 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.  In February, Arizona Governor Doug Ducey issued an executive order aimed at protecting people with disabilities. The Governor is ordering three state agencies, the Arizona Health Care Cost Containment System, the Arizona Department of Health Services, and the Arizona Department of Economic Security to strengthen protection for some of the state’s most vulnerable residents. The aim is to protect people with disabilities from abuse and neglect by caregivers and other individuals.
Great First Step The executive order came one week after the Arizona Developmental Disabilities Planning Council(ADDPC) issued a report calling for greater protection for those individuals with disabilities. These improvements include better training for staff, parents, and guardians. When he issued the executive order, the Governor indicated that he wanted stricter oversight, increased accountability, and to hold bad actors accountable for abuse and neglect. Many feel that the executive order was issued in response to the sexual assault of a 29-year old resident of an Intermediate Care Facility for the Intellectually Disabled (ICF-ID). The victim gave birth in December. A nurse at the facility has been charged with rape. More Likely to be Victims In the executive order, the governor notes that individuals with intellectual disabilities are seven times more likely to be sexually assaulted. This is also true for those with intellectual and developmental disabilities that live in group homes and other facilities. Two mentally disabled clients at a community center in Virginia were discovered to be pregnant. In February, Bernard Betts-King, a behavioral specialist at the center, was charged with sexually assaulting both women. DNA tests showed that he was the father to at least one of the women’s children. Individuals with intellectual and other disabilities are also vulnerable to other forms of abuse and neglect by caretakers in facilities. Many people with intellectual and developmental disabilities (IDD) require assistance with their daily tasks. This leads to close and frequent contact with caretakers. It can be difficult for individuals with IDD to recognize when they aren’t being treated properly and to report the situation. With an increase in oversight and protections for individuals with disabilities, the Governor hopes to make Arizona a safer place for the vulnerable. Requiring increased training for caregivers on how to recognize abuse and neglect and posting instructions on how to report abuse and neglect can make it so that other employees can hold their co-workers responsible. 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. 
After noticing a growing number of young people with symptoms of autism in the criminal justice system, Clark County Juvenile Court Hearing Master Soonhee “Sunny” Bailey and Family Court Judge William Voy launched a new court. The Detention Alternatives for Autistic Youth Court, or DAAY Court, was launched in 2018. DAAY Court is a specialized court geared toward helping troubled young people on the autism spectrum. Bailey recognized the symptoms of autism in some of the youth she encountered and knew that many of them were not receiving the treatment they required.
Most of the kids who come before the DAAY Court have had no therapy at all for their condition. The arrests that bring them to court are frequently a side effect of being on the autism spectrum. The goal of the DAAY Court is to get these kids and teenagers the help they need now before they become adults. When a juvenile defendant is identified as possibly autistic, the family is connected with community service workers in court. Defendants check in with the court on a regular basis. Autism and the Criminal Justice System Courts like the DAAY Court are important because too often young people with autism spectrum disorder (ASD) become involved with the criminal justice system. Much of this involvement stems from a lack of treatment for ASD and a misunderstanding by law enforcement and the court system about the symptoms of ASD and what it means for an individual’s behavior. Perceived antisocial behavior, an inability to pick up on social cues and issues with verbal and nonverbal communication can all lead someone with ASD into the criminal justice system. A court with a judge that understands the unique challenges faced by someone with ASD is important to ensure that justice is truly achieved. Punishing someone for demonstrating the symptoms of ASD will not help the matter. Assisting someone with ASD in getting treatment can go a long way toward preventing this person from appearing in court again. 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 illnesses. To schedule a consultation call (509) 991-7058.  This past December, Congress passed the First Step Act, a law that takes modest steps to reform the criminal justice system. The law was supported by groups on both sides of the aisle including the American Civil Liberties Union and the Republican-backed Right on Crime.
What Does the Law Do? Overall the law makes federal sentencing less punitive. This could benefit individuals with mental illness and addiction issues. Important provisions of the First Step Act would:
The Second Chance Act is a law that supports state and local reentry programs aimed at reducing recidivism. It also helps provide people leaving prison with support services such as mental health care and substance abuse assistance. The Second Chance Act provides grants to state and local governments and nonprofit organizations to develop and implement programs to help incarcerated individuals successfully reintegrate into the community. 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 illnesses. To schedule a consultation call (509) 991-7058.  For over 5,000 years, practitioners have known the secret that yoga makes you feel better. It has become a popular way to increase strength, improve balance, and enhance flexibility. We know that yoga is good for your body, but it is also very good for your mental health. Yoga practices can reduce the impactof exaggerated stress responses and may be helpful for those with depression and anxiety.
Natural Anxiety Relief It is no surprise that yoga can reduce anxiety. Studiesshowthat yoga can be a powerful tool for calming your nervous system. Yoga lowers tension and promotes relaxation. It also helps regulate the breath and increase body awareness. In addition, yoga encourages mindfulness which in itself is effective in reducing anxiety. The breathing and meditation associated with yoga can take you out of the “fight or flight” mode that anxiety and panic bring about and help focus you in a more relaxed state. Yoga postures, known as asanas, can also help ease the physical discomfort associated with anxiety. Strengthening, lengthening, and balancing the muscles can help relieve the tension in the body that builds up as a result of anxiety. Help with Depression A recentstudyshowed that taking yoga classes twice a week could help relieve the symptoms of depression. Yoga postures coupled with controlled breathing had a mood-altering effect. Yoga can also help with depression because it can help you cultivate a more non-judgmental relationship with yourself. When you're depressed, it's easy to stop doing things for yourself, like eating healthy and exercising. Devoting even a small amount of time to yoga on a regular basis is an act of kindness towards yourself and treating yourself as someone worthy of being taken care of. You also learn to accept your body and its abilities. In addition, practicing yoga can help establish a sense of community and increase social attachments. This can lead to a better support system and help with feelings of loneliness associated with the symptoms of depression. 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 illnesses. To schedule a consultation call (509) 991-7058.  Police, EMS, firefighters and other first responders have rewarding and important jobs. However, first responders are often exposed to traumatic scenes that can affect their ability to cope. In the first responder community, there have been countless lives lost to suicide. In 2017, more firefighters lost their lives to suicide than in the line of duty. These suicides are often caused by an underlying mental health issue resulting from traumatic stress.
There is evidence that first responders resist seeking mental health care because of the stigmatization and the fear of looking weak in their community. There is a fear of being the subject of ridicule and putting your job at risk by admitting that you need help. These issues are often perpetuated by those who lack a clear understanding of mental illness. It is important for the agencies where these officers work to support their employees and help them access the care they need. SAMHSA Resources The Substance Abuse and Mental Health Services Administration (SAMHSA) has put together an online training coursethat addresses the occupational stressors faced by first responders. The course also addresses mental health and substance abuse issues including depression and post-traumatic stress disorder. In addition, it teaches healthy coping mechanisms. This online course should be utilized by police and fire departments in assisting their employees in recognizing mental health issues and encouraging them to find help. SAMHSA's websiteincludes a number of different trainings and resources. Employee Assistance Programs The departments that hire and train first responders should also actively promote mental health awareness and work toward eliminating the stigma of receiving mental health care. Providing employee assistance programs can help change a department’s attitude towards mental health and give employees access to the care they need. Safe Call Now Safe Call Nowat (206) 459-3020 is a 24/7 hotline specifically for first responders and their families. Callers to the hotline can speak confidentially to other first responders trained in mental health crisis counseling. These counselors can help with exploring treatment options for responders in a crisis. National Suicide Prevention Lifeline The National Suicide Prevention Lifelineat 800-273-8255 is available 24/7. Calls to the Lifeline are confidential and trained crisis counselors can help you and provide you with information regarding mental health care providers in your area. 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 illnesses. To schedule a consultation call (509) 991-7058.  The Virginia State Senate has approved a bill that, if enacted, would ban capital punishment for defendants suffering from severe mental illness. The Republican-controlled Senate passed the bill by a vote of 23-17. The bill now moves on to the House of Delegates which is comprised of 51 Republicans and 49 Democrats.
The Bill The bill defines “severe mental illness” as “active psychotic symptoms that substantially impair a person’s capacity to (i) appreciate the nature, consequences, or wrongfulness of the person’s conduct; (ii) exercise rational judgment in relation to the person’s conduct; or (iii) conform the person’s conduct to the requirements of the law.” The bill specifically excludes disorders that manifest primarily in repeated criminal conduct or are "attributable to the acute effects of voluntary use of alcohol or any drug." The "severe mental illness" determination would be made during the sentencing phase of a defendant's trial. The jury or the judge would be tasked with deciding, by a preponderance of the evidence, whether the defendant suffered from a severe mental illness at the time of the offense. If found to have a severe mental illness, a defendant would be sentenced to life in prison without parole in lieu of the death penalty. The bill would not prevent people with severe mental illness from being convicted of crimes. Virginia’s History of Executions Virginia does have a history of executing individuals who may have had a severe mental illness. In July of 2017, Virginia executed William Morva, a man with a delusional disorder. Morva had been sentenced to death in 2008 for the 2006 murder of a security guard during an escape from custody. He asked for a commutation of his sentence based on a psychiatrist’s finding that he suffered from a severe mental illness. Morva’s attorney argued that he believed he was acting in self-defense at the time of the murder. Virginia governor Terry McAuliffe refused to commute the sentence. Virginia is second only to Texas in the number of executions it has completed since 1976. There has, however, been a sharp decline in recent years. There are currently only two men on death row, and no defendant has been sentenced to death since 2011. 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 illnesses. To schedule a consultation call (509) 991-7058.  According to a studypublished in the New England Journal of Medicine, babies born in certain months have a higher rate of attention deficit and hyperactivity disorder (ADHD). The study found that children born in August are more likely to be diagnosed with ADHD than children born in other months.
Reasons for the Link The study focused on children living in states where children must turn 5 before September 1stbefore being allowed to begin kindergarten. There are 21 states in the nation with this cutoff date. This means that children born in August in these states are usually the youngest children in their classroom. Some researchers believe this may be part of the problem. The study may actually demonstrate that there are developmental components to an ADHD diagnosis and that the immaturity of a child’s brain can cause them to demonstrate symptoms that may be linked to ADHD. A studyin Taiwan found that youngest children are significantly more likely to be diagnosed with ADHD than older children in the same class. The study also found that the prevalence of ADHD diagnoses decreased month by month from the youngest children to the oldest children in the class. Could this mean that a significant number of children are being misdiagnosed? Ensuring a Correct Diagnosis Many ADHD diagnoses result from a failure of the child to meet the behavior and performance expectations at school. By a certain age, most children have developed the skills necessary to pay attention, stay on task, and wait their turn in school. But classroom ages can span an entire year which means that some of the children in a given classroom have not yet reached these developmental milestones. The differences between the oldest and the youngest child in a class can be substantial. If children are being evaluated for ADHD, it is crucial that their behavior be compared to that of other children their age and not of other children in their classroom. 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 illnesses. To schedule a consultation call (509) 991-7058.  Increasingly, law enforcement has become the first line of contact for people with serious mental illness and up to 10% of police callsinvolve someone with mental illness. A 2015 reportfound that people with mental illness were 16 times more likely than others to be killed in a police encounter. According to the report, about one in four fatal police encounters involve someone with a mental illness.
In April of 2018, New York City police officers shot and killed a man in Brooklyn who was known to be mentally ill after he pointed a metal pipe at officers. That same month, a 36 year old woman with mental illness in Georgia was shot by police after her family called 911 for help with her delusions. In 2016, Boston police officers shot and killed a mentally ill man who attacked emergency medical technicians who were called by his mother. These events happen on a regular basis but are not always reported in the media. Lack of Police Training Despite the fact that law enforcement officers are on the front lines of dealing with mental illness, many of them lack sufficient training on how to deal with people with mental disabilities. There is a severe lack of training in how to cope with and safely interact with an individual suffering from a mental health crisis. Training that assists officers in identifying individuals with a mental disability and how to handle them could go a long way toward reducing violent police encounters. In many cases police officers receive the opposite of the type of training they should be receiving. The tactics used by police can sometimes escalate a situation when an individual is in the midst of a mental health crisis. Someone in a crisis may react more violently and officers should be trained on how to safely approach an individual and bring down the situation. People with mental illness don’t always exhibit obvious symptoms so police officers should be trained to recognize the signs of a crisis that are not always easy to detect. Lack of Treatment The lack of mental health treatment in many communities has turned the mental health crisis into a police matter rather than a public health situation. An increase in quality mental health care would clearly lead to a decrease in the number of police encounters in the first place. 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 illnesses. To schedule a consultation call (509) 991-7058.  In October of 2018, California’s chief prison psychiatrist released a scathing 161-page reporton mental health care in the state’s prisons. The report indicates that state officials are misrepresenting the care received by inmates with mental disabilities and are putting the health of these inmates at risk. In the report, Dr. Michael Golden states that inmates are not receiving the psychiatric care they need.
Central Problem One of the central problems the report focuses on is the lack of physicians in the prison system. Inmates may receive treatment from psychologists and other non-physicians rather than psychiatrists who are medical doctors. This means that medications are being managed and other crucial decisions about mental health care are being made by individuals without medical degrees. Shockingly, in some cases medical decisions by doctors are being overridden. There is also a problem with accurate reporting of information to the courts and the public. For instance, the report alleges that the prisons mischaracterize the rate at which inmates are seen by psychiatrists and that fewer than 50% of inmates are seen in a timely manner. Some inmates are not receiving regular psychiatric treatment due to prison transfers. Other inmates are not receiving their treatment or doctor visits in a confidential environment, which can be a key factor in appropriate treatment. Without proper reporting of important information, the problem can’t be fixed. Inmate Treatment The report makes serious allegations about how mentally ill inmates are treated. The report refers to a specific incident involving an inmate with psychosis who was not given her medication and ripped out her own eyeball and ate it. The inmate had been placed on suicide watch and had been screaming for hours prior to the event. The psychiatrist on call was not contacted and the inmate did not receive her medications for four hours prior to the incident. The California Department of Corrections and Rehabilitation (CDCR) denies the allegations in the report and made a statementindicating that they’ve made strides to improve the treatment of inmates with mental illness in their facilities. 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 illnesses. To schedule a consultation call (509) 991-7058. |
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