 It is an unfortunate reality that dementia can happen to anyone later in life. Conditions such as Alzheimer’s and other forms of dementia are common. It is estimated that 5.8 millionAmericans suffer from Alzheimer’s disease. It’s a devastating disease that wreaks havoc on families and communities.
What is Dementia? Dementia is a loss of cognitive functioning that affects a person’s daily life. Dementia affects a person’s ability to think, remember, and reason. Skills such as language, reasoning, self-control, and memory can all become seriously impaired. Dementia is not a normal part of aging. It happens when neurons in the brain stop working, lose the connections with other brain cells, and die. Dementia and Crime Dementia can have a profound effect on an individual’s personality and ability to function in society. People who would never commit a crime may find themselves on the wrong side of the criminal justice system. Criminal behavior that starts in mid to late life may be a sign of dementia. People with dementia are often confused and may lash out when they don’t understand what is happening to them. When your 70-year-old aunt, who would never hurt a fly, hits someone at the grocery store, chances are some form of dementia is involved. A 2015 studypublished in the Journal Neurology, found that new, late-onset criminal activity could be a sign of dementia. The study also found that the types of crimes committed varied among dementia patients. The study found that 8% of the Alzheimer's patients studied had been involved in the legal system. Often their crimes involved things like trespassing on private property, traffic violations, or shoplifting. Anti-social behaviors such as public urination and fighting occurred with other forms of dementia such as frontotemporal dementia. Criminal Responsibility The question for our criminal justice system becomes whether those with dementia who commit crimes should be held criminally responsible for their actions. Confusion, lack of impulse control, and lack of memory may indicate that people with dementia who commit crimes are not aware that their actions are criminal. Individuals who have dementia lack the state of mind to be held responsible for their crimes and should be treated and cared for, not placed in the criminal justice system. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.  Virginia state officials introduced legislation that will write new standards for mental health care in county jails. There has been an increased focus on jails in Virginia after the 2015 death of Jamychael Mitchell in the Hampton Roads Regional Jail. Mitchell suffered from severe mental illness and was not transferred to a state hospital as ordered by a judge. The paperwork ordering the transfer had been lost and Mitchell had been held for four months for stealing snacks from a convenience store. Earlier this year a judge signed off on a $3 million settlement between the jail and Mitchell’s family.
Justice Department Report A 2018 report from the U.S. Justice Department found that medical and mental health care in Virginia jails probably violated the Constitution. The Hampton Roads Regional Jail has been the focus of much of the criticism. The jail has become the dumping ground for most of the sickest inmates in Virginia’s coastal region. The Justice Department report notes that the jail failed to provide adequate medical and mental health care and did not have enough medical staff. The report also took issue with the jail’s use of isolation. The report proposed legislative reforms to develop better standards in jails. One reform would be to develop a statutory definition of “mental illness.” Another proposed reform would make it easier to prosecute medical providers who abuse or neglect an incapacitated adult. Prosecutors also recommended annual unannounced inspections of local jails. New Standards The new standards developed in response to the report include the unannounced annual inspections. Jails would also be required to submit quarterly reports which would be published on the Board of Corrections website. The Board of Corrections is required to work with Department of Behavioral Health and Developmental Standards and the Office of the Inspector General to put together comprehensive new standards in writing by November. A work group had already been formed to put together a starting point for standards that would be consistent across the state’s county jails. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.  A new smartphone application that works with Google Glass may help boost the social skills of children with autism spectrum disorder (ASD). A small studypublished in the Journal Pediatrics found that over the course of six weeks, children who used the app at home made greater gains in their social abilities than those children who attended therapy alone. While the study is preliminary and the app is not currently commercially available, the results look promising.
Help With Social Skills Many children with autism suffer socially because they are unable to properly recognize and respond to feelings and emotions in others. They typically have particular difficulty recognizing facial expressions. A group of scientists built facial recognition software for Google Glass to help children with autism distinguish between different facial expressions and learn how to interact socially. Google Glass is a brand of smart glasses with an optical head-mounted display that is designed in the shape of glasses. Google Glass displays information like a smartphone in a hands-free way. Wearers of the device can communicate with the internet using voice commands. The new app called “Superpower Glass” helps children decipher what is happening with the people around them. The camera and speaker report information to a smartphone app which is designed to help the children decode what is happening and how to respond. After using Superpower Glass for four 20-minute sessions for six weeks, children scored better on tests of socialization, communication, and behavior. The app relies on artificial intelligence to offer children feedback on social interactions. This helps them learn from experience the appropriate ways to respond in social situations. The app gives the children feedback in real time. When the children look at a face, a green light flashes and an emoji tells the kids what emotion the face is displaying. The study shows promising results but it still remains to be seen whether Superpower Glass is feasible in real-world settings and whether families will actually choose to use the app. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.  According to a recent studypublished in the Journal Pediatrics, nearly 1 in 7 children between the ages of 6 and 18 suffers from a mental health condition. The study was based on data from the 2016 National Survey of Children’s Health which is a nationwide survey administered to parents. In the survey of the parents of 46.6 million children, 7.7 million had at least one mental health condition. These conditions including things such as depression, anxiety, or attention-deficit/hyperactivity disorder.
Are They Being Treated? Data from the study also showed that about half of the children with mental health conditions go untreated. This is a shockingly high number. Although the percentage of untreated children varied by state, there were several factors that contributed to this number. Some parents and communities attach a stigma to mental health conditions. As a result, families may not feel comfortable accessing mental health resources. In addition, some families do not have insurance or financial resources to seek treatment. Treatment for mental health conditions usually require regular therapy or doctor visits and the costs can add up. In addition, according to datafrom the American Academy of Child and Adolescent Psychiatry, a majority of the country is facing a severe shortage of mental health providers for children and adolescents. This can lead to families waiting on long lists to receive treatment. Symptoms can worsen while children await care. More Access to Treatment In order to get children the treatment they need, many pediatrician’s offices have added a mental health component to their practice. Pediatricians are often the first healthcare providers to recognize the symptoms of a mental health condition in children. If they are able to work closely with mental health providers, this can lead to faster and more effective, integrated treatment for children with mental health conditions. Untreated mental health conditions in children and adolescents can have serious consequences. It can disrupt their ability to function at home, school, and in the community. This puts them at an increased risk of failing in school, having contact with the criminal justice system and even suicide. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disability. To schedule a consultation call (509) 991-7058.  In February of 2019, New York passed a law making special identification cards available to individuals with a diagnosed developmental disability. Known as I/DD IDs, these cards can be requested through the state’s Office for People With Developmental Disabilities (OPWDD). The ID card is completely voluntary and is available to individuals with intellectual and developmental disabilities, including autism. Demand for the ID cards has been high with more than 2,000 people requesting the cards in the first three days of the program.
I/DD IDs The ID cards contain important information on both sides. The front of the card includes a general explanation of the types of behaviors that can be anticipated from someone with a developmental disability when they are approached unexpectedly. The card states “I may have difficulty understanding and following your directions or may be unable to respond.” The card further states “I may become physically agitated if you prompt me verbally or touch me or move too close to me. I am not intentionally refusing to cooperate. I may need your assistance.” The back of the card contains a person's name, address, and date of birth. There is also room for emergency contact information. There is also space where additional information about an individual can be added. This additional information can include tips on how to respond to a particular person. Why ID Cards? The ID cards are designed to make first responders, such as police officers, aware of a person’s communication and behavioral challenges. This information can be important in situations involving public safety. People with developmental disabilities have different ways of communicating and may not always be able to explain this fact to a first responder. Making law enforcement and other first responders aware of someone’s disability can protect the person from ending up in a precarious situation. Too often the behavior of those with developmental disabilities can be misinterpreted and can result in unnecessary arrests, or even shootings based on a misunderstanding. Allowing law enforcement to know up front the situation they are dealing with can help protect everyone involved. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disability. To schedule a consultation call (509) 991-7058.  In 2018, Oregon set a record for the most criminal defendants that are too mentally ill to stand trial. According to Oregon State Hospital admission records, 718 defendants were court ordered to be patients at the facility and treated for their mental illness until they gained the capacity to stand trial. Of these individuals, 286 were only charged with misdemeanors.
A federal court order requires Oregon to admit these mentally ill defendants to the Oregon State Hospital within seven days. But Oregon continues to violate this court order which results in frequent delays in hospital admission. Some of these delays are up to a month in length. According to an investigationby the Oregonian, from January 2018 to February 2019, jail and hospital officials failed to get people out of jail and into treatment within seven days in more than 200 cases. This accounted for 29% of all admissions for mentally ill defendants. Of these defendants, 63 had only been charged with a misdemeanor. Slow Admissions Oregon officials blamed a number of different factors for the slow hospital admissions. Officials state there is a lack of beds available at the facility. They also cite late paperwork filing and delays in transportation arrangements. In two cases they blamed the delay on bad weather. Whatever the reason for the delay, the result is that people are languishing in jail and not receiving the resources they need. Negative Effects When individuals with mental illness are kept in county jails instead of in mental health facilities, they are not receiving the treatment they need. It's an unfortunate reality that county jails in many states end up serving as inadequate mental health care facilities. However, the individuals in Oregon who are not receiving timely treatment are often severely mentally ill and should not be forced to spend extended time in jail. They deserve treatment and not punishment. They face further harm to their mental health by being forced to remain in the county jail for weeks or even months without proper treatment. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disability. To schedule a consultation call (509) 991-7058.  According to a recent study, more than one in fouryouth with autism admitted to a hospital for psychiatric care had a history of abuse. The children in the study ranged in age from 4 to 20. Half of the children spoke few or no words, and 40% had an intellectual disability. Most of the children had challenging behaviors such as aggression and self-injury.
The high rate of abuse among autistic children was not surprising to researchers given earlier studies that found that autistic children had a higher rate of being abused or neglected than typical children. A study from 2000 found that 9% of neurotypical children were the victims of abuse, while 31% of children with disabilities had been abused and neglected. It is believed that the rate of abuse could be even higher given the communication issues many youths with autism experience. Psychological Trauma This rate of abuse can lead to psychological trauma such as post-traumatic stress disorder (PTSD) in children with autism. PTSD in children with autism can be particularly difficult to detect because the symptoms tend to be masked by the symptoms of autism. The study found that those children who had been abused were more likely to experience intrusive thoughts, loss of interest in activities, bad memories, and irritability. Only 7% of the abused children in the study received an official PTSD diagnosis. This low rate may be the result of mental health professionals being unable to distinguish the symptoms of PTSD from the autism symptoms. Prevention and Identification Children with autism can sometimes have challenging behaviors, such as physical aggression, that may be difficult for caregivers to deal with. This can lead to abusive behaviors on the part of caregivers. Better education and support for the parents and caregivers of children with autism may be helpful in preventing some of the abuse. In addition, it’s important for doctors and other professionals to recognize when a child with autism has been the victim of abuse. The signs may not be the same as they are with neurotypical children. Professionals should familiarize themselves with the behavioral manifestations of abuse experienced by children with autism. This can lead to the removal of children from abusive situations and caregivers. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.  On February 14, 2019, Matthew Blake Holmes, a 28-year old prisoner in Alabama’s Limestone Correctional Facility was found dead. His death was ruled a suicide. Mr. Holmes’s death marks the fourteenth suicide in Alabama prisons in fourteen months. According to the Southern Poverty Law Center, the rate of prison suicides in Alabama has become an emergency situation.
“Horrendously Inadequate” In a 2017 ruling, a federal judge called the Alabama Department of Corrections’ (ADOC) mental healthcare “horrendously inadequate.” The judge called the failures an example of cruel and unusual punishment. The Southern Poverty Law Center (SPLC) represents prisoners with mental illness in a class action lawsuit against the ADOC. Suicides, especially in segregation cells, has been a central issue in the lawsuit. At least four of the last seven suicides in ADOC facilities have taken place in segregation units. Matthew Holmes’s family believes he may have been the fifth. Federal judge Myron Thompson issued an order in June of 2017, requiring ADOC to work with SPLC to correct major issues. The ADOC has moved awayfrom working with the SPLC and pushed aside a number of SPLC suggestions. This means there will likely be a trial where a court will be forced to order ADOC to implement changes. High Suicide Rate According to the SPLC, the suicide rate in Alabama prisons is four times the national average. The number of suicides has risen as the number of prison guards in ADOC facilities has fallen. The ADOC claims it is working with finite resources and doesn't have the ability to implement better systems. The SPLC has suggested an increased frequency of guards checking on inmates in segregation units, closer supervision of inmates on suicide watch, and a discontinuation of the placement of mentally ill prisoners in segregation units. Prisoners placed in segregation units, or solitary confinement, often develop mental health issues. Those who already have mental health issues and are placed in segregation are especially at risk. They are particularly susceptible to deterioration that can lead to suicide. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.  According to a recent study, half of parents are unaware that their children are having suicidal thoughts. The study surveyed 5,000 adolescents aged 11-17 and asked them questions including whether they had ever thought about killing themselves and whether they ever thought a lot about death or dying. The parents of these same children were asked questions about their child's thoughts on suicide and death/dying. According to the study, 50% of the parents surveyed had no idea that their children had considered suicide and 76% of parents did not know that their children frequently thought about death or dying.
The study also showed that, as children got older, parents were less likely to be in denial about their children's suicidal thoughts. This may mean that younger adolescents are not getting the help they need. There were differences among the genders as well. Parents were more likely to be aware of their daughter's suicidal thoughts and less aware of their son's. In addition, fathers were less likely to be aware of suicidal thoughts when compared to mothers. Need for Help The study highlights the urgent need for children to get help with mental health issues from an early age. Primary care physicians and pediatricians should receive training on risk factors for suicide and how to identify mental illness in children. Doctors should routinely screen all children for depression and suicide risk. There should also be resources available in schools to connect children with mental health treatment. In addition, parents need to pay attention to the signs that even their young children may be showing. According to the American Foundation for Suicide Prevention, warning signs of suicidal thoughts include withdrawal from friends and family, sleeping too much or too little, irritable or aggressive behavior, and use of alcohol and drugs. It can be tough for parents to discern whether their children are having suicidal thoughts and, in some cases, parents may be in denial. Suicidal thoughts are scary, and parents may not want to acknowledge the problem. It’s important for parents to overcome this denial and get their children the help they need. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.  As Texas Governor Greg Abbott has made mental health one of his top priorities for the 2019 Texas legislative session, multiple bills have been filed that focus on improving mental health care in the state.
Senate Bill 10 On March 5, 2019, the Texas Senate gave unanimous approval to a bill that was designed to identify children with mental health needs and direct them to treatment. The bill would create regional mental health hubs and focuses on the safety of children. The bill creates the Texas Mental Health Care Consortium which provides access to psychiatric professionals associated with the state's medical schools that can better address a child's needs. In addition, the bill would create the Child Psychiatry Access Network which would connect pediatricians with mental health experts who could consult on treatment options. This would be an important step because pediatricians and other physicians are usually the first medical professionals to recognize a mental health issue in a child but may not always be equipped to treat the issue. Senate Bill 10 will now go before the Texas House. House Bill 10 House Bill 10, filed by State Representative Senfronia Thompson, seeks to increase and improve mental health services to children. The bill calls for an increase in the number of child and teen psychiatrists and nurses in the state. It also establishes a telemedicine program that would connect doctors and school nurses to mental health professionals. In addition, the bill would create the Texas Mental and Behavioral Health Research Institute which would conduct research into mental health treatment options. House Bills 198 and 204 State Representative Shawn Thierry filed two bills in the House that seek to provide more mental health education to children in public schools. The proposed curriculum would recognize the correlation between mental and physical health. The aim of the curriculum would be to provide children with coping skills and to recognize the signs of when they, or a classmate, might be in crisis. If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058. |
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