Ellencee or hmmbrdzz

[Whyte Noise]

What is the name of your state? Missouri/Georgia

I posted this over on the child custody forum too, but I wanted to put it here so you guys could possibly offer and answer...???

What are the legal ramifications for medicating a child with meds that are prescribed to another person?

My son is ADHD. Father hasn't taken him to psych or counseling in over 2 years now. I go get my children tomorrow for an entire year. Permanantly if I have any sayso about it. Anyways, ex told me Saturday when I talked to him that his mom had found this stuff called "Liquid Health" for ADHD kids, and that he was gonna try that on my son. I told him I didn't like that idea, but he has final decision making power for the moment, so he did it.

Today when my father went to get them (he's meeting me halfway with them since my EX wouldn't) They gave him a bottle of pills for my son to take. Ex's mom said she found something "stronger" for my son, my dad said. Told him they give him 2 at a time, and that if he needed more, to just give him 2 more, but not to give it to him after 5 PM. My dad asked me about the dosage, and I told him I have no idea, I don't even know what it is. So, he got the bottle and read it off to me... the name of the med is Methylin ER, 5mg. Instructions on the bottle said give one pill at 4 PM. THEN, my dad told me that it wasn't even my son's medication, it was a Rebecca somebody! I have NO CLUE who this person is.

I looked up Methylin ER on the net right fast, and it's basically extended release Ritalin. Thats why it's only given once, at 4 PM I guess. I told my dad to NOT give my son this medication. I had no idea who it was prescribed for, it wasn't prescribed for my son at all, EVER, and giving him 2 pills at once, then more "if he needs it" just plain out doesn't follow the dosing instructions on the bottle anyways.

Maybe I'm being a paranoid mom here, but uhm... isn't something like that illegal? Especially since Ritalin is a controlled substance anyways???? This is just the latest in a string of issues like this with my ex....

Hi BCLM. Yes, what you have just described is illegal down several avenues. It’s illegal for whoever is possessing that bottle of Ritalin without a Rx to be possessing it, and it’s illegal for whoever is giving it to the child without a Rx to be giving it. These would be felony offenses. As you probably know, children and adults use Ritalin illegally -- sort of like cocaine. Ritalin prescriptions are way up and illict, unprescribed use of it has fast become a public health nightmare. The DEA has ranked this drug among one of the top stolen prescription drugs in America.

What you have described is also incredibly dangerous for your child -- deadly dangerous. If you don’t report this to the authorities, you and/or your family could (at some point) be implicated right along with the father and/or whoever else is responsible for this illegal dispensing of Ritalin to a child. The father has already implicated your family because he has given the illegal bottle of Ritalin to your family with instructions on how to give it to the child. Regardless if you have given the child a pill or not, I would advise you to call the doctor’s office, tell them what's up, follow their instructions (which might be to take the child to the ER with the bottle of Ritalin), call the police and advise them of your knowledge, what you have done about it, what you have been instructed to do by the doctors, etc. There will be an investigation. I'm not an attorney, and while my main concern in this note regards the child's safety, you also need to be aware that this can potentially open you up to some legal problems. Having said that, I would also advise you to consult an attorney.

Best of luck to you.


hmmbrdzz

[ellencee]

Without disagreeing with the previous response, I'll throw in my two cents, which you can expect to be the same old same old from me--stay out of court and away from the 'law' as much as you can.
In your situation, I'd take my son to the doctor to make sure my son was OK from having taken the meds and to get the incident documented in his medical records. Then, I'd move on to enjoying having my son with me. Later, if need be, I'd have the medical record brought into play at the time of any change in custody hearing (if my attorney wanted it).
Then, I'd treat my child like a child and let him run and play, stay out of large daycares, away from the TV, etc. and see if the AHDH didn't go away.
I'm very much in favor of natural remedies, herbal supplements or by limiting artificial colors and dyes. I've seen many children's behaviors improve once their diets were cleaned of artificial colors and dyes and especially after being removed from large daycare settings. I'd try these methods before I'd put my child on any medications.
As far as wanting to beat the father and his family over their heads with a legal stick, I'd let it go. Why create more trouble and more disharmony? You won't be teaching them a darn thing and you won't be righting a wrong. You'll just be proving your point at the expense of your peace of mind and that of your child.
Best wishes,
EC

[Whyte Noise]

Ellencee, it's not about proving a point. This is just ONE point in many.

My son is supposed to be on medicine and in counseling for this. Been threatened with expulsion from school because of cussing out teachers and all. Lot's LOTS more...

My kids haven't seen a dentist in 3 years since they've been with their dad. My youngest daughter is asthmatic, and is to be on daily meds. She hasn't seen a pediatrician since May of 2000. I got to Nashville today to get my children, and my daughter was wheezing badly. No Albuterol with her whatsoever because she hasn't had any since we split. My ADHD son also has allergies and was on Claritin and Flonase. Of course, he hasn't been on that with his father. Today, his nostrils are red, bleeding, scabbed over, his eyes are swollen . Any medication for this? Of course not.

Now, my ex is giving my son Ritalin prescribed for someone that I don't even know. Hello?!?!?!?!

I tried the herbal route before he ever even got on the Ritalin. It didn't work. No red food dyes, diet and caffiene free drinks, etc. High carbs... I've gone that route. It's not the fact that my ex gave my son Ritalin because he was on it for over 2 years. It's the fact that he gave my son a controlled substance that wasn't even prescribed for him. I did find out today that the prescription was for an ADULT friend of their stepmothers. Thats where she got it from. And no... I do NOT appreciate the fact that they put my son on this Liquid Health, or gave him someone elses meds. It's just one thing though in a LONG list of things my ex has done.

Hi BCLM: I don't know what other problems you are having with the ex, and in all honesty -- I truly don't think it matters with respect to your original question. What your ex has been doing with this Rx is illegal. He has put you in a bad place because you now know about, and the child needs to be seen by the doctor. Lying to the doctor about it is not a good thing to do. You need to be truthful with the doctor, and when you are truthful -- the doctor may very well feel compelled to involve authorities no matter what you desire. Someone who is giving your child this drug without a prescription is not the one who needs their legal welfare considered. They need to be stopped. If you're in a custody battle, then by all means -- talk to your attorney.


hmmbrdzz

[Whyte Noise]

I did call the local police Sunday, and an officer came out and made a report. I photographed the bottle and the letter they'd sent with it as well. I knew they'd take the medication, that's why I photograped it. (And yes... this is all for court.)

I took the kids to the doctor on Wednesday. That's the soonest I could get in. My youngest was prescribed Singulair, Claritin, Penicillin, and Albuterol. The "ringworm" is a viral infection. My oldest daughter was prescribed Claritin, Pennicillin, and another med that I can remember the name of... RENsomethingorother, which is for her allergies. My son was prescribed Claritin, Penicillin, Bactriban ointment and Flonase. (His nose and ear now have turned into impetigo.... ) They were also each given an antibiotic shot at the doctor's office.

My son's appointment with the psychiatrist isn't until the 26th. That's when I'll talk about getting him back on his ADHD meds. I did voice my concerns to the doctor they saw Wednesday though. He also asked me why these things weren't treated before now. And yes... I told him the truth. They were with their father, not me. I couldn't treat them until now and their father didn't deem it necessary I guess.

I have dental appt's set up for them on the 13th. My son has 6 cavities, and half of one of his molars is missing. (broken off) He's also more than likely going to need braces. His teeth are awful... but, I'll cross that bridge when I come to it.

Oh, another note on the police report... If I want to pursue charges, I'll have to do that through Georgia since that's where it actually happened. I told them I didn't really want to do that, I just wanted it documented to cover my butt in case anything ever came up about it. I know the officers and the detective here and they were understanding about it. We'll just see how it goes from here.

Thanks for the input guys.