Wednesday, April 24, 2013

Facebook Posts Help Indentify hit-and-run Driver Who Killed Little Girl in 1968

Four-year-old Carolee Sadie Ashby was killed by a hit-and-run driver in 1968. On Wednesday, police said a Facebook post helped identify the driver as Douglas Parkhurst, 62.

Four-year-old Carolee Sadie Ashby was killed by a hit-and-run driver in 1968. On Wednesday, police said a Facebook post helped identify the driver as Douglas Parkhurst, 62.

 

FULTON, N.Y. - Authorities say a Facebook posting has helped police figure out who was driving a car that fatally struck a 4-year-old upstate New York girl 45 years ago.

The Fulton Police Department says Wednesday that 62-year-old Douglas Parkhurst has been identified as the driver of a car that failed to stop after hitting Carolee Sadie Ashby on Halloween night in 1968. Police say he won't be charged because the statute of limitations has expired.

Police say Carolee was crossing a street with her 15-year-old sister and cousin when she was hit. The driver was never caught.

Authorities say a former Fulton resident living in Florida provided Parkhurst's name after reading a retired detective's Facebook post about the cold case.

An Oswego County phone number for Parkhurst has been disconnected.

 

 

Read more: http://www.nydailynews.com/news/national/hit-and-run-killer-girl-identified-article-1.1326271#ixzz2RQIrBSlM

 

 

 

 

 

Child Protective Services takes custody of infant, 4-year-old found in apartment with meth lab

image

Michael Langley, 29, arrested Tuesday

Posted: 03/28/2013

Last Updated: 26 days ago

TheIndyChannel.com Staff TheIndyChannel.com Staff | Email Me

BLOOMINGTON, Ind. - Child Protective Services took two children into custody after they were found in a home with an active methamphetamine lab.

Indiana State Police said a 4-year-old and an infant less than 30 days old were in the apartment in the 1400 block of North Arlington Park in Bloomington while meth was being manufactured there.

Michael Langley, 29, of Bloomington, was arrested Tuesday in connection with the meth lab, police said.

Investigators said Langley had an active warrant stemming from a 2012 arrest for manufacturing meth.

http://www.theindychannel.com/news/local-news/child-protective-services-take-custody-of-infant-4-year-old-found-in-apartment-with-meth-lab

Toddler crushed to death by door while playing


The Atlanta Journal-Constitution

 Toddler crushed to death by door while playing photo
 Talasia Hamm died Monday when a burglar door fell on top of her at the apartment complex where she lives. Family photo

Talasia Hamm was a typical 18-month-old girl. Inquisitive and happy, especially while stomping her feet or exploring.
It was that curiosity that ultimately led to her death Monday afternoon as she played outside the southwest Atlanta apartment where she lived.
Talasia spotted a cat and wanted to get closer, her father told The Atlanta Journal-Constitution. She wandered just out of her grandmother’s view. And somehow, she managed to knock over a large burglar door that had been propped against a wall near an apartment being renovated.
“I was sitting on the porch on the phone with my wife when I heard a cry and the sound of metal hit the ground,” a neighbor, Mario Miller, said Thursday.
Miller ran to help the girl, who was under metal weighing at least 50 pounds, he said.
“I had to struggle to pick it up,” Miller said.
Talasia’s grandmother called 911 and then the girl’s father, Justin Hodges, who ran outside to find a neighbor holding his only child. Talasia seemed to be in and out of consciousness as her shocked family and neighbors looked on, Hodges said. Miller put ice on her head.
Rather than waiting for paramedics to arrive at the Macon Drive complex, family members put Talasia in the car and drove to the nearby intersection with Cleveland Avenue, where firefighters and police met them.
“I’m literally giving my baby mouth-to-mouth resuscitation,” Hodges said. “It was a hit to the heart.”
But it was too late for Talasia, who died from her injuries after being flown from Grady Memorial Hospital to Children’s Healthcare of Atlanta at Egleston.
No criminal charges are expected to be filed in the toddler’s death, which police believe was a tragic accident, Officer John Chafee with Atlanta police said.
At the apartment complex Thursday afternoon, the toddler’s father remembered the little girl who loved to have fun.
“She liked to get into stuff,” Hodges said. “And she had this cute little dance she did, rocking side to side. She liked to stomp her feet and have a good time.”
Funeral arrangements had not yet been finalized. Anyone wishing to contribute to the child’s funeral should visit any Wells Fargo branch and donate to the Tanasia Hamm Memorial Fund.



http://www.ajc.com/news/news/toddler-crushed-to-death-by-door-while-playing/nXQd3/

152 Georgia Children Died With Agent History



The Atlanta Journal-Constitution

The tally is in: 152 children died in Georgia last year whose families had a history with the state child protection agency.
But whether that’s an increase or decrease from previous years, agency officials can’t say. They dismiss past years’ figures as inaccurate. And though they say they’ve improved their data gathering, they acknowledge that even the 2012 accounting may not be complete.
That doesn’t satisfy some Georgia’s child welfare advocates, who believe the measure is key to assessing the agency’s performance.
“In order to spot trends you have to have good numbers,” said Normer Adams, the former executive director of the Georgia Association of Homes and Services for Children. “If you don’t know what the number is, you can’t compare one year to the next.”
Officials at the state Division of Family and Children Services, who reported the 2012 fatality numbers last week, said getting an exact count is not the most vital thing.
“The number should not be used as a scorecard,” said DFCS communications director Susan Boatwright. What’s important, she said, is that DFCS is doing more to understand why individual children died after their families came to the agency’s attention. Such case reviews, she said, “improve our practice, because (what matters) is that the children are safe and that our work continuously improves.”
Over many years, DFCS has been criticized for shortages in staffing, bouncing children from foster home to foster home, and losing children’s records. The state settled a lawsuit in 2005 that demanded improvements in the state-run foster care in Fulton and DeKalb counties.
In addition to those deficiencies, the state’s tracking of child deaths has long been suspect, said Douglas County Juvenile Court Judge Peggy Walker. In addition to incomplete reporting, she said, the agency was hobbled by outdated computer systems.
Last year, The Atlanta Journal-Constitution reported what appeared to be a spike in deaths among children whose families had come to the attention of DFCS. For 2011, DFCS had reported 92 deaths; as of September, the tally for 2012 stood at 120.
At that time, state Human Services Commissioner Clyde Reese warned against drawing any conclusions based on the 2011 figure. “I don’t think that number is particularly accurate,” he said.
However, Dee Simms, the former head of the state Child Advocate Office, said it should not be difficult for DFCS to compile complete statistics. The agency is required by law to assign a representative to serve on a panel for each county that reviews children’s deaths.
Under the law, which dates to 1990, the county coroner is charged with informing the panel of each death of a child and determining whether the death was unexpected or suspicious and thus subject to review.
Until recently, though, DFCS workers didn’t consistently attend such county-level meetings, said Walker, who serves on a statewide committee that reviews reports from the county panels. That’s improved over the past year, she said.
“It’s been made clear that it’s a vital part of their job to be there,” Walker said.
Boatwright said DFCS has also designated a unit at the state level to coordinate the data gathering.
“The way we collect the information is different,” she said. “There is a standard process around how to send the information in, what to collect … who to send it to and what will happen when it is received.”
When DFCS learns of a child’s death, employees review the agency’s records for the past five years to determine whether it had previous contact with the family. Such contact can take many forms: referring a family to local social services; temporarily removing the children and placing them in foster care; or, in the worst cases, asking a court to terminate the parents’ parental rights.
A child’s subsequent death raises the possibility that DFCS mishandled the case, perhaps by not removing a child from a dangerous household or by removing a child but returning him or her too soon.
In 2012, the AJC reported on the case of a 4-year-old boy in Fulton County who died of alleged abuse while DFCS was involved with his family. Three agency workers were fired when it came to light that a caseworker had not visited the family in about two months. Caseworkers are supposed to visit each child at least once a month.
Agency officials also acknowledged that DFCS had done too little to protect a teenage girl in Smyrna who starved to death. DFCS had investigated the family in 2010 after the malnourished girl was discovered camping out in a Walmart store. But the girl’s mother resisted caseworkers’ efforts to compel her to place her children under a doctor’s care, and the case was later closed.
Boatwright said that now, each time a child dies whose family had contact with DFCS, officials at the state level review the case with county DFCS staff.
Walker said that kind of analysis is vital. “You can’t begin to allocate resources unless you know what the issues are,” she said.
Each year, the statewide Child Fatality Review Panel is required to submit a report to the governor and top legislators on “the prevalence and circumstances” of children’s deaths, including whether any agency was aware that the children were at risk and what might have been done to prevent them from dying.
County coroners or medical examiners attributed about half the deaths DFCS reported last week to natural or accidental causes. Eighteen were ruled homicides, including six from head trauma, five from gunshot wounds, two from stabbings and one each from asphyxia, traumatic brain injury and an incident involving a motor vehicle. In two cases, the exact cause is still pending.
Six deaths were ruled suicides. Thirteen children died while they were in foster care, but none of those was a result of neglect or abuse. Several of the children were seriously ill or had suffered injuries before entering the foster home.
The report sheds light on several troubling trends, Walker said. For example, 13 children suffocated while in bed, and seven drowned. A multi-agency campaign is under way to educate parents on these hazards.
Walker said that, gaps in its record-keeping notwithstanding, DFCS’ performance has been improving.
But Simms, who now practices law in Bibb County juvenile court, worries that gaps in the death statistics could mean gaps in knowledge, knowledge that could help keep other children safe.
“What could possibly be worse than a child dying who didn’t have to die?” she asked.











http://www.ajc.com/news/news/state-regional-govt-politics/dfcs-report-152-georgia-children-died-with-agency-/nXRdJ/

Monday, April 15, 2013

Candice Lassiter And Craig Smith, Social Workers, Charged In Aubrey Kina-Marie Littlejohn's Death





 By MITCH WEISS 04/13/13 10:57 AM ET EDT AP

BRYSON CITY, N.C. — In a case that stunned this North Carolina community, trials are set to begin Monday for two social service workers accused of trying to cover up the agency's role after a child's death.

Candice Lassiter, 30, is charged with three counts each of obstruction of justice and forgery related to the police investigation of 15-month-old Aubrey Kina-Marie Littlejohn's 2011 death. Craig Smith, 28, is charged with three counts of obstruction of justice in the death of the girl, a member of the Eastern Band of Cherokee Indians. Lassiter and Smith worked for the Department of Social Services in Swain County – where part of the Cherokees' sprawling reservation lies.

Prosecutors say that after Aubrey's death, Lassiter ordered Smith, a subordinate, to falsify records to make it appear that the department had done a thorough job investigating allegations that the girl had been abused.

The case is unusual. Social workers are rarely charged in connection with the death of a child under their supervision, said Doriane Coleman, an expert on children's law at Duke University Law School.

Even then, she said, "the usual facts are the little kid died, the social workers knew something about it and didn't take care of it."

"This is a case where social workers are accused of falsifying documents and obstructing justice after the fact. They're not being prosecuted for failure to take care of the little girl while she was alive. They're being prosecuted for ... what they did after she died to protect themselves," Coleman said.

The death of Aubrey polarized western North Carolina and sparked anger in the Native American community. She died after she was rushed to the hospital by great-aunt Ladybird Powell, who began taking care of Aubrey in 2010, shortly before the toddler's mother reported to jail in a marijuana-trafficking case. Powell told doctors she had put the girl to bed and, when she checked on her a few hours later, she wasn't breathing.

A state medical examiner said Aubrey died of undetermined causes, but noted bruises and broken bones.

Some in the tribe say the Department of Social Services didn't do enough to protect her. Led by Aubrey's great-aunt, Ruth McCoy, family members and friends pushed police to investigate.

An Associated Press investigation found that police and social workers had been aware of reports that Aubrey was being mistreated while she was staying with the woman. Powell, 39, of Bryson City, has since pleaded guilty in the child's death and was sentenced two months ago to 12 years in prison.

Lassiter and three other DSS workers were suspended with pay. Tammy Cagle, the agency's director at the time, was fired for what county officials said were unrelated reasons.

Lassiter's attorney, Zeyland McKinney, did not return telephone calls this week.

Smith resigned from the department shortly after Aubrey's death and has started a landscaping business. His attorney, Rodney Hasty, said Thursday that he couldn't discuss the case. But he said Smith is "working hard. He's put his head down and trying to get through this the best he can."

David Wijewickrama, a lawyer representing Aubrey's estate, has filed two lawsuits in connection with her death, at least one of which names the county DSS as a defendant, along with Lassiter, Smith and five other current and former social workers.

The lawsuit asks for more than $10,000 in damages, and accuses Swain County of not doing enough to protect Native American children.

http://www.huffingtonpost.com/2013/04/14/candice-lassiter-craig-smith-social-workers-babys-death_n_3079938.html






Understanding and Calculating Alimony in Arizona

Who gets alimony (spousal support) after a divorce in Arizona? How much will it be? Alimony is money that one spouse pays to the other for support either during or after a divorce (or both). In Arizona, alimony is called "spousal maintenance." When spouses separate, one person may be unable to pay for regular living expenses, in which case a judge may require the higher earner—whether that is the husband or the wife—to assist the lower earner financially for at least some period of time. Types of Spousal Maintenance in Arizona A judge in Arizona may award temporary—or "pendente lite," meaning pending the final divorce—maintenance during divorce proceedings. When the final order is entered, the judge may also order either temporary or permanent maintenance for a period of time. An order may direct one spouse to pay the other a lump sum, or more commonly, a monthly amount for a specific length of time. Permanent spousal maintenance is becoming increasingly rare. Even after longer marriages, courts mostly tend to look at maintenance as rehabilitative—in other words, put in place temporarily to allow a spouse to find a job or obtain training and education to improve employment prospects. In some situations, a court may award limited maintenance as reimbursement to a spouse who contributed to the advanced education and earning capacity of the other spouse. Courts generally award permanent maintenance only to spouses who are unable to become self-supporting—due to age or disability, for example—and even then only after long marriages. A couple can always agree between themselves to provide one spouse with long-term or permanent maintenance if both agree that this is fair. Eligibility for Maintenance To award spousal maintenance, a court must find that one spouse has financial need and the other has the ability to pay. An Arizona court may determine that need exists if one spouse: does not have enough property—even after the marital distribution—to provide for reasonable needs contributed to the other spouse’s educational opportunities, or is unable to be self-sufficient through appropriate employment. Whether a spouse is able to be self-sufficient through employment requires the the judge to consider additional factors, including the current labor market and the spouse's existing skills and experience. Arizona courts give special consideration to older spouses who served as homemakers during long marriages, who commonly find that age and years out of the job market make it very difficult to find work that supports a lifestyle comparable to that enjoyed during marriage. A spouse who is the custodian of a very young child or a disabled child may not be required to seek immediate employment outside the home due to the needs of the child. A court that finds spousal maintenance appropriate will set the amount and duration of the award after considering all relevant factors, including: the marital standard of living the length of the marriage the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance the paying spouse’s ability to meet the financial needs of both spouses the spouses’ comparative financial resources and earning abilities contributions of the spouse seeking maintenance to the other spouse’s earning ability the extent to which reductions in income or career opportunities of the spouse seeking maintenance benefitted the other spouse both spouses’ ability to contribute to their children’s future educational costs other financial resources available to meet the needs of the spouse seeking maintenance, including an award of marital property educational or training opportunities available to the spouse seeking maintenance and time required to take advantage of any such opportunities either spouse’s excessive spending, or destruction, concealment, or fraudulent disposition of jointly held property costs of health insurance for each spouse, and any damages and judgments from a spouse’s conduct that resulted in criminal conviction, if the other spouse or a child was the victim. Although some courts in Arizona have experimented with using formulas to compute spousal maintenance, an Arizona judge who consults a formula must still consider all of the factors outlined above. After taking such factors into account, a judge has discretion in deciding what amount to award, or whether to award any amount at all. Termination or Modification Couples may enter into their own agreements either waiving maintenance entirely or providing that neither will seek any changes to maintenance in court. Unless they make such an agreement, or unless the final divorce order says otherwise, either spouse may request a court to modify or terminate periodic payments due to a material change in circumstances. Payments end when the term of an award expires, when the recipient spouse remarries, or upon the death of either spouse. Tax Effects Periodic maintenance payments are usually taxable to the recipient and tax-deductible by the payer. Couples can sometimes take advantage of this situation by structuring payments to create the best possible tax scenario for both spouses. The IRS generally treats lump-sum payments as property distributions even if the court or the couple refers to the payment as maintenance or alimony. Under these circumstances there would be no tax effects for either spouse. Arizona Revised Statutes 25-319 http://www.divorcenet.com/resources/divorce/spousal-support/understanding-and-calculating-alimony-ar

Spousal Maintenance

An award of spousal maintenance, (sometimes referred to as "alimony"), is discretionary with the Court and depends on many factors. Generally, spousal maintenance is not awarded for marriages of short duration (for example, less than five years), but this is not a hard-and-fast rule. While the length of marriage and the earnings of each spouse are important considerations, an award of spousal maintenance depends on the "reasonable needs" of the requesting spouse. Spousal maintenance is essentially a two-tiered inquiry. The first issue is whether one spouse is entitled to spousal maintenance. If answered affirmatively, then the second issue is the amount and duration of the award. A copy of Arizona Revised Statute �25-319, the Arizona spousal maintenance law, follows. Subsection A relates to the first inquiry, the issue of "entitlement." Subsection B relates to the second inquiry, the issue of amount and duration. A.R.S. �25-319: A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient. 3. Contributed to the educational opportunities of the other spouse. 4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. B. The maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including: 1. The standard of living established during the marriage. 2. The duration of the marriage. 3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance. 4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance. 5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market. 6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse. 7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse. 8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. 9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently. 10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available. 11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved. 13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified. D. Except as provided in subsection C of this section or � 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded. http://www.azcde.com/spousal-maintenance.php

Arizona Alimony Laws

State Arizona Resources Related Government Resources Yuma County - Arizona Arizona's Official Web Site In the event of a divorce, if either spouse does not have a separate estate, or if a spouses's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support, or in Arizona - spousal maintenance. Alimony is usually a monthly financial allowance paid by one spouse to another with its purpose being to offset any unfair economic effects of a divorce by providing a source of income to a non-wage earning or lower wage-earning spouse.   Spousal maintenance is not meant to be permanent in Arizona. The purpose of alimony is to be rehabilitative, meaning that it is meant to help the recipient spouse get back on their feet and become self-sufficient. Since it is common for both spouses to be wage earners, the awarding of alimony in Arizona is not extremely common, but it does exist.   To be eligible for alimony, spouses in all states, including Arizona, must have been legally married. According to lawyers.com, alimony can be awarded in Arizona based on the other spouse’s ability to pay, and it depends on a variety of factors, which include the following:   The contribution of the spouse seeking maintenance to the earning ability of the other spouse and the extent that the seeking spouse reduced his or her income or career opportunities to benefit the other spouse The time necessary for the spouse to acquire education and training for suitable employment  The spouse's future earning capacity The spouse's standard of living during the marriage The duration of the marriage The ability of the spouse providing maintenance to meet his or her own needs while providing the maintenance to the other The financial resources of the spouse seeking maintenance Any destruction, concealment, fraudulent disposition or excessive expenditures of jointly-held property The comparative financial resources of the spouses including their comparative earning capacities The age of the spouses The physical and emotional condition of the spouses The usual occupations and vocational skills of the spouses during the marriage The ability of both parties to contribute to the future educational costs of any children Any other factors the court may deem just and equitable   When considering spousal maintenance, Arizona courts also look at factors such as whether a spouse lacks sufficient property to maintain his or her needs, if a spouse must stay home with a young child and cannot support himself or herself with reasonable employment, whether a spouse supported the other spouse’s education during the marriage, and if the marriage was lengthy and the spouse has little or no chance of securing employment. Marital misconduct is not a factor when a court considers spousal maintenance in Arizona.   In Arizona, alimony awards are paid through the court, unless otherwise specified, and they are modifiable, meaning that at a later date, either party may request the court to raise, lower, or terminate the payments. Parties may also agree to make the spousal maintenance award non-modifiable. The terms of the divorce decree determine when the alimony will stop, although it will automatically stop in the event of the death or remarriage of the recipient spouse.  To review the full text of Arizona’s support statutes, go to justia.com.   http://www.freelegalaid.com/nav/arizona/divorce-and-family-law/article/arizona-alimony-laws

Family Law Research Guide: Arizona's Laws Concerning Marriage

What does Arizona require for a valid marriage? For a marriage to be valid in the State of Arizona it must meet 3 requirements enumerated in A.R.S. § 25-111: The issuance of a valid marriage license; A solemnization by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized; and The solemnization must occur before the expiration of the marriage license. Are common law marriages allowed in Arizona? Arizona does not recognize common-law marriages created within the state. A.R.S. § 25-111. However, Arizona does recognize common-law marriages that are validly contracted in other jurisdictions. A.R.S. § 25-112. Validity may depend on compliance with the requirements of the place where the relationship was established. Further, while Arizona does not recognize common-law marriage, parties who have resided together may have remedies in contract law to receive reimbursement for property purchased together and similar claims. What are “covenant marriages?” In 1998 Arizona attempted to strengthen traditional marriage by providing for “covenant marriages.” These marriages require a declaration of intent that the couple intends the marriage to be for life and an the submission of an affidavit that they have received specific premarital counseling on covenant marriages. A.R.S. § 25-901. Parties may convert an existing marriage into a covenant marriage by submitting to the court the required declaration and affidavit; no premarital counseling is necessary for conversion and no further solemnization need occur. A.R.S. § 25-902. While the process for seeking a divorce remains the same (see Divorce page), the grounds to dissolve a covenant marriage are stricter than for non-covenant marriages. See A.R.S. § 25-903 and the Covenant Marriage Divorce page. What is a prenuptial agreement? Arizona law defines a prenuptial agreement (also known as “antenuptial agreements”) as “an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.” A.R.S. § 25-201(1). Any such agreements must be in writing and must be signed by both parties and becomes effective upon the marriage of the parties. A.R.S. § 25-202. These agreements will not be enforced under certain circumstances, such as when one party is coerced into signing the agreement or if one of the parties was not given a fair and reasonable disclosure of the property or the financial obligations of the other party prior to signing . See A.R.S. § 25-202(C) for more details. Prenuptial agreements may be amended or revoked at any time by a written agreement signed by both parties. A.R.S. § 25-204. Prenuptial agreements executed prior to September 21, 1991, are governed by case law. Prenuptial agreements executed on or after September 21, 1991, are governed by the Arizona Uniform Premarital Agreement Act which is located at A.R.S. § 25-201 et seq. The format for a prenuptial agreement can be found in various forms under the Family Law Resources page.   Last revised:  20 October 2008 http://www.law.arizona.edu/Library/Research/Guides/familylaw/Marriage.cfm

Friday, April 12, 2013

Bikers Against Bullying

Bikersagainstbullying.org

3 teens arrested for assault after girl's suicide

By MARTHA MENDOZA AP National Writer SAN JOSE, Calif. (AP) - Eight days after allegedly being sexually battered while passed out at a party, and then humiliated by online photos of the assault, 15-year-old Audrie Pott posted on Facebook that her life was ruined, "worst day ever," and hanged herself. For the next eight months, her family struggled to figure out what happened to their soccer loving, artistic, horse crazy daughter, whose gentle smile, long dark hair and shining eyes did not bely a struggling soul. And then on Thursday, seven months after the tragedy, a Northern California sheriff's office arrested three 16-year-old boys on charges of sexual battery. "The family has been trying to understand why their loving daughter would have taken her life at such a young age and to make sure that those responsible would be held accountable," said family attorney Robert Allard. "After an extensive investigation that we have conducted on behalf of the family, there is no doubt in our minds that the victim, then only 15 years old, was savagely assaulted by her fellow high school students while she lay on a bed completely unconscious." Allard said students used cell phones to share photos of the attack, and that the images went viral. Santa Clara County Sheriff's Lt. Jose Cardoza said it arrested 2 of the teens at Saratoga High School and the third, a former Saratoga High student, at Christopher High School in Gilroy on Thursday. The names of the suspects were not released because they are minors. Cardoza said the suspects were booked into juvenile hall and face two felonies and one misdemeanor each, all related to sexual battery that allegedly occurred at a Saratoga house party. The lieutenant said the arrests were the result of information gathered by his agency's Saratoga High School resource officers. He said the investigation is ongoing, and Los Gatos police also continue looking into the girl's September suicide. The Associated Press does not, as a rule, identify victims of sexual assault. But in this case, Pott's family wanted her name and case known, Allard said. The family also provided a photo to the AP. The girl's family members did not comment and have requested privacy until a planned news conference Tuesday. Her father and step-mother Lawrence and Lisa Pott, along with her mother Sheila Pott, have started the Audrie Pott Foundation (audriepottfoundation.com) to provide music and art scholarships and offer youth counseling and support. The foundation website alludes to the teen's struggles, but until now neither law enforcement, school officials nor family have discussed the sexual battery. "She was compassionate about life, her friends, her family, and would never do anything to harm anyone," the site says. "She was in the process of developing the ability to cope with the cruelty of this world but had not quite figured it all out. "Ultimately, she had not yet acquired the antibiotics to deal with the challenges present for teens in today's society." On the day Pott died, Saratoga High School principal Paul Robinson announced her death, stunning classmates. Two days later other students and staff wore her favorite color, teal, in her honor. Robinson wasn't immediately available for comment Thursday. The Pott family is not alone. In Canada on Thursday, authorities said they are looking further into the case of a teenage girl who hanged herself Sunday after an alleged rape and months of bullying. A photo said to be of the 2011 assault on 17-year-old Rehtaeh Parsons was shared online. No charges initially were filed against four teenage boys being investigated. But after an outcry, Nova Scotia's justice minister appointed four government departments to look into Parsons' case. Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. http://www.tucsonnewsnow.com/story/21949224/3-teens-charged-with-assault-girl-killed-herself

Tuesday, April 9, 2013

Thousands of parents pay to store their children's umbilical cord blood (but scientists fear they are wasting their money)

By Alice Smellie Created 9:09 PM on 12th November 2011 Like any responsible new mother, Alex Silver wanted the very best for her first-born. That meant eating properly, no alcohol and exercising during pregnancy; non-toxic baby mattresses for the nursery and choosing the safest buggy. And when Scarlett was born five years ago, like a growing number of British parents, she chose to have the blood from the baby’s umbilical cord (once considered medical waste) frozen and ‘banked’ – at a cost of £2,000.     The concept, which has been a possibility for about a decade, may sound bizarre but advocates claim that stem cells from the banked blood may be used at a later date to cure the child or a sibling of a host of deadly diseases, should they be struck down. Future proofed: Alex Silver and daughter Scarlett. She has banked her daughter's umbilical cord blood in case of any future medical emergencies Today there are about ten businesses in the UK offering to freeze and store cord blood and industry insiders estimate that up to 100,000 parents have chosen to do so in the UK. The global stem-cell market is forecast to treble to a staggering £40 billion by 2015. ‘When you get ready for your new-born you want everything to be right,’ explains company director Alex, 42. ‘Banking the cord blood was an absolute necessity. I would have compromised on decorating her nursery or her future school fees to free up the funds, although luckily we’re fairly comfortable so I didn’t have to.’ Alex learned of the service in a leaflet at her GP surgery and was instantly persuaded. Today, she says of her decision: ‘I believe it’s insurance for her future should she have any health problems. What if she got leukaemia and I hadn’t done it?’ It is a sentiment that will no doubt be shared by many parents – not least myself. Alex and I have been friends for nearly 15 years, and I must admit I feel a frisson of guilt at any mention of the subject. My husband and I considered it with each of my three pregnancies, but never got any further than that. Are we negligent parents? It’s a question that still haunts me. During this investigation I spoke to a number of banks, posing as an expectant mother, to find out what they would promise me. Afterwards, I consulted leading scientists in stem-cell research – and while there is no suggestion the companies are illegitimate or fraudulent, what they told me left me wondering whether these business are profiteering from paranoias of new parents.   Cord blood contains embryonic stem cells. They can be made into more specialised cells and can reproduce copies of themselves almost indefinitely. There is currently research into a host of applications – from growing new organs to curing paraplegia. In theory, stem cells treat disease by replacing damaged or diseased cells. They are used in bone-marrow transplants to treat leukaemia – but in these cases, donor blood taken in the usual way is used to harvest the stem cells. To bank cord stem cells, the cord blood is extracted minutes after the birth of the baby and rushed by courier to be processed. Any cells that could be of future value are frozen at minus 180C and can then be stored for 25 years. It sounds like a great idea but how useful is it really? During this investigation I spoke to a number of banks, posing as an expectant mother, to find out what they would promise me. Afterwards, I consulted leading scientists in stem-cell research – and while there is no suggestion the companies are illegitimate or fraudulent, what they told me left me wondering whether these business are profiteering from paranoias of new parents. There are no published examples of a child’s own cord blood being used to cure them of leukaemia – one of the most common childhood diseases mentioned by the banks in their sales pitches. There are two cases of successful sibling transplants for children with the hereditary condition thalassemia, where the body makes an abnormal form of haemoglobin – the protein in red blood cells that carries oxygen. These were carried out in Singapore and Germany. Lavish promises of future treatments tend to be based on preliminary clinical trials – and should a child fall ill today, in many cases the technology doesn’t exist to actually use the harvested stem cells. In fact, some experts believe that reintroducing banked cord blood into a child could increase the chance of relapse – as disease-causing cells that existed from birth would be stored alongside useful stem cells. ‘Parents are worried that by not storing cord blood, they aren’t giving their child the best possible chance for future health,’ says leading consultant gynaecologist and obstetrician Mr Dickinson Cowan, who admits that when he first came across private banking, he thought it was a good idea. ‘I’d never recommend it now,’ he says. Tim Hardingham, Professor of Biochemistry at the University of Manchester, agrees. He says: ‘There is still so much doubt as to what can be done with the cord blood.’ The banks are easy to find on the internet. Their websites are often designed using a combination of sterile white and benign pastels and feature pictures of healthy-looking babies and happy, laughing parents. When I call Cells4Life, a man called Paul congratulates me on my ‘pregnancy’. He says: ‘Cord blood can be used in childhood leukaemia,’ – but points out that the child would still need to have chemotherapy. So what’s the point then? ‘The list is growing,’ he soothes. ‘There are clinical studies constantly showing new uses.’ The phone operator at Future Health BIOBANK says: ‘Cord tissue could be used to grow heart, ligament and cornea tissue – in ten years’ time. If your child had a hole in the heart, [cord blood] could be mixed with other tissues. In the case of leukaemia, you have a 100 per cent match.’ They could send someone to my house for a consultation, which will cost me £50. However, should I decide to go ahead within three days of the visit, they won’t charge me for the collection kit – savingme £110. Virgin Health Bank tells me: ‘In the future it could be used for diabetes and so many things – it’s hard to name them all.’ The banks are easy to find on the internet. Their websites are often designed using a combination of sterile white and benign pastels and feature pictures of healthy-looking babies and happy, laughing parents.  If I were genuinely a mother to be, I suspect I would have handed over my credit-card details on the spot. But the experts tell a different story. ‘Autologous [a patient’s own cells] stem-cell transplantation is in practice already – using the blood or bone marrow of the adult patient,’ says leading British leukaemia research expert Dr Andrea Buggins. ‘This is a risky process and often a last-ditch attempt. It runs the risk of returning the cancerous stem cells and thus inducing relapse. ‘In the case of cord blood, we don’t know how or when the malignant cell originates, so you may still be returning the cancer to the patient.’ Though stem cells from the patients themselves don’t carry the risk of rejection or infection associated with allogeneic transplants (using cells from another donor), the slight differences between these cells can work in the patient’s favour. ‘There is an effect called the Graft versus Leukaemia effect where the donor cells kill off any residual leukaemic cells because they recognise them as being foreign,’ explains Dr Buggins. ‘In an autologous transplant, this does not happen.’ Even if the blood can be used, one cord is enough only for a child up to a certain weight. Virgin Health Bank claims there is sufficient blood for a child weighing up to 6st – equivalent to a child of 12. But this has not been borne out in reality. The Royal College of Midwives (RCM) and the Royal College of Obstetricians and Gynaecologists are unequivocal in their opinion. ‘There isn’t enough evidence suggesting it will be used,’ says Janet Fyle, Professional Policy Adviser at the RCM. Along with other experts, they  support communal banking, where you choose to donate your child’s cord blood to be used by others. There are six donation centres managed by NHS Blood and Transplant. ‘Cord-blood donations to the NHS Cord Blood Bank are made available for public use and are not kept specifically for individuals or their families,’ says Dr Martin Guttridge, head of NHS Cord Blood Bank. ‘Should a cord-blood transplant be necessary for you or your family, the registries will be searched for the most appropriate stem-cell unit with the best tissue match, regardless of its source. Experts concede that there is potential for cord blood to be used on the child it was taken from at birth. There are undoubtedly many  clinical trials in progress at the moment, but positive results may be years away. Future Health BIOBANK director Roger Dainty says: ‘Autologous stem cell use is likely to increase in coming years. Developments in cell expansion technology are making it possible to increase the number of stem cells for transplant from an original stored sample. Unlike the public bank, private banks can store cord tissue [which holds] the most exciting possibilities for regenerative medicine, such as bone and tissue repair. ‘The understanding of stem-cell medicine is still evolving and we therefore believe that it is extremely short-sighted to dismiss the idea of cord-banking at a time when each week can bring a new, ground-breaking development. In the end, if we are able to make a choice, most of us would rather have something that we never need to use rather than find we need it but don’t have access to it.’ Dr Buggins disagrees. ‘Stem cells are not easy to isolate and store. It is all an unknown area. Parents are depending on these companies remaining in business long-term.’ There may even be stem-cell treatments coming up that are superior to cord blood. ‘It is likely that other ways will soon be available to obtain the cells that are needed,’ says Professor Sir Ian Wilmut, leader of the research group that first cloned a mammal, Dolly the sheep. ‘This will be by taking skin or blood cells from the child and changing them directly to the cell type that is needed.’ In spite of all this, there is still the gnawing doubt that I should have gone ahead with the procedure. And therein lies the brilliance of the concept. http://www.dailymail.co.uk/health/article-2060822/Umbilical-cord-blood-banking-Are-thousands-parents-wasting-money.html

Cerebral palsy

Cerebral palsy From Wikipedia, the free encyclopedia Jump to: navigation, search Cerebral palsy Classification and external resources A child with cerebral palsy being examined. ICD-10 G80 ICD-9 343 OMIM 603513 605388 DiseasesDB 2232 MedlinePlus 000716 eMedicine neuro/533 pmr/24 MeSH D002547 Cerebral palsy (CP) is a group of non-progressive,[1][2] non-contagious motor conditions that cause physical disability in human development, chiefly in the various areas of body movement.[3] Cerebral refers to the cerebrum, which is the affected area of the brain (although the disorder may involve connections between the cortex and other parts of the brain such as the cerebellum), and palsy refers to disorder of movement. Furthermore, paralytic disorders are not cerebral palsy – the condition of quadriplegia, therefore, should not be confused with spastic quadriplegia, nor tardive dyskinesia with dyskinetic cerebral palsy, nor diplegia with spastic diplegia, and so on. Cerebral palsy's nature as a broad category means it is defined mostly via several different subtypes, especially the type featuring spasticity, and also mixtures of those subtypes. Cerebral palsy is caused by damage to the motor control centers of the developing brain and can occur during pregnancy, during childbirth or after birth up to about age three.[4][5] Resulting limits in movement and posture cause activity limitation and are often accompanied by disturbances of sensation, depth perception, and other sight-based perceptual problems, communication ability; impairments can also be found in cognition, and epilepsy is found in about one-third of cases. CP, no matter what the type, is often accompanied by secondary musculoskeletal problems that arise as a result of the underlying disorder.[6] Improvements in neonatology (specialized medical treatment of newborn babies) have helped reduce the number of babies who develop cerebral palsy and increased the survival of babies with very low birth weights (babies which are more likely to have cerebral palsy).[7][8] A 2007 six-country survey found an incidence of CP of 2.12–2.45 per 1,000 live births,[9] indicating a slight rise in recent years. A 2003 study put the average lifetime cost for people with CP in the US at $921,000 per individual, including lost income.[10] Of the many types and subtypes of CP, none has a known cure. Usually, medical intervention is limited to the treatment and prevention of complications arising from CP's effects Contents 1 Classification 1.1 Spastic 1.2 Ataxic 1.3 Athetoid 2 Signs and symptoms 2.1 Skeleton 2.2 Pain and sleep disorders 3 Causes 4 Diagnosis 5 Treatment 5.1 Interpersonal therapy 5.2 Medication 5.3 Surgery 5.4 Orthotics 5.5 Other treatments 6 Prognosis 6.1 Self-care 6.2 Productivity 6.3 Leisure 6.4 Participation and barriers 7 Epidemiology 8 History 9 Society and culture 9.1 Economic impact 9.2 Use of the term 9.3 Misconceptions 9.4 Media 9.5 Movies and television 9.6 Notable cases 10 References 11 External links Classification Cerebral palsy (CP) is divided into four major classifications to describe different movement impairments. These classifications also reflect the areas of the brain that are damaged. The four major classifications are: spastic, ataxic, athetoid/dyskinetic and mixed. Spastic Main article: Spastic cerebral palsy Spastic cerebral palsy is by far the most common type of overall cerebral palsy, occurring in 80% of all cases.[11] People with this type of CP are hypertonic and have what is essentially a neuromuscular mobility impairment (rather than hypotonia or paralysis) stemming from an upper motor neuron lesion in the brain as well as the corticospinal tract or the motor cortex. This damage impairs the ability of some nerve receptors in the spine to properly receive gamma amino butyric acid, leading to hypertonia in the muscles signaled by those damaged nerves. As compared to other types of CP, and especially as compared to hypotonic or paralytic mobility disabilities, spastic CP is typically more easily manageable by the person affected, and medical treatment can be pursued on a multitude of orthopedic and neurological fronts throughout life. In any form of spastic CP, clonus of the affected limb(s) may sometimes result, as well as muscle spasms resulting from the pain and/or stress of the tightness experienced. The spasticity can and usually does also lead to very early onset of muscle-stress symptoms like arthritis and tendinitis, especially in ambulatory individuals in their mid-20s and early-30s. Occupational therapy and Physical therapy regimens of assisted stretching, strengthening, functional tasks, and/or targeted physical activity and exercise are usually the chief ways to keep spastic CP well-managed, although if the spasticity is too much for the person to handle, other remedies may be considered, such as various antispasmodic medications, botox, baclofen, or even a neurosurgery known as a selective dorsal rhizotomy (which eliminates the spasticity by eliminating the nerves causing it). Ataxic Main article: Ataxic cerebral palsy Ataxia-type symptoms can be caused by damage to the cerebellum. Ataxia is a less common type of cerebral palsy, occurring between 5 and 10% of all cases.[12] Some of these individuals have hypotonia and tremors. Motor skills such as writing, typing, or using scissors might be affected, as well as balance, especially while walking. It is common for individuals to have difficulty with visual and/or auditory processing. They usually have a awkward gait and as well with some dysarthria. Athetoid Main article: Athetoid cerebral palsy Athetoid cerebral palsy or dyskinetic cerebral palsy is mixed muscle tone – both hypertonia and hypotonia mixed with involuntary motions. People with Dyskinetic CP have trouble holding themselves in an upright, steady position for sitting or walking, and often show involuntary motions. For some people with dyskinetic CP, it takes a lot of work and concentration to get their hand to a certain spot (like scratching their nose or reaching for a cup). Because of their mixed tone and trouble keeping a position, they may not be able to hold onto objects, especially small ones requiring fine motor control (such as a toothbrush or pencil). About 10% of individuals with CP are classified as dyskinetic CP but some have mixed forms with spasticity and dyskinesia.[13] The damage occurs to the extrapyramidal motor system and/or pyramidal tract and to the basal ganglia. In newborn infants, high bilirubin levels in the blood, if left untreated, can lead to brain damage in the basal ganglia (kernicterus), which can lead to dyskinetic cerebral palsy. Signs and symptoms All types of cerebral palsy are characterized by abnormal muscle tone (e.g. slouching over while sitting), reflexes, or motor development and coordination. There can be joint and bone deformities and contractures (permanently fixed, tight muscles and joints). The classical symptoms are spasticities, spasms, other involuntary movements (e.g. facial gestures), unsteady gait, problems with balance, and/or soft tissue findings consisting largely of decreased muscle mass. Scissor walking (where the knees come in and cross) and toe walking (which can contribute to a gait reminiscent of a marionette) are common among people with CP who are able to walk, but taken on the whole, CP symptomatology is very diverse. The effects of cerebral palsy fall on a continuum of motor dysfunction which may range from slight clumsiness at the mild end of the spectrum to impairments so severe that they render coordinated movement virtually impossible at the other end the spectrum. Babies born with severe CP often have an irregular posture; their bodies may be either very floppy or very stiff. Birth defects, such as spinal curvature, a small jawbone, or a small head sometimes occur along with CP. Symptoms may appear or change as a child gets older. Some babies born with CP do not show obvious signs right away. Classically, CP becomes evident when the baby reaches the developmental stage at six and a half to 9 months and is starting to mobilise, where preferential use of limbs, asymmetry or gross motor developmental delay is seen. Secondary conditions can include seizures, epilepsy, apraxia, dysarthria or other communication disorders, eating problems, sensory impairments, mental retardation, learning disabilities, urinary incontinence, fecal incontinence and/or behavioral disorders. Speech and language disorders are common in people with cerebral palsy. The incidence of dysarthria is estimated to range from 31% to 88%.[14] Speech problems are associated with poor respiratory control, laryngeal and velopharyngeal dysfunction as well as oral articulation disorders that are due to restricted movement in the oral-facial muscles. There are three major types of dysarthria in cerebral palsy: spastic, dyskinetic (athetosis) and ataxic. Speech impairments in spastic dysarthria involves four major abnormalities of voluntary movement: spasticity, weakness, limited range of motion and slowness of movement. Speech mechanism impairment in athetosis involves a disorder in the regulation of breathing patterns, laryngeal dysfunction (monopitch, low, weak and breathy voice quality). It is also associated with articulatory dysfunction (large range of jaw movements), inappropriate positioning of the tongue, instability of velar elevation. Athetoid dysarthria is caused by disruption of the internal sensorimotor feedback system for appropriate motor commands, which leads to the generation of faulty movements that are perceived by others as involuntary. Ataxic dysarthria is uncommon in cerebral palsy. The speech characteristics are: imprecise consonants, irregular articulatory breakdown, distorted vowels, excess and equal stress, prolonged phonemes, slow rate, monopitch, monoloudness and harsh voice.[15] Overall language delay is associated with problems of mental retardation, hearing impairment and learned helplessness.[3] Children with cerebral palsy are at risk of learned helplessness and becoming passive communicators, initiating little communication.[3] Early intervention with this clientele, and their parents, often targets situations in which children communicate with others, so that they learn that they can control people and objects in their environment through this communication, including making choices, decisions and mistakes.[3] Skeleton In order for bones to attain their normal shape and size, they require the stresses from normal musculature. Osseous findings will therefore mirror the specific muscular deficits in a given person with CP. The shafts of the bones are often thin (gracile) and become thinner during growth. When compared to these thin shafts (diaphyses), the centers (metaphyses) often appear quite enlarged (ballooning). With lack of use, articular cartilage may atrophy, leading to narrowed joint spaces. Depending on the degree of spasticity, a person with CP may exhibit a variety of angular joint deformities. Because vertebral bodies need vertical gravitational loading forces to develop properly, spasticity and an abnormal gait can hinder proper and/or full bone and skeletal development. People with CP tend to be shorter in height than the average person because their bones are not allowed to grow to their full potential. Sometimes bones grow to different lengths, so the person may have one leg longer than the other. Pain and sleep disorders Pain is common, and may result from the inherent deficits associated with the condition, along with the numerous procedures affected children typically face.[16] There is also a high likelihood of suffering from chronic sleep disorders associated with both physical and environmental factors.[17] Pain is also associated with tight and/or shortened muscle, abnormal posture, stiff joints, unsuitable orthosis etc. Causes Micrograph showing a fetal (placental) vein thrombosis, in a case of fetal thrombotic vasculopathy (FTV). FTV is associated with cerebral palsy and is suggestive of a hypercoagulable state as an underlying cause. H&E stain. While in certain cases there is no identifiable cause, typical causes include problems in intrauterine development (e.g. exposure to radiation, infection), asphyxia before birth, hypoxia of the brain, and birth trauma during labor and delivery, and complications in the perinatal period or during childhood.[3] CP is also more common in multiple births. Between 40 and 50% of all children who develop cerebral palsy were born prematurely. Premature infants are vulnerable, in part because their organs are not fully developed, increasing the risk of hypoxic injury to the brain that may manifest as CP. A problem in interpreting this is the difficulty in differentiating between cerebral palsy caused by damage to the brain that results from inadequate oxygenation and CP that arises from prenatal brain damage that then precipitates premature delivery. Recent research has demonstrated that intrapartum asphyxia is not the most important cause, probably accounting for no more than 10 percent of all cases; rather, infections in the mother, even infections that are not easily detected, may triple the risk of the child developing the disorder, mainly as the result of the toxicity to the fetal brain of cytokines that are produced as part of the inflammatory response.[18] Low birthweight is a risk factor for CP—and premature infants usually have low birth weights, less than 2.0 kg, but full-term infants can also have low birth weights. Multiple-birth infants are also more likely than single-birth infants to be born early or with a low birth weight. After birth, other causes include toxins, severe jaundice, lead poisoning, physical brain injury, shaken baby syndrome, incidents involving hypoxia to the brain (such as near drowning), and encephalitis or meningitis. The three most common causes of asphyxia in the young child are: choking on foreign objects such as toys and pieces of food, poisoning, and near drowning. Some structural brain anomalies such as lissencephaly may present with the clinical features of CP, although whether that could be considered CP is a matter of opinion (some people say CP must be due to brain damage, whereas people with these anomalies didn't have a normal brain). Often this goes along with rare chromosome disorders and CP is not genetic or hereditary. It has been hypothetized that many cases of cerebral palsy are caused by the death in very early pregnancy of an identical twin.[19] Diagnosis The diagnosis of cerebral palsy has historically rested on the patient's history and physical examination. Once diagnosed with cerebral palsy, further diagnostic tests are optional. The American Academy of Neurology published an article in 2004 reviewing the literature and evidence available on CT and MRI imaging. They suggested that neuroimaging with CT or MRI is warranted when the etiology of a patient's cerebral palsy has not been established – an MRI is preferred over CT due to diagnostic yield and safety. When abnormal, the neuroimaging study can suggest the timing of the initial damage. The CT or MRI is also capable of revealing treatable conditions, such as hydrocephalus, porencephaly, arteriovenous malformation, subdural hematomas and hygromas, and a vermian tumor[20] (which a few studies suggest are present 5 to 22%). Furthermore, an abnormal neuroimaging study indicates a high likelihood of associated conditions, such as epilepsy and mental retardation.[21] The diagnosis of cerebral palsy can sometimes be made shortly after birth, but is often postponed until the child is 18–24 months of age, in order to evaluate the functional status and the progression or regression of the symptoms.[22] Treatment Treatment for cerebral palsy is a lifelong multi-dimensional process focused on the maintenance of associated conditions. In order to be diagnosed with cerebral palsy the damage that occurred to the brain must be non-progressive and not disease-like in nature. The manifestation of that damage will change as the brain and body develop, but the actual damage to the brain will not increase. Treatment in the life of cerebral palsy is the constant focus on preventing the damage in the brain from prohibiting healthy development on all levels. The brain, up to about the age of 8, is not concrete in its development. It has the ability to reorganize and reroute many signal paths that may have been affected by the initial trauma; the earlier it has help in doing this the more successful it will be. Various forms of therapy are available to people living with cerebral palsy as well as caregivers and parents caring for someone with this disability. They can all be useful at all stages of this disability and are vital in a person with cerebral palsy's ability to function and live more effectively. In general, the earlier treatment begins the better chance children have of overcoming developmental disabilities or learning new ways to accomplish the tasks that challenge them. The earliest proven intervention occurs during the infant's recovery in the neonatal intensive care unit (NICU). Treatment may include one or more of the following: physical therapy; occupational therapy; speech therapy; water therapy; drugs to control seizures, alleviate pain, or relax muscle spasms (e.g. benzodiazepines, baclofen and intrathecal phenol/baclofen); hyperbaric oxygen; the use of Botox to relax contracting muscles; surgery to correct anatomical abnormalities or release tight muscles; braces and other orthotic devices; rolling walkers; and communication aids such as computers with attached voice synthesizers. For instance, the use of a standing frame can help reduce spasticity and improve range of motion for people with CP who use wheelchairs. However, there is only some benefit from therapy. Treatment is usually symptomatic and focuses on helping the person to develop as many motor skills as possible or to learn how to compensate for the lack of them. Non-speaking people with CP are often successful availing themselves of augmentative and alternative communication systems such as Blissymbols. Constraint-induced movement therapy (CIMT) has shown promising evidence in helping individuals with neurological disorders that have lost most of the use of an extremity. Research has proven the positive benefits of CIMT for people who have had a stroke and traumatic brain injury. However, later studies have addressed the application of CIMT for children with CP challenged with hemiparesis, that show a significant benefit in constraint induced movement therapy for children with cerebral palsy who are challenged with hemiparesis.[23] Interpersonal therapy Physiotherapy programs are designed to encourage the patient to build a strength base for improved gait and volitional movement, together with stretching programs to limit contractures. Many experts believe that lifelong physiotherapy is crucial to maintain muscle tone, bone structure, and prevent dislocation of the joints. Occupational therapy helps adults and children maximise their function, adapt to their limitations and live as independently as possible.[24][25] Speech therapy helps control the muscles of the mouth and jaw, and helps improve communication. Just as CP can affect the way a person moves their arms and legs, it can also affect the way they move their mouth, face and head. This can make it hard for the person to breathe; talk clearly; and bite, chew and swallow food. Speech therapy often starts before a child begins school and continues throughout the school years.[26] Conductive education was developed in Hungary from 1945 based on the work of András PetÅ‘. It is a unified system of rehabilitation for people with neurological disorders including cerebral palsy, Parkinson's disease and multiple sclerosis, amongst other conditions. It is theorised to improve mobility, self-esteem, stamina and independence as well as daily living skills and social skills. The conductor is the professional who delivers CE in partnership with parents and children. Skills learned during CE should be applied to everyday life and can help to develop age-appropriate cognitive, social and emotional skills. It is available at specialized centers. Biofeedback is a therapy in which people learn how to control their affected muscles. Biofeedback therapy has been found to significantly improve gait in children with cerebral palsy.[27] Patterning is a controversial form of alternative therapy for people with CP. The method is promoted by The Institutes for the Achievement of Human Potential (IAHP), a Philadelphia nonprofit, but has been criticized by the American Academy of Pediatrics.[28] The IAHP's methods have been endorsed by Linus Pauling,[29] as well as some parents of children treated with their methods.[30][31][32] Massage therapy[33] is designed to help relax tense muscles, strengthen muscles, and keep joints flexible. More research is needed to determine the health benefits of these therapies for people with CP. Occupational therapy Main article: Occupational therapy in the management of cerebral palsy Occupational Therapy (OT) enables individuals with CP to participate in activities of daily living that are meaningful to them. A family-centred philosophy is used with children who have CP. Occupational therapists work closely with families in order to address their concerns and priorities for their child.[34] Occupational therapists may address issues relating to sensory, cognitive, or motor impairments resulting from CP that affect the child's participation in self-care, productivity, or leisure. Parent counselling is also an important aspect of occupational therapy treatment with regard to optimizing the parent's skills in caring for and playing with their child to support improvement of their child's abilities to do things.[35][36] The occupational therapist typically assesses the child to identify abilities and difficulties, and environmental conditions, such as physical and cultural influences, that affect participation in daily activities.[36] Occupational therapists may also recommend changes to the play space, changes to the structure of the room or building, and seating and positioning techniques to allow the child to play and learn effectively.[36][37] Medication Botulinum toxin injections are given into muscles that are spastic or sometimes dystonic, the aim being to reduce the muscle hypertonus that can be painful. A reduction in muscle tone can also facilitate bracing and the use of orthotics. Most often lower extremity muscles are injected. Botulinum toxin is focal treatment meaning that a limited number of muscles can be injected at the same time. The effect of the toxin is reversible and a reinjection is needed every 4–6 months.[38] Surgery Surgery usually involves one or a combination of: Loosening tight muscles and releasing fixed joints, most often performed on the hips, knees, hamstrings, and ankles. In rare cases, this surgery may be used for people with stiffness of their elbows, wrists, hands, and fingers. Selective Percutaneous Myofascial Lengthening (SPML) is one example. The insertion of a baclofen pump usually during the stages while a patient is a young adult. This is usually placed in the left abdomen. It is a pump that is connected to the spinal cord, whereby it sends bits of Baclofen alleviating the continuous muscle flexion. Baclofen is a muscle relaxant and is often given by mouth to patients to help counter the effects of spasticity. Straightening abnormal twists of the leg bones, i.e. femur (termed femoral anteversion or antetorsion) and tibia (tibial torsion). This is a secondary complication caused by the spastic muscles generating abnormal forces on the bones, and often results in intoeing (pigeon-toed gait). The surgery is called derotation osteotomy, in which the bone is broken (cut) and then set in the correct alignment.[39] Cutting nerves on the limbs most affected by movements and spasms. This procedure, called a rhizotomy ("rhizo" meaning root and "tomy" meaning "a cutting of" from the Greek suffix 'tomia'), reduces spasms and allows more flexibility and control of the affected limbs and joints.[40] Orthotics Orthotic devices such as ankle-foot orthoses (AFOs) are often prescribed to achieve the following objectives:[41] To correct and/or prevent deformity To provide a base of support To facilitate training in skills To improve the efficiency of gait The available evidence suggests that orthoses can have positive effects on all temporal and spatial parameters of gait, i.e. velocity, cadence, step length, stride length, single and double support.[42] AFOs have also been found to reduce energy expenditure.[43] Other treatments Cooling high-risk full-term babies shortly after birth may reduce disability or death.[44] Early nutritional support: In one cohort study of 490 premature infants discharged from the NICU, the rate of growth during hospital stay was related to neurological function at 18 and 22 months of age. The study found a significant decrease in the incidence of cerebral palsy in the group of premature infants with the highest growth rate. This study suggests that adequate nutrition and growth play a protective role in the development of cerebral palsy.[45] Hyperbaric oxygen therapy (HBOT), in which pressurized oxygen is inhaled inside a hyperbaric chamber, has been studied under the theory that improving oxygen availability to damaged brain cells can reactivate some of them to function normally. A 2007 systematic review concluded that treatment with HBOT showed no significant difference from that of pressurized room air, and that some children undergoing HBOT may experience adverse events such as seizures and the need for ear pressure equalization tubes; due to poor quality of data assessment the review also concluded that estimates of the prevalence of adverse events are uncertain.[46] Prognosis CP is not a progressive disorder (meaning the brain damage does not worsen), but the symptoms can become more severe over time due to subdural damage. A person with the disorder may improve somewhat during childhood if he or she receives extensive care from specialists, but once bones and musculature become more established, orthopedic surgery may be required. The full intellectual potential of a child born with CP will often not be known until the child starts school. People with CP are more likely to have learning disabilities, although these may be unrelated to IQ, and are more likely to show varying degrees of intellectual disability. Intellectual level among people with CP varies from genius to intellectually impaired, as it does in the general population, and experts have stated that it is important to not underestimate the capabilities of a person with CP and to give them every opportunity to learn.[47] The ability to live independently with CP varies widely, depending partly on the severity of each person's impairment and partly on the capability of each person to self-manage the logistics of life. Some individuals with CP require personal assistant services for all activities of daily living. Others only need assistance with certain activities, and still others do not require any physical assistance. But regardless of the severity of a person's physical impairment, a person's ability to live independently often depends primarily on the person's capacity to manage the physical realities of his or her life autonomously. In some cases, people with CP recruit, hire, and manage a staff of personal care assistants (PCAs). PCAs facilitate the independence of their employers by assisting them with their daily personal needs in a way that allows them to maintain control over their lives. Many states allow Medicaid beneficiaries to use their Medicaid funds to hire their own PCAs, instead of forcing them to use institutional or managed care.[48] People with CP can usually expect to have a normal life expectancy; survival has been shown to be associated with the ability to ambulate, roll, and self-feed.[49] As the condition does not affect reproductive function, people with CP can have children and parent successfully. According to OMIM, only 2% of cases of CP are inherited (with glutamate decarboxylase-1 as one known enzyme involved).[50] There is no evidence of an increased chance of a person with CP having a child with CP. Self-care Self-care is any activity people do to care for themselves. For many children with CP, parents are heavily involved in self-care activities. Self-care activities, such as bathing, dressing, grooming and eating, can be difficult for children with CP as self-care depends primarily on use of the upper limbs.[51] For those living with CP, impaired upper limb function affects almost 50% of children and is considered the main factor contributing to decreased activity and participation.[52] Since the hands are used for many self-care tasks, it is logical that sensory and motor impairments would impact daily self-care. The extent of hand impairment depends on the location and degree of brain damage.[53] Sensory impairments can make getting dressed and brushing teeth difficult. Along with sensory impairments, motor impairments of the hand are thought to be responsible for difficulties experienced in daily self-care activities.[54] However, motor impairments are more important than sensory impairments, with the most prevalent impairment being finger dexterity (ability to manipulate small objects).[53] Finger dexterity is essential in fastening buttons, doing up zippers and tying shoelaces. With upper limb spasticity, it may be difficult to get dressed. If the individual with CP also has cognitive deficits, this may add a challenge to dressing and grooming. Children with CP sometimes have oral sensory disturbances — they have too little or too much sensitivity around and in the mouth.[55] An infant with CP may not be able to suck, swallow or chew and this can result in difficulty eating.[55] As mentioned in the above paragraph, finger dexterity is the most prevalent motor impairment.[53] Finger dexterity is essential for manipulating cutlery or bringing food to the mouth. Fine finger dexterity, like picking up a spoon, is more frequently impaired than gross manual dexterity, like spooning food onto a plate.[53] Grip strength impairments are less common.[53] Overall, children with CP may have difficulty chewing and swallowing food, holding utensils, and preparing food due to sensory and motor impairments. Productivity The effects of sensory, motor and cognitive impairments affect self-care occupations in children with CP and productivity occupations. Productivity can include, but is not limited to, school, work, household chores and contributing to the community.[56] Play is included as a productive occupation as it is often the primary activity for children.[57] If play becomes difficult due to a disability, like CP, this can cause problems for the child.[58] These difficulties can affect a child’s self-esteem.[58] In addition, the sensory and motor problems experienced by children with CP affect how the child interacts with their surroundings, including the environment and other people.[58] Not only do physical limitations affect a child’s ability to play, the limitations perceived by the child’s caregivers and playmates also impact the child’s play activities.[59] Some children with disabilities spend more time playing by themselves.[60] When a disability prevents a child from playing, there may be social, emotional and psychological problems[61] which can lead to increased dependence on others, less motivation and poor social skills.[62] In school, students are asked to complete many tasks and activities, many of which involve handwriting. Many children with CP have the capacity to learn and write in the school environment.[63] However, students with CP may find it difficult to keep up with the handwriting demands of school and their writing may be difficult to read.[63] In addition, writing may take longer and require greater effort on the student’s part.[63] Factors linked to handwriting include postural stability, sensory and perceptual abilities of the hand, and writing tool pressure.[63] Speech impairments may be seen in children with CP depending on the severity of brain damage.[64] Communication in a school setting is important because communicating with peers and teachers is very much a part of the “school experience” and enhances social interaction. Problems with language or motor dysfunction can lead to underestimating a student’s intelligence.[65] In summary, children with CP may experience difficulties in school, such as difficulty with handwriting, carrying out school activities, communicating verbally and interacting socially. Leisure Leisure occupations are any activities that are done for enjoyment. Enjoyable activities depend on one's personality and environment. Leisure activities can have several positive effects on physical health, mental health, life satisfaction and psychological growth for people with physical disabilities like CP.[66] Common benefits identified are stress reduction, development of coping skills, companionship, enjoyment, relaxation and a positive effect on life satisfaction.[67] In addition, for children with CP, leisure appears to enhance adjustment to living with a disability.[67] Leisure can be divided into structured (formal) and unstructured (informal) activities.[68] Studies show that children with disabilities, like CP, participate mainly in informal activities that are carried out in the family environment and are organized by adults.[69] Typically, children with disabilities carry out leisure activities by themselves or with their parents rather than with friends. Therefore, children may experience limited diversity of activities and social engagements, as well as a more passive lifestyle than their peers.[69] Although leisure is important for children with CP, they may have difficulties carrying out leisure activities due to social and physical barriers. Participation and barriers Participation is involvement in life situations and everyday activities.[70] Participation includes the domains of self-care, productivity and leisure. In fact, communication, mobility, education, home life, leisure and social relationships require participation and are indicators of the extent to which a child functions in his or her environment.[70] Barriers can exist on three levels: micro, meso and macro.[71] First, the barriers at the micro level involve the person.[71] Barriers at the micro level include the child’s physical limitations (motor, sensory and cognitive impairments) or their subjective feelings regarding their ability to participate.[72] For example, the child may not participate in group activities due to lack of confidence. Second, barriers at the meso level include the family and community.[71] These may include negative attitudes of people toward disability or lack of support within the family or in the community.[73] One of the main reasons for this limited support appears to be the result of a lack of awareness and knowledge regarding the child’s ability to engage in activities despite his or her disability.[73] Third, barriers at the macro level incorporate the systems and policies that are not in place or hinder children with CP. These may be environmental barriers to participation such as architectural barriers, lack of relevant assistive technology and transportation difficulties due to limited wheelchair access or public transit that can accommodate the children with CP.[73] For example, a building without an elevator may prevent the child from accessing higher floor levels. Epidemiology In the industrialized world, the prevalence of cerebral palsy is about 2 per 1000 live births.[74] The incidence is higher in males than in females; the Surveillance of Cerebral Palsy in Europe (SCPE) reports a M:F ratio of 1.33:1.[75] Variances in reported rates of incidence or prevalence across different geographical areas in industrialised countries are thought to be caused primarily by discrepancies in the criteria used for inclusion and exclusion. When such discrepancies are taken into account in comparing two or more registers of patients with cerebral palsy (for example, the extent to which children with mild cerebral palsy are included), the prevalence rates converge toward the average rate of 2:1000.[citation needed] In the United States, approximately 10,000 infants and babies are diagnosed with CP each year, and 1200–1500 are diagnosed at preschool age.[76] Overall, advances in care of pregnant mothers and their babies has not resulted in a noticeable decrease in CP. This is generally attributed to medical advances in areas related to the care of premature babies (which results in a greater survival rate). Only the introduction of quality medical care to locations with less-than-adequate medical care has shown any decreases. The incidence of CP increases with premature or very low-weight babies regardless of the quality of care.[77] Prevalence of cerebral palsy is best calculated around the school entry age of about six years, the prevalence in the U.S. is estimated to be 2.4 out of 1000 children[78] The SCPE reported the following incidence of comorbidities in children with CP (over 4,500 children over age 4 whose CP was acquired during the prenatal or neonatal period were included): Mental disadvantage (IQ < 50): 31% Active seizures: 21% Mental disadvantage (IQ < 50) and not walking: 20% Blindness: 11%[75] The SCPE noted that the incidence of comorbidities is difficult to measure accurately, particularly across centers. For example, the actual rate of an intellectual impairment may be difficult to determine, as the physical and communicational limitations of people with CP would likely lower their scores on an IQ test if they were not given a correctly modified version. History CP, formerly known as "Cerebral Paralysis," was first identified by English surgeon William Little in 1860. Little raised the possibility of asphyxia during birth as a chief cause of the disorder. It was not until 1897 that Sigmund Freud, then a neurologist, suggested that a difficult birth was not the cause but rather only a symptom of other effects on fetal development.[79] Research conducted during the 1980s by the National Institute of Neurological Disorders and Stroke (NINDS) suggested that only a small number of cases of CP are caused by lack of oxygen during birth.[80] Society and culture Economic impact Access Economics has released a report on the economic impact of cerebral palsy in Australia. Launched by the Hon. Bill Shorten, MP, the report found that, in 2007, the financial cost of cerebral palsy (CP) in Australia was $1.47 billion or 0.14% of GDP. When the value of lost well-being (disability and premature death) was added, the cost rose a further $2.4 billion.[81] In 2007, the financial cost of CP was $1.47 billion (0.14% of GDP). Of this: 1.03 billion (69.9%) was productivity lost due to lower employment, absenteeism and premature death of Australians with CP; 141 million (9.6%) was the DWL from transfers including welfare payments and taxation forgone; 131 million (9.0%) was other indirect costs such as direct program services, aides and home modifications and the bringing-forward of funeral costs; 129 million (8.8%) was the value of the informal care for people with CP; and 40 million (2.8%) was direct health system expenditure. Additionally, the value of the lost well-being (disability and premature death) was a further $2.4 billion. In per capita terms, this amounts to a financial cost of $43,431 per person with CP per annum. Including the value of lost well-being, the cost is over $115,000 per person per annum. Individuals with CP bear 37% of the financial costs, and their families and friends bear a further 6%. Federal government bears around one third (33%) of the financial costs (mainly through taxation revenues forgone and welfare payments). State governments bear under 1% of the costs, while employers bear 5% and the rest of society bears the remaining 19%. If the burden of disease (lost well-being) is included, individuals bear 76% of the costs. Use of the term Many people would rather be referred to as a person with a disability instead of handicapped. "Cerebral Palsy: A Guide for Care" at the University of Delaware offers the following guidelines:[82] Impairment is the correct term to use to define a deviation from normal, such as not being able to make a muscle move or not being able to control an unwanted movement. Disability is the term used to define a restriction in the ability to perform a normal activity of daily living which someone of the same age is able to perform. For example, a three year old child who is not able to walk has a disability because a normal three year old can walk independently. A handicapped child or adult is one who, because of the disability, is unable to achieve the normal role in society commensurate with his age and socio-cultural milieu. As an example, a sixteen-year-old who is unable to prepare his own meal or care for his own toileting or hygiene needs is handicapped. On the other hand, a sixteen-year-old who can walk only with the assistance of crutches but who attends a regular school and is fully independent in activities of daily living is disabled but not handicapped. All disabled people are impaired, and all handicapped people are disabled, but a person can be impaired and not necessarily be disabled, and a person can be disabled without being handicapped. The term "spastic" denotes the attribute of spasticity in types of spastic CP. In 1952 a UK charity called The Spastics Society was formed.[83] The term "spastics" was used by the charity as a term for people with CP. The words "spastic" and "spaz" have since been used extensively as a general insult to disabled people, which some see as extremely offensive. They are also frequently used to insult able-bodied people when they seem overly uncoordinated, anxious, or unskilled in sports. The charity changed its name to Scope in 1994.[83] In the United States the word spaz has the same usage as an insult, but is not generally associated with CP.[84] It is not taken as derogatory in the Indian context. Rather 'spasticity' and 'cerebral palsy' are used interchangeably. The term is widely used to connote cerebral palsy and is accepted for usage in medical fraternity as well as in social life. Many organizations known as 'Spastic Societies' are working in different areas in India as charitable bodies for people with cerebral palsy, in care-taking, rehabilitation and medical support of children with neurological muscular development disabilities. Misconceptions Spastic cerebral palsy, the most common form of CP, causes the muscles to be tense and rigid, and movements are slow and difficult. This slowness can be misinterpreted as cognitive delay due to difficulty of communication. Individuals with cerebral palsy can have learning difficulties, but sometimes it is the sheer magnitude of problems caused by the underlying brain injury that prevents the individual from expressing what cognitive abilities they do possess.[85] Media Maverick documentary filmmaker Kazuo Hara criticizes the mores and customs of Japanese society in an unsentimental portrait of adults with cerebral palsy in his 1972 film Goodbye CP (Sayonara CP). Focusing on how the CP victims are generally ignored or disregarded in Japan, Hara challenges his society's taboos about physical handicaps. Using a deliberately harsh style, with grainy black-and-white photography and out-of-sync sound, Hara brings a stark realism to his subject.[86] Movies and television Spandan (2012), a film by Vegitha Reddy and Aman Tripathi, delves into the dilemma of parents whose child suffers from cerebral palsy. While films made with children with special needs as central characters have been attempted before, the predicament of parents dealing with the stigma associated with condition and beyond is dealt in Spandan. In one of the songs of Spandan 'Chal chaal chaal tu bala' more than 50 CP kids have acted. The famous classical singer Devaki Pandit has given her voice to the song penned by Prof. Jayant Dhupkar and composed by National Film Awards winner Isaac Thomas Kottukapally. [87] [88] [89] [90] My Left Foot (1989), is a drama film directed by Jim Sheridan and starring Daniel Day-Lewis. It tells the true story of Christy Brown, an Irishman born with cerebral palsy, who could control only his left foot. Christy Brown grew up in a poor, working-class family, and became a writer and artist. It won the Academy Award for Best Actor (Daniel Day-Lewis) and Best Actress in a Supporting Role (Brenda Fricker). It was also nominated for Best Director, Best Picture and Best Writing, Screenplay Based on Material from Another Medium. It also won the New York Film Critics Circle Award for Best Film for 1989.[91] Notable cases Josh Blue, winner of the fourth season of NBC's Last Comic Standing, whose act revolves around his CP.[92] Blue was also on the 2004 U.S. Paralympic soccer team.[93] Abbey Curran, American beauty queen who represented Iowa at Miss USA 2008 and was the first contestant with a disability to compete. She also made an appearance on The Ellen DeGeneres Show and CBS The Early Show.[94][95][96] Gregory Iron, a professional wrestler working in the mid-west.[97] Born with cerebral palsy but still able to perform. Geri Jewell, who was the first person with a disability to have a regular role in prime-time series on The Facts of Life.[98] She has had roles on Sesame Street, 21 Jump Street, The Young and the Restless and Deadwood.[99] Karen Killilea, the subject of the book Karen (1952) and its sequel, With Love from Karen (1963), by her mother Marie Killilea.[100] Francesca Martinez, British stand-up comedienne and actress.[101] Harold Elwood Yuker, a psychologist who defied the cerebral palsy with which he was born to become a leading educator at Hofstra University and an authority on attitudes toward the disabled. He was Distinguished Professor of Psychology and a founding director of the Center for the Study of Attitudes Toward Persons with Disabilities. He was widely recognized as a psychologist and as a critic of the tendency of some disabled people to keep to themselves. His motto was, The most important thing for anyone with a disability is to learn to get along in a nondisabled world.[102] Evan O'Hanlon, Australian Paralympian, the fastest athlete with cerebral palsy in the world.[103] Arun Shourie's son Aditya about whom he has written a book Does He Know a Mother’s Heart[104] Maysoon Zayid, the self-described "Palestinian Muslim virgin with cerebral palsy, from New Jersey", who is an actress, stand-up comedian and activist.[105] Zayid has been a resident of Cliffside Park, New Jersey.[106] She is considered one of America's first Muslim women comedians and the first person ever to perform standup in Palestine and Jordan.[107] Sophie Christiansen, British Equestrian rider who won 2 gold and 1 silver medal at the 2008 Beijing Paralympics and 3 gold medals at the 2012 London Paralympics. 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