was remanded. The same judge who originally ordered Jason to KidsPeace, Joseph Martone, presided over the fact-finding trial. He knew his actions resulted in unspeakable tragedy. He was a good judge who made a fatal mistake that killed a child because that is the way the system is designed. At the end of the trial, the political hands within the OAL “Decision Review” wrote the decision.

The present status of special education will cost more deaths and abuse at KidsPeace, as well as other places throughout the country with staff untrained to handle the needs of disabled children. Spiraling costs of special education leave school districts desperate to put the funding responsibility elsewhere. The new Individuals With Disabilities Education Act recognizes the need to address “high cost placements” through interagency agreements. But New Jersey has never abided by the concept that special education is the responsibility of multiple agencies. It is cheaper to have custodial placements than to create schools to instruct the extremes of the disability spectrum. Departments of Education have their list of approved private schools. DYFS has an entirely separate list of placements. So does each agency within State government, and none will implement an IEP except a school. Residential placements for educational reasons are now treated in a managed care approach that does not permit the intensity of essential services, or the implementation of a genuinely individualized program. No agency coordinates with another. Jason was murdered by an incompetent aide, nobody able to figure out a way to get the child what he needed. Nobody was found guilty. Nobody was punished for this worst of sins.

Ten years later, more Jasons are in line for the KidsPeace mill. Schools and human services agencies continue to act with impunity, often conspiring with local school districts against parents in order to intimidate them and have somebody else pay the bill. The Tallman story is a parable for this decade. Jason’s mother knew he would not survive. Anyone who represents children in special education knows the increasing difficulty of finding appropriate placements, waiting for another child to die while the schools and the courts grind on.