For many people with autism, it can be hard to interact with other people. It can be especially challenging when people with autism encounter law enforcement personnel. People with autism can be slow to respond to questions or commands and may not understand an officer's request. Miscommunication in the face of law enforcement can have unfortunate, and sometimes deadly, consequences. Most police officers have little to no training on how to recognize, communicate with, and respond to individuals with autism while out in the field.
The advocacy group, Autism Speaks, encourages people with autism to bring cards or handouts to present to law enforcement and security personnel. But Texas has now made it easier for individuals to advise the police of possible communication challenges. In 2017, the Texas legislature passed a measure that would encourage people with autism to utilize the state’s “communication impediment code” to help alleviate any issues in communicating with law enforcement. What is a Communication Impediment Code? A communication impediment code is a notice placed on a driver's license or identification card that should notify law enforcement looking at the license that the person has a health condition that may impede their ability to communicate. The code is printed on the back of the license where it would not be evident to most people glancing at the license. To qualify for the communication impediment code, an individual must complete a Physician's Statement Form and submit it with their driver's license or ID card application. Registration for the code is entirely optional, so those worried about possible stigma do not have to apply. The communication impediment code, in conjunction with new police officer training initiatives, should provide some protection to people with autism in their interactions with law enforcement. Initiatives in Other States Texas's plan is not unique, and other states have taken measures to assist people with autism in communicating their condition to law enforcement. Arkansas recently passed a measure allowing individuals to apply for a communication impediment decal on their license or ID card. In Alabama and Florida, drivers who have been diagnosed with autism can carry separate identification cards to present to police. In Kansas, in addition to an indicator on their driver’s licenses, people with autism can have a decal placed on their license plates and a placard which they can place in their vehicles. What’s the Downside? While these programs are helpful to both people with autism and law enforcement, there can be stigma and assumptions that go along with a diagnosis. Law enforcement officers aren't the only people who see someone's driver's license. Under Texas's initiative, there is no indication on the license that the individual has an autism diagnosis, only that they have a communication impediment. The code is also not prominently displayed on the license. In other states, decals are affixed to the license which may draw more attention to the fact that someone has a health issue. The use of autism-specific identification cards clearly indicates to others the specifics of a diagnosis; however, the individual is not required to present the card to anyone if they choose not to. The key seems to be the voluntary nature of these programs and allowing an individual with autism decide how they would like to proceed. Additionally, these initiatives should not be seen as a panacea. Law enforcement should still undergo training on how to identify people with intellectual/developmental disabilities and how to properly interact with them. If you or a loved one has autism 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 and intellectual disabilities. To schedule a consultation call (509) 991-7058.
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One in fifty-nine children is diagnosed with autism, and it is nearly impossible to diagnose children under two years old. Symptoms of autism may surface as early as 12 months. However, the condition cannot be detected until at least 24 months. Now, thanks to a new eye scan, autism may be detected in younger children. Eye Scanner Dr. Paul Constable, a senior lecturer at the college of nursing and Health Sciences Flinders University, has been searching for an autism biomarker since 2006. He has been trying to find a way to advance early diagnosis and help children with autism receive earlier intervention. Dr. Constable and his research team discovered a non-invasive eye scan that consists of a handheld device that can identify a pattern of subtle electrical signals in the retina. These electrical signals are specific in children with autism. The pattern corresponds to the difference in their brain development. The eye scan was tested on 180 individuals between the ages of 5 and 21. Some individuals had an autism diagnosis, and some did not. They found the eye scanner was accurate in detecting the electrical signal pattern in individuals with a diagnosis as opposed to those without. The test is a quick, non-intrusive scan with a handheld device. Early Intervention The discovery of this biomarker may make it possible to diagnose autism as early as infancy. This early diagnosis means that children with autism can grow up with interventions to help them succeed. It also means that families will have an opportunity to educate themselves on the condition and be able to support their children appropriately as they grow older. Early intervention for children with autism is essential for successful outcomes. In addition, the identification of this biomarker for autism could allow for early diagnosis of other developmental disorders such as attention deficit hyperactivity disorder (ADHD). This would allow those individuals to receive the necessary early intervention as well. 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. For More About Autism Spectrum Disorders: Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers – by Elizabeth Kelley
If you are a criminal defense lawyer, it is inevitable that you are going to represent someone on the Autism Spectrum. Indeed, the Center for Disease Control estimates that one in 59 children are on the spectrum. And because Autism is a lifelong condition, these children will become adults on the spectrum. But what is Autism Spectrum Disorder (ASD), how will you recognize it in a client, why is it relevant to the criminal justice system, and why do people with ASD get ensnared in the criminal justice system? Buy Now Individuals with disabilities are overrepresented in the prison population. The United States Bureau of Justice Statistics (BJS) found that in 2011-2012, 32% of federal and state prison inmates had a disability. This is compared to 15% of the general population. While some individuals have disabilities that are immediately apparent, such as those that require a wheelchair, some inmates suffer from other types of non-physical disabilities. BJS reports that cognitive disabilities are among the most common in the prison population, with 2 in 10 prisoners reporting such a disability.
Cognitive Disabilities Even though they are not physical, cognitive disabilities can have a huge impact on a person's daily life. Individuals with behavioral/emotional disorders, intellectual and developmental disabilities, and traumatic brain injury make up a significant segment of the prison populations. An analysis of students in North Carolina found that students with these disabilities tend to go to prison at a higher rate than their peers. The analysis found that students with disabilities were twice as likely to end up in prison than their peers. This higher rate of incarceration may be explained by the discrepancies in graduation rates. Students with a cognitive disability were more likely to drop out of school than their peers. Dropouts with disabilities had a higher rate of incarceration that dropouts without disabilities. However, this cannot be the only explanation. The likelihood of going to prison is also dependent on the type of cognitive disability. Individuals with intellectual disability, certain learning disorders, or traumatic brain injury had a significantly higher risk of going to prison. Those with autism were significantly less likely to go to prison than their peers without disabilities. Working on the Problem It is clear from the statistics that individuals with cognitive disabilities need better support and treatment. Given the high rate of dropping out of school, they may not be receiving the educational support they need to be successful. By focusing more resources on identifying and supporting those with cognitive disabilities, then maybe we can eliminate the school to prison pipeline that is affecting so many. 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. There is research that suggests that what we eat may not only affect our physical health but can have an impact on our mental health as well. We tend to separate the brain from the rest of our bodies, but we should look at good health from a holistic approach and treat and treat our entire body well. The Science The connection between diet and mental health comes from what is known as "second brain," the connection between your brain and your gastrointestinal tract. Your GI tract is the home to billions of bacteria that have an influence on the production of neurotransmitters. Neurotransmitters are chemical substances that carry messages from the gut to the brain. Dopamine is an example of a neurotransmitter. When you eat healthy food, you encourage the production of good bacteria in your gut. This good bacteria positively affects the production of neurotransmitters. If you only eat junk food, then you will suffer from inflammation, which will have a negative effect on the production of neurotransmitters. Your emotions will reflect this negativity. Sugar is a major culprit. If you stick to a diet of healthy food, you can reduce the incidence of depression and anxiety and eliminate mood fluctuations. What to Eat The next time you go to the grocery store, you should aim for a mix of different types of foods for better health. Look for whole foods such as fruits and vegetables. Try to eat food that is minimally processed as preservatives and dyes can worsen feelings of depression. Plant-based foods that are full of fiber can help your body better absorb glucose to help you avoid sugar rushes and crashes. Foods that are high in vitamin D, such as mushrooms, can help with the production of serotonin in the body. Magnesium is also vital to the food and mood connection. It can be found in foods such as dark leafy greens, almonds, and cashews. Fermented foods such as kimchi, miso, and kombucha are packed with probiotics that can help the production of good bacteria in your gut. Incorporating good foods into your daily life may take some extra effort at first, but the results in your physical and mental health make it worth it. Start by incorporating vegetables a few days a week and move on from there. Make small healthy food swaps like brown rice instead of white rice. Be mindful of the foods entering your body, and you may feel a positive change in your mental health. 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. Approximately one in five mothers develops postpartum depression after giving birth. Postpartum depression is a debilitating condition that can have a detrimental effect on the health of a mother and baby. Now New York City is taking steps to help mothers with its New Family Home Visits initiative.
New Family Home Visits Initiative Chirlaine McCray, the city’s first lady, is behind the city’s effort to address postpartum depression in new mothers. Every first-time parent in New York City will be eligible to receive a total of six in-person visits from mental health professionals. It is unclear whether these visits will change to telehealth in light of COVID-19 concerns. The New Family Home Visits Initiative will begin in Brooklyn later this summer and expand to the rest of the city by 2024. There are similar programs in Chicago and Durham, but New York City’s will be the largest once it ramps up. The city will team up with community-based organizations to send a community health worker, doula, or nurse with mental health training into people's homes. The program is available to first-time parents regardless of gender or sexual orientation and is also available to adoptive parents. By opening the visits to everyone, the city hopes that it will reduce the stigma and that more parents will participate in the program. In addition, maternal depression screenings are now mandatory at all hospitals, in an effort to identify mothers at risk and get them the help they need. Not Just Postpartum Depression The city's effort is part of a nationwide push to help new mothers battling postpartum depression. Becoming a parent is a difficult and overwhelming transition, and help in all aspects of parenting is needed. Other home visiting programs help with children's cognitive development, offer parenting tips and assistance, and focus on maternal mental health. These programs are helpful in reducing child abuse and emergency room visits. While many of these home visit programs are on hold due to COVID-19, there are still programs that provide remote assistance and are available for first-time parents over the phone. 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. Many of us have tabletop virtual assistants such as Alexa and Google Home and find them helpful for accomplishing tasks such as playing music and making shopping lists. While these devices act as a basic form of artificial intelligence (AI), AI is evolving and could soon become a part of your life in a more significant way.
Artificial Intelligence Mental health may be part of the future of AI. AI is based on machine-learning algorithms, and if forward-thinking doctors and investors have their way, it could be a part of mental health therapy. One day your therapist could be a virtual human capable of listening and counseling. Some believe that AI tools will help mental health providers optimize patient care. For instance, if you need psychiatric medication, AI can help find the right one based on your biology and other factors and eliminate the frustrating trial and error that comes with medication. AI algorithms can also determine whether, for example, someone is likely to attempt suicide. They can use information such as someone's age, gender, responses to questions, and other factors to make this determination. Facebook currently uses AI to flag posts that suggest suicidal ideas or self-harm. Cost Saving Measures Currently, mental health treatment is expensive, and caring for patients with precision is the key to cost-effective and helpful care. Current therapy and treatment methods often can't pinpoint the unique needs of every patient. Doing so often requires extensive therapy, which costs money and time that people may not be willing to forgo. With AI therapy, there is the potential to be faster and cheaper, and therefore more effective. These factors can result in more patients seeking treatment. AI also appeals to cost-conscious health insurers and employers. Currently, a startup company called Lyra Health uses data to diagnose mental health conditions and to match patients up with providers. In addition, many large companies offer their employees the services of Spring Health, which uses predictive models to detect mental states and recommends appropriate treatment. People can also use cell phone-based "chatbots" to deliver cognitive behavioral therapy. The chatbots simulate human conversation through voice and text and have been found to reduce depressive episodes in users. Reshaping Mental Health Care The use of AI in mental health therapy will change the face of mental health care. One out of every five adults in the United States experiences a mental illness. Less than half of those individuals receive treatment. AI would make treatment more accessible, and there is evidence that people may be more likely to rely on AI treatment. Many rural counties that have no access to mental health care could now have various treatment options available through AI. AI-based tools could also help destigmatize mental health care, which, coupled with cost savings, would make more people willing to use the 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 illnesses. To schedule a consultation call (509) 991-7058. A report from California Health Policy Strategies indicates that the prevalence of mental illness in California jails is on the rise. The report analyzed data from 50 counties regarding mental health cases and the rate of prescriptions for psychotropic medications in jails between 2009 and 2019.
Rising Numbers The data came from the Board of State and Community Corrections (BSCC) Jail Profile Survey (JPS). The JPS has been distributed to jails since 2002 and is a tool used to collect data on local jails and jail systems. In the survey, counties are asked to report the number of inmates receiving medications for identified mental health issues and the number of open mental health cases. The survey is taken on a monthly basis. The data analyzed from 2009-2019 indicated that the number of California statewide jail inmates with an active mental health case or a prescription for psychotropic medication increased significantly. In 2009, there was an average of approximately 15,500 open mental health cases reported by counties on a monthly basis. By 2019, this number jumped to about 22,000. This is a 42% increase in the number of open mental health cases in county jails. In addition, the percentage of the jail population with an open mental health case rose from 19% in 2009 to 31% in 2019. In fact, the number of incarcerated individuals overall decreased, while the number of mentally ill inmates increased. The data regarding psychotropic medication indicated a similar trend. Reasons for the Increases The data in the report may reflect a trend of incarcerating individuals who suffer from mental illness. Depending on the county, there could be a number of factors that play a role. Some counties could have higher rates of homelessness or lack treatment resources in the community. In addition, policy changes under the Public Safety Realignment could mean that more individuals with mental illness are being kept in the jail system rather than sent to prison. With regard to the increase in inmates with prescriptions for psychotropic medication, this could be a result of better rates of mental illness identification and treatment. It may not solely be the result of increased incarcerations of individuals with mental illness. Whatever the reasons for the increase, the report has highlighted the need to keep accurate data on mental illness rates in jails and prisons. The number of mentally ill inmates will likely continue to increase over the years, and counties must be prepared to handle these numbers. 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 February of 2020, the group Physicians for Human Rights released a report regarding the psychological effects of family separation. The report came after an in-depth review and psychological evaluation of 26 asylum seekers in the United States. The asylum seekers included nine children and seventeen adults who had been separated from their families.
Psychological Trauma Physicians noted that individuals who were separated from their families under the Trump administration’s “zero tolerance” policy suffered from psychological trauma. This trauma ranged from conditions such as post-traumatic stress disorder (PTSD) to depression and anxiety. In almost every case they examined, the group noted some level of psychological trauma that required further intervention. Most of the individuals met the diagnostic criteria for at least one mental health condition. Many of the individuals were already suffering trauma as a result of violence or other adverse conditions in their home countries. The report concluded that the forced separation exacerbated any pre-migration trauma these individuals endured that led them to seek asylum in the first place. Children, in some cases, were afraid of strangers even after being reunited with their families. In addition, some children showed signs of regression, such as bedwetting and not being willing to leave their parent's side. Reunification was not enough to prevent the trauma. Further interventions and therapy were necessary. People tend to think of children as being very resilient. However, the fact is that the psychological trauma of forced family separation can haunt a child for years. Family separation can damage the bonds that a parent and child have together. Trauma caused by separation can have a detrimental effect on a child’s schoolwork and social skills and impact their daily lives. Treatment is Necessary The report noted that the individuals reviewed in the study most likely required further follow up and treatment for their trauma. Without treatment, the long-lasting effects of trauma could cause symptoms for years to come. The total number of children separated from their families remains unknown. At least 471 parents were deported without their children. Because this psychological trauma is the result of the government's actions, the report notes that the government should be responsible for providing the necessary treatment. In November, a U.S. District Judge ordered the government to begin providing mental health screenings and treatment to families who had been separated under the family separation policy. An appeal of the order has been withdrawn. 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 study out of Florida International University, children diagnosed with attention deficit hyperactivity disorder (ADHD) can expect meaningful real-world consequences when they become adults. Children with ADHD tend to lag behind their peers when they are younger, and this lag often continues well into adulthood. This occurs even if the symptoms of ADHD, including an inability to focus, impulse control issues, and hyperactivity, appear to have been controlled.
The Study The study found that the consequences a child with ADHD may experience in adulthood will likely include financial struggles. The study tracked 364 adults aged 25 to 30 who had been diagnosed with ADHD as children and compared them to a control group of the same age. The study found that by age 30, individuals without ADHD were far more likely than those in the study with ADHD to have achieved the traditional markers of financial independence, including:
There were limitations to the study. The small number of participants made the results less reliable. In addition, a significant number of study participants had other behavior disorders, including conduct disorder and oppositional defiant disorder. The study also did not look at participants older than 30 years. Regardless of its limitations, the study does point to the fact that we need more educational support. People with ADHD should be taught life skills that may come more naturally to others. These include executive skills like planning and setting goals. These skills could better prepare them for handling their lives as adults. 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. The suicide rate in California prisons reached its highest level in decades in 2019. The total number of suicides in prison for 2019 was 36. This is a rate of 28.7 suicides per 100,000 prisoners, which results in an increase over last year's rate of 26.3. This rate is well above the national average of 20 and is the highest rate since tracking of the figure began in California in 1990. The suicide rate in California prisons is more than double the rate in the general American population.
Failures in Mental Health Care California’s suicides are most likely the result of a system that has failed for decades to properly help prisoners with mental illness. In a 1995 decision by a federal court, it was found that the inadequate mental health care in prison was so bad that it violated the constitutional rights of the prisoners. Corrections officials were forced by the court to make reforms, and the court appointed a Special Master to oversee the prison system. It has also been reported that failures to obey policy and procedure have led to an increase in suicides. Prisoners who were at risk for suicides were not properly monitored. In addition, long wait times for mental health care and a lack of prison psychiatrists could all have contributed to the crisis. Disturbingly, 10 of the 36 suicides occurred in special housing units where prisoners are kept separate from the general population, sometimes in solitary confinement. Prisoners in special housing may have psychiatric issues, have violated prison rules, or have known gang affiliations. Given the small number of prisoners in special housing, this suicide rate amounted to a shocking 203.3 deaths per 100,000 people. This increase in suicides in California prisons may result in increased federal scrutiny of the system, which is already under the microscope. Suicidal people behind bars in California are clearly not getting the help they need. In order to improve the system, serious changes must be implemented or the crisis will worsen. 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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