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How Dr. Scott Benton’s decisions tore these families apart

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How Dr. Scott Benton’s decisions tore these families apart

This story is the third part in Mississippi Today’s “Shaky Science, Fractured Families” investigation about the state’s only child abuse pediatrician crossing the line from medicine into law enforcement and how his decisions can tear families apart.Read the full series here.

Caryn Jordan, Columbia

Caryn Spell and her daughter Sawyer pose for a portrait inside of their home Columbia, Miss., Monday, December 12, 2022.

When Caryn Jordan took her 10-month-old daughter to Forrest General Hospital on March 29, 2020, she never imagined the state would take her child from her.

She said she also never considered that a pediatrician who would accuse her of child abuse wouldn’t do the necessary testing to determine if a genetic disease caused her daughter’s fractures.

The nightmare started when Jordan was putting her daughter Sawyer in her high chair. She noticed one leg was warm and swollen. She tried to get Sawyer to stand up, but the child couldn’t handle pressure being applied to the swollen leg.

At Forrest General Hospital, Jordan said doctors told her an X-ray revealed a fracture on Sawyer’s leg and that the hospital would have to transfer Sawyer to the University of Mississippi Medical Center (UMMC) in Jackson because they were not equipped to put a cast on an infant. The hospital had contacted Child Protective Services, she said she later realized.

An official with Forrest General Hospital said when there is suspected abuse or neglect, the hospital social worker is consulted and further screening is done.

“CPS is notified when circumstances warrant,” said Suzanne Wilson, the director of emergency services and transfer center at the hospital.

Wilson said not all suspected abuse cases are transferred out of the facility, but those requiring a specialist’s care are transferred, as well as those in need of pediatric services not provided at the hospital.

After performing a full body X-ray on Sawyer at UMMC, doctors told Jordan her daughter had a broken leg and 11 fractures across her body in various stages of healing.

Jordan was baffled. Sawyer had rarely left their home, aside from frequent doctor visits due to stomach issues and a salmonella infection. Her mind raced for answers.

Then Jordan got a call from Dr. Scott Benton, a pediatrician at UMMC who specializes in child abuse pediatrics. He told her that Sawyer looked like she had been thrown against a wall or in a car accident, she said. Another mother told Mississippi Today that Benton also accused her of throwing her baby against the wall.

“He spoke to me like I was this abusive, disgusting mother,” Jordan said. “I don’t think I’ve ever been that angry.”

Benton, who Jordan said she never saw in person, determined abuse caused her injuries. Jordan said to her knowledge, Benton, who told her on the phone he was out of town at the time, never saw Sawyer in person.

Jordan would not be taking Sawyer home. She was told to leave the hospital, and Sawyer went into the custody of Child Protective Services.

Jordan and her daughter Sawyer at UMMC in March 2020.

Back home in Columbia, Jordan turned all of her energy into getting Sawyer back, a fight that cost her everything. She was only able to work part time due to frequent court dates and doctor’s visits. She drained her savings and lost her health insurance. Her relationship with her boyfriend imploded. She moved back in with her parents.

“Could the fractures have occurred during birth?” she wondered. At one point, Sawyer got stuck in the birth canal. She had to be pushed back inside and delivered through an emergency cesarean section, Jordan said.

“Might Sawyer have a brittle bone disease called osteogenesis imperfecta?” Jordan thought. The group of inherited genetic disorders affects how the body makes collagen and causes fragile bones. A Facebook group she joined for parents whose children had the disorder encouraged her to request a bone density test.

But when Jordan proposed the idea, Benton replied in text messages that she shared with Mississippi Today: “There is no validated and approved bone density test for infants.”

While bone density tests are not typically performed on infants, there are alternative methods, Jordan said a pediatrician at Children’s Hospital New Orleans told her in June 2020. They include a skin biopsy or genetic testing to look for anomalies in certain genes involved in encoding collagen.

In videos shared with Mississippi Today, the New Orleans doctor tells Jordan that Sawyer’s symptoms and injuries are consistent with what is seen in a child with brittle bone disease, and that often the fractures are painless and left undiscovered for some time.

But Jordan was unaware Benton had performed a genetic osteogenesis imperfecta panel test on Sawyer on March 31, nor was she given the results. That test detected a variant of uncertain significance in her COL1A1 gene, which is involved in collagen production, according to Sawyer’s medical records from UMMC.

Dr. Mahim Jain, director of the Osteogenesis Imperfecta Clinic at Kennedy Krieger Institute and an assistant professor in the Department of Pediatrics at Johns Hopkins University School of Medicine, said issues with the COL1A1 gene are a major cause of OI.

“A variant of uncertain significance doesn’t really say, ‘Yes, it is disease causing’ or ‘no, it’s not.’ It means that there’s more work to be done to try to sort out if it is causing the condition,” Jain told Mississippi Today.

Benton’s report on Sawyer’s genetic test recommends genetic counseling and targeted testing of her parents to better understand the implications of this variant, but no further testing was done and no explanation was given as to why, according to the medical records.

Jordan said she became aware of the test and its results only after her case was concluded.

Benton declined to answer questions about Jordan and her daughter’s case, even though Jordan submitted a form to UMMC authorizing hospital employees to discuss her daughter’s medical records with Mississippi Today.

Benton told a group of public defenders in a recorded presentation about sex crimes, however, that before he came to UMMC in 2008, parents and anyone who was suspected of being associated with a child’s injury was “kicked out of the hospital.”

Dr. Scott Benton explains to a group of public defenders in a recorded presentation how he changed UMMC’s protocol to better understand patients’ history and his approach to talking to parents and caregivers of children he suspects have been abused or neglected.

He said he reversed that policy so he could be sure to get a full history from parents and not overlook any possible medical explanations for a child’s injuries.

“That was part of their protocol (at the time). And I said ‘Alright, who am I supposed to get the history from? Who am I supposed to (talk to) to figure out if there’s a medical explanation for some of these bleeding findings?’” he told the group. “So we quickly reversed that.”

For the first three months while Sawyer was with a foster family, Jordan said she wasn’t allowed to see her, despite CPS visitation policy that states contact between the child and his or her parents must be arranged within 72 hours of that child being placed into foster care.

Shannon Warnock, a spokeswoman for CPS, said the agency can’t comment on specific cases, “including any exceptional circumstances that warrant policy adjustments.”

In December 2020, nine months after Jordan went into CPS custody, Jordan’s parents got a foster care license and got custody of Sawyer.

In doing so, that meant Jordan had to move out. She found a one-bedroom apartment she could afford.

Ultimately, the youth court judge concluded Sawyer was abused but it was unclear who inflicted the injuries, so she was returned to Jordan on April 5, 2021.

In the aftermath, Jordan has been diagnosed with post-traumatic stress disorder, an anxiety disorder and depression. She mourns the milestones she missed during the 15 months Sawyer was taken from her.

“I missed my daughter’s first birthday,” Jordan said. “I missed her first Easter. I missed her first step. I missed a lot of firsts. And these are things I can never get back.”

The separation also affected Sawyer, now an outspoken 3-year-old who sometimes rolls her eyes at her mother and loves to dance.

Sawyer has to carry KeKe, a fuzzy blanket covered in llamas, with her wherever she goes, Jordan said. The baby blanket was the only one of her belongings she was able to keep while in state custody. She still has separation anxiety, and Jordan often has to reassure her she will not leave her again.

Jordan recently scheduled additional testing for Sawyer in New Orleans to confirm if she has the brittle bone disease. She said she waited because of the cost, and because for a long time, the idea of taking Sawyer to a doctor left her terrified.

The two now live in a two-bedroom house in Columbia with a large backyard. They’re trying to start over and create a new normal.

“Ever since they closed our case, I’ve just tried to be a mom,” Jordan said.

Lindsey Tedford, Tupelo

Blake Tedford, from left, 10-month-old Cohen Tedford, Lindsey Tedford and 3-year-old Cullen Claire Tedford pose for a family portrait at Ballard Park in Tupelo, Miss., Friday, March 25, 2022.

Lindsey Tedford of Tupelo rushed her 3-week-old son Cohen to the local emergency room at North Mississippi Medical Center on June 13, 2021. While her husband was holding their newborn and bent down to pick up a pacifier from the floor, Cohen had hit his head on the nearby crib, the parents told the nurses in the emergency room.

Cohen had bruising under both eyes and on his nose but was otherwise fine, the doctors told her.

The hospital never performed CT or MRI scans, medical records from the visit show.

But when Cohen was at a pediatric cardiologist appointment about two and a half months after the crib accident, the doctor noticed something concerning. Cohen’s head circumference had increased since his two-month checkup with his pediatrician. He scheduled an ultrasound two weeks later, and the results were “concerning for a brain bleed,” according to the baby’s medical records.

The doctor sent them to the North Mississippi Medical Center for a CT scan. It confirmed the ultrasound results: Blood had collected between the skull and the surface of the brain, and Cohen had a possible skull fracture.

The results triggered a chain of events that led to the Tedfords losing custody of Cohen for nearly five months. The state’s only child abuse pediatrician, Dr. Scott Benton, accused them of child abuse and diagnosed Cohen with “nonaccidental trauma.”

In recent months, doctors at Le Bonheur Children’s Hospital in Memphis have diagnosed Cohen, now over a year old, with a bleeding disorder called idiopathic thrombocytopenic purpura, or ITP. Subdural hematomas and intracranial hemorrhage — both diagnoses Cohen received at UMMC — are rare complications of ITP.

Back in September of 2021, the North Mississippi neurosurgeon recommended operating on the brain bleed as soon as possible. Lindsey asked the doctor to transfer Cohen to Le Bonheur in Memphis and left the hospital to go home to get clothes for the trip. On her way back, she got a frantic call from her husband Blake: they had taken Cohen in a helicopter, and he didn’t know where they were taking him, she said.

“As soon as Blake left to go out of the room to follow the people taking Cohen to the helicopter, (people from Child Protective Services) were waiting on him to question him.”

Eventually a nurse manager told him Cohen was sent to the University of Mississippi Medical Center in Jackson, she said.

A spokeswoman for North Mississippi Medical Center said the hospital aims to care for potential victims of child abuse “with love and respect.”

“We report child abuse to Child Protective Services in accordance with Mississippi regulations and treat as medically appropriate,” the spokeswoman said when asked how the hospital handles cases of suspected abuse and neglect. “UMMC maintains a Pediatric Sub-Specialty Clinic in Tupelo, which offers non-traumatic medical examinations and treatment for cases of suspected abuse and neglect.”

Cohen Tedford when he was hospitalized in 2021.

The Tedfords said they made phone calls to UMMC as they drove to Jackson. They eventually found Cohen in the emergency room.

They didn’t hear from Child Protective Services again until almost two weeks later — the day before Cohen was discharged into CPS custody.

CPS policy and state law do not require parents be informed they are being investigated for possible child abuse in any specific time frame.

“The Foster Care Policy manual does say that a parent ‘will be notified prior to, or as soon as safely possible, that his/her child is being placed in custody,’ but there is no specific time period for notifying the parent of the child’s removal,” said Shannon Warnock, a spokesperson for CPS.

She said the agency could not comment on specific cases.

Following more tests, Cohen was transferred to the pediatric intensive care unit. Neurology, hematology and ophthalmology consulted on his case.

Blood work revealed he was anemic, but medical records note a hematologist “… felt that anemia was most likely secondary to subdural hematoma.”

No other tests or scans were abnormal, according to the records.

About five days into Cohen’s hospital stay, Dr. Scott Benton introduced himself to her and her husband as the “staff forensic pediatrician,” Lindsey said.

“I didn’t know what that meant,” she said. “He said, ‘I’m going to record this session,’ and didn’t tell us a whole lot, just started asking questions.”

The couple relayed how Cohen had hit his head on his crib at 3 weeks old. Benton said the bleeding couldn’t have been caused by that, Lindsey said.

When she showed him pictures of Cohen’s bruised face and the bassinet, he said that didn’t “impress” him, she recalled.

Lindsey also told Benton about Cohen’s “traumatic” birth, but she said he told her the same — it didn’t impress him. During 17 hours of labor, both her and his heart rates dropped on several occasions, and she lost consciousness.

Cohen was born with the umbilical cord wrapped around his neck.

Benton declined to answer questions about Lindsey and her son’s case, even though she submitted a form to UMMC authorizing hospital employees to discuss her son’s medical records with Mississippi Today.

Lindsey attempted to get the recording of her conversations with Benton from the Children’s Safe Center, the medical center Benton oversees, but was unable to reach an employee, she said. Another mother who attempted to get similar recordings was told she must have an attorney to do so.

At UMMC, a surgeon drilled small openings called burr holes into Cohen’s skull to relieve pressure from the bleeding. He recovered and was discharged from UMMC.

The Tedfords appealed to a CPS case worker to allow Cohen to stay with Blake’s mother, who lived about 20 minutes from their home. CPS tentatively agreed, pending a successful home visit.

On Sept. 22, 2021, officials from Child Protective Services took the baby back to Tupelo. The hospital had diagnosed his injury as “nonaccidental trauma to child.”

For months, the Tedfords’ lives were divided between two houses. CPS had also removed their then-3-year-old daughter Cullen Claire from the home under a safety plan, and she was staying with Lindsey’s parents.

“She kept asking, ‘Why can’t I go home with my mommy and daddy? Is my brother ever going to get better?’ We couldn’t tell her, ‘You can’t come home because these people think we’re abusing you,’” said Lindsey.

Cohen wasn’t sleeping well away from his home, either, and his grandmother was in a state of constant exhaustion.

Over the next several months, CPS visited the Tedfords’ home, and the couple took (and passed) a polygraph test at the end of October, Lindsey said.

At a December safety plan review, Cullen Claire’s court-appointed guardian recommended returning her home because of the detrimental impact on her mental health — contingent on Lindsey receiving a mental evaluation because of the postpartum depression she revealed to Benton at the hospital in their conversation.

Several court dates for Cohen in early January passed with no action from CPS or the prosecution. They finally went back to court at the end of January.

“Our lawyer presented dismissal, saying there was basically not enough evidence to say these people abused their children,” recalled Lindsey. “He said, ‘This has been going on for five months now, nothing’s happened, we haven’t been to trial, and we just now got medical records. How long is this going to go on, and this family is broken?’”

When the judge asked the prosecution if they would be ready for trial in the next month, the attorneys said no.

Cohen’s court-appointed guardian also recommended the child return home. The judge ruled in the Tedfords’ favor, but stated Cohen should remain under a CPS safety plan involving periodic home visits. The plan ended March 2, 2022.

Life for the Tedfords is, on the outside, back to normal. But a lot has changed.

In addition to the health scare with Cohen and frequent trips to Memphis for his doctor appointments for ITP, his sister Cullen Claire, now 4, is struggling.

“We’re looking into child therapy for her. She tells us all the time that she doesn’t think we love her, that no one likes her. She’s struggled at school,” Lindsey said, starting to cry. “It’s definitely caused a lot of trauma.”

Lindsey has also been to therapy to work through what happened.

She said any time there’s a minor accident — bumps, falls and scrapes — she gets worried.

“What would it take for my kids to go back into CPS custody?” she wonders.

Lauren Ayers, Madison

Lauren Ayers and her 3-year-old son, Eli Ayers, pose for a portrait at their home in Flora, Miss., Thursday, March 24, 2022.

After an afternoon at the playground on July 24, 2018, Lauren Ayers of Madison came home with her 10-week-old twins and almost 2-year-old son.

Ayers’ husband was in Oklahoma for work, so she was left alone with the three boys. She made spaghetti for her older son and herself. After they ate, she started the bedtime routine for the twins, Eli and Conner. She changed Conner’s diaper, swaddled him and laid him in his bassinet in her bedroom.

She put the other twin, Eli, on the plastic diaper changing pad on top of the dresser where she changes the boys’ diapers in their nursery. She had Eli’s onesie undone, so the lower half of his body was pressed directly against the uncovered pad.

The three children’s screams and cries created a cacophony in her home. Eli was kicking and thrashing on the changing pad.

Over the sound of the cries, she heard a clicking noise behind her and turned around, with Eli still on the changing table. Her older son sometimes liked to stand on the glider and rock back and forth, and she’d often have to intercept him before he fell. This time, though, he was playing with a retractable tape measure.

Turning back around, she was horrified to see Eli had scooted himself backwards and had fallen, landing on the crown of his head on the hard floor.

She remembers the resounding thud. When she ran over to pick him up, he was crying, but then became limp and lost consciousness.

“I thought he had broken his neck … I couldn’t find my phone, I was running outside and screaming for anybody to help me,” Ayers recalled. “I finally remembered where my phone was and ran in and called 911. He was unconscious, but he was breathing.”

Ayers’ neighborhood in Flora was new at the time, and she said she was either so upset she wasn’t being clear about where she lived or the emergency response officials weren’t sure where she was. She offered to meet them at Mannsdale Upper Elementary School, about a mile from her house.

“I loaded everybody up, got there … three different fire departments came,” she said. “I kept asking this off-duty firefighter … ‘What do we need to do?’ And he said, ‘Look, if anything’s wrong with him, you want him in the care of an ambulance.’”

With Ayers’ husband out of town and her family in Destin, her best friend came to the school along with her husband.

When no ambulance had arrived 30 minutes later, “the off-duty firefighter was like, ‘You’ve got to get him to a hospital,’” she said. “So my best friend’s husband drove us (to the University of Mississippi Medical Center).”

Ayers’ friend stayed with her and Eli, who had regained consciousness, when he arrived in the emergency room.Two of Ayers’ other friends were also in the emergency room with them, along with her in-laws.

Eli Ayers plays with his toys at his home in Flora, Miss., Thursday, March 24, 2022.

“Thank God people could come back in the ER (because) they were witnesses of everything that happened … They tried to get an IV in him … They stuck him probably over 12 times,” Ayers described. “They couldn’t get blood from him.”

The nurses started a procedure called “milking,” said Ayers, where they would put both hands on Eli’s legs and arms and squeeze the skin in opposite directions in an attempt to get blood to flow.

They checked his stats, ran tests and admitted him to the pediatric intensive care unit for the night. A neurosurgeon reassured Ayers and her family that while the injury was bad, Eli would recover.

A scan the next morning showed Eli’s brain bleed had not gotten any larger, so he was moved to a regular room. That day, Ayers said the nurse told her the forensic pediatrician wanted to go over what happened. Ayers had no idea what a forensic pediatrician was.

Ayers attempted to get a recording of her conversation with Benton to share with Mississippi Today, but was told by the Children’s Safe Center, the medical center Benton oversees, that she would have to get an attorney to obtain it.

But she well remembers how the conversation began.

“He goes on to explain his (Eli’s) injuries and then asked if I remembered (the actress) Natasha Richardson. And I was like ‘Yea, yea, from the ‘Parent Trap’,’” she said. “And he goes, you know, ‘she had the skiing accident … This is the same injury your child has.’”

Richardson suffered a head injury and died two days later in 2009.

Ayers was shocked. She thought maybe Benton was about to tell her something was very wrong.

Benton abruptly closed his notebook and looked at her, she said.

“He said, ‘You’re under a lot of pressure right now. You have three kids, you were home alone — postpartum (depression) is a real thing,’” she remembered. “‘Tell me what really happened.”

Benton’s notes from Eli’s medical records show his certainty that the baby was not injured the way Ayers said.

“The fractures are discontinuous (do not connect) and appear to represent separate impact sites,” his notes show. “… Bilateral fractures are not reported in single fall incidents except where the skull fractures are continuous across sutures or in cases of bilateral out bending from a posterior impact causing symmetrical fractures.”

He goes on to note his concerns are whether Eli was developmentally able to kick or slide himself backwards and whether his skull fractures are “consistent” with Ayers’ account of what happened.

An occupational therapist who later evaluated Eli noted he was “quite active for age and may be slightly ahead with developmental milestones.” Ayers also took a video of Eli scooting himself backwards off a diaper changing pad, which she provided to Mississippi Today. In the video, he is wearing the same onesie outfit he was wearing in photos from the hospital.

She said Benton then told her he believes she threw the baby against a wall.

Yet the “most traumatizing part” of the first meeting with Benton, she said, was when he “strips that baby naked, and he’s looking, I guess, for signs of abuse.”

He started taking pictures of the bruises and needle marks from when Eli was admitted in the ER. Ayers asked what he was doing, and he said he believed she had inflicted the bruises.

He argued with her that the bruises were not from attempts to draw blood, and that “milking” was against hospital policy.

Eli Ayers, center, plays with his brothers Drew Ayers, left, and Conner Ayers at their home in Flora, Miss., Thursday, March 24, 2022.

“I kept saying, ‘Don’t you see the needle marks?’ I was screaming at the nurses, ‘These are needle marks, you see them and you gave them to him!’” said Ayers.

Her friend had written down the names of the nurses who treated Eli in the emergency room, and Ayers begged Benton to talk to them. Ayers found a nurse who showed Benton records that when Eli first came to the hospital, no bruising or marks were noted.

A pediatric general surgeon who reviewed Eli two days later noted “bruising to left hand with visible venous access attempt noted” and “IV to right foot.”

Benton backed off, she said. But Ayers’ anxiety had only increased.

“At that point I was like, ‘They’re going to take this baby from me,’” she said.

Benton declined to answer questions about Ayers and her son’s case, even though Ayers submitted a form to UMMC authorizing hospital employees to discuss Eli’s medical records with Mississippi Today.

At the next meeting with Benton, Ayers had family members with her, including her father-in-law, a pharmacist. One of Eli’s tests had come back showing he had slightly elevated liver enzymes, which Benton believed indicated trauma to the abdomen.

Ayers’ father-in-law asked to review the test results.

“He (my father-in-law) literally looked at him and said, ‘Dr. Benton, with all due respect, these are stress-related elevated enzymes,’” she recalled. “‘These are not trauma-level numbers.’”

Benton said Eli would need to do a CT with contrast that requires fasting and radiation. Radiation exposure is particularly concerning in children because they are more sensitive to radiation. And because they have a longer life expectancy than adults, that results in a larger window of opportunity for them to experience radiation damage.

Ayers and her father-in-law objected to the CT, noting Ayers’ husband, Drew, had a kidney condition that made dehydration particularly dangerous, and there was a chance Eli might have the same issue.

But Benton insisted, and they relented.

In the paperwork under “clinical history” for the CT scan, it states: “Reported new bruising on the abdomen. Concern for blunt trauma to abdomen.” There had never been any mention of abdominal bruising in the medical records or to Ayers up until that point, and the CT was performed two days after Eli came to the hospital.

The scan came back normal.

“No evidence of blunt trauma to the abdomen. No acute fractures or dislocations,” the report stated.

Eli was discharged but subjected to another full body X-ray several weeks after he left, according to records. A case worker from Child Protective Services visited Ayers’ home and cleared Eli to return. Several weeks later, a Madison County sheriff’s investigator also interviewed Ayers.

The case was closed that day, the incident report stated.

What haunts Ayers even four years later is wondering what happens to mothers without the resources she had: the ability to hire an attorney, a family member in the medical field to sit in on meetings with Benton and the support of friends and family who were in the emergency room and hospital with her.

“This man should have some more oversight … if you’re going to subject a 10-week-old to all these tests, two MRIs, a CT, X-rays, you should have your evidence in order,” said Ayers, who said she struggled “with some pretty dark days” after the accusations from Benton and the experience in the hospital.

Ayers filed a complaint with the Mississippi State Board of Medical Licensure in March of last year. In her complaint, she highlighted the unexplained “new bruising to abdomen” on the notes for his CT – bruising that was never mentioned anywhere else in his medical records.

“I would say, about 10 doctors signed off that my child (the patient) had ZERO bruising anywhere on his body upon admittance to the hospital … Scott Benton couldn’t ethically order this CT with contrast on my child bc (because) his liver enzymes weren’t actually elevated enough to need it,” she wrote. “ … Before I take matters further, I’d really like someone to call me, asap.”

She never heard anything back.

Editor’s note: Kate Royals, Mississippi Today’s community health editor since January 2022, worked as a writer/editor for UMMC’s Office of Communications from November 2018 through August 2020, writing press releases and features about the medical center’s schools of dentistry and nursing.


This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

IHL deletes the word ‘diversity’ from its policies

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mississippitoday.org – Molly Minta – 2024-11-21 14:32:00

The governing board of Mississippi’s public universities voted Thursday to delete the word “diversity” from several policies, including a requirement that the board evaluate university presidents on campus diversity outcomes.

Though the Legislature has not passed a bill targeting diversity, equity and inclusion initiatives in higher education, the Institutions of Higher Learning Board of Trustees approved the changes “in order to ensure continued compliance with state and federal law,” according to the board book

The move comes on the heels of the re-election of former President Donald Trump and after several universities in Mississippi have renamed their diversity offices. Earlier this year, the IHL board approved changes to the University of Southern Mississippi’s mission and vision statements that removed the words “diverse” and “inclusiveness.”

In an email, John Sewell, IHL’s communications director, did not respond to several questions about the policy changes but wrote that the board’s goal was to “reinforce our commitment to ensuring students have access to the best education possible, supported by world-class faculty and staff.”

“The end goal is to support all students, and to make sure they graduate fully prepared to enter the workforce, hopefully in Mississippi,” Sewell added.

On Thursday, trustees approved the changes without discussion after a first reading by Harold Pizzetta, the associate commissioner for legal affairs and risk management. But Sewell wrote in an email that the board discussed the policy amendments in open session two months ago during its retreat in Meridian, more than an hour away from the board’s normal meeting location in Jackson.

IHL often uses these retreats, which unlike its regular board meetings aren’t livestreamed and are rarely attended by members of the public outside of the occasional reporter, to discuss potentially controversial policy changes.

Last year, the board had a spirited discussion about a policy change that would have increased its oversight of off-campus programs during its retreat at the White House Hotel in Biloxi. In 2022, during a retreat that also took place in Meridian, trustees discussed changing the board’s tenure policies. At both retreats, a Mississippi Today reporter was the only member of the public to witness the discussions.

The changes to IHL’s diversity policy echo a shift, particularly at colleges and universities in conservative states, from concepts like diversity in favor of “access” and “opportunity.” In higher education, the term “diversity, equity and inclusion” has traditionally referred to a range of efforts to comply with civil rights laws and foster a sense of on-campus belonging among minority populations.

But in recent years, conservative politicians have contended that DEI programs are wasteful spending and racist. A bill to ban state funding for DEI in Mississippi died earlier this year, but at least 10 other states have passed laws seeking to end or restrict such initiatives at state agencies, including publicly funded universities, according to ABC News.

In Mississippi, the word “diversity” first appeared in IHL’s policies in 1998. The diversity statement was adopted in 2005 and amended in 2013. 

The board’s vote on Thursday turned the diversity statement, which was deleted in its entirety, into a “statement on higher education access and success” according to the board book. 

“One of the strengths of Mississippi is the diversity of its people,” the diversity statement read. “This diversity enriches higher education and contributes to the capacity that our students develop for living in a multicultural and interdependent world.”

Significantly, the diversity statement required the IHL board to evaluate the university presidents and the higher learning commissioner on diversity outcomes. 

The statement also included system-wide goals — some of which it is unclear if the board has achieved — to increase the enrollment and graduation rates of minority students, employ more underrepresented faculty, staff and administrators, and increase the use of minority-owned contractors and vendors. 

Sewell did not respond to questions about if IHL has met those goals or if the board will continue to evaluate presidents on diversity outcomes.

In the new policy, those requirements were replaced with two paragraphs about the importance of respectful dialogue on campus and access to higher education for all Mississippians. 

“We encourage all members of the academic community to engage in respectful, meaningful discourse with the aim of promoting critical thinking in the pursuit of knowledge, a deeper understanding of the human condition, and the development of character,” the new policy reads. “All students should be supported in their educational journey through programming and services designed to have a positive effect on their individual academic performance, retention, and graduation.” 

Also excised was a policy that listed common characteristics of universities in Mississippi, including “a commitment to ethnic and gender diversity,” among others. Another policy on institutional scholarships was also edited to remove a clause that required such programs to “promote diversity.” 

“IHL is committed to higher education access and success among all populations to assist the state of Mississippi in meeting its enrollment and degree completion goals, as well as building a highly-skilled workforce,” the institutional scholarship policy now reads. 

The board also approved a change that requires the universities to review their institutional mission statements on an annual basis.

A policy on “planning principles” will continue to include the word “diverse,” and a policy that states the presidential search advisory committees will “be representative in terms of diversity” was left unchanged.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Closed St. Dominic’s mental health beds to reopen in December under new management

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mississippitoday.org – Gwen Dilworth – 2024-11-21 13:54:00

The shuttered St. Dominic’s mental health unit will reopen under the management of a for-profit, Texas-based company next month. 

Oceans Behavioral Hospital Jackson, a 77-bed facility, will provide inpatient behavioral health services to adults and seniors and add intensive outpatient treatment services next year. 

“Jackson continuously ranks as one of the cities for our company that shows one of the greatest needs in terms of behavioral health,” Oceans Healthcare CEO Stuart Archer told Mississippi Today at a ribbon cutting ceremony at its location on St. Dominic’s campus Thursday. “…There’s been an outcry for high quality care.” 

St. Dominic’s 83-bed mental health unit closed suddenly in June 2023, citing “substantial financial challenges.”

Merit Health Central, which operates a 71-bed psychiatric health hospital unit in Jackson, sued Oceans in March, arguing that the new hospital violated the law by using a workaround to avoid a State Health Department requirement that the hospital spend at least 17% of its gross patient revenue on indigent and charity care.

Without a required threshold for this care, Merit Health Central will shoulder the burden of treating more non-paying patients, the hospital in South Jackson argued. 

The suit, which also names St. Dominic’s Hospital and the Mississippi Department of Health as defendants, awaits a ruling from Hinds County Chancery Court Judge Tametrice Hodges-Linzey next year. 

The complaint does not bar Oceans from moving forward with its plans to reopen, said Archer.

A hallway inside Oceans Behavioral Hospital in Jackson, Miss., is seen on Thursday, Nov. 21, 2024, during the facility’s grand opening. Credit: Eric Shelton/Mississippi Today

Oceans operates two other mental health facilities in Mississippi and over 30 other locations in Louisiana, Oklahoma and Texas. 

“Oceans is very important to the Coast, to Tupelo, and it’s important right here in this building. It’s part of the state of Mississippi’s response to making sure people receive adequate mental health care in Mississippi,” said Lt. Governor Delbert Hosemann at the Nov. 21 ribbon cutting.

Some community leaders have been critical of the facility. 

“Oceans plans to duplicate existing services available to insured patients while ignoring the underserved and indigent population in need,” wrote Hinds County Sheriff Tyree Jones in an Oct. 1 letter provided to Mississippi Today by Merit Health. 

Massachusetts-based Webster Equity Partners, a private-equity firm with a number of investments in health care, bought Oceans in 2022. St. Dominic’s is owned by Louisiana-based Catholic nonprofit Franciscan Missionaries of Our Lady Health System.

Oceans first filed a “certificate of need” application to reopen the St. Dominic’s mental health unit in October 2023. 

Mississippi’s certificate of need law requires medical facilities to receive approval from the state before opening a new health care center to demonstrate there is a need for its services. 

The Department of Health approved the application under the condition that the hospital spend at least 17% of its patient revenue on free or low-cost medical care for low-income individuals – far more than the two percent it proposed. 

Stuart Archer, CEO of Oceans Healthcare, speaks during the grand opening of Oceans Behavioral Hospital in Jackson, Miss., on Thursday, Nov. 21, 2024. Credit: Eric Shelton/Mississippi Today

Oceans projected in its application that the hospital’s profit would equal $2.6 million in its third year, and it would spend $341,103 on charity care.

Merit Health contested the conditional approval, arguing that because its mental health unit provides 22% charity care, Oceans providing less would have a “significant adverse effect” on Merit by diverting more patients without insurance or unable to pay for care to its beds. 

Oceans and St. Dominic’s also opposed the state’s charity care condition, arguing that 17% was an unreasonable figure. 

But before a public hearing could be held on the matter, Oceans and St. Dominic’s filed for a “change of ownership,” bypassing the certificate of need process entirely. The state approved the application 11 days later

Merit Health Central then sued Oceans, St. Dominic and the State Department of Health, seeking to nullify the change of ownership. 

“The (change of ownership) filing and DOH approval … are nothing more than an ‘end run’ around CON law,” wrote Merit Health in the complaint. 

Oceans, St. Dominic’s and the Mississippi Department of Health have filed motions to dismiss the case. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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How Mississippi’s Supreme Court Runoff Election Could Impact Criminal Cases

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mississippitoday.org – Caleb Bedillion, The Marshall Project and Daja E. Henry, The Marshall Project – 2024-11-21 11:00:00

Mississippi voters have dealt defeat to one conservative state Supreme Court justice and forced a moderate justice into a Nov. 26 runoff, with the final outcome possibly making the court more open to considering the rights of criminal defendants.

The nine-member court is largely conservative but justices have recently split in high-profile decisions that sharply affected state politics, including a ruling that shut down citizen-led ballot initiatives in Mississippi and allowed some state control over local criminal cases in its majority-Black capital. The court has also rendered rulings that have made the state increasingly unfavorable to defendants appealing their cases. 

“The ability of death row inmates in particular, and inmates in general, to access the courts has been recently curtailed significantly,” Matthew Steffey, a professor at Mississippi College School of Law, told The Marshall Project – Jackson and Bolts following the Nov. 5 election.  

Justice Dawn H. Beam joined the majority in those decisions, acquiring a reputation of being hostile to appeals by criminal defendants, and she ran for reelection this fall as the Republican Party’s favored candidate. However, she lost in the state’s 2nd District on Nov. 5 to David P. Sullivan, a defense attorney who has worked as a public defender.

Judicial races in Mississippi are nonpartisan and Sullivan has given few explicit signals about his judicial outlook. He has supported at least some criminal justice reforms and would be the third justice with experience as a defense attorney on this court. Some reformers nationwide have pushed for more professional diversity on the bench.

Even if Sullivan turns out to be more centrist or independent than Beam on criminal law, any overall shift in power on the court depends on the outcome of a runoff election next week. 

Two-term Justice Jim Kitchens and challenger Jenifer B. Branning will face each other in the Nov. 26 runoff election after neither won more than 50% of the vote on Nov. 5. The runoff will take place across the 22 counties that make up the Supreme Court’s central district, including Hinds County, home to Jackson. Throughout the campaign, the state GOP targeted Kitchens with attacks, while Branning, a Republican state senator with a conservative voting record, is endorsed by the party.

Kitchens is one of two reliably moderate-to-liberal high court justices. Justices from among an additional group of four sometimes veer away from the majority, as well, but can be more unpredictable, and this group does not vote as a bloc. 

Quinn Yeargain, a Michigan State University law professor who closely watches state courts, recently analyzed the court’s voting patterns and found Beam was consistently more conservative than Kitchens in recent cases. Yeargain told The Marshall Project – Jackson and Bolts that conservative and liberal voters often have few signals about how to select a candidate in judicial races. “It’s very hard to label the justices,” they said.


Sullivan — whose father was a Mississippi Supreme Court justice from 1984 to 2000 — called himself a “conservative” throughout his campaign. But he has also touted the value of judicial independence and criticized Beam for campaigning on her endorsement by the state Republican Party. 

“I think that rubbed a lot of people the wrong way,” Sullivan told the Sun Herald newspaper, speaking of Beam’s use of the endorsement. “Judicial races are nonpartisan for a reason. A judge’s impartiality could be called into question.”

Sullivan has broad legal experience, but much of his career has focused on private criminal defense while also doing some public defense work. He told The Marshall Project – Jackson and Mississippi Today that he supported a new administrative rule handed down in 2023 by the state Supreme Court to require continuous legal representation for poor criminal defendants from the beginning of their cases. An investigation by The Marshall Project, ProPublica and the Northeast Mississippi Daily Journal last year found, however, that many courts were unready at the time to implement the new representation rules.

During the campaign, Sullivan told The Marshall Project – Jackson and Mississippi Today that more work is needed to improve public defense.

Kitchens has also advocated for public defense reforms during his two terms on the court. He told a committee of legislators last year that the “playing field is far from level” between prosecutors and poor defendants.

On other criminal justice issues, he has sometimes dissented from opinions upholding death sentences. His decisions have scrutinized prosecutorial conduct and inadequate legal representation. 

Branning, the Republican senator, has a voting record on criminal justice issues that suggests a harsher approach toward criminal defendants. She has supported higher mandatory minimum sentences and reclassifying misdemeanors as felonies, has opposed expansion of parole and was among only a few lawmakers who voted against legalizing medical marijuana. 

She also supported increasing the jurisdiction of a controversial, state-run police force inside the majority-Black city of Jackson as well as increasing state control over many felony cases in Jackson. The Supreme Court unanimously curtailed much state power over these felony cases, but a majority left some control intact, with Kitchens and another judge dissenting.

Branning did not respond to questions from The Marshall Project – Jackson and Mississippi Today during the Nov. 5 campaign about her possible judicial outlook.

Kitchens was a prosecutor and then in private practice before joining the bench. Branning is a practicing attorney who typically handles civil cases. 

The winner of the Nov. 26 runoff will join Sullivan on a court that in recent years has been restricting the ability of people who say the legal system has wronged them to seek relief, legal experts told The Marshall Project – Jackson and Bolts this month. 

Krissy Nobile, director of the state’s Office of Capital Post-Conviction Counsel, said it’s become “increasingly more difficult to correct a wrongful conviction.” Her office provides legal counsel for indigent people on death row. 

She said a number of recent cases showed the barriers the high court has erected for criminal defendants appealing their convictions, and demonstrated indifference to civil rights violations. Kitchens disagreed with the majority, in full or in part, in all but one of the appeals, which the court unanimously denied.

In a case earlier this year, the Court ruled to monetarily fine an incarcerated person for filing any future post-conviction relief petitions that lacked merit. Kitchens joined a dissenting opinion condemning the fine. In another, the court denied a man who argued that his lawyers were ineffective and that they did not challenge prosecutorial misconduct or false forensic evidence presented by a medical examiner with a checkered past. The court’s majority denied the motion, and in the process, overturned a precedent that allowed ineffective counsel as an adequate reason to give a case another look in some types of appeals. Kitchens dissented, along with two other justices. 

“For decades in Mississippi, the Court held that it would correct errors if there was a violation (of) a person’s fundamental rights,” Nobile said. But she added this has changed considerably. Now, if you land a terrible lawyer who rushes your case, “You are out of luck,” she said, “even if your core constitutional rights have been clearly violated.” 

For the court’s majority, Nobile added, “The legal technicalities now trump a person’s constitutional rights.” 

Branning, left, and Kitchens at the Neshoba County Fair in August 2024. Credit: Eric Shelton, Mississippi Today

The runoff is the nation’s final supreme court race of the year. Thirty-two states held elections for their high courts earlier this year, resulting in a muddled picture, with liberals and conservatives each gaining ground in different places, Bolts reports

Mississippi’s runoff outcome will heavily depend on turnout and the composition of the electorate. In the Supreme Court’s central district, voters split narrowly between Democrat Kamala Harris and Republican Donald Trump in the presidential election on Nov. 5, but the runoff is just two days before Thanksgiving and will likely see a large dropoff in turnout. Branning received 42% of the vote in the first round, and Kitchens received 36%, with three other candidates making up the rest. 

There will also be a runoff the same day in the Gulf Coast area between Amy Lassiter St. Pé and Jennifer Schloegel for an open seat on the state Court of Appeals. The Court of Appeals hears both criminal and civil cases that have been appealed from lower courts. The Mississippi Supreme Court can hear cases directly on appeal or can assign cases to the Court of Appeals.

Observers agreed that against the national legal backdrop, neither a Kitchens victory nor a Branning victory would lead to a seismic change since neither outcome would flip the court’s conservative lean. Still, a modest shift could impact some of the most controversial cases, such as a rare 5-4 decision that upheld the death sentence in Willie Manning’s case

A Kitchens win, coupled with Sullivan’s upset earlier this month, would deal the Republican Party rare setbacks in a state where it has been dominant and could put moderate forces in a position to grow their numbers further in future elections. 

“You might end up with a normal conservative court,” law professor Yeargain said, “instead of one of the most conservative courts in the country.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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