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Media Response

Sunday, February 17, 2008
Child abuse by the government

Government rips an autistic boy from his home because it prefers a different 
treatment than the one offered by the parents.

STEVEN GREENHUT
Sr. editorial writer and columnist
The Orange County Register
sgreenhut@ocregister.com 


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

Contact the writer: sgreenhut@ocregister.comor 714-796-7823

 

 

 

 

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