​Many individuals with mental disabilities have issues communicating properly or acting socially appropriately in a given situation. These communication issues can be especially problematic if a disabled individual encounters law enforcement or other first responders. The police often have no way of knowing that someone has a mental disability and often have no training on how to recognize a disability. 
 
Although it may appear that an individual is refusing to comply with an officer’s orders, it is sometimes the case that the person doesn’t understand the order or doesn’t know how to comply. A person may be acting strangely or erratically, and a police officer may interpret this behavior as aggression. Situations involving law enforcement and those with mental disabilities can have tragic and even deadly results.
 
Bridging the Communication Gap
 
Steven Mase and G.L. Hoffman worked closely with a police officer in Minnesota, parents, and caretakers of individuals with mental disabilities, and other members of the community in developing an app that could help bridge that communication app between people with mental disabilities and first responders. The Vitals mobile app promotes safer interactions by allowing authorized personnel to view a personalized digital profile of individuals with conditions that may affect their communication abilities. 
 
The information on the app is specific to the individual which is very important because every individual with a mental disability is different. The Vitals app pairs with a Bluetooth beacon that an individual wears that sends a signal to the law enforcement officer who also has the app. The information transmitted to the app includes the individual’s name, contact information, and condition. It also includes important information about known triggers and helpful de-escalation techniques. The app also allows a family member or caregiver to upload a video message directed to the individual with the disability letting them know that law enforcement is here to help. 
 
Developers of the Vitals app are hopeful that with widespread use it can change the tone of interactions between law enforcement and people with mental disabilities. The app is currently being used by 1,800 individuals and 60 law enforcement agencies in Minnesota. The app will hopefully expand to other states soon.  
 
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 illness or intellectual/developmental disability. To schedule a consultation call (509) 991-7058.

The U.S. Food and Drug Administration (FDA) has approved the first medical device to help children with attention-deficit/hyperactivity disorder (ADHD). The Monarch external Trigeminal Nerve Stimulation (eTENS) system is available for children with ADHD aged 7 to 12 who are not currently taking medication. The device offers the first non-drug treatment for the condition. 
 
What is ADHD?
 
ADHD is a common condition that can be difficult to manage and begins in childhood. Symptoms of ADHD include difficulty focusing, inattention, impulse control issues, and increased physical activity. To be diagnosed with ADHD a person must demonstrate persistent inattention and hyperactivity that has a long-lasting effect and interferes with their daily life. 
 
The eTENS System
 
The device requires a prescription and is intended to be used under the close supervision of a caregiver. It is about the size of a cell phone and is designed to generate a low-level electrical pulse to the trigeminal nerve from a wire to a small patch placed above the child’s eyebrows. The trigeminal nerve then sends therapeutic signals to the parts of the brain that are believed to affect ADHD. The child may feel a tingling sensation when the device is working. The device is intended to be used at home while the child is sleeping.
 
Clinical trials of the device have indicated that it may take up to four weeks to begin working properly. A test showed a significant improvement in ADHD symptoms for those patients who used the device for four weeks or more. Side effects of the device include drowsiness, increased appetite, and trouble sleeping. Long term side effects are not currently known because the device is so new. The device should not be used by children under the age of 7 or those that have pacemakers or active implantable neurostimulators.
 
The eTENS system is currently available in Canada, Australia, and Europe and has been used as a device to treat depression. No U.S. release date has been advertised yet. The system is not currently covered by insurance. 
 
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 illness or intellectual/developmental disability. To schedule a consultation call (509) 991-7058.

Dementia in prison is a rapidly growing problem that most prisons are not equipped to handle. The increasing population of inmates over the age of 65 has led to unique challenges in the prison system. It is estimated that 20% of inmates over the age of 50 suffer from some type of cognitive decline. As inmates in prison age, they experience the same issues, in some cases to a greater degree, that those who are aging on the outside experience.
 
Proper Training and Care
 
Dementia refers to a decline in mental ability that affects one's day to day life. Individuals with dementia are often confused and have poor memory and cognitive skills. People with dementia require specialized care to help them handle their day to day needs. Due to the confusion they experience, people with dementia frequently act out in ways that are not socially acceptable. This can be especially problematic in a prison setting.
 
Corrections officers don’t typically receive training on how to handle the unique challenges presented by prisoners with dementia. These prisoners may not be able to properly take care of their daily needs or even have the ability to feed themselves. Corrections officers are not trained to provide the proper care needed.
 
Solutions
 
One approach to the prevalence of dementia in the prison system is the development of units within the prison that are specially designed for dementia patients.  States like Californiahave been working towards putting these units in place. California currently relies on volunteer inmates as part of their Gold Coat Programand other staff to help those with dementia, but it has been a difficult road. Prisoners with dementia often require around the clock care which is something that prison may not be equipped to handle. They need to be treated in a unit that is more like a nursing home setting. Costs of these units run high, however, and states may not see them as feasible alternatives. However, it is important that dementia patients are treated appropriately for the health and safety of all prisoners. 
 
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 illness or intellectual/developmental disability. To schedule a consultation call (509) 991-7058.

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. 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.