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    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
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    • 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





















Executive functioning and the "Justice" of work-arounds

11/27/2021

 
CONJECTURE
  • Executive Functioning -- NOT IQ is one of the BIG ISSUES driving --- HOMELESSNESS and INCARCERATION.
  • It does become even more problematic when the EMOTIONAL INTELLIGENCE folks want to say:
    • Your IQ or Talent really aren't very important
    • Pay Us to Teach You to BE LIKE US.
      • ​That can be a lot harder climb than what anybody thought --- because the EXECUTIVE FUNCTIONING DIFFERENCES are often related to DEVELOPMENTAL and EPIGENETIC DIFFERENCES.
      • ​This is the TRUE BRILLIANCE of our CURRENT APPROACH:  we're not going to give you CREDIT for your TRADITIONAL INTELLIGENCE --- but we are going to use it against you.
​ON THE OTHER HAND
  • Our great tragedies of the FALL of the BIG MAN or WOMAN are often the result of INTELLIGENT and/or TALENTED people who didn't realize they had EXECUTIVE FUNCTIONING CHALLENGES --
    • ​Life could turn into one big cover-up.
  • ​Further, if you have been in this hierarchical society -- you probably have been subject to some "SUPERIOR'S" temper tantrums.
EXECUTIVE FUNCTIONING -- The DELICATE Approach
Ironically, Executive Functioning Challenges often do come with HIGH IQ and or TALENT.
  • ​That's because a lot of the individuals do have HYPER-PLASTIC brains.
    • ​So its not that there is no NEURO-PLASTICITY going on --- there is generally much more than the average, BUT
    • The system may NOT  be sufficiently "weakening neighboring synapses" --- so there is a FLOOD of INFORMATION coming in all the time and it can "OVERWHELM" the person. (see the MIT article below right).
  • The first thing is to acknowledge the INTELLIGENCE and Talent that the  Neuro-Diverse Person 
         possesses.
  • I think it is hard for NEURO-DIVERSE people to TRUST if Neuro-Typicals can't do that.
  • Further, the truth is --- those NEURO-DIVERSE STRENGTHS are important KEYS to RECOVERY.
ADDRESSING EXECUTIVE FUNCTIONING

without Making it Worse -- WORKAROUNDS  
Picture
​The SOCIETY is faced with a CONUNDRUM when it comes to addressing EXECUTIVE FUNCTIONING:
  • By and large we're not doing a lot of PREVENTATIVE  IDENTIFICATION and SUPPORT.
  • We tend to have a lot of CRISES
  • That has a lot of social implications -- it has BIOLOGICAL IMPLICATIONS
  • By the time one gets to the "PSYCHIATRIC DISORDER" -- you do have a HYPER-CONNECTED BRAIN.
    • ​​Well, NOW is NOT the TIME to try to CONNECT the wiring in the brain even further.
Picture
Picture
WORK-AROUNDS
  • "Work-Arounds" are the PRACTICAL ALTERNATIVE in many cases 
  • "WORKAROUNDS"  are what Dr. Gail Saltz recommends in her book "The Power of Different."
  • We're not trying to CHANGE the person, we're trying to WORK-AROUND any DEFICITS.
  • AND MAXIMIZE Strengths.
  • That can be healing in and of itself and give the person the BREAK they need to be a valued part of the COMMUNITY.
  • The more that NEURO-DEVELOPMENTAL and PSYCHIATRIC DISORDERS are recognized as:
    • ​Often beginning In Utero and 
    • Having an Epigentic Life of their own
  • The more they won't be seen as issues of "MOTIVATION"
  • Further, the "HYPER-CONNECTED BRAINS" of people with PSYCHIATRIC DISORDERS to me tell a story of UNWITTING ABUSE.
Picture
​MIT scientists discover fundamental rule of brain plasticity

Study reveals how, when a synapse strengthens, its neighbors weaken.  (2018)
​Our brains are famously flexible, or “plastic,” because neurons can do new things by forging new or stronger connections with other neurons.

But if some connections strengthen, neuroscientists have reasoned, neurons must compensate lest they become overwhelmed with input. [Val's Note:  I think some people with "Neuro-Developmental" and "Psychiatric Disorders" are getting overwhelmed with "input"].

In a new study in Science, researchers at the Picower Institute for Learning and Memory at MIT demonstrate for the first time how this balance is struck: when one connection, called a synapse, strengthens, immediately neighboring synapses weaken based on the action of a crucial protein called Arc.

Epistemology, Psychiatric Disorders & the Law

11/16/2021

 
​Temple Grandin and probably a lot of other people are going to ROLL THEIR EYES at such a $5 word as "epistemology" --- and plead -- COULD WE JUST DO SOMETHING PRACTICAL?

I probably would have been in that group most of my life and certainly before I saw the failure of the Mental Health Profession to REFORM ITSELF after the National Institute of Mental Health (and subsequently over 600 Research Institutions) called into question the scientific validity of the DSM 5.

​Ironically, the BARRIER to REFORM has been PERFECTIONISM both on the part of the American Psychiatric Association and the National Institute of Mental Health (NIMH).

I was thrilled when I heard about NIMH's Research Domain Criteria Program (RDoC) that at least initially was designed to replace the DSM.

BUT what is the MISSION of RDoC -- we have this great "MATRIX" and when we KNOW EVERYTHING --- we'll get back to you.


MEANWHILE --- DSM "categories" are alive and well -- certainly in the Criminal Justice System, most specifically in the designation and understanding or lack of understanding of "ANTI-SOCIAL PERSONALITY DISORDER."

Our understanding of "PERSONALITY DISORDERS" has been pretty fuzzy and generally not linked to "biology" -- exactly --people who just couldn't get it together -- maybe that included a bad childhood or environment.  In the case of ANTI-SOCIAL PERSONALITY DISORDER, doing bad things.

Is it any wonder that at least one prominent Historian of Psychiatry questioned whether PERSONALITY DISORDERS were Psychiatric Disorders at all.

At least, some clinicians have pointed out that the historical development of "PERSONALITY DISORDERS" didn't look SCIENTIFIC.

SUBSEQUENTLY, at least some  RESEARCHERS AROUND the WORLD are viewing "ANTI-SOCIAL PERSONALITY DISORDER" as a form of the NEURO-DEVELOPMENTAL DISORDER ADHD.

Further, NEURO-DEVELOPMENTAL DISORDERS and PSYCHIATRIC DISORDERS look BLURRED with most people with a traditional NEURO-DEVELOPMENTAL DISORDER having at least 1 co-morbid "PSYCHIATRIC DISORDER."
Picture
Daubert Standard

Definition

This is the standard used by a trial judge to assess whether an expert witness’s scientific testimony is based on scientifically valid reasoning that which can properly be applied to the facts at issue.

Overview.  This standard comes from the Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993).

Under the Daubert standard, the factors that may be considered in determining whether the methodology is valid are: (1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4)the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community.

The Daubert standard is the test currently used in the federal courts and some state courts.  In the federal court system, it replaced the Frye standard, which is still used in some states.  

Source:  Cornell Law School Legal Information Institute ​
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​"Legal epistemology examines when and why evidence has a probative value; that is, it investigates how evidence makes a litigated claim more likely. It illuminates what reasons—moral, political, economic, practical, epistemic—justify excluding probative evidence."  Feb 27, 2019

Legal Epistemology - Philosophy - Oxford Bibliographies
Picture
​The RATIONAL PROBLEMS in Criminal Justice with respect to "ANTI-SOCIAL PERSONALITY DISORDER" are beyond DISTURBING.

And yet we don't have PERFECT KNOWLEDGE and we're unlikely to have PERFECT KNOWLEDGE in our lifetimes or the lifetimes of those victims and defendants relying on the LEGAL SYSTEM for JUSTICE.
We do have MORE KNOWLEDGE.

If we wait for the LEGAL SYSTEM to solve this by themselves --- it is going to be akin to waiting for RDoC.

We need something more practical in terms of ramping up a PUBLIC HEALTH APPROACH TO CRIMINAL JUSTICE that could be greatly facilitated through Olmstead Planning.  
​
I'm not against RDoC (I'm for it) and I'm not against the Legal System (I'm for it) --- but we need to address the problem of CRIMINALIZING NEURO-DEVELOPMENTAL DISORDERS --- NOW ---while ensuring and improving SAFETY --- NOW.

The JUSTICE EQUATION in MENTAL HEALTH

11/9/2021

 
(in the US we should have Parity, Olmstead & Medicaid Network Adequacy -
BUT those LAWS are not effectively enforced at a practical Federal Administrative Level)

On top of that, we have a Mental Health Profession using an OUTDATED diagnostic manual.
 There's a lot driving the Mental Health Crisis in:
  • ​Colorado
  • Nationally, and
  • Globally
​
Further, there are local and regional drivers --- everything from:
  • ​War to
  • Complications associated with High Altitude
​ ​ ​

Seemingly two of the BIG DRIVERS involving the IMMUNE SYSTEM are:
  • ​The Old Friends Hypothesis, and
  • DEVELOPMENTAL INFLAMMATION
    • ​To make matters more complicated, DEVELOPMENTAL INFLAMMATION (low grade inflammation is associated with "intelligence")
      • ​General intelligence is associated with subclinical inflammation in Nepalese children 
SIGNIFICANT DEVELOPMENTAL INFLAMMATION is associated with NEURO-DIVERSITY
  • Maternal acute and chronic inflammation in pregnancy is associated with common neurodevelopmental disorders: a systematic review (ADHD, Autism & Tourette Syndrome) ​
​SOME SPECIAL ABILITIES
  • 6 Strengths & Benefits of ADHD (Medical News Today)
  • Five Research-Based Strengths Associated with Autism (Stages Learning)
  • ​Strengths of Tourette Syndrome (Univ. of Florida)​
PSYCHIATRIC DISORDERS
  • ​ADHD Comorbidities & Related Conditions (ADDitude online)
    • "​Roughly 80 percent of those with ADHD are diagnosed with at least one other psychiatric disorder sometime during their life."
  • Autism’s Clinical Companions: Frequent Comorbidities with ASD (Children's Hospital of Philadelphia)
    • ​"As many as 85% of children with autism also have some form of comorbid psychiatric diagnosis, and 35% are taking at least 1 psychotropic medication as treatment."
  • Tourette syndrome and other neurodevelopmental disorders: a comprehensive review  (Child & Adolescent Psychiatry & Mental Health)
    • "The available evidence suggests the following: (1) neurodevelopmental comorbidities in TS are the rule, rather than the exception; (2) attention deficit/hyperactivity disorder (ADHD) is the most frequent; (3) there is a continuum from a simple (TS + ADHD or/and learning disorder) to a more complex phenotype (TS + autism spectrum disorder)." ​
So generally as a population we've liked the special abilities and NOT the psychiatric disorders.
  • ​​​But we've been selecting for those "SPECIAL ABILITIES" and there are now more and more people with BOTH those "SPECIAL ABILITIES" and "PSYCHIATRIC DISORDERS."
    • ​Those "SPECIAL ABILITIES" can be academic, athletic or creative.
    • The "PSYCHIATRIC DISORDERS" are generally not distinct as presented in the DSM 5 -- but tend to be "BLURRED" -- which makes sense if a common mechanism is often MATERNAL IMMUNE ACTIVATION.
    • Both the "SPECIAL ABILITIES" and "PSYCHIATRIC DISORDERS" appear to be related in part to differences in Sensory and Information Processing.
Picture
​MENTAL HEALTH BY THE NUMBERS
​​The scope of the burden of "psychiatric disorders" in Colorado, the US and the World is HUGE.
  • So when the State of Colorado is proposing 62 new beds and Mental Health Colorado says we need over 2,800 new beds --- we see the problem.
  • Further, we need thousands more SUPPORTIVE HOUSING SLOTS ---- it cost the State of Colorado over $1.5 million dollars for 25 new Supportive Housing apartments.
  • In the LONG TERM -- we've got to have better UNDERSTANDINGS and TREATMENTS and it appears that's coming and may be here for the NEXT GENERATION.
  • In the meantime, we've got to get better at working with what we've got:
    • ​Often people with SIGNIFICANT EXECUTIVE FUNCTIONING CHALLENGES, and
    • ABILITIES in select areas that are often higher than the NORM.
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