Orchid Advocacy
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      • Why Orchid?
      • ORCHID'S SYSTEMIC FOCUS & "ROOT CAUSE" ANALYSIS APPROACH TO PROBLEM SOLVING WITH A COMMITMENT TO CREATIVITY & INNOVATION
      • Disclaimers, Limitations and An Invitation
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    • Val's Blog 2
    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
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    • Translational Medicine Friday
    • Translational Love, Relationships & Neuro-Diversity Saturday
  • Orchid's A-Z Index
    • Crisis Services in CO, the US & Around the World
    • Assertive Community Treatment & Flexible ACT Index
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    • Innovation Index
    • For More: See the Main Orchid Index Page
  • US Federal
    • THE IMD RULE & ADMIN. ENFORCEMENT OF DISABILITY CIVIL RIGHTS LAWS
    • Medicaid & Supportive Housing & Housing-Related Services
    • CMS' FAILURE TO COVER HOUSING FOR LTC & THE IMD RULE: WHAT THEY HAVE IN COMMON IS DISCRIMINATION
    • National Take
  • Research & Translational Medicine
    • Immunology & Mental Health >
      • Alcoholism & the Immune System & Mental Health
      • Brain Injury, the Immune System & Mental Health
      • Celiac Disease & Sensitivities, the Immune System & Mental Illness
      • Mental Illness & The Immune System
      • Racial Discrimination & the Immune System & Mental Health
      • Trauma & the Immune System & Mental Health
      • ***Physical Health Issues, the Immune System & Mental Health Index
    • University of Chicago: Institute of Translational Medicine
  • Hot Topics
    • What We Want --- SAMHSA Grant Opportunities Due Jan. 22, 2019
    • Anti-Social Personality Disorder >
      • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
      • Personality Disorders -- Unscientific & Vague -- Must Be Reformed
    • Executive Functioning & "Prison Brain" >
      • Job Accommodation Network on Executive Functioning Deficits
    • Medicaid & Medicare Network Adequacy >
      • OIG: STATE STANDARDS FOR ACCESS TO CARE IN MEDICAID MANAGED CARE (Sept. 2014)
      • OIG: ACCESS TO CARE: PROVIDER AVAILABILITY IN MEDICAID MANAGED CARE (Dec. 2014)
      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
      • CMS: Promoting Access in Medicaid and CHIP Managed Care: A Toolkit for Ensuring Provider Network Adequacy and Service Availability (April 2017)
    • Medicaid Mental Health & Substance Use Disorder Parity >
      • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
      • Frequently Asked Questions: Mental Health and Substance Use Disorder Parity Final Rule for Medicaid and CHIP [CMS October 11, 2017]
    • Olmstead Disability Rights >
      • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (2011)
      • Comprehensive Olmstead Planning
      • the Logical Long Term Consequences of our failure to provide Intensive Community MH Treatment
      • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
  • Take A Walk Around Orchid's Resource Block
  • Colorado Abuse & Neglect Scandals Involving People with Disabilities
  • Mental Health By The Numbers
  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
  • Olmstead & Homelessness
  • Double V
  • " 'Defund the Police" Means 'Invest in the Resources Our Communities Need' " or Don't Cost Shift to the Police
  • VAGUE OLMSTEAD PLANS, EXPENSIVE LITIGATION
  • Updating & Reforming our Understanding & Treatment of "Anti-Social Personality Disorder" Blog
  • Reform of " Anti-Social Personality Disorder" in Criminal Justice
  • CO HB22-1278
  • New Understandings Matter
  • Mental Health, Ethics & Law
  • CO Olmstead Disability Homeless Law & Policy Project
  • Inflammation, the Immune System, Neuro-Developmental Disorders, Psychiatric Disorders, Substance Use Issues & Chronic Disease
  • Microglia and the Brain's Immune System
  • Substance Issues & the Immune System

Transitional/ Translational Justice Monday





















Beyond "Try Harder"

2/28/2023

 
Val's Take

Historically, Humans treat most HEALTH PROBLEMS as Evidence of the DISFAVOR of the God, GODS, FATE or MORAL FAILINGS:
  • because it wasn't clear to people what was going on;
  • they were AFRAID --- sometimes needlessly -- but NOT ALWAYS
  • AND Health PROBLEMS were often demanding:
    • CARE from other people --
      • who even if they wanted to help --
        • didn't know HOW.

Addressing complex health problems often takes GENERATIONS OF HUMAN EFFORT to UNTANGLE.

I may think Dr. Palmer doesn't have it perfectly right --- but I do think he is RIGHT --
  • to get to the CELLULAR LEVEL, and
  • Start bringing in other SYSTEMS OF THE BODY
    • when it comes to understanding Neuro-Developmental and Psychiatric Disorders, Metabolic Disorders, Auto-Immune Diseases, Cancer, Neuro-Degenerative Diseases and AGING.

BUT Dr. Palmer as most of us when we're FRUSTRATED resorts to:
TRY HARDER --- even when it is so clear we need better STRATEGIES than that.

We're really having a HARD TIME coming to terms with the DEVELOPMENTAL ASPECTS of Neuro-Developmental Differences and Psychiatric Disorders.
  • I'm not saying we can't ultimately get around those DEVELOPMENTAL ASPECTS, but
  • We tend to UNDER-ESTIMATE what it is really going to take.

That person sitting across from you is NOT YOUR CLONE --
  • they have STRENGTHS you may not have,
  • and WEAKNESSES you may not have --- AND
  • VICE VERSA.

I like Palmer but I don't think he has the BROADER UNDERSTANDING of Stanford's ROBERT SAPOLSKY and the Biological Basis of Behavior and the Implications, including the Justice Implications for that.

Big Think
Professor and Author Robert Sapolsky

I think theFree Will debate is there BUT misguided.

What Sapolsky GETS RIGHT is a COMPREHENSIVE VIEW OF THE BIOLOGICAL BASIS OF BEHAVIOR

"You are never really going to understand what is going on if you get it into your head that you're going to be able to explain everything with this is--
​
  • the part of the brain
  • the childhood experience
  • the hormone
  • the gene
  • or the evolutionary mechanism​
---That explains everything.

"It doesn't work that way.  Instead any behavior is the result of biology that occurred a second ago, hours ago, days ago -- a million years ago."
.  . . .

"O000h it's complicated.  Well, that's very useful. 

"How 'bout, 'OOOh it's complicated and you better be really careful and really cautious before you think you understand the causes of a behavior, especially if it's a behavior you judge harshly.' "

.                                      ------Prof. Robert Sapolsky                                                                                   Stanford
The Need for a New Integrated DSM
The Definitional Argument in Mental Health & Criminal Justice Policy
A Strength-Based Approach
Picture
Are Mental Illnesses Really Metabolic Disorders?
Dr. Chris Palmer

Director of the Department of Postgraduate and Continuing Education at McLean Hospital and an Assistant Professor of Psychiatry at Harvard Medical School.
Try Smarter, Not Harder
I think Mental Illnesses are often IDIOSYNCRATIC DYSREGULATIONS of Multiple Systems of the Body that are INTEGRATED.

Further, people with Bipolar Disorder seem to have been BORN WITH MORE REACTIVE CELLS.

Is it all about the Brain and the Central Nervous System, or the Immune System, or Metabolic Processes, or the Endocrine System, or the Microbiome --- or ALL OF THE ABOVE.

It seems to me that Maternal Immune Activation, Shared Genes, Epigenetics and Inflammation acquired during the lifetime are the BIG DRIVERS affecting MULTIPLE INTEGRATED SYSTEMS OF THE BODY.

Further, the Relationship between Neuro-Developmental Disorders and Psychiatric Disorders I think means that LIFESTYLE CHANGES will often help --- BUT MAY OR MAY NOT BE SUFFICIENT.

I think Dr. Palmer has some important, critical insights ---- On the other hand, psychiatry has really had a hard time understanding DEVELOPMENTAL DIFFERENCES for people with an IQ above 70.

I do think there is a certain OVER-REACHING for Dr. Palmer --- BUT I think he is making some legitimate points. 

Paul Micallef -- Autism from the Inside

"My strategies tend to be very different than what work for other people.

"THE BEST THING FOR ME IS TO DO WHAT WORKS FOR ME."

Picture
If we have some great break-throughs in the treatment of Neuro-Developmental Differences & Psychiatric Disorders --
  • We should take advantage of them as ethically appropriate.

IN THE MEANTIME:
  • Saltz' recommendation to spend 80% of the time on STRENGTHS DEVELOPMENT, and
  • 20% on Work-Arounds for Weaknesses

is probably pretty good.

Further, those STRENGTHS & WEAKNESSES are likely falling outside NEURO-TYPICAL RANGES.

Picture
Picture

The low to HIGH Grade PARANOIA in the Legal Profession ---Talking About Issues Openly

2/15/2023

 
There are many things about the practice of law that make TRUE PROBLEM-SOLVING problematic.

Unfortunately, there are REASONS for why the LEGAL PROFESSION finds itself in so many double binds.
HOLDING PEOPLE or ENTITIES ACCOUNTABLE is NOT THE SAME THING --- as PROBLEM-SOLVING.

PROVIDING FOR SAFETY in the 21st Century is a lot more complicated than holding people accountable
Evidentiary Rules of "RELEVANCY" --- often miss the ELEPHANT or ELEPHANTS in the room and that often makes problems WORSE --- NOT BETTER.

The Law often CODIFIES "US vs. THEM THINKING."

GOOD IDEAS can come from ANYWHERE --- regardless of ACADEMIC DEGREES or where one is on the POLITICAL SPECTRUM or whether someone is actually pretty close to us and we're COMPETING for the SAME LANE
there are enough LANES for EVERYONE if we're CREATIVE about this.


Props
/präps/noun1. respect or credit due to a person: informal"Erika gets props for the great work she did on the music"
Val's Take:  I think the criticism of Pomerantz is UNFOUNDED --- BUT I think "PROSECUTIONS" rarely get to "ROOT CAUSES."
I think LEGAL ACTIONS can potentially get to "ROOT CAUSES"  ---
  • if the LAW has the bandwidth to FACILITATE COMPLICATED Problem-Solving---
  • That often looks more like TRADITONAL NOTIONS of EQUITY and taking into account "the Totality of the Circumstances"
    • I think in most cases if we take into account the "Totality of the Circumstances" certainly that we're aware of in the 21st Century ---
      • We're outside PUNISHMENT
    • We're NOT OUTSIDE SAFETY or FAIRPLAY

[The ADA is in many ways on the FORE FRONT of this kind of approach with "REASONABLENESS STANDARDS" and "Inter-Active Processes" ---
  • Human Disability is COMPLICATED and there has been the need for a FAIR AMOUNT OF ADDITIONAL GUIDANCE whether in the form of
    • Administrative Executive Regulations, and/or
    • Agency Guidance]

The Statutory Law narrowly circumscribes the issues to put people on NOTICE--- it can feel UNMANAGEABLE to deal with larger issues until you realize you didn't SOLVE the larger issues.
  • AND THOSE CIRCUMSCRIBED ISSUES KEEP COMING BACK.
  • And you may have made them WORSE.

Whether we are for the PROSECUTION of:
  • "BIGWIGS"
  • Rich people
  • Law Enforcement
  • Poor People
  • or as many people as possible
    • Those "prosecutions" often SHORE UP the RATIONALE for SECRECY and
    • PUSH real PROBLEM-SOLVING further away.

The STATES aren't complying with Olmstead ---
  • BUT one of the REASONS they are NOT COMPLYING is that some of STATES' most EXPENSIVE OBLIGATIONS are OUTSIDE MEDICAID:
    • Medicaid's failure to cover Housing for people needing LONG TERM CARE, and
    • Medicaid's Rule Excluding Payment for IMDs (Institutes for People with Mental Disease).
      • I'm not a big fan of Institutes of Mental Disease but they are generally better than Jails and Prisons

Further, it is clearer in 2023 than it was in 1999 that most of the people who are incarcerated have some type of Cognitive Disability, most notably:
  • Brain Injury,
  • Neuro-Developmental Differences/Disorders going to Executive Functioning,
  • Psychiatric Disorders (that can be additional manifestations of the Neuro-Developmental Differences/Disorders),
  • and Substance Issues that are often related to one or more of the above.

[Additionally. large segments of the population are dealing with some type of Developmental Inflammation that can be made worse by the environment --- and there is unconscious bias in prosecutions --- the Community as a WHOLE has a large interest in addressing these issues as the PUBLIC HEALTH ISSUES they are.]

Additionally, while Assertive Community Treatment (ACT) has been around since the 1970s ---
  • I think it is becoming MORE CLEAR why ACT can be particularly helpful and is often worth the money.
  • It is providing SUPPORT for Executive Functioning Challenges that may not have resolved even if a Psychosis did resolve.

I do think people with Psychiatric Disorders and Neuro-Developmental Differences and Families can help with PRECISION targeting of services that could save the States and the FEDS money.

So on the one hand States have had 20 years since the Olmstead decision to deal with this ---
  • But the truth is States and the Feds didn't really appreciate what they were dealing with --
  • and if the truth be told --- neither did Individuals or Families.

Knowledge can also help get us out of the perceived need for SECRECY. 
Picture

    Transitional Justice is a term used by the United Nations and others to describe measures to REDRESS MASSIVE VIOLATIONS of HUMAN RIGHTS.

    ​​Translational Justice as we're using it refers to a PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE and is meant to echo TRANSLATIONAL MEDICINE.

    ​
    Translational Justice also means listening to those people impacted by our justice policies

    That means going 360
    ° -- that's hard work
    ​



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  • Home
    • About Orchid >
      • Why Orchid?
      • ORCHID'S SYSTEMIC FOCUS & "ROOT CAUSE" ANALYSIS APPROACH TO PROBLEM SOLVING WITH A COMMITMENT TO CREATIVITY & INNOVATION
      • Disclaimers, Limitations and An Invitation
      • Orchid Board
      • Orchid Book Club
      • Conjecture, Science & Translational Research & Medicine
      • Orchid Themes & Symbols
      • The Tipping Point
      • Orchid's Website Advertising Policy
      • Statement for Potential Website Contributors
      • Contact
  • Blogs
    • Val's Blog
    • Val's Blog 2
    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
    • NEURO-DIVERSITY Wednesday
    • Olmstead Law & Order Thursday
    • Translational Medicine Friday
    • Translational Love, Relationships & Neuro-Diversity Saturday
  • Orchid's A-Z Index
    • Crisis Services in CO, the US & Around the World
    • Assertive Community Treatment & Flexible ACT Index
    • Housing & Homelessness Index
    • Criminal Justice
    • Innovation Index
    • For More: See the Main Orchid Index Page
  • US Federal
    • THE IMD RULE & ADMIN. ENFORCEMENT OF DISABILITY CIVIL RIGHTS LAWS
    • Medicaid & Supportive Housing & Housing-Related Services
    • CMS' FAILURE TO COVER HOUSING FOR LTC & THE IMD RULE: WHAT THEY HAVE IN COMMON IS DISCRIMINATION
    • National Take
  • Research & Translational Medicine
    • Immunology & Mental Health >
      • Alcoholism & the Immune System & Mental Health
      • Brain Injury, the Immune System & Mental Health
      • Celiac Disease & Sensitivities, the Immune System & Mental Illness
      • Mental Illness & The Immune System
      • Racial Discrimination & the Immune System & Mental Health
      • Trauma & the Immune System & Mental Health
      • ***Physical Health Issues, the Immune System & Mental Health Index
    • University of Chicago: Institute of Translational Medicine
  • Hot Topics
    • What We Want --- SAMHSA Grant Opportunities Due Jan. 22, 2019
    • Anti-Social Personality Disorder >
      • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
      • Personality Disorders -- Unscientific & Vague -- Must Be Reformed
    • Executive Functioning & "Prison Brain" >
      • Job Accommodation Network on Executive Functioning Deficits
    • Medicaid & Medicare Network Adequacy >
      • OIG: STATE STANDARDS FOR ACCESS TO CARE IN MEDICAID MANAGED CARE (Sept. 2014)
      • OIG: ACCESS TO CARE: PROVIDER AVAILABILITY IN MEDICAID MANAGED CARE (Dec. 2014)
      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
      • CMS: Promoting Access in Medicaid and CHIP Managed Care: A Toolkit for Ensuring Provider Network Adequacy and Service Availability (April 2017)
    • Medicaid Mental Health & Substance Use Disorder Parity >
      • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
      • Frequently Asked Questions: Mental Health and Substance Use Disorder Parity Final Rule for Medicaid and CHIP [CMS October 11, 2017]
    • Olmstead Disability Rights >
      • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (2011)
      • Comprehensive Olmstead Planning
      • the Logical Long Term Consequences of our failure to provide Intensive Community MH Treatment
      • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
  • Take A Walk Around Orchid's Resource Block
  • Colorado Abuse & Neglect Scandals Involving People with Disabilities
  • Mental Health By The Numbers
  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
  • Olmstead & Homelessness
  • Double V
  • " 'Defund the Police" Means 'Invest in the Resources Our Communities Need' " or Don't Cost Shift to the Police
  • VAGUE OLMSTEAD PLANS, EXPENSIVE LITIGATION
  • Updating & Reforming our Understanding & Treatment of "Anti-Social Personality Disorder" Blog
  • Reform of " Anti-Social Personality Disorder" in Criminal Justice
  • CO HB22-1278
  • New Understandings Matter
  • Mental Health, Ethics & Law
  • CO Olmstead Disability Homeless Law & Policy Project
  • Inflammation, the Immune System, Neuro-Developmental Disorders, Psychiatric Disorders, Substance Use Issues & Chronic Disease
  • Microglia and the Brain's Immune System
  • Substance Issues & the Immune System