 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.
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 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 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.  Arizona Governor Doug Ducey issued an executive order aimed at protecting people with disabilities, a few years ago. 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 a few years ago. 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.  Several years ago, 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. Studies show that 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 recent study showed 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. |
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