​In August of 2018, New York’s Governor Andrew Cuomo signed into a law a bill that would allow the state’s Office for People with Developmental Disabilitiescreate a standardized identification card for individuals with autism spectrum disorder (ASD) and other developmental disabilities. The card represents an optional way for individuals with ASD convey information to others, including first responders, about their diagnosis. The information on the card would include information about ASD as well as an emergency contact number and address. The goal is to improve interactions with law enforcement.
 
New York Assemblyman Angelo Santabarbara, whose son has ASD, introduced the bill and pointed to an incident in Arizonaas highlighting the need for the ID cards. In 2017, Connor Leibel, a 14-year-old with ASD, was assaulted in the park by a police officer who believed that he was demonstrating evidence of drug use. Connor had been engaging in self-stimulating behavior or "stimming" which is a repetitive behavior that can bring a sense of calm to individuals with ASD. In this case, Connor was playing with a piece of string. When confronted by a police officer who had no training in autism, Connor explained what he was doing. The office slammed Connor into a tree and wrestled him to the ground. Connor sustained bruises, scratches, and a swollen ankle which required surgery. If Connor had been armed with an ID card informing the officer of his condition, then perhaps the incident could have been avoided.  
 
Not a Replacement for Training
 
Autism ID cards are used across the country to help people with ASD in their interactions with law enforcement and other first responders. They're even sold online, and templatescan be found on autism advocacy websites. They are useful tools. However, the onus should not be entirely on the person with ASD to explain their condition. Law enforcement should also receive specialized training on how to handle situations involving individuals with ASD and other developmental disabilities. They should be informed of the behaviors typically displayed by those with ASD and learn how to respond accordingly. Learning techniques such as de-escalation can help reduce violent conflicts and keep everyone safe.
 
If you or a loved one with a mental disability 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 and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

​According to a recent study, it was found that individuals with autism spectrum disorder (ASD) are more likely to suffer from depression in adulthood than the general population. The study was a Swedish population-based study that looked at 223,842 participants who were followed from when they were children into young adulthood. The study compared young adults with ASD to those without the disorder. The study also looked at the siblings of those with ASD to rule out any familial effect. 
 
Close to 20% of the participants with ASD received a depression diagnosis in young adulthood. It was discovered that those with ASD who did not have an intellectual disability were at a greater risk for depression. People without intellectual disability may be more prone to depression because they have a greater awareness of their difficulties and know more about their own limitations.
 
Possible Reasons for Depression
 
While it is not clear from the study whether the higher rates of depression are the result of environmental factors or something biological, there are significant reasons why someone with ASD may be more prone to depression. Individuals with ASD have trouble with communication and social interaction and may find themselves disconnected from the people around them. In addition, some of the behaviors associated with ASD may cause individuals to be the source of ridicule or isolation.
 
Challenging to Diagnose
 
The rates of depression among these individuals may be even higher than reported due to the difficulty of diagnosing mood disorders in those with ASD. Individuals with ASD tend to have a flat affect, and their facial expressions don't always match their mood. In addition, people with ASD can have difficulty discussing their feeling and the feelings of others. Another challenge is that some of the symptoms of depression overlap with symptoms of ASD. These symptoms can include depressed affect, sleep disturbances, social withdrawal, and reduced communication with others.
 
Early Diagnosis
 
The takeaway from this study is that families and physicians of individuals with ASD need to be more aware of the risk of depression. Children with ASD should be monitored for signs of depression so that they can receive early support and treatment. 
 
If you or a loved one with a mental disability 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 and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

​Autism Spectrum Disorder (ASD) is a developmental condition that contains a broad range of disorders that affect communication and behavior. There is a wide variety of types and severity of symptoms that people experience. Individuals with ASD have persistent challenges in social interaction, problems with speech and nonverbal communication and sometimes repetitive or restricted behaviors. ASD can be diagnosed at any age, but symptoms generally begin appearing by the age of 2. Individuals with ASD can face significant challenges in the ability to function properly at work, school, and in other areas of life but many individuals with ASD live independent and successful lives. 
 
Signs and Symptoms
 
Not all individuals with ASD show the same signs and symptoms. Some common social interaction and communication behaviors include:
 

• Not looking at or listening to other people
• Failing to or being slow to respond to someone trying to gain their attention
• Not making eye contact
• Difficulties with conversation
• Talking at length about a subject without noticing that others aren’t interested
• Flat or inappropriate facial expressions
• Trouble understanding others’ feelings or talking about their own feelings

Some common restrictive and repetitive behaviors include:
 

• Echolalia—repeating words or phrases
• A lasting and intense interest in certain topics
• Overly focused interest in this such as moving objects
• Easily upset by changes in routine
• More or less sensitive than other people to sensory input
• Flaps hands, rocks body, or moves in circles

 
Statistics
 
According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 59 childrenhas been identified with Autism Spectrum Disorder (ASD). ASD occurs in all racial, ethnic, and socioeconomic groups but is 4 times more likely to occur in boys than girls. In some studies, it was shown that if one identical twin has ASD, the other twin is 36-95% more likely also to have ASD. Parents who have a child with ASD are 2-18% more likely to have a second child with the disorder.
 
Treatment
 
Medication can be used to treat some of the behaviors that go along with ASD such as anxiety and depression, hyperactivity, attention issues, irritability, and aggression. People with ASD may also benefit from programs that help them learn social, communication, and language skills. Therapies that help build life skills and reduce challenging behaviors can also be helpful.
 
If you or a loved one with a mental disability 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 and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

While it is unknown exactly how many people have a Fetal Alcohol Spectrum Disorder (FASD), it is estimated that 2-5% of children in the United States have an FASD. FASD results from the use of alcohol by a mother during pregnancy and according to the Centers for Disease Control, 10% of pregnant women report drinking, while 3% report binge drinking during pregnancy. FASD is a hidden disability where the symptoms are not always obvious to those on the outside, but sometimes these symptoms can be debilitating and can lead to unfortunate interactions with the criminal justice system. 
 
What is Fetal Alcohol Spectrum Disorder?
 
Fetal Alcohol Spectrum Disorder refers to a group of conditions that may occur if a person’s mother consumed alcohol during pregnancy. Alcohol in the mother’s blood stream passes to her baby through the umbilical cord. Therefore, when a pregnant woman drinks alcohol, so does the baby. No amount of alcohol is safeduring pregnancy and FASD can occur even if a pregnant woman never binge drinks. The alcohol consumed by the mother can cause significant damage to the brain. 
 
Symptoms of Fetal Alcohol Spectrum Disorder
 
FASDs, including Fetal Alcohol Syndrome, can lead to a variety of physical, cognitive, and intellectual disabilities. Behavioral and social issues may include:

• Problems getting along with others
• Poor social skills
• Trouble transitioning between tasks
• Problems with impulse control
• Poor concept of time
• Problems staying on task

 
Fetal Alcohol Spectrum Disorder and Criminal Justice
 
Individuals with FASD sometimes become involved with the criminal justice system. The brain damage that results in FASD can make it difficult for individuals to avoid problems with the law. Lack of impulse control and problems thinking of future consequences can lead to involvement in criminal activity. In addition, tendency toward explosive episodes and vulnerability to peer pressure can also lead to a high risk of trouble with the law.
 
In 2012, the American Bar Association passed a resolutionurging attorneys and judges to receive training on how to recognize and handle FASD in the criminal justice system. It is important that brain disorders are treated properly when it comes to crime. As Stephen G. Cobb noted in Representing People with Mental Disabilities(edited by Elizabeth Kelley and published by the American Bar Association):

"If crime itself is the result of brain disorders, then crimes are actually the reasonably foreseeable symptoms of abnormal brain function. Because criminal law is predicated on all persons being presumed “sane,” this calls into question whether our entire criminal justice system is built on a false paradigm that is no longer sustainable. At the present time, federal and state governments around America are punishing people for medical disorders. Now that this has come to light, it is past time to have a national conversation about what this means for criminal justice and what kind of a society we are. Until we recognize the powerful link between crime and brain disorders, and create appropriate preventative and treatment measures, what will a sizable portion of the population do as a result of undiagnosed and untreated brain disorders? "
​
If you or a loved one with a mental disability 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 and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

​Solitary confinement is routinely used in prisons as a punishment for disciplinary violations and, as a result, a disproportionate number of mentally ill inmates are placed in solitary. According to a Department of Justice report, the Federal Bureau of Prisons uses solitary confinement for mentally ill inmates at a high rate and that these inmates don’t get the treatment they need. Inmates with mental illness tend to be held in isolation longer than other inmates in federal prison. The problems prevail in state prisons as well. In South Carolinait was found that inmates who suffered from a serious mental illness were more than twice as likely to be placed in solitary confinement.
 
The symptoms of mental illness are often seen as reasons to place an inmate in solitary.  Suicidal threats and threats to other inmates are the most common reasons for placement in solitary confinement. Currently more than 4,000 inmateswith serious mental illness are in isolation. This number is likely on the low side given that many inmates with mental illness go undiagnosed and untreated. Inmates in isolation are held for 22 hours a day, often for 15 days or more.
 
Effects of Solitary Confinement
 
It is well known that the effects of solitary confinement can have a detrimental, and even deadly effect on anyone, especially inmates with mental illness. In a 2014 study, it was found that New York City prisoners placed in solitary confinement were 7 times more likely to engage in self-harm or suicide. While some inmates may be able to employ coping mechanisms while in isolation, those with mental illness often lack those skills and have more trouble adapting. 
 
In addition, prison rules for isolated prisoners sometimes means that inmates with mental illness don’t receive the mental health services they require. The majority of inmates who spend extensive time in solitary confinement experience some symptoms of declining mental health, even those who were mentally healthy to begin with. This fact highlights the destructive nature of solitary confinement on mental health. Without treatment, solitary confinement only exacerbates the symptoms of mental illness.
 
If you or a loved one with a mental disability 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 and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.