Joe Courtney

Mr. COURTNEY

Mr. COURTNEY. Madam Speaker, I rise today to mark the passing of a great citizen and member of the community in eastern Connecticut. Raymond E. Dobratz, Jr. of Old Saybrook, a beloved son and brother, devoted husband and grandfather, died tragically while working on the site of the Kleen Energy Plant in Middletown on February 7, 2010. Ray was a masterful tradesman and a 40-year member of the United Association of Plumbers and Pipefitters Local 777 who spent his life giving back to the people around him. He served his country with honor in the Army National Guard and also served a member of the Old Saybrook Police for 13 years. He had an incredible sense of what it meant to be a citizen and he spent his life putting that into practice. Ray's love for his wife, 3 sons, and 5 grandchildren is what really defined him. Two of Ray's sons grew up shadowing their father as a pipefitter. They admired him greatly and were thrilled when they got to spend time with him on the football field. Ray co-founded the Old Saybrook Youth Football Athletic League as a coach in the 1980s and it still exists today. He loved sports and often played football, soccer, and baseball with his friends and family when he had the time. He was a fixture in the community and will be deeply missed. Ray had a seemingly endless amount of energy to give to his country, town and family. He was a model citizen and family man. I ask my colleagues to join me in mourning the loss of Raymond E. Dobratz, Jr.

Mr. COURTNEY

Mr. COURTNEY. I don't think it's too much to say that we should not allow these types of practices which, in some instances, result in, as the chairman said, actual deaths and traumatic lifelong injuries, to be countenanced by the American taxpayer. This measure establishes minimum standards. It establishes transparency. It gives us as a country the opportunity to allow States to take leadership in terms of implementing their own rules and regulations. But it says as a Nation we are not going to tolerate this type of behavior, of which schools themselves are mandated reporters. If it was happening in a child's home, and as a teacher became aware of it, they would be required by law to report it to child protection agencies as a result of Federal law. We can do at least as much for the school environment which children go to every day in this country. I urge a strong, powerful bipartisan vote in support of this legislation so that we can raise our children to a new level as they go to school every day.

Mr. COURTNEY. First of all, I want to thank the chairman of the Education and Labor Committee, Mr. Miller, for his leadership on this legislation. The hearing which was held at the Education and Labor Committee was one of the most stunning, amazing, eye-opening events, I think, of this Congress. The bipartisanship which came together after that hearing to craft this legislation, again, I think is a testament to your leadership and the bipartisanship that you have created on that committee. Mr. Speaker, back in 1998, The Hartford Courant won a Pulitzer Prize for a four-part investigation of seclusion and restraint all across the country. The name of the series was ``A Nationwide Pattern of Death,'' which I'd like to offer a copy of for the Record, and which, again, in chapter and verse, laid out the shocking, uneven application of this type of force against America's schoolchildren. In Connecticut, it actually resulted in action in terms of legislation which was put into place. Many of the minimum standards which are included in the legislation we're voting on today were incorporated into that measure. But, clearly, as a Nation, we have much more work to be done. [From the Hartford Courant, Oct. 11, 1998] A Nationwide Pattern of Death (By Eric Weiss) Roshelle Clayborne pleaded for her life. Slammed face-down on the floor, Clayborne's arms were yanked across her chest, her wrists gripped from behind by a mental health aide. I can't breathe, the 16-year-old gasped. Her last words were ignored. A syringe delivered 50 milligrams of Thorazine into her body and, with eight staffers watching, Clayborne became, suddenly, still. Blood trickled from the corner of her mouth as she lost control of her bodily functions. Her limp body was rolled into a blanket and dumped in an 8-by-10-foot room used to seclude dangerous patients at the Laurel Ridge Residential Treatment Center in San Antonio, Texas. The door clicked behind her. No one watched her die. But Roshelle Clayborne is not alone. Across the country, hundreds of patients have died after being restrained in psychiatric and mental retardation facilities, many of them in strikingly similar circumstances, a Courant investigation has found. Those who died were disproportionately young. They entered our health care system as troubled children. They left in coffins. All of them died at the hands of those who are supposed to protect, in places intended to give sanctuary. If Roshelle Clayborne's death last summer was not an isolated incident, neither were the recent deaths of Connecticut's Andrew McClain or Robert Rollins. A 50-state survey by The Courant, the first of its kind ever conducted, has confirmed 142 deaths during or shortly after restraint or seclusion in the past decade. The survey focused on mental health and mental retardation facilities and group homes nationwide. But because many of these cases go unreported, the actual number of deaths during or after restraint is many times higher. Between 50 and 150 such deaths occur every year across the country, according to a statistical estimate commissioned by The Courant and conducted by a research specialist at the Harvard Center for Risk Analysis. That's one to three deaths every week, 500 to 1,500 in the past decade, the study shows. ``It's going on all around the country,'' said Dr. Jack Zusman, a psychiatrist and author of a book on restraint policy. The nationwide trail of death leads from a 6-year-old boy in California to a 45-year-old mother of four in Utah, from a private treatment center in the deserts of Arizona to a public psychiatric hospital in the pastures of Wisconsin. In some cases, patients died in ways and for reasons that defy common sense: a towel wrapped around the mouth of a 16- year-old boy; a 15-year-old girl wrestled to the ground after she wouldn't give up a family photograph. Many of the actions would land a parent in jail, yet staffers and facilities were rarely punished. ``I raised my child for 17 years and I never had to restrain her, so I don't know what gave them the right to do it,'' said Barbara Young, whose daughter Kelly died in the Brisbane Child Treatment Center in New Jersey. The pattern revealed by The Courant has gone either unobserved or willfully ignored by regulators, by health officials, by the legal system. The federal government--which closely monitors the size of eggs--does not collect data on how many patients are killed by a procedure that is used every day in psychiatric and mental retardation facilities across the country. Neither do state regulators, academics or accreditation agencies. ``Right now we don't have those numbers,'' said Ken August of the California Department of Health Services, ``and we don't have a way to get at them.'' The regulators don't ask, and the hospitals don't tell. As more patients with mental disabilities are moved from public institutions into smaller, mostly private facilities, the need for stronger oversight and uniform standards is greater than ever. ``Patients increasingly are not in hospitals but in contract facilities where no one has the vaguest idea of what is going on,'' said Dr. E. Fuller Torrey, a nationally prominent psychiatrist, author and critic of the mental health care system. Because nobody is tracking these tragedies, many restraint- related deaths go unreported not only to the government, but sometimes to the families themselves. ``There is always some reticence on reporting problems because of the litigious nature of society,'' acknowledged Dr. Donald M. Nielsen, a senior vice president of the American Hospital Association. ``I think the question is not one of reporting, but making sure there are systems in place to prevent these deaths.'' Typically, though, hospitals dismiss restraint-related deaths as unfortunate flukes, not as a systemic issue. After all, they say, these patients are troubled, ill and sometimes violent. The facility where Roshelle Clayborne died insists her death had nothing to do with the restraint. Officials there say it was a heart condition that killed the 16-year-old on Aug. 18, 1997. Bexar County Medical Examiner Vincent DiMaio ruled that Clayborne died of natural causes, saying that restraint use was a separate ``clinical issue.'' But that, too, is typical in restraint cases. Medical examiners rarely connect the circumstances of the restraint to the physical cause of death, making these cases impossible to track through death certificates. The explanations don't wash with Clayborne's grandmother. ``I'll picture her lying on that floor until the day I die,'' Charlene Miles said. ``Roshelle had her share of problems, but good God, no one deserves to die like that.'' With nobody tracking, nobody telling, nobody watching, the same deadly errors are allowed to occur again and again. Of the 142 restraint-related deaths confirmed by The Courant's investigation: Twenty-three people died after being restrained in face- down floor holds. Another 20 died after they were tied up in leather wrist and ankle cuffs or vests, and ignored for hours. Causes of death could be confirmed in 125 cases. Of those patients, 33 percent died of asphyxia, another 26 percent died of cardiac-related causes. Ages could be confirmed in 114 cases. More than 26 percent of those were children--nearly twice the proportion they constitute in mental health institutions. Many of the victims were so mentally or physically impaired they could not fend for themselves. Others had to be restrained after they erupted violently, without warning and for little reason. Caring for these patients is a difficult and dangerous job, even for the best-trained workers. Staffers can suddenly find themselves the target of a thrown chair, a punch, a bite from an HIV-positive patient. Yet the great tragedy is that many of the deaths could have been prevented by setting standards that are neither costly nor difficult: better training in restraint use; constant or frequent monitoring of patients in restraints; the banning of dangerous techniques such as face-down floor holds; CPR training for all direct- care workers. ``When you look at the statistics and realize there's a pattern, you need to start finding out why,'' said Dr. Rod Munoz, president of the American Psychiatric Association, when told of The Courant's findings. ``We have to take action.'' Mental health providers, who treat more than 9 million patients a year at an annual cost of more than $30 billion, judge themselves by the humanity of their care. So the misuse of restraints--and the contributing factors, such as poor training and staffing--offers a disturbing window into the overall quality of the nation's mental health system. For their part, health care officials say restraints are used less frequently and more compassionately than ever before. ``When it comes to restraints, the public has a picture of medieval things, chains and dungeons,'' said Dr. Kenneth Marcus, psychiatrist in chief at Connecticut Valley Hospital in Middletown. ``But it really isn't. Restraints are used to physically stabilize patients, to prevent them from being assaultive or hurting themselves.'' But in case after case reviewed by The Courant, court and medical documents show that restraints are still used far too often and for all the wrong reasons: for discipline, for punishment, for the convenience of staff. ``As a nation we get all up in arms reading about human rights issues on the other side of the world, but there are some basic human rights issues that need attention right here at our back door,'' said Jean Allen, the adoptive mother of Tristan Sovern, a North Carolina teen who died after aides wrapped a towel and bed sheet around his head. Others have a simple explanation for the lack of attention paid to deaths in mental health facilities. ``These are the most devalued, disenfranchised people that you can imagine,'' said Ron Honberg, director of legal affairs for the National Alliance of the Mentally Ill. ``They are so out of sight, so out of mind, so devoid of rights, really. Who cares about them anyway?'' Few seemed to care much about Roshelle Clayborne at Laurel Ridge, where she was known as a ``hell raiser.'' But Clayborne had made one close friendship--with her roommate, Lisa Allen. Allen remembers showing Clayborne how to throw a football during afternoon recess on that summer afternoon in 1997. ``She just couldn't seem to get it right and she was getting more and more frustrated. But I told her it was OK, we'd try again tomorrow,'' said Allen, who has since rejoined her family in Indiana. Within three hours, Clayborne was dead. She had attacked staff members with pencils. And staffers had a routine for hell raisers. ``This is the way we do it with Roshelle,'' a worker later told state regulators. ``Boom, boom, boom: [medications] and restraints and seclusion.'' After she was restrained, Roshelle Clayborne lay in her own waste and vomit for five minutes before anyone noticed she hadn't moved. Three staffers tried in vain to find a pulse. Two went looking for a ventilation mask and oxygen bag, emergency equipment they never found. During all this time, no one started CPR. ``It wouldn't have worked anyway,'' Vanessa Lewis, the licensed vocational nurse on duty, later declared to state regulators. By the time a registered nurse arrived and began CPR, it was too late. Clayborne never revived. In their final report on Clayborne's death, Texas state regulators cited Laurel Ridge for five serious violations and found staff failed to protect her health and safety during the restraint. They recommended Laurel Ridge be closed. Instead, the state placed Laurel Ridge on a one-year probation in February and the center remains open for business. In a prepared statement, Laurel Ridge said it has complied with the state's concerns--and it pointed out the difficulty in treating someone with Clayborne's background. ``Roshelle Clayborne, a ward of the state, had a very troubled and extensive psychiatric history, which is why Laurel Ridge was chosen to treat her,'' the statement said. ``Roshelle's death was a tragic event and we empathize with the family.'' With no criminal prosecution and little regulatory action, the Clayborne family is now suing in civil court. The Austin chapter of the NAACP and the private watchdog group Citizens Human Rights Commission of Texas are asking for a federal civil rights investigation into the death of Clayborne. Medications and restraint and seclusion. Clayborne's friend, Lisa Allen, knew the routine well, too. For six years, Allen, now 18, lived in mental health facilities in Indiana and Texas, where her explosive personality would often boil over and land her in trouble. By her own estimate, Allen was restrained ``thousands'' of times and she bears the scars to prove it: a mark on her knee from a rug burn when she was restrained on a carpet; the loss of part of a birthmark on her forehead when she was slammed against a concrete wall. Exactly two weeks after Roshelle Clayborne's death, Lisa Allen found herself in the same position as her friend. The same aide had pinned her arms across her chest. Thorazine was pumped into her system. She was deposited in the seclusion room. ``It felt like my lungs were being squished together,'' Allen said. But Lisa Allen was one of the lucky ones. She survived. The fact of the matter is that today, 19 States have no laws or regulations related to the use of seclusion or restraints in school. Seven States place some restrictions on restraint, but do not regulate seclusions. That's within the 31 that was referred to by Mr. Kline. Seventeen States require that selected staff receive training before being permitted to restrain children. The rest do not. Thirteen States require schools to obtain consent prior to foreseeable or nonemergency physical restraints, while 19 require parents to be notified afterwards. Only two States require annual reporting on the use of restraints. Eight States specifically prohibit the use of prone restraints or restraints that impede a child's ability to breathe. I would argue, Mr. Speaker, that as a government, as a Nation that provides massive amounts of education dollars across the country, we would never countenance racial discrimination or gender discrimination by any institutions that receive those funds.

Mr. COURTNEY

Mr. COURTNEY. I yield myself such time as I may consume. Madam Speaker, I rise today in support of House Resolution 362, which expresses the House of Representatives' support of the goals and ideals of the National School Lunch Program. When it comes to education in our country, we traditionally focus on reading, writing, and extracurricular activities. We want to ensure that our students have access to well-trained teachers and to the tools they need to achieve academic success. However, we often forget that an essential tool to any child's academic success can also be found outside the classroom--in the school cafeteria. Children who are hungry are at a disadvantage to their peers. Studies have shown that children who experience hunger throughout the day have higher likelihoods of receiving lower math scores, of having decreased attentiveness, increased absences and tardiness, and a higher chance of having to repeat a grade. Children who are not well nourished are also more likely to need referrals to special education services. We know that nearly one-third of our Nation's children today are overweight and obese. Obesity rates have soared over the past four decades among children of all age groups, increasing nearly five-fold among those who are ages 6 through 11. Teaching children to have a healthy relationship with food and nutrition has never been more important. First Lady Michelle Obama has initiated an exciting new program to help solve this challenge. The ``Let's Move!'' campaign directs attention to four areas: helping parents make healthy family choices; serving healthier food in schools; improving access to healthy, affordable food in communities; and increasing physical activity. The National School Lunch Program can have a central role in the First Lady's efforts to help children develop healthy behaviors and to achieve their highest potential. For over 60 years, the National School Lunch Program has served as a safeguard for the health and nutritional well-being of our Nation's children. Every day, over 31 million meals are served to schoolchildren across the country. Madam Speaker, I would also like to take note of the changes we have seen in school food menus over the years. In cafeterias in all of our communities, you might find menus which offer salad bars with fresh fruit, whole wheat pizza, or freshly made chicken wraps. The days of ``mystery meat'' are past. Today, students want to eat in the school cafeteria because the food tastes good and there are many food options. However, we know from the most recent report from the Institute of Medicine that healthy foods cost more. The U.S. Department of Agriculture has reported that the full cost to produce a reimbursable lunch generally exceeds that of the Federal reimbursement for free lunches. To help address this concern, the President has requested an additional $1 billion for child nutrition programs to help improve nutrition quality and to make these programs accessible to more children. These funds will go a long way in school cafeterias across the country. I look forward to working with the President and with my colleagues, particularly with those on the House Education and Labor Committee, on this initiative. Lastly, Madam Speaker, this week, each of us may be receiving visits from our local school food service directors. I want to acknowledge the fine work of the school food service workers who help to educate our children on nutrition and who work hard every day to serve them safe and healthy meals. They are the front line in these efforts, and they deserve our thanks. Madam Speaker, I would like to thank Representative Watson of California for introducing this important resolution, which highlights the need for this program, and I urge my colleagues to support it. I reserve the balance of my time.

Mr. COURTNEY. Madam Speaker, I move to suspend the rules and agree to the resolution (H. Res. 362) expressing the support of the House of Representatives for the goals and ideals of the National School Lunch Program, as amended.

Mr. COURTNEY. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. COURTNEY. I yield back the balance of my time.

Mr. COURTNEY. Mr. Speaker, in closing, again, I urge strong support for the resolution. It is a timely measure because, as the gentleman from Pennsylvania knows, today the Education and Labor Committee is holding a hearing on reauthorizing the Child Nutrition Act. The School Lunch Program is really at the center of that effort. Again, I urge support of the resolution.

Mr. COURTNEY. Madam Speaker, I request 5 legislative days during which Members may revise and extend their remarks and insert extraneous material on House Resolution 362 into the Record.

Mr. COURTNEY

Mr. COURTNEY. Madam Speaker, again, I urge strong support of the resolution, and I yield back the balance of my time.

Mr. COURTNEY. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in support of House Resolution 1112, which recognizes Pennsylvania State University's Dance Marathon fund- raiser for its enthusiastic continued support of the Four Diamonds Fund at Penn State Hershey Children's Hospital. This is an event which was first started in 1972. It raised $2,000 in that year, and since then has continued on an annual basis and has raised a staggering amount of money for an incredibly good cause, the Children's Hospital at the Hershey Medical Center. I know the gentleman from Pennsylvania (Mr. Thompson), the sponsor of this resolution, is far more familiar with the history of this extraordinary effort than I am, and I would just as soon defer to him to talk about this resolution. I reserve the balance of my time.

Mr. COURTNEY. Madam Speaker, I request 5 legislative days during which Members may revise and extend and insert extraneous material on House Resolution 1112 into the Record.

Mr. COURTNEY. Madam Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1112) congratulating the Pennsylvania State University IFC/Panhellenic Dance Marathon (THON) on its continued success in support of the Four Diamonds Fund at Penn State Hershey Children's Hospital.

Mr. COURTNEY

Mr. COURTNEY. Madam Speaker, on that I demand the yeas and nays.

Mr. COURTNEY. Madam Speaker, I yield back the balance of my time.

Mr. COURTNEY. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in support of H. Res. 1072, which celebrates Louisiana State University for 150 years of service and leadership in higher education. Founded in 1860 as a seminary school and a military academy, the university has grown to educate more than 26,000 students annually, including more than 1,400 international students and over 4,000 graduate students. The students and faculty, past and present, guide LSU to its current standing as the flagship public university of the State of Louisiana. LSU's dedication in the classroom is matched by its athletic excellence. The university fields 20 Division 1A sports teams and has earned over 46 national championships, including a recent 2009 national men's baseball championship. LSU also demonstrates leadership and serves the communities of Louisiana. This was best exemplified by its role in the aftermath of Hurricane Katrina. In addition to accepting 2,300 displaced students from universities throughout the region, 3,000 LSU students volunteered to help injured Hurricane Katrina evacuees. LSU's support of the hardest hit communities in the Gulf Coast is critical to recovery, and I thank the university and its students for their service. This year, Louisiana State University will celebrate 150 years of providing excellent education and cultivating young men and women who become local, State, and national leaders. Madam Speaker, once again, I express my support for Louisiana State University and thank Representative Cassidy for bringing this bill forward. I urge my colleagues to join me in support of this resolution. I reserve the balance of my time.

Mr. COURTNEY. Madam Speaker, I request 5 legislative days during which Members may revise and extend and insert extraneous material on House Resolution 1072 into the Record.

Mr. COURTNEY. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1072) recognizing Louisiana State University for 150 years of service and excellence in higher education, as amended.

Mr. COURTNEY

Mr. COURTNEY. Madam Speaker, I rise today with a heavy heart to mark the passing of my friend and constituent Ronald Crabb who died tragically while working on the site of the Kleen Energy Plant in Middletown on February 7, 2010. Ron was a devoted father, husband, and son, and his loss has been felt by countless individuals in his community and by those who called him a friend. He was a skilled tradesman who exemplified hard work and citizenship by constantly giving back to the people of Colchester. As a pipefitter for the Connecticut Plumbers and Pipefitters Local 777, he took on leadership roles to ensure the safety and improve the lives of his fellow union members. Ron was also an active member of his community. He served on Colchester's Democratic Town Committee and, until recently, was a member of the Board of Finance for several years. It was Ron's love for his wife, Jodi, and his two sons that made him so passionate and upbeat. Anyone fortunate enough to call him a friend would tell you that he kept their love with him no matter where he was or what he was doing. He loved spending time with them and spoke fondly of them in their absence. On the job and in life, Ron had a seemingly endless desire and ability to help. He did this by putting his good values into practice and his town, friends, and family are better for it. He left us too early and we will miss him dearly. I ask my colleagues to join me in mourning the loss of Ronald Crabb.

Mr. COURTNEY

Mr. COURTNEY. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. COURTNEY. Mr. Speaker, I yield back the balance of my time.

Mr. COURTNEY. Mr. Speaker, I yield such time as she may consume to the sponsor of this legislation, the gentlewoman from Colorado, Congresswoman Betsy Markey.

Mr. COURTNEY. I yield myself such time as I may consume. Mr. Speaker, I rise today in support of House Resolution 1111, which recognizes March 2, 2010, as Read Across America Day and which encourages parents to read to their children in support of building a Nation of readers. Read Across America Day was initiated in May 1998 by the National Education Association as a way to celebrate reading. The NEA provides support to parents and teachers to keep their children reading all year long through activities such as the Cat-A-Van. The Cat-A-Van travels across the country bringing the gift of reading to schoolchildren. The Cat-A-Van donates 20,000 books to children in need. The NEA celebrates Read Across America Day on Dr. Seuss' birthday each year in honor of a man who contributed tremendously to children's literacy. Theodor Geisel, better known as ``Dr. Seuss'' by millions of children and parents around the world, began writing children's books in 1936, and has since inspired millions of children to embrace the joys of readings through such favorites as ``The Cat in the Hat,'' ``Green Eggs and Ham,'' and ``Oh, the Places You'll Go.'' We know from research that children who are exposed to reading before kindergarten become more successful readers. We also know that a child who fails at reading is more likely to drop out of school. Today, nearly 6 million adolescents are struggling readers, and more than 7,000 students drop out of high school every day. This is unacceptable. Engaging children and reading to them when they are young will encourage them to read and to achieve more as adolescents and as adults. This data demonstrates the importance of literacy and the value of Read Across America. This critical literacy project is supported by a range of partners, including the District of Columbia's the Afterschool Alliance, ASPIRA Association, Incorporated, and First Book. The NEA, along with the Pearson Foundation, has donated $100,000 in funds and books to public school libraries across our country as 45 million children and adults are expected to participate in this year's 2010 program. I want to particularly thank Representatives Markey and Ehlers for bringing this measure forward, and I encourage my colleagues to support this resolution. I reserve the balance of my time.

Mr. COURTNEY. Mr. Speaker, I request 5 legislative days during which Members may revise and extend their remarks and insert extraneous material on House Resolution 1111 into the Record.

Mr. COURTNEY. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1111) designating March 2, 2010, as ``Read Across America Day''.