Court orders release of records on Pine Ridge IHS child sex offender

NEW YORK — On Jan. 13, a federal court here ordered the Indian Health Service to reveal zealously guarded records on child sex offender Stanley Patrick Weber, a former Pine Ridge IHS pediatrician serving five life sentences for multiple acts of abuse.

The order responds to a Freedom of Information Act lawsuit brought by The New York Times, The Wall Street Journal, and a reporter to obtain a report that IHS commissioned from a private consultant hired to investigate numerous acts of rape and sexual abuse Weber committed against Native American children.

IHS had taken the position that the records are protected from disclosure by a statute that affords confidentiality to reports on the “quality of medical care.”

In May 2019, IHS awarded a contract to Integritas Creative Solutions LLC. Eight months later, in January 2020, Integritas provided IHS with its final product – a document “about sexual abuse of children by an IHS doctor — what happened to them, how employees of the IHS and others allowed it to happen, and actions that might be taken to prevent it in the future,” New York Magistrate Gabriel W. Gorenstein wrote in the opinion accompanying the order.

IHS told the media requesting access that the report was “a privileged and confidential medical quality assurance record,” according to court filings.

Gorenstein called that “a position we reject. We also find that the report is not protected under the litigation privilege exemption of the Freedom of Information Act and thus order that it be produced,” he concluded.

“Our examination shows that … the report itself does not reflect an analysis of the “quality of medical care. Rather, it consists of

“(1) a recounting of the factual circumstances of Weber’s predation on children (most of which occurred in his home or at his office outside of normal clinic hours), along with a recounting of some scattered instances of other employees, including some non-medical practitioners, engaging in sexual misconduct involving children;

“(2) An analysis of the systemic bureaucratic failures demonstrated by the actions of administrators within the IHS; and (3) recommendations to improve the reporting of sexual abuse,” the opinion states.

It also dismisses defendant Health and Human Services’ argument for confidentiality, stating the court found no evidence that the work of HHS policy makers would be chilled by report disclosure.

The judge ordered IHS to turn over the documents in 14 days.

Weber was 71, when on Feb. 10, 2020 South Dakota U.S. District Judge Jeffrey L. Viken sentenced him to five life sentences, to be served one after another (consecutively) once he finishes serving an 18-year sentence meted out earlier in Montana federal court.

In a separate trial there in 2018, a jury convicted Weber of crimes stemming from his engagement in sexual acts with two boys, beginning in 1992 when he was working for Indian Health Service in Browning.

In September 2019, a jury in Rapid City unanimously convicted the defendant on five counts of aggravated sexual abuse and three counts of sexual abuse of a minor.

Evidence at trial established that Weber, while employed as a pediatrician with the Indian Health Service at Pine Ridge, sexually abused multiple Native American children between 1999 and 2011.

In the aftermath of Weber’s first conviction, IHS responded to the controversy in a number of ways, according to court filings.

First, on Oct. 16, 2018, IHS issued a “Sources Sought Notice” announcing its intention “to perform an internal patient safety medical quality assurance review of the policies and procedures regarding the reporting of allegations of sexual abuse of IHS patients by IHS clinical staff,” noting that this would involve “a review of whether policies and procedures have been and are being followed with regard to protecting patients from sexual abuse by providers in the health care delivery environment, and to identify any improvements IHS could implement to better protect both patients and staff.”

Second, IHS’s then-acting head, Rear Admiral Michael Weahkee, issued a “Dear Tribal Leader” letter on Oct. 26, 2018, stating that IHS had “taken immediate steps to affirm and enhance safeguards to protect our patients,” including “drafting a new policy to further stress zero tolerance for abuse of children,” and “initiating an internal patient safety medical quality assurance review.”

On Feb. 6, 2019, IHS updated the Indian Health Manual with a new chapter, entitled “Protecting Children from Sexual Abuse by Health Care Providers. The new chapter was meant “to provide professional standards and guidance to protect against sexual abuse or exploitation of children by health care providers.”

The new policies included requirements that chaperones be allowed during examinations of children and requirements regarding reporting suspected child abuse.

On Dec.17, 2020, the Office of the Inspector General at HHS released a follow-up study entitled “Indian Health Service Facilities Made Progress Incorporating Patient Protection Policies, but Challenges Remain.” It found:

“Most IHS facilities (81 of 97) reported that they fully incorporated the agencywide patient protection policies, aimed at preventing and addressing child sexual abuse by health care providers, into their local policies and procedures, but some facilities are still early in implementation.

“All facilities reported that staff completed mandatory training on the new policies. Many facilities supplemented the training and expressed need for further training to support staff understanding of reporting requirements.

“We found that nearly two-thirds of facilities (62 of 97) reported encountering challenges in carrying out the policies. The most common challenges were providing chaperones during medical exams, due to staffing shortages and delays in background investigations; ensuring anonymity of victims and reporters; coordinating with law enforcement; and understanding the policies.

“All facilities said that they were generally confident that staff would report suspected patient abuse, but most (88 of 97) noted existing barriers that may deter staff and patients from reporting.

“We found that IHS has established avenues for reporting patient abuse and taken steps to promote an organizational culture of transparency, but the facilities reported remaining barriers, including fear of retaliation, stigma related to sexual abuse, and lack of awareness on what and how to report, among others.”

Some treaties assure compensation to Native survivors of abuse.  An abused party or a guardian can discuss a potential case with a lawyer in confidentiality before deciding whether to proceed with a claim.

 

(Contact Talli Nauman at talli.nauman@gmail.net)

 

 

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