Chain of Correspondence Between
Addiction Recovery Legal Services, LLC
&
A&E Intervention
_________________
RE: Marchman Act Misinformation: A&E Intervention - Season 12 Episode 10 "Courtney" –
Donna Chavous Behavior was Outrageous
Complete Correspondence
Chain with the Producers of A&E Intervention
To: emailintervention@gmail.com
Ms.
Conway:
My name is
Raymond G. Ferrero III, Esq. and I am a Partner with Addiction Recovery Legal
Services, LLC of Florida and the Executive Director of Health Affairs for Nova
Southeastern University. My law firm handles Florida Marchman Act cases and I
have actually trained Ken Seely’s interventionists at "Intervention
911". Although, I respect his work, I cannot say the same for Donna
Chavous in your latest episode (A&E Intervention: Season 12 Episode 10
"Courtney"). I feel compelled to write to you because Donna Chavous’
behavior was outrageous, inexcusable and dangerous.
I was
livid listening to Donna Chavous provide Courtney's family with false legal
advice about the Florida Marchman Act. In Florida, such an action by a
non-lawyer is a 3 degree felony and punishable for up 5 years in Florida State
Prison. Not only was she 100% incorrect on everything she stated about the
Florida Marchman Act, but she cast a dark shadow on a law that has been saving
lives in Florida for nearly two decades. For over a decade, I have been an
advocate and educator on the Florida Marchman Act and in a single episode of
your show the country was given a packet of lies – and, nothing more than a
blueprint of what "NOT" to do in a Florida Marchman Act case.
I am
shocked that a supposed "professional" would act in such a reckless
fashion. She did a disservice to Courtney, to Courtney's family as-well-as
A&E's national audience.
Furthermore,
professionally speaking, Donna Chavous behavior was dangerous in this episode.
An interventionist should never use empty threats of jail, cursing and/or petty
manipulation to aid someone in need of crisis services. More so, by allowing
Courtney's friend to chase that poor girl down, she put a 3rd party in danger
in the final scene, where the girl is literally hanging off the passenger door
of a moving vehicle driven by a known user - indefensible! Had a tragedy occurred; specifically,
Courtney actually overdosing after the debacle and trauma of that failed
intervention, the family would have easily been able to seek Civil and Criminal
avenues for relief.
I find
myself asking: What has A&E Intervention become? Is it now just another
Reality TV show that exploits people for shock value and advertising dollars?
Terrible...just terrible! Donna Chavous should be ashamed and knows better –
don’t think she does not. That was a critically sick girl in crisis. I
apologize for this rant, but I am so upset by this lack of professionalism that
I can barely think straight.
Respectfully,
Raymond G.
Ferrero III, Esq.
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_____________
From: Intervention Email
Sent:
Thursday, March 08, 2012 4:30 PM
To: RGFIII
Subject: Re: Attn: Executive Producer Colleen Conway
Dear
Raymond,
Thank you
for contacting us. I am passing your
email to the appropriate department regarding your concerns. Again, thank you for reaching out to us.
Best,
The
INTERVENTION Team
_____________
From: Intervention Email
Sent:
Thursday, March 08, 2012 11:08 PM
To: RGFIII
Subject: Subject: Re: Attn: Executive Producer Colleen Conway
Mr.
Ferrero,
The
executive producers of the show received your letter and appreciate your
thoughtful comments. They are very concerned about the integrity of the
interventions we conduct and the information we provide to the public.
There is a
strict division on "Intervention" between the television
professionals and the clinical professionals.
Ms. Chavous is a BRI Level II interventionist (trained at
"Intervention 911") and was the ranking clinical professional at the
intervention and so, was expected to conduct the intervention with the highest
professional standards, and without direction from the show's producers. The
executive producers are taking your concerns about Ms. Chavous very seriously
and will review her overall conduct with appropriate clinical professionals.
If there
are any specific inaccuracies in the language concerning the Marchman Act (in
text on screen) in the "COURTNEY" episode (or specific inaccuracies
that Ms. Chavous articulated), the executive producers would be grateful for
your feedback.
Many
thanks,
The
Intervention Team
_____________
Sent: Fri
3/9/2012 3:13 PM
To: emailintervention@gmail.com
To the Producers of
A&E Intervention:
Let me begin by
thanking you for your prompt response.
To answer your question
directly: Yes, every statement Ms. Chavous told Courtney’s family about the
Florida Marchman Act in the “Pre-Intervention” segment of Episode 10 was
false. More so, the information was not simply inaccurate or misleading –
it was untruthful. Specifically, when the family asked her if Courtney
would be arrested if she did not agree to go to treatment on the day of the
intervention. In response, Ms. Chavous describes what she refers to as a
“typical” scenario that would play out in such instances and spoke in such a manner
as to suggest she has: (1) seen this happen before, and (2) had been personally
involved in such situations in the past (see the dialogue verbatim
below).
The truth of the matter
is that what Ms. Chavous describes to Courtney’s family could never have
occurred either in her presence, or, in anyone’s presence under the Florida
Marchman Act for that matter. Neither she, nor any law enforcement
officer would have the legal authority to allow such a thing to occur under the
Florida Marchman Act – ever!
Understand, although
the Florida Marchman Act is an “involuntary commitment” statute that allows for
a court to "order" a substance impaired individual to enter and
comply with treatment, only A COURT can do so and after determining its
necessity based on strict rules of evidence:
1. “that there is a
reasonable belief that the individual is substance abuse impaired and the
individual:
2. has lost the
power of self-control with respect to substance use;
3. has inflicted or is
likely to inflict physical harm on him/herself or others unless admitted;
4. the person's
judgment is so impaired they are incapable of appreciating the need for care
and making a rational decision regarding such care;
5. the person has
refused to seek voluntary care.”
It is important to note
that the addict is afforded at all times during these court proceedings all
rights to “due process” afforded to them by the U.S. Constitution; also, they
are afforded additional “Patient Rights” and protection, per Florida Statute and
the Florida State Constitution.
Marchman Act courts are
about the protection of the public and the addict from harm resulting from
chronic substance abuse. The Marchman Act is not about punishment and
incarceration. The Marchman Act “process” is about introducing
consequences in an addict’s life for their decision to continue drug use where
none currently exist. Regardless, the impaired individual at all times is
given the right to choose their future path with treatment and the court.
The entire process I will not belabor now, but have attached a guide I wrote
for families that illustrates this process.
The following is a
word-for-word account of Donna Chavous conversation with Courtney’s family in
Episode 10: “The Pre-Intervention” scene:
________________
Donna Chavous: “Because we are in Florida you have the Marchman Act.”
Donna Chavous: “Allows three family members to sign a petition to get her
involuntarily put into rehab.”
Donna Chavous: “If she is not compliant she can be put in jail automatically.” [emphasis
added].
Courtney’s
Grandmother (scared / apprehensive): “If she
says “no” tomorrow will she be arrested right then?”
Donna Chavous: “Yes, I will call the cops.”
Courtney’s
Grandmother (scared / apprehensive): “I’ve never
had the cops outside my home. Do you have the police outside in order to do
this?”
Donna Chavous:“Yes.”
Courtney’s
Grandmother (scared / apprehensive): “Only one?”
Donna Chavous: “Yes, usually only one unless she gets out of hand.”
Courtney’s
Grandmother (scared)....
___________
Let’s examine Donna
Chavous statements:
Do three family members
need to sign a FL Marchman Act Petition to file under the statute? – NO
If Courtney refused
treatment on the day of the intervention would she ever be put in jail
automatically under the Florida Marchman Act? – NEVER
Could Ms. Chavous
simply call the cops and have Courtney arrested under the FL Marchman Act
statute, if she refused treatment? – NEVER.
Is law enforcement ever
used in Marchman Act Cases as described by Ms. Chavous without first having
filed lawful petitions (which are reviewed and signed by a Circuit Court
Judge)? - NEVER
_________
Here is what is so
personally offensive about Donna Chavous’ characterization of the Florida
Marchman Act in this episode. First, she acted intentionally; when she
spoke to Courtney's grandmother she had knowledge that what she was saying to
the family was untrue. In fact, I am confident that Donna Chavous based
upon her statements has never been involved in anything resembling what she
purports as true. Second, by misinforming the family, she violated
ethical considerations that exist in the client / interventionist relationship. More so, by making
such false claims clearly created unnecessary anxiety for an already
traumatized family member(s). Third, she broke the number one rule of
Marchman Act work by threatening Courtney with the Marchman Act at the
intervention; fully aware that no legal process was initiated with the court.
Yet, she then aggravates the situation and recklessly allows family members to
unwittingly make false threats to Courtney that she would be arrested, if she
did not comply with Donna Chavous commands and instruction. Fourth, the
intervention itself was initiated with full knowledge that it would fail, if
Courtney refused treatment, because the foundation of the "intervention
plan" was based upon a lie and the promise of specific results that could
never be realized by Donna Chavous. Accordingly, the intervention
immediately escalated into what I can reasonable describe as chaos with an
agitated Courtney fleeing the home within seconds of entry in an emotionally
heightened and excited state.
It is essential for you
to take the time to recognize the significance of the risk that Donna Chavous
created for Courtney based upon her untruths. Ask her the following
question yourself:
Q: What does a IV
heroin addict do to alleviate emotional / psychological
stress?
A: Shoot more heroin.
Understanding
this one realizes Donna Chavous created a situation whereby Courtney
was going to go and shoot heroin as soon as possible (and, understanding
addictive behavior compounded by confrontation and a high degree of stress)
most likely as much heroin as she could get her hands on. Courtney
without a doubt was placed in a dangerous situation, where overdose was not
only possible, but probable. Ironically, the families greatest fear for
Courtney - the risk of overdose - was actually put in motion by the very
same person the family believed was sent to save her from overdose.
Fifth, Donna Chavous recklessly instructed Courtney’s sister to go after
Courtney after she fled the intervention site (whereby everyone else present -
cameras included - followed in pursuit). Ultimately,
this placed the sister in a precarious and dangerous situation culminating with
her hanging from the open door of a moving vehicle driven by Courtney's
boyfriend (another active heroin addict), who speeds away, like Courtney, in an
emotionally heightened state.
In conclusion, let me
just express to you the personal offense Donna Chavous' outrageous behavior had
upon me as an advocate of the rights of addicts and their families.
A&E Intervention's purported "professional" Donna Chavous
instructed a global audience to believe that it is "acceptable and
beneficial" to lock up addicts because of their addiction; and, doing so
is also supported by both the legal and judicial systems. Advocates (like
myself) have battled for over a hundred years to bring acceptance to the modern
public concept of a “disease model” for addiction. A&E Intervention (among
others) have helped to increase such public acceptance and should be commended
for whatever role they played in bringing this understanding to "the
masses" that addiction is a bio-genetically predisposed disease (not
unlike any other disease: heart disease, diabetes and/or cancer). Yet, in
an instant, Donna Chavous (whether you brand her actions unintentional, done out
of ignorance, or, wantonly reckless) brought a television viewing audience of
over 100,000,000 along for a wild ride where Courtney the self declared
"Junkie Princess" is an immoral, societal blight, who is best dealt
with by locking her away. That was the lesson A&E Intervention gave
the world on March 05, 2012. More so, in Florida, there are laws where
such things can and do happen.
That is what is so
personally offensive to me in this entire ugly situation. The legislative
intent of the Florida Marchman Act in the early 90’s was recognize the impact
of addiction not only on society as a whole, but the addict themselves. A
law enacted to divert addicts out of jail cells and into treatment beds.
A law that would give enforcement in Florida a vehicle to assist a fellow
citizen in medical crisis without having to charge them with a crime in order
to save their life. Institutionalizing addicts is regarded in our field
as an ineffective, antiquated clinical failure and a dark, ugly shadow of our
collective history. Physical restraints and jail cells were a draconian,
yet accepted practice well into the late 70's; an approach to treatment that
has been proven to be fraught with unthinkable abuses (especially, in instances
where substance abusers were minor children, the elderly or physically/mentally
infirmed. Donna Chavous actions (although exciting for television
viewers) turned back the clock and reinforced the diminishing belief that
society does addicts a service by locking them away from normal people. Addicts
are not criminals - they are simply sick. And, the Florida Marchman Act was
written with this in mind by progressive minds. Accordingly, the Florida
Marchman Act is the most progressive “involuntary commitment” statute of any of
the 36 states that have such laws on the books. This law deserved better
and the public deserved better because this law saves lives.
Thank you for taking
the time to listen. Please recognize that I bear no ill will toward A&E or
any of the producers of this show. This is simply a subject that I am
quite passionate about based on my own personal experiences as a lawyer.
If something like this were going on under my own roof, I would want it brought
to my attention as well.
Respectfully,
Raymond G. Ferrero III,
J.D.
Executive Director of
Intramural Health Affairs
