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5 Takeaways From Our Investigation Into How Mississippi Counties Jail People for Mental Illness

3 months ago

This article was produced in partnership with Mississippi Today, which was a member of ProPublica’s Local Reporting Network in 2023. Sign up for Dispatches to get stories like this one as soon as they are published.

For many people in Mississippi, the path to treatment for a serious mental illness may run through the local jail — even though they haven’t been charged with a crime.

In 2023, Mississippi Today and ProPublica investigated the practice of jailing people solely because they were waiting for mental health treatment provided through a legal process called civil commitment.

We found that people awaiting treatment were jailed without criminal charges at least 2,000 times from 2019 to 2022 in just 19 counties, meaning the statewide figure is almost certainly higher. Most of the jail stays we tallied lasted longer than three days, and about 130 were longer than 30 days.

Some people have died after being jailed purportedly for their own safety.

Every state has a civil commitment process in which a court can order someone to be hospitalized for psychiatric treatment, generally if they are deemed dangerous to themselves or others. But it is rare for people going through that process to be held in jail without criminal charges for days or weeks — except in Mississippi.

If you’d like to share your experiences or perspective, contact Isabelle Taft at itaft@mississippitoday.org or 601-691-4756.

In Mississippi, the process starts when someone files paperwork with a county office alleging that another person’s mental illness or substance abuse is so serious that they are a danger to themselves or others. That person is taken into custody by sheriff’s deputies until they can be evaluated and go before a judge. Although people may wait at a medical facility, if no publicly funded bed is available, they can sit in a jail cell until a treatment bed opens up.

We have spoken with people who were jailed solely on the basis of mental illness, family members of people who went through the commitment process, sheriffs and jail administrators, county officials, lawmakers, the head of the state Department of Mental Health, and experts in mental health and disability law. We have filed more than 100 public records requests and reviewed lawsuits and Mississippi Bureau of Investigation reports on jail deaths.

Here are five key findings from our reporting so far.

People Jailed While Awaiting Mental Health Treatment Are Generally Treated the Same as People Accused of Crimes

We spoke to more than a dozen Mississippians who were jailed without criminal charges as they went through the civil commitment process. They wore jail scrubs and were often shackled as they moved through the jail. They were frequently unable to access prescribed psychiatric medications, much less therapy or other treatment. They had no idea how long they would be jailed, because they could get out only when a treatment bed became available. They were often housed alongside people facing criminal charges. One jail doctor told us that people going through the commitment process were vulnerable to assault and theft of their snacks and personal items.

“They become a prisoner just like the average person coming in that’s charged with a crime,” said Ed Hargett, a former superintendent of Parchman state penitentiary and a corrections consultant who has worked with about 20 Mississippi county jails. “Some of the staff that works in the jail, they don’t really know why they’re there. … Then when they start acting out, naturally they deal with them just like they would with a violent offender.”

A woman going through the civil commitment process, wearing a shirt labeling her a “convict,” is transported from her commitment hearing back to a county jail to await transportation to a state hospital in north Mississippi. (Eric J. Shelton/Mississippi Today) Jails Can Be Deadly for People in Crisis

At least 14 people have died after being jailed during the commitment process since 2006, according to our review of lawsuits and records from the Mississippi Bureau of Investigation. Nine died by suicide, and three died after receiving medical care that experts called substandard. Most recently, 37-year-old Lacey Handjis, a Natchez hospice-care consultant and mother of two, died in a padded cell in the Adams County jail in late August. Her death was not a suicide and is still under investigation.

Brandon Raymond died in the Quitman County Jail in 2007 while awaiting a rehab bed. His sister, Stacy Raymond, has few pictures of her brother; she got this one from a Facebook memorial post. She said if she had known he would die so young, she would’ve taken more photos. She described him as big-hearted, always happy and a devoted father to his son. (Courtesy of Stacy Raymond)

Adams County Sheriff Travis Patten said he asked the state Bureau of Investigation to review Handjis’ death. “It just hurt me because I just know that people who are suffering from those type of conditions shouldn’t be in jail,” he said in September.

Mental health providers we spoke with said jail can exacerbate symptoms when someone is in crisis, increasing their risk of suicide. Jail staff with limited medical training may interpret signs of medical distress as manifestations of mental illness and fail to call for additional care.

After three men awaiting treatment died by suicide in the Quitman County jail in 2006, 2007 and 2019, chancery clerk Butch Scipper no longer jails people going through the commitment process. His advice to other county officials: “Do not put them in your jail. Jails are not safe places. We think they are, but they’re definitely not” for people who are mentally ill.

Mississippi Is a Stark Outlier in the U.S.

Mississippi Today and ProPublica surveyed disability rights advocates and state behavioral health agencies in all 50 states and the District of Columbia. Nowhere else did respondents say people are routinely jailed for days or weeks without criminal charges while going through the involuntary commitment process. In three states where respondents said people are sometimes jailed to await psychiatric evaluations, it happens to fewer people and for shorter periods. At least a dozen states ban the practice altogether; Mississippi law allows it when there is “no reasonable alternative.” In Alabama, a federal judge ruled it unconstitutional in 1984.

Disability rights advocates in other states and experts on civil commitment or mental health care used words like “horrifying,” “breaks my heart” and “speechless” when they learned how many Mississippians are jailed without criminal charges while they wait for mental health care every year.

Wendy Bailey, head of the Mississippi Department of Mental Health, has said it’s “unacceptable” to jail people simply because they may need behavioral health treatment, and staff have encouraged chancery clerks to steer families toward outpatient treatment instead of the civil commitment process when appropriate.

The Department of Mental Health says it prioritizes people waiting in jail when making admissions to state hospitals, and the average wait time in jail after a hearing has dropped. The state has expanded the number of crisis unit beds and plans to add more. And it has increased funding for local services in recent years in an effort to reduce commitments.

In early January, Bailey said the agency has been reviewing commitment statutes in other states that restrict jailing people during the process. During the current legislative session, she said, the agency will support “changes to the commitment process that we hope will divert Mississippians from unnecessary commitments.”

Cassandra McNeese, left, and her mother, Yvonne A. McNeese, in Shuqualak, Mississippi. Cassandra’s brother, Willie McNeese, has been held in jail during civil commitment proceedings at least eight times since 2008. Cassandra McNeese said Noxubee County officials told her jail was the only place available for him to wait. “This is who you trust to take care of things,” she said. “That’s all you have to rely on.” (Eric J. Shelton/Mississippi Today) Despite a State Law, There Has Been Almost No Oversight of Jails That Hold People Awaiting Treatment

In 2009, the Mississippi Legislature passed a law requiring any county facility that holds people awaiting psychiatric treatment through the commitment process to be certified by the Department of Mental Health. The department developed certification standards requiring suicide prevention training, access to medications and treatment, safe housing and more. But the law provides no funding to help counties comply and has no penalties if they don’t. Only a handful of counties got certified, and after 2013 the department’s efforts to enforce the law apparently petered out.

As of late last year, only one jail — out of 71 that had recently held people awaiting court-ordered treatment — was still certified. There is no statewide oversight or inspection of county jails.

After we asked about the law, the Department of Mental Health sought an opinion from the Mississippi Attorney General’s Office, which opined that it is a “mandatory requirement” that the agency certify the county facilities, including jails, where people wait for treatment. In October, the department sent letters to counties informing them of the attorney general’s opinion and encouraging them to get certified. Department officials are waiting for counties to initiate the certification process, though they know which jails have held people after their hearings. Department leaders, including Bailey, have emphasized that they have limited authority over counties and can’t force them to do anything.

A padded cell used to hold people awaiting psychiatric evaluation and court-ordered treatment at the Adams County jail in Natchez, Mississippi. Lacey Robinette Handjis, a 37-year-old hospice care consultant and mother of two, was found dead in one of the jail’s two padded cells in late August, less than 24 hours after she was booked with no criminal charges to await mental health treatment. (Eric J. Shelton/Mississippi Today) The Practice Is Not Limited to Small, Rural Counties

According to data from the Mississippi Department of Mental Health, 71 of the state’s 82 counties held a total of 812 people prior to their admission to a state hospital during the fiscal year ending in June. According to state data and our analysis of jail dockets, the two counties that jail the most people during the commitment process are DeSoto and Lauderdale — together home to three of the state’s 10 largest cities. DeSoto has one of the highest per capita incomes in the state, and Lauderdale’s is above average. (Those counties’ chancery clerks, who handle the civil commitment process, and officials with the boards of supervisors, which handle county finances, haven’t responded to questions about why they jail so many people going through the commitment process.)

Meanwhile, some smaller, rural counties don’t jail people or do so rarely. Guy Nowell, who served as chancery clerk of Neshoba County until the end of 2023, said the county arranged each person’s commitment evaluations and hearing to take place on the same day to eliminate waits between appointments. If no publicly funded bed is available after the hearing, the county pays for people to receive treatment at a private psychiatric hospital.

by Isabelle Taft, Mississippi Today

Secret Recording Shows NRA Treasurer Plotting to Conceal Extravagant Expenses Involving Wayne LaPierre

3 months 1 week ago

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This story was published in partnership with The Trace, a nonprofit news organization covering guns in America.

At a meeting in June 2009, the treasurer of the National Rifle Association worked out a plan to conceal luxury expenses involving its chief executive, Wayne LaPierre, according to audio of the meeting obtained by The Trace and ProPublica. The recording was unknown to New York’s attorney general, who is pursuing the NRA and LaPierre over a range of alleged financial misdeeds. It shows, in real time, the NRA’s treasurer enlisting the group’s longtime public relations firm to obfuscate the extravagant costs.

Captured on tape is talk of LaPierre’s desire to avoid public disclosure of his use of private jets as well as concern about persistent spending at the Beverly Hills Hotel by a PR executive and close LaPierre adviser.

During the meeting, which took place in the Alexandria, Virginia, office of PR firm Ackerman McQueen, executives agreed that Ackerman would issue a Platinum American Express card to Tyler Schropp, the new head of the NRA’s nascent advancement division, which was responsible for bringing in high-dollar contributions from wealthy donors. Ackerman would then cover the card’s charges and bill them back to the NRA under nondescript invoices.

“It’s really the limo services and the hotels that I worry about,” William Winkler, Ackerman’s chief financial officer, said. “He’s going to need it for the hotels especially.”

The use of the Ackerman American Express card, according to a report by New York Attorney General Letitia James’ expert witness on nonprofits, skirted internal controls that existed to ensure proper disclosure and regulatory compliance and to prevent “fraud and abuse” at the nonprofit. As a result, outside of a tiny group of NRA insiders, everyone was in the dark about years of charges by Schropp — who is still the head of the nonprofit’s advancement division — for luxury accommodations, including regular sojourns to the Four Seasons and the Ritz-Carlton. The NRA, in response, said the report was “rife with inadmissible factual narratives, impermissible interpretations and inferences, and improper factual and legal conclusions.”

James’ investigation into the NRA began in 2019, after The Trace, in partnership with The New Yorker, and later with ProPublica, reported on internal accounting documents that indicated a culture of self-dealing at the gun-rights group. In 2020, James sued the NRA and LaPierre, who presided over the organization for three decades, over claims of using nonprofit resources for personal enrichment, luxury travel and bloated contracts for insiders, allegations that the parties deny. The attorney general is seeking financial restitution from the defendants and was until last week petitioning for LaPierre’s removal, which was preempted on Friday when LaPierre announced he would resign at the end of January.

The attorney general’s office was unaware of the audio until it was contacted by The Trace and ProPublica and did not respond to a request for comment.

Ackerman McQueen and Winkler declined to comment. None of the other individuals mentioned in this story responded to requests for comment. The gun-rights group’s attorney, William A. Brewer III, said in an email: “The tape has not been authenticated by the NRA but, if real, we are shocked by its content. The suggested contents would confirm what the NRA has said all along: there were certain ‘insiders’ and vendors who took advantage of the Association. If true, it is an example of a shadowy business arrangement — one that was not brought to the attention of the NRA board.”

In the recording, Woody Phillips, who was the NRA’s top financial official from 1993 to 2018 and is also a defendant in James’ suit, did not say why the unusual credit card arrangement was necessary. But at one point, he indicated that LaPierre — whose public persona was that of a populist firebrand — had concerns about the optics of using NRA funds for travel on a private jet.

“We just have to be careful because Wayne wants to get through this whole year saying he hasn’t used private aircraft,” Phillips said. In that year’s tax filings, he explained, nonprofits, for the first time, would be required to disclose whether they paid for chartered flights for any of the numerous executives and officials listed in the documents. LaPierre, Phillips explained, “just doesn’t want to be seen getting off the plane — anywhere.”

“He Just Doesn’t Want to Be Seen Getting Off the Plane — Anywhere” Woody Phillips, the NRA’s top financial official for nearly a decade, discusses Wayne LaPierre’s concerns about wanting to avoid disclosing the use of private jets. (Obtained by The Trace and ProPublica)

In the opening statement by Phillips’ attorney on Jan. 9, he said that the NRA’s political activities caused “real and serious” security concerns. To that end, his client always “acted in good faith,” he said, and the questionable arrangements Phillips helped devise were not due to “a desire for secrecy” or “to keep information from the NRA and its board. But for confidentiality.”

LaPierre’s attorney spoke of his client’s unflagging devotion to the NRA and dedication to his job. “Was his thinking always right?” he asked. “No. Is perfection a standard for leading a not-for-profit? No.”

James’ complaint states that LaPierre “spent millions of dollars of the NRA’s charitable assets for private plane trips for himself and his family.” In a 2021 deposition, LaPierre said that “NRA security has a policy against me flying commercial because of threats,” and that the requirement had been in place for a decade or more.

In 2009, the NRA did indeed check the box on its tax filing indicating it had used “first-class or chartered travel.” The NRA’s explanation, which the Internal Revenue Service requires nonprofits to provide, was that “charter travel was used on occasions involving multiple events when reduced airline schedules precluded other options.” The description became the NRA’s standard template going forward. Other nonprofits, such as the U.S. Chamber of Commerce, disclose the names of executives who use the luxury service.

At the meeting, according to a source who asked not to be named for fear of professional retribution, Phillips, the NRA’s sole representative in attendance, was joined by Melanie Montgomery, an executive vice president at Ackerman McQueen, and Hillary Farrell, then the company’s chief operating officer. Winkler, from Ackerman, attended via videoconference.

The recording shows how the NRA used Ackerman, which devised the nonprofit’s most prominent messaging campaigns, as an extension of itself. The decadeslong relationship ended in acrimony and lawsuits. After evidence of the NRA’s self-dealing became public in 2019, the NRA and Ackerman accused each other of financial misconduct, with the gun-rights group claiming that the firm filed fraudulent invoices. In 2022, the two entities reached a settlement in which the NRA paid Ackerman $12 million.

In the recording of the 2009 meeting, Winkler said he was told that Phillips wanted to route Schropp’s pricey expenses through Ackerman McQueen, filing them as a “travel job,” which was billed to clients with an invoice that was devoid of detail.

“Well that’s easy,” Winkler announced. “As far as I’m concerned, we can give Tyler an Ackerman Amex. And do it that way.”

“Oh well that’s the way to do it then,” Montgomery replied.

“Yeah,” Phillips agreed. “That’s the easiest way to do it, and for the most part, it’s going to be stuff that Gayle books because it’s stuff with Wayne.” (Gayle Stanford was a consultant who handled LaPierre’s travel.)

“That aspect of it’s very easy,” Winkler said.

“That Aspect of It’s Very Easy”

Melanie Montgomery, a vice president at the NRA’s PR firm, describes how Phillips would like to route high-end expenses involving LaPierre through the company in order to obfuscate them.

(Obtained by The Trace and ProPublica)

Phillips later said of Schropp, “Most of what he’ll do, he’ll do like he does here, where it’ll just be he’ll fill out an expense report for us, he’ll have cards for that too.”

Montgomery responded: “Woody just asked him, ‘Can you do some, you know, that goes through the NRA system, then just your high, well, the stuff you do with Wayne, do through Ackerman.’”

Before Schropp took over the NRA’s advancement division in 2009, he was a vice president at Ackerman, where he worked directly with LaPierre, who recruited him to the NRA. “We were great, great friends and spent a lot of time together,” Schropp later said in a deposition. “And I think we had a mutual respect for each other.”

At the meeting, there was some confusion about whether Schropp already had an Ackerman American Express card. Winkler settled the matter by calling a colleague.

“Does Tyler Schropp have an Amex?” Winkler asked. “Get him one.” He added that it should be a “Platinum.”

Schropp would use the card extensively in the years to come. The lawsuit alleges, “He routinely stayed in suites costing over $1,500 a night.” In addition to the Four Seasons and the Ritz-Carlton, he was partial to the Beverly Hills Hotel and the St. Regis.

In a 2021 deposition, Schropp said that he had the card for “donor privacy reasons, and Wayne LaPierre privacy and security reasons.” Phillips has not addressed the matter in unsealed testimony, while LaPierre, for his part, said in a 2019 deposition, “I was aware that — from our treasurer’s office that the advancement expenses, some of them, were — were under Ackerman McQueen,” a practice that was stopped a decade later, when, he said, the NRA “self-corrected under New York state law.”

At another point during the 2009 meeting, Phillips brought up Tony Makris, an Ackerman executive who worked closely with LaPierre as an adviser. The two were good friends. Makris had served as the actor Charlton Heston’s personal and political adviser while Heston was president of the NRA in the late ’90s and early 2000s.

“In the case of Tony, now that he’s married, does anyone know what he’s doing about the Beverly Hills Hotel?” asked Phillips, who was looking for ways to save cash. “Because that would cut out a lot of this cost if he’s not doing that. I think without it being a special occasion, we’d have a hard time paying for that.”

“Does Anyone Know What He’s Doing About the Beverly Hills Hotel?” Phillips inquires about LaPierre adviser Tony Makris’ stays at the Beverly Hills Hotel on the gun-rights group’s dime. (Obtained by The Trace and ProPublica)

Makris was responsible for recruiting conservative celebrities, like Tom Selleck, into the NRA’s fold.

Phillips then mentioned Rick Tedrick, the NRA’s managing director of finance, a job he still holds.

“And I know Rick’s going to be watching that,” Phillips continued, “not that he’d say anything or do anything.”

Winkler chimed in: “What you guys need to do is give me the guidance with Tony. Because you know what will happen. It will go full circle, right back to Wayne.”

Listen to the Full Meeting Audio Here The 2009 NRA finance meeting with officials from its PR firm (Obtained by The Trace and ProPublica)

Will Van Sant contributed reporting.

by Mike Spies, The Trace

How Many of Your State’s Lawmakers Are Women? If You Live in the Southeast, It Could Be Just 1 in 5.

3 months 1 week ago

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London Lamar rose from her chair in the Tennessee Senate last spring, stomach churning with anxiety as she prepared to address the sea of men sitting at creaky wooden desks around her. She wore a hot pink dress as a nod to the health needs of women, including the very few of them elected to this chamber, none of whom were, like her, obviously pregnant. She set her hands onto her growing belly.

The Senate clerk, a man, called out an amendment Lamar had filed. The Senate speaker, also a man, opened the floor for her to speak. The bill’s sponsor, another man, stood near her as she grasped a microphone to discuss the matter at hand: a tweak to the state’s near-total ban on abortion access for women.

Lamar glanced around at her fellow senators, three quarters of them men. The imbalance was even more stark in the state’s House of Representatives, where almost 9 in 10 members were men. And Tennessee is no anomaly. Across much of the Southeast, state legislatures are more than 80% male.

On this day, the Tennessee Senate was poised to take a final vote on a bill that would allow abortions to prevent a woman’s death or “serious risk of the substantial and irreversible impairment of a major bodily function.” Lamar stood to pitch a broader health exception.

A Democrat in the substantial minority, she could have appealed to her female Republican colleagues. Although they oppose abortion, they bring to the debate their personal knowledge of women’s bodies and experiences. But there were only three of them in the 33-member Senate. Instead, Lamar turned to the two dozen Republican men.

She reminded them that four years earlier, she was 32 weeks pregnant and serving in the House when her blood pressure suddenly spiked. Her placenta ruptured. Her son died in utero, and she faced a terrifying risk of a stroke. “It’s personally one of my biggest fears that this thing would happen again to me,” she told them. If it did, she feared the proposed law would prevent her doctor from protecting her health.

She implored the men to see her as a family member: “I’m telling you as your own colleague, as your niece, baby girl. I love you all. It is real, not only for me but for women all across the state.”

Scenes like this play out across the Southeast, even as the U.S. as a whole saw a record number of women elected to statehouses last year. Nationally, one-third of legislators are women, the most in history. In recent years, three states — Nevada, Arizona and Colorado — achieved parity.

But much of the Southeast lags far behind.

Seven States, Almost All in the Southeast, Had Legislatures That Were Less Than 20% Women in 2023

Women made up less than half of the state legislatures in nearly every state.

State legislature data provided by Reflective Democracy Campaign and current as of July 27, 2023. (Lucas Waldron/ProPublica)

More than a century after the 19th Amendment gave women the right to vote, women constitute fewer than 1 in 5 state legislators across much of the region: in Alabama, Mississippi, South Carolina and Tennessee, according to the Center for American Women and Politics at Rutgers University, which studies women’s political participation. West Virginia has the lowest percentage of any state; less than 13% of its state lawmakers are women.

As Lamar spoke, 14% of Tennessee’s legislators were women. The Republicans, including two of the three GOP women in the Senate, swiftly rejected her amendment. She sank into her chair and pressed one palm over her heart, the other onto her belly, and practiced deep breathing exercises to help keep her blood pressure from soaring again.

Men Made Up Half of Tennessee’s Population but 86% of the State’s 2023 General Assembly State legislature data provided by Reflective Democracy Campaign and current as of July 27, 2023. (Lucas Waldron/ProPublica)

Soon after, another Black woman in the chamber stood to speak. Holding the microphone, Sen. Charlane Oliver read prepared remarks calling for an exception in cases of rape. Then, she paused. She glanced to her right and bit her cheek. She cleared her throat.

Fighting tears, she began again: “I rise before this body as a sexual assault survivor.”

Sitting nearby, Lamar listened intently. She hadn’t known this about her fellow senator, yet Oliver felt compelled to share her trauma so publicly to try and sway the men around them. Tears welled in Lamar’s eyes as well. She passed her colleague a tissue.

Waiting to Run

Three decades have passed since a U.S. Senate Judiciary Committee composed entirely of men grilled Anita Hill on live TV. Some of the men were dismissive, others downright hostile toward her testimony that Clarence Thomas, her former boss, had sexually harassed her. Millions watched it on live TV, and the Senate later confirmed Thomas to the U.S. Supreme Court.

The following year, voters elected a record number of women to Congress in what became known as the “The Year of the Woman.” Yet while Congress and many states have seen steady growth in numbers of female lawmakers over the years since then, much of the Southeast has stagnated or barely inched forward.

Tennessee has fewer female legislators than it had 20 years ago. Mississippi improved less than 3 percentage points since then; South Carolina fared only slightly better. Louisiana gained 6 percentage points, and Alabama gained 7.

This leaves large majorities of men controlling policy — including laws that most impact women — at a time when the U.S. Supreme Court is sending more power to statehouse doorsteps. Abortion, a key issue of the day, provides one window: A ProPublica analysis of comprehensive legislative data kept by the Reflective Democracy Campaign found that with few exceptions, the states with legislatures most dominated by men as of July have some of the nation’s strictest abortion bans.

Of the 10 states where men made up the biggest share of the legislatures, eight have strict abortion bans, and one outlaws it at around six weeks, before many women know they are pregnant. Five don’t allow exceptions for women who are raped.

Seven of the 10 states have trigger laws in place that went into effect after Roe v. Wade was overturned. Those were adopted by legislatures years earlier. But the passage of time hasn’t always resulted in more women at the table. Four of the seven legislatures have more female lawmakers today, albeit barely, than when they passed their trigger laws. One state has remained stagnant. And two have fewer female lawmakers than when they passed their trigger laws.

These are all conservative states, so it doesn’t mean women who oppose abortion rights would have voted differently. But their voices were hardly at the table.

Men’s numeric dominance means they also control what issues get debated in the first place — and which do not. Female lawmakers have been more likely to champion issues like maternal health, children’s welfare and education, said Jean Sinzdak, associate director for the Center for American Women and Politics.

“Women’s presence is correlated with more conversation and more issues on the agenda that are related to women,” said Anna Mahoney, executive director of the Rockefeller Center for Public Policy and the Social Sciences at Dartmouth College who wrote the book “Women Take Their Place in State Legislatures.”

Women haven’t run for legislative seats as often as men for many reasons: money, history, incumbency. But no factor plays a bigger role in the Deep South than its entrenched patriarchal culture and gender norms, female legislators and experts say.

“Traditional gender roles are more deeply enforced in Southern states,” Sinzdak said. “There’s more of a paternalistic streak that runs through them culturally.”

For instance, across party lines, virtually every Southern female legislator ProPublica interviewed for this story said voters had asked her who would care for her family if she won. Carla Litrenta, a South Carolina attorney, was breastfeeding when she filed to campaign for a House race that she ultimately lost in 2022. Voters often looked at the Democrat’s two young children and asked how she would find time to serve in office. “It was ironic because the male candidates had full-time jobs,” she said, “and I was working part time.”

Statehouse gender disparities are more acute among Republicans. Across the country, two-thirds of female state legislators are Democrats. The 20 states with the lowest percentages of women in their legislatures are almost all led by Republicans.

Republican organizations “are not recruiting as many women to run and not giving as much support to run and be successful candidates,” Sinzdak said. “You reap what you sow.” South Carolina state Rep. Sylleste Davis, a Republican, agreed that the GOP needs to seek out more female candidates but added, “I don’t get the sense that they are.”

ProPublica reached out to Republican Party leaders in Southeastern states with the fewest female lawmakers asking why more women weren’t running and what they could do to recruit more female candidates. Only one responded.

Scott Golden has worked as chair of Tennessee’s Republican Party for seven years. He said the party doesn’t target recruitment based on gender. During his tenure, including working for a prominent female lawmaker, the barriers he has seen for women are primarily structural ones. The state’s legislature operates part time but requires substantial attendance during those months, and the capital of Nashville sits a four-hour drive from some districts. Both make legislative seats less appealing for women with young children who want to stick closer to home.

“Families with volleyball and softball and senior dances and homecoming parades, it’s difficult for anybody to do it — much less women to do it — during those years,” Golden said. Instead, he sees far more Republican women running for local elected offices where they can earn full-time salaries and travel less. “It’s time, money and proximity,” he said.

Indeed, like other female Republicans ProPublica interviewed, Davis did not seek a legislative seat until her children were older. Yet that decadeslong wait for women like her to run means that legislatures have fewer members who bring current firsthand experience with pregnancy, birth and child care — knowledge critical to crafting the policies that govern these issues.

Women also are also less likely to consider running unless they are asked. Rep. Anne Thayer, a Republican who hails from a particularly religious and conservative area of South Carolina, said she didn’t consider seeking public office until people approached her. Even then she demurred.

“I gave that good Southern Christian girl response in that I’ll pray about it,” she recalled. A small-business owner and mother, she had worked behind the political scenes but “never wanted to be the one driving the bus.”

Supporters kept asking, however, and today she and Davis are two of four female committee chairpeople out of 28 standing committees in a statehouse whose rolling grounds are adorned with a dozen monuments to white men. Only one specifically celebrates female South Carolinians — and it stands behind the domed building to honor Confederate women “reared by the men of their state,” as the inscription reads.

When Republican Katrina Shealy was elected to the South Carolina Senate a decade ago, she was the only woman in the chamber. A few years later, she made national news for rebuking a male colleague who had called women “a lesser cut of meat,” referencing the biblical story of God creating Eve from Adam’s rib.

Shealy made national news again last spring. By then, she had four female colleagues in the 46-member Senate. All five women united across racial and party lines to help thwart a near-total abortion ban. (A sixth woman, a Democrat, was elected to the Senate on Jan. 2.)

Whatever their views on abortion, Shealy noted, women bring to the debate personal experience with menstrual cycles, pregnancy complications and motherhood. Male lawmakers around her simply don’t have that. “When they get up and talk about women’s issues,” she said, “it is just so frustrating because they don’t know what they’re talking about.”

After she joined her female colleagues to filibuster the strict abortion ban, they called themselves the Sister Senators and later received the JFK Profile in Courage Award. But they couldn’t defeat a bill that outlawed abortion after around six weeks of pregnancy.

Months earlier, South Carolina’s legislature — one of the most male-dominated in the country — had replaced the state Supreme Court’s lone female justice with a man. (Two of the three nominees for the seat were women.) The female justice had penned the lead opinion rejecting a similar six-week ban the previous month. The newly all-male court, now the country’s only state supreme court without a female justice, promptly upheld the six-week ban.

The Backdrop of History

The case that overturned national abortion rights, Dobbs v. Jackson Women’s Health Organization, originated in Mississippi, the state where white men in particular are most overrepresented in the Legislature. They hold more than 60% of the seats even though they account for only 28% of the state’s population. That means every white man is represented more than two times over in the body, according to a ProPublica analysis of comprehensive legislative and census data tracked by the Reflective Democracy Campaign.

Women, however, are underrepresented by more than a factor of three. It’s about the same for Black women and white women.

Yet when it comes to the impact of abortion restrictions the Legislature passed, Black women are disproportionately affected. They are four times more likely to die of pregnancy-related causes than white women. They also are more likely to experience unintended pregnancies. And in 2021, 80% of abortions reported in Mississippi were performed on them, the highest percentage of any state in the nation.

This is happening against history’s disturbing backdrop: centuries of white men controlling Black women’s reproduction. Enslaved women’s health once was only as important as the human property their bodies could produce. Black women had to birth the children of white men who raped them. They were forced to breastfeed white babies.

Michelle Colon, co-founder of a reproductive justice organization in Mississippi called SHERo, said this history has created a culture of devaluing Black women that persists today. Many state lawmakers “are the descendants of white men who basically controlled Black women’s bodies,” she said.

Black women in Mississippi aren’t alone. Across most of the Southeast, a region of former slave states, the more white men are overrepresented, the more Black women are underrepresented. This relationship doesn’t exist in other states that also have at least 5.6% Black women, the national average.

States with the Lowest Representation of Black Women in Their Legislatures Also Had the Highest Representation of White Men

In most Southeastern states, white men are overrepresented at the expense of other groups, especially Black women.

The chart shows representation ratios between the proportion of a demographic group in the state legislature and the proportion of that group in the state population. A ratio of 1 implies equal representation. This chart includes only states where Black women are at least as prevalent in the state’s population as the national average. State legislature data provided by Reflective Democracy Campaign and current as of July 27, 2023. (Lucas Waldron and Irena Hwang/ProPublica)

This imbalance is most pronounced in Mississippi, the state with the nation’s largest percentage of Black residents. “It’s not the year of the woman here,” said Tracy DeVries, executive director of the Women’s Foundation of Mississippi. “There’s no priority for women’s health. None. It’s just not important.”

Democratic Rep. Omeria Scott, a Black woman, has served in the Mississippi House of Representatives for three decades and sits on its public health committee, made up of 24 men and five women. The chair is a white man. As long as she could remember, it has always been a white man.

Scott also serves on the House’s Medicaid committee. Its chair also is a white man. He and the House speaker, another white man, stymied efforts in 2022 to extend Medicaid coverage, which pays for almost 60% of births in the state.

“White men handle those appropriations,” Scott said. “They handle the policy and the money in Mississippi.”

Black and White Women in Mississippi Were Dramatically Underrepresented in the State Legislature Compared with White Men Mississippi Legislature data provided by Reflective Democracy Campaign and current as of July 27, 2023. (Lucas Waldron/ProPublica)

In 2022, House Speaker Philip Gunn spoke to The Associated Press after blocking a Senate-backed effort to extend Medicaid for the state’s poorest new mothers from the federally required two months to a year postpartum. Gunn said that he was aware of the state’s high maternal mortality rate, but he had not seen evidence that extending coverage would save money. When asked if the move could save lives, he told the AP, “That has not been part of the discussions that I’ve heard.”

Only after the state’s strict abortion ban went into effect did Gunn agree to stop blocking the extension.

Republican Gov. Tate Reeves posted on social media, “In a post-Dobbs world — we may even have to be willing to do things that make us ‘philosophically uncomfortable.’” He would support the Medicaid extension as part of a pro-life agenda. “As I’ve said many times, it will not be easy and it will not be free. But it will be worth it, as more children of God are brought into the world!”

Neither Reeves nor Gunn responded to ProPublica’s requests for comment. Scott was pleased that the men finally stopped thwarting the extension of coverage for mothers. But it also felt like a consolation prize.

Triggering Confusion

Not quite a year had passed since the Dobbs decision when a Black woman named Nancy Davis sat before a Louisiana House committee. She urged the panel, chaired by a white man, not to punish women’s doctors if they abort nonviable fetuses.

“Step out of yourself for one minute, and try to envision what it’s been like for women in Louisiana,” she said.

During her visit to the capitol, Davis wondered: Where were the lawmakers who looked like her? Only nine Black women served in the entire Louisiana State Legislature — 6% in a state where they constitute 17% of residents. Yet Davis had just experienced very personally how a policy the Legislature passed directly affected women like her.

About a month after the Dobbs decision’s release, the 36-year-old mother arrived at a hospital for a routine check up. She was 10 weeks pregnant and thrilled. When an ultrasound technician slid a wand across her belly, Davis peered eagerly at the gossamer image emerging into view on the monitor beside her.

Then, she felt everything pause.

“Why does my baby look that way?” she asked. The top of his head looked amorphous, like mist fading into the dark.

The technician slipped from the room.

Davis burst into sobs. Leaping up, she tugged on her clothes and stared at the image through tears. A physician soon explained that it appeared the top of the skull had not formed, a fatal anomaly. Davis recalled her also assuring, “This is one of the reasons for an abortion.” The doctor was referring to a narrow exception in Louisiana’s trigger ban, which had just gone into effect.

But Davis was enrolled in Medicaid, which did not cover abortions. The procedure would cost $6,000 out of pocket at the hospital, she said, so the doctor sent her to an abortion clinic. Davis found it shuttered.

When she returned to the hospital, a woman explained that the doctor could no longer provide her an abortion. “The director of the hospital shut it down because of the Louisiana abortion law and the fetus still having a heartbeat,” Davis recalled her saying. (Debate later ensued over whether the state’s abortion laws would have allowed her to get an abortion.)

For a month, Davis carried a fetus she knew would die. Some nights, she slipped outside and clutched her stomach, crying alone in the darkness so she didn’t wake her fiance, Shedric Cole, or their other three children. But what could she do?

Desperate, she emailed local news outlets. A TV reporter came to interview her, and the video went viral. She wound up in touch with Planned Parenthood of Greater New York and The Brigid Alliance, which helped her book flights to New York and pay for a hotel, child care and meals.

On Sept. 1, Davis and Cole arrived at a Manhattan clinic 1,400 miles from home. An abortion wasn’t something she could imagine a woman wanting. But she did want their nightmare over.

After they returned home to Baton Rouge, Davis became determined to give more of a voice to women. She wants to run for office.

Feeling Overwhelmed

After Lamar, the Tennessee senator, pleaded for broader abortion exceptions to protect women’s health, she drove home to Memphis, a majority-Black city in a county with the state’s highest ratio of pregnancy-associated deaths. She felt exhausted and disregarded.

“Black women are telling you, basically you’re killing me, and it’s like you don’t give a damn,” Lamar said. “My life is less valuable than theirs, and that is what hurts the most.”

Tennessee Democratic state Sen. London Lamar at the state Capitol in Nashville. (Diana King, special to ProPublica)

Four months later, in August, she gave birth to a baby boy. Although she developed postpartum preeclampsia, she recovered and celebrated her healthy son with round brown eyes and chubby cheeks.

Yet, despite much-appreciated help from her own mother, the 33-year-old single mom quickly learned why many women with young children often don’t run for office. One day shortly after her maternity leave ended, she handled a phone call while greeting her mother, saying goodbye to her baby, saying goodbye to her mother and then rushing to her car to head to an assignment for her job overseeing a program that develops the Black teacher pipeline, stopping to fill the air in her car tires on the way.

“It’s overwhelming,” she said. “You feel like no one understands or cares, but also you know that you represent the masses of women dependent on you to be their voice.”

With January’s arrival, the Tennessee General Assembly is among legislatures across the Southeast getting back to work. Behind the door of her Senate office, Lamar hung a white board to track the bills she cares about most. It lists abortion, maternal mental health, doula certification and timely processing of rape kits.

She mustered hope for the months to come. Last year, she discovered a tactic that helped her pass a bill to study the expansion of doula services in Tennessee. She planned to employ the strategy again. To gain support from her male Republican colleagues, she had learned to present her bills as “pro-life” rather than pro-woman.

About the Data: How We Analyzed Representation in State Legislatures

ProPublica obtained a database detailing the demographic makeup of state populations and legislatures from the Reflective Democracy Campaign. The database includes race and gender information for all state legislators and was last updated in July, prior to the 2023 state elections. The state demographic data is from the 2020 census, with additional information from 2022 annual population estimates.

To assess representation of demographic groups, ProPublica calculated the ratio of percent representation of the group in the state legislature to percent representation in the state as a whole. A ratio of 1 can be interpreted as the proportion of a demographic in the state legislature equaling the proportion of that demographic among the state’s general population. A ratio larger than 1 means that the demographic is more present in the legislature than in the state population, and a ratio less than 1 means that the demographic is less present in the legislature than expected, given their prevalence in the state population. For instance, a ratio of 2 should be interpreted as there being twice the proportion of a demographic group in the state legislature as in the state population, and is described as overrepresentation by a factor of 2.

To be sure, an individual is not solely represented by the politicians who share their identity, nor does an individual politician work only towards the interests of constituents of the same identity. However, the expectation that a demographic group should be proportionally represented among politicians as in the population as a whole is intuitive and widely used as a proxy for representation in news reports.

When assessing the representation of Black women and white men, we limited our analysis to states with a meaningful proportion of Black women. Black women make up between 0.2% to nearly one-fifth of state populations. As a result, we used the average proportion of Black women in state populations, 5.6%, as a threshold and focused on the 21 states with a higher-than-average proportion of Black women. We used the U.S. Fish and Wildlife Service’s definition of the Southeast and used linear regression to assess trends in representation within and outside of the Southeast.

Irena Hwang contributed data analysis.

by Jennifer Berry Hawes

As the U.S. Struggles With a Stillbirth Crisis, Australia Offers a Model for How to Do Better

3 months 1 week ago

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The stillbirth of her daughter in 1999 cleaved Kristina Keneally’s life into a before and an after. It later became a catalyst for transforming how an entire country approaches stillbirths.

In a world where preventing stillbirths is typically far down the list of health care priorities, Australia — where Keneally was elected as a senator — has emerged as a global leader in the effort to lower the number of babies that die before taking their first breaths. Stillbirth prevention is embedded in the nation’s health care system, supported by its doctors, midwives and nurses, and touted by its politicians.

In 2017, funding from the Australian government established a groundbreaking center for research into stillbirths. The next year, its Senate established a committee on stillbirth research and education. By 2020, the country had adopted a national stillbirth plan, which combines the efforts of health care providers and researchers, bereaved families and advocacy groups, and lawmakers and government officials, all in the name of reducing stillbirths and supporting families. As part of that plan, researchers and advocates teamed up to launch a public awareness campaign. All told, the government has invested more than $40 million.

Meanwhile, the United States, which has a far larger population, has no national stillbirth plan, no public awareness campaign and no government-funded stillbirth research center. Indeed, the U.S. has long lagged behind Australia and other wealthy countries in a crucial measure: how fast the stillbirth rate drops each year.

According to the latest UNICEF report, the U.S. was worse than 151 countries in reducing its stillbirth rate between 2000 and 2021, cutting it by just 0.9%. That figure lands the U.S. in the company of South Sudan in Africa and doing slightly better than Turkmenistan in central Asia. During that period, Australia’s reduction rate was more than double that.

Definitions of stillbirth vary by country, and though both Australia and the U.S. mark stillbirths as the death of a fetus at 20 weeks or more of pregnancy, to fairly compare countries globally, international standards call for the use of the World Health Organization definition that defines stillbirth as a loss after 28 weeks. That puts the U.S. stillbirth rate in 2021 at 2.7 per 1,000 total births, compared with 2.4 in Australia the same year.

Every year in the United States, more than 20,000 pregnancies end in a stillbirth. Each day, roughly 60 babies are stillborn. Australia experiences six stillbirths a day.

Over the past two years, ProPublica has revealed systemic failures at the federal and local levels, including not prioritizing research, awareness and data collection, conducting too few autopsies after stillbirths and doing little to combat stark racial disparities. And while efforts are starting to surface in the U.S. — including two stillbirth-prevention bills that are pending in Congress — they lack the scope and urgency seen in Australia.

“If you ask which parts of the work in Australia can be done in or should be done in the U.S., the answer is all of it,” said Susannah Hopkins Leisher, a stillbirth parent, epidemiologist and assistant professor in the stillbirth research program at the University of Utah Health. “There’s no physical reason why we cannot do exactly what Australia has done.”

Susannah Hopkins Leisher pairs a photo of her stillborn son, Wilder Daniel, with one of herself when she was pregnant with him. Leisher is working with others to create a center for stillbirth research and prevention in the U.S. (Natalie Keyssar, special to ProPublica)

Australia’s goal, which has been complicated by the pandemic, is to, by 2025, reduce the country’s rate of stillbirths after 28 weeks by 20% from its 2020 rate. The national plan laid out the target, and it is up to each jurisdiction to determine how to implement it based on their local needs.

The most significant development came in 2019, when the Stillbirth Centre of Research Excellence — the headquarters for Australia’s stillbirth-prevention efforts — launched the core of its strategy, a checklist of five evidence-based priorities known as the Safer Baby Bundle. They include supporting pregnant patients to stop smoking; regular monitoring for signs that the fetus is not growing as expected, which is known as fetal growth restriction; explaining the importance of acting quickly if fetal movement changes or decreases; advising pregnant patients to go to sleep on their side after 28 weeks; and encouraging patients to talk to their doctors about when to deliver because in some cases that may be before their due date.

Officials estimate that at least half of all births in the country are covered by maternity services that have adopted the bundle, which focuses on preventing stillbirths after 28 weeks.

“These are babies whose lives you would expect to save because they would survive if they were born alive,” said Dr. David Ellwood, a professor of obstetrics and gynecology at Griffith University, director of maternal-fetal medicine at Gold Coast University Hospital and a co-director of the Stillbirth Centre of Research Excellence.

Australia wasn’t always a leader in stillbirth prevention.

In 2000, when the stillbirth rate in the U.S. was 3.3 per 1,000 total births, Australia’s was 3.7. A group of doctors, midwives and parents recognized the need to do more and began working on improving their data classification and collection to better understand the problem areas. By 2014, Australia published its first in-depth national report on stillbirth. Two years later, the medical journal The Lancet published the second report in a landmark series on stillbirths, and Australian researchers applied for the first grant from the government to create the stillbirth research center.

But full federal buy-in remained elusive.

As parent advocates, researchers, doctors and midwives worked to gain national support, they didn’t yet know they would find a champion in Keneally.

Keneally’s improbable journey began when she was born in Nevada to an American father and Australian mother. She grew up in Ohio, graduating from the University of Dayton before meeting the man who would become her husband and moving to Australia.

I’m smart. I’m educated. How did I let this happen? And why did nobody tell me this was a possible outcome?

—Kristina Keneally, former premier of the Australian state of New South Wales and stillbirth parent

When she learned that her daughter, who she named Caroline, would be stillborn, she remembers thinking, “I’m smart. I’m educated. How did I let this happen? And why did nobody tell me this was a possible outcome?”

A few years later, in 2003, Keneally decided to enter politics. She was elected to the lower house of state parliament in New South Wales, of which Sydney is the capital. In Australia, newly elected members are expected to give a “first speech.” She was able to get through just one sentence about Caroline before starting to tear up.

As a legislator, Keneally didn’t think of tackling stillbirth as part of her job. There wasn’t any public discourse about preventing stillbirths or supporting families who’d had one. When Caroline was born still, all Keneally got was a book titled “When a Baby Dies.”

In 2009, Keneally became New South Wales’ first woman premier, a role similar to that of an American governor. Another woman who had suffered her own stillbirth and was starting a stillbirth foundation learned of Keneally’s experience. She wrote to Keneally and asked the premier to be the foundation’s patron.

What’s the point of being the first female premier, Keneally thought, if I can’t support this group?

Like the U.S., Australia had previously launched an awareness campaign that contributed to a staggering reduction in sudden infant death syndrome, or SIDS. But there was no similar push for stillbirths.

“If we can figure out ways to reduce SIDS,” Keneally said, “surely it’s not beyond us to figure out ways to reduce stillbirth.”

She lost her seat after two years and took a break from politics, only to return six years later. In 2018, she was selected to serve as a senator at Australia’s federal level.

Keneally saw this as her second chance to fight for stillbirth prevention. In the short period between her election and her inaugural speech, she had put everything in place for a Senate inquiry into stillbirth.

In her address, Keneally declared stillbirth a national public health crisis. This time, she spoke at length about Caroline.

“When it comes to stillbirth prevention,” she said, “there are things that we know that we’re not telling parents, and there are things we don’t know, but we could, if we changed how we collected data and how we funded research.”

Keneally declared stillbirth a public health crisis in her first speech in the Australian Senate. (Michael Masters/Getty Images)

The day of her speech, March 27, 2018, she and her fellow senators established the Select Committee on Stillbirth Research and Education.

Things moved quickly over the next nine months. Keneally and other lawmakers traveled the country holding hearings, listening to testimony from grieving parents and writing up their findings in a report released that December.

“The culture of silence around stillbirth means that parents and families who experience it are less likely to be prepared to deal with the personal, social and financial consequences,” the report said. “This failure to regard stillbirth as a public health issue also has significant consequences for the level of funding available for research and education, and for public awareness of the social and economic costs to the community as a whole.”

It would be easy to swap the U.S. for Australia in many places throughout the report. Women of Aboriginal and Torres Strait Islander backgrounds experienced double the rate of stillbirth of other Australian women; Black women in America are more than twice as likely as white women to have a stillbirth. Both countries faced a lack of coordinated research and corresponding funding, low autopsy rates following a stillbirth and poor public awareness of the problem.

The day after the report’s release, the Australian government announced that it would develop a national plan and pledged $7.2 million in funding for prevention. Nearly half was to go to education and awareness programs for women and their health care providers.

In the following months, government officials rolled out the Safer Baby Bundle and pledged another $26 million to support parents’ mental health after a loss.

Many in Australia see Keneally’s first speech as senator, in 2018, as the turning point for the country’s fight for stillbirth prevention. Her words forced the federal government to acknowledge the stillbirth crisis and launch the national action plan with bipartisan support.

Australia’s assistant minister for health and aged care, Ged Kearney, cited Keneally’s speech in an email to ProPublica where she noted that Australia has become a world leader in stillbirth awareness, prevention and supporting families after a loss.

“Kristina highlighted the power of women telling their story for positive change,” Kearney said, adding, “As a Labor Senator Kristina Keneally bravely shared her deeply personal story of her daughter Caroline who was stillborn in 1999. Like so many mothers, she helped pave the way for creating a more compassionate and inclusive society.”

Keneally, who is now CEO of Sydney Children’s Hospitals Foundation, said the number of stillbirths a day in Australia spurred the movement for change.

“Six babies a day,” Keneally said. “Once you hear that fact, you can’t unhear it.”

Australia’s leading stillbirth experts watched closely as the country moved closer to a unified effort. This was the moment for which they had been waiting.

“We had all the information needed, but that’s really what made it happen.” said Vicki Flenady, a perinatal epidemiologist, co-director of the Stillbirth Centre of Research Excellence based at the Mater Research Institute at the University of Queensland, and a lead author on The Lancet’s stillbirth series. “I don’t think there’s a person who could dispute that.”

Flenady and her co-director Ellwood had spent more than two decades focused on stillbirths. After establishing the center in 2017, they were now able to expand their team. As part of their work with the International Stillbirth Alliance, they reached out to other countries with a track record of innovation and evidence-based research: the United Kingdom, the Netherlands, Ireland. They modeled the Safer Baby Bundle after a similar one in the U.K., though they added some elements.

Vicki Flenady (first image) and Dr. David Ellwood lead an Australian research center that aims to reduce the number of stillbirths. (Natalie Grono for ProPublica)

In 2019, the state of Victoria, home to Melbourne, was the first to implement the Safer Baby Bundle. But 10 months into the program, the effort had to be paused for several months because of the pandemic, which forced other states to cancel their launches altogether.

“COVID was a major disruption. We stopped and started,” Flenady said.

Still, between 2019 and 2021, participating hospitals across Victoria were able to reduce their stillbirth rate by 21%. That improvement has yet to be seen at the national level.

A number of areas are still working on implementing the bundle. Westmead Hospital, one of Australia’s largest hospitals, planned to wrap that phase up last month. Like many hospitals, Westmead prominently displays the bundle’s key messages in the colorful posters and flyers hanging in patient rooms and in the hallways. They include easy-to-understand slogans such as, “Big or small. Your baby’s growth matters,” and, “Sleep on your side when baby’s inside.”

In many Australian hospitals, pregnant patients are given stillbirth prevention materials. (Peter DiCampo/ProPublica)

As patients at Westmead wait for their names to be called, a TV in the waiting room plays a video on stillbirth prevention, highlighting the importance of fetal movement. If a patient is concerned their baby’s movements have slowed down, they are instructed to come in to be seen within two hours. The patient’s chart gets a colorful sticker with a 16-point checklist of stillbirth risk factors.

Susan Heath, a senior clinical midwife at Westmead, came up with the idea for the stickers. Her office is tucked inside the hospital’s maternity wing, down a maze of hallways. As she makes the familiar walk to her desk, with her faded hospital badge bouncing against her navy blue scrubs, it’s clear she is a woman on a mission. The bundle gives doctors and midwives structure and uniform guidance, she said, and takes stillbirth out of the shadows. She reminds her staff of how making the practices a routine part of their job has the power to change their patients’ lives.

“You're trying,” she said, “to help them prevent having the worst day of their life.”

Christine Andrews, a senior researcher at the Stillbirth Centre who is leading an evaluation of the program’s effectiveness, said the national stillbirth rate beyond 28 weeks has continued to slowly improve.

“It is going to take a while until we see the stillbirth rate across the whole entire country go down,” Andrews said. “We are anticipating that we’re going to start to see a shift in that rate soon.”

As officials wait to receive and standardize the data from hospitals and states, they are encouraged by a number of indicators.

For example, several states are reporting increases in the detection of babies that aren’t growing as they should, a major factor in many late-gestation stillbirths. Many also have seen an increase in the number of pregnant patients who stopped smoking. Health care providers also are more consistently offering post-stillbirth investigations, such as autopsies.

In addition to the Safer Baby Bundle, the national plan also calls for raising awareness and reducing racial disparities. The improvements it recommends for bereavement care are already gaining global attention.

To fulfill those directives, Australia has launched a “Still Six Lives” public awareness campaign, has implemented a national stillbirth clinical care standard and has spent two years developing a culturally inclusive version of the Safer Baby Bundle for First Nations, migrant and refugee communities. Those resources, which were recently released, incorporated cultural traditions and used terms like Stronger Bubba Born for the bundle and “sorry business babies,” which is how some Aboriginal and Torres Strait Islander women refer to stillbirth. There are also audio versions for those who can’t or prefer not to read the information.

The U.S. is not pulling its weight in relation either to our burden or to the resources that we have at our disposal.

—Susannah Hopkins Leisher, an epidemiologist, stillbirth researcher and stillbirth parent

In May, nearly 50 people from the state of Queensland met in a large hotel conference room. Midwives, doctors and nurses sat at round tables with government officials, hospital administrators and maternal and infant health advocates. Some even wore their bright blue Safer Baby T-shirts.

One by one, they discussed their experiences implementing the Safer Baby Bundle. One midwifery group was able to get more than a third of its patients to stop smoking between their first visit and giving birth.

Officials from a hospital in one of the fastest-growing areas in the state discussed how they carefully monitored for fetal growth restriction.

And staff from another hospital, which serves many low-income and immigrant patients, described how 97% of pregnant patients who said their baby’s movements had decreased were seen for additional monitoring within two hours of voicing their concern.

As the midwives, nurses and doctors ticked off the progress they were seeing, they also discussed the fear of unintended consequences: higher rates of premature births or increased admissions to neonatal intensive care units. But neither, they said, has materialized.

“The bundle isn’t causing any harm and may be improving other outcomes, like reducing early-term birth,” Flenady said. “I think it really shows a lot of positive impact.”

As far behind as the U.S. is in prioritizing stillbirth prevention, there is still hope.

Dr. Bob Silver, who co-authored a study that estimated that nearly 1 in 4 stillbirths are potentially preventable, has looked to the international community as a model. Now, he and Leisher — the University of Utah epidemiologist and stillbirth parent — are working to create one of the first stillbirth research and prevention centers in the U.S. in partnership with stillbirth leaders from Australia and other countries. They hope to launch next year.

“There’s no question that Australia has done a better job than we have,” said Silver, who is also chair of the University of Utah Health obstetrics and gynecology department. “Part of it is just highlighting it and paying attention to it.”

Dr. Bob Silver, a leading stillbirth researcher, is working to help create a center for investigating and preventing stillbirths in the U.S. (Kim Raff for ProPublica)

It’s hard to know what parts of Australia’s strategy are making a difference — the bundle as a whole, just certain elements of it, the increased stillbirth awareness across the country, or some combination of those things. Not every component has been proven to decrease stillbirth.

The lack of U.S. research on the issue has made some cautious to adopt the bundle, Silver said, but it is clear the U.S. can and should do more.

There comes a point when an issue is so critical, Silver said, that people have to do the best they can with the information that they have. The U.S. has done that with other problems, such as maternal mortality, he said, though many of the tactics used to combat that problem have not been proven scientifically.

“But we’ve decided this problem is so bad, we’re going to try the things that we think are most likely to be helpful,” Silver said.

After more than 30 years of working on stillbirth prevention, Silver said the U.S. may be at a turning point. Parents’ voices are getting louder and starting to reach lawmakers. More doctors are affirming that stillbirths are not inevitable. And pressure is mounting on federal institutions to do more.

Of the two stillbirth prevention bills in Congress, one already sailed through the Senate. The second bill, the Stillbirth Health Improvement and Education for Autumn Act, includes features that also appeared in Australia’s plan, such as improving data, increasing awareness and providing support for autopsies.

And after many years, the National Institutes of Health has turned its focus back to stillbirths. In March, it released a report with a series of recommendations to reduce the nation’s stillbirth rate that mirror ProPublica’s reporting about some of the causes of the crisis. Since then, it has launched additional groups to begin to tackle three critical angles: prevention, data and bereavement. Silver co-chairs the prevention group.

In November, more than 100 doctors, parents and advocates gathered for a symposium in New York City to discuss everything from improving bereavement care in the U.S to tackling racial disparities in stillbirth. In 2022, after taking a page out of the U.K.’s book, the city’s Mount Sinai Hospital opened the first Rainbow Clinic in the U.S., which employs specific protocols to care for people who have had a stillbirth.

But given the financial resources in the U.S. and the academic capacity at American universities and research institutions, Leisher and others said federal and state governments aren’t doing nearly enough.

“The U.S. is not pulling its weight in relation either to our burden or to the resources that we have at our disposal,” she said. “We’ve got a lot of babies dying, and we’ve got a really bad imbalance of who those babies are as well. And yet we look at a country with a much smaller number of stillbirths who is leading the world.”

“We can do more. Much more. We’re just not,” she added. “It’s unacceptable.”

by Duaa Eldeib

Idaho Governor Proposes $2 Billion in Funding for School Buildings Over Next 10 Years

3 months 1 week ago

This article was produced for ProPublica’s Local Reporting Network in partnership with the Idaho Statesman. Sign up for Dispatches to get stories like this one as soon as they are published.

Idaho Gov. Brad Little on Monday proposed spending $2 billion over 10 years to help school districts repair and replace their aging buildings. This would mark the largest investment in school facilities in state history, he said.

The proposal, announced during the governor’s annual State of the State address, follows an Idaho Statesman and ProPublica investigation, which showed how Idaho’s restrictive school funding policies and the Legislature’s reluctance to make significant investments in school facilities have impacted students and teachers. Hundreds of students, teachers and administrators shared photos, videos and stories with the publications about the conditions they deal with on a daily basis.

“We’ve all seen the pictures and the videos of some Idaho schools that are neglected — crumbling, leaking, falling apart,” Little said, standing before the Legislature in the Idaho Capitol. “In one school I visited, raw sewage is seeping into a space under the cafeteria. Folks, we can do better.”

Showing photos of fallen ceiling tiles, cracked paint and damaged drains published by the Statesman and ProPublica, he added, “Let’s make this priority No. 1.”

Idaho has long ranked last or near last among states in spending per pupil, and it spends the least on school infrastructure per student, according to the most recent state and national reports. Districts across the state struggle to pass bonds — one of the few ways they can get funds to repair and replace their buildings — because Idaho requires two-thirds of voters for a bond to pass. Most states require a simple majority or 60%. Many superintendents told the Statesman and ProPublica that reaching Idaho’s threshold has been nearly impossible in their communities, and some have given up trying altogether.

As a result, students have had to learn in freezing classrooms and overcrowded schools, with leaky ceilings, failing plumbing and discolored drinking water. These conditions have made it difficult to learn, students and educators said, and have, at times, caused districts to temporarily close schools.

“It’s just a continuous struggle,” Jan Bayer, superintendent of the Boundary County School District, told the Statesman and ProPublica. Boundary County, a rural district in North Idaho, has run two bond elections to try to replace one of its elementary schools plagued with disintegrating pipes, cracked walls and a roof that’s reaching the end of its lifespan. But while one bond had 54% of voter support, both elections failed to reach the two-thirds threshold.

“It would be such a relief to be able to go to our local taxpayers and say our state’s going to invest in us too now,” Bayer said. “It would be a pretty joyful and hopeful moment for our teachers and for our community.”

The governor said his proposal would help make schools more modern, address “unmet critical maintenance” and bring long-term property tax relief. The Legislature would need to determine how the money is distributed to school districts.

The State of the State address often sets the tone for the legislative session, which began Monday, with the governor outlining his priorities for the budget and the coming year.

Addressing Idaho’s school facilities is expected to be a key part of this year’s legislative session.

Legislators have been discussing a series of proposals that would make it easier for school districts to get the money needed to repair and replace their buildings, including one that would start the process of lowering the supermajority required to pass bonds.

“People are generally getting more and more dissatisfied with the fact that we’re not able to address our aging facilities in public education,” Sen. Dave Lent, the chairman of the Senate Education Committee, told the Statesman and ProPublica last month.

Reducing the threshold would require a constitutional amendment, which needs support from two-thirds of legislators and a majority of voters. In the past, that proposal has failed to gain traction, and some lawmakers have argued the threshold needs to remain in place as a protection for taxpayers.

Legislators have also talked about proposals to offer more state funding to reduce the burden that falls on property taxpayers.

Misty Swanson, the executive director of the Idaho School Boards Association, said school board members have been advocating for decades for a “more strategic and effective approach to address the ongoing school facilities crisis.”

“The governor’s approach is a huge step in ensuring Idaho students have access to safe school buildings for years to come,” she said in an email.

Following the speech, education groups and state officials applauded the governor’s proposal on school facilities. Board of Education President Linda Clark called it a “game changer.” Idaho Education Association President Layne McInelly said the group is excited to work with legislators to make sure “a child’s ZIP code doesn’t determine whether their classrooms are up-to-date or crumbling, supportive or overcrowded, kept warm or freezing.”

Superintendent of Public Instruction Debbie Critchfield said in a statement: “In recent years the state has focused on supporting educators by increasing salaries, improving their health insurance and adding money to school budgets for support staff. Now, the time is right to put that same emphasis on the buildings where our students learn. I appreciate that Governor Little recognizes the need and is making it a priority.”

by Becca Savransky, Idaho Statesman

Health Plans Can’t Dodge Paying for Expensive New Cancer Treatments, Says Michigan’s Top Insurance Regulator

3 months 1 week ago

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This story is part of a partnership with Scripps News.

In a victory for many cancer patients in Michigan, the state’s top insurance regulator told health plans on Monday that they cannot deny coverage for clinically proven cancer treatments, and she made it clear for the first time that this includes cutting-edge genetic and biologic therapies.

The move follows weeks of questions from ProPublica and pressure from state lawmakers after the news organization reported in November that an insurer there refused to pay for the only treatment that could save the life of Forrest VanPatten, a 50-year-old father of two, even though a state law requires insurers to pay for proven cancer drugs.

Internal emails obtained by ProPublica showed that executives at Priority Health, the second-largest insurer in Michigan, had argued that the expensive treatment VanPatten needed was a gene therapy, not a drug, so the state’s mandate didn’t apply. VanPatten died in February 2020, still fighting for access to treatment. Priority Health’s associate chief medical officer had tried fruitlessly to convince his bosses that the company was required to cover the treatment, known as CAR T-cell therapy. He later told ProPublica: “We crossed the line.”

Forrest VanPatten’s widow, Betty, and their two adult children said they hoped the historic directive from Michigan’s insurance regulator would ensure that other families wouldn’t have to go through what theirs did.

“I’m literally sitting here in tears because Forrest would be so proud that something is going to happen and, you know, that they’re not going to get away with it again,” Betty VanPatten said.

More than 30 years ago, state legislators passed the law because they were fed up with insurers finding excuses to get out of covering treatments for cancer patients. Now, the Department of Insurance and Financial Services’ bulletin to insurers makes it clear that therapies that have been developed using technologies that didn’t exist when the law was originally written must be covered. The agency previously acknowledged to ProPublica that it hadn’t taken any actions to enforce the law since it was enacted in 1989.

In the press release announcing the step, the department’s director, Anita Fox, said her department was “committed to protecting Michiganders by ensuring that health insurers are following all state and federal laws and regulations.”

A Priority Health spokesperson said the company hadn’t yet seen the bulletin and couldn’t comment on it. In a written response to ProPublica questions on lawmakers’ outrage over the VanPatten case, the spokesperson wrote: “We welcome the opportunity to answer any questions from legislators about coverage decisions." He said the company had begun covering CAR T-cell therapy “several years ago” — after VanPatten died — based on clinical improvements. He added that Priority Health follows all state and federal coverage requirements and wrote: “The health and safety of our members is always our top priority.”

In earlier comments to ProPublica, Priority Health had said there was initially a lack of consensus in the medical community around the treatment VanPatten needed. But well before VanPatten’s doctors requested Priority Health’s approval for the medication, there was substantial consensus about the efficacy of the treatment, according to the National Comprehensive Cancer Network, an alliance of leading U.S. cancer treatment centers.

Not all Michigan health plans have to follow the state law. Some employers pay directly for the health care of their workers and hire insurers only to process claims. These plans are regulated by the federal government and are exempt from state coverage requirements, though some follow them voluntarily.

Michigan’s legislative session is set to open on Wednesday, and several members have been pushing the state insurance department to investigate Priority Health’s actions in the VanPatten case, calling out insurance regulators for failing to enforce the statute.

Sen. Michael Webber, a Republican who represents Rochester Hills, called the agency’s lack of action “a red flag” and said that “laws are only impactful if properly communicated and properly enforced.”

Rep. Julie Rogers, a Democrat from Kalamazoo, who chairs the House health policy committee, called what happened to the VanPatten family “horrifying” and said that “a thorough examination of this case and a review of the regulatory tools available to address this situation is warranted.”

Laura Hall, communications director for the state insurance department, said she couldn’t reveal whether the agency was investigating Priority Health unless a formal enforcement action is taken.

Even after the insurance department’s bulletin to health plans, Sen. Jeff Irwin, a Democrat from Ann Arbor, said he still supports writing a new bill to make it “painstakingly clear” that the new generation of cancer treatments are covered under Michigan law. He called Priority Health’s actions “unconscionable” and said in a written statement that he wants an investigation into “why and how this family was subjected to denial, delay, and death.”

Do You Have Insights Into Dental and Health Insurance Denials? Help Us Report on the System.

by Robin Fields and Maya Miller

How the VA Fails Veterans on Mental Health

3 months 1 week ago

This article contains descriptions of mental illness and suicide.

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A veteran with a known history of suicidal thoughts showed up at a St. Louis hospital before dawn one morning and was left unmonitored in an exam room for hours.

Another was deemed at risk of suicide by a hospital psychiatrist in Washington, D.C., then forcibly discharged, even as he tried to stay, by the same hospital’s emergency department.

Another still in Pittsburgh was assigned a behavioral health nurse who failed to complete thorough suicide screenings or review his suicide safety plan, and didn’t follow up when he said he wished he was dead.

In all three cases, independent inspectors documented serious failures by the Department of Veterans Affairs. And in all three cases, the veterans involved went on to kill themselves or other people.

The lapses were similar to ones examined by ProPublica last week in an investigation of the VA’s handling of two veterans with serious mental disorders. Both suffered for years with inadequate care from the same clinic in Northern California, they told reporters. Their stories ended in tragedy.

The problems appear to be systemic. Over and over, the hospitals and clinics in the VA’s sprawling health care network have fallen short when it comes to treating people with mental illness.

That conclusion emerges from a ProPublica review of all of the reports published by the VA’s inspector general since 2020. That includes 162 regular surveys of facilities and 151 investigations that were triggered by a complaint or call to the office on a wide variety of alleged health care problems.

If you or someone you know needs help:

  • Call the National Suicide Prevention Lifeline: 988
  • Text the Crisis Text Line from anywhere in the U.S. to reach a crisis counselor: 741741
  • If you are a veteran, call the Veterans Crisis Line: 988, then press 1

Issues with mental health care surfaced in half of the routine inspections. Employees botched screenings meant to assess veterans’ risk of suicide or violence; sometimes they didn’t perform the screenings at all. They missed mandatory mental health training programs and failed to follow up with patients as required by VA protocol.

One in 4 of the reports stemming from calls or complaints detailed similar breakdowns. In the most extreme cases, facilities lost track of veterans or failed to prevent suicides under their own roofs.

Sixteen veterans who received the substandard care killed either themselves or other people, the review revealed. An additional five died for reasons related to the poor care, such as a bad drug interaction that the reports say could have been prevented. Twenty-one such deaths is a meaningful count even for a health care system that has more than 9 million people enrolled, in the view of Charles Figley, a Tulane University professor and expert in military mental health. The VA has struggled with mental health care for decades, he said. “It’s a national disgrace.”

For grieving family members, it is incomprehensible. “It was never my expectation that [the VA was] going to solve his problems,” said Colin Domek, the son of the veteran in Pittsburgh. “My expectations were that someone who was saying ‘help me’ would receive some kind of help.”

The inspector general reports reviewed by ProPublica have limitations. The individual investigations can be narrow. The reports offer only broad suggestions as to whether individuals should be held accountable for breakdowns and provide little sense of whether they actually were. Even together, they don’t capture the full reality of the VA’s 1,300 health care facilities. But they do start to assemble a meaningful picture of the system’s most chronic shortcomings when it comes to treating people with mental illness.

The VA declined requests for an interview for this story. In a statement to ProPublica, VA press secretary Terrence Hayes said “there is nothing more important to VA than providing high-quality mental health care to Veterans” and that the agency was “grateful” to the inspector general’s office for its oversight. He noted that last year, more than 80% of veterans who participated in VA surveys reported being satisfied with the mental health care they received through the agency.

In a separate statement, VA Inspector General Michael Missal said, “Our reports have repeatedly illustrated that it is critical that [Veterans Health Administration] leaders remain vigilant to problems, ensure care is coordinated, and take swift, responsive actions that address root causes and promote accountability.”

The VA’s health care system is the nation’s largest. The agency operates about 170 medical centers and 1,100 outpatient sites, and it provides counseling services at some 300 facilities known as vet centers. In the last fiscal year, the VA provided mental health services to about 2 million veterans, according to agency figures.

The system has notable strengths. The VA has played an important role in developing treatments for conditions such as post-traumatic stress disorder and traumatic brain injury, and provides critical training opportunities for psychiatrists, psychologists and social workers nationwide.

But the number of suicides among veterans has remained stubbornly high, ticking up to 6,392 in 2021, the most recent year in agency statistics. And acts of violence by veterans with mental illnesses have continued making news, including two mass shootings in Atlanta last year alone.

Experts told ProPublica the failures revealed in the inspector general reports point to broad problems, including inadequate mental health staffing, outdated policies and the inability to enforce high standards across a large, decentralized health care network.

“It’s a very sad thing,” said M. David Rudd, a psychology professor at the University of Memphis for whom the Rudd Institute for Veteran and Military Suicide Prevention is named. “You can sit here today and predict with great accuracy how many deaths there are going to be over the next five years. Yet there are unlikely to be any meaningful, significant changes.”

When there are allegations of patient care issues, mistakes or policy violations inside a VA health care facility, it is often up to the agency’s independent inspector general to investigate. The office can then write a report explaining what happened and offering recommendations for improvement. Facilities typically follow the recommendations.

The inspector general’s reports don’t name the veterans or any doctors or nurses — a deliberate choice intended to protect their privacy. They obscure gender and specific dates, too. In several cases, however, ProPublica was able to match details from the reports with information contained in news stories or lawsuits and interview the veteran’s relatives.

One of those cases involved Kenneth Hagans, a 60-year-old father of four who served as a private in the Army in the early 1980s.

In September 2021, Hagans showed up at the John Cochran Veterans Hospital in St. Louis complaining of bladder problems and depression, records show. By then, he had been receiving care at the facility for more than two decades and treated for substance abuse and suicidal thoughts.

The nurse who first saw Hagans that morning determined he was not at risk of self-harm. But instead of using the computer to call up a questionaire to assess his risk of suicide, the nurse recited the questions from memory, then left Hagans unmonitored in an exam room.

The nurse claimed to have notified the on-call physician, who was “resting” on a stretcher in another exam room when Hagans arrived, according to the inspector general report on the case. But video footage did not support that claim, the report said. A second nurse alerted the physician an hour after Hagans’ arrival. But the physician was feeling the effects of a vaccine and slow to respond, the physician told investigators.

An hour after that, Hagans was found dead in the exam room. He had used a cord to take his own life.

The inspector general report, which was published in June, found that the nurse had failed to monitor Hagans and that the nurse and physician were responsible for a delay in his care. It also raised questions about the quality of the suicide screening Hagans received. (Later, when asked by investigators to recall the questions on the assessment by memory, the nurse could not, records show.)

Additionally, the report drew attention to an email sent by an emergency department leader regarding the inspector general’s investigation into Hagans’ death. “Everybody needs to know this is NOT the opportunity to air grievances,” the leader wrote to a staff physician. “The [inspector general] will be trolling for evidence of leadership and administrative malfeasance that allowed a veteran to kill himself in our [emergency department]. Appropriate responses to direct questions are: yes, no, I don’t know, and I don’t remember. BOOM!”

The inspector general recommended that the medical center standardize its processes for suicide screenings and monitoring patients — and that local leaders in St. Louis investigate the possible interference in the inspection. In a written response to the report, facility director Candace Ifabiyi did not challenge any of the inspector general’s findings and said she agreed with the recommendations.

Kenneth Hagans and his son Graie (Courtesy of Graie Hagans)

Hagans grew up as one of eight siblings in Hammond, Louisiana. As a kid, he hopped onto trucks bound for New Orleans and hung out in the French Quarter. He saw an opportunity in the Army, his son Graie told ProPublica. But in the years that followed, he struggled with drug addiction and homelessness. He was in and out of his children’s lives.

Hagans never talked about any traumatic experiences he had while serving in the military, Graie said. But in 2017, he started getting help for post-traumatic stress disorder stemming from that period in his life. The treatment, which he got through the VA, was making a difference, Graie said. “He was learning about the impact of PTSD on his life,” he said. “Some things were making more sense about his behavior.”

Graie was stunned to learn the circumstances of his father’s death, he said. His call with a hospital official that day raised questions. Shouldn’t the VA hospital system that treated his father for psychiatric issues have been familiar with his mental health history? Shouldn’t the staff have kept an eye on him?

Hagans’ death could have and should have been prevented, Graie contended. “There’s an institutional and structural failure if what happened to my dad can happen inside a VA hospital,” he said.

In a statement to ProPublica, the VA St. Louis Health Care System expressed its “deepest condolences to Mr. Hagans’ family and friends.” The statement added that health system leaders had established standard policies for suicide screenings and monitoring patients, and initiated “appropriate personnel action” for individuals involved in the case. The health system declined to share specific details.

Hagans’ case was not an anomaly, ProPublica’s review of records found. Many of the breakdowns in care involved problems with screenings for the risk of suicide and violence.

Screenings are simple; they generally entail asking a patient a few questions about their thoughts and actions to assess their potential of self-harm or violence. But research has shown they can help save lives.

Screenings played a key role in the case of Nicholas Domek, a former Army engineer and demolition expert whose three decades in the military included serving overseas in Operation Desert Storm and in the Army Reserves.

In 2018, Domek attempted suicide and was admitted to the Pittsburgh VA’s inpatient mental health unit. He also attempted to kidnap his former domestic partner and, in early 2019, was readmitted to the mental health unit for homicidal thoughts.

The VA gave Domek a designated behavioral health nurse practitioner; the two met monthly after his second hospitalization. The nurse practitioner documented Domek’s thoughts of suicide after each of their four visits, according to the inspector general report. But there was no evidence the nurse practitioner did a thorough suicide risk assessment or reviewed Domek’s suicide safety plan as protocol dictates.

Two weeks after Domek’s last meeting with the nurse practitioner, Domek killed the former domestic partner, Mary Jo Kornick. He then killed himself.

The nurse practitioner could not remember why no risk assessment was done, the report said. The inspector general determined the nurse practitioner had copied and pasted information from prior visits throughout his records, making them difficult to follow and interpret.

Domek’s son Colin told ProPublica the nurse practitioner should have done more. He said the nurse practitioner knew about his dad’s plans; he had been in the room when his father told the nurse practitioner he intended to kill both himself and Kornick, he said.

Mary Jo Kornick (Courtesy of Sherry Kornick)

Colin Domek described his father as a hard worker who enjoyed fishing and geocaching, a recreational activity in which participants search for hidden objects outdoors. He loved being a soldier, Colin said, and the whole family took pride in his service. One year at Christmastime, they decorated their tree with tiny paratroopers. The family was on the local news when Domek deployed to Iraq.

More recently, though, Nicholas Domek had had his left leg amputated and struggled with depression, Colin said. He’d started seeing a mental health professional and trying medications. “In his mind, the VA was going to take care of him,” Colin said. “It was never a thought to see someone outside the VA. That was never on the table.”

The tragedy ravaged a second family. Kornick was a loving mother and grandmother who worked at a home for older people, her daughter Sherry Kornick told ProPublica. She loved to laugh and play pranks. She made up songs to make people smile.

She was killed the day before Mother’s Day. “I don’t even want to celebrate Mother’s Day” anymore, Sherry said, breaking down into tears. “And I realized it’s not fair to my kids who want to celebrate me.”

In its investigation, the inspector general determined the nurse practitioner had made similar missteps with at least seven other patients and had copied and pasted “significant sections of notes” from prior evaluations in 97% of the 143 patients’ health records it reviewed.

The report on the case recommended that the VA’s Pittsburgh health system consult with its human resources and legal teams to “determine whether personnel action [was] warranted.” The facility director agreed with the recommendation but noted the nurse practitioner retired in January 2022.

In a statement to ProPublica, the Pittsburgh health system said it was “devastated when [it] learned about the challenges Mr. Domek faced and took immediate action to prevent another Veteran from having a similar experience.” That included developing a refresher training program for suicide-risk evaluation and management as well as a new template for electronic health records.

Nicholas Domek (National Personnel Records Center)

Other VA facilities missed screens, too, ProPublica’s review found. At one Arizona hospital, a social worker didn’t screen a veteran who called to reestablish mental health care, instead referring the veteran for psychological diagnostic testing. The veteran wasn’t offered treatment for a month and later died by suicide. A South Carolina hospital didn’t do a suicide risk assessment on another veteran who was being released from its inpatient mental health unit as VA policy requires. That veteran also died by suicide.

There were other cases, too, in which veterans with serious behavioral health issues were overlooked or didn’t get the help they needed.

The VA Medical Center in Houston, for example, lost track of a veteran with chronic schizophrenia who sought treatment at the facility’s emergency room in 2020 for back pain. The veteran was found off-site four days later in cardiac arrest and died the next day, according to an inspector general report. In interviews with the investigators, hospital staff said the veteran had been shuttled between departments due to possible COVID-19 symptoms and then wandered off. In a statement to ProPublica, Houston health system leaders said the situation did not “represent the quality health care southeast Texas Veterans have come to expect from Houston VA” and that they had improved their COVID screening processes and trained employees on wandering patients.

At the VA Medical Center in Washington, D.C., a psychiatrist found a veteran with drug withdrawal symptoms to be at moderate risk of suicide and recommended in-patient treatment. The psychiatrist walked the veteran to the facility’s emergency room for follow-up. But doctors there didn’t read the psychiatrist’s notes and determined the veteran should be discharged. When the veteran refused to leave, an attending physician called the VA police and was heard saying the veteran could go shoot himself. The veteran died from a self-inflicted gunshot wound six days later.

Hospital leaders agreed with the findings in the inspector general report and noted that the physician who made the insensitive remark was replaced as a contract provider. They told ProPublica in a statement that a second physician on contract had resigned from the facility.

Experts say such missteps often stem from the fact that employees are overworked and undertrained.

Demand for mental health services within the VA has been surging, and the system has long endured mental health provider shortages. A survey published by the inspector general in August found that more than three quarters of the VA’s 139 networks of hospitals and associated clinics had reported “severe” shortages of psychiatrists, psychologists or both.

Separately, a report from the Government Accountability Office from 2022 concluded that one-fifth of all large VA health care facilities failed to meet requirements that mental health providers be available within primary care settings to help assess veterans and follow up with their care. The facilities said “persistent staffing challenges” were largely to blame.

The VA is far from the only health care organization that has had difficulty filling critical behavioral health positions amid a national shortage of providers in recent years. But Carl Castro, a professor at the University of Southern California and director of its Center for Innovation and Research on Veterans and Military, said the VA in particular has struggled to compete for providers.

“The system doesn’t pay them enough money,” he said. “It works them to the bone. That’s why it is hard to recruit people.”

Indeed, in exit interviews, VA psychologists cited insufficient pay, too much work and job stress as among the top five reasons they left their positions, according to data published by the VA in October.

The VA, for its part, has steadily increased its funding for mental health over time, federal budget data shows. In 2022, the figure surpassed $13 billion, up from about $6 billion a decade earlier. In 2022, mental health was about 13% of the total health care budget. In 2012, it was about 12%.

Agency leaders have acknowledged that growing the mental health workforce is a priority. They recently announced a targeted hiring initiative intended to bring 5,000 new mental health professionals into the system over the next five years. The agency also boosted the pay range available for staff psychiatrists last year and is offering more flexible schedules to employees to help battle burnout, it said.

“We are fully engaged in a multi-faceted strategy to attract qualified candidates, leverage all flexibilities and incentives to meet the workforce needs, and monitor staffing ratios and other data regularly to help inform facility staffing priorities and decisions,” the agency said in a statement to ProPublica.

Aside from staffing issues, experts said the VA struggles with consistency across its huge system, which is broken down into 18 regional networks and dozens of smaller hospital systems, each with its own leaders and policies. “If you’ve seen one VA facility,” said Alyssa Hundrup, a director on the Government Accountability Office’s health care team, “you’ve seen only one VA facility.”

The national policies alone have generated confusion, the reports showed. According to the inspector general’s office, two of the handbooks describing the mental health policies all VA facilities must follow had been outdated for years. One was missing the agency’s most recent guidance on managing patients at risk of suicide or suffering from PTSD or major depressive order.

Dr. Sandro Galea, dean of the Boston University School of Public Health who chaired a congressionally mandated committee on the treatment of PTSD in military and veteran populations a decade ago, said the individual tragedies highlight the need for a wholesale look at the VA’s mental health care system “to identify gaps and holes.”

“That needs to happen,” Galea said. “It’s clearly time.”

Emma Dash is sure something needs to be done. Her husband, a 33-year-old Army veteran named Brieux Dash, was struggling with PTSD when he was involuntarily committed to West Palm Beach VA Medical Center in 2019. He took his own life during his stay.

Brieux Dash and his family (Courtesy of Emma Dash)

Dash had been a wheeled vehicle mechanic in the Army from 2006 until 2015. He deployed to Iraq twice, his Army records show. When he returned home the second time, he was different, Emma said. He would scream in the middle of the night. Sometimes, he erupted into violence in his sleep.

Emma, who worked in the West Palm Beach VA medical center’s pharmacy department, had her husband committed to the medical center’s inpatient mental health unit once before, she said. “It got him back to being him,” Emma recalled. So when he attempted suicide at home in 2019, she followed a similar course of action.

The VA’s inspector general later found that a nursing assistant who had been assigned to do patient safety checks every 15 minutes the day Brieux Dash died had also carried out other tasks contrary to unit protocol. In addition, video cameras that were supposed to help monitor patients hadn’t worked in years.

The findings shocked Emma, who had believed the facility was the best equipped to help her husband. She sued the VA in 2022 and settled for $5.75 million last year, an amount her lawyer characterized as “historic.”

In a statement to ProPublica, the West Palm Beach VA Medical Center said it installed sensor alarms and new surveillance cameras after Dash’s death and added a new checklist to address environmental risks for patients on inpatient mental health units. “Anytime a Veteran in our care dies by suicide,” the statement said, “it is heartbreaking.”

Emma Dash had a simple message for the VA, she told ProPublica: “Do better!”

If you have information about mental health care services provided by the VA, email VAmentalhealth@propublica.org.

by Kathleen McGrory and Neil Bedi

Skipping School: America’s Hidden Education Crisis

3 months 1 week ago

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This story is exempt from our Creative Commons license until March 15.

On a cold, clear weekday morning in early December, Shepria Johnson pulled up to a small house in Ecorse, Michigan, in an SUV with a decal on the driver’s door that read “Student Wholeness Team.” She looked at an app on her phone. It was her third of 10 visits that morning, and she was there to check on a girl and a boy, 11 and 9, who had missed enough days of school to put them on a list of “chronically absent” students at Grandport Academy, in Ecorse, an industrial suburb of Detroit.

In case there was no one home, Johnson wrote the students’ names on a form letter and addressed the envelope to “the parent of Jisaiah and King.” She wrote “parent,” avoiding the plural as she had seen schools do. “If it’s a one-parent household, that might get touchy.”

There was someone home. Kuanticka Prude opened the door; behind her were some of her eight children. Cats darted up and down the front steps, which were garlanded with Christmas decorations. Johnson introduced herself and said that she was concerned about Jisaiah’s and King’s attendance and wanted to see if there was anything the family needed to help them get to school.

“This is King,” Prude said, gesturing to a slender boy with wary eyes, “and this is Jisaiah” — a girl with her hair in thick side buns. Prude, a friendly 32-year-old with multiple nose and lip studs, said she had woken the two up that morning, but they had gone back to bed, assuming she would be at her job, as a security guard at the Fillmore Detroit entertainment venue. By the time she discovered that they hadn’t left for school, it seemed too late to send them. She had set up a nanny cam to see what was going on at the house when she was away, she said, but the cats had chewed it up. She hadn’t been aware until recently how many days they had missed; she had noticed some attempted calls from their school but hadn’t realized what they were about.

“I tell them, ‘Y’all are going to get me in trouble for this,’” she told ­Johnson.

“This is not anything like truancy. We come from a place of support,” Johnson said, in her characteristically upbeat tone. “But, yes, it could lead to that, if they’re not in school, so we want to make sure they understand.”

Back in the SUV, Johnson’s composure briefly fell away. “Wow, they are too little to be skipping,” she said under her breath.

Johnson is part of an increasingly popular approach to combating truancy: She makes home visits to learn why children are missing school and then works with families and schools to get them back on track. She oversees a team of six people in southeastern Michigan who are employed by a Baltimore company called Concentric Educational Solutions, which has contracts with seven small school districts in the Detroit area. Since 2021, she has been driving back and forth across the Downriver towns southwest of the city, a vast expanse of dollar stores, pot dispensaries and manufacturing plants — some active, some abandoned. She passes the Marathon refinery, the Great Lakes Steel Works and the giant Ford Rouge Complex, where this fall she could see the picket line of the United Auto Workers strike.

The strike ended. The crisis that Johnson was dealing with, on the other hand, seemed never-ending. Absenteeism has long been a problem in the Detroit area, as in other places with high poverty rates, but since the coronavirus pandemic it has worsened dramatically. Nationwide, the rate of chronic absenteeism — defined as missing at least 10% of school days, or 18 in a year — nearly doubled between 2018-19 and 2021-22, to 28% of students, according to data compiled for The Associated Press by Thomas Dee, a professor of education at Stanford. Michigan’s rate was 39%, the third highest among states. States that have reported data for the most recent school year showed only minimal improvement; some cities have rates of more than 40%.

Absenteeism underlies much of what has beset young people in recent years, including falling school achievement, deteriorating mental health — exacerbated by social isolation — and elevated youth violence and car thefts, some occurring during school hours. But schools are using relatively little of the billions of dollars that they received in federal pandemic-recovery funds to address absenteeism. The issue has also attracted surprisingly little attention from leaders, elected or otherwise, and education coverage in the national media has focused heavily on culture-war fights.

This void created an opportunity for a fledgling company like Concentric. Founded in 2010, by David Heiber, a former school administrator, the company grew slowly. It had only about 20 employees before COVID-19 ignited the business. Concentric now has more than 100 employees, and it recently received a $5 million investment from a social-venture-capital firm to fuel expansion.

“Right place, right time, right pandemic,” Heiber told me sardonically.

It takes help to build the habit of going to school, said Johnson, seen at Wayne Memorial High School in the suburbs of Detroit. “I don’t think just one person can do it alone. (Brittany Greeson for ProPublica)

Kuanticka Prude had her first child when she was 13, so she finished her education at the city’s maternity academy. Before that, though, she’d liked going to school. “It was fun! Who wanted to be at home and listen to your mom complain all day?” she told me, when I spoke with her after Johnson’s visit. “But, then, we didn’t have COVID and cities being shut down.”

During the pandemic, Detroit’s public schools, where her kids were enrolled at the time, remained closed to in-­person instruction for nearly a year. “They did school online. I hated it,” she said. “They took it as a joke most of the time, playing in class, because they felt like they were at home and they could do that.” After the family moved to Ecorse, last summer, the mindset lingered. “They got too comfortable at home,” she said.

This is a dynamic that Johnson has repeatedly encountered. When classes were virtual, students would log on some days, and some days they wouldn’t. The world did not end. For parents, it might seem easier that way. No dragging kids out of bed before daybreak. No wrestling them into proper clothes. No getting them to the bus stop as one’s own work waited. “You were able to just do the things you needed to do,” Johnson said. “Everybody was comfortable. It was: ‘I can go to my computer, my baby is in my room on the computer. We’re good.’”

After that hiatus, relearning old behaviors was hard. “If I were a child, and I could stay at home on my computer, in my room, and play with my little toys on the side, pick up the game for your break or lunchtime, how hard is it to sit in a school building for seven hours?” she said. “It takes us to help build those habits, and I don’t think just one person can do it alone.”

Some parents, unimpressed by what instruction consisted of during remote learning, didn’t see missing school as that consequential. Some simply liked having their kids around. “You’re dealing with a different generation here. This is a parent generation that plays video games with their children,” Steven McGhee, the superintendent of the Harper Woods district, another Concentric client near Detroit, said. “When we were kids, we were out of the house and at school. There was no option. This became optional.”

Even before COVID, some students in the Detroit area had been able to choose online-only learning as an offering from public or charter schools. Since the pandemic, many schools have made it easier for students to try to catch up from missed days with online material.

The spectrum from in-person to virtual to nothing at all can get pretty fuzzy. One early afternoon, I saw an 8-year-old boy with headphones on standing outside a house in Ecorse, playing a video game on a tablet. His mother had died of a heroin overdose two years earlier, and his father said that he had enrolled his son in an online academy, because their housing situation was uncertain. Usually, there were three hours of instruction daily, he said, but the Wi-Fi hadn’t been working properly. “He’s done for the day,” his father said.

Families faced other hurdles as well. One student’s father had died a month earlier, and in the previous six months two of his grandparents had also died; his mother was suffering from heart disease that prevented her from working, and she could no longer afford school clothes. Johnson alerted the student’s principal, who had a special fund for such needs.

The mother of a middle school girl had been in a car crash; when a Concentric employee visited, the mother had trouble even coming to the door, and she explained that she couldn’t get her daughter to school anymore. A high school boy had moved in with his grandmother, but he was sleeping on the porch for lack of a bed; Concentric bought him one. A superintendent purchased a washer and dryer after hearing from Concentric that some students weren’t coming to school because they didn’t have any clean clothes. “Once you have these conversations, you know that there are real-­life events that happen, there are real-­life circumstances, where they’re just not able,” Johnson said.

Still, there were circumstances in which negligence did seem to be an issue. Johnson, who is 34 and has three kids, could feel her natural sympathy being tested: “I’ve had a parent tell me, ‘Well, hey, she wasn’t there because of my life problems.’ I get it, but you can’t just leave a student out of school because you have issues.”

Sometimes parents asked Johnson if she was a truant officer, and she would reply, “No, I’m a professional student advocate,” which was what Concentric called its outreach workers. “If you’re a truant officer, they’re defensive,” she told me. “They automatically assume you’re here to get them in trouble.”

Within the U.S., the concept of mandatory schooling can be traced to the 17th century, when the Puritans of Massachusetts positioned it as fundamental to Christian society, but this tenet was challenged by the Industrial Revolution, as children went to work in the mills. After Massachusetts instituted compulsory schooling policies in the 1840s and ’50s, enforcement was spotty. But, in 1873, the state passed a law requiring attendance between the ages of 8 and 12, for at least 20 weeks a year. The law was enforced by agents of the school committee — truant officers — with fines of up to $5 per week. Sixteen years later, the age range was expanded to 14, and a year after that the required term became 30 weeks a year. W.E.B. Du Bois, reflecting on his upbringing in western Massachusetts in the 1870s and ’80s, emphasized his school routine. “I was brought up from earliest years with the idea of regular attendance at school,” he wrote. “This was partly because the schools of Great Barrington were near at hand, simple but good, well-taught, and truant laws were enforced.”

By the 1890-91 school year, more than 200 of Massachusetts’s 351 towns had an average daily attendance of 90%, and only 11 were below 80%. During the following decades, mandatory schooling spread nationwide. William Reese, a professor of history at the University of Wisconsin, found that just 6% of adolescents were in high school in 1890 but that by 1930 half of them were. By 1950, attendance was so universal that those who weren’t in school were called dropouts. “By the early 20th century, the truth is that you’re supposed to be in school, and, in the long reach of history, that’s a remarkable fact,” Reese told me. “It became a universal norm. Other European nations sort of caught up eventually, but America was in the vanguard of this.”

Cities often employed truant officers, who roamed the streets searching for children to corral, and repeat offenders risked being brought to juvenile court. But in recent decades many areas have moved away from legal remedies, following a general shift toward less punitive juvenile justice. In addition, experts — citing psychology literature and evidence from states that still meted out consequences — argued that threats were unlikely to be effective. “Punitive rather than positive is not the best approach,” Michael Gottfried, an economist at the University of Pennsylva­nia Graduate School of Education, said.

Enforcement of state truancy laws has grown rarer. In August, Missouri’s highest court affirmed the sentencing of two parents to at least a week in jail for their young children’s absences, but most of the movement has been in the other direction. In 2019, for instance, New Mexico removed the role of district attorneys in enforcing attendance. (The state, which had some of the longest school closures, saw its chronic absenteeism rates more than double after the pandemic, to 40%, the second-highest rate among states, after Alaska.)

The case of Kamala Harris is instructive. As the San Francisco district attorney in the mid-2000s, she made headlines for prosecuting parents of extremely truant students. “I believe that a child going without an education is tantamount to a crime,” Harris said, during her run for state attorney general, in 2010. “So, I decided I was going to start prosecuting parents for truancy.” During that campaign, she pushed for a statewide law that made it a misdemeanor for parents if their kids were chronically absent, punishable by a fine of up to $2,000 or a year in jail. In 2013, the state amended the law, giving school principals more leeway to excuse absences.

When Harris ran for the 2020 Democratic nomination for president, she received heavy criticism for her efforts. She expressed contrition, saying that she had hoped the law would simply prod districts to offer more resources to aid truant students. “My regret is that I have now heard stories where, in some jurisdictions, DAs have criminalized the parents,” she said. “And I regret that that has happened.”

In recent years, however, efforts to fight absenteeism have tended to involve nudges, not threats. In 2015, Todd Rogers, a behavioral scientist at Harvard, co-founded EveryDay Labs, which sent letters and text messages to families with reminders about the importance of school, and statistics about how their children’s attendance compared with classmates’. Parents could also respond to a chatbot about challenges that they were facing in getting their kids to school. The company was hired by some 50 school districts, but its approach was most effective with milder cases of absenteeism, less so with more severe ones.

David Heiber, Concentric’s founder, is an advocate of direct intervention, perhaps because he wishes he had received it when he was young. Heiber, who is 47, was brought up in Delaware by his maternal grandparents. He had some contact with his mother, a white woman who suffered from alcoholism, but he did not know his father, who was Black, until he was an adult. His grandfather, whom he called Dad, was a truck driver, and he and Heiber’s grandmother — Mom — provided him with a stable middle-class upbringing. In high school, he was a track star who attracted scholarship offers.

In his senior year, his grandfather had a fatal heart attack while Christmas shopping. Heiber went back to school just two days later and, receiving no social-­work support — although a gym teacher let him play Ping-Pong for hours on end — he “spun out of control,” he told me. He was expelled from school, convicted of burglary and sentenced to some five years in prison. While he was incarcerated, his grandmother died of cancer. “I just decided, Something has to happen,” he said. “I got to do something.”

He earned his GED behind bars and a judge released him after 27 months, on the condition that he enroll in college. He attended Lincoln University, a historically Black institution in Pennsylvania, and got a job teaching high school in Baltimore, which he did for a year before taking an administrative position at a different local high school. But, in 2006, he faced one set of misdemeanor charges related to a breakup, which were later dropped, and another set, he told me, for his role interceding in a fight between students at a high school in Washington, D.C., which he had been visiting as an observer. That case resulted in four years of probation. “It was a rough period,” Heiber said. “Very few people go in a straight trajectory.”

In 2007, he moved to Washington, D.C., to become the director of student services for a small group of charter schools. One day, Heiber and some colleagues were wondering what to do about truant students, and it occurred to him that one lived just across the street from the school. He suggested going to the student’s home. There, his grandmother said that he was attending a different school. For Heiber, it was an epiphany: To get the right information, you needed to go to students’ homes, both to show families that the system cared about them and to gain a better understanding of what was keeping the students away — unreliable transportation, depression, lack of clothes or myriad other factors. “There was a list of maybe 200 or so, and we just thought, Ask them questions,” he said.

Heiber came to realize that there was an art to conducting visits in ways that didn’t make families feel judged. In one home, a cockroach fell onto his shoulder, and he managed to keep himself from recoiling, “because it would have made the whole conversation go different,” he said.

In 2010, he was approached by the NewSchools Venture Fund, a philanthropy looking to invest in Black entrepreneurs. He received $150,000 to help create Concentric, with the initial aim of advising districts on how to improve home visits by teachers. But it became apparent that many districts were having trouble getting teachers to do home visits at all and, instead, were interested in having Concentric do them.

Heiber embraced the new mission, becoming an evangelist for what he saw as an underappreciated aspect of the education system. Most school systems “pay the least amount of money for the most important job,” he said. “I’m not saying that teaching is not a very important job. But they got to be in school to be taught.”

His initial contracts were primarily in Detroit. He met several administrators in the school system there, mostly Black men roughly his own age, who then left to lead districts in the city’s working-class inner suburbs. They hired Concentric and recommended it to others in the region.

The frequent travel to Detroit was a strain on Heiber and his family, as was the scramble for new clients. He incurred bills for unpaid taxes and home improvements, leading to court proceedings in Prince George’s County, a Maryland suburb of Washington where he lived. Then came the post-pandemic boom, with new business in Maryland districts. Contracts ranged from $50,000 for home visits in a small district to several million dollars for home visits, plus mentoring and tutoring, in some large ones. In 2021 and 2022, Concentric hired dozens of employees, many of them young Black college graduates. It gave them two weeks of training, which included instruction as basic as how to knock on doors. “I tell everyone, ‘Knock a little harder, but don’t knock like the police,’” a Concentric manager said. The job mostly paid on an hourly basis, as much as $35 per hour. The “professional student advocates” dressed well, in black polo shirts with the company logo or, sometimes, in suits. “I didn’t want people to go into a building and not know that they were our PSAs,” Heiber said.

The company’s rapid expansion, with revenue reaching $8 million last academic year, brought growing pains. Some employees went weeks without getting paid, as income from new contracts arrived too late for payroll, and the company had to turn to lenders, several of whom later filed suit for nonpayment. (Most of the legal actions against Concentric and Heiber have been settled.)

Concentric’s growth only accelerated as the new school year began. For many districts, tracking down missing students was existential. About a million children had left public schools, either because they switched to private or parochial schools or homeschooling, or for reasons unknown. With fewer students, some districts faced teacher layoffs and school closures.

To bring more order to the expansion, Heiber hired experienced managers. In early October came an announcement that a firm called New Markets Venture Partners was investing $5 million in Concentric.

One of the firm’s partners, who was in charge of the investment, told Heiber that Concentric was worth $15 million. The federal pandemic funding that some districts were using to pay Concentric would fade in 2024, but many districts were using state money, which would continue. “He thinks we could be a $150 million business in five to seven years,” Heiber said.

Every few weeks, Concentric received a fresh list of absent kids from each district, often about 50 names. Shepria Johnson’s list brought her to tiny bungalows, ramshackle apartments and public-housing complexes. Sometimes she arrived at homes that appeared abandoned. “I pull up and am, like, No way, nobody lives here,” she said. “And I would knock on the door, and I see people peeking out, and I think, Oh, my God, someone does live here.”

She was able to stave off demoralization by feeling a purpose far greater than she’d had at her previous jobs — she’d worked as a manager at a shoe store and at a Verizon store, while making efforts to complete her college degree. “You don’t know what you’ll go and see, but if you’re not doing it then you can’t help,” she said. “It doesn’t make me sad anymore, it’s just, ‘How can I help?’”

She took pride in her ability to get parents to open up to her. “They go off of your energy. If you’re at the door, and you’re upset with me, I’m not going to get upset with you,” she said. “We should all consider the person on the other side of the door. We know what we’re trying to do — we’re trying to make a difference — but they don’t know that when we’re knocking at the door.”

The conversation was only the first half of the job; next was relaying what information she had learned to school officials or to Concentric employees stationed at schools. A mother in a mobile-­home park said that her son, who was in high school, needed tutoring; another mother said that her son was always late to school because he hated algebra, his first period, and suggested changing his schedule. Even when Johnson found an address uninhabited, with nothing but a can of air freshener visible in the empty living room, she considered it useful, because it alerted the school that it needed updated contact information for a student.

These sorts of home visits are so new that there has been little chance to assess them. A Johns Hopkins University evaluation of Concentric in the Baltimore school district — its largest contract — during the 2021-22 school year reported that a majority of home visits found nobody there. The evaluators struggled to judge the impact even of the visits that did reach family members, because there was no attendance data from the pandemic year of 2020-21 to compare the new numbers with.

The Johns Hopkins study found, however, that school administrators praised the company’s efforts. Superintendents in Michigan echoed this praise. “The number of companies that pledge or promise to address inequities or def­icits that are experienced in urban schools — it’s exhausting,” Derrick Coleman, the superintendent of Michigan’s River Rouge school district, told me. But Concentric, he said, is “able to go into places that many educators are reluctant to go into, for safety reasons, and make families feel comfortable. They create psychological safety to share whatever those challenges are. And that then gives us data and information to make adjustments.”

Connecticut, which has launched a home-visit initiative in 15 districts, has taken a slightly different approach: Outreach workers call ahead to schedule visits with families, which can last longer than an hour. A study found that the program — which is carried out by school employees or community members and which has cost $24 million — resulted in an increase in attendance of 15% to 20% among middle and high schoolers nine months after the first visit.

But Johnson preferred arriving unscheduled, believing that it gave her a clearer picture of the household context. “When you’re on the spot, you have the pure parent,” she said. “If you schedule it, they’re prepared, they already know why you’re coming, they already know their story, but you’re not getting the raw reason.”

“I’ve had a parent tell me, ‘Well, hey, she wasn’t there because of my life problems.’ I get it, but you can’t just leave a student out of school because you have issues,” said Johnson, at an apartment complex to check on a student. (Brittany Greeson for ProPublica)

On a couple of occasions, visits by members of Michigan’s Concentric team uncovered situations so troubling that they prompted calls to child-­protective services. More often, the team found a different recourse. Michigan is one of the few states that still enforce legal repercussions for truancy: A school police officer or administrator or a Concentric PSA can send a JC 01 form to the prosecutor’s office for Wayne County, where most of the Concentric districts are.

If the prosecutor’s office finds sufficient evidence, it typically offers students who are 10 or older a diversion program — the chance to improve attendance and have their records wiped clean. If that fails, students may be brought before a judge. (Cases of younger kids are referred to the adult division, and charges may be brought against their parents.)

Johnson, her colleagues and the superintendents in the Concentric districts in Wayne County all said that the JC 01 forms have been a valuable tool in the most extreme cases — sometimes the court would even threaten to block parents’ welfare payments. “It was very powerful,” Josha Talison, the superintendent in Ecorse, said.

But during the pandemic, the superintendents said, the process broke down — it took much longer to hear from the prosecutor’s office about forms that had been filed. “When the pandemic started, they just stopped doing it,” Talison told me. Stiles Simmons, his counterpart in the Westwood district, which is nearby, told me the same. “The courthouse pretty much shut down,” he said. “And then there was a backlog.”

(Robert Heimbuch, the chief of the juvenile division at the prosecutor’s office, said that his team had continued to handle JC 01 forms, shifting meetings and hearings to Zoom, but that some steps in the process might have taken longer. He didn’t know if referrals for chronically absent students had fallen off, because JC 01s were filed for all manner of juvenile-delinquency cases, and his office did not keep a tally of how many were for truancy.)

After a morning of home visits with Johnson, I met with Sarah Lenhoff, a professor of education policy at Wayne State University, who started studying absenteeism in 2016. She joined a coalition to tackle the problem in Detroit and became convinced that the crisis is now so severe that it requires a greater response. “We’re thinking about school attendance all wrong,” she said. “It’s societal.”

Several of the Wayne County superintendents working with Concentric agreed. “The issue of chronic absenteeism is much broader than what the school and its partners can handle,” Simmons said. “There needs to be something else done.” It was a compelling argument: Throughout the country, local and state government officials, school boards and others had decided that it was in the public interest to close school buildings for a year or more, and now it was going to take a group effort to rebuild the norms. The issue couldn’t be left to individual schools or districts — or to a single company.

Society, as a whole, needed to reinforce — as it had in Massachusetts more than a century ago — the importance of school. It was where children awakened to the world’s opportunities, where they learned how to be productive citizens and, for some, where they found a daily routine and regular meals.

Instead, as Lenhoff noted, families often got the opposite message. Inadequate infrastructure had led Detroit to cancel school for several days last year because of excessive heat. Schools had also closed in the face of forecasts of snow that brought no actual snow. Districts get penalized by the state’s funding formula if attendance drops below 75% on any day, and so they may close schools when they fear that too few kids will show up. “If you have that happen often enough, it does erode your feeling that the system is there for us, and not just when it’s convenient for them,” Lenhoff said.

One day, shortly after noon, I encountered several 15- and 16-year-old boys who had recently arrived from Latin America and were walking a dog in the quiet streets of River Rouge. But they weren’t playing hooky. School had been closed that day, owing to plumbing problems.

A short drive away, a middle school girl was playing in a front yard, while her older sister and some of her friends, in their late teens and early 20s, were hanging out in a nearby car, one with a baby on her lap. The younger sister was also not missing school: It had been only a half day in her district, to allow for professional-development courses.

Asked why absenteeism had increased, the young women didn’t hesitate. “That’s what the corona did,” Serenity, who is 21, told me. Now “they’re sending the kids back to school, and they don’t want to no more. They want to stay home and play on their computers.”

When December arrived, the weather became another obstacle: Leaving home was even less appealing when it was dark and cold out. One mother told Johnson that her son had been missing school because she hadn’t been able to buy him a winter jacket.

Another mother told Johnson that she had just been crying on the toilet: Her rent had doubled, so she wasn’t going to be able to afford Christmas presents for her kids. The rent increase had forced her to pick up a second job, at a fast-food restaurant, which had disrupted her school drop-off and pickup routines. Johnson alerted the children’s school and suggested that it put the family on its list for gift donations.

In Ecorse, Kuanticka Prude was worried about money, too. She had less coming in now than a year earlier, when she had been working a second job, at a Wendy’s. The reason her nanny cam wasn’t working, she told me, was not the cats, as she had said to Johnson, but because she couldn’t afford the monthly ­payments.

But she told me that she might quit her security job, too, to better ­monitor the schooling of her kids, who also included a girl in ninth grade, twin girls about to turn 8 (who were in special-­education programs) and a 4-year-old girl in preschool. “I’m going to get it together,” she said. With Jisaiah and King, “it’s going to take me to sit them down and talk to them really good and let them know, to understand what they’re doing and causing. Because this is not a game or a joke. Not only can you get people in trouble but you need an education.”

The next morning, it was just getting light as Jisaiah and King were scheduled to bring their little sister two blocks away for her preschool bus. A cat pawed at the front door, as if to remind them. And then they emerged. They were a few minutes late, which meant that King needed to wave at the bus as Jisaiah hustled her sister down the sidewalk, a hand on her shoulder. Then Prude’s mother emerged to load the two of them and their older sister into her car. On this day, they were going to make it.

Kirsten Berg contributed research.

Correction

Jan. 12, 2024: This article originally misstated the number of children who have left public schools in recent years. About a million have left, not several million.

by Alec MacGillis

Staff Warned About the Lack of Psychiatric Care at a VA Clinic. They Couldn’t Prevent Tragedy.

3 months 1 week ago

This article contains descriptions of mental illness, violence and sexual assault.

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Marty and Candy Larsen were in their pajamas, getting ready to watch a movie in the living room, when they heard their 27-year-old daughter scream.

“I need help!” Julia cried.

They could see her standing just a few feet away, her long blond hair unkempt, her blue-gray eyes at once alert and vacant. She’d looked like this in other moments when fear overtook her and reality slipped away. But a new sight jolted them upright: their daughter’s fingers, wrapped around a pink handgun.

Julia pounded the weapon against a wall, then squeezed its trigger, sending a bullet down an empty hallway. “Help me!” she shrieked.

The parents scrambled in different directions. Candy was on with 911 while Marty reached toward his daughter. “Julia, stand down,” he said. “How can we help you if you don’t stand down?”

But Julia fired again, repeating her plea like a mantra.

“Help me!” she cried. “Help me!”

The need had been building for almost six years, since she returned home from a stint as a Navy firefighter aboard a warship in the Persian Gulf. She was tormented by the rippling trauma of an on-duty sexual assault and grappling with symptoms that led her to be diagnosed with a psychotic disorder.

She was dependent on the Department of Veterans Affairs for care. Just that morning, when her latest crisis began, a nurse at the local VA clinic in Chico, California, had told her mother to bring her in. When they arrived, a telehealth provider was too busy to see Julia. A social worker asked questions to gauge her risk of suicide or violence; even though Julia refused to answer, she was sent out into the world and told to return for the next available appointment, in 11 days.

If you or someone you know needs help:

  • Call the National Suicide Prevention Lifeline: 988
  • Text the Crisis Text Line from anywhere in the U.S. to reach a crisis counselor: 741741
  • If you are a veteran, call the Veterans Crisis Line: 988, then press 1

Such dysfunction had become the norm at the Chico clinic, one of several hundred such community facilities designed to serve veterans who live far from the nation’s big cities. From the outside, it looked like a haven for heroes: a state-of-the-art building with a gleaming atrium, a large American flag flying out front. But the clinic hadn’t had a full-time, on-site psychiatrist in five years. A single nurse was responsible for connecting hundreds of veterans, some with serious mental illness or active suicidal thoughts, with an ever-changing lineup of telehealth providers in different time zones.

The military has long drawn recruits from remote towns across America, promising them a lifetime of health care in return for their service. But the VA has seldom staffed those same communities with the mental health professionals needed to help them once they return home. Two decades of war in Iraq and Afghanistan have turned this chronic shortcoming into an emergency. The demand for mental health care has grown at a rate that’s triple the rate of growth for all VA medical services. Anguished employees, doing what they can with threadbare staffing and glitchy technology, are burning themselves out trying to avert disasters that feel inevitable. In Chico, nurses and social workers cried after their shifts, and the new site manager, a veteran and longtime health care administrator, had made a grim prediction: “We are going to kill someone,” she told colleagues.

If hindsight is 20/20, agency officials should have exquisite vision by now. Their files are littered with cautionary tales of missed screenings and insufficient follow-up; in at least 16 instances since 2019, veterans who received inadequate care wound up killing themselves or other people; an additional five died for reasons related to the poor quality of care. Each time, investigators with the VA’s Office of Inspector General swooped in to determine whether the system failed; each time, they concluded it had.

To plug the holes, the VA grew its nationwide mental health workforce by more than 4,000 last year and plans to hire an additional 5,000 professionals over the next five years. But the sense of dread lingers. It’s a “perfect storm of real potential for gaps in care,” said Alyssa Hundrup, a director on the Government Accountability Office’s health care team.

Just as violence was erupting in Julia’s home on Jan. 3, 2022, another veteran sat alone in his dark bedroom, not far away, ruminating. Deep circles hung below his eyes. An unruly beard covered his chin.

Andrew Iles, 33, had come to believe the government was monitoring him and that his mother was in on the conspiracy. He, too, had tried to get help at the Chico clinic but for years was passed from provider to provider. Recently, all he could get was a psychiatric pharmacist who prescribed him pills. He felt abandoned, concluded the VA had never wanted to help him and slipped into a state of paranoia so intense that he threw away his belongings and holed himself up inside his mother’s house.

His sister, once his protector and closest ally, had stopped bringing her family to see him. His mother had tried to remove all of the firearms from the house but missed a few. Andrew had stowed them away.

Concow Elementary School (Loren Elliott for ProPublica)

Chico, California, sits in the northern Sacramento Valley, in the shadow of the Sierra Nevada mountain range. It’s a college town home to museums and breweries, funky cottages and trendy restaurants. Climb into the foothill elevation, though, and you enter another world. Aside from some big-box stores and picturesque downtowns, it’s mostly wilderness dotted with private homes. Cellphone service is spotty. Roads snake through dense forests.

Andrew Iles grew up in a particularly isolated community called Concow. When he was a kid, only a few hundred people lived there. They drove the same mountain roads, shopped at the same convenience store. There were enough children for a small school, but each grade level had just a handful of students. Most were eligible for free lunch.

Andrew’s family lived a mile off the main road in a one-room, A-frame home that sometimes had no electricity or running water. His parents, Glen Iles and Sue Hill, used methamphetamines. They disappeared, often for days at a time, and let other drug users hang around the house. Some of them forced Andrew and his big sister, Ashley Hill, to engage in horrific sex acts. The kids stayed quiet about the abuse. “We were so afraid to say anything,” Ashley recalled.

The siblings sought refuge on the mountainside. It was their own wild playground, full of creeks to splash in and salamanders to chase. But violence was never far. Once, when Andrew and Ashley were in grade school, they found their mother handcuffed to a refrigerator, bleeding from three gunshot wounds. A few years later, they watched Glen hold Sue at gunpoint and threaten to shoot her. Ashley called 911. Glen fled into the forest on his ATV but was caught and sent to prison. The ordeal made the local newspaper.

The arrest was a turning point. Sue stopped using drugs. She found a new partner and moved the family a few times, ultimately settling in a small city in the foothills called Oroville. After finding steady work at a rent-to-own furniture store and a new place to live, she started rebuilding her family.

Andrew grew into a gangly teenager with a sly sense of humor who wore braces, dyed his hair bright colors and swept his long bangs across his face. He and his friends were emo kids; they listened to Fall Out Boy and spoke out against the war in Iraq. Andrew dated the same girl for years. He showered her with attention and wrote her silly notes. He put considerably less effort into his schoolwork. As graduation neared, he started to believe he needed structure and discipline, and he thought the Air Force might provide it. Plus, he had a mind for math and technology, and the idea of working on multimillion-dollar airplanes appealed to him. “If I don’t do something like this,” he told his mother, “I’ll be in Oroville for the rest of my life.”

As a new airman, Andrew was stationed in Arizona as an aircraft electrical and environmental systems apprentice. His supervisors rated his performance as “truly among the best.” His first evaluations touted his “unrivaled initiative” and described him as a “superior performer” and “stellar airman.” One evaluation ended with a simple declaration: “Promote now!”

Andrew raised his hand for an assignment on Kunsan Air Base in the Republic of Korea where he could work on F-16 fighter jets. He traveled the country by train, visiting university cities so he could meet people his age. He found it thrilling to be somewhere so different from Concow with such freedom to explore.

His next tour took him to Ramstein Air Base outside Frankfurt, Germany, to work on hulking C-130s. He was 22 then, excited to visit Berlin, Amsterdam and Paris. But he was increasingly looking over his shoulder, wondering what his peers were saying about him.

Around that time, Andrew sent emails to his mother and sister that described neighbors spying on him. Sue and Ashley found the letters troubling. In some ways, Andrew sounded like his father, who had never been diagnosed with mental illness but was prone to paranoia and conspiracy theories.

Andrew had reached the age when, experts say, a typical life can start to veer off course. It is generally believed that some people have a greater biological risk of developing psychotic disorders than others. Genetics can play a role. Environmental factors like stress can trigger the onset of illness or make it worse than it would have been. Symptoms tend to begin when people are in their late teens or early 20s, as their brains mature.

Andrew sought out behavioral health services on the base, he said. But he was certain his bosses saw him differently after that. He felt some treated him like he was less capable, while others seemed to think he was faking. He considered ending his life.

In late 2010, long before Andrew was supposed to leave Germany, he wrote his commanding officer saying he no longer believed he could do his job and asking to leave the military, he recalled. The Air Force approved his request for separation, giving him an honorable discharge, records show, but required him to transfer his remaining active duty service to the reserves, he said.

When asked about the circumstances of Andrew’s separation, an Air Force spokesperson, Michael T. Dickerson, said he could not comment on anything related to an individual’s physical or mental health or the nature of his or her discharge.

Andrew flew back to the United States. He was active in reserves in northern California for a period. But his growing fears about government surveillance kept his mind in constant motion. At night, he thought he could hear strangers talking about him through doors and windows. By 24, he’d moved back in with his mom and stepdad in Oroville, the one place he’d dreaded ending up.

First image: Andrew Iles and his sister, Ashley Hill, as young children. Second image: Andrew’s high school ID card. Third image: Andrew’s Air Force portrait. (First and second image: Courtesy of Ashley Hill. Third image: United States Armed Forces.)

Julia Larsen grew up a 40-minute drive from Andrew in a quaint foothills town called Paradise. Her father worked for the post office. Her mother ran a home day care. The youngest of three daughters, Julia was bound by few rules. She spent most of her time outdoors, searching for animals or digging in the red earth. A treasured family photo shows her holding a catfish she reeled in herself.

People who knew Julia as a teenager describe her as bubbly and a free spirit. Her senior superlative in high school was “biggest daredevil.” Her family was always camping or hiking together. On weekends, when her friends came over for backyard sleepovers, her mother often joined them around the campfire. In Julia’s mind, Paradise lived up to its name. But like many young people, Julia was eager to escape the place she was from. So one day, she and some girlfriends struck up a conversation with the local Navy recruiter.

Julia told her parents while the family ate dinner together at the kitchen table. Marty, a Navy veteran with an anchor tattooed to his forearm, was elated. “I couldn’t stop bragging about her,” he would later recall. Candy worried about Julia’s safety overseas but trusted her to make the right decision. The two were more like sisters sometimes than mother and daughter.

Julia arrived at boot camp outside Chicago in June 2012. She was 18. She traded a colorful sweater and jeans for a Navy-issued T-shirt and shorts and lined up to have her hair cut. The recruits marched and swam and studied and shot. It was easier than she expected. Her parents and middle sister came to watch her graduate. They cheered from the bleachers and then celebrated over deep-dish pizza and White Castle hamburgers.

When it came time to specialize, Julia became a flight deck firefighter. She went for additional training in the Florida Panhandle, where she learned to work a high-pressure hose and handle rescue equipment. That fall, she was assigned to the USS Theodore Roosevelt, an aircraft carrier undergoing major upgrades near the Naval base in Norfolk, Virginia. Her home was a cramped bunk with a flimsy mattress deep in the ship’s belly. She placed the few personal possessions she had in a tiny locker and reported for duty.

She doesn’t remember much about the first day or even the first week. But she remembers the comments a supervisor started making about her body, and the way he pressed himself against her when she was chopping lettuce for the salad bar. Later, while she was on dishwashing duty in the ship’s scullery, he approached again, she said. He grabbed her arms and folded them across her chest. Unbuttoned her top. Turned her around. He was bulky, much taller than her 5-foot-7-inch frame, and had a thick, dark mustache. Julia had never felt so helpless. She fought to free herself from his grasp, burning her right wrist on a hot dishwasher in the struggle, but was completely overpowered. Before he could get much further, another young sailor walked in. The supervisor got spooked and scurried out.

Julia told a friend. Then she told the team that handled sexual assault allegations, she said. She wasn’t afraid of repercussions. She had been so excited to enlist. Was this what the rest of her military experience would be like? The Navy gave her the option to transfer to a different ship. For Julia, it was an easy call. She no longer wanted to be on the Roosevelt.

But while the Navy offered Julia a fresh start, it didn’t offer her mental health services, she said, as Department of Defense policies demanded. “I would have taken them up on it,” she told ProPublica. Asked to respond, a U.S. Navy spokesperson said, “While we cannot comment on the care Ms. Larsen may or may not have received, the Navy takes mental health for our Sailors seriously.”

It was, experts said, a crucial missed step. Research shows a clear association between military sexual trauma and mental health conditions including post-traumatic stress disorder, depression and suicidal ideation. Studies have shown treatment can help reduce PTSD and depression symptoms, which sometimes emerge years after the traumatic event.

Julia was assigned to the USS Kearsarge, a massive assault ship that was already in the Middle East to support troops in the global war on terrorism. During her second deployment to the region, in the spring of 2016, a Harrier jet burst into flames departing from the Kearsarge’s flight deck. Julia was startled by the deafening pop. She sprinted toward the burning aircraft with the other firefighters to battle the blaze. “Her initial response, quick action and knowledge during an AV-8B Harrier fire on the flight deck was pivotal in the prevention of a major catastrophe and loss of lives,” her supervisors wrote in her performance evaluation.

Almost four years to the day after she began boot camp, Julia returned to California. She moved into a house in the southern Central Valley with her boyfriend from the Navy and enrolled at the local college. She set a goal of earning a degree in social work and becoming someone who could help veterans. But Julia couldn’t shake the feeling that something was wrong. She had trouble concentrating on schoolwork. Some nights, she couldn’t sleep. She sought out counseling through the VA.

By June 2017, Julia had started feeling scared of the world around her. One night, she was certain she could hear people walking on her roof and called the police. The officers who showed up made her feel even more anxious. She worried they would take advantage of her. She pushed one and wound up at the police station. She was later taken to a psychiatric unit.

As soon as Marty heard what happened, he drove six hours to pick up his daughter. He packed her belongings into suitcases and hitched her car to the back of his truck. On the ride back, Julia was convinced they were being followed. She begged her father not to draw attention by driving too fast or changing lanes. Marty was stunned to see his easygoing daughter acting so out of character. “It was like a switch had flipped,” he recalled.

First image: Julia and her father, Marty Larsen, fishing in the 1990s. Second image: Julia and her mother, Candy Larsen, on a family trip. Third image: Julia’s senior portrait at Paradise High School. Fourth image: Julia’s Navy portrait. (First, second and third image: Courtesy of Marty Larsen. Fourth image: United States Armed Forces.)

For veterans in the foothills like Andrew and Julia, the Chico clinic was all they had.

Its mental health team had been trying for years to convince regional leaders to add more positions. Even when the staff included two psychiatrists and a psychologist, plus a nurse, counselor, social workers and designated mental health administrators, the team struggled to keep up with growing demand, former employees told ProPublica. The clinic had more than 500 mental health patients, many of whom had complex illnesses.

The department’s longtime manager, a psychiatrist named Russell Cottrell, recalled once noticing that other rural mental health departments in the region had more personnel per patient than Chico did, he said. When he asked about the discrepancy, his bosses stopped sharing the data. He fumed, he said.

“I don’t think they paid attention to the growth we had,” Cottrell told ProPublica. “I would point it out and I’d get in trouble.”

By the summer of 2016, the staff had gotten smaller, and Cottrell was the only psychiatrist in the building. Cottrell was no stranger to hard work; an Army veteran, he had devoted his career to treating the most challenging mental health cases. But he was tired of begging for personnel and running out of energy. That fall, he made plans to retire.

The lead mental health nurse, Michelle Angela, sent an email to a regional mental health leader in the wake of Cottrell’s retirement announcement. “We would like to invite you to come visit us at Chico Behavioral/Mental Health for an update on what the plan will be,” she wrote. “In addition to our concerns as staff members, our local veterans have been asking if there will be [a medical doctor] on site for their mental health needs.”

No such doctor was hired. Instead, the clinic filled the gap with a combination of visiting doctors and doctors in other locations who connected with patients through computer screens.

In many ways, the Chico clinic was on the forefront of telepsychiatry, then an emerging way to deliver treatment that had the potential to broaden access to veterans in remote locations. But some mental health professionals had reservations. While virtual sessions might work for some patients, they worried others needed the trust and connection that could only be established in person.

For Andrew, who started coming in for treatment after his father died in 2013, the changes were disorienting. Andrew had been seeing Cottrell and starting to untangle his thoughts. When Cottrell retired in February 2017, Andrew was assigned to a temporary doctor, then a specialized pharmacist who wrote prescriptions, he said. Andrew resented the arrangement. “I wanted to talk to someone routinely,” he said, “not just get a load of meds.”

Julia first arrived at the clinic on June 23, 2017. She wouldn’t maintain eye contact with anyone; while in the waiting room, she rearranged the chairs. That day, clinic staff offered her little in the way of answers. “She was informed that Chico VA Behavioral Health is an outpatient clinic and we do not have a psychiatrist on site,” a social worker wrote in her medical records.

The following month, Julia started coming into the clinic for telehealth appointments with an off-site provider. Her records show she was diagnosed with PTSD from combat and military sexual trauma and bipolar disorder, the latter of which she disputes.

For a while, the patchwork system in the clinic’s mental health department seemed to be working, current and former employees told ProPublica. But cracks started to show. In 2018, the psychologist left. And the clinic sometimes found itself without a telehealth provider available to refill medications or see patients in crisis, emails obtained by ProPublica show.

That November, a wildfire started burning up in the foothills. It was called the Camp Fire because it originated off Camp Creek Road. The blaze grew into a raging inferno that affected virtually everyone in the region. More than 10,000 homes were destroyed, including the one belonging to Marty and Candy Larsen where Julia grew up. At least 85 people died.

The day after the fire, when the air was still heavy with smoke and ash, Cottrell showed up at the clinic to help. He knew the fire would increase the demand for mental health services, he said. Seven months later, he came back on a part-time basis to help out until the clinic could hire a new full-time psychiatrist on site.

Months passed without a hire. Meanwhile, the Chico clinic moved into a gleaming new facility just a few miles away. The VA’s website trumpeted its status as a green building with energy-reducing and cost-saving features. But none of that improved the mental health department, former employees said. In fact, the new building eliminated a designated waiting area for veterans in crisis as well as private offices for mental health practitioners, meaning patients were seen in bare-bones exam rooms that evoked a school nurse’s office.

Amid the turmoil, Andrew struggled. When he noticed Cottrell back in the clinic, he wondered if Cottrell hadn’t really retired but had discarded him as a patient. Experts who were not involved in Andrew’s care told ProPublica that the constant provider changes would likely have reinforced Andrew’s paranoia and made him feel less connected to his care. One said the churn would have felt like a parent continually rejecting their child.

Julia’s life had become a rollercoaster. Some days, she felt great. She enrolled at Chico State and floated around its red-brick campus. “She could be very lucid and be her old self,” Marty recalled. “We kept thinking, she’s over it.” But stressors would trigger her. She would flash back to her darkest moments, start feeling paranoid. It wasn’t unusual for her to go days without sleeping.

She wanted counseling, she told ProPublica. But at the clinic, there was never enough time to get into it all. The focus seemed to be more on medication than talk therapy, she said. “They wanted to help me and [then] shoo me along,” she said.

An abandoned swimming pool in Paradise (Loren Elliott for ProPublica)

The strain on the clinic would only get worse.

The same month that COVID-19 swept across the country, the mental health team learned its designated administrative assistant would be shared by several departments. That made managing appointments even more difficult. Not long after that, one of the two telepsychiatrists started seeing fewer Chico patients.

Cottrell had had enough, he said. He decided he would retire for good at the end of the year. “I saw it as a lost cause,” he told ProPublica.

That summer, a psychiatrist on the East Coast was hired to do virtual visits on a part-time basis. But increasingly, technical problems were disrupting appointments.

In emails to regional mental health leaders, Chico’s front-line workers insisted that hiring an on-site psychiatrist should be the priority and noted the VA’s own guidelines, which said veterans who were suicidal, violent or in need of immediate medical attention should not be referred for telehealth services. “We currently have numerous serious suicidal ideation patients,” a nurse named Diana McMaster wrote. “With losing Dr. Cottrell, do we not need a psychiatrist in the building? A lot of times it is left up to Michelle and me to manage what happens with these patients on our side of the video. … That puts us in a precarious position.”

Dr. David Gellerman, the chief medical director for mental health services in the VA’s Northern California region, replied, writing, “No, we are not placing anyone in a precarious position. We can't hire someone who does not exist... if we get a good psychiatrist or [psychiatric nurse practitioner] candidate who can be on location, we can try, but so far we have not had any acceptances.”

Gellerman pointed out that precautions were being relaxed in the pandemic. “Care by telehealth is better than no care at all,” he added.

Reached by email by ProPublica, Gellerman did not comment on the correspondence. He referred a reporter to the VA’s public affairs office that covers the broader region of Northern and Central California, Nevada, Hawaii and the Philippines, which did not respond. A national spokesperson said agency guidance does not establish absolute conditions under which virtual care should not be given.

By then, Andrew had been diagnosed with schizoaffective disorder, a mental illness marked by a combination of schizophrenia and mood disorder symptoms. People with the disorder can experience psychotic symptoms, losing their connection to reality.

Andrew hadn’t been employed since returning to Oroville. He had come to believe people were trying to kill him, even his family. He spent most of his time alone in his bedroom. He slept upright in his computer chair and ate only food that came in a can so nobody could poison him.

Sue quit her job to care for her son. She made sure he had canned food to eat and drove him back and forth from his VA appointments. In conversations with her sister, Sue worried Andrew’s doctors were always changing and he wasn’t getting the help he needed. Ashley felt helpless watching her little brother slip away. He was withdrawn and angry, a far cry from the outgoing kid she remembered. She thought back on how she had tried to protect him when they were children. “It felt like I’d failed,” she said.

The pandemic had rekindled Julia’s paranoia, too, so much so that she began to believe strangers wanted her dead. That May, her oldest sister, Jordan Pepper, a clinical mental health counselor in Ohio, traveled to Chico and helped her to seek in-patient treatment at the VA hospital near Sacramento, California. Doctors there diagnosed her with general psychotic disorder.

Records show Julia went to the Chico clinic in the weeks and months that followed. Candy and Marty took turns accompanying her. Candy made it a point to get to know the people who cared for her daughter, in some cases getting their personal cellphone numbers. She tried to stay optimistic.

In the fall of 2021, the telepsychiatrist who had been seeing Julia stopped seeing Chico patients. That November, Julia had a virtual appointment with a psychiatric nurse practitioner she had never seen before who prescribed a drug called atomoxetine to help her concentrate, her medical records show. But two days later, Julia called back and asked for something that would work faster. The nurse practitioner prescribed an antidepressant called bupropion and instructed Julia to take the two medications together, her records show.

More than a year later, in its report on Julia’s case, the VA’s inspector general would note that the combined use of atomoxetine and bupropion can trigger psychotic or manic symptoms. The nurse practitioner told investigators that despite what his notes said, he had not intended for Julia to take both. It isn’t clear which, if any, Julia took. She doesn’t remember.

Around that time, Julia began taking note of unusual things she believed were happening to her: strangers following her at the dog park, electronic files going missing. She installed a camera in her car and started carrying a pink handgun she bought after separating from the Navy.

The Chico clinic’s mental health department, meanwhile, fell further into disarray, current and former employees told ProPublica. Several other telehealth providers left, including the Connecticut-based telepsychiatrist who was seeing Andrew. Those who stayed buckled under the weight. “We were abandoned,” said Belva Fay, a senior social worker who was also the clinic’s acting manager for eight months. “We were trying to run a clinic with nobody to prescribe medications, nobody to see emergency cases, nobody to talk to these clients who are angry. …

“We kept saying, there is going to be a problem,” Fay said. “This is going to blow up.”

By the time Michelle Gradnigo started as the clinic’s site manager in October 2021, disaster felt all but certain. Gradnigo, a retired lieutenant colonel in the Army and longtime military health care administrator, was so troubled by the lack of on-site mental health care providers that she asked if the clinic’s primary-care physicians could handle some of the load, she said. The answer was no, she recalled.

“I reached out to anyone at the time who would listen and said we are going to kill someone,” she told ProPublica.

Michelle Gradnigo, the clinic’s former site manager (Loren Elliott for ProPublica)

VA officials told ProPublica the Chico clinic was trying to recruit mental health professionals by offering special salary rate increases, education debt reduction and relocation incentives.

Northern California VA leaders were also trying to grow the virtual mental health program. A proposal obtained by ProPublica through a Freedom of Information Act request shows that mental health vacancies were dogging clinics across the region and that “painstaking and time-consuming recruitment efforts” were bearing little fruit. The only positions drawing quality applicants, according to the presentation, were virtual.

The new Chico VA clinic (Loren Elliott for ProPublica)

When the sun rose over the Sierra Nevada mountains on the third morning of 2022, Julia’s eyes were already open.

She had been awake for days, a fact she blamed on what felt like a constant barrage of electric shocks. She had tried to stop them by covering her walls in aluminum foil, but it wasn’t helping. She wanted pills to calm her down. At 8 a.m., she left a message at the clinic that she was “in crisis and very anxious,” government records show. An hour later, she started texting her mother, who called the clinic in tears. The mental health nurse was home that day with COVID, so a nurse from another department took the call.

The nurse sent an instant message to Julia’s nurse practitioner, who was seeing patients from another location, asking if Julia should come into the Chico clinic or go to the VA hospital in Sacramento. The nurse practitioner wanted Julia to go to Sacramento, government records show. But the nurse misunderstood and told Julia’s mother to bring her to Chico.

Marty and Candy brought Julia to the clinic around 2:30 p.m. Her body was tense, her eyes red and heavy with tears. But the nurse practitioner never evaluated her. He had nine appointments that day and no time to see Julia, a violation of VA policy requiring same-day availability for patients in crisis.

A triage social worker tried to ask Julia questions to help determine her risk of suicide or violence, but Julia wouldn’t engage, records show. Instead, she quibbled with her diagnoses and voiced frustration over the recent change in her mental health provider. The social worker should have posed the questions to Julia’s mom, who was inside the clinic while Julia’s dad waited in his truck. Instead, she marked Julia’s disposition as “routine” and concluded she wasn’t a threat to herself or others. There is no indication the social worker asked about Julia’s access to guns or other lethal means.

Later, in an interview with the inspector general’s office, the social worker said she was unfamiliar with the protocols. She ultimately gave Julia the nurse practitioner’s next available appointment, in 11 days.

Julia stormed out of the clinic, furious that she had not been given the medication she wanted, her father recalled. Candy was frustrated; she wanted clear direction on how to help. Exhausted, they all headed back to Candy and Marty’s home, a cozy ranch on a remote hillside outside of Red Bluff, California.

Marty at his home in Red Bluff (Loren Elliott for ProPublica)

Back at home, Candy offered Julia some soup and a sandwich and tried to help her calm down. Julia was still agitated, but around 10 p.m., she took a sleeping pill and retired to her parents’ bedroom. When it was quiet, Candy and Marty got ready to watch a movie in the living room, hoping it might help them relax.

Just before 11 that night, a call came into 911 dispatch.

The recording captured Julia as she pleaded for help, then fired one gunshot, then another. The line stayed open for an hour, chronicling all that unfolded.

After the second bullet fired into nowhere, Candy was determined to lower the temperature. “We are trying to help,” she assured her daughter. “You gotta put the gun down first, honey.” Marty followed suit. “We’re here for you, OK?” he told Julia. “It’s not too late. Nothing bad has happened.”

For a moment, it seemed like Julia might relent. “OK,” she said quietly. “OK.”

Instead, she fired again.

Acting on intuition, Marty leaped at his daughter in an effort to disarm her. He wrapped his arms around her, he said, and tried to overpower her. Could it have felt to her, in that moment, like she was back in the ship scullery, trying to escape the grip of her attacker? It’s impossible to know. But she felt threatened and thrashed with all the strength she could summon, smashing at his ribs and clawing his eyes.

The gun fired again. This time, a bullet struck her mother in the thigh, tearing through a large blood vessel.

Julia didn’t realize. She fought her father for control of the gun for the next 10 minutes, pistol whipping his head until he started slipping out of consciousness. After that, she told him she loved him and went outside. He came to, and by the time she returned, had retrieved his own pistol from a drawer in the kitchen. He warned Julia he would shoot and then did, he said, striking her once in each shoulder and once in the thigh.

When the police had Julia in their custody around midnight, both she and her father were seriously injured. Her mother was dead.

The morning after the shooting, her bereaved sister Jordan called the Chico clinic, she said. She wanted someone there to explain Julia’s mental illness to the authorities, to advocate for her sister. The staff member who answered knew nothing about the shooting. “Oh shit,” Jordan recalled hearing from the other end of the phone.

That afternoon, just before 4, the clinic’s phone rang again.

It was Andrew, who was in a particularly rough place. The departure of his telepsychiatrist had made him feel cast aside yet again. He’d enrolled in an intensive VA program for people with serious mental illness, but abruptly withdrawn, believing the VA didn’t really want to help him. On the call, he asked to speak to a doctor, he recalled. When he didn’t get one, he told a pharmacist that he had not been taking his medication and was feeling paranoid again. The pharmacist encouraged him to restart the prescription and scheduled a follow-up appointment in two days.

“Vet does not appear to be a harm to himself or others,” the pharmacist wrote in Andrew’s notes.

The next day, Jan. 5, Andrew sought out the family shotgun. While Sue had gotten rid of most of the firearms in the house just a few months earlier, Andrew had kept three in his possession.

Around 12:30 p.m., Andrew called 911 and told the dispatcher he had shot his mother. He was standing in the driveway when deputies arrived.

Sue died on the scene.

Ashley first learned there had been a shooting at her mother’s house when a friend called. She initially thought Andrew had taken his own life. She and her husband raced to the house, arriving alongside first responders. Deputies wouldn’t let her on the property until well after night had fallen. Ashley struggled to make sense of what had happened. Officials told her Andrew had performed CPR on his mother. “He tried saving her life,” Ashley said.

Background: A roadside sign in Paradise First image: Marty holding his wedding photos. Second image: Andrew and his mother, Sue Hill, at his boot camp graduation. (Background and first image: Loren Elliott for ProPublica. Second image: courtesy of Ashley Hill.)

Over the course of about 36 hours, employees’ worst fears about the Chico clinic had become reality. Many returned to the office in a state of shock.

Gradnigo, the site manager, requested a chaplain be brought into the clinic. But when she asked her supervisors what the next steps would be, she got no response, she said. Hoping the VA’s central office might intervene, she sent a tip about the shootings to the agency’s inspector general’s office, she said. She withheld her name so she wouldn’t face retaliation.

Gradnigo was fired in March 2022. The reasons provided to her were “inappropriate” comments and interactions with colleagues, records show. Gradnigo says the allegations about her conduct are exaggerated or false. She believes she lost her job because she reported wrongdoing and she is Black. She is pursuing a discrimination claim against the VA. The agency did not comment on the claim and told ProPublica it does not comment on personnel matters.

The inspector general’s office went on to investigate Julia’s case. Its report, which was published in February 2023, ticked off all the ways the clinic had failed, from medication mismanagement to not having a same-day access availability and improperly assessing her risk of violence. But the report did not mention a second patient involved in a violent act. It did not address systemic staffing issues. In fact, the office said it did not substantiate employee claims that facility leaders had failed to address their concerns about mental health staffing. The report found facility leaders had “ensured the use of telehealth and community care.”

The inspector general’s office declined to say why it did not include Andrew’s case in its report or publish a separate review. Spokesperson Fred Baker said the office reviews all complaints it receives. With respect to the employee concerns about staffing, he said, the inspector general’s office “found that leadership was taking steps to fill vacancies.”

The VA declined to make a clinic leader or official at its regional office in Sacramento available for an interview. In a statement, a Washington, D.C.-based spokesperson, Joseph Williams, said the agency “fell short” in treating Julia. “This incident does not represent the quality of care Veterans have come to expect from our facilities, or the standard to which we hold ourselves accountable, and we have taken several measures to ensure that it does not happen again,” he wrote.

The agency later said it could not answer specific questions about the care Julia or Andrew received due to privacy concerns.

After the shootings, the Chico clinic hired an on-site psychiatrist and an additional social worker, according to the inspector general report. The psychiatric nurse practitioner who prescribed the medications to Julia resigned. For the last several months, the mental health team has been fully staffed, the VA told ProPublica.

Andrew was charged with his mother’s murder in January 2022. He remains in the Butte County Jail. As early as this month, a judge could determine whether Andrew was legally sane at the time of the killing.

In an interview with ProPublica, Andrew described being stuck in a loop when he fired the shotgun. He was convinced his mom was poisoning him, something he now says was a delusion. “I love my mom,” he said. “I wish she was here.”

The Butte County Jail (Loren Elliott for ProPublica)

He doesn’t want to scapegoat the military or the VA for what happened, he said. He accepts responsibility. But he stressed that he had tried to get help from the VA repeatedly. “I do believe if there had been some form of intervention on their end, this might not have happened,” he said.

Ashley stayed in Oroville for a while, but it became impossible to go grocery shopping without someone staring at her or asking about her mother. “It felt like we were on display,” she said. Over the summer, she moved to Texas with her husband, young son and stepfather. She’s hoping to give her son the childhood she and Andrew never had.

Ashley is still mourning her mother, whom she described as a devoted grandmother and her closest friend. She has also been doing whatever she can to support Andrew in jail. She calls and texts him regularly and makes sure he has enough money in his account for the commissary. When he texted about playing Dungeons & Dragons recently, she replied like a mother might. “I’m so happy that you’re doing something fun,” she wrote. “I love you, Andrew.”

Ashley and her family at home in Texas (Loren Elliott for ProPublica) Andrew in court in December (Loren Elliott for ProPublica)

Julia was also charged criminally for her mother’s death. In January 2023, she was found not guilty by reason of insanity. She is now a patient at Patton State Hospital, a sprawling forensic psychiatric complex at the base of the San Bernardino Mountains about 60 miles east of Los Angeles. She reads books in the library, helps organize group activities like bingo and keeps her fingernails painted vibrant colors. She has a journal with positive affirmations on each page; she writes down the things she’s grateful for.

For some time after the shooting, Julia didn’t know she had caused her mother’s death. It was only after listening to the 911 recording months later that she began to understand what had happened. Coming to grips with that has been excruciating, she said. Her mom was her best friend. On a recent afternoon, during an open mic event at the hospital, she read a poem she wrote about their relationship. Audience members were brought to tears, she said.

It is hard to say what prompted the shooting. She recalls hearing an explosion in the distance — maybe a gas tank — and feeling like she needed to protect herself from some unknown threat. “It felt like I was unconscious, not awake,” she told a psychologist who evaluated her in January 2023, records show. “It felt like I was in a video game.” The psychologist speculated the explosion triggered her PTSD and may have put her in a dissociated state.

Julia isn’t sure how long she’ll be at Patton. She would have to be cleared by the hospital and the court to be released for supervised treatment in the community.

First image: Julia at Patton State Hospital. Second image: The poem Julia recently wrote and recited. (First image: Loren Elliott for ProPublica. Second image: Courtesy of Julia Larsen.)

It has taken many months for Marty to begin recovering. His ribs were fractured and his back was broken in two places. He needed 15 staples in his head. The emotional recovery, he knows, will be much longer. He’s chosen to stay in the hilltop ranch where the shooting took place. He bought the property to grow old there, and that’s what he still intends to do. He finds comfort in his fruit trees and livestock and the sweeping mountain views.

He said he forgives his daughter. He keeps her military photo in his wallet. But he is furious at the VA. “I want to punch VA in the face,” he said one afternoon late in the summer, while the sun poured into his den. To him, it was obvious what had needed to happen and what went wrong.

It crystallized deep in his mind the night of the shooting, after Julia had finally relented and he picked up Candy’s cellphone to speak with the 911 operator.

“She really, really needs help,” he told the operator while waiting for the police to come and arrest his daughter. “We tried to get her help at the VA. And, God, the VA didn’t really help that much.”

The dispatcher was empathetic. She’d heard Julia’s cries for help all night; dozens of them were captured in a recording of the call.

“I’m sorry the VA didn’t help her,” the dispatcher said.

Editor’s Note

After reading a February 2023 report by the Department of Veterans Affairs’ Office of Inspector General about inadequate mental health care at a VA clinic in Chico, California — a document that did not name any veterans or health care professionals or provide specific dates — ProPublica reporters wanted to more fully understand the tragedy that unfolded and what lessons it offered for the larger VA health care system. They spent months investigating the case at the center of the report involving a veteran named Julia Larsen as well as a second case involving a veteran named Andrew Iles who was also treated at the clinic.

The reporters interviewed Julia in person at Patton State Hospital near San Bernardino, California, and spent many hours interviewing her by telephone and video call. They traveled to St. Louis to meet with her attorneys. They reviewed hundreds of pages of her military personnel and medical records, as well as police reports from the night of the shooting and transcripts of interviews Julia gave to detectives and psychologists after her arrest. They listened to the 911 call Julia’s mother, Candy Larsen, made before she died. They interviewed Julia’s father, Marty Larsen, at his home in Red Bluff, California. They interviewed her sister Jordan Pepper, childhood friend Brittney Apel and former boyfriend Ignacio Gutierrez by telephone. In addition to Brittney and Ignacio, who served in the Navy with Julia, they interviewed four other people who knew Julia from the military, one of whom Julia told about the sexual assault and corroborated her recollections. They also interviewed Laurie Smith, a close friend of Julia’s mother.

The reporters interviewed Andrew in person at the Butte County Jail in Oroville, California, and by telephone. They reviewed some of his medical records, military performance reviews and discharge records, as well as his court records and family photos from his childhood. They interviewed his sister, Ashley Hill, at her home in Texas and his half-brother William Iles, aunt MaryJo Hendricks, former girlfriend Kayley Reni and childhood friend Alex Kenworthy by telephone. They interviewed a second childhood friend who declined to be named.

Both Julia and Andrew consented to ProPublica publishing information from their medical records about their diagnoses and medical histories.

To better understand the issues at the Chico clinic, the reporters interviewed a half-dozen current and former employees. They reviewed emails sent between 2016 and 2022 that detailed staffing issues, as well as hundreds of pages in former site manager Michelle Gradnigo’s discrimination complaint. They also reviewed an internal proposal from 2021 to grow the virtual mental health program and documents from the Office of Inspector General’s investigation obtained through Freedom of Information Act requests.

To put the case into broader context, the reporters reviewed and analyzed more than 300 routine inspections and investigative reports published by the VA’s inspector general since January 2020, some examining events that occurred in 2019. They brought their findings to experts and interviewed the relatives of three veterans who died by suicide after receiving inadequate mental health care from the VA. They reviewed national reports on mental health staffing and outcomes.

Overall, the reporters spoke to more than a dozen mental health professionals, researchers and policy experts. They consulted with some on how to interview people who have experienced trauma and been diagnosed with severe mental illness. They asked others to describe how the treatment Julia and Andrew received from the Chico VA clinic differed from generally established standards of care and offer insight into the issues facing the VA’s health system.

Loren Elliott contributed reporting. Design and development by Anna Donlan.

If you have information about mental health care services provided by the VA, email VAmentalhealth@propublica.org.

Correction

Jan. 8, 2024: This story originally misidentified an aircraft that caught fire. It was an AV-8B Harrier, not an AV-9B Harrier.

by Kathleen McGrory and Neil Bedi, ProPublica, photography by Loren Elliott for ProPublica

Utah Bills Itself as “Family-Friendly” Even as Lawmakers Have Long Neglected Child Care

3 months 1 week ago

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For nearly a year, Melanie Call struggled to balance working from home full time with caring for her new baby.

Her job as a project manager for a Salt Lake City health care staffing agency required spending hours in video meetings. If her son was awake, she would turn off her camera. When he woke from a nap while she was already occupied in a meeting, she would feel her guilt grow as she heard him cry through a baby monitor.

Call, who is married to an architectural designer, had an older daughter in elementary school and a younger daughter already in day care, and wasn’t sure she could afford to send another child.

Having two children in day care would have consumed nearly 20% of her family’s take-home pay, despite her and her husband making six figures combined. Eventually, she put her son on three waiting lists for day care, but before she could find an opening she reached a breaking point and quit her job. A week later, a day care slot opened up.

Melanie Call puts Liam Call in his car seat outside of her mother’s home in Draper, Utah. Call said a lack of affordable day care and support for working mothers prompted her to quit her job at a health care staffing agency.

“I wanted to work but I just didn’t have enough support,” Call said, describing a “layer cake” of challenges: unaffordable and scarce day care and a workplace that was unwilling to accommodate her circumstances as the mother of three young children.

Utah, with the nation’s highest percentage of children, has faced a decadeslong day care crisis. A larger proportion of Utahans live in areas with few or no licensed child care facilities than in any other state, according to a 2018 analysis of census and licensing data by the left-leaning Center for American Progress, the most recent available. A 2020 report by the state’s Office of Child Care found that Utah’s child care capacity was meeting only 35% of its needs.

Federal pandemic relief funding eased the shortage by helping day care owners cover basic expenses like rent and supplies. After Utah received nearly $574 million in aid during 2020 and 2021, the number of licensed child care slots rose by about 30% from March 2020 to August 2023, according to a report by Voices for Utah Children, an advocacy group. The funding also provided child care subsidies to more lower-income families.

But on September 30 most of that federal funding expired, and Utah legislators have rejected proposals to replace it with state dollars — continuing decades of local opposition to expanding and improving outside-of-home care for young children.

The result, according to working parents and child care providers who spoke to ProPublica, is that a state billing itself as the most “family-friendly” in the nation does too little to ensure that care for children of working parents is accessible and affordable.

The child care providers who spoke to ProPublica said the federal funding kept them in business. Now, with the loss of that money, most said they are being forced to raise their rates or let employees go and care for fewer kids while working longer hours for less pay. Some said they are considering closing their doors and changing careers.

An estimate by the Century Foundation, another left-leaning think tank, projected that Utah is one of six states where nearly half of licensed programs could close.

“I see teachers burned out. I see parents leaving the workforce,” said Brigette Weier, an organizer with Utah Care for Kids who works with Voices for Utah Children. “I see parents sobbing when they find child care. I see parents sobbing when they can’t find child care.”

Legislatures in other conservative states have provided their own taxpayer money to help compensate for the loss of federal funding. The Utah Legislature, which convenes this month, has a long track record of opposing such assistance.

The Utah State Capitol

ProPublica spoke to three dozen people involved in child care in Utah, including parents, child care providers, policymakers and advocates, about the impact of the funding loss. They attributed lawmakers’ resistance to subsidizing child care, in part, to the makeup of the Legislature — 74% of lawmakers were male as of 2023, and an even bigger share are Republicans. Some older lawmakers haven’t dealt with the current economic and caregiving realities confronting young parents, they said, or view child care as a personal, not societal, problem that shouldn’t require government intervention.

Johnny Anderson, a Republican state legislator from 2009 to 2016 and president of Utah’s largest private child care provider, ABC Great Beginnings, said among lawmakers there’s still that sense that child care “is a choice rather than a necessity.” And conservative legislators view providing state funding “as a way to manipulate the free market,” he said. “But we all know that child care is a failed market: Child care is not able to charge enough tuition to cover the costs” of providing quality care.

In addition, those who spoke to ProPublica noted that most Utah state lawmakers are members of the Church of Jesus Christ of Latter-day Saints, which emphasizes women’s role as the primary caregivers for their children and has historically discouraged mothers from working outside the home. This religious and cultural influence, while typically going unspoken in public debates, creates added resistance to state child care assistance, some advocates told ProPublica.

The Brigham City Utah Temple

Call, who is a member of the church, said she was taught that it is her divine duty to care for her children. That adds to the pressure for her to stay home with them. But she doesn’t believe it prevents her from being ambitious in pursuit of a career. She said she would like to see state and church leaders acknowledge that.

“Why do we have to choose between having our careers and raising children?” she asked. “Why can’t we have both?”

Melanie Call prepares hot chocolate for her three children at their home in Sandy. “A Gut Punch for Child Care”

Parents placing their kids in day care can choose in-home care, which typically involves smaller groups of children at a provider’s residence; or center-based care, larger group settings where classrooms sometimes separate children by age. Regulations dictate the number of staff per child based on the age group. Because of the demands of caring for infants and younger children, the ratio of caregivers to children is lower for those ages.

Utah child care operators and workers, who are overwhelmingly women, have for years been pinched by uncertain enrollment and low pay, causing perpetual staffing shortages. People who work in child care in Utah are about four times more likely to report having multiple jobs than those in the overall workforce, according to a 2022 survey of 10,000 child care workers by the state’s Department of Workforce Services. Benefits such as health insurance and paid sick leave are not available to most child care workers in the state.

Labor costs make up a majority of a day care’s expenses. But it’s impossible for providers in the U.S. to charge enough tuition to pay significantly higher wages while keeping child care affordable without government aid, according to a 2017 U.S. Department of the Treasury report on the economics of child care.

Federal policymakers have attempted to address this with subsidies for lower-income families. In Utah, a family of three qualifies for a subsidy if their annual household income is less than $71,940.

Last year, the state child care office raised the income limits to receive a subsidy. If a family receives a state subsidy, their co-payment is capped at 7% of their household income. If the family is slightly above the income requirements and doesn’t receive a subsidy, they could spend as much as 38% of their income on child care, according to a 2020 Utah Office of Child Care report.

In 2022, the average pay for child care workers in the state was $13.10 an hour, compared to the national average of $14.22, according to the U.S. Bureau of Labor Statistics. To receive the federal pandemic grants, providers were required to pay a majority of their employees at least $15 an hour.

Annette Wasden, an in-home care provider in Clinton, north of Salt Lake City, said she used the grants to hire two additional employees, who she can no longer afford. She plans to close her day care and leave the state. Wasden, a second-generation child care provider, said the work is her passion but she doesn’t feel respected.

“They don’t fight for us, our Legislature. They don’t have my back,” she said. “We do not have a voice in this line of business, or even in Utah.”

In September, Anderson, the ABC Great Beginnings president and former legislator, sent two letters to his customers. One detailed why the company needed to raise its rates by an average of about 5% after the relief funding ended. The other urged parents to contact their state representatives and “tell them that the Legislature needs to provide additional and adequate funding for child care” to avoid program closures and tuition increases.

ABC Great Beginnings’ payroll costs rose by about 50% after receiving the stabilization grants, according to the letter. Recently, Anderson has also seen vacancies in his classrooms, which could be due to the state’s expansion of all-day kindergarten. Anderson also wonders if raising rates has led families to turn to child care that is unpaid or unregulated, which is difficult to track. Enrollment at his 15 Salt Lake City area centers has declined 6% compared to last year.

“It’s a gut punch for child care,” he said of the funding loss. But any state response would require families and teachers to engage in “a humongous campaign to make legislators more aware of it.”

A child plays with a toy cash register at Sharon Miller’s day care in Helper, Utah. “Most of Us Would Qualify for Food Stamps”

As director of the Utah Women & Leadership Project at Utah State University, Susan Madsen has traveled around Utah over the past two years asking hundreds of women and girls about their biggest concerns. Child care is “an issue in every single county,” she said, but “rural counties are really struggling.”

Downtown Helper, Utah

The U.S. Department of Health and Human Services considers child care to be affordable if it consumes no more than 7% of a family’s income. An October report by Voices for Utah Children found some counties where families spend more than 17% of their income on child care — all but one of them rural. And licensed child care is scarce in rural areas of the state, with capacity for only 36% of the children under six whose parents work.

Aleatha Child runs a home-based day care in northern Utah’s Box Elder County, which has one of the worst shortages of licensed child care spots in the state, according to the Voices for Utah Children analysis. The bright blue walls of her basement classroom are full of art by the children she cares for, along with notes bearing inspirational messages: “We are all different! But together we are strong and look beautiful” and “You are enough just as you are.”

A child plays at Child’s day care.

She said the federal grants paid for an additional staffer, as well as supplies and toys and replacing aging carpet in the classroom.

As the funding ended, Child considered closing her day care and working at her son’s elementary school, either in the cafeteria or as a teacher’s assistant. She’d still be around children, she reasoned. But for now she is keeping her day care open, raising her rates and cutting expenses where she can. She said she’s begun selling blood plasma to make ends meet.

“It hurts me thinking about” closing, she said. “I have so much joy with these children that I have in my program. I have such a strong bond and connection with their families, with them.”

Child talks with children during snack time at her home daycare.

Sharon Miller, the only day care provider in the central Utah town of Helper, has reduced her hours and enrollment since the grants ended. The money had allowed Miller to hire help, but she recently returned to working alone.

“Every penny I make is just to survive,” said Miller, who in 2019 was named a Provider of the Year by the Professional Family Childcare Association of Utah. Miller, who has provided day care since 1999, said most years she doesn’t make a profit, even when she has gone without a salary. In 2019, before the stabilization grants arrived, she reported a $17,000 loss from her business, according to tax returns she shared with ProPublica.

Miller with several children at her day care: “It’s important that the kids learn how to communicate. I want to set them up for the real world.”

Miller fractured her lower spine in a fall from a ladder in July and wears a back brace during her 10-hour-plus workdays. On a recent afternoon, she watched children as they rode tricycles around her backyard, which she has transformed into a colorful playground with a sandbox, garden, stage for performances and space for creating art projects. The children dropped toys at her feet, but she avoided bending down for them because of the lingering pain in her back.

Miller said she wishes state lawmakers could see firsthand what it takes to provide good child care. Legislators say they support small businesses, she said, but don’t seem to consider that her day care is a small business. House and Senate leadership did not respond to requests for comment.

“We’ve always just taken whatever we can get and just keep going,” she said. “And I think people are to the point where they’re done doing that. It’s really not fair to ask us to keep doing that just because most of us would qualify for food stamps on our incomes.”

Kids watch a children’s dance video at Miller’s day care. “Farmed Out”

Some conservative states have stepped in to help child care operators as federal funding dwindles. Alaska set aside an additional $7.5 million for day care owners. Louisiana made its largest investment in more than a decade to its child care subsidy program for lower-income families. North Dakota added $66 million in new funding to its budget for child care.

In Utah, state Rep. Andrew Stoddard, a Democrat, last January requested $216 million to pay for a one-year extension of the stabilization grants. He told the Legislature’s Social Services Appropriations Subcommittee that this would “prevent the collapse of the system” and cited figures from the U.S. Chamber of Commerce Foundation estimating the child care shortage costs Utah’s economy $1.36 billion a year. “That amount that we’re losing in tax revenue is more than this ask,” he told the committee.

The committee’s chair at the time, Sen. Jacob L. Anderegg, a Republican, said, “If I’m a betting man I’d give you almost next to no odds of getting $216 million.” Anderegg instead recommended a “more balanced” approach — a $5 million request — that went nowhere.

Indeed, even modest child care measures have consistently faced resistance.

In 2020, Rep. Suzanne Harrison, a Democrat, proposed a tax credit for businesses that subsidized or provided licensed child care for employees. She argued the bill would help businesses attract workers and increase access to care.

During a hearing, Rep. Mark Strong, a Republican, questioned whether it was the government’s role to provide such assistance. “I struggle with taxing people, all people, some to cover these for everyone.” Strong, who is a sales representative, acknowledged his wife had been able to stay home and care for their six children.

“It was really disappointing that a modest tax credit to support working families was not more favorably considered,” Harrison, now a member of the Salt Lake County Council, told ProPublica. She didn’t propose any child care legislation during the remainder of her term, which ended in 2022.

Last summer, child care advocates presented to the Legislature’s Economic Development and Workforce Services Interim Committee a report on the economic impact of the state’s lack of affordable child care, the same report Stoddard cited in his funding request.

Strong, a member of the committee, said in response that no one can “provide parenthood like a parent” and that the Legislature shouldn’t incentivize “farming” out children. “What is the ongoing economic impact of a child that is raised in a stable safe home by parents, not being farmed out?” he asked. Strong did not respond to a list of questions from ProPublica.

Advocates said Strong reflects the attitudes of some in the Legislature who view bolstering child care as contributing to the erosion of families.

Rep. Susan Pulsipher, a Republican, sponsored and helped pass legislation in 2022 to increase the number of children an unlicensed provider is allowed to care for. The change was criticized by some child care providers as unsafe.

Pulsipher also sponsored another successful piece of legislation that established a tax credit of $1,000 for families with a child between the ages of one to three. Pulsipher, a homemaker with 20 grandchildren, said the credit allows families to pay for the kind of child care they want, whether at home, at a center or at an in-home provider. But because the tax credit is nonrefundable, meaning it can only be used if a family owes taxes, and limited to lower-income families, only an estimated 1.4% of state taxpayers would benefit from it, according to an analysis by the Institute on Taxation and Economic Policy.

“I don’t think it’s enough,” Pulsipher acknowledged. “But it’s a start. And we need to start and we need to keep going.

“Her Place Is in the Home”

Some child care operators and policy advocates say the teachings of Mormon church leaders contribute to lawmakers’ reluctance to support child care. Forty-two percent of Utah adults consider themselves members of the faith, according to a recent study.

Colleen McDannell, a professor of religious studies at the University of Utah, said church leaders have long encouraged women to pursue an education but have not dealt with the notion that women in the church are transitioning from having part-time jobs to having careers.

While Utah ranks last in the nation for the share of children under six with both parents in the labor force, the percentage of mothers who are working has in the past five years increased to 64%.

“One of the ways that the LDS church deals with difficult things is just to not talk about it — it just disappears from the public conversation,” McDannell said. “So if you add that, along with the notion of a red, Republican individuality — that if you want to work, that’s fine, you should just go and figure out how to do it yourself — that means you’re going to have a difficult time with child care.”

The Brigham City Utah Temple is seen from a nearby neighborhood.

Spencer W. Kimball, the church president from 1973 to 1985, preached that husbands should support the family and “only in an emergency” should wives work. “Her place is in the home, to build the home into a heaven of delight,” said Kimball. He attributed the rise in divorce rates to women increasingly working outside of the home.

His successor as church president, Ezra Taft Benson, gave a 1987 address in which he said that “among the greatest concerns in our society are the millions of latchkey children who come home daily to empty houses unsupervised by working parents.” Benson also encouraged young couples to not delay having children and reiterated that a “mother’s calling is in the home, not in the marketplace.”

In 1995, as the church became an increasingly global organization, its leadership issued “The Family: A Proclamation to the World,” which summarized teachings on gender roles, among other things. It called for egalitarian relationships in the home but designated women as “primarily responsible for the nurture of their children.”

Today, there’s a “gentle recognition” among church leadership that many women must work, said Patrick Mason, a Utah State University professor specializing in Mormon history: “It’s not really a retreat from the ideal; it’s just kind of an acknowledgement of economic realities.” Yet, he added, “the church has never repudiated those former views — you won’t find statements like that. So it’s marked mostly from an argument from silence.”

The result, Mason said, is that older lawmakers may hold on to earlier teachings and “create policies that incentivize the ability of mothers or possibly fathers, but primarily mothers to stay home with the kids.” The church declined to comment for this story.

Rep. Ashlee Matthews, a Democrat who campaigned on improving child care, is a mother of two young boys and an office manager. She said she has had “hard” conversations with legislative colleagues, explaining that the economic realities have changed since older lawmakers raised their kids. Most households need two incomes, she tells them, and child care isn’t a “mom” issue, it’s a parent issue.

Advocates have succeeded with local approaches in places like Park City, where the City Council recently voted to add $1 million to its budget for early childhood education and child care, including scholarships for lower-income families. Park City launched the assistance program this year. It might be the only city in Utah to provide such funding, said Kristen Schulz, the director of the Early Childhood Alliance at the Park City Community Foundation.

In arguing for the proposal, Schulz said, she framed it as an investment in children rather than a city expenditure: The money would help the economy and community and increase equality. “Depending on what people are really concerned about, I feel like there’s a lot of good arguments,” she said.

“Life Is About Choices”

During its 2024 session, the Utah Legislature will consider a variety of proposals to boost public investment in child care. One would extend the expiring stabilization grants for two years at 50% of the federal level, at a cost of $120 million annually. Another would expand Pulsipher’s child tax credit. And yet another, backed by Sen. Luz Escamilla, the Democratic minority leader, would create a pilot program to retrofit vacant state buildings into child care facilities.

Gov. Spencer Cox’s proposed budget supports Escamilla’s plan and expansion of the tax credit.

Escamilla said that for many years ”child care wasn’t even part of the conversation in the Legislature” but the issue has gained some traction as more female lawmakers have been elected.

Call, who left the workforce because of her inability to find affordable child care, said the year since then has been “healing.” She’s looking to start a business and has been involved with organizations advocating for increased support of Utah’s working mothers, including subsidies to lower the cost of child care. She has contacted lawmakers and become more outspoken at church about women’s dual roles as caregivers and professionals.

Call after a meeting with a staffer from the office of U.S. Rep. Blake Moore to discuss child tax credits and child care. Call has advocated for more support for Utah’s working mothers, including child care subsidies.

Last October, Call, with her toddler son and then-12-year-old daughter, traveled to the state Capitol for a “stroller rally” in support of child care. From a podium in the Hall of Governors, she shared her story about leaving the workforce.

“Life is about choices,” she said. “So we must ask ourselves: What choices are we providing to Utah’s women, parents and caregivers?”

Mollie Simon contributed research.

Clarification, Jan. 5, 2024: A photo caption stated U.S. Rep. Blake Moore did not show for a scheduled Zoom call to discuss child tax credits and child care. Moore’s office said it was a staff-level meeting and the congressman was not scheduled to meet with Melanie Call.

by Nicole Santa Cruz, photography by Sarahbeth Maney

Illinois Judge Closes Juvenile Detention Center After “Facility in Crisis” Fails to Meet New State Standards

3 months 2 weeks ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Capitol News Illinois. Sign up for Dispatches to get stories like this one as soon as they are published.

The judge responsible for the administration of a troubled juvenile detention center in rural southern Illinois abruptly moved to close it as of Dec. 31, citing staffing shortages that made it difficult to meet new state standards governing the treatment of youth in custody.

The Franklin County Juvenile Detention Center had been featured in a November report by Capitol News Illinois and ProPublica that exposed the state’s lax enforcement of its own standards, despite audits that repeatedly found poor conditions at the facility.

Those standards were updated by the Illinois Department of Juvenile Justice in 2021; the changes aimed to improve education and mental health services for detained youths, and to limit the use of restraints and seclusion, or locking kids alone in their cells for hours. But in an inspection the following year, the state agency described the Franklin County Juvenile Detention Center as a “facility in crisis”: It did not provide the required mental health care, schooling and recreation for the children in custody, and staff locked youth in their rooms for up to 24 hours for behavioral infractions or because of short staffing. Facilities are only allowed to use seclusion to prevent someone from harming themselves or others.

That same year, the Illinois Supreme Court, which shares oversight of the state’s juvenile detention centers, also found that the Franklin County center did not meet its standards. In the summer of 2023, the facility was sued by the American Civil Liberties Union of Illinois, alleging it had violated youths’ constitutional rights by subjecting them to excessive forms of restraint and seclusion while denying them adequate education and mental health services. The facility had still not come into compliance as of the end of 2023.

In the face of these reports, in the late summer and fall of last year, the Franklin county board publicly debated the fate of the building, which is owned by the county. In hopes of keeping the juvenile detention center open, the board approved about $200,000 for upgrades. Earlier, workers’ salaries had also increased from $28,000 to $43,000 annually, according to the juvenile justice department’s January 2023 audit.

The November article by Capitol News Illinois and ProPublica found that some of the conditions noted by state auditors more than a year prior had continued at the facility in Benton, as well as in some of the other 15 juvenile detention centers where problems had been identified.

The news organizations’ reporting also revealed that the center’s staff often relied on backup from the local sheriff’s office, which sometimes used restraints in ways that are not typical or not allowed in juvenile detention centers, as law enforcement records obtained by Capitol News Illinois showed. Franklin County Sheriff Kyle Bacon defended the actions of his deputies and said that he did not believe his office was bound by the state standards for juvenile detention centers as his office was not involved in the center’s administration.

Despite these mounting concerns, the closure of the Benton detention center took some county officials, state lawmakers and employees by surprise. One longtime employee told county officials during a Tuesday night board meeting that staff were “blindsided” by the announcement four days before Christmas.

Two state lawmakers who represent the region, Rep. Dave Severin, R-Benton, and Sen. Terri Bryant, R-Murphysboro, expressed frustration that they had not been made aware of closure plans in advance and had learned of them from an employee after the decision was made.

Melissa Morgan, chief judge of the 2nd Judicial Circuit Court of Illinois, who made the closure decision, declined an interview through her administrative assistant.

Her court issued a statement about the closure late last week. It did not mention the critical audits, but it did say “workforce shortages” made it difficult to comply with the new standards and laws.

Youth detention facilities in Illinois operate like adult jails and hold youth in custody while their cases are pending in court. When the 32-bed facility closed last month, it housed only a handful of youth, though it was designated as a holding place for 26 southern Illinois counties — the lower quarter of the state. Most youth from those counties will now be sent to facilities in metro-east Illinois, bordering St. Louis, or out of state, potentially moving them further from their support systems.

The news organizations’ November reporting highlighted the fact that Illinois officials charged with inspecting the detention centers have little authority to enforce compliance. State Sen. Rachel Ventura, D-Joliet, said that she is in talks with state and court officials about how to strengthen that oversight. She said the many layers of government involved complicates the process, but she plans to propose legislation in the spring session of the Illinois General Assembly that would streamline the process for closing facilities.

Kevin Fee, a staff attorney with the ACLU of Illinois, said that his organization sued the facility in June when it found that the troubling state audits had not led to improvements.

Lawyers for the court and the county denied the allegations in court filings in November. The case is pending, though it may be rendered moot because it sought to improve conditions for youth into the future, not to win remedies for those it alleged had been previously harmed.

“I think that the closure of the facility is a good outcome, and we read it as an acknowledgement that the facility really has not been serving the youth that it houses adequately for some time, as we alleged in our lawsuit,” Fee said. “We hope that other facilities in the state that house youth will use this to measure their own conditions, and we’ll continue to monitor them.”

by Molly Parker, Capitol News Illinois

In the Scar of New Mexico’s Largest Wildfire, a Legal Battle Is Brewing: What Is Victims’ Suffering Worth?

3 months 2 weeks ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Source New Mexico. Sign up for Dispatches to get stories like this one as soon as they are published.

If an arsonist or a construction company had ignited the fire that destroyed Meg Sandoval’s home and nearly everything she owned, New Mexico law would have allowed her to seek compensation for the stress of being forced to flee, the anguish of losing cherished belongings and the depression that set in as she remained in exile hundreds of miles away.

With few possessions to her name before the fire, that money would be a monumental help as she starts over.

But because the wildfire was accidentally triggered by two planned burns set by the U.S. Forest Service, Sandoval and other victims can seek compensation from a federal claims office only for things that have a price tag, like cars, houses and cattle.

That is the predicament facing many residents of northern New Mexico a year and a half after the biggest wildfire in state history drove them from their land and destroyed more than 430 of their homes. Despite what New Mexico law allows, the federal government claims it cannot follow it.

Officials with the Federal Emergency Management Agency say a federal law establishing a $4 billion fund to compensate wildfire victims limits those payments to tangible expenses like destroyed property, lost business and medical expenses.

FEMA officials have said that they “consulted with” the New Mexico attorney general’s office about their conclusion that the law does not permit them to pay for what’s called noneconomic damages. But the attorney general’s office told Source New Mexico and ProPublica it doesn’t agree with FEMA’s conclusion. A year ago, the attorney general’s office filed a public comment on FEMA’s proposed rules, saying victims of the Hermits Peak-Calf Canyon Fire should be paid for noneconomic damages.

Now FEMA is being sued by victims who claim the agency is improperly denying them the money they deserve for the federal government’s mistake.

People with high-dollar ranches and some residents of a hard-hit subdivision with a golf course have already received substantial checks for their losses. Other residents, particularly renters and those who lived on familial homesteads, stand to get small checks because they didn’t own their homes or cannot prove to FEMA’s satisfaction that they did.

Many low-income victims of the fire lived sparely, counting the beauty and bounty of their land among their greatest assets. Payment for intangible losses could add up to more than they will get for the loss of their possessions.

“FEMA is punishing poor and middle-class people, the very people who need help the most,” said Gerald Singleton, a California lawyer representing more than 1,000 fire victims. “It will not have any effect on the wealthy, but it will be crippling to the poor and middle class.”

Some said they feel particularly betrayed because President Joe Biden promised the government would “fully compensate” victims for the Forest Service’s mistake.

A FEMA spokesperson declined to comment on Singleton’s criticism because of pending litigation. But she said the agency strives to treat everyone equally regardless of their income.

“One of the Claims Office’s cornerstone values is equity,” FEMA spokesperson Danielle Stomberg wrote in an email. “The Claims Office is required to compensate all claimants for their losses consistent with the law, and we encourage all claimants to submit their claims and all their documentation.”

At least 25,000 people were ordered to evacuate after the Forest Service’s botched burns escaped and raced across the mountains in April 2022. Many fled more than once over the two months that it took to bring the blaze under control. Some like Sandoval had nothing to return to.

Six years ago, she moved to a ranch in the Sangre de Cristo Mountains that has been in her family since the 1840s. Her elderly parents needed someone to help take care of them and their home, so she moved in with them and remained even as they spent less time there in the past few years.

She had no lease, no rent, no mortgage — no paperwork at all to formalize the arrangement. But between the old mobile home on her family’s land and her Social Security check, the 67-year-old expected to live comfortably for the rest of her life. Then the wildfire came, eventually taking her home, her possessions and her cat, Jinx. She still hasn’t returned to the ranch.

Hermits Peak, not far from where one of the U.S. Forest Service’s prescribed burns escaped and grew into a wildfire, is visible from Sandoval’s family property. She said flames were more than 100 feet high the day the fire ripped through her family’s ranch, burning so hot that glass in her house melted and guardrails on the nearby road “melted into metal ribbons.” (Adria Malcolm for ProPublica)

Though Sandoval was forced to live in Colorado for more than a year after the fire, she expects to get nothing from FEMA other than several thousand dollars for a few possessions and the cost of relocating. Her parents owned the mobile home and have filed a claim for it, but her father, Moises Sandoval, said he and his wife don’t plan to rebuild. The family corporation that controls the land is considering other options, including a guesthouse only for short-term stays, he said.

Living arrangements like Meg Sandoval’s are common in the area. Families that have owned land for generations offer spots to relatives without transferring deeds or subdividing the land.

“In northern New Mexico, they haven’t really had a real good incentive to put title in the names of whoever the new, current owners are,” said Scott Aaron, a former lawyer for the city of Las Vegas, New Mexico, who now represents residents in land disputes. “There was never a reason to until the fire hit and FEMA came in with millions of dollars.”

Sandoval’s living situation was her version of a pension. “My retirement plan is destroyed, and I can’t get that back again,” she said. “And now with the prospect of having that taken away from me for good, all I have is the pain and suffering.”

FEMA Makes the Case to Limit Payments

On May 11, 2022, as the wildfire ignited by the Forest Service was still spreading, U.S. Rep. Teresa Leger Fernandez and U.S. Sen. Ben Ray Luján, two Democrats representing New Mexico, introduced legislation spelling out how a $4 billion compensation fund would be spent.

“While we don’t know the full extent of damage from this catastrophic fire, I’m introducing legislation that would require FEMA to fully compensate New Mexico residents and business owners who’ve been impacted,” Luján said in a press release.

Smoke plumes from the Hermits Peak-Calf Canyon Fire rise above a mountain ridge near Las Vegas, New Mexico, in May 2022. (Adria Malcolm)

That bill, sponsors said, would provide victims with a quick and efficient way to be paid for what they lost. Without it, victims’ only recourse would be to sue the federal government — a long, uncertain process. The bill was wrapped into a larger measure that passed Congress in September 2022.

Leger Fernandez and Luján modeled the Hermits Peak Fire Assistance Act after legislation that followed another wildfire, the 2000 Cerro Grande Fire, that also was accidentally started by a federal agency. Like the Cerro Grande Fire Assistance Act, the Hermits Peak bill said payments would be “limited to actual compensatory damages.”

But the law didn’t define what that phrase means. The most generous interpretation — the one adopted by the state’s attorney general and lawyers representing thousands of victims — is that FEMA is required to evaluate and pay for various kinds of hard-to-quantify losses. Plaintiffs’ lawyers say they include things like the mental health toll of not just the fire, but of being displaced from home for weeks or months, as well as the lost enjoyment of land that is now scarred. FEMA’s reading of the law is much narrower: Intangible losses don’t count.

For victims of the fire two decades earlier, many of whom worked for the Los Alamos National Laboratory, narrower criteria for compensation was less meaningful. They were wealthier and most had property insurance, so they didn’t have to rely on the compensation fund. Few victims of the Hermits Peak fire, however, had insurance or sizable nest eggs; most are relying on the compensation fund to help them rebuild.

FEMA has refused to publicly explain how it came to its interpretation of what it can pay for, aside from a PowerPoint slide shown at public meetings. But an agency memo lays it out. The memo, bearing logos of the agency and its claims office, says “Do not distribute” on every page. Source and ProPublica got it from the New Mexico attorney general’s office through a public records request.

The memo says the federal law establishing the compensation fund bars noneconomic damages through that phrase: “limited to actual compensatory damages.” It notes that noneconomic damages weren’t paid after the Cerro Grande Fire.

FEMA’s memo also asserts that even if the federal law didn’t bar payments for noneconomic damages, New Mexico law allows them in just a few narrow circumstances.

Victims’ lawyers and elected officials in New Mexico contend that FEMA is wrong. “We believe that there is a strong argument that noneconomic damages are authorized under the act and New Mexico law,” said Lauren Rodriguez, a spokesperson for the state attorney general’s office. She declined to elaborate.

Victims’ lawyers argue that if Congress wanted to exclude payments for distress or hardship, the law would say so. Without a clear exclusion, they say, the federal law directs FEMA to make payments in accordance with New Mexico law — which does allow payments for intangible harm in circumstances like the fire.

The dispute over intangible losses from the wildfire centers on the wording of a federal law that established a fund to compensate victims. Officials with the Federal Emergency Management Agency have pointed to language saying payments must be “limited to actual compensatory damages” (yellow highlighting). Victims’ lawyers and New Mexico officials point to language saying New Mexico law should apply and note that the law doesn’t exclude intangible losses (red highlighting). (Obtained by Source New Mexico and ProPublica. Highlighted by ProPublica.)

Source and ProPublica spoke to three lawyers and a former judge, all of whom are well-versed in wildfire litigation and New Mexico law and none of whom have ties to the legal battle. They all said New Mexico case law clearly allows victims of a wildfire to be paid for noneconomic damages resulting from what is legally called a “nuisance,” especially a wildfire that reduced property values for a large number of people.

New Mexico has some of the most expansive legal precedents in the country for paying noneconomic damages, according to Alan Malott, a retired state judge who handled such cases, and Levi Monagle, a plaintiffs’ lawyer who has sought such damages on behalf of clergy sex abuse victims and others.

“Our law is very comfortable with trying to quantify what everyone agrees is unquantifiable,” Monagle said.

Plaintiffs in a lawsuit now pending in state court are seeking noneconomic damages for a different wildfire. They blame a power company for triggering a blaze that destroyed more than 200 homes and burned 10 square miles of forest. (The company declined to comment, apart from denying that it was to blame for the fire.)

Singleton Schreiber, a San Diego-based law firm representing those plaintiffs, is handling one of the suits against FEMA over the Hermits Peak-Calf Canyon Fire. Its complaint argues victims will be deprived of “hundreds of millions of dollars” unless the claims office pays noneconomic damages.

If that suit and a similar one don’t succeed, victims could forgo the claims process and seek damages in federal court. Exactly how much money each could get would be up to a judge and jury, legal experts told Source and ProPublica. It would vary based on their circumstances — how long they were displaced, how much of a toll that took on them, perhaps how strong their connection to their land was.

After a power company caused a series of wildfires in California from 2015 to 2018, victims received payments for noneconomic damages. People with addresses within the boundaries of many of those wildfires were eligible for initial checks of at least $5,000 for unmet needs.

Jon Givens, a lawyer with the San Antonio-based firm Watts Guerra, represented many of the victims of those fires. The average payment for noneconomic damages was $125,000, he said, which is one reason he argues that such payments for the Hermits Peak-Calf Canyon Fire could be substantial.

“The losses are staggering and real and should be paid,” Givens said.

Due to the lawsuits, FEMA declined to say whether it has estimated the potential cost of noneconomic damages across the burn scar. In a March letter to New Mexico Attorney General Raúl Torrez, Angela Gladwell, the head of the claims office, wrote that “outside influencers” were spreading disinformation that “has convinced many New Mexicans that they will be eligible for substantial noneconomic damages.”

The Cost of Being Forced From Home

FEMA has paid victims $276 million as of Dec. 21, about 7% of the $3.95 billion allocation, mostly in recent months. While that money has helped to replace homes and vehicles and to address erosion from post-fire flooding, lawyers say it leaves a whole world of harm unaddressed.

Singleton Schreiber said it anticipates that 1,125 of its 1,214 clients from the Hermits Peak-Calf Canyon Fire would qualify for some form of noneconomic damages under New Mexico law.

Source and ProPublica heard from at least 24 fire victims who described circumstances similar to what experts said would justify payments for noneconomic damages under state law. All told us they had been displaced from their homes — some for a short time, others to this day. The three lawyers and judge we interviewed said intangible harm tied to displacement is a particularly strong argument for compensation.

In May 2022, the fire devoured a cabin that had been in Loma Hembree’s family since 1967. She and her husband, David Hembree, spent the next several months on the run, “chasing decent weather” in an RV. They housesat for friends across Nevada for half a year before finally settling in an RV park in Santa Fe. They don’t anticipate returning to their property for at least another year.

“It’ll never be the same, ever,” Loma Hembree said. “My grandchildren might be able to enjoy it. But it will never be the same. It will never be like what we had.”

Charlie Paynter, the manager of a ranch in Gallinas Canyon, is suing FEMA to force it to pay for the toll that the fire and recovery has taken on him. “We were looking at the fire for a month before it came down the canyon,” he said in an interview. “It was a month of stress before we had to evacuate.”

When he returned to the property, he was overwhelmed by the work that confronted him: Half of the ranch’s roughly 800 acres of forest were burned, and 6,000 feet of water lines had to be replaced. When a small fire broke out nearby a few weeks later, he stayed up all night on his porch, ready to leave again at a moment’s notice.

“You get edgy,” he said. “You get a little short with people that you normally wouldn’t get short with.”

Although the White House supports FEMA’s stance, it noted that the claims office is paying for mental health treatment for “conditions worsened by the fire.” The office recognizes “that individuals are suffering emotionally and psychologically as a result of the fire,” White House spokesperson Jeremy Edwards told Source and ProPublica in an email.

Without payments for noneconomic damages, some victims stand to get little from the claims office.

Many are renters whose homes were destroyed. Their landlords will be reimbursed for the loss of property, but tenants will get nothing for being forced to move — sometimes far away because rental properties are scarce in the burn scar.

And then there are people like Sandoval, who had no legal claim to the place they called home. In a letter submitted for her case, she described fleeing the fire three times before ultimately finding refuge at a friend’s house 340 miles away. “I have gained weight, become depressed and experienced staggering loneliness,” she wrote.

Sandoval was too traumatized to visit the burned remains of her home until December. The last time she had been there, a year and a half before, the fire was still burning. Since then, a layer of ash had been blown away, revealing the remains of items she once held dear: a shattered teapot her grandmother gave her, melted glass souvenirs, a niece’s tiny bicycle coated in rust.

Source and ProPublica asked FEMA whether its requirements to prove ownership are making it harder for people with informal living arrangements, like Sandoval, to get paid. Stomberg, the FEMA spokesperson, wrote that the claims office recognizes “that each claim is unique and represents the individualized needs of the claimant.” The office is identifying what combination of readily available and informal documentation could “help establish ownership or legal responsibility for damaged property.”

Sandoval said a check from FEMA for the costs of relocation and the replacement value of her possessions won’t enable her to rebuild. “This ranch is the soul of our family,” she wrote in her letter to the claims office. “And our soul has been ripped away by the negligence of the U.S. Forest Service.”

First and second image: debris and the burned remains of Sandoval’s home. Third image: Sandoval shows a photograph of her and her dog, Osa, at her home before the fire. She escaped with her dog, but her cat, Jinx, died. (Adria Malcolm for ProPublica) The remains of Sandoval’s home (Adria Malcolm for ProPublica) Delivering on a Promise

The two suits against FEMA argue that the agency’s decision not to pay noneconomic damages was an “arbitrary and capricious” abuse of its discretion. FEMA has not responded in court and declined to comment on the litigation.

Legal experts say the dispute could come down to what a federal judge determines congressional intent was.

The bill’s sponsors won’t say. In a joint statement to Source and ProPublica, Leger Fernandez, Luján and U.S. Sen. Martin Heinrich, a Democrat who also represents New Mexico, did not answer questions about whether they intended FEMA to cover noneconomic damages. Instead, they repeated their praise of the claims process and said victims are free to sue if they’re not satisfied.

Meanwhile, an effort is underway to remove Gladwell, a longtime FEMA employee from Washington, D.C., as head of the claims office. In early December, a group including 11 elected officials asked the Biden administration to replace her with someone who understands New Mexico culture and law and would compensate all victims fairly — including payments for noneconomic damages.

A FEMA spokesperson said the agency was preparing a response to the letter. (Malott was among the six former judges the group suggested; he spoke with Source and ProPublica before the group offered his name.)

The group reminded Biden that the federal government caused the wildfire and that he had pledged to help these communities recover.

“The United States Government has a long record of making promises to New Mexicans that are never kept,” they wrote. It started with the treaty that ended the Mexican-American War and ceded present-day New Mexico to the United States, they wrote, and continues today with shortcomings in the wildfire claims process.

Over the years, land belonging to communities that predated the United States has made its way into the hands of the Forest Service — a fact residents are quick to mention when describing what the fire took from them.

On top of that, this wildfire started in part because the Forest Service didn’t have enough backup staff to respond in case its prescribed burn got out of control, an outside review later found. One reason officials with the Forest Service decided they didn’t need more staff was that it considered the nearby land, communities and historic sites to be only of “moderate” value.

Leger Fernandez said at the time that this finding was a surprise to her — another sign, she said, that the Forest Service didn’t appreciate the unique way of life in the area. Using the Spanish word for “my people,” she said, “They undervalued mi gente.”

Alex Mierjeski of ProPublica contributed research.

by Patrick Lohmann, Source New Mexico, and Byard Duncan, ProPublica

New York Closed Psych Beds for Youth in Crisis. Now, Foster Care Programs and Host Towns Are Being Pushed to the Limit.

3 months 2 weeks ago

This article was produced for ProPublica’s Local Reporting Network in partnership with THE CITY. Sign up for Dispatches to get stories like this one as soon as they are published.

If you talk to town officials — the supervisor, the elected board members, the chief of police — they will tell you that mayhem has arrived in Pleasantville.

A quiet, leafy village in the town of Mount Pleasant, less than 20 miles north of New York City, Pleasantville feels like the movie-set version of an affluent Northeastern suburb. Five-bedroom homes overlook tranquil cul-de-sacs and freshly mowed lawns. Kids really do ride their bikes in the street after school. The village is less than two square miles, so if you hit an errant ball at the Pleasantville Tennis Club, you could almost smack a neighbor teeing off at the Pleasantville Country Club.

For more than 100 years, the village has coexisted, more or less peacefully, with the Pleasantville Cottage Campus — a residential program that, in its current iteration, houses about 160 young people with behavioral challenges. Nearly all its residents are in foster care; most are from New York City. While Pleasantville is 87% white, almost all of the youth on the campus are Black or Latino. The majority have histories of severe trauma, according to staff at JCCA, the nonprofit foster care provider that runs the campus. Many were sexually trafficked. Some had multiple psychiatric hospitalizations or lived in five, six or seven foster homes before landing here.

Like other residential foster care programs (there are just over 200 “congregate care” facilities in New York state, with about 3,600 beds), the Pleasantville campus has periodically been the target of complaints from local residents. Young people leave the grounds without permission. They get into fights and shoplift from stores, neighbors and police say.

But during the past several years, those complaints have grown incendiary, erupting last summer into a bitter public battle that threatens to shut the campus down.

The escalating tensions have been well documented in town Facebook groups and the local paper: In 2022, neighbors were aghast when a resident from the Pleasantville campus stole a chicken from a coop in a nearby backyard and bit its head off. Later that year, a video made the rounds of a young man from the campus standing shirtless in front of a car, blocking the road. When the driver demanded that he move, he begged her to kill him.

Meanwhile, the frequency with which local police are called out to the campus climbed from several times a month in 2018 to several times each week in early 2023, according to Mount Pleasant Police Department records. Most of the contact between JCCA and the police involves missing persons: young people who run away from the campus, usually returning on their own after a few days. But disastrous things happen, too. In 2019, for instance, a young man on campus was paralyzed after being restrained by program staff and died a year later, according to Mount Pleasant Police Chief Paul Oliva. (JCCA officials declined to comment on the incident, citing privacy concerns.) Residents also regularly get into fights, break windows, assault staff and threaten to hurt themselves or someone else, police records show.

Town leaders place the blame squarely on JCCA, which has run the campus since 1940, for losing control of its kids.

The Edenwald School is one of two schools on the Pleasantville Cottage Campus. (Natalie Keyssar, special to ProPublica)

But, in fact, what’s been happening in Pleasantville in recent years is an extreme and very public version of something that’s occurring at foster care programs across New York state, an investigation by THE CITY and ProPublica found: Government child welfare authorities are placing kids with acute mental health challenges on campuses that are ill-equipped to handle them — largely because there’s nowhere else for them to go.

As THE CITY and ProPublica have reported, New York has shut down one-third of its beds for youth in state-run psychiatric hospitals since 2014 under a cost-capping “transformation plan” rolled out by former Gov. Andrew Cuomo. The state has also greenlit the closure of more than half of the beds in residential mental health programs during the past decade — all while failing to deliver on promises to expand home- and community-based mental health services to hundreds of thousands of young people. Suicidal foster children sit for months on waitlists for therapy and home-based treatment they are entitled to by law.

Among the consequences: The shortage of mental health care is creating chaos at foster care programs like the Pleasantville campus.

Since the Cuomo reform, the Pleasantville campus has had between 16 and 20 residents at a time with very aggressive or self-destructive behaviors, which is beyond the program’s capacity to manage, said Trevor John, JCCA’s senior vice president of campus services. That number used to be just two or three, he said.

Trevor John, senior vice president of campus services at JCCA, the organization that runs the Pleasantville Cottage Campus (Natalie Keyssar, special to ProPublica)

“We’re equipped to handle behavioral problems — that’s what we’re for,” John said. But with the shutdown of psychiatric beds, kids are frequently discharged to the campus from hospitals before they’re stable, he said.

(JCCA officials said they had brought the young man who killed the chicken to an emergency room twice shortly before the incident happened, but ER staff sent him away without admitting or even evaluating him.)

Once kids are placed on campuses, it’s very hard for facilities to move them off. Program staff can submit a “15-day notice” asking foster care authorities to find a new placement for a child who needs a different setting, said William Gettman, the CEO of Northern Rivers, a social service agency in upstate New York that has seen a similar influx of youth with acute mental health challenges. But he said the process often takes six to nine months. “The system is in crisis,” Gettman said.

When foster care programs can’t manage residents’ needs, there are “more AWOLs, more assaults on other children and staff, more suicidal and self-harming behaviors,” said Maria Cristalli, the president of Hillside, which runs residential programs in central and western New York.

New York’s foster care programs have had serious problems since before Cuomo began downsizing state psychiatric facilities. A January 2023 report by the advocacy group Children’s Rights described group homes and foster care campuses as “punitive, carceral, isolating, and dehumanizing,” citing former foster youth who said they lived in fear of violence from staff and other residents. (The report did not name individual programs or agencies.)

Add in more chaotic environments, with more fights and more running away, and foster care programs become a pipeline directly to the juvenile justice system for some youth.

Meanwhile, those with the most difficult behaviors — often the ones who’ve experienced the most extraordinary trauma — get pushed into a growing cohort of what the foster care system calls “hard to place” youth: children nobody wants. Foster care providers say they can’t handle them. Mental health programs are full or have insurmountable barriers to getting in. And at least in Pleasantville, the neighbors want them gone yesterday.

In July, Mount Pleasant officials held a press conference demanding that New York state shut the Pleasantville campus down. During the following three months, state child welfare officials granted JCCA’s request to remove 12 residents who staff contended were too unstable for the Pleasantville campus. The move was a win for town leaders, and it took pressure off JCCA, where incidents on campus have dropped sharply since the residents were moved.

Downtown Pleasantville (Natalie Keyssar, special to ProPublica) A neighborhood of Pleasantville adjacent to the campus (Natalie Keyssar, special to ProPublica)

But shuffling 12 residents around does not change the fact that “there are not good options” for foster youth with acute mental health challenges, said Ronald Richter, JCCA’s CEO and the former head of New York City’s child welfare administration. The systemic problem “is not solved,” he said.

In fact, only four of the 12 ended up in beds in mental health programs. Some of the others were sent to different foster care campuses or to a temporary shelter for foster children in New York City. And three are now in either the criminal or juvenile justice systems.

“That’s not a positive outcome,” Richter said.

Karen Male, a spokesperson for the state Office of Children and Family Services, which oversees New York’s foster care agencies, wrote in an email: “OCFS continues to work closely with JCCA to support the agency in effectively providing comprehensive, supportive programming for youth in foster care.”

Male added: “The health and safety of these young people, as well as that of the surrounding community, remain a top priority for our agency.”

But if officials hoped that moving the 12 youth would make town leaders back off from their campaign to shut down the Pleasantville campus, it seems unlikely to pan out that way. “Let it be known, we are still watching and still demanding accountability of this facility at every turn,” Mount Pleasant Supervisor Carl Fulgenzi wrote in an October memo posted on Facebook. “Our substantiated facts and statistics continue to overwhelmingly confirm that the situation at JCCA is worsening and wholly unsafe.”

It’s 4 p.m. on a Tuesday, and 16 teenage girls sit on vinyl-covered sofas in a common room on the Pleasantville campus. A few hug teddy bears on their laps. Two pass a watermelon-flavored lip gloss back and forth. Around them, paper butterflies and unicorns hang from baby pink walls, along with inspirational sayings like “Take time to be kind” and “Be your own kind of beautiful.” The TV is behind plexiglass so that no one can smash it.

At this meeting, the girls’ assignment is to discuss emotional regulation: essentially, how do you do the opposite of the destructive thing you really, really feel like doing? They take turns, offering examples of times they were angry or depressed: “When I went into foster care and my mom didn’t fight to get me back.” “When my dad died.” “When I wasn’t allowed to see my father for five years and my mom kept telling me it was my fault.”

What’s most noticeable is the gravitational pull of the counselor who’s running the meeting — a longtime staff member who oversees this particular cottage. Girls drift toward her, sitting on the floor at her feet or standing behind her chair. One, an older girl who came into the room rolling her eyes and muttering, “Oh, hell no,” ends up with her hands on the counselor’s shoulders, chin resting for a few seconds on top of her head.

Meetings like this are designed to teach kids coping skills: how to understand their trauma, identify their triggers and respond in new ways. The experience of being shuffled from place to place — the accumulated sense of being discarded — can drive foster youth to act out with extreme behaviors, said Jeremy Kohomban, president of The Children’s Village, which runs foster care and juvenile justice programs in Dobbs Ferry, a dozen miles south of Pleasantville. Often, he said, those behaviors are ways of “communicating hopelessness and frustration at a system that took them away from their parents and gave them nothing in return.”

First image: A student in her room in one of the cottages. Second image: A student’s bedroom. (Natalie Keyssar, special to ProPublica)

Reversing that takes time and trust, foster care providers say: Kids need to see that adults care about them and will stick around. And it can’t happen when staff are overwhelmed by residents in acute crisis.

Part of the challenge stems from limitations on what foster care campuses like Pleasantville are allowed to do. They provide clinical services like therapy and psychiatry, but unlike psychiatric hospitals or residential programs licensed by the state’s mental health department, they cannot lock kids into rooms or physically stop them from walking off of campuses. Nor can they force them to take psychiatric medications or inject them with sedatives or antipsychotics to control their behavior.

Faced with the influx of youth with acute mental health challenges, some foster care providers say those rules need to change — they need to be able to isolate or sedate kids for their own safety.

Almost universally, foster care providers also say they need more money. At the state’s current rates, they can’t attract the clinical staff they need to work with acutely ill youth, said Kathleen Brady-Stepien, the president of the Council of Family and Child Caring Agencies, which represents New York foster care nonprofits in negotiations with the state. Jobs for psychiatrists and social workers often go unfilled for months.

Rich Azzopardi, a spokesperson for Cuomo, wrote that the former governor’s transformation plan, which included psychiatric bed closures, was part of a movement to shift funds into outpatient care. If there are problems with the implementation now, “the current administration and the legislature — who are about to begin negotiations on their third budget together — should address it,” Azzopardi wrote in an email.

Under Gov. Kathy Hochul, New York has allocated $14 million to a program to recruit and retain mental health care workers and has promised to increase outpatient care in communities and schools. But those initiatives don’t touch foster care campuses, where turnover among frontline staff is up to almost 60% each year, Brady-Stepien said.

Hochul’s office declined to comment for this story.

The consequence is that foster care programs increasingly rely on inexperienced, minimally trained employees to manage volatile situations with residents in acute crisis. As a result, foster care providers say, they’re less able to do the most basic part of their job: keeping all their kids safe until they can return to homes.

On the Pleasantville campus, one of those kids was a 15-year-old named Janemarie.

In 2022, Janemarie was arrested and put on probation for assaulting an older girl. Her adoptive mom, Michelle, was sure that she couldn’t keep Janemarie out of trouble at home, so she asked her school district to find a residential program. (We’re identifying Michelle by her first name and Janemarie by her middle name in order to protect Janemarie’s privacy.)

When Janemarie’s school district suggested the Pleasantville campus, Michelle thought it might finally be the place to give her daughter the help she needed. Janemarie’s biological brothers were attending the day school on the campus, and Michelle thought maybe they could all get therapy together. She also liked that the program had a specialty in working with kids who’d been sexually abused, since she believed that many of Janemarie’s problems started after she was molested at a babysitter’s house when she was 7.

But that was January 2023, when the Pleasantville campus was calling on police to respond to emergencies more than five times a week. “I had no idea what was going on there,” Michelle said.

First image: Michelle, whose daughter Janemarie lived on the Pleasantville Cottage Campus. Second image: A childhood photo of Janemarie with Michelle. (Natalie Keyssar, special to ProPublica)

Almost as soon as she got to the campus, Janemarie felt scared, she told THE CITY and ProPublica. Staff couldn’t control the residents, she said.

At the time, Janemarie told Michelle that girls were threatening to jump her. She started running away — hopping the Metro-North commuter train to New York City, where she’d couch surf or sleep on the street. Even when Janemarie was on the campus, she wasn’t going to school or to her therapy appointments. Staff “will walk in the room and say, ‘OK, it’s time for therapy,’ and she’ll say, ‘Go fuck yourself,’ and they’ll walk away,” Michelle said. Janemarie carved messages like “Fuck my life” into her arms and texted pictures to Michelle.

Then, in June, Janemarie sent Michelle a video that showed three other girls attacking her in her bedroom on the Pleasantville campus and beating her head with a metal pot until she bled. For the duration of the video — about 30 seconds — there was no adult in sight. Janemarie told Michelle that two program counselors were in the building while she was being assaulted, but the girls left the room on their own before anyone intervened. “They’re understaffed and they’re scared of the kids,” Michelle said. “No one wants to jump in and get hurt.”

JCCA declined to comment on Janemarie’s experience, citing privacy and confidentiality concerns, despite the fact that Michelle gave the agency permission to share information about her daughter with THE CITY and ProPublica. In an emailed statement, Richter wrote that under state regulations, campus staff “cannot engage in disciplinary measures, confinement, or utilize forceful restraints. Altercations can occur suddenly, before staff is able to engage or separate people. However, safety measures are taken when risks are known, including placing children in separate cottages and increasing staff coverage and monitoring.”

Danielle Zaino is the kind of person who shows up for the school dropoff line looking the same as she does for a campaign headshot: two coats of mascara, hair freshly blown out, wedges or heels because she’s only 5-foot-2 and doesn’t like to be towered over. Zaino grew up in Mount Pleasant, meeting her now-husband when she was 10 years old. They moved away for a while, but she wanted to raise her kids back home. “It’s a nice small-town feel,” she said. “You feel safe.”

Zaino is also the kind of person who prides herself on telling the truth and taking care of business, regardless of who gets mad about it. “One of my pet peeves is people complaining about things without doing anything about them,” she said.

Mount Pleasant Council Member Danielle Zaino in her home in Valhalla, New York (Natalie Keyssar, special to ProPublica)

So, in 2016, when she heard about trouble with the foster children in town, Zaino called up a friend and started a group called the Coalition for a Safe Mount Pleasant. Cuomo’s transformation plan had been underway for two years, and foster care providers across the state were seeing an increase in residents with acute mental health challenges. At the time, there were two foster care campuses in Mount Pleasant: Three miles down the road from Pleasantville, in a hamlet called Hawthorne, the Jewish Board of Family and Children’s Services ran a campus with a special unit for kids who’d been commercially sexually exploited. Town residents reported seeing men pull up in black sedans at midnight or 1 a.m. “Barely dressed” girls would run off the campus and jump in, Zaino said. Residents assumed the men were sex traffickers — a suspicion that was later confirmed in federal court, where a ring of adult men were charged with trafficking teen girls, including some from the Jewish Board campus. (The Jewish Board was not implicated in the criminal case.)

Meanwhile, Zaino said, neighbors were seeing a spike in incidents around the Pleasantville campus, including youth breaking into cars and stealing from local stores. People were “afraid to be home alone or to let their kids be home alone. They’re afraid to go into the Mobil, afraid to go into the ShopRite,” Zaino said.

The coalition started organizing local residents, sponsoring public town halls for people to air their complaints and holding regular meetings with JCCA, the Jewish Board and state officials, getting politicians involved. Zaino ran for a seat on the Mount Pleasant town board and won.

But while foster care providers acknowledge that some of the coalition’s concerns are understandable, they say residents have gone too far. People follow foster youth around in stores and videotape them on the street, foster care providers say. Residents call police on kids who are taking a walk or heading to a job in town.

JCCA leaders said kids on campus feel explicitly targeted because of their race. Not infrequently, people in town will call the campus just because someone sees Black kids on the street, even if they have nothing to do with JCCA, John said. Last year, the town started enforcing an ordinance that allows it to fine JCCA $250 every time a resident leaves the campus without supervision. JCCA residents call the fine “the Black tax.”

“For our kids, just being outside is a problem. They too are part of this community. For some kids, this is their only residence,” John said. “When did Mount Pleasant become a sundown town?”

Zaino declined to respond to allegations that kids are targeted based on race. Oliva, the police chief, says that race isn’t a factor in the department’s enforcement. “If we get a call, we investigate it,” he told THE CITY and ProPublica. “If there’s nothing to it, we leave it alone.”

Other Mount Pleasant residents argue that the coalition’s complaints are overblown. “The claim that we are not safe, that’s just not true. This is not a hotbed of crime,” said Francesca Hagadus, who was the first Democrat on record to win a seat on the Mount Pleasant Town Board — which she then lost to Zaino in 2019. “Do the JCCA kids shoplift and get in trouble sometimes? Yeah. But guess what, our high school kids who were born here get in trouble sometimes too. The difference is that they have a home to go to at night.”

Eventually, the Jewish Board shut down its Hawthorne campus. The organization’s leaders never said that the decision was made because of pushback from the town — the agency has invested in programs that keep kids in New York City, closer to their families.

But now, town officials use the closure to threaten JCCA, John said. “They hang it over us like the sword of Damocles: ‘We did it to them. We can do it to you too.’”

If town leaders succeed, John continued, “Where do these kids go? I have youth who are languishing here for a year because their counties don’t have a place to put them. Where would they go?”

A student in music class in the Edenwald School (Natalie Keyssar, special to ProPublica)

By the time Janemarie had been on the Pleasantville campus for a few months early last year, Michelle found herself feeling sick every time she heard a text notification. Janemarie would run away for days at a time, sending Michelle oblique, crazy-making messages about where she was and what she was doing.

In June, she took off for Connecticut with a group of girls from the Pleasantville campus. As far as Michelle could tell, they were crashing at an apartment with some grown men. She was pretty sure they were trading sex for money and a place to stay.

At night, Michelle would have excruciating visions: Janemarie eating a peanut and going into anaphylactic shock without an EpiPen; Janemarie gasping for air with an asthma attack while no one called 911. She couldn’t bring herself to think about the men, though she’d later find a video on Janemarie’s phone of her performing a sex act on what looked like an adult. It made her throw up, so she didn’t look through the phone again.

To Michelle, it felt like a disaster. The whole point of sending Janemarie to Pleasantville was to keep her out of serious trouble. But now, she had “completely unraveled,” Michelle said.

JCCA officials say that in order to focus on young people like Janemarie — those who could, in theory, succeed on their campus — they need more freedom to manage others who are in acute crisis. In 2022, in response to a call for proposals from New York state, JCCA submitted a plan for two “intensive” units on the Pleasantville campus, with eight beds for residents with serious psychiatric challenges and a history of dangerous behavior like running away or being physically or sexually aggressive. If the proposal is approved, staff would be able to lock young people in their units and use injectable sedatives. The model would also come with more staff and more money, via increased reimbursement rates per resident.

JCCA would only use this model in “the most unusual circumstances,” Richter said, to care for residents who would otherwise be eligible for psychiatric hospitals or mental health residences.

But advocates for foster youth say that putting young people in more restrictive environments is not the answer. Foster care programs are not supposed to be juvenile jails or psychiatric hospitals, said Shereen White, the director of advocacy and policy at Children’s Rights. “How about we look at the quality of care these kids are getting in the first place? Did they get the services they’re entitled to in the community?” she said. “Are they getting proper, comprehensive treatment” on the foster care campus?

What everyone agrees on is that when foster care fails to keep young people safe, there is another system that always has room and can’t turn them away: juvenile justice.

In July, Michelle filed a petition in family court, requesting that a judge send Janemarie to a more controlled setting. Janemarie wasn’t safe, she said. But what Janemarie got was not a residential mental health program: The judge sent her to a juvenile lockup, saying that all the fighting, the running away, the refusing to go to school were violations of her probation.

The day Michelle watched Janemarie walk into court in handcuffs, “that was a heartbreak,” she said. “She’s a child who on every level has been failed.”

But there’s also comfort in knowing where Janemarie is and that she can’t run away. “I can sleep at night,” Michelle said. “And maybe she’ll finally get the help she needs. This child suffers so greatly. If they’re smart and they get the right people in there, they’ll see through her antics and behaviors. She needs all systems go, red lights flashing. Hopefully they’ll see that.”

by Abigail Kramer, THE CITY

They Were Wrongfully Convicted. Now They’re Denied Compensation Despite Michigan Law.

3 months 2 weeks ago

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After his murder conviction was overturned in 2020, Marvin Cotton Jr. checked into a Comfort Inn outside Detroit, ready to begin a new life after nearly two decades in prison.

Freedom, however, was frightening. Night after night, he awoke every 15 minutes or so, wrestling with the covers, wondering if he’d hallucinated it all. He kept the television on to remind himself he wasn’t in prison anymore. Its noise broke the first complete silence he’d experienced in half a lifetime, he said, which “scared the hell out of me.”

More than a month living at the hotel ate up his modest savings, Cotton said. His conviction still showed up in background searches, he said, so when he found a landlord willing to rent to him, he had to pay extra. Finding a job seemed impossible. To keep up with expenses, he took out high-interest loans.

But there was hope: Michigan offers $50,000 for each year a person is wrongfully imprisoned, thanks to the Wrongful Imprisonment Compensation Act, which took effect in 2017. For Cotton, it seemed to promise nearly a million dollars.

The conviction integrity unit in a prosecutor’s office had recommended Cotton’s release after finding that his trial was fundamentally unfair, marred by police misconduct that resulted in key evidence being withheld. His case represented a clear injustice, Cotton believed, and he quickly filed a claim in civil court, the first step in the WICA process.

That first year of freedom saw him celebrated in some quarters: The Detroit City Council gave him the Spirit of Detroit award, calling him a “wrongfully convicted hero,” and a state legislator issued a special tribute for his perseverance and dignity in the face of injustice.

But in court, rather than agreeing to Cotton’s compensation claim, the Michigan attorney general’s office exercised its right to challenge it. It urged the court to reject the claim because it did not fit neatly into the parameters set out by WICA.

“You fight for years to prove your wrongful conviction was actually wrong,” Cotton said. “And then immediately, when you step out, you pick up this new war, and you’re constantly trying to prove yourself again.”

As Cotton learned, WICA’s benefits are aimed at a narrow set of circumstances. Wrongfully convicted people qualify only if their cases are overturned based on “new evidence” showing that the person was not the perpetrator or an accomplice. And this new evidence must be “clear and convincing” — a higher standard of proof than for other civil claims. In practice, that can mean excluding cases undermined by suppressed or insufficient evidence, inadequate legal counsel, official misconduct, shifting science or other reasons why someone can be convicted of a crime they didn’t commit.

The first photograph taken of Cotton after being released from prison was of him and his daughter Jhai-Yon Jones, now 25.

Michigan has the fifth-most exonerations in the country, according to the National Registry of Exonerations: 169 wrongful convictions in state courts since 1989, with an average of nearly 11 years of incarceration. Passed with bipartisan support, WICA was intended as a lifeline for former prisoners who were wrongfully convicted and to account, in part, for the harm done to them.

Of the 103 people who filed claims between 2017 and late 2023, about 68% received compensation, according to Jeffrey S. Gutman, a clinical law professor at George Washington University who researches compensation statutes across the country.

Advocates and people who were wrongfully imprisoned have said that the money often makes a huge difference at an impossibly vulnerable time. Many are rebuilding with no family, no home, no job prospects, no driver’s license, no resources to navigate trauma.

But in many ways, WICA has fallen short of early expectations, causing conflict in the courts while creating further uncertainty for people in the aftermath of a grave injustice.

“I did not imagine how actually harmful this law was going to be,” said Marla Mitchell-Cichon, counsel to the Innocence Project at Thomas M. Cooley Law School, who was part of the long campaign to pass WICA.

Advocates have urged the Legislature to update and clarify the law. And when disputes over compensation have come before the state Supreme Court, two justices, in sometimes pointed language, have expressed frustration with WICA.

“I don’t like administering legal rules that I can’t explain to the people they impact,” wrote one of the justices in a concurring statement in a 2022 case in which a wrongfully imprisoned man was shut out entirely. “Please fix it, legislators.”

Citing another case in which compensation was denied, a state commission has also flagged the law for review.

But, under the leadership of both parties, the Legislature has yet to do so.

Rep. Bryan Posthumus, the Republican floor leader, said in a statement emailed to ProPublica that he believes the state should compensate wrongfully imprisoned people for their lost freedom. “While the legislature has not taken up a formal review of WICA,” he said, “it is important that continuing reviews take place to ensure that the program works as intended. Ultimately, a review of WICA will be up to the Speaker of the House.”

Speaker Joe Tate and Senate Majority Leader Winnie Brinks, both Democrats, did not respond to requests for comment. Sen. Stephanie Chang, a Democrat who worked to pass WICA and sits on the commission that recommended its review two years ago, told ProPublica in an email that she and Democratic Rep. Joey Andrews are going to partner on legislation to address gaps in WICA.

The Michigan attorney general’s office said it evaluates claims and challenges them when it doesn’t believe they meet the law’s criteria. At any point, the attorney general’s office can offer a settlement as a compromise: a portion of what the law seemed to promise.

The Legislature drew lines based on “clear and convincing new evidence of innocence,” said Robyn Frankel, an assistant attorney general who directs the office’s conviction integrity unit and head of the section responding to WICA claims.

“Sometimes, personally, we may not agree with it or like it,” she said. “But that’s our job: to just apply the statute.”

Cotton, left, and his childhood friend Myron “Scooby” Agee look toward the house where Cotton grew up. “I just want to make my life worth it. When I first got out, I felt behind. I felt like I was running from something and I really had to change my perspective,” said Cotton, who said he is working with a program to lower crime in the neighborhood. “I wanted to run for something positive.”

Dennis Tomasik knows there’s no getting back the lost years of his life.

In 2007, at age 43, he was sent to prison for sexual abuse of a minor. Tomasik had worked as a tool and die engineer at an automotive equipment supplier outside Grand Rapids, the sole breadwinner for his wife and two children. Without his wages, the family barely skirted financial disaster.

His wife, Kim, went to work, first stocking shelves and then running machinery for a company that builds buses. Neighbors pitched in, she said, quietly passing along enough cash to make a mortgage payment. Dennis’ old co-workers slipped gift cards in her hands. When the family could no longer afford the legal costs, his appellate lawyers, believing in Tomasik’s innocence, continued on pro bono, winning a reversal from the state Supreme Court. To pay the bond before the second trial, Kim Tomasik said, the family and two relatives leveraged their houses.

At Tomasik’s retrial, his new trial lawyers focused on unraveling the story told by his accuser, who made the allegations after being arrested for larceny and acknowledged that he hoped his claims would help him avoid jail. New testimony, counseling records, work schedules and receipts upended the prosecution’s case. The second jury acquitted Tomasik in less than 30 minutes.

Dennis Tomasik outside of his home near Grand Rapids

Tomasik had been incarcerated for about nine years — nearly a decade of lost wages and retirement savings, as well as missed opportunities to keep pace with advancing technology in his field. In 2017, he filed a WICA claim.

But state officials contested it, and the courts backed them up. That included the state Supreme Court, which, in reversing his conviction earlier, had cited evidentiary errors at trial rather than the newly uncovered evidence.

Chief Justice Bridget McCormack, in a concurring statement on the compensation case denial in 2020, noted, “Had he brought only the new-evidence questions to this Court, and not the other trial errors, he’d likely be eligible for WICA compensation.”

McCormack previously served as co-director of the Michigan Innocence Clinic at the University of Michigan. Her statement, joined by Justice Megan Cavanagh, questioned “whether this result is consistent with the Legislature’s intent” and urged lawmakers to consider whether it intended the statute to exclude people like Tomasik.

Now 60, Tomasik said he has nothing saved for retirement. He and his wife are on Medicaid, and he earns money by doing repair jobs on snowmobiles and dirt bikes. “I live at the lowest means I can possibly live on and survive,” he said.

Compensation wouldn’t make up for the terror he experienced in prison, Tomasik said, or for missing his children’s graduations, his son’s wedding and his mother’s deathbed. But, he said, “I’d love to get compensated at least something so I don’t got to worry about what I have to sell to pay my property taxes every year.”

Tomasik moves a lawn roller outside of his home. “I could be retired right now and not have to worry about anything,” said Tomasik, who worked at an automotive equipment supplier before being wrongfully convicted. “At my age, no one is going to hire me. I’ve tried. It just isn’t really promising anymore for the work I did.” First image: Tomasik’s cracked fingertips are damaged from the odd jobs he does at his home. Second image: Pencil-drawn height measurements are seen on a wall inside the Tomasik family’s kitchen. “The worst part is I didn’t get to see my kids grow up,” Tomasik said.

Across the country, despite broad acknowledgement that wrongfully convicted people are entitled to some financial help, there is no uniform standard for how governments should compensate them.

Thirty-eight states and the District of Columbia have compensation statutes for people who were wrongfully imprisoned, offering varying amounts of money with a range of qualifying criteria.

Wisconsin passed one of the earliest statutes, in 1913, but it has one of the stingiest policies, typically allowing claims of no more than $5,000 per year and no more than $25,000 in total, regardless of the number of years served. Conversely, Texas offers $80,000 for each year of wrongful imprisonment, plus additional compensation for any years spent on parole or registered as a sex offender. But the law also sets up impediments to filing federal lawsuits — legal efforts that can result in large judgments. (Other states have similar provisions that limit the ability to receive both statutory compensation and money from civil suits.)

Some states have severe restrictions, excluding people who pleaded guilty, for example, or those with previous felony convictions. In Missouri, only DNA-based exonerations are eligible.

In Michigan, Steven Bieda, WICA’s lead sponsor, hoped the Legislature could create one of the nation’s more supportive statutes.

But it was narrower than originally envisioned, with the strict “new evidence” requirement and a high standard of proof. Bieda, now a district judge, said WICA was a compromise with lawmakers who were concerned that claims would relitigate cases based on facts and evidence that had already been assessed by courts. Many worried that someone who was actually guilty would benefit from it. The requirements were meant to tailor the law to people with clearly exculpatory cases, he said.

The law, which took more than a decade to pass, was a “decent start,” but it’s “poorly written,” said Wolf Mueller, an attorney who said he’s represented at least 20 WICA claims.

“It’s leaving a lot of folks out who are wrongfully convicted, and they are not going to get compensation under the statute the way it’s written,” Mueller said.

A few years ago, the Michigan Legislature passed bills that extended WICA’s filing window for people exonerated before the law passed and exempted WICA claims from the standard notification deadlines and statute of limitations.

But it has never reviewed the substance of the law’s eligibility requirements. That leaves the courts to wrestle with how to apply them.

Tomasik, left, and his wife, Kim Tomasik

Two years ago, the Michigan Law Revision Commission, which advises the Legislature on potential defects and anachronisms in state law, called attention to the lack of clarity in WICA. Quoting from McCormack’s statement in Tomasik’s case in its annual report, it encouraged the Legislature to review WICA but didn’t recommend specific changes.

In 2022, Charles Perry, who’d been exonerated for sexual assault, was shut out entirely after he filed for compensation. Judges acknowledged that there was in fact new evidence of innocence: testimony from witnesses Perry’s lawyer never called in his criminal trial. But because the official basis of his overturned conviction was prosecutorial misconduct and ineffective counsel, not the new evidence, an appeals court said its hands were tied. The state Supreme Court declined to take his case. Perry got nothing.

In one of her last acts before retiring from the court, McCormack again exhorted the Legislature to take action.

In Tomasik’s case, ”I asked the Legislature to ‘consider whether it intended to exclude individuals such as the plaintiff—call them ‘new evidence plus-ers,’—from the WICA,” McCormack wrote in a concurring statement, again joined by Cavanagh. “Had it done so, Mr. Perry wouldn’t be here.”

The fact that Perry doesn’t qualify “because he suffered legal error in addition to the undiscovered evidence of his innocence is a rule of decision I would be hard pressed to justify," she wrote.

Her words meant something to Perry. “She literally put it on the record,” he said from his home in Florida. “She agreed with our case, but because of the way the law was structured, she had no alternative other than to rule against me, even though she felt in her heart that I was wronged.”

Had his claim gone through, Perry said, he would’ve saved the money for his two daughters. “They’re the ones that lost,” he said.

At the start of 2024, the Legislature still hasn’t acted, and yet another case is before Michigan’s Supreme Court — the fifth in six years. Besides Tomasik’s and Perry’s claims, there was a case that established that WICA won’t cover time spent in pretrial detention. Another found that “new evidence” need not be “newly discovered.” And in the pending case, lawyers are again arguing about what kind of evidence the law requires.

A recent analysis by Gutman found that 71 compensation claims in Michigan have been granted, 24 have been denied and eight are pending. Three people who were wrongfully imprisoned haven’t yet filed claims but are within the three-year window to do so. According to a recent report from the attorney general’s office, the state has paid out about $50 million through WICA as of late 2023.

For Gilbert Poole, money from the compensation fund was life-changing. In 2021, at age 56, he was freed from prison after serving nearly 32 years of a life sentence for murder. His conviction was overturned after his case was investigated by the Cooley Innocence Project and the attorney general’s conviction integrity unit.

Poole’s claim was approved within weeks of his filing, and he said he received the money — nearly $1.6 million — within six months. “Without anybody opposing me, it went through pretty quick,” he said.

That mattered because Poole was starting from scratch. He’d spent most of his life behind bars. He’d never used a cellphone. His parents had died. The only people he knew outside prison were lawyers and clergy who supported his case. But, Poole said, “you can’t really call them at 3 a.m. and say, ‘Hey, I can’t sleep,’ or ‘I’m having a panic attack,’ you know?”

Gilbert Poole in his home in Holt, Michigan. “I was in there longer than I was out here. A couple years of adulthood and then the rest in prison,” said Poole, who spent nearly 32 years wrongfully imprisoned. “When I came out, I had to learn everything.” Poole shares a self-portrait from his time in prison. He often used painting to imagine himself outside prison walls. “The best I can do is paint myself in there,” he said. “I couldn’t go there because I was in prison.”

Poole bought a house outside Lansing that he’s renovating himself. He built a pole barn for tinkering, maybe even a place to start his own business. He bought a GMC Acadia. He meets with a therapist. And he’s saving and investing as best he can, he said, in hopes of making up for decades of lost wages, retirement savings and Social Security.

Poole’s case moved unusually quickly. The time between the filing of a claim and the conclusion of their case ranges between one month and 52 months, according to a 2023 study by Gutman. The average is 16.7 months.

For people trying to rebuild their lives, every day counts.

“It’s just heartbreaking to know that it can be so difficult to get even the most basic necessities when you come home from a wrongful conviction,” said Kenneth Nixon, who spent nearly 16 years in prison for murder before his conviction was overturned in 2021. Less than a year after he filed his WICA claim, the court of claims ordered the state to pay him about $515,000 in compensation, less than he had sought.

Kenneth Nixon, who was wrongfully imprisoned for nearly 16 years, is renovating property he purchased in Detroit into an adult foster care home. First image: Nixon and his girlfriend, Chastity Youngblood, laugh while gathering signatures for Youngblood’s campaign for third circuit court judge. Second image: Nixon plays with his dog Karlie and her puppies that Nixon breeds at his home. “The space itself is very comfortable,” said Nixon, who purchased his home after being compensated for his wrongful imprisonment. “It’s peaceful.”

Today, Nixon is the president of the Organization of Exonerees, a nonprofit that helps fill the gaps for other wrongfully convicted people by providing everyday essentials like transportation, T-shirts and toothpaste.

Cotton’s compensation case, filed while he was still at the hotel, took three years.

In seeking to block his claim, the attorney general’s office argued that Cotton could not show that clear and convincing new evidence established his innocence of the crime, and that he wasn’t an accomplice or an accessory. It noted that he was at the scene, a house where drug dealing took place.

Last July, a court of claims judge sided with Cotton in rejecting the state’s argument. No physical evidence tied Cotton to the crime, the judge wrote, and witnesses had changed or disavowed their earlier testimony.

“The WICA does not require that a plaintiff show that he was innocent of all crimes; he only must show that he was innocent of the crimes actually charged or for which he was convicted,” wrote Judge Douglas Shapiro.

Before long, the state offered Cotton a settlement: about $630,000, Frankel said.

Addressing the state’s approach to settlements, Frankel said, “We’re trying to follow the statute, but we’re also trying to do the right thing.”

While Cotton felt he had a good case for the full amount, he said, more years fighting could “rip my life apart.” He agreed to the settlement.

Cotton, left, and his wife, Saquanda, discuss Christmas decorations inside their new home. “Even through all the chaos, it was peaceful and harmonious because we were together,” Saquanda Cotton said. “I just feel better knowing there’s a home.”

He puts a premium on stability. He has a home now in suburban Oakland County. He got married. His wife works as a banker, and he gets paid for speaking events about his experience. To bring in another stream of income, he published a book, “Better, Not Broken.”

Much of the compensation money, he said, will go toward the high-interest debt he racked up over the last three years. And all the money in the world won’t take away the fear that still wakes him up at night. He wonders, could it happen again? Will someone try to set him up?

Just in case, he said, he keeps “bags of receipts” that document his whereabouts. It might seem paranoid, he knows. But if he ever faces another accusation, one of those little pieces of paper just might prove his innocence.

From left: Anthony Legion, Eric Anderson, Marvin Cotton Jr., Ronnell Johnson and Alexandre Ansari listen as Organization of Exonerees President Kenneth Nixon introduces them during the group’s gala and fundraiser.
by Anna Clark, photography by Sarahbeth Maney

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Photography by Russel Albert Daniels, photo editing by Alex Bandoni and Jillian Kumagai for “A Scientist Said Her Research Could Help With Repatriation. Instead, It Destroyed Native Remains.” Illustration by Nolan Pelletier, art direction by Alex Bandoni and Lisa Larson-Walker for “How the Ultrawealthy Use Private Foundations to Bank Millions in Tax Deductions While Giving the Public Little in Return” Design and development by Ash Ngu and Nat Lash for “Las Vegas Needs to Save Water. It Won’t Find it in Lawns.”

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Photography by Russel Albert Daniels for “Waiting for Water: Tribes’ Fight for a Promised Resource” Illustration by Micha Huigen, art direction by Anna Donlan for “The EPA Has Found More Than a Dozen Contaminants in Drinking Water but Hasn’t Set Safety Limits on Them” Photography by Sylvia Jarrus, photo editing by Max Herman for “Could a Michigan School Shooting Have Been Prevented? Families Still Waiting for a Full Accounting of What Happened.” Photography by Kriston Jae Bethel, photo editing by Alex Bandoni for “Unstoppable: This Doctor Has Been Investigated at Every Level of Government. How Is He Still Practicing? Photo illustrations by Justin Metz, development by Lena Groeger, art direction by Andrea Wise for “The Inside Story of How the Navy Spent Billions on the ‘Little Crappy Ship’

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Illustrations by Matt Huynh, art direction by Max Herman and Lisa Larson-Walker for “Minnesota Lets Nurses Practice While Disciplinary Investigations Drag On. Patients Keep Getting Hurt.” Photo illustration by Peter DiCampo, photography by Tara Rice for “Maine Rarely Sanctions Residential Care Facilities Even After Severe Abuse or Neglect Incidents” Photography by Sebastián Hidalgo, photo editing by Max Herman for “Can Community Programs Help Slow the Rise in Violence?” Photography by Kitra Cahana, photo editing by Andrea Wise for “Here’s What Can Happen When Kids Age Out of Foster Care” Cinematography by Katie Campbell and Mayeta Clark for “Silver Dollar Road,” a feature documentary directed by Raoul Peck and co-produced with Velvet Film and Amazon Studios Illustration by Chantal Jahchan, art direction by Peter DiCampo for “A Lab Test That Experts Liken to a Witch Trial Is Helping Send Women to Prison for Murder” Design and development by Sergio Hernandez for “Supreme Risk” Interview by John Harwood, production and cinematography by Katie Campbell, Gerardo del Valle, Bruce Liffiton and Sean Healey for “The Biden Interview: The President Talks About the Supreme Court, Threats to Democracy and Trump’s Vow to Exact Retribution”

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Illustration by Klaus Kremmerz, art direction by Alex Bandoni and Lisa Larson-Walker for “The FCC Is Supposed to Protect the Environment. It Doesn’t.” Illustration by George Wylesol, art direction by Lisa Larson-Walker and Peter DiCampo for “How a Big Pharma Company Stalled a Potentially Lifesaving Vaccine in Pursuit of Bigger Profits” Illustrations by Nate Sweitzer, art direction by Alex Bandoni, Anna Donlan, Lisa Larson-Walker and Zisiga Mukulu for “We Don’t Talk About Leonard: The Man Behind the Right’s Supreme Court Supermajority” Photo illustration by Alex Bandoni for “Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel” News app design and development by Sergio Hernandez, Al Shaw, Jeff Frankl, Nat Lash and Alec Glassford, illustration by Nate Sweitzer, art direction by Lisa Larson-Walker for “Supreme Connections” Illustration by Simon Bailly, art direction by Peter DiCampo and Lisa Larson-Walker for “The U.S. Banned Farmers From Using a Brain-Harming Pesticide on Food. Why Has It Slowed a Global Ban?” Animation by Lisa Larson-Walker for “How Verified Accounts on X Thrive While Spreading Misinformation About the Israel-Hamas Conflict

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Illustrations by Nash Weerasekera, art direction by Alex Bandoni and Lisa Larson-Walker for “Arterial Motives” Illustration by Alvaro Bernis, art direction by Alex Bandoni for “The Hidden Fee Costing Doctors Millions Every Year” Animation by Lisa Larson-Walker for “How Cigna Saves Millions by Having Its Doctors Reject Claims Without Reading Them

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Illustrations by Laila Milevski, art direction by Lisa Larson-Walker for “What to Know About the Risks of Gas Stoves and Appliances” Art direction by Peter DiCampo and Anna Donlan, design and development by Anna Donlan for “Falling Apart

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Illustrations by Pia Guerra, art direction by Peter DiCampo and Anna Donlan for “Falling Apart” Photography by William DeShazer, photo editing by Peter DiCampo for “How Tennessee’s Justice System Allows Dangerous People to Keep Guns — With Deadly Outcomes” William DeShazer for ProPublica, Photo editing by Peter DiCampo “How Tennessee’s Justice System Allows Dangerous People to Keep Guns — With Deadly Outcomes” Illustration by Zeke Peña, art direction by Peter DiCampo for “Mississippi Says Poor Defendants Must Always Have a Lawyer. Few Courts Are Ready to Deliver.” Design and development by Jason Kao for “Bodycam Videos of Police Killings Remain Out of Public View

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Illustrations by Cuauhtémoc Wetzka, art direction by Alex Bandoni and Lisa Larson-Walker for “Dairy Workers on Wisconsin’s Small Farms Are Dying. Many of Those Deaths Are Never Investigated. ” Photo illustration by Lisa Larson-Walker, based on an original daguerreotype of an enslaved African named Renty, for “A Racist Harvard Scientist Commissioned Photos of Enslaved People. One Possible Descendant Wants to Reclaim Their Story.” Graphics and animation by Mauricio Rodríguez Pons, producing and reporting by Brandi Kellam, Lisa Riordan Seville, Christopher Tyree and Louis Hansen for “Uprooted

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Photography by Sebastián Hidalgo, photo editing by Alex Bandoni, design by Anna Donlan for “Death on a Dairy Farm

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Illustrations by James Lee Chiahan, art direction by Alex Bandoni, Lisa Larson-Walker and Anna Donlan, design and development by Jason Kao for “The Scandal that Never Happened” Photography by Adria Malcolm, photo editing by Peter DiCampo for “The Federal Government Accidentally Burned Down Their Houses, Then Made It Hard to Come Home” Photo illustration by Vanessa Saba, art direction by Peter DiCampo for “Committed to Jail: How Mississippi Jails People for Mental Illness” Design and development by Nat Lash and Al Shaw for "The 20 Farming Families Who Use More Water From the Colorado River Than Some Western States"

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Illustrations by Zeke Peña, art direction by Alex Bandoni and Lisa Larson-Walker for “‘Once You’re No Good to Them, They Get Rid of You’” Photography by Kathleen Flynn, photo editing by Peter DiCampo and Anna Donlan for “Seeding Hope” Illustrations by Dominic Bodden, art direction by Andrea Wise for “This Pharmacist Said Prisoners Wouldn’t Feel Pain During Lethal Injection. Then Some Shook and Gasped for Air.

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Photography by Rachel Woolf, photo editing by Peter DiCampo for “When Foster Parents Don’t Want to Give Back the Baby” Photography by Liz Moughon for “With Every Breath: Millions of Breathing Machines. One Dangerous Defect.” Illustrations by Clay Rodery, art direction by Lisa Larson-Walker for “How a Maine Businessman Made the AR-15 Into America’s Best-Selling Rifle” Photography by Taylor Glascock, photo editing by Alex Bandoni for “Years After Being Ticketed at School for a Theft She Said Never Happened, Former Student Prevails in Court” Visual Storytelling Department
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by ProPublica’s Visual Storytelling Department

The Most-Read ProPublica Stories of 2023

3 months 2 weeks ago

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ProPublica has been producing and delivering the news digitally for 15 years, and while it has never been easy, 2023 was particularly challenging. Audience attention continues to fragment. Many readers find the news depressing and distressing — particularly after the COVID-19 pandemic and the tumultuous political environment of the last few years — and some tune out entirely.

That said, ProPublica’s audience increased meaningfully in 2023, thanks to groundbreaking investigative stories across a variety of subjects and geographies. By the time the year ends, we will have published nearly 600 stories. Our work examining the Supreme Court and its ethical lapses attracted significant attention around the world, though many of our most-read pieces were produced by our regional offices around the country.

Below is the list of the 25 most-read stories published by ProPublica in 2023 as measured by the total amount of time spent reading them across several of our publishing platforms. We’ve also included a list of documentaries and podcasts that you may have missed.

1. Clarence Thomas Secretly Accepted Luxury Trips From GOP Donor By Joshua Kaplan, Justin Elliott and Alex Mierjeski

For more than 20 years, Supreme Court Justice Clarence Thomas has been treated to luxury vacations by billionaire Republican donor Harlan Crow. He’s been on cruises in far-flung locales on Crow’s yacht, has flown on the real estate magnate’s private jet, and has kept company with Crow’s powerful friends at Crow’s private resort. Until the publication of our story, the extent of Crow’s largesse had not been revealed.

2. The Ugly Truth Behind “We Buy Ugly Houses” By Anjeanette Damon, Byard Duncan and Mollie Simon

HomeVestors of America, the self-proclaimed “largest homebuyer in the U.S.,” trains its nearly 1,150 franchisees to zero in on homeowners’ desperation. Our investigation found HomeVestors franchisees that used deception and targeted the elderly, the infirm and those so close to poverty that they feared homelessness would be a consequence of selling.

3. UnitedHealthcare Tried to Deny Coverage to a Chronically Ill Patient. He Fought Back, Exposing the Insurer’s Inner Workings By David Armstrong, ProPublica; Patrick Rucker, The Capitol Forum; and Maya Miller, ProPublica

After college student Christopher McNaughton finally found a treatment that worked, the insurance giant decided it wouldn’t pay for the costly drugs, determining that the treatment “was not medically necessary.” His fight to get coverage wound up exposing the insurer’s hidden procedures for rejecting claims.

4. A Grad Student Found the Largest Known Slave Auction in the U.S. By Jennifer Berry Hawes; photography by Gavin McIntyre for ProPublica

Lauren Davila made a stunning discovery as a graduate student at the College of Charleston: an ad for a slave auction that was larger than any a historian had yet identified. The find yields a new understanding of the enormous harm of such a transaction.

5. Inside the Secretive World of Penile Enlargement By Ava Kofman; photography by Philip Cheung

An exploration of how a doctor’s two-decade quest to grow the penis is leaving some men desperate and disfigured.

6. The Columbia OB-GYN Who Sexually Assaulted Patients for More Than 20 Years By Bianca Fortis, ProPublica, and Laura Beil, photography by Hannah Whitaker for New York Magazine

For decades, patients warned Columbia University about the behavior of obstetrician Robert Hadden. One even called 911 and had him arrested. Columbia let him keep working anyway.

7. Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel By Brett Murphy and Alex Mierjeski

The fullest accounting of Thomas’ travel yet shows how the Supreme Court justice has secretly reaped the benefits of a network of wealthy and well-connected patrons that is far more extensive than previously understood.

8. Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them By Hannah Dreyfus

A judge concluded the children were victims of parental alienation, a theory that continues to influence family courts despite being rejected by mainstream scientific groups, and authorized police to use “reasonable force” to remove them from their mother.

9. Clarence Thomas Had a Child in Private School. Harlan Crow Paid the Tuition. By Joshua Kaplan, Justin Elliott and Alex Mierjeski

Republican megadonor Harlan Crow paid for private school for a relative of Supreme Court Justice Clarence Thomas, whom Thomas said he was raising “as a son.”

10. Big Insurance Met Its Match When It Turned Down a Top Trial Lawyer’s Request for Cancer Treatment By T. Christian Miller

Blue Cross and Blue Shield denied payment for the proton therapy Robert “Skeeter” Salim’s doctor ordered to fight his throat cancer. But he was no ordinary patient. He was a celebrated litigator. And he was ready to fight.

11. Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court By Justin Elliott, Joshua Kaplan and Alex Mierjeski

In the years after the undisclosed trip to Alaska on a private jet, Republican megadonor Paul Singer’s hedge fund has repeatedly had business before the Supreme Court. Alito has never recused himself.

12. Why It’s So Hard to Sue Doctors for Sexual Assault in Utah By Jessica Miller, The Salt Lake Tribune

When dozens of women sued their OB-GYN for sexual assault, a judge said the case falls under Utah’s medical malpractice law. This story was part of a partnership through our Local Reporting Network.

13. How the Navy Spent Billions on Failed Littoral Combat Ship Program By Joaquin Sapien

Littoral combat ships were supposed to launch the Navy into the future. Instead they broke down across the globe, and many of their weapons never worked. Now the Navy is scrapping them. One is less than five years old. How did the program fail to live up to its promise?

14. Billionaire Harlan Crow Bought Property From Clarence Thomas. The Justice Didn’t Disclose the Deal. By Justin Elliott, Joshua Kaplan and Alex Mierjeski

The transaction was the first known instance of money flowing from Crow to the Supreme Court justice. The sale netted the GOP megadonor two vacant lots and the house where Thomas’ mother was living.

15. Facing a Life-Threatening Pregnancy Under Tennessee’s Abortion Ban By Kavitha Surana, photography by Stacy Kranitz, special to ProPublica

Mayron Michelle Hollis stood to lose her bladder, her uterus and her life. She was desperate to end her high-risk pregnancy. Two doctors agreed that abortion was the best path forward, but doctors in Tennessee feared prosecution after the fall of Roe v. Wade.

16. Behind the Scenes of a Deal With a “We Buy Ugly Houses” Franchise By Anjeanette Damon

Royanne McNair believed she had canceled her contract with a “We Buy Ugly Houses” franchise, so she pursued another offer on her house — this one for $100,000 more. Then an anonymous envelope froze the deal.

17. How Liberty HealthShare Left Thousands With Debt as It Built a Family Empire By Ryan Gabrielson and J. David McSwane, graphics by Kolin Pope

Despite a history of fraud, one family has thrived in the regulatory no man’s land of health care sharing ministries, where insurance commissioners can’t investigate, federal agencies turn a blind eye and prosecutors reach paltry settlements.

18. Clarence Thomas’ Private Complaints About Money Sparked Fears He Would Resign By Justin Elliott, Joshua Kaplan, Alex Mierjeski and Brett Murphy

Interviews and newly unearthed documents reveal that Supreme Court Justice Clarence Thomas, facing financial strain, privately pushed for a higher salary and to allow Supreme Court justices to take speaking fees.

19. Clarence Thomas Secretly Participated in Koch Network Donor Events By Joshua Kaplan, Justin Elliott and Alex Mierjeski

Supreme Court Justice Clarence Thomas has attended at least two Koch donor summits, putting him in the extraordinary position of having helped a political network that has brought multiple cases before the Supreme Court.

20. How Cigna Saves Millions by Having Its Doctors Reject Claims Without Reading Them By Patrick Rucker, The Capitol Forum, and Maya Miller and David Armstrong, ProPublica

Internal documents and former company executives reveal how Cigna doctors reject patients’ claims without opening their files. “We literally click and submit,” one former company doctor said.

21. What Happened to Jefferson Rodríguez By Melissa Sanchez and Maryam Jameel

When an 8-year-old Nicaraguan boy was run over on a Wisconsin dairy farm, authorities blamed his father and closed the case. Meanwhile, the community of immigrant workers knows a completely different story.

22. Two Women Died on an Alaska Mayor’s Property. No One Has Ever Been Charged. By Kyle Hopkins, Anchorage Daily News

Before they died, Jennifer Kirk and Sue Sue Norton were both victims of domestic violence, but the men involved — the ex-mayor’s sons — faced few consequences despite a long history of similar allegations. This story was part of a partnership through our Local Reporting Network.

23. How One Chicago Cop Got Out of 44 Traffic Tickets By Jodi S. Cohen, ProPublica, and Jennifer Smith Richards, Chicago Tribune

Chicago police officer Jeffrey Kriv used the same alibi to contest dozens of traffic tickets over the years. A deeper look at his career sheds light on Chicago’s troubled history of police accountability. This story was part of a partnership through our Local Reporting Network.

24. This Pennsylvania Doctor Has Been Investigated at Every Level. How Is He Still Practicing? By Annie Waldman

Medical boards, a health department and even federal investigators have scrutinized Dr. James McGuckin’s vascular clinics. Today he still practices, despite a decadelong string of sanctions, fines and lawsuits.

25. People Who Used Recalled Philips Breathing Machines Face Painful Choices By Margaret Fleming, Monica Sager, Nicole Tan, Susanti Sarkar, Evan Robinson-Johnson and Claire Gardner, Medill Investigative Lab; photography by Liz Moughon, ProPublica

The devices at their bedsides were lifelines, until they learned the foam inside could break down and make them sick. Now, they’re plagued by illness, lost sleep and worry.

Documentaries You May Have Missed

1. Inside the Uvalde Response Co-published with FRONTLINE and the Texas Tribune

The May 2022 gun massacre at Robb Elementary School in Uvalde, Texas, left 19 children and two teachers dead. It was one of the deadliest school shootings in U.S. history. More than a year and a half later, findings from a state-led investigation into the chaotic response — in which officers took more than an hour to take down the shooter — have yet to be released. Most of the officers involved in the response have declined to talk publicly about what happened that day. But FRONTLINE, The Texas Tribune and ProPublica gained access to a trove of the materials from the Uvalde investigation and were able to review the accounts of almost 150 responding officers, as well as hours of body camera footage and 911 call recordings.

2. The Night Doctrine: The Truth About Afghanistan’s Zero Unit Night Raids

“The Night Doctrine,” ProPublica’s first animated documentary, traces the story of Lynzy Billing, a young British journalist of Afghan-Pakistani origin, who returns to Afghanistan to find out who killed her family 30 years earlier, only to stumble upon a secretive U.S.-backed program killing hundreds of civilians.

The documentary, presented in partnership with The New Yorker, is a companion piece to Billing’s reporting in “The Night Raids,” a gripping and powerful investigation published in 2022. The film is directed by ProPublica’s Mauricio Rodríguez Pons and Almudena Toral and animated by Rodríguez Pons. Billing is a producer of the film, which is scored by Afghan composer Milad Yousufi.

3. The Human Toll of Philips’ Massive CPAP Recall: With Every Breath

“With Every Breath,” a documentary from ProPublica and the Pittsburgh Post-Gazette, is an intimate glimpse into what happens when people learn that a Philips Respironics CPAP machine may be causing harm.

The film braids together the stories of three people, who face the unanswerable question of how their health has been impacted, and a sleep doctor who leads her patients through the chaotic recall. The film humanizes a public health crisis that has affected millions and whose full scope may not be known for years, if ever.

This 20-minute film is directed by Liz Moughon and produced by Almudena Toral. It accompanies the investigative series also called “With Every Breath,” published by ProPublica in partnership with the Post-Gazette.

4. Uprooted: What a Black Community Lost When a Virginia University Grew

This short documentary reveals a Black community’s decadeslong battle to hold onto their land as officials in Newport News, Virginia, used eminent domain to establish and expand Christopher Newport University.

“Uprooted” is directed by Brandi Kellam, who grew up in the area and has spent more than two years investigating this story. She reported the story with Louis Hansen of the Virginia Center for Investigative Reporting at WHRO. It is produced by ProPublica’s Lisa Riordan Seville, with cinematography, editing and post-production by VCIJ’s Christopher Tyree and graphics by ProPublica’s Mauricio Rodríguez Pons. The work was part of a series from ProPublica’s Local Reporting Network.

5. America’s Dangerous Trucks Co-published with FRONTLINE

An average of about 5,000 people a year are killed in crashes involving large trucks, a death toll that has soared by almost 50% since 2011, according to the most recent federal data. Tens of thousands more have been injured.

“America’s Dangerous Trucks,” a joint investigation from FRONTLINE and ProPublica, examines one particularly gruesome kind of truck accident — underride crashes — and why they keep happening. Underride crashes occur when a car slides beneath the trailer of a big truck. Trucks can also crush pedestrians, motorcyclists and bicyclists. Hundreds of people die in such accidents every year.

There is a simple solution for reducing these deaths and injuries: build barriers that hang from the sides of the trucks to help prevent vehicles and people from slipping underneath. In the face of opposition from the industry, the federal government has failed for decades to take simple steps to limit the danger.

Podcasts You May Have Missed

1. We Don’t Talk About Leonard by Andrea Bernstein, Andy Kroll and Ilya Marritz This podcast series withWNYC’s “On The Media” explores the web of money, influence and power behind the conservative takeover of America’s courts — and the man at the center of it all: Leonard Leo.

2. The Kids of Rutherford County Co-produced with Serial Productions, the New York Times and Nashville Public Radio When a video surfaced of an after-school scuffle, 11 Black children were arrested. Their crime: not stepping in to stop a fight. The arrests set off a firestorm of controversy — and an investigation into the juvenile justice practices in one Tennessee county.

Reporters Meribah Knight with Nashville Public Radio and Ken Armstrong with ProPublica obtained years’ worth of personnel files, state inspection reports, emails, depositions and other records, and reports from all 98 juvenile courts in the state.

They discovered that for more than a decade, Rutherford County had arrested and illegally jailed hundreds of children. And behind those decisions was a powerful judge, Donna Scott Davenport, who went unchecked by higher authorities in Tennessee. The work was part of a series from ProPublica’s Local Reporting Network.

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by ProPublica

Philips Recalled Breathing Machines in 2021. Chemicals of “Concern” Found in Replacement Machines Raised New Alarm.

3 months 3 weeks ago

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On the morning of June 14, 2021, Dr. Radhika Breaden hurried to a computer in her hushed sleep disorders clinic and tried not to panic.

The 52-year-old physician treated patients with heart conditions, cancer and neurological diseases. She cared for veterans with compromised lungs and a woman with Down syndrome. In more than a dozen years of helping people breathe through the night, she had never confronted an emergency that jeopardized nearly all of her patients at once.

Global device maker Philips Respironics was pulling its popular sleep apnea machines and ventilators off the shelves after discovering that an industrial foam built into the devices to reduce noise could release toxic particles and fumes into the masks worn by patients.

Breaden scoured the internet for details, certain that Philips had a plan to quickly ship new, safe machines to the thousands of people under her care at the Portland, Oregon, clinic. “It’s a multibillion-dollar, multinational company,” she recalled telling her staff.

But as Philips publicly pledged to send out replacements, supervisors inside the company’s headquarters near Pittsburgh were quietly racing to manage a new crisis that threatened the massive recall and posed risks to patients all over again.

Tests by independent laboratories retained by Philips had found that a different foam used by the company — material fitted inside the millions of replacement machines — was also emitting dangerous chemicals, including formaldehyde, a known carcinogen.

Though Philips has said the machines are safe, ProPublica and the Pittsburgh Post-Gazette obtained test results and other internal records that reveal for the first time how scientists working for the company grew increasingly alarmed and how infighting broke out as the new threat reached the highest levels of the Pittsburgh operation.

The findings also underscore an unchecked pattern of corporate secrecy that began long before Philips decided to use the new foam.

The company had previously failed to disclose complaints about the original foam in its profitable breathing machines, a polyester-based polyurethane material that was found to degrade in heat and humidity. Former patients and others have described hundreds of deaths and thousands of cases of cancer in government reports.

After the introduction of the new foam in 2021, this one made of silicone, the company again held back details about the problem from the public even as it sent out replacement machines with the new material to customers around the world.

One of the devices was the DreamStation 2, a newly released continuous positive airway pressure, or CPAP, machine promoted as one of the company’s primary replacements.

A Philips Respironics manufacturing facility near Pittsburgh (Benjamin B. Braun/Pittsburgh Post-Gazette)

Federal regulators were alerted to the concern more than two years ago but said in a news release at the time that the company was carrying out additional tests on the foam and that patients should keep using their replacements until more details were available. The Food and Drug Administration has not provided new information on the test results since then, and it is still unclear whether the material is safe.

That leaves millions of people in the United States alone caught in the middle, including those with sleep apnea, which causes breathing to stop and start through the night and can lead to heart attacks, strokes and sudden death.

Philips “let me down all this time and now they’re just doing it again,” said 56-year-old retired nuclear engineer Richard Callender, who recently started using one of the replacement devices in his home near Pittsburgh.

Public health experts interviewed by ProPublica and the Post-Gazette said it’s critical that patients using the machines are told about the potential risks.

“It’s a question of providing the facts,” said Dr. Robert Steinbrook, director of the health research group at the nonprofit Public Citizen and an adjunct professor at the Yale School of Medicine. “The assumption is the new machines and the refitted ones are OK, that the foam issue has been 100% resolved. That’s not the case.”

The new foam isn’t the only problem: An internal investigation at Philips launched in the months after the recall found that water was condensing in the circuitry of the DreamStation 2, creating a new series of safety risks.

“Loss of therapy, thermal events, and shock hazards,” the investigation concluded.

The FDA issued an alert about overheating last month, warning that the devices could produce “fire, smoke, burns, and other signs of overheating” and advising patients to keep the machines away from carpet, fabric and “other flammable materials.”

Philips has said that customers could continue using the devices if they followed safety instructions.

In response to concerns about the silicone foam, the company said the material was tested against safety limits recognized by the FDA and the World Health Organization and did not emit chemicals at unsafe levels. Philips said formaldehyde, found in common household items, only becomes a risk at high exposure.

“The repaired and new replacement devices with the silicone sound abatement foam are safe,” and findings that conclude otherwise are “inaccurate,” the company said in a statement.

Philips said additional test results were submitted last year to the FDA, but the agency has not yet provided a response.

In a statement, the FDA said more tests are needed on the foam before determining if the devices pose “risks to patients.”

Experts who reviewed the test results for the news organizations said the findings revealed troubling markers, including the presence of formaldehyde at levels that exceed safety thresholds established by multiple organizations. Thresholds vary, they said, and those cited by Philips allow for far higher formaldehyde levels than others.

Safety thresholds also do not take into account patients who are already suffering from chronic illnesses and breathing from devices that emit fumes directly into the lungs.

The experts said that one of the most vexing concerns is that formaldehyde — linked to respiratory problems and certain cancers — showed up in multiple tests and at varying levels, at times low and at others higher.

“Who knows what a patient could be exposed to?” said an engineer familiar with the testing who still works in the industry and did not want to be identified for fear of reprisals. “If you had grenades and you’re not sure where they’re going to go off, that’s a problem.”

After questions from ProPublica and the Post-Gazette — and more than two years after the problem surfaced — the company put out a more detailed explanation about the issue late last week.

Documents related to the company’s testing have been turned over to the Department of Justice, which launched an investigation of the recall last year, according to sources familiar with the probe.

Philips has said that it is cooperating with investigators and that the company initially did not believe that complaints dating back more than a decade about the recalled machines needed to be reported. The company said it took action as soon as it learned of the significance of the problem.

Dr. Radhika Breaden, a sleep medicine doctor in Portland, Oregon, said most of her 20,000 patients were using Philips machines when the company announced a recall in 2021. (Liz Moughon/ProPublica)

Breaden, the Portland physician, said she had no idea that new problems have emerged and now worries that doctors and patients have been once again left to fend for themselves.

“There’s just a lot of things that we’re all being kept in the dark about,” she said.

“Compounds of Concern”

The trouble with the replacement machines surfaced shortly after the June 2021 recall, which sent the company’s stock prices tumbling and led to hundreds of lawsuits by Philips customers.

An FDA inspection of the firm’s manufacturing plant near Pittsburgh turned up a surprise discovery: a copy of a test that an independent lab conducted on a CPAP machine with the new foam showing results that the agency had not previously seen, public records show.

An inspector later noted in a report that the machine failed emissions testing because it produced “compounds of concern” with carcinogenic properties and that pediatric patients who use the machines could be especially vulnerable.

At the time, the FDA said it carried out a “benefit-risk assessment” and decided that until more information became available, not using the devices at all “may be more harmful to a patient’s health.”

One of the chemicals that turned up in the testing was formaldehyde, which also showed up on a second set of test results from another lab in August, records and interviews show.

That fall, the company opened an internal investigation after receiving complaints about the DreamStation 2. Engineers evaluated 97 devices and found that about 1 in 5 showed evidence of moisture and that nine had experienced “thermal events,” according to the company’s report.

Though the investigation concluded the problem could cause the machines to stop working or shock patients while in use, Philips deemed the risk “acceptable” and said “containment activities” were unnecessary, the records show.

In the months that followed, Philips forged ahead. With pressure mounting to meet the needs of customers, the company promised that everyone affected by the recall would get a replacement machine or a repaired one within a year.

At the time, hospitals and medical practices were waiting on the devices. So was the Department of Veterans Affairs, where an urgent alert in late 2021 warned that the supply of CPAPs was “critically low.”

“Warehouses are currently out,” the agency said in an internal email. “Level red.”

The wait forced some sleep apnea patients to place a dangerous bet. In suburban Pittsburgh, Callender continued to use his recalled CPAP for months. He said he couldn’t get a new one from Philips even though he had a double lung transplant in 2015 and a kidney transplant in 2021.

“I told them I was in dire need,” said Callender, a former mayor of Lower Burrell, Pennsylvania, who eventually started using an old machine that he had stashed in a bedroom closet. “Never heard back from Philips.”

Callender said he had no idea he was waiting on a machine that was fitted with a foam still under review by federal regulators.

Richard Callender, who underwent a double lung transplant and a kidney transplant, waited months for a replacement machine. (Benjamin B. Braun/Pittsburgh Post-Gazette)

“They failed me on so many levels,” said Callender, who received a replacement machine from Philips several weeks ago.

In the spring of 2022, as Philips continued to ship out replacements filled with the new foam, the company had a series of meetings with the FDA to discuss the ongoing testing.

Jeff Shuren, the agency’s chief regulator of medical devices, was directly involved, writing to Philips in May about test results that the company had promised but not yet delivered to the agency, according to emails obtained through a public records lawsuit filed against the FDA by ProPublica and the Post-Gazette.

“This is especially important,” Shuren emailed the company.

The records do not make clear what transpired in those meetings, but more than a year later, the FDA has continued to advise patients that the agency will provide information on the testing when it becomes available.

While the FDA was meeting with Philips, tensions flared among the company’s scientists and managers responsible for handling the crisis, interviews and internal communications show.

Philips “didn’t believe the results,” said the engineer familiar with the testing. “The Philips folks gnashed their teeth at it and they went to test more devices.”

ProPublica and the Post-Gazette obtained communications sent by a scientist at Philips who was alarmed about test results showing formaldehyde over the “threshold for safe exposure.” “FDA has the data. Are they just waiting for the final report from Philips? How is this sustainable?”

Though the chemical tends to quickly dissipate, experts say that even brief exposure at high levels can pose serious risk to patients who are already vulnerable, including infants, the elderly and others with chronic illnesses.

In June 2022, then-Philips biological safety engineer Adam Majka sent an email to several colleagues, writing, “We need to start finalizing reports where we have acceptable results and we do not expect further changes.”

One of the recipients was Denver Faulk, a senior safety engineer at Philips who was charged with helping to lead the company’s response, according to interviews and emails.

That same month, Philips put out an update saying that draft test reports on the foam had “not identified any safety issues.”

Around that time, Faulk sent an internal message about a safety threshold for formaldehyde proposed by Philips to one of the independent labs brought on by the company.

Toxicologists can assess the level of cancer risk against different thresholds used by scientists, governments and others; the same device can pass one test but fail another depending on the threshold. In his message, Faulk said the lab had accepted the benchmark proposed by Philips.

“Great news. … They are updating all of their reports accordingly,” Faulk wrote. “A big win for the team!”

In its statement, Philips said it proposed a limit used by the World Health Organization to provide a “harmonized” threshold at the company’s testing labs.

That threshold allows for far higher formaldehyde emissions than benchmarks used by other organizations, including the Environmental Protection Agency.

Neither Faulk nor Majka responded to requests for comment.

Pleas for Help

As lawmakers call on federal investigators to hold Philips accountable, Connecticut Attorney General William Tong said he wants the FDA, not the company, to oversee the testing.

“People are suffering,” said Tong, who, along with Sen. Richard Blumenthal, D-Conn., wrote to the agency last year urging aggressive enforcement against Philips. “We don’t know enough about what’s happening with the silicone to make a judgment about it and so we’re still very concerned.”

Patients say they have received little or no information about the issue. Hundreds have reported other concerns to the government, including the delivery of refurbished devices that were missing parts or had foul odors.

“Completely unusable,” one customer wrote last year. “It emitted an extremely … nauseating smell. I was so sick I got up and did not sleep the rest of the night.”

Others described long waits for their replacements. Hundreds of thousands of people were still waiting on their machines in April, nearly two years after the recall, according to the company’s website.

“I wanted to go there and throw the machine right through the window,” said David Campano, 71, a former steelworker who continued to use his recalled CPAP for months while he waited on a replacement from the sprawling Philips factory only miles from his home near Pittsburgh.

Campano, a former steelworker, said he was frustrated by the recall and the response from Philips. (Benjamin B. Braun/Pittsburgh Post-Gazette)

In the suburbs of Atlanta, retired elementary school teacher Debra Miller emailed Philips last year after endless rounds of automated responses as she tried to figure out when she would get a new machine.

A few days later, she said, a package arrived at her home containing the motor of a new machine, but no electrical cord, explanation or instructions for use.

“Dumped in a box,” said Miller, 70, who taught for 30 years. “I literally got … half of an old machine.”

Miller said she had no idea that the machine she was waiting on came with its own risks.

Debra Miller, a retired schoolteacher, said the replacement machine that she received from Philips was missing an electrical cord and instructions. (Liz Moughon/ProPublica)

Philips said the recall required the company to reach millions of patients and was complicated by supply chain challenges. In some cases, CPAP motors were delivered without other parts to “enable the easiest and most familiar replacement option,” the company said, adding that the replacement plan for sleep apnea machines is nearly complete in the United States.

In the early days of the recall, Breaden and her team at the sleep clinic in Portland were focused only on getting new machines to the thousands of patients who used them night after night.

Just beyond a waiting room with a framed message, “Healthy people get their sleep,” Breaden said she now worries about an entirely new set of problems.

Breaden, the sleep doctor in Portland, said she is still trying to provide answers for her patients. (Liz Moughon/ProPublica)

After learning about the test results on the new foam from ProPublica and the Post-Gazette, the sleep medicine doctor who had been personally using a DreamStation 2 said she needs more information from the company and the government.

“I’m prescribing air. It’s wonderful to prescribe something that has no side effects and can help with your sleep,” she said. “It’s sad not to be able to say that anymore.”

Michael Korsh of the Pittsburgh Post-Gazette and Nicole Tan, Bridgette Adu-Wadier and Susanti Sarkar of the Medill Investigative Lab contributed reporting.

by Debbie Cenziper, ProPublica; Michael D. Sallah and Evan Robinson-Johnson, Pittsburgh Post-Gazette; and Margaret Fleming, Medill Investigative Lab

When Alabama Police Kill, Surviving Family Can Fight Years to See Bodycam Footage. There’s No Guarantee They Will.

3 months 3 weeks ago

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It was early morning on July 8, 2018, when Joseph Pettaway’s family was told by a neighbor that he had been badly injured by a police dog overnight and taken to the hospital.

He’d been rehabbing a home a block away from where he lived with his mother. His sister, Nancy, set off to see what had happened at the blighted house on the outskirts of Montgomery, Alabama.

She came upon a grisly scene. Blood was pooled on the pavement, and police officers were hosing it down. The front door was open, and Nancy Pettaway peeked at the hallway inside. “I seen blood, like they had dragged him,” she said. “One of the police told me to get back, and I said I ain’t going nowhere, cause that’s my brother, that’s my brother’s blood, and you gotta tell me what’s going on.”

But the Montgomery police refused to give her any information and later that day confirmed to the news media only that a suspected burglar had died on the scene.

A relative who worked as a paramedic told the family he had been called to the scene that night and found officers standing over Pettaway’s body, hands cuffed behind his back. Four days after the killing, staff from the medical examiner finally confirmed it was Pettaway who was killed, listing the cause as “accidental.” They told the family someone from the police department would come by soon to talk to them. No one ever did.

“We tried to get more detail and kept asking why the dog had to kill him,” said Walter Pettaway, Joseph’s brother. “And they wasn’t giving us no information. They wasn’t talking to us.”

It was a telling sign of the wall of silence the Pettaway family says they faced in the coming years.

Five months after the killing, the officers involved were cleared of any criminal wrongdoing. But it would take two years for the family to see for themselves the horror of what had really happened that night, and come to a starkly different conclusion about the officers’ culpability. The police who were there when Pettaway was killed wore body cameras that recorded what happened, but Montgomery’s department repeatedly refused to show the footage to the Pettaways, saying the video was “confidential,” and under Alabama law, the family had no right to access the video.

“They weren’t giving us nothing, cause they didn’t care,” Nancy Pettaway told ProPublica.

Over at the state capital, Juandalynn Givan, a Birmingham attorney and lawmaker in the Alabama House of Representatives, was as frustrated as Nancy Pettaway because the body-camera footage from a recent police shooting in her area was also being withheld.

“Why should any family have to wait two weeks, three weeks, four weeks, five weeks, a month, a year to know why someone was shot or killed?” she said in an interview.

Alabama state Rep. Juandalynn Givan has proposed legislation to provide for the release of police bodycam video. “If you didn’t do anything, if you didn’t make a misstep, there shouldn’t be an issue. Don’t make it an issue,” she said. (Alyssa Pointer for ProPublica)

The killings at the hands of Alabama police set off parallel yearslong efforts by Givan and the Pettaway family to pry loose body-camera video of fatal police encounters. Five years later, those efforts have had little success. The state has created a process for families to file official requests to see the footage, but there is no guarantee they, or the public, will ever get to view it.

Showing the public what happens in police encounters was the original purpose of body cameras, introduced in the wake of the 2014 police killing of Michael Brown, an 18-year-old Black man, in Ferguson, Missouri. They were the centerpiece of reforms pushed by then-President Barack Obama at the national level, as well as by elected leaders and law enforcement across the country, including in Alabama. Video from the perspective of police, it was hoped, would expose bad officers, inspire reforms in police practices and serve as a restraint against inappropriate escalations to deadly violence.

But as a series of ProPublica stories this year has shown, nearly a decade after Brown’s death, the cameras have failed to live up to that promise. More often than not, police are able to keep footage of the most violent police encounters out of public view.

In places like Alabama, that secrecy runs deepest. Alabama is among a handful of states where decisions by policymakers and judges have reduced access to body-camera footage so much that even families of the deceased are regularly barred from seeing what happened to their loved ones. To access the video, families must first navigate a maze of bureaucracy, often by petitioning a court or filing a lawsuit. And when they are successful, they often cannot share the footage with the public.

A week after Pettaway’s death, his family finally got to see his body, as they prepared for his funeral. They took pictures of the gruesome wounds the dog had left on his groin and thigh. They still had no satisfactory explanation from police about why the 53-year-old Black man was killed, and they decided it was time to find a lawyer to get answers.

His death was being investigated by both the Montgomery Police Department and the Alabama Law Enforcement Agency, which often assists local police in examining officer-involved deaths. They interviewed witnesses and officers and reviewed the body-camera footage and other evidence. But by the end of 2018, even after a grand jury decided not to indict the officers, neither agency would share any evidence, including the body-camera footage, with the Pettaways.

The Pettaways filed a lawsuit a month later accusing the city of Montgomery, the chief of police and 15 unnamed officers of violating Pettaway’s constitutional rights. The city and the state law enforcement agency continued to refuse to share their investigative files with his family.

Four months after Pettaway’s death, police in the town of Hoover, just outside Birmingham, shot and killed Emantic “EJ” Bradford Jr., a 21-year-old Black man, at a crowded shopping mall.

Someone had opened fire and injured two people in the rush of holiday shopping. Officers saw Bradford with a gun, shot him in the back and killed him. Police officials initially said Bradford was the shooter but later changed their story. It turned out Bradford, on leave from military duty, had pulled out his licensed gun and was trying to stop what he probably thought was a mass shooting.

As police had in Montgomery, department officials in Hoover refused to allow anyone to see the footage from the officers’ body-worn cameras.

Bradford’s killing drew national attention and ignited weeks of protests calling for the release of the video. “We will have the tape made public,” the Rev. Jesse Jackson said at Bradford’s funeral. “We want transparency, not cover-up. Tell the whole story; tell it now.”

April Pipkins shows a photograph of her son, Emantic “EJ” Bradford Jr., who was killed by police in Hoover, Alabama, near Birmingham. (AP Photo/Jay Reeves, File)

Givan, the state lawmaker, was herself a frequent shopper at that mall and imagined what it was like for Bradford’s family to be kept in the dark.

As in the Pettaway case, police involved in the Bradford shooting were also cleared of criminal wrongdoing without any public viewing of the crucial body-camera video. The Bradford family, the NAACP and the American Civil Liberties Union jointly called for the footage to be released. Authorities refused, claiming it was a confidential investigative record, and said releasing it could jeopardize the safety of the officers involved and was not in the public’s interest.

To Givan, Birmingham authorities were inviting needless criticism by not sharing the video with the public, just as police in Montgomery had done after the Pettaway killing. If the police officers who killed Bradford really made an honest mistake, a heat-of-the-moment decision, the video would show that to the public.

“There was just a lot of speculation as to what happened, and I was like, why don’t they just release the freaking bodycam?” she told ProPublica. “If you didn’t do anything, if you didn’t make a misstep, there shouldn’t be an issue. Don’t make it an issue.”

In the state House, Givan, a Democrat, introduced a bill that would, for the first time, codify the right of families to see the video even before an investigation is concluded and allow police departments to release footage to the public.

The Alabama Legislature was controlled by Republicans, so Givan needed the support of a powerful Republican, Allen Treadaway, chair of the Committee on Public Safety and Homeland Security and a former police officer. Givan and Treadaway were longtime friends: While he had served as assistant police chief in Birmingham, Givan had also worked for the city. But Treadaway soon got calls from police chiefs, sheriffs and district attorneys across the state asking him to stop the legislation.

“The major concern was not to jeopardize ongoing investigations,” Treadaway said. “The bill was really too loosely written in the early stages. … Law enforcement didn’t really want to touch it.” Amid the barrage of criticism from police lobbyists, Treadaway didn’t even bring Givan’s bill up for discussion.

The city of Montgomery and the Montgomery Police Department declined to comment for this story, saying they could not speak because of ongoing litigation.

By the fall of 2020, nearly two years had passed since authorities ended their investigation of the Pettaway case. Yet the family — a tight-knit group that included Pettaway’s mother, Lizzie, and his 11 siblings — still had not seen any of the body-camera footage. Then, in late August, the state law enforcement agency agreed to hand it over, under the condition that the family not show it to others.

The Pettaway family gathered at their attorney’s office to see what police had fought so long to hide. Some, like Joseph’s mother and his brother Walter, decided they could not handle the trauma and waited outside. Others, including sisters Nancy and Yvonne, sat in the office and made themselves watch, stomachs churning at what they saw as the officers’ callous disregard for their younger brother’s life.

“I see it in my head every night. I hear him begging for his life,” Nancy Pettaway told ProPublica.

From left, Walter Pettaway, Yvonne Frazier, Annie Pettaway, James Pettaway, Jacqueline Pettaway and Nancy Pettaway, family members of Joseph Pettaway, gather for a portrait. (Alyssa Pointer for ProPublica)

The family says the video, along with depositions from police officers and witnesses, buttresses a case that the department’s canine handler not only used unnecessary force that caused grave injury, but also that the officers, with appalling casualness, did nothing to help save Pettaway’s life in the aftermath of the attack.

According to the video and witness statements gathered by the family as part of their civil suit against the police, early on the morning of July 8, 2018, police had received a 911 call from Gary Dickson, one of the men hired along with Pettaway to work on the dilapidated house. The day before, Dickson, Pettaway and their boss, James Jones, had fitted a new window in the back bedroom. They had a barbeque in the backyard that evening, and by 11 p.m. everyone had left. The men planned to put in hardwood flooring the next day.

Dickson returned later that night to sleep in the house, as the workers sometimes did. Dickson did not know that Pettaway was also planning to return, he said in a deposition. Pettaway knocked on the front door and didn’t get an answer, so he climbed into the house from the back window he had helped install earlier in the day. In the darkened home, Dickson saw someone in the back bedroom he could not identify and left to call police.

At least half a dozen officers showed up around 3 a.m. Dickson called Jones, who told police when he arrived that there was not much valuable in the house. But police decided to summon the department’s K-9 handler Nicholas Barber to deploy a dog to search the house. Until then, police had made no effort to communicate with whoever was inside the house, according to officers’ depositions.

Barber, a white man and a former soldier who had joined the police department five years earlier, had deployed the dog nearly 10 times in the seven months he had been working as its handler. In a deposition, Barber said his dog had never bitten a person under his supervision before and acknowledged that having a dog get its first bite was a rite of passage for the animal and its handler.

Department policy required the consent of the homeowner for police to send a dog into a residence, and for officers to give three loud warnings to anyone inside before doing so. According to a transcript of the body-camera video entered into the court record, Barber stood in front of the door and said something in quick, slurred words that was unintelligible to those around him. Less than one second later, he unleashed the dog into the house.

Pettaway’s family says he had a deep fear of dogs and insists that if he had been given proper warning, he would have come out. “He wouldn't have stayed in that house and let that dog bite him like that,” Yvonne Pettaway said.

But Barber, according to the transcript, followed the dog into the home as it searched for Pettaway, shouting “voran,” a German-language command telling a dog to apprehend a suspect. In seconds, the dog found Pettaway cowering under a bed.

“It was like he [Barber] was determined to find him in that house,” Yvonne Pettaway recalled from the body-camera video she watched. “The dog started chewing him, and I heard him holler, ‘Please get the dog out my stomach.’” Barber, she said, “just let him continue to bite him, didn’t try to pull him off or nothing.”

“The dog was just moving its head and he was just standing there, eating my brother up,” Nancy Pettaway said. “I don’t like to talk about it cause it make me wanna cry. And he said, ‘Please, please get the dog off me.’ He was still standing there, letting that dog kill my brother.”

For two minutes, according to the transcript, the police dog was allowed to tear into Pettaway under the bed. Barber repeatedly shouted “yaya” and “good boy,” praising the dog. To end the frenzied attack, he was forced to choke the dog until it passed out. With Pettaway still on the floor, Barber took the dog back to his police car outside. A minute later, he told another officer in front of the house that Pettaway “is not very happy right now.”

Six minutes after the dog attack began, police decided they should bring Pettaway outside. The transcript of the tape shows that Barber asked the other officers to wait so he could go and take a photo of the scene first. Inside, according to the transcript, Barber snapped a photo of an unconscious Pettaway with his cellphone and said “awesome” to himself.

Outside, according to the court record, another officer asked Barber about what happened:

“Policeman: ‘Did ya’ get a bite?’

“Barber: ‘Sure did, heh, heh (chuckling).’

“Policeman: ‘Are you serious?’

“Barber: ‘Fuck yeah.’”

According to court documents, police officers then went inside and dragged Pettaway through the home to lay him face down on the sidewalk outside. They turned him over and handcuffed him, and then five officers stood over his body, their flashlights illuminating the blood pouring out of the wounds on his upper legs, soaking his clothes and pooling onto the ground.

“Policeman: ‘He’s good.’

“Barber: ‘Well I mean “good” is a relative term. Let’s get that clear. He’s breathing.’”

Under department policy, officers were not allowed to render first aid, even though it was clear Pettaway’s bleeding needed to be stopped. “They didn’t care,” Nancy Pettaway said. “They were standing around and joking the whole time my brother laid there dying.”

Nearly five minutes later, a paramedic arrived and made the first attempt by anyone on the scene to offer medical aid. But it was too late.

The home in Montgomery, Alabama, where Joseph Pettaway was killed has since been damaged in a fire and torn down. (Umar Farooq/ProPublica)

For many of Pettaway’s siblings, the police officers’ behavior captured on the video is reminiscent of how authorities in Alabama and other states used police dogs to attack Black civil rights activists. “What they did to him put me in the mind of the stuff they did back in the day when they put them dogs on people,” Yvonne Pettaway said. “They still do the same thing to black people they did back in the day, the system hasn't changed.”

The Pettaway family says if police had been called out to a white neighborhood, they doubt a dog would have been used to search a home in the first place. “They would have gone in there and walked him out,” Walter said.

Montgomery police never took disciplinary action against Barber or the other officers involved. In July 2020, he resigned from the department and joined the department in nearby Tallassee, Alabama. According to Barber’s deposition, his resignation stemmed from an unrelated disciplinary issue: The department accused him of improperly using police databases to stalk the boyfriend of an ex-girlfriend, then arresting the boyfriend during a trumped-up traffic stop.

Barber did not respond to messages left at two publicly listed phone numbers, and his attorneys did not respond to questions sent via email.

The Montgomery Police Department headquarters (Alyssa Pointer for ProPublica)

That summer, Givan watched as enraged people took to the streets across the country over the killing of George Floyd by police in Minneapolis, which was captured on video by an onlooker. In Birmingham, protesters marched through the city center and tried to pull down a Confederate monument. The city declared a state of emergency and put a curfew in place.

It was clear to Givan that police in Alabama needed to be more transparent. In Madison, a suburb of Huntsville, residents protested when police blocked the release of video that showed officers shooting and killing Dana Fletcher, a Black man who was also attacked by a police dog in a Planet Fitness parking lot. In Huntsville, an officer was on trial for the murder of Jeff Parker, a suicidal white man killed in his home after a 911 call, sparking demonstrations. Neither the public nor the City Council — which was paying the officer’s legal bills — was allowed to see video. The officer was convicted of murder, but an appeals court ordered a retrial, and in October the officer pleaded guilty to manslaughter.

If authorities showed the public what had happened, Givan remembered thinking, cities might avoid the unrest that followed. “This is not rocket science,” Givan said. “I’m sitting there saying, ‘All y’all had to do was release the footage. Then the city now doesn’t have to pay $10 million to restore downtown. All y’all had to do was be transparent.’”

In Birmingham, Givan organized workshops to teach young people and police how to keep routine interactions like traffic stops from escalating.

And in the state House, she approached Treadaway again to see how her bill on body-camera video transparency could be made more agreeable to critics. They consulted with the attorney general, the Alabama Sheriffs Association, the Alabama State Fraternal Order of Police and the Alabama District Attorneys Association. But there was still no support for the bill as long as it offered a path for media and the public to obtain footage.

Many state lawmakers were also opposed to allowing the public to see video. Alabama’s Legislature included serving police officers on crucial committees like Judiciary and Public Safety. Among these lawmakers was Shane Stringer, who had killed a person while on duty just outside Mobile in 2018, according to the Mobile County Sheriff's Office. Stringer, who didn’t respond to interview requests from ProPublica, pushed for a series of pro-police bills, including one that made it easier to redact the names of officers involved in controversial incidents from public records. He was also the lead sponsor of a law that this year made Alabama one of the only states where anyone over the age of 19 can carry a gun without a license.

“You actually had a bill passed that opens up the wild wild west, that puts guns in the hands of people,” Givan said. “But yet you don’t want to pass legislation that allows for transparency.”

Givan’s bill failed in committee in 2021.

The debate however, hit a turning point in January 2023. The brutal killing of Tyre Nichols by Memphis police in neighboring Tennessee finally ignited support in Alabama for allowing some access to police body-camera footage. Authorities in Memphis showed the family the video of his beating by officers, and the district attorney quickly took action to charge the officers with a crime.

National news media positioned reporters to cover what many thought would be violent protests once the body-camera video was released. There were protests in Memphis and other cities, but they were largely peaceful, something Givan and Treadaway credit to the transparency Memphis showed in the weeks after Nichols was killed.

Even Treadaway, despite his previous reluctance, saw the need for it in cases like that of Nichols. “It was shocking,” Treadaway said in an interview, “to see that type of treatment of a citizen. … It was very disturbing and shocking that that would happen. I’ve never seen that in my career in the city of Birmingham.” The way authorities handled the release of the video, Treadaway told ProPublica, was a model for what could happen in Alabama the next time such an incident occurred.

But when Alabama lawmakers finally approved a watered-down version of Givan’s bill this June, it left the police in control of body-camera footage. Families of victims can make a formal request to see video of an incident, but they can be denied without any detailed explanation. There was no provision to allow the news media or the public to see the footage.

The shortcomings of the new law have been showcased in a number of recent cases since its passage.

In July, for example, Jawan Dallas, a 36-year-old Black man, was stopped by officers in Mobile, Alabama, who were seeking a burglary suspect. Police said Dallas was shocked with a stun gun when he resisted and died from a “medical emergency.” His family, which was allowed to see the video only after a grand jury cleared the officers of criminal wrongdoing, said in a press conference this November that Dallas was cooperative in the video. The officers pinned him to the ground, they said, and shocked him more than a dozen times. As he struggled for his life, Dallas can be heard saying, “I cannot breathe, help me,” and “I don’t want to be George Floyd.”

Like the Pettaways, Dallas’ family, which has sued the Mobile Police Department, is barred from showing the video of his death to the public. The case has prompted one lawmaker, state Sen. Merika Coleman, to introduce a new bill that would make video from body cameras or dashboard cameras a public record and lay out a procedure for the media and the public to request access to it — the same kind of reforms that Givan’s bills failed to make. The Mobile Police Department did not respond to a request for comment.

The changes to state law have done little for Pettaway’s family members, who have been fighting since 2020 to make the footage of his death public. They have pictures of Joseph and his mother adorning everything from T-shirts to coffee mugs. “Gone but not forgotten,” one T-shirt says, with a photo of Pettaway taken at a Christmas barbecue their mother hosted in happier times.

“The defendants and the city would prefer that their blatantly egregious, inhumane violation of Mr. Pettaway’s rights remain unseen and unknown and unexposed to public scrutiny,” the family’s attorney said in a petition to the court as part of their lawsuit against Barber and the city.

The city of Montgomery, which continues to provide Barber’s legal defense, has argued successfully that releasing the video would prejudice any future jury. And if released, the city told the court, the “the graphic images presented in the recording could lead to civil unrest.”

ProPublica’s request for the body-camera footage of the events surrounding Pettaway’s death was rejected in September by the city of Montgomery, which said the video is not a public record under Alabama law and therefore “not subject to disclosure under the Alabama Open Records Act.”

Givan said authorities in Alabama have failed to understand that withholding the footage fomented the public outrage they are trying to prevent. “The unrest comes because you deny, you deny, you deny, and then the general public begins to suspect you,” she said. “The longer you wait, the more the public distrusts you.”

Givan at her office in Birmingham, Alabama

In December 2022, a judge refused a request from a coalition of news outlets to release the video of Pettaway’s killing. The trial against Barber and the city was supposed to begin within months, the court said, and the public could see the footage of Pettaway’s death then. A year later, though, that trial has yet to begin, and the Pettaways must wait for a higher court to rule on whether Barber can be tried at all.

While he understands the court’s concern about the potential for public unrest, Pettaway’s brother Walter says it cannot outweigh the need to show what happened, and the small measure of justice making the video public might bring to the family. Pettaway’s mother, Lizzie, died earlier this year, and the family says the grief of knowing what happened to her son was a heavy burden on her last years.

Walter Pettaway is one of Joseph Pettaway’s 11 siblings. (Alyssa Pointer for ProPublica)

“I can understand what the judge is saying, but at the same time, it happened, and there ain’t no police officer or nothin’ came by and said nothing to mom before she left,” Walter Pettaway said. “That’s the hurting part, too. It hurts.”

by Umar Farooq

Reports Analyzing the Police Response to a Mass Shooting Can Leave Unanswered Questions — if They’re Released at All

3 months 3 weeks ago

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This article is produced in collaboration with The Texas Tribune and the PBS series FRONTLINE. Sign up for newsletters from The Texas Tribune and from FRONTLINE.

During an October conference to prepare law enforcement for dealing with an active shooter, Nevada State Police department Lt. Jacob Fisher played body camera footage that showed what he believed was a key misstep during the country’s deadliest mass shooting.

The footage from the 2017 massacre at the Mandalay Bay Resort and Casino showed a veteran Las Vegas Metropolitan Police officer and his trainee waiting on the floor below the shooter instead of confronting him as he spewed gunfire into the crowd of concertgoers outside. Six years later, Fisher told the room full of law enforcement officers and firefighters at the conference in Grapevine, Texas, that he had trained the veteran officer and felt like he had failed.

Sixty people died, including Fisher’s best friend, and more than 850 others were injured.

“I failed, and because of that I had to carry my best friend’s casket nine days later,” Fisher said. “I failed his kids. I failed his wife. I failed that organization because, for whatever reason, I couldn’t break through and find a way to convey a message to that cop to where he would run 800 yards toward active gunfire.”

While stressing the importance of training and leadership, Fisher made a stunning admission. He said he sends his children to school with bulletproof backpacks and tourniquet kits because he doesn’t trust that law enforcement officers would save them in the event of a mass shooting.

“Why do I as a parent have to arm my children at the ages of 8 and 10 and teach them those things?” said Fisher, who spoke with a reporter at the conference but could not later be reached for comment. “Because the cops in my jurisdiction, I don’t trust to go save them.”

The Nevada Supreme Court ordered the release of the video Fisher played six months after the October 2017 massacre, siding with news organizations who had sued the Las Vegas police department to make the records public. The veteran officer was fired after its release but was later reinstated, according to what the union president told newsrooms at the time.

The concerns that Fisher raised about the officer’s inaction were not mentioned in the after-action report, nor was the fact that the officer was fired for his behavior that day. The nearly 200-page accounting of the police response simply stated that 10 minutes after two officers arrived on the hotel floor below the shooter, they moved to the same level as his locked room, where they waited in the stairwell. They then remained there because their radios didn’t work and they were “unsure of what was taking place,” the report stated.

ProPublica, The Texas Tribune and FRONTLINE found that active shooter training varies widely across the country and that law enforcement officers make similar mistakes in mass shooting after mass shooting. Yet those failures are not always clearly identified in reports dissecting the incidents, adding to the difficulty of learning from past missteps.

Communities often rely on after-action reviews of mass shootings for a comprehensive and independent assessment of what happened. In the Las Vegas case, the body camera footage allowed the public to see what the report did not address, but the failure to release records, video and other evidence after mass shootings can leave many in the dark even when these analyses are issued.

Despite the U.S. facing more than 120 mass shootings in the past two-and-a-half decades, ProPublica, the Tribune and FRONTLINE found that there is no agreed-upon national standard for who conducts after-action assessments of law enforcement’s response, what they should examine or whether the resulting findings should be released.

Reports were never publicly issued in many cases, such as the 2018 shooting in Santa Fe, Texas, that resulted in the deaths of 10 people and the 2019 El Paso, Texas, shooting in which 23 died. And when they were made public, there was wide variability in what they contained. The news organizations analyzed more than three dozen publicly available after-action reports, finding that some excluded key details about officers’ actions or failed to fully explore other missteps, including individual delays in engaging the shooter.

Some reviews have “really important chunks that are missing,” said Louis Klarevas, a mass shooting expert and research professor at Columbia University’s Teachers College who argues that more records should be made public. “That raises a red flag.”

“Why did they focus on just this one aspect, or these two aspects? And what about everything else?” he added.

While the after-action reviews often focused on identifying broader issues, such as breakdowns in communication, incident command and multi-agency coordination, the newsrooms found that some did not evaluate whether significant delays in confronting shooters were justified.

In 2009, officers in Binghamton, New York, responded within three minutes to calls of an active shooter at the American Civic Association, a nonprofit that provides immigration services. Not hearing gunfire, officers waited 40 minutes for specialized teams to arrive and enter the building. They found the shooter had killed himself, according to an after-action report conducted by the county. The review of law enforcement’s actions during the shooting, in which 13 people died, called the police response “timely.”

In 2018, police in Thousand Oaks, California, initially approached the restaurant where the gunman shot patrons but retreated after he fired at them. Law enforcement did not reenter for more than 40 minutes, and ultimately did so only after SWAT arrived. A dozen people died in the shooting, including a responding officer who was accidentally struck by bullets from another police officer’s gun. The after-action report, conducted by the sheriff’s department, mentioned the delay but did not draw a conclusion about whether it was justified, stating, “While a request for the SWAT team was appropriate, the question of a second entry by patrol, prior to SWAT’s arrival, remains.”

In another case in 2016, a shooter unleashed hundreds of rounds of gunfire into a crowd at the Pulse Nightclub in Orlando, Florida, while the first officer on scene waited outside for backup. Officers then attempted to negotiate with the shooter after he barricaded himself in a bathroom despite 911 calls indicating hostages had been shot. It took three hours to take him down. An after-action report determined that law enforcement had followed best practices and agency protocol, but stated that those policies and training needed to be reexamined.

Authors of the Las Vegas and Binghamton reports did not respond to the newsrooms’ questions. Neither did the officer Fisher mentioned or the union that represented him.

The Ventura County Sheriff’s Office, which conducted the after-action review of the shooting in Thousand Oaks, said its report was “an accurate and transparent assessment of what went right, and what could be improved upon.”

Jim Burch, president of the National Policing Institute, a nonprofit that conducted several such reviews, including the one for the Pulse Nightclub shooting, said after-action reports are intended to identify areas of improvement and should not be viewed as the final arbiter of officers’ individual decisions.

Burch said because the reviewers are not conducting a criminal or disciplinary investigation, they must balance transparently describing what went wrong against avoiding assigning individual blame.

He and other experts who conduct such reviews told the newsrooms that their work often unfolds concurrently with litigation, criminal investigations, and internal disciplinary reviews. As a result, they can face limitations that include key personnel declining to speak and an unwillingness or inability, legal or otherwise, to share records. In other cases, the scope of the review may be restricted to a specific aspect of the shooting, such as the medical response, or confined to the role of the agency that requested the report, even if multiple departments responded.

“Some places just aren’t friendly to these things,” Burch said. “Some jurisdictions just don’t buy in. Some leadership doesn’t buy in. So, look, that’s just something we have to work around.”

That’s what happened after the 2021 shooting at Oxford High School in Michigan. A nearly 600-page after-action report delivered about two years after the shooting largely condemned a slew of missteps and missed opportunities by school leaders. The report, however, did not reach a conclusion about a critical action by an armed school employee because reviewers could not interview her. The monitor opened the door to the boys’ bathroom where the gunman had cornered two students during his shooting spree, but she did not enter. After she left, the shooter killed one of the students, according to the report. The other, Keegan Gregory, escaped.

The monitor’s reasons for leaving “are unclear and confusing and she is the only one who could provide the clarity that the community desires,” the report found. Without her cooperation, the report said, “we have only her repeated statements that she does not know why she did what she did. Unfortunately, we cannot provide any further insight.”

The employee and the report authors did not respond to a request for comment from the news organizations.

Chad Gregory, Keegan’s father, is frustrated that the report did not provide all of the answers parents were seeking because of a lack of participation from school personnel.

Gregory said that, ideally, there would be a national organization or agency in charge of setting standards for how police respond to mass shootings and how schools should conduct lockdown drills, as well as ensuring that communities receive needed services. After a shooting, such an agency could also put pressure on departments that were involved to ensure accountability and corrective action. Otherwise, Gregory said, the burden falls on parents and survivors who are trying to cope with “war-level” trauma to continue demanding resources and accountability.

“There is no authority. There is no dedicated resources,” Gregory said. “It’s everyone fend for themselves and figure it out.”

If law enforcement wants to maintain the trust of the communities they serve, officials need to be transparent about what transpired, said AJ DeAndrea, one of the SWAT team members who responded to the 1999 Columbine High School shooting.

An after-action report should be “critical about what happened in a way that we can learn from it,” DeAndrea said.

“That is the purpose of an after-action review, to say, ‘This is what we did good. More importantly, this is what we did bad,’” he added.

We reviewed dozens of reports that were issued since the Columbine High School shooting. Of those, only the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, and the 2022 massacre at Robb Elementary School in Uvalde, Texas, explicitly condemned officers’ inaction to stop a shooter. In both cases, state lawmakers had called for the reviews.

In the Parkland case, a commission established by legislators, which included several Florida police leaders, issued a report that pointed to various missteps by law enforcement, including that the first officer on the scene never entered the building and told others who arrived later to stay away from the school. The report concluded that the officer, Scot Peterson, “failed to act consistently with his training and fled to a position of personal safety” while the shooter killed students and staff.

Several officers were fired after the shooting and Peterson was prosecuted for neglect of a child, culpable negligence and perjury. A jury found him not guilty of the charges in June of this year. Mark Eiglarsh, an attorney who represented Peterson, said the ruling proved that neither the accusations in the report nor the charges were justified. The Florida sheriff who led the commission that produced the report declined an interview with the news organizations.

A report on the Uvalde shooting that was released in July 2022 by a bipartisan committee appointed by Texas House Speaker Dade Phelan concluded that law enforcement at all levels had failed in their response. Nineteen children and two teachers died that May.

Before the report was issued, the only public review of what occurred was a limited assessment published more than a month after the shooting by Texas State University’s Advanced Law Enforcement Rapid Response Training Center. The analysis, which was conducted at the request of the Texas Department of Public Safety, was intended to identify gaps in officers’ training. But the report was criticized by some who believed it reinforced the narrative put forth by DPS that local law enforcement was largely to blame, despite hundreds of local, state and federal officers descending upon the scene. Pete Blair, ALERRT’s executive director, declined to comment on the report. He has previously defended it as reflective of the information that was available at the time.

The 77-page report by the speaker-appointed committee was released almost two weeks later. It offered what was at the time the most complete account of the failed response, although it did not publish any of the raw materials that the committee had obtained.

The committee also faced limitations. Most state and local officers complied with the committee’s interview requests, but it was unable to directly speak with more than 180 federal officers who responded, instead relying on comments they were seen making on other officers’ body camera footage and interviews they provided to DPS investigators, said state Rep. Joe Moody, the only Democrat on the committee. Lawmakers also did not have access to medical examiners’ reports for the victims, making it difficult to definitively determine how many might have survived if there had been a faster response.

Jesse Rizo, an uncle to 9-year-old Jackie Cazares, who died that day, said the state committee’s report was a good first step. But since then, he and other families have been waiting for a final review from state investigators; it has yet to be released 19 months after the shooting. A federal review by the Justice Department is also pending.

ProPublica and the Tribune are part of a coalition of news organizations that have sued DPS for records related to the shooting. A state district judge ruled in the news organizations’ favor this month, but DPS is appealing.

Rizo said some families have relied on media reports to fill in the gaps left by officials.

Since the House committee’s report was released, news organizations, including ProPublica and the Tribune, have revealed multiple missteps in the response and published video and audio that had not been released as part of any previous reports. In an investigation published this month, ProPublica, the Tribune and FRONTLINE showed that while the children in Uvalde followed their training when confronted with a mass shooter, many officers did not. Among multiple flaws in the law enforcement response, many officers said that they did not initially realize there were students in the classrooms because they were so silent. The children were following their training.

The lack of transparency regarding law enforcement’s failings, Rizo said, has some families questioning their faith in the democratic process.

“You ask the questions and you think, ‘Man, I pay taxes, I should be getting these answers,’” Rizo said. “And what do you get? Nothing.”

“You begin to acknowledge, to begin to, I guess, accept the fact that those answers may never come,” he said.

Anna Clark contributed reporting.

by Lexi Churchill and Lomi Kriel

DTE Energy Facing Oversight of “Hardship-Inducing” Debt Collection Practices

3 months 3 weeks ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Outlier Media. Sign up for Dispatches to get stories like this one as soon as they are published.

DTE Energy, Michigan’s largest utility, will be required to publicly disclose information about how often it sells struggling customers’ old debt to third-party collectors following revelations that it does so far more often than other utilities in the region.

The Michigan Public Service Commission this month ordered DTE to start reporting information about debt sales every year. The utility, however, fended off an effort to end the practice altogether, according to commission documents.

In response to the decision, Chris Lamphear, DTE’s head of corporate communications, said in an email, “We will share information with the Commission on the timetable they request, though we have no plans for a sale at this time.”

A 2022 investigation by Outlier Media and ProPublica detailed how DTE sold customer debt from closed accounts for pennies on the dollar over a period of nine years. Jefferson Capital Systems, a company that bought the debt, has sued Detroiters, garnished paychecks and income tax returns and put liens on homes. The last time DTE sold debt, Outlier and ProPublica found, was 2017.

The company’s debt sale practices were unusual, our investigation found. We surveyed the 11 other investor-owned electric utilities that each serve at least 400,000 customers in the Great Lakes states of Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. All of them, including Consumers Energy, Michigan’s second-largest utility company, said they do not sell debt. Five of the utilities also said they do not directly sue their customers over debt. The ones that do said they do so only on rare occasions.

Commissionstaff then explored the issue while weighing a rate increase request from DTE, which provides power for Detroit and southeast Michigan. A brief submitted by commission staff in the rate case said the debt sales resulted in “hardship-inducing collection tactics” affecting the utility’s most financially vulnerable customers and suggested that DTE stop selling uncollectible accounts.

The staff was also concerned that DTE’s debt sales allowed for “double recovery.” In other words, according to the staff, some debt is recovered by the third party that buys it even as the utility factors uncollected debt into its calculations for rate increases affecting all customers.

DTE disputed that debt sales would allow for a double recovery, and an administrative law judge involved in the case only acted on one part of the staff request: the need for DTE to regularly report on any third-party debt collection.

The commission made the final decision and will now require annual reports from DTE on debt sales for the previous five years detailing the number of accounts sold to a third party for collection, the amount of debt associated with those accounts and how much money the company made from the sales.

Commission officials declined to comment. Spokesperson Matt Helms said by email the commission was “letting the order speak for it.”

Jackson Koeppel, the founder of an environmental justice organization called Soulardarity, which often testifies in DTE rate cases that go before the commission, said the reports are a “good start.” But Koeppel wants to see commissioners go further.

“The commission needs to put a nail in the coffin of this cruel practice,” he said. “We also need to talk about what is going to be done to help these people who are still dealing with the effects of the debt that has already been sold,” he said.

Jefferson Capital has not commented on its arrangement with DTE or its collection tactics despite numerous attempts by reporters to contact a spokesperson.

Iris Foster-Ray, a Detroit resident still struggling to pay off debt DTE sold to Jefferson Capital in 2017, is hoping no one else will have to go through the stressful, costly process she experienced.

Iris Foster-Ray is still struggling to pay off debt DTE sold to Jefferson Capital in 2017. (Nick Hagen for ProPublica)

Over the years, she has had her paychecks garnished. She said that she now has a payment plan where she owes Jefferson Capital $150 a month and that her income tax refund was garnished two years ago. There is a lien on her house as well.

“DTE shouldn’t have sold the account,” said Foster-Ray, who failed to pay her utility bill during a time when her family was dealing with high medical bills. “If you are behind on any utilities, there should be help because you need heat, and you need water to live.”

Stephanie Johnson testified in a 2022 DTE rate case about how Jefferson Capital came after her for about $5,000 in old debt she built up years ago when she fell behind on one of the utility’s shut-off protection payment plans. Jefferson Capital sued her during the height of the COVID-19 pandemic. The case was finally closed in October, according to court records.

“I am so grateful that I was able to lend my voice to this and share my experience and that it had an effect on DTE not selling people’s debt going forward,” Johnson said.

Most months, tens of thousands of DTE customers can’t afford their bills and have their electric accounts shut off by the company.

Some of those accounts remain closed and are written off by DTE as uncollectible debt. The utility disconnected 162,128 electric accounts for nonpayment through the end of September this year, the last month for which data collected by the MPSC is available. That number is about 30,000 less than for the same period last year.

“We perform significant outreach every day to connect our at-risk customers to financial aid and prevent an interruption of service, which is a last resort we always strive to avoid,” Lamphear said.

by Sarah Alvarez, Outlier Media