this is a letter i had to write about my daughter.  i married a woman who has some personal problems and i had a child with this woman.  the system has been a very wierd adventure.  this guy, mike, called me and begged me to turn the heat down.  i didn't feel vindication after that phone call, but sick to my stomac.  everything is just words, until people put it into action.

 

 

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May 10, 2004

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Mr. Douglas Klier

Client’s Rights Advocate

Laurelwood Hospital

35900 Euclid Avenue

Willoughby, OH  44094

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Re:     

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Mr. Klier:

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            This letter describes events, which take place between the dates of February 19, 2004 to present.  I have reviewed the State of Ohio Code of Ethical Practice and Professional Conduct for Social Workers.  That code also refers to the American Counseling Association and the National Association of Social Workers, and therefore I have reviewed that documentation as well.  The purpose of this letter informs you of certain unprofessional conduct on the part of Mr. Michael J. Freas, LISW, Psychiatric Social Worker, and Ms. Amy Skerry, LISW, Center Director.  Although this letter does not list every infraction, it does list those that are most troublesome.

            This case is about my six-year-old daughter.  ’s date of birth is September 19, 1997.  Her parents are divorced and we have a shared parenting plan with joint custody.  Both parents are involved with the child and the child never suffered any serious separation anxiety as a result of this divorce.

            On February 19, 2004, my daughter, , saw a Mr. Freas.  Her mother, , took her.  On that date, Mr. Freas entered into a counseling relationship with my daughter.  On that date, Mr. Freas’s assessment / diagnosis was for ICD9 #309.28 �?Adj. Reaction with Mixed Emotional Features.

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            I had several phone conversations with Ms. Skerry regarding this case.  We started on good terms, but it degraded.  Ms. Skerry yelled at me over the phone. I was forced to hang up the phone.  She was uncomfortable about my request for written replies.  I requested a copy of my daughter’s file.  Ms. Skerry informed me that she might not be able to do that.  I asked her to confirm with me in writing the exact reasons as to why she could not do that.  This caused her to become agitated and she called me “very pushy.�?SPAN>  Soon after, I hand delivered a letter to Ms. Skerry at the Mentor office.  In that letter, I tell her that I was confused by her lack of detachment and that I accept no responsibility for it.  Then I contacted a D. Nelson, Quality Control.

I informed Ms. Nelson about what happened with Ms. Skerry.  I explained that I am the father of a client seeing Mr. Freas.  I told Ms. Nelson that I was asking for a copy of the file and written replies regarding difficulties.  Ms. Nelson informed me that although the file should not be a problem, any information regarding my ex wife’s health insurance policy may be an issue.  I asked Ms. Nelson to inform me of the specific Federal Law that she was quoting from.  Ms. Nelson replied that she could not tell me the specific code off the top of her head, but that she is certain it exists. 

My position is that Ms. Skerry violated the standard set for to treat all clients and family members with respect.  Ms. Skerry’s remarks to me were derogatory and inflammatory and lacked any reasonable sensitivity that all I was trying to do was care for my daughter. 

JCAHO’s Behavioral Health Care Brochure, “Speak Up: Help Prevent Errors in Your Care,�?instructs me to make such inquiries regarding the care of a loved one.  JCAHO has accredited Laurelwood Hospital.  This Brochure asks me to “Speak Up, Pay Attention, and Educate Myself.�?

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Regarding Mr. Freas’s conduct in this matter, the following will list the most troubling issues.

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-        My daughter should not go to a doctor’s office simply to be lectured about making good choices.  When I asked my daughter how she felt, she said, “I make good choices.�?SPAN>  It is the Primary responsibility of a counselor to respect the dignity and to promote the welfare of the client.  Fostering a dependant counseling relationship in this matter is a violation standards.  There are many less invasive places for my daughter to seek support for feelings.  My daughter was given no alternative choices to consider.

-        I asked for help from the other caregivers for.  I did this to help Mr. Freas make appropriate assessment for any needs.  Mr. Freas is aware that both parents have no unusual reports about my daughter’s behavior.  Kindergarten, daycare, YMCA, and babysitters all report normal behavior.  Mr. Freas is aware that his client functions within norms for any child in her age group.  does not suffer from Adj. Reaction with Mixed Emotional Features.  This situation violates several standards and codes.  They include, respecting the dignity of the client, making proper assessment, utilization of family for information and support, documenting to insure the results can not be misused in the future, billing correctly, setting aside personal bias, and discrimination based on gender.  My discrimination claim is based on the fact that at this time Mr. Freas is aware of significant discrepancies.  Regardless of my effort to help him properly assess my daughter by giving him good data from unbiased sources, to date, Mr. Freas has failed, neglected, or refused to take this data into account.  For whatever reason, Mr. Freas has sided with the mother in spite of overwhelming evidence that the mother has misrepresented her child to him.

-        I have not given my consent for counseling, nor do I have any personal need.  Regardless, he states in the file that, “parents not to put child in the middle.�?SPAN>  The March 31, 2004 progress note, a session where I brought my daughter in, he adds the wording “not fight�?This is biased and a violation to standards to report accurately and to set personal values aside.  Mr. Freas discriminates against me by implying that I’m the one who fights.  In other words, from the initial consultation, Mr. Freas implies that the parents will avoid placing the child in the middle.  However, if you notice, the two progress notes he made for the visits with the mother do not mention “fighting,�?or “putting child in the middle.�?SPAN>  Only the progress report, where I attended the session, mentions this as a problem.  If this was the only problem with this case, I could give Mr. Freas the benefit of the doubt.  But this is just one piece of the puzzle that makes a complete picture.

-        During the initial interview, Mr. Freas interviewed the mother in front of the child.  The mother makes claims of physical abuse and that the daughter cannot share her feelings with her father.  was forced to conform to this and stated, “I have trouble telling my father what I feel…�?This child was put in the position to contradict her mother.  This constitutes a faulty assessment and Mr. Freas is required to document if he suspect that statements may be misleading or faulty.  He also placed his interests above that of the client by doing this.

-        I have communicated my concerns to Mr. Freas verbally and in writing.  I have provided him with background information.  I gave him a correct copy of the initial questions, which deviate significantly from those answers by the mother.  He is aware that the parents agree has no significant problems.  He is aware that I intend to seek relief from Lake County Domestic Relations Court regarding my daughter’s schedule.  Mr. Freas is aware that spends in excess of ten hours per day in school and daycare.  To date, he has fail, neglected or refused to document correctly knowing full that that it can and most likely will be used in Court.

-        Mr. Freas is aware that Ms. Skerry yelled at me.  Although I told him verbally and informed him in writing, he failed his responsibility to report that alleged violation to the State Board as he is required to do per Section J, Mandatory Reporting.

-        On Monday, May 3^rd, Mr. Freas met with my ex and myself.  , the client, was not present.  During this meeting Mr. Freas stated that, “I was pushy.�?SPAN>  He went on to say that, “I seemed to be trying to build a case.�?SPAN>  He also said that, “I wasn’t going to get what I wanted.�?SPAN>  I ask him to tell me what I wanted, and after he collected himself he said, “Well, what you want is what’s best for your child.�?SPAN>  Mr. Freas suggested a minor wording change by me regarding a suggestion I made to my daughter that she owed her mother an apology.  Although my ex wife made several derogatory comments about subjects ranging from what I do for a living to my overall value as a parent, Mr. Freas said nothing about it.  He had clearly sided with my ex wife on each issue.  Mr. Freas focused on me and not the mother.  This was not a counseling session.  I expressed in writing that I would attend with the hope that he would be able to reason with my ex wife about the situation.  Mr. Freas also suggested repeatedly that I was the cause for the mother’s minor problems with her daughter.  I have suggested in writing to both Mr. Freas and my ex wife that it appears they expect perfection from this child.  I informed Mr. Freas in writing that he will not meet with my daughter until he explains to me exactly what he hopes to accomplish. Regardless of that fact, he said he wanted to meet with her again.  These examples show that Mr. Freas is placing his personal interest and values ahead of my daughter’s welfare.  Mr. Freas almost pleaded with me to see that my daughter thought someone could die if they got divorced.  Given the fact that no one else ever heard it before, I can only conclude that my daughter was coached to say it.  I suggested that there have to be less demanding alternatives for this mother and daughter to work out the minor problems.  I suggested that my ex wife could call me if she was having problems, Mr. Freas said this wouldn’t be a good idea, then he gave me an information sheet on Coping with Divorce which contains the same suggestion I made in the first place �?parents meet with the kids together.  During this meeting, Mr. Freas suggested that I should lie to my daughter about the divorce �?that I should not communicate that my values or I should hide them from her.  This is clearly imposing his values upon my daughter and me.  For me divorce is wrong, period.  If my daughter inherits that value, fine.  I also expressed that I believe we are doing well.  Mr. Freas made derogatory and inflammatory statements that did not work to promote my daughter’s welfare.  All he did was tell my ex wife to fight me because she’s going to win, in his opinion.  Mr. Freas also suggested that I should just trust him, and that possibly the problems the mother is having comes from me.  That I believe trust is earned and not just given freely is causing the mother problems with her child.  At the end of the meeting, I told Mr. Freas that he would not meet with my daughter again.

-        I am a recovered alcoholic.  I have not drunk for the purpose of effect for over sixteen years, and I am a member of Al-Anon.  My ex wife was an alcoholic but now only attends Al-Anon.  Background on the family for a child this age seems reasonable to me, however it does not give my consent to counseling.  If Mr. Freas is going to document background information about us, he is required to document it accurately.

-        The progress notes for March 31 are misleading and inaccurate.  They do not represent the facts of what happened.  During that session, I suggested my daughter tell Mr. Mike what she did regarding taking her dog out for potty.  The story goes: came to me one day and told me that she had lied about watching to see if her dog really went potty.  I praised her for her conduct and told her that the truth is always better.  This is not documented in the progress note except for the interpretation that the child lied about taking care of the dog.  Although, she did lie, she also corrected herself without any adult prompting and Mr. Freas did not document that way.  This progress note is important to me because it shows where my focus is at during this session.  When Mr. Freas “PUSHED�?about her feelings about the divorce, I asked her a simple question, �? are you responsible for the divorce?�?SPAN>  My daughter looked Mr. Mike right in the eyes and with a wonderful tone and said, “oh no, it’s not my fault.�?SPAN>  Mr. Freas confirms this happens by stating, “Pt understands that divorce is not her fault…�?However, he adds the phrase, “…and that parents will not fight in front her.�?SPAN>  We did not talk about the parental situation until the end of the meeting where I express to Mr. Freas that ex wife’s attitude has improved greatly over the past several months.  I do not put in the middle nor do I fight with her mother in front of her.  During this session, as Mr. Freas continued to “PUSH�?her with comments about her ability to listen, control herself, and express her feelings, I was forced to come to the defense of my daughter.  I reminded her that she was a great kid and that Mr. Mike wasn’t asking her to be perfect.  I tried to explain to my daughter what exactly was happening.  In the last part of this treatment plan, “Pt will just relax and be a kid who listens + learns to do right things…�?Mr. Freas has conformed to my language to in this session --  “You’re a good kid�?don’t have to be a perfect kid�?you’re a great kid…�?Each time Mr. Freas implied perfection is required from my daughter; I reminded her that she was a good kid.  He picked up on the “kid�?language in the progress note.  talked about how she relaxes when she gets hungry, angry, sleepy, upset.  Anyone could ask my daughter what I say to do when she feels these things.  Her reply will be one of two things, be more careful or breathe deeply.  Mr. Freas then said this was a very good method to relax �?breathing deeply.  And, therefore he writes in the progress note, “Pt will just relax…�?This session was a waste of time.  My daughter learned nothing new.  I don’t need counseling.  Basically, what it seems to come down to is that Mr. Freas feels he’s helping my daughter by telling her to relax.  I even had to remind Mr. Freas that we don’t expect true impulse control until early adulthood.  Because of my concern over this meeting, I produced a letter to Mr. Freas describing my wishes.  He did not respond to my concerns.

-        Mr. Freas is aware I don’t want my daughter to see him anymore.  He has not discussed the alternatives or possible consequences for this decision, as he is required to do.

-        The file was incomplete because it didn’t contain the court.  Mr. Freas did not release a complete copy of the file to me, and he did not document the reasons why.  I did not receive a copy of the Court Order, or a copy of my daughter’s insurance card.  Mr. Freas is required to make a notation as to the reasons why the complete file was not released.  Because notations were not made to the case file, I have no idea if Mr. Freas omitted any other information from the file.

-        Mr. Freas miscoded my daughter for reimbursement purposes.  Even if I give him the benefit of the doubt, he has not corrected this situation, as he is required to do.  If Mr. Freas is trying to counsel the parents and receive payment from the insurance company as some sort of favor to us, this is still inappropriate.  Mr. Freas’s responsibility here is to my daughter.  If Mr. Freas felt that the parents needed counseling, he is required to make that known, advise the parents to our alternatives and consequences and let us make our own choices.  He is required to receive informed consent by the parents to engage in any counseling of the parents.  Furthermore, the meeting he had with us was billed to the insurance company.  His client was not present.  Actually, I thought it was going to be a Pro Bono thing.

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In conclusion, I have just begun my effort to report these problems.  I will put Mr. Freas on written notice that he is no longer to see my daughter.  If anyone wishes to counsel my daughter in a doctor’s office, the reasons will be better than telling her to relax and listen to learn.

I have tried my best to edit my emotion, but that is hard.  I am angry about this situation and I feel violated by Mr. Freas.  If you look at this file, you can’t find one positive remark about me.  Not one correction.  I didn’t choose his career for him, and Mr. Freas has an obligation to work within the standards and ethics of a social worker.

Mr. Freas is called to a high standard that places the burden on him.  He has potentially damaged my ability to make changes for my daughter.  At the least he has guaranteed my ex wife will not seek resolution with me and fight me in Court.  Something I wished most of all to avoid.  I made the mistake and assumed that if Mr. Freas had good data, he would do what is right in this case.  I was wrong.

I expect you will need more source documents from me to support my claims.  I don’t expect you’ll find my letters in the file.  Maybe I am wrong.  But, if you need anything from me to expedite your inquiry into these allegations, please call me anytime at.

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Sincerely,

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Mr. JFO

Father

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