What kind of society rips a 17-year-old autistic boy from
his loving home and places him in a state-run mental institution,
where he is given heavy doses of drugs, kept physically restrained,
kept away from his family, deprived of books and other mental
stimulation and is left alone to rot?
Certainly not a free or humane one.
Yet that's exactly what has happened to Nate Tseglin, after
a teacher called Child Protective Services, the county agency
charged with protecting children from many forms of abuse and
given power to remove children from their family homes in certain
circumstances. The teacher reported seeing self-inflicted scratches
on Nate's body and complained about the doctor-approved arm
restraints his parents used to keep Nate from hurting himself.
Nate remains in Fairview Developmental Center (formerly Fairview
State Hospital) in Costa Mesa, labeled a danger to himself and
others, while his parents fight a lonely battle to bring their
son back home.
Isn't there anyone out there who can help them?
After the complaint, social workers intervened and decided
that the judgment of a psychologist who examined Nate's records
but never even met the boy trumped a lifetime of treatment and
experiences by his parents, Ilya and Riva Tseglin. Without prior
notice, "the San Diego Health and Human Services agency
social worker, with the aid of law enforcement, forcibly removed
a struggling and terrified autistic boy … from his home,
while his mother and father, who are Russian Jewish immigrants,
and Nate's younger brother stood by helplessly," according
to the complaint the parents, who have since moved to Irvine
to be near Nate, filed with the court.
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The forced removal came after the Tseglins came to loggerheads
with the government over Nate's proper treatment. The parents
are opposed to the use of psychotropic drugs and argue that
Nate has had strong negative reactions to them. They point to
success they've had with an alternative, holistic approach that
focuses on diet and psychiatric counseling. The government disagreed,
so it took the boy away from home and initially placed him in
a group home – where he had the same negative reaction
to the drugs that his parents predicted would happen.
Of course, once social workers are involved in a family, they
are reluctant to relinquish their power – something I've
found in every Child Protective Services case I've written about.
And even though the court determined "the evidence is clear
that the parents have always stood by and tried to help their
son," the court sided with the government. That's another
common theme from these closed family-court proceedings –
the social workers' words are taken as gospel, and the parents
are treated like enemies and given little chance to defend themselves.
The details are complicated and discouraging. But, essentially,
the parents were cut out of any decision-making regarding their
son. They were given only short visits with him. After he ran
away from the group home, the government transferred Nate to
a mental hospital. The Tseglins say the drugs the hospital gave
Nate caused him to have a "grand mal" seizure, and
his health has continued to deteriorate while he languishes
in a government mental facility. When they visited him over
the summer, they found his face swollen. He faded in and out
of consciousness and was suffering from convulsions. They believe
he has been beaten and are worried about sexual abuse, given
that he is housed with the criminally insane.
The Tseglins claim Child Protective Services has told them
they have the "wrong set of beliefs" and even threatened
to force them to undergo court-ordered psychological evaluation.
The agency at one point suspended the parents' visitations as
a way "to assist them in coming to grips regarding their
son." The Tseglins, as former citizens of the Soviet Union,
have good reason to be fearful of the authorities. But they
tell me that they experienced nothing of this sort in the former
communist nation. If their descriptions are correct, then the
Soviets weren't the only ones who know how to create a totalitarian
bureaucracy.
The family's legal argument is persuasive:
"Riva and her husband have cared for Nate, in their home,
for his entire life, until he was dragged kicking and screaming
away from his parents. … The court found that it was very
impressive that the parents 'were able to maintain Nate in the
home for the better part of a decade when he was having some
severe behavioral difficulties.' … The court found further
that when the parents put Nate on a 'more holistic approach'
and ignored the professional opinions, that 'for a period of
time, Nate responded very well to that.' Even though Nate subsequently
deteriorated, the court found that he fared no differently using
the more traditional medical approach.' …
"In short, this case turns on value judgments, such as
whether it is preferable for Nate to be maintained in his own
home, subject to occasional physical restraint, surrounded by
the love and devotion of his parents and brother, or whether
Nate should be placed in a locked facility, subject to occasional
physical restraint and constant chemical restraint, surrounded
by strangers and a burden to the California taxpayer. …
The real issue in this case is that the agency and some medical
personnel believe their opinions regarding Nate's treatment
are better than the parents' choices, and have sought the judicial
intervention to override the parents' decisions regarding their
son."
In a free society, individuals and families get to make those
judgments and decisions. As the Tseglins argue, "Riva has
a right to raise her child, Nate, free from government interference,
as long as he is not at risk of physical, sexual or emotional
abuse, neglect or exploitation."
Sure, the state can and does intervene when parents are accused
of abusing or neglecting their children. There are many problems
and injustices even in those cases, but at least it's understandable
when the government intervenes to protect a potentially threatened
child. But in this case, the state is simply saying that it
knows best, that no matter how diligently a boy's parents have
worked to provide the best-possible care for him, that officials
get the final say. And the government's choice of mandatory
incarceration seems harsh and cruel, which shouldn't surprise
anyone, given the basic nature of government.
At last check, autism is not a crime. It's time to free Nate
Tseglin and return him to the love and care of his parents.