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Homelessness, Criminal Justice, IDIOSYNCRATIC BRAINS, Olmstead and the Prodigal Son

12/21/2023

One of the things that is happening with the recognition of:

the prevalence of Neuro-Diversity in Homelessness and Criminal Justice, and
the IDIOSYNCRATIC nature of Neuro-Diversity in which brains differ from the NORM but in IDIOSYNCRATIC WAYS
we're called on to invest in highly person-centered INDIVIDUAL supports
- that requires us to really understand the person and his or her strengths and challenges
  - that is a form of love and an investment of time, energy and resources --- that amounts to love
  - that we may not really be feeling as a society.

The only problem is --- lesser strategies often fail.

Abba Eban was a South African-born Israeli diplomat and politician, and a scholar of the Arabic and Hebrew languages. --- Wikipedia

State officials in Colorado and around the Country may finally come to Olmstead Compliance after much passive resistance.

It could be in their own best interest to collect the data to make the case for more Federal assistance, especially around Supportive Housing and integrating neuro-diverse folks into the work force.

Which son is the true Prodigal Son in Luke 15:11-32?

Two-Minute Museum
Rembrandt's The Return of the Prodigal Son

Aurora Mayor Mike Coffman who is now calling for a "Work First" solution to Homelessness is more sophisticated than he lets on.

He knows that "Housing First" is NOT SUFFICIENT and he has said as much --- recognizing that mental health and substance treatment were big parts of the equation --- but municipal officials don't have the resources for that.

Further, I don't see how we effectively address Homelessness or Criminal Justice unless we do a better job of INTEGRATING Neuro-Diverse folks into the work-force.

Employment of people with disabilities or perceived to have disabilities is an Olmstead Issue.

A Strict Constructionist Supreme Court and Olmstead

12/10/2023

Val's Take

In the US Supreme Court's decision denying VETERAN'S DISABILITY BENEFITS due to late filing even under extremely compelling facts involving schizophrenia, bipolar disorder and tardive dyskinesia ---

The Supreme Court may be signaling that they are not going to play favorites --- or they at least want to be perceived that way;
"Dobbs" (the Supreme Court's 2022 decision overturning Roe v. Wade) was not an anomaly --
and strict constructionist views (both Constitutional and Statutory) are going beyond "THE RIGHT TO PRIVACY."

I could be WRONG --- but I don't see the current Supreme Court overturning Olmstead. YET.

BUT the little dance that advocates and states are required to do under OLMSTEAD is PROBLEMATIC.
Further, it is NOT CLEAR what the current Court would do with current US Department of Justice Guidance on OLMSTEAD.

I think most everyone likes OLMSTEAD IN PRINCIPLE --- just ask STATE OFFICIALS ---

BUT I think People with Disabilities Need MORE ACCESSIBLE ACCOUNTABILITY and
STATES need MORE MONEY and TECHNICAL SUPPORT from the FEDS even as we're maintaining FLEXIBILITY.

Back in 1999 when Olmstead was decided --- I don't think people were necessarily ready to get rid of the Medicaid Rule Prohibiting Medicaid Funding of "Institutes of Mental Disease."

BUT they also often hadn't been ready to acknowledge the numbers of people with brain injury, neuro-developmental disorders and psychiatric disorders in Jails and Prisons.
- That has changed a lot, especially in the last 10 years.

Further, PERMANENT SCATTERED SITE SUPPORTIVE HOUSING is widely recognized as a VIABLE HOUSING & SERVICE MODEL for many people in a way that it wasn't 20 years ago even if some professionals knew about it.

SCOTUS’ First Decision of the Term Is a Unanimous Blow to Disabled Veterans (2023)

Why did the liberals co-sign Justice Amy Coney Barrett’s harsh opinion?

The Supreme Court's opinion in Arellano v. McDonough

What are some POTENTIAL OUTCOMES of INDIVIDUAL OLMSTEAD COMPLAINTS in the NEAR TERM?

Making A Record
Public Education
CREATIVE PROBLEM SOLVING

I think if the FEDS were to get rid of the IMD Rule -- they need to STATUTORILY require States to develop Comprehensive Plans of Care, Placement and Housing for People with Disabilities who are Institutionalized or at Risk of Unnecessary Institutionalization with:

Measurable Goals
Reasonable Time Frames
and Funding to Support the Plan

Homelessness, Criminal Justice, IDIOSYNCRATIC BRAINS, Olmstead and the Prodigal Son

A Strict Constructionist Supreme Court and Olmstead

Olmstead Law & Order Thursday

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