Timothy O'Clair
Following is a very powerful piece in today's MHANYS Friday
Fax that tells the heartbreaking story of Timothy O'Clair and his
extraordinary family....and underscores the critical importance of getting
mental health insurance parity legislation passed in Albany this year. NYAPRS
is working closely with our fellow advocates to press for state adoption of
'Timothy's Law'.
Life, Death and Discrimination
Seven weeks before his 13th birthday, Timothy O’Clair completed his suicide.
The youngest of three children in his Schenectady family, Timothy hung himself
in his bedroom closet on March 16, 2001.
Timothy was a typical boy, but problems began to develop in his life as he
grew, beginning with attention issues. By age seven, he was becoming easily
frustrated and developing a serious temper. By the time he was 8, his family
and his school knew he needed help.
His parents, Tom and Donna O’Clair, sought help, and quickly learned that
access to mental health services in our state is unequal and discriminatory.
Timothy’s pediatrician referred the family to a psychological group, and a
psychiatrist. For four years, the family worked together, as well as
separately with the psychologists, keeping their family together.
Although the family’s health insurance was through Mr. O’Clair’s employment
with New York State, they quickly learned of the discrimination against mental
illnesses (and chemical dependency) in coverage. Their policy, through Capital
District Physicians Health Plan, allowed only 20 outpatient visits a year for
the psychiatrist and psychologist combined. While both their physical health
and mental health insurance co-payments were $10 per visit initially, mental
health visits became $35 each after just a few visits. The visits became very
expensive, as the family quickly used up their coverage limits and began
having to pay all of it themselves. Each year, they would experience the same
spiraling cost trend.
When the O’Clairs were able to access care and services, they found the
treatment they attained to be high quality. The problem was that it was
limited and sporadic, available only as insurance and the family budget
allowed.
At the end of fourth grade, Timothy began to refuse attending school. In 1998,
Timothy had his first inpatient admission at Four Winds Hospital. After
throwing rags into their home furnace the week before Christmas, Timothy was
admitted to that psychiatric hospital for a week and a day. The insurance
company stopped paying for the hospitalization, and Timothy went home.
While at Four Winds, the family was connected to County Social Services. The
family worked with DSS for two years, at one point filing a PINS petition
against Timothy, to get him to go to school.
Over the years, Timothy was diagnosed with Depression, Attention Deficit
Hyperactivity Disorder, and Oppositional Defiance Disorder.
In Spring 1999, shortly after the shootings at Columbine, Timothy, then in 5th
grade, pushed back a school bathroom ceiling tile and climbed in. The family
continued to pursue outpatient treatment, but because of the cost, and the
need for the entire family, they couldn’t go as often as necessary.
With Timothy spiraling downward, the O’Clairs reached out again to County DSS.
Timothy was hospitalized at Ellis hospital for a week, and then went home
again.
Things in the O’Clair home grew steadily worse, and the family became
concerned for their safety. They needed residential care for Timothy - care
that simply was not available through their health insurance.
They decided to place him in foster care. In New York State, when a child goes
into foster care, they automatically become eligible for Medicaid, which will
pay, at taxpayer expense, for all of the services insurance companies refuse
to provide.
For nine months, the O’Clairs placed Timothy in shared custody. This meant the
government would decide with whom Timothy lived. It also meant the O’Clairs
would pay statutory child support to the state of New York. For six months,
the O’Clairs had a percentage of their salary, hundreds of dollars, taken out
of every paycheck.
Timothy bounced around the system - his first three days were with a foster
family that the O’Clairs found completely unacceptable. After that, it was a
state run temporary residence in Albany, and then a respite/foster home in
Altamont. After about a month in the foster care, Timothy returned home, while
the O’Clairs waited for a residential placement spot in a state program to
open up. After a few months, one did - in North East Child Parent Society. He
was there from June of 2000 until January of 2001.
He came home from Northeast on his mother’s birthday. For three weeks, he did
well. Although the family continued to participate with their psychologist and
Four Winds Hospital, things began going downhill again.
He was again violent, and it all came to a head the night he died. He refused
to take his medications. He broke all the trophies he had received over the
years, which he’d collected in his room. He dumped all his dresser drawers and
the clothes in his closet on his bedroom floor. He told his brother he’d kill
himself, as he had threatened suicide many times before. The family did not
know how serious he was.
While his father was working and his mother was out with one of Timothy’s
brothers, Timothy was home with his oldest brother, then 16. When Donna
returned home, she found that Timothy had hung himself in his bedroom closet.
His mother and one son got Timothy down and called 911, but Timothy was gone.
Even after his death, the family continued to pay child support to cover his
stay at Northeast, and were still paying Ellis Hospital for emergency room
visits that their insurance refused to cover. The family had to go to Family
Court to get the child support garnishment stopped.
The family trauma and agony continues to this day....
Together the family lives with a haunting reality. If New York had equal
insurance coverage for mental health and substance abuse services, which would
cost New Yorkers only pennies a day --- $1.26 per month --- Timothy could have
gotten the treatment he needed, and his brother would be receiving the
treatment he needs today.
Timothy’s Law Campaign: From this tragedy springs the underpinnings of an
effort to accomplish something that has frustrated us for years - the drive to
adopt mental health and chemical dependency parity in New York State. Tom and
Donna O’Clair, thanks to the commitment and loving support of our colleagues
at Samaritan’s Suicide Prevention Program, have stepped forward to lend their
strength and drive to changing the law that allows children with such huge
needs to go without treatment and services.
Calling the effort the Timothy’s Law Campaign (hoping that a little “TLC” will
help get our mission accomplished), the O’Clairs will be joining MHANYS and
Samaritans for our first ever joint legislative conference.
The O’Clairs and the Albany based advocacy groups can’t do this alone. The
Timothy’s Law Campaign needs your help......
Source: MHANYS Friday Fax
This 'Mental Health E-News' posting is a service of the New York Ass'n of
Psychiatric Rehabilitation Services, a statewide coalition of people who use
and/or provide community mental health services dedicated to improving
services and social conditions for people with psychiatric disabilities by
promoting their recovery, rehabilitation and rights.
To join our list, e-mail us your request and, where appropriate, the name of
your organization to NYAPRS@aol.com.
Last Updated on
04/08/04
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