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These children
could still be alive today had they received the proper care and
attention they deserved. In our country it is incomprehensible to
think this is going on in programs that are state-run and
state-funded. I ask - who is watching out for these kids?
Last February the
beating of Justin Caldwell was caught on
videotape. One need not wonder –
when watching Justin’s body thrown to the ground by detention staff,
towel after towel used to wipe his blood from the floor - how these
tragedies can occur.
Following the
death of a boy in the Florida DJJ system one mother recalled her
neighbor saying, “If he were still alive he’d probably just grow up
to be a criminal.” She responded, “Maybe a criminal, or maybe the
guy that repairs your cable TV.”
Many of the kids
in the Florida DJJ system are kids who are struggling with the
challenges of adolescence. They need help and guidance, not to be
beaten and abused.
All of the deaths
mentioned above were unnecessary tragedies. Tragedies we hope will
not be repeated.
Back to Table of
Contents
Child abuse and neglect
Justin
Caldwell, abused, falsely accused
Justin Caldwell has been in the clutches of the Florida
Department of Juvenile Justice (DJJ) his entire adolescence. Today
at the age of 18 Justin sits in the Jackson County Correctional
Facility awaiting trial and facing time in an adult prison on
charges his father says are false.
Justin Caldwell
is nearly 19 years old. When he was 13 he went through a rough time,
much like other adolescents. But most kids are able to work through
their issues with the help and guidance of their parents. Mark
Caldwell, Justin’s dad, and Justin didn’t get that chance.
At the age of 13
Justin was sentenced by DJJ to 12-18 months in a residential
treatment center. Justin is almost 19 and is still in custody.
Christopher Sholly and Justin
Caldwell were detained in the Florida DJJ system. They suffered very
similar forms of abuse – Christopher suffered from a broken nose, a
broken arm, head injuries, and mental abuse – so did Justin.
Justin was abused
twice in one day last February at Dozier School for Boys in
Marianna, Florida. In both incidents Justin was allegedly thrown to
the floor, sat on by staff, and his head was repeatedly beaten
against the floor. The second incident sent Justin to the hospital.
Part of the second beating and the wiping up of Justin’s blood was
caught on video.
The staff members
involved were Officers James Wooden and Alvin Speights.
News reports indicated DJJ Officer
Speights and former Regional Service Administrator, John Tallon were
fired. DJJ Secretary of Residential Services, Rex Uberman, said he
was moving his office to the school for boys, stating, "We do have a
range of operational problems at Dozier and the whole program needs
to go through a rebirth, but you also can't lose sight of holding
individual people accountable for their actions."
So if Justin was
beaten and the beating was caught on video, if staff were fired as a
result, why does Justin sit in the adult system awaiting trial and
facing time in prison on a charge of battery on a detention staff?
According to Mark
Caldwell, “three days after my son was beaten in February, one of
Justin’s abusers filed false charges against him to exonerate
himself and to shift the blame on Justin. While this staff member is
still employed at DJJ Justin awaits his trial and faces time in
adult prison. It is costing my family $15,000 to defend these false
charges.”
Caldwell said,
“My son has spent the past six years including birthdays,
Christmases, Thanksgivings, and all other holidays in this failed
system. Like other boys in these facilities, he is not allowed to
watch the news or read newspapers. These kids are not even allowed
to leave the facility. They live behind walls that are surrounded by
chain-linked fences and razor wire.”
He went on to
say, “Justin has been mentally and physically abused and has
witnessed the abuse of other youth by staff in these facilities.”
Mark Caldwell,
frustrated by the ongoing challenges brought to his family by DJJ
and the years lost with his son, concluded, “This is what you define
as Justice … Florida is a Zero-Tolerance state when it comes to
mistakes our children make. Perhaps Florida should have a
Zero-Tolerance policy when it comes to the abuses inflicted on
children by the staff DJJ hires inside its facilities.”
Mark ended with,
“I want my son home for Thanksgiving. I love my son.”
Will justice be
served on Wednesday, November 7th? Will Justin’s voice be
heard as he tells about the abuse that has been inflicted upon him
in the Florida DJJ system for the past five years, his entire
adolescence? Will the judge and jury listen to the testimony of
eleven witnesses who saw what happened to Justin that morning? Will
they be impartial?
UPDATE:
Justin,
like Christopher Sholly, was
accused of battery on a staff. And like Christopher, Justin was
found guilty today by a jury that
seemed to have difficulties understanding they had three choices -
(1) find Justin not guilty; (2) find Justin guilty of simple
battery, a misdemeanor; or (3) find Justin guilty of battery on a
detention facility staff, a felony with a sentence of up to five
years in state prison. Sentencing has been scheduled for November
27th.
Mark is concerned
for the safety of his son. He remembers all too well what
Christopher went through during his one-year sentence in a state
prison. Christopher was beaten and abused on a near-daily basis and
suffers from post-traumatic stress disorder as a result.
Caldwell said, "I
still believe my son is innocent. Mark said it was
distressing to see the three witnesses, youth from Dozier where
Justin was abused, brought into the courtroom in hand-cuffs and
ankle shackles. “That was
not necessary,” he concluded.
Back to Table of
Contents
Christopher
Sholly – Ages 13-18 – Physically and mentally abused at DJJ
Christopher’s
story is much like Justin’s. He was put into the Florida DJJ system
at the age of 13 and never made it out until he was almost 18.
Christopher spent
his entire adolescence locked behind closed doors. His mother, Dawn
Chase, said, “Christopher was severely abused. The abuse caused
Christopher to live in daily fear of his life. He often thought of
suicide so he could be released from the daily hell he was living
in. He felt being dead might be better than living in fear for his
life. His words were, ‘they are going to kill me, so I might as well
do it for them, at least I won’t hurt as bad as if they did it.’”
During his stay
there Chase said, “Chris suffered from a broken arm (an upper dorsal
known as Salter 1 fracture in the growth plate of the arm), a broken
nose, a number of hairline fractures throughout his skull, mental
abuse, and physical abuse, while he was in the DJJ system.”
She said
Christopher and others were often denied the use of the toilet and
that they were forced to urinate and defecate on themselves. When
this occurred, staff would beat them and make them wash their
clothing in ice cold water in a five gallon bucket. Then after the
clothes were washed, the Staff would pour that same dirty water over
their heads.
Dawn went on to
say that DJJ hired a staff member, Rodney Baynard, who was working
at Greenville Hills Academy while Chris was there.
It was later
proven in the Investigator General’s Annual Report dated October 1,
2004, that Baynard lied on his employment application stating that
he did not have any past criminal history when in fact he did for
aggravated assault and battery.
Dawn said, “The
private contracting company and DJJ failed to do a truth background
test on Rodney Baynard, and the excuse I received was that ‘he
slipped through the cracks.’ Rodney Baynard had also previously
broken two other youth’s arms prior to breaking Christopher’s arm.”
According to his
mother, Christopher continues to suffer pain in both arms and
shoulders as a result of the numerous abusive restraints he received
on a near daily basis during his stay at DJJ. Christopher’s arms
literally pop out of joint at the shoulders. He now suffers from
post traumatic stress disorder, is on medication for this condition,
and continues to have nightmares about the abuse he endured. He has
attempted suicide twice since his release on December 23, 2005.
Christopher’s family is suing the state.
Back to Table of
Contents
April 2007
- DJJ staff Christopher Williams: Substantiated - Excessive force
On April 15,
2007, Justice4Kids, a Florida advocacy group for children
incarcerated in the DJJ system, filed a report of suspected abuse
against Corporal Christopher Williams of the Manatee Adolescent
Treatment Services (MATS) facility, a DJJ contracted program for 35
moderate-risk males ages 13-18.
The original
complaint received by Justice4Kids indicated, “Williams choked [name
omitted for anonymity] out till [sec] he was on conscience [sec],
his eyes were rolled back in his head and he started floppy [sec]
around like a fish, when he came to Williams did this again for a
total of 4 times. He also did this to [name omitted for anonymity].
The witnesses tried to turn the cameras so that it would be caught
on tape. The police were called and a report was done. They were
told they were not going to report this to DJJ. All these kids are
scared of this man but they want something done…”
Justice4Kids
alleged Williams choked two youth and that one passed out. On April
18, 2007, the complaint was accepted by the OIG for investigation.
As noted on page 9 of the
Inspector General’s Report, it was determined and
substantiated that staff member Christopher Williams used excessive
force on both youth.
Back to Table of
Contents
Northwest
Florida DJJ – safety issues, falsified records, improper staff
screening
According to a
June 9, 2006, article,
Juvenile facilities rated among state's worst, written by
Deidre Conner, there were safety problems and other issues in
Northeast Florida DJJ facilities for adjudicated youth. She noted
that according to audits seven of the region’s eight centers were
minimal or failing. The one exception was a facility that had not
had a thorough state review since 2005.
The article also
noted that the state Department of Juvenile Justice's Bureau of
Quality Assurance auditors visited the Duval Halfway House, known in
the past as the Duval Juvenile Residential Facility. They called the
condition of the bedrooms and bathrooms "deplorable." They found
rotting boards, holes in the wall and reports of rats on the
property.
The department
gave acceptable ratings to facilities with problems. The program
where Martin Lee Anderson died was given a commendable rating in its
last audit in 2004.
Problems noted in
eight* Northeast Florida DJJ facilities:
- Workers
falsified log books
- Nine in 10
workers reviewed were hired before the program received
preliminary background checks
- Youth were
improperly punished
- Health and
safety was jeopardized because of structural problems in one of
their buildings
- Youth were
not screened for suicide risk
- One youth
with suicide concerns was wandering the facility alone
- Wires
hanging from the ceiling and bathrooms reeked of urine
- Another
building was challenged inside and out with rotting wood and
holes in the wall
- A knife
cabinet was unsecured in one of the kitchens
- Debris
littered the grounds including glass, old batteries, and
inoperable lawnmowers
- Insufficient
staff checks with youth seen on video running in and out of
their rooms and into other youth’s rooms and roaming the
hallways
- Incidents of
abuse were unreported
- Pregnant
girls did not get prenatal care
- One program
did not log incident reports
- Videotape
showed staff falsified log books and falsified a medical file
- One worker
was accused of taking seven youths out into the courtyard and
giving them marijuana, Ecstasy and Xanax (the worker, who was
dismissed, was already under investigation after reports of
taking 13 youths outside to supervise them alone)
- Unkempt
facilities
- Another
program did not complete suicide assessments or follow-up
assessments of suicide risk
- Improper
staff conduct
- Use of
excessive/unnecessary force
- Multiple
youth-on-youth assaults
- Continuous
problems with youth having contraband
- Staff cursed
at youths and acted unprofessionally
- Youths
complained staff did not break up fights fast enough
- Toilets that
were not in good working order
* St. Johns
Juvenile Correctional Facility, Duval Halfway House, Nassau Juvenile
Residential Facility, White Foundation Family Homes, STEP (Outward
Bound), TigerSHOP, Impact Halfway House, and Hastings Youth Academy.
Back to Table of
Contents
Elaine
Gordon Treatment Center – sexual misconduct, attempted suicides
In 2001 the
Florida Times Union reported there
were problems at the Elaine Gordon Treatment Center – the same year
Justin was sent there. According to the article, teenagers were
having sex in a bathroom and there were four attempted suicides by
one teenager between June and November the previous year and all but
one of those linked to improper supervision. While the company
claimed they were “good at what they do”, more than 50 incidents of
suicide attempts, repeated sexual misconduct, and other dangerous
activities were reported from 1999 through the end of the year 2000
as “due to poor supervision”, according to state records.
Back to Table of
Contents
Dozier
School for Boys – Sexual misconduct of staff
In November 2006
the
Jackson
County Floridan reported that a 29-year-old female
teacher's aide was charged with a sex offense involving a
16-year-old male housed at Dozier School for Boys, and that
according to the Marianna Police Department Sheretha Lavone Paramore
was arrested and charged with unlawful sexual activity with a minor.
Back to Table of
Contents
Group 4
Securicor (G4S) – parent company of Florida DJJ programs scandal
According to a
March 24, 2007,
Press Release released by the SEIU, “the U.K.'s biggest security
firm Group 4 Securicor -- and parent company of the U.S.
government's largest supplier of private guards, Wackenhut -- has
been caught letting killers, rapists and terror suspects go
unchecked in a scandal that extends beyond the U.K. and into U.S.
juvenile detention centers.” This is the same company that employed
Streeter in the below-mentioned incident. The UK scrutinized eight
US juvenile facilities; six were in Florida:
- Avon Park
Youth Academy, Avon Psark, FL
- Cypress
Creek Juvenile Offender Correctional Center, Lecanto, FL
- Hastings
Youth Academy, Hasting, FL
- Okeechobee
Juvenile Offender Correctional Facility, Okeechobee, FL
- Polk
Juvenile Correctional Facility, Polk City, FL
- Sago Palm
Academy, Pahokee, FL
Back to Table of Contents
Polk
Correctional Facility – Sexual misconduct of staff employed by G4S
According to an
April 2007 article in the
Polk County Democrat, 34-year old Irish Streeter, a Polk County
juvenile correctional officer, was arrested for having sex with a
15-year old he met online. He was charged with two felony counts of
lewd battery. He was employed by a company, Group 4 Securicor, under
the auspices of the Florida DJJ to work as a correctional officer at
the Polk Correctional Facility in Polk City.
Back to Table of
Contents
Hastings
Youth Academy (G4S) – sexual misconduct, criminal activity, assault
According to an
October 20, 2007, article in the Florida Times Union,
Hastings troubled-youth facility has troubles of its own,
Hastings has had its share of problems lately. Among those were two
workers arrested for crimes involving youth at the facility, three
workers found having romantic relationships with the youth, state
investigators were called to the facility nine times and
substantiated seven misconduct claims, and four youth escaped during
a six-month period late 2006.
It is run by the
private company, G4S. G4S acknowledges there are problems but
promises change.
Some of the
problems reported were:
- Two workers
were arrested for crimes involving youths at the facility
- Three
workers were found to be having romantic relationships with
youths
- State
inspectors were called to the facility nine times and
substantiated seven misconduct claims; others are pending
- Four youths
escaped during that time, all in a six-month period in late 2006
- Staffers
selling drugs to youth in the facility
- Marijuana
and other drugs were found
-
Mental-health therapist Robert L. Harris Jr., was terminated
after he was reported by students as viewing pornography on his
office computer while on duty
- Staff forged
a student’s signature of a youth and refused to allow him to
call the abuse hotline after he was hit in the head by a radio
thrown by a youth-care worker in September 2006 – the youth-care
worker, Ramon Powell, and the shift supervisor Tyrone Wilkerson
were terminated Dec. 26
- Youth-care
worker Kevin Dewayne Ford was charged with aggravated assault
after a surveillance tape showed him pulling a knife from his
pocket and flicking it open during an argument with a
16-year-old inmate.
Florida DJJ
Secretary Walt McNeil said “I will tell you that we're concerned -
we're very concerned - about ... Hastings … We will not stand for
any [employee], whether it's a DJJ employee or a contractor
employee, mistreating the children."
Group 4 Securicor
was also in charge of the Cypress Creek Juvenile Offender
Corrections Center where Willie Lawrence Durden, III died in 2005.
Workers thought he was playing a prank by lying motionless and
unresponsive - and didn't immediately call 911.
According to the
Jacksonville article, Cynthia
Terrell, the staff who was fired after videotapes showed her and
witnesses told of her engaging in sexual touching with a youth
during class. She wasn't charged with a crime because the youth was
16 and was the one touching her, according to St. Johns County
Sheriff's Office spokesman Chuck Mulligan. Some staff make as little
as $8 per hour.
Back to Table of
Contents
ABUSE OF
POWER
Extended sentences, too many
transfers
An in-depth investigation into the
amount of time kids are spending in the Florida DJJ system was
performed late in December 2004, according to a December 19, 2004,
article
Youth offenders get lost in the shuffle, written by Rene
Stutzman and Katy Miller.
That was nearly three years ago and
families are facing the same issues today in 2007. It was noted that
kids can behave and do things right and still have their sentences
extended. It’s easy, once DJJ has the kids under their care and
custody they can choose where and how long the child will stay. And
if a parent complains it seems their stay is extended ever longer.
This is a problem for kids who are
forced to spend precious developmental years locked up in a broken
system where reports of child abuse, unfair practices, and deaths
continue to stream in.
Justin Caldwell, Christopher Sholly,
and Marena are good examples of abuse of power. Justin and Chris
spent their entire adolescence locked up. These are good kids who
should have been home with their families.
As a rule these programs are not
for kids who are “bad”. Many kids are sent because they have
emotional problems and need help. The Florida DJJ system touts
itself for providing that help to the state’s youth. But many
parents would challenge that.
The executive director of a
nonprofit group of lawyers who work for children’s rights calls the
agency’s system of juvenile transfers “a major injustice.” “You can
wind up spending years in what should be a three-month program,” she
said.
But officials at DJJ don’t think
there’s anything wrong with what they’re doing. In fact, a couple of
the officials were quoted as saying, “It’s not about time. It’s
about treatment.” And, “Is it good public policy to transfer a kid
three or four times? You know, if it’s necessary to treat that kid,
I don’t see that it’s a bad thing.” His boss who had been on the job
six months said, “I don’t see any problems here.”
Miami-Dade County Circuit Judge
Scott M. Bernstein called the number of transfers surprising and
said she would investigate this further, was going to take this to
her statewide panel, and begin her own investigation.
So DJJ officials don’t think 3-4
transfers or extended stays are bad. But does a kid get the kind of
treatment he needs when he’s locked up for 5 years or more for a
simple school-yard fight or for needing treatment for past abuse he
suffered? Does a girl who’s excelling in school, working, and
looking forward to going to college benefit from being locked up
with girls who have far worse and deeper issues than she has?
These kids have families who want
them home. They are not forgotten kids, they are not unwanted kids.
Parents cry themselves to sleep. They often advocate for their kids
and the stress can cause anxiety disorders. They miss their kids.
And they want them home.
Back to Table of Contents
Unjustifiably detained
As you will see
in this case, abuse of power is not confined to the juvenile
facilities and often originates in the courtroom.
At the age of 16
Marena became a victim of circumstances. Her naïveness landed her in
the Florida DJJ system.
Suléma, Marena’s mother, laments, “They told
me they were here for me. If I ever needed their help I could call
on them.”
Marena, a typical
teenager, made a mistake. She was not a threat to herself or anyone
else. Nor was she a habitual offender. Marena’s mother,
Suléma,
said, “Marena was going through adolescent growing pains. She was
previously a model child and I knew that with enough time and
attention she would return to the foundation we had established for
her.”
Suléma worked
with her daughter. Things improved when Marena took the necessary
steps to correct her behavior.
Despite these
improvements, Marena was not immune from making common adolescent
mistakes. While Marena was improving in many areas she continued to
go through a rebellious stage with her mother. Her mother had
emphasized to Marena the importance of letting her know where she
was at all times, something Marena did not always adhere to. When,
one afternoon, Marena failed to inform her mother where she was
Suléma opted to exercise what she believed would be a wake-up call
for Marena. She contacted the Santa Rosa County Sheriff’s deputy to
have Marena picked up to teach her a difficult but valuable lesson.
Suléma had no
idea what she was getting herself, or her daughter, into.
Marena was picked
up, taken into custody, and was released back to her mother. Her
behavior improved. But as a result of the call
Suléma had made to
the sheriff’s office, and without any pre-warning, she received a
summons in the mail ordering her and Marena to appear in court on
short notice.
Suléma’s attempts to reach out to the DJJ for support
had backfired.
Suléma stated her
attempts to contact the probation officer resulted in, “If I were
you, I would make every effort to appear.” He gave her no assistance
or counsel. Because
Suléma’s employer was unwilling to give her time
off from work, she could not make it to the hearing. As a result a
warrant was issued for both Marena’s and
Suléma’s arrest.
When
Suléma was
picked up she voiced her concern regarding leaving her ten and
thirteen year old children home alone.
Suléma said, “The sheriff
dismissed my concerns and took both Marena and myself into custody
where we spent the next four nights in jail. DJJ did nothing to help
us and my kids were left unattended.”
Suléma was able to reach a
friend later that evening to take care of her children. But what
would have happened, she asked, if she was unable to reach her?
Four days later
mother and daughter were released. Over the course of the following
year Marena steadily improved, her mother said. Her grades and
attendance in school improved, she secured part-time employment
where she was appreciated by her management and co-workers, and was
due to graduate soon. She had plans to go to college the following
fall, thanks to a trust fund provided to her by her grandparents.
Suléma said,
“Marena met all of her sanctions except classes requiring financial
payment. She had one violation of her probation and one truancy
violation. The judge chose to consider the truancy a second
violation of probation and had Marena ordered into a moderate-risk
facility. During the court hearing
Suléma was told the program ran
from three to six months, based on the child’s behavior.
Suléma voiced her
concerns about the generic process employed in the handling of
individual children in the DJJ system. Raising these concerns seemed
to anger the judge. As a result,
Suléma said, “I don’t feel the
judge was able to remain unbiased in my daughter’s case.”
According to
Suléma there was no reasoning with this judge. “She was determined
my child was going to be put into the DJJ system, regardless of the
fact she had made great strides and was doing well. Her teachers and
the dean of students wrote letters, people rallied for Marena. But
to no avail.”

Dove Academy
Dove Academy
Suléma remembers
her first visit with her daughter at the Dove Academy for Girls.
“This was not the building so proudly and prominently displayed on DJJ's website. I was shocked when I pulled up. This was much worse
than anything I had imagined. On a dusty lot, roughly one-fourth the
size of a football field was a rectangular chain link fence. Within
the confines of the perimeter of this fence sat a cluster of old,
mildewed portable buildings, completely unidentifiable if not for
the plastic banner hanging on the fence identifying this ‘facility’
as the DOVE ‘academy’”, she said.
Suléma and her
younger daughter were escorted to Marena’s trailer, forced to leave
all their belongings. She said, “I thought I would be sick. I found
myself standing in the middle of those trailers, looking at nothing
but a dusty, dirt lot, smaller than my own backyard with a single
basketball net and a picnic table. I walked to Marena's trailer and
she immediately fell into my arms and began weeping. I could no
longer hold back the tears, and we stood together, hugging one
another tightly, until I could stand the tears no more.”
“My daughter was
forced to share a room with girls who had far more serious
offenses,” she said. Not an environment
Suléma felt was beneficial
in any way to her daughter.
Marena has been
in the DJJ Dove Academy for six months with exemplary behavior. She
should have long been home by now, according to her original
sentence of three to six months based on her behavior.
However, DJJ
placed her in what is considered a vocational program where despite
her original offense or her good behavior, she must complete the
vocational program before she can be released. This program runs a
minimum of nine months.
Suléma resolved
not to dwell on the surroundings and to try to bring some happiness
to her daughter. She said it was difficult to walk that line...
between giving her daughter hope and setting her up for
disappointment. “I told her that I would NEVER give up, no matter
how dismal things looked.”
Approximately
three months after Marena arrived at Dove the girls were moved to a
newer, nicer building. “Marena never needed to be sent to this
facility”, her mother said. “She was slated to start college last
fall and had made great strides. This is a gross injustice.”
Back to Table of
Contents
Conclusion
One mother said,
“The Florida DJJ system has the potential to individually address
the actual needs and short-comings of each child. Yet the children
are treated generically when punishment is met. The punishment
should fit the crime and should meet the needs of the children. The
potential and circumstances of each child are not taken into
consideration when they are being sentenced.”
A good reminder
is what Mark Caldwell, Justin’s father, said, “This is what you
define as Justice … Florida is a Zero-Tolerance state when it comes
to mistakes our children make. Perhaps Florida should have a
Zero-Tolerance policy when it comes to the abuses inflicted on
children by the staff DJJ hires inside its facilities.”
It is evident by
the recent cases documented that this is not yesterday’s problem and
that abuse, neglect, and deaths continue to mount in the Florida DJJ
system. How long will it take for the state of Florida to listen and
put a system in place to protect these youth?
We the people,
have questions. Will the Florida Department of Juvenile Justice (DJJ)
provide answers?
Back to Table of
Contents
Contact DJJ:
As noted on the
www.justice4kids.org website, Walt McNeil, Secretary of the
Florida Department of Juvenile Justice, has urged anyone with
knowledge of abuse or neglect in the DJJ system to report it to him.
You can reach him at (850) 210-3815 or via e-mail
Walter.McNeil@djj.state.fl.us.
A special
thanks to those who contributed to this report:
Dawn Chase
Mark Caldwell
Diana Matthews
Suléma, Marena’s mom
Cathy Corry, Justice4Kids
Back to Table of
Contents
Websites & Links
www.justice4kids.org
www.caica.org
www.nospank.net
DJJ News
Letter
to
to staff
Congressional
Hearing
Congressman Miller's Opening Statements
GAO Preliminary
Report
Comprehensive List of Deaths
* Information
contained in this report taken from news articles, state reports,
and parent interviews.
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