INTEGRATING AMERICAN CONSERVATISM WITH AMERICAN PROGRESS--IVISM: "STATECRAFT AS SOULCRAFT"7/24/2019
THAT'S FALLEN VERY HEAVILY ON JAILS, HOSPITALS, NON-PROFITS, FAMILIES, COMMUNITIES & BUSINESSES
THE CURSE OF FLEXIBILITY IN THE LAW & |
So there are all kinds of BROAD concepts that are used in the law --- such as "EQUITABLE," "JUST," "DUE PROCESS," etc. The big, broad concept that runs through Disability Civil Rights Law is "Reasonable Accommodation." Well -- who is against that? On the other hand, who knows what it means? It may be relatively clear right now what reasonable accommodation means for a physical disability -- although there are still plenty of wrongs to be righted in that area. When we are talking about cognitive disability --- many of the most well meaning organizations don't have a clue. Further, that does include government -- it can also include disability rights organizations themselves. So this isn't a problem of -- not wanting to do the right thing. It is a problem of not knowing what to do. Even beyond that -- it is feeling unsure about what is "reasonable." So especially when we are talking about Cognitive Disability/Difference -- there may have already been an official determination or group assessment -- that the person is "unreasonable." So the group may very well be committed to complying with the LAW but:
The vast majority of people experiencing some type of serious emotional dysregulation are not dangerous and not a direct threat but even there the law requires the use of "reasonable accommodations" to address the concerns if possible. Why is that? Because these people will probably be even more dangerous and even more of a direct threat if they don't have access to services and housing. BUT again while people who are dangerous and a direct threat do exist and they should be addressed through voluntary inpatient or outpatient treatment, 72-hour holds or petitions for court-ordered evaluations -- they are NOT the VAST MAJORITY of people with serious emotional dysregulation. The vast majority of people with severe emotional dysregulation are not a direct threat but many them are "gravely disabled." Colorado as with many states has included "gravely disabled" in its civil commitment statutes for decades -- and the idea was to address the issues faced by many homeless people with mental illness. Unfortunately, Colorado inpatient facilities are horribly stressed themselves -- so even if one gets the person to the inpatient facility -- the facility is very unlikely to keep person or to pursue either an inpatient or outpatient certification. Further, that is not just my experience -- it is also the experience of a former psychiatrist with the Colorado Coalition for the Homeless. Okay, well -- now who is the service provider -- the Medicaid mental health case manager and "regional accountable entity" that works from 8 to 5 and doesn't do nights or weekends. You can always call 911. This is so ridiculously DANGEROUS for the COMMUNITY & THE PERSON -- mainly for the PERSON. Well, we're going to the top -- the State. Do they want to help -- yes. Do they know how to -- not really. So we know that:
So we're going to focus on an assisted living or nursing home placement until we can get housing within a reasonable time -- say 90 days. Well, we can't get a placement because neither the placements, case managers nor the State have heard of FAIR HOUSING. They are not against it-- they just don't know what it is. So 2 BIG components of Cognitive Disability can be:
Now almost all human beings are going to experience some disorganization or emotional dysregulation in their lifetimes and even on a regular basis. It is when the human beings are:
It is pretty likely the person is struggling with a cognitive disability or difference. BUT that still doesn't answer the question of what is a "reasonable accommodation." Further, when we need to answer this question is often in very stressful situations -- SO NOBODY IS REALLY @ THEIR BEST. So we need a non-exhaustive list of potential accommodations for people with Cognitive Disabilities. That work has been done by the federally-funded Job Accommodation Network and that can be modified for different settings. It is amazing how requested accommodations coming from an OFFICIAL SOURCE seem so much more reasonable than the very same requests coming from a person with a cognitive disability or difference. |
So if we really consider the ultimate barrier to effective Mental Health Treatment -- it has been incomplete knowledge. Because the stakes have seemed so high -- both for the individual and the society -- there has been a lot of FEAR in acknowledging that. Psychotherapy and psychiatric medication can be helpful -- they can also be harmful or largely irrelevant. In any case, they are ridiculously incomplete if one views mental health concerns as implicating not only the brain but most of the systems of the body, including:
So much is happening on the research front and Clinicians seem so far behind. The BOTTOM LINE: We can't afford this mental health crisis -- it is already outstripping the resources of families, states and the federal government. We have to have a MAJOR PUSH for Translational Integrated Medicine to bring the research to clinicians in ways they can use. That is probably going to involve much more sophisticated databases beyond pubmed. |
CASE IN POINT: COLORADO
(THERE ARE MANY OTHERS)
One of the Google employees in the video above makes the telling point that if we don't address "unconscious bias" --- our products won't be as good and we won't be as innovative as we could be or should be.
So first -- we don't expect 500-member Task Forces.
On the other hand, we do expect these Stakeholder Groups to include a significant percentage of "individuals" with mental health issues/not organizations that would actually be impacted. Further, these individuals should be able to access whatever advocacy and legal advisers that are willing and available. State officials and providers will be doing that -- individuals impacted should have that right as well. We don't think anyone who is currently on Gov. Polis' Behavioral Health Task Force should lose their spot -- we do think that 1/5 of the spots on each of the committees should include individuals actually impacted by the policies discussed. |
Corruption is NOT just a problem in "capitalism." It is a problem of human systems whatever they are.
One of the ways we guard against it is INCLUSION. That has been a big problem in Colorado. It is a big problem in Gov. Polis' Behavioral Health Task Force. |
Most problems have systemic components. Politicians sometimes perceive these "systemic components" as very threatening to their majorities, to their power and/or popularity. Most people know there is not going to be overnight change -- on the other hand no one wants the continued stagnation of the middle and lower economic classes that has gone on for decades. That is a pretty BIG "SOCIAL DETERMINANT of HEALTH." Additionally, getting caught up in debates on Capitalism vs. Socialism is about as productive as debating Free Will vs. Determinism --- it can waste a whole lot of time, and really miss the practical issues. DATA is something Colorado State Government has excelled at and it is unfortunate there has been fear to get the data on mental health and other cognitive disabilities in the Criminal Justice System. That DATA is critical if Colorado is going to have Medicaid Network Adequacy -- which it currently doesn't have with respect to Mental Health and Brain Injury, maybe other areas as well. If things are going well, generally people aren't that worried about "INCLUSION" -- it is when they have been "F---ed Up" for decades that people get concerned. Quite frankly, the only reason I and others are interested in these systems is because they are so messed up. The US Dept. of Justice (DOJ) had it right:
P.S. In a DOJ Settlement Agreement, the State was required to set aside 1/5 membership for peers in a government group impacting the lives of people with disabilities. Further, there is a broad range of concerns for people with mental illness, if the state is focused on the Criminal Justice System -- they need people with mental illness who have been incarcerated in the Criminal Justice | Another PS: Ignoring Federal Disability Civil Rights Laws is NOT a legal, ethical or moral "Aristotelian Mean." Below, Oregon's US Dept. Of Justice Stakeholder Advisory Team is required to have 20% individuals with lived experience. Further, the Oregon Plan does include criminal justice. 2. OHA will maintain a system for accountability for the performance outcomes specified in Section D of this Plan, by including the following elements of OHA's USDOJ Project governance structure: a, USDOJ Agreement Stakeholder Advisory Team: composed of a cross section of diverse stakeholders, including a minimum of 20% individuals with lived experience, to review and comment on the progress towards and performance of the outcomes specified in Section D and provide advice to OHA regarding the strategies being employed, b. Olmstead Plan Stakeholder Team: composed of membership from the Addictions and Mental Health Planning and Advisory Council's I-lousing and Olmstead Subcommittee, USDOJ Agreement Stakeholder Advisory Team, OSH Community Reintegration Committee and Oregon Consumer Advisory Council (OCAC) to review and comment on the progress towards and performance of the outcomes specified in Section D and provide advice to OHA regarding the strategies being employed. |
LAWMAKERS WONDER WHETHER THE STATE TASK FORCE THAT STUDIES THE ISSUE AND RECOMMENDS SOLUTIONS SHOULD BE RENEWED
Val's Take I think what happens when the community, state or nation is confronted with a difficult problem impacting a disenfranchised, often disfavored minority -- Laws are passed, re-stated in many various forms as it becomes obvious the intent of the original law is being ignored. This has happened in a big way for people with cognitive disabilities, certainly mental health. Right now, we have:
So when Moses Gur says we need "direction" from the Legislature -- it is not really legal direction -- its political direction. As for data, the reason lawmakers don't have it is because previous administrations have been POLITICALLY AFRAID of it. [As a matter of full disclosure: Adrienne Benevidez was a great boss @ Riggs Abney Law Firm where Val worked briefly about 20 years ago before Val joined The Legal Center for People with Disabilities & Older People, now Disability Law Colorado. Those opportunities ultimately led to Orchid. ] | Officials agree that growing numbers of people with mental health disorders in Colorado’s criminal justice system is a crisis. But, in a hearing this week at the Capitol, several lawmakers said that the 20-year-old task force set up to help address that challenge has been hamstrung by a lack of staff, a lack of authority and a lack of data and resources to answer some basic questions about the effectiveness of the state’s approach. Some of those lawmakers said they’re leaning toward voting against reauthorizing the committee when its charge expires in a year. Task force members presented Tuesday to lawmakers at the Capitol, highlighting the group’s achievements but also confessing at multiple turns that the 32 people who comprise the group — including mental health professionals, law enforcement officials and judges — sometimes aren’t sure what their collective purpose is. The task force’s chairs said they lacked data to respond to a number of questions from lawmakers. They also said the group is limited in how blunt it can be in its guidance to the legislature, because some members represent state agencies and are afraid to support certain recommendations that might contradict their bosses’ goals. “It just seems like the task force is somewhat in this paralyzed, stagnated situation,” said state Sen. Rhonda Fields, an Aurora Democrat who serves on the bipartisan oversight group. “It sounds like the task force is floundering based on political stuff. And we just don’t have time for that.” Fields said she’s inclined to vote to end the task force. But she and the rest of the oversight committee have time to think that through. The task force was formed in 1999 as an attempt by lawmakers to better understand and respond to the increasing presence of people with behavioral and mental health disorders in jails and prisons, or otherwise interacting with the criminal justice system. In the late ‘90s, state officials estimated that about one in 10 people held in state Department of Corrections facilities suffered from such disorders. Today they estimate it’s closer to half. “If the intent (of the task force) was to reduce these numbers,” said Rep. Adrienne Benavidez, an Adams County Democrat and oversight committee member, “we’ve failed miserably.” Benavidez, who said she’s also torn about whether to reauthorize, didn’t blame the task force. She partially attributed the increased presence of people with mental health issues in the criminal justice system on the societal shift to more aggressively and specifically diagnose mental illness. But she also blamed the increase on systemic neglect of the individuals the task force is meant to serve. The task force has worked on many successful bills over the years, including recent measures to provide housing vouchers to people suffering from mental illness upon release from incarceration; to clarify what exactly it means to be mentally unfit to stand trial; and to ensure that various state agencies and officials better coordinate delivery of medication to people in custody. “If the intent (of the task force) was to reduce these numbers, we’ve failed miserably.” — Rep. Adrienne Benavidez But, in light of the general increase in the affected population’s presence in jails and prisons, Fields wondered whether more could be done to divert vulnerable people away from the system to begin with. “I’d like to see us work somewhat upstream, so that first of all we’re not incarcerating young people because they have a mental behavioral disorder,” she said, before asking the task force chair to share data that shows whether the state is making any progress in this area as compared to 20 years ago. “We would like that information as well,” said the chair, Moses Gur of the Colorado Behavioral Healthcare Council. “We don’t have any mechanism to collect our own data. … We’ve been asking ourselves the very same questions.” That’s a big part of the problem with this group, several lawmakers agreed. Rep. Jonathan Singer, a Longmont Democrat, said the lack of relevant data to inform decision-making on this front is unsurprising, given that the task force has no dedicated employees. “This is all unpaid time, or state departments allocating their members to be a part of this,” he said. Singer asked the task force’s leaders to describe their “a-ha moments” since joining the group. One of them said her biggest “a-ha” takeaway is that, in general, there’s now strong consensus that there is a mental health crisis within the criminal justice system. Moses Gur said the question now is how the task force, if and when it is reauthorized, can be empowered to more effectively address the crisis. “It’s becoming increasingly clear to us,” he said, “that we need some direction from (lawmakers).” Said a skeptical Fields, “The way you guys have described the reauthorization, I’d think that I’d be reauthorizing the same old thing. … It feels like a wheel that’s spinning in mud, where there’s no much traction going on.” |
Author
Val Corzine
Executive Director
Orchid Mental Health Legal Advocacy of Colorado
Out there on that neuro-diversity spectrum
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Putting The Welfare Of Patients First
Racial Discrimination
Racism
Racism & Mental Health
Randy Chapman
Raw Courage
Realism
Reality Check
Real Knowledge
Reason
Reasonable Accommodations
Reasonable Compliance Plans
Reasonable Medical Necessity
Reasonable Time Frames
Reform
Refugees
Regimented Inmate Discipline
Religion
Religion & Spirituality
REO Speedwagon
Research
Residential Services
Respite
Response To D.J. Jaffes 8 Mths Of Serious Mental Illness
Richard Dawkins
Rick Nelson
Rights-violations
Roadblocks
Road Less Travelled
Robin-williams
Roddy Ricch's "The Box"
Roger Hodgson
Root Cause Analysis
Root Causes
Rosemary Clooney
Rublicans
Rule By Fiat
Rule Of Law
Rumi
Russell Copelan
Ryan Partridge
Safety
Saint Augustine
SAMHSA
Samuel Beckett
Sandra Day O'Connor
Satire
SB19-222
Scale
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Schizophrenia
Science
Science Alert
Science Of Inclusion
Scientific Reality
Scientific Revolution
Secrecy
Section 504 Of The Rehabilitation Act Of 1973
Segregated
Segregation
Self Care
Senior Resource Center's Mark Koebrick On Channel 9
Sense Of Urgency
Services
Sex
Sexual Orientation
Shared Decision-Making
Sheriffs
Skin In The Game
Sleep Apnea
"Slow Processor"
Smoking
Social Behavior & The Immune System
Social Darwinism
Social Determinants Of Health
Social Inclusion
Social Reform
Social Stress
Solitary Confinement
Soteria
Soteria Vermont Project Manager
South Park
Spillin' The T
Spirituality
Squirreley
Stakeholders
Stanford Psychiatry Professor
Stardardized Risk Assessments
Stat
"Statecraft As Soulcraft"
State Failure To Comply W/ The Law
State Of Nature
State Responsibility
State's Bad Faith
State's Legal Responsibility For Housing Under Olmstead
Statewide Olmstead Housing Plan
STEAM
Stephen Colbert
Stephen Covey
Stephen Hawking
Steven Morgan
Stigma
Strength Based Approach
Strength-Based Approach
Strength Based Recovery System
Strength-Based Recovery System
Structural Racism
Structure Of Scientific Revolutions
Substance-Induced Sleep Apnea
Substance Use Issues
Suck Up . . . And Come Back When You Foul Up
Suffering
Suicide
Supertramp
Supply & Demand
Support
Supported Employment
Supportive Housing
Supremacy Clause
Systemic Focus
System Integration
Systems Failures
TABOR
Taxes
Team Players
Technical Assistance Centers
TedMed Talk
Terrifying
The Anti-Socials
& The Criminal Law
The Great White Defendant
The Hill
Theory & Practice
The Structure Of Legal Revolutions
Thomas Jefferson
Thomas Kuhn
Thomas Sowell
Thucydides
Tiered System
Tina Seelig W/ Stanford
Tipping Point
Tom Wolfe
Too Dangerous To Treat
Touro University
Tower Of Babel
Traditional Employment
Transcranial Magnetic Stimulation (TMS)
Transition From Incarceration To Healthcare
Translational Psychoneuroimmunology
Trauma
Trauma & African Americans
Trauma & Asylum Seekers
Trauma & Incarceration
Trauma Informed Care
Trauma & Native Americans
Trauma & Refugess
Trauma & The Holocaust
Trauma & The War In Kosovo
Treatment Efficacy
Treatment Options
Tribes
Trump
Trump TABOR
Trust
Truth
Twice Exceptionality
Twilight Zone
Two America Olmstead Policy
Ubuntu
UK
Uncertified "gravely Disabled"
Uncle Billy
Unconcious Bias
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Under-Staffed State Government
Unfitness For Office
University College @ Cork
University Of Adelaide
University Of California @ San Francisco
University Of Cambridge
University Of Colorado
University Of Colorado @ Denver
University Of Debrecen
University Of Liverpool
University Of Manchester
University Of New South Wales
University Of Sydney
Unscientific
US Department Of Human Services
US Department Of Justice Olmstead Guidance
US General Services Administration (GSA)
Utilitarianism
Vagueness
Valentine
Val's Waking Nightmare
Vera Justice
Veterans
Veterans Administration (VA)
Victims & Families Of Mother Emanuel Church Shooting
Victor Hugo
Vietnam War
Vincent Van Gogh
Vulerable Polpulations
Waiting For Godot
Waitlists Moving At A Reasonable Pace
War And Peace
Washington State Study: Medicaid Managed Care Leading To Incarceration Of People With Mental Illness
Water
We're All In This Together
Wergelds
What In The Hell Is Wrong With You People
What Medical Model?
"Why Is Michael Marshall Dead?"
Widespread Compliance Problems With The Law
William Jennings Bryan
Women
Wont-admit
Workplace
World Health Organization
Yale University
"You Take What You Get & You Turn It Into Honesty"
Youth