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Average or Above Average IQ-----Sensory & Emotional Regulation, Developmental Differences/Disabilities & Olmstead

9/22/2022

Conjecture

High-IQ Patients with Autism or ADHD Face Elevated Risk
https://www.additudemag.com › high-iq-autism-adhd-p...

Apr 6, 2022 — "Individuals with an above-average IQ and high-functioning autism, especially those with co-morbid ADHD, are less likely to be diagnosed and more ..."

If all the justice-involved people had IQs below 70 that on some level would make providing what is needed easier.

The problem is that is not true in the majority of cases.

What is true is that often people of average intelligence to very bright people with Sensory and Emotional Regulation Issues are involved in Criminal Justice.

SUBSTANCE ISSUES are often involved in one way or another in crime -- I would say in an effort to manage SENSORY and EMOTIONAL REGULATION ISSUES.

Further, if most inmates have an IQ above 70 --- they also often don't have a PSYCHOTIC DISORDER --- some do.

So I would say the BULK of people involved in Criminal Justice have

Some type of Neuro-Developmental Difference/Disorder or some BLURRED ASPECTS such as:
- ADHD
- Autism
- Dyslexia
- Giftedness
- OCD
Have IQs above 70
Generally have some type of "Mental Health Issue"
- BUT not necessarily a PSYCHOTIC DISORDER
- ARE probably MORE VULNERABLE to PSYCHOTIC DISORDERS.

When we think about that Olmstead Plan and/or Settlement Agreement and needs for SUPPORTIVE EMPLOYMENT --- this gets complicated quickly.

There must be INDIVIDUAL TAILORING, BUT we also need to have some general principles of NEURO-DIVERSITY so we don't end up with:

BURNOUT
RECIDIVISM, or
A BREAKDOWN

That does involve understanding needs for DIFFERENT WORK SCHEDULES, but also less obvious things as:

Managing TRANSITION TIME
Ensuring you are NOT only compensating for weaknesses, but also BUILDING ON STRENGTHS
- Those STRENGTHS are often HIGHER than we think.
GETTING CREATIVE ABOUT ENTREPRENEURSHIP
- A lot of people in the Criminal Justice System are ENTREPRENEURIAL ---
  - Some of them have gotten CREATIVE -- not necessarily the way the SOCIETY wants.
- We could get INNOVATIVE about providing people BETTER PATHS through more CONSCIOUS DESIGN of ENTREPRENEURSHIP and WORK.
  - BTW: 72% of Entrepreneurs have a Mental Health Diagnosis

I think the Society is concerned about FREE-LOADERS and LAZY PEOPLE.

I really don't think that PERCEPTION should be a problem ---
IF
we're addressing BOTH the UNEXPECTED STRENGTHS & CHALLENGES.

DOJ recognizes that contact with law enforcement is a Consequence of failure to provide adequate services

9/21/2022

Justice Department Finds Maine in Violation of ADA For Over-Institutionalization of Children with Disabilities (June 2022)

See link to DOJ press release above.

DOJ recognizes that one of the consequences of failure to provide adequate services is "contact with law enforcement."

DOJ Findings Letter.

Many Homeless People are Going to Come Under Olmstead --- That's a State Responsibility

9/21/2022

The Olmstead Decision is TARGETED to People with Disabilities who are INSTITUTIONALIZED or AT GREAT RISK of INSTITUTIONALIZATION such as BEING HOMELESS.

There's a lot of COGNITIVE DIFFERENCE/ DISABILITY out there.
It's HOUSING, INTENSIVE SERVICES and SUPPORTED EMPLOYMENT/ ENTREPRENEURSHIP.
There are a lot of reasons why people with COGNITIVE DIFFERENCE/DISABILITY are STRUGGLING in this SOCIETY ---
- and it's not always what people "THINK"
- AND they have Neuro-Developmental Difference such as ADHD, Autism, Dyslexia, etc.
- They are more vulnerable to PSYCHIATRIC DISORDERS and SUBSTANCE ISSUES.
- They are struggling with SENSORY PROCESSING OVERLOAD as well as greater levels of FATIGUE.
- Their SENSORY PROCESSING OVERLOAD and often SLOW PROCESSING -- means they are often treated like IDIOTS but they may be quite SMART even though they don't have the ENERGY to fit into a NEURO-TYPICAL SOCIETY ---
  - without BURNOUT, or
  - BREAKDOWN ost of these people have IQs over 70 --

Importantly, the FATIGUE of NEURO-DEVELOPMENTAL DIFFERENCES/DISORDERS can look DIFFERENT than what we're expecting.Singer/Songwriter Florence Welch of Florence + The Machine has dyslexia and has out a music video entitled "FREE" --- which beautifully captures the seeming contradictions and fatigue of NEURO-DEVELOPMENTAL DIFFERENCE.

Channel 9 News
Aurora Mayor Mike Coffman Warns Douglas County Not to Transport Homeless People to Aurora

Additionally, there are a fair number of homeless people with BRAIN INJURY.

This really is Title II of the Americans with Disabilities ACT and the INTEGRATION MANDATE.

When it comes to HOMELESSNESS -- it's UPPING OUR GAME at DESIGNING "WORK FLOW" for people with NEURO-DEVELOPMENTAL DIFFERENCES/DISABILITIES and BRAIN INJURY -- BOTH more vulnerable to PSYCHIATRIC DISORDERS and SUBSTANCE ISSUES.

THIS is EVERYONE'S RESPONSIBILITY --- and the LEGAL RESPONSIBILITY is on the STATE under OLMSTEAD.

Go With the Flow

2022 DOJ Findings Letter to Colorado re: people with Physical Disabilities in Nursing Homes AND Our Take on Cognitive Disabilities

5/21/2022

Most Coloradans with mental Illness or brain injury and/or average or above average IQ Developmental Difference/Disability are INSTITUTIONALIZED in CO Jails and Prisons.
- Actually, the BULK of that population.
- See:
Additionally, younger people with mental illness are often INSTITUTIONALIZED in NURSING HOMES ---
- If they can get in ---
  - See Fixing HCPF's Fair Housing Problem.
  - IRREPARABLE HARM
- If Coloradans with Cognitive Disabilities can't get into the Nursing Home or the Assisted Living --- they may be HOMELESS and/or in the Homeless Incarceration Cycle.

DOJ Findings Letter to Colorado --

On March 3, 2022, the United States sent its findings to the State, notifying it that Colorado is violating the ADA’s integration mandate in its provision of Long-Term Services and Supports to adults with physical disabilities.

Following an investigation, the Department found that the State of Colorado has failed to meet its obligations under the ADA by unnecessarily segregating adults with physical disabilities in nursing facilities, and failing to ensure that individuals have a meaningful opportunity to live in community-based settings appropriate to their needs. (3/3/22)

State DUTY to MODIFY PROGRAMS to bring HOUSING & Services to Scale for people with Disabilities who are institutionalized or at risk of institutionalization

5/16/2022

Now in 2022, the CITY of Denver is trying to bring Supportive Housing & Wrap Around Services to SCALE ---- BUT where has the STATE been for the last 50 YEARS?

Well --- making INCREMENTAL IMPROVEMENTS and INCREASES of HOUSING & ACT --- and serving a lot of people who are EASIER to SERVE --- and DUMPING the REST on the STREETS of MUNICIPALITIES and COUNTY JAILS.

The LACK of COMPETITION in Colorado's Mental Health Center System --- has created a SOVIET-STYLE SYSTEM that is CORRUPT and has had INCENTIVES to SHORT SHRIFT the NEEDS of PATIENTS and LOWER LEVEL WORKERS.

Further, when I've "reached out" to the Colorado Behavioral Healthcare Council that represents the Mental Health Centers ---they're NOT INVESTED ENOUGH:

To raise this with the STATE and ask for more resources to seek NON-EMERGENCY CIVIL COMMITMENT OR
SEEK the RESOURCES to SERVE those HIGH NEEDS PEOPLE
- Reducing that LEVEL of TREATMENT FAILURE that is NECESSITATING the CIVIL COMMITMENT.

they haven't seen it as their RESPONSIBLITY to implement CIVIL COMMITMENT Procedures or contact the County Attorney --- if it falls outside a 72-Hour EMERGENCY HOLD, they're NOT DOING IT.
It's NOT JUST --- that they need MORE RESOURCES to do it ---

The State Can Provide Housing and Services in Integrated Settings by Reasonably Modifying its programs for people with disabilities who are institutionalized or at great risk of institutionalization AND could live successfully in the community with :

Scattered Site Housing, and
Wraparound Services such as Assertive Community Treatment for people with psychiatric disabilities

MissiSSIPPI Olmstead COMPLAINT -- PRAYER FOR Relief

5/16/2022

We're going to be working on what is it that we would be asking the COURT to DECLARE for purposes of a DECLARATORY JUDGMENT.

We're going to be starting with our "CONCLUSION" which we're taking from the Prayers for Relief from actual Federal Olmstead Complaints filed by the United States Department of Justice seeking Declaratory Judgment among other things.

MISSISSIPPI
(see Examples of Olmstead Complaints with a Request for Declaratory Judgment)

"Issue a declaratory judgment that Defendant has violated Title II of the ADA by failing to make reasonable modifications to services, programs, or activities for adults with mental illness to enable them to obtain the services, programs, and activities they require to reside in the most integrated setting appropriate to their needs"

COLORADO

We're TAILORINGLY this to address COLORADANS with physical and/or cognitive disabilities who are:

INSTITUTIONALIZED or
AT RISK of INSTITUTIONALIZATION

Due to the STATE'S failure to make reasonable modifications to services, programs or activities, specifically failing to:

bring SUPPORTIVE HOUSING to SCALE to meet the need; or
have a COMPREHENSIVE, EFFECTIVELY WORKING PLAN to do so with ---
- MEAURABLE GOALS
- REASONABLE TIME FRAMES, and
- Sufficient Funding to address the UNMET NEED or SHORTAGES as the result of INADEQUATE FEDERAL, STATE or LOCAL FUNDING.

We're couching this in terms of "SUPPORTIVE HOUSING" which includes both the Housing & the Supports.

AN ASIDE: We are strong believers in HOUSING FIRST and the moral urgency of it ---- BUT ---Especially when it comes to NEURO-DEVELOPMENTAL DISORDERS and PSYCHIATRIC DISORDERS --- a lot of the need is a result of needing to address EXECUTIVE FUNCTIONING issues in MULTIPLE SPHERES OF LIFE in an ENVIRONMENT which individuals themselves and the community may be largely ignorant of the different needs of NEURO-DIVERSE PEOPLE.Further, that UNCONSCIOUS HOSTILE ENVIRONMENT is putting UNHEALTHY PRESSURE and UNWITTING DISCRIMINATION on people who are quite vulnerable to PSYCHIATRIC DISORDERS.And make REASONABLE ACCOMMODATIONS for those Executive Functioning issues ---

but as the NEURODIVERGENT REBEL pointed out --- it's people (and service providers, friends and family working together ) to better DEFINE what they NEED in terms of specifics to address ACCOMMODATIONS / WORK AROUNDS for Executive Functioning Differences / Deficits.
Right now the "BOUNDARIES" of NEURO-DIVERSE PEOPLE are running head long into the "BOUNDARIES" of NEURO-TYPICAL PEOPLE (and for that matter other NEURO-DIVERSE PEOPLE) and we need to "CONSCIOUSLY" address that.

The answer is NOT to put people who are NEURO-DIVERSE in a BUBBLE ---
It's to develop those STRENGTHS which tend be SUBJECT MATTER or ARTISTIC STRENGTHS that serve as OUTLET for an enormous SENSORY PROCESSING LOAD.

Further, that IGNORANCE is leading to a quite UNCONSCIOUS HOSTILE ENVIRONMENT for people with Neuro-Developmental Disorders across a BLURRED SPECTRUM of AUTISM and ADHD.

For many people with disabilities --- it is not clear that HOUSING ALONE would prevent unnecessary institutionalization or the great risk of institutionalization inherent in homelessness.
Further, the University of California at San Francisco Study found that HOUSING paired with VOLUNTARY SUPPORTS for even people experiencing some of the most significant impairment was successful.

Declaratory Judgments & REALPOLITIK

3/24/2022

What does declaratory relief mean in law?

Declaratory relief refers to a court's judgment stating the rights of parties without ordering any specific action or listing awards for damages.

When a party is requesting a declaratory judgment, the party is seeking an official declaration regarding the status of the controversy in issue.

Declaratory Relief | Wex | US Law | LII / Legal Information Institute 

The basic idea in applying Declaratory Judgment Law to State Obligations Under Olmstead ----

There are people with Disabilities Institutionalized and at Great Risk of Institutionalization
If there are SHORTAGES of HOUSING & INTENSIVE SERVICES --- that if AVAILABLE COULD PREVENT the INSTITUTIONALIZATION & GREAT RISK of INSTITUTIONALIZATION of Some People with Disabilities, AND
There is NO COMPREHENSIVE & EFFECTIVELY WORKING OLMSTEAD PLAN to bring HOUSING & INTENSIVE SERVICES to SCALE

THEN

The State does not have a FUNDAMENTAL ALTERATION DEFENSE, and
The State is in Violation of Title II of the Americans with Disabilities Act because ---
- The FAILURE TO PROVIDE HOUSING & SERVICES to SCALE is leading to the UNNECESSARY INSTITUTIONALIZATION & GREAT RISK of INSTITUTIONALIZATION of Some People with Disabilities.

FEDERAL ENFORCEMENT

Reminds me a lot of the US' approach to the WAR in UKRAINE
- We want to help . . . BUT
- We don't want to put ourselves in an AWKWARD POSITION
We're NOT talkin' about WWIII -- BUT we are talkin' about a lot of CONFLICT between the FEDS and the STATES with HYPOCRISY on BOTH SIDES
You would think that Federal Administrative Enforcement of OLMSTEAD is a NO FLY ZONE OVER UKRAINE
- It's Not.
Why are Colorado and other States DRAGGING OUT COMPLIANCE with OLMSTEAD ---
- Because they can get away with it.

Further, you can't really say the STATES aren't doing anything.

BUT STATES are not SUBSTANTIALLY COMPLYING with Olmstead and SIGNIFICANT SUFFERING of Coloradans and other Americans with Disabilities could be GREATLY REDUCED if they would comply --- FORTHWITH (Immediately without Delay).

Housing FIRST v. supportive housing --- and the importance of voluntary supports

2/18/2022

We are strong believers in HOUSING FIRST and the moral urgency of it ---- BUT ---

For many people with disabilities --- it is not clear that HOUSING ALONE would prevent unnecessary institutionalization or the great risk of institutionalization inherent in homelessness.
Additionally, while HOUSING FIRST is sometimes DEFINED by SERVICE PROVIDERS as HOUSING + SUPPORTS ---
- That tends NOT to be the COMMON UNDERSTANDING.
- When most people hear HOUSING FIRST --- they think JUST HOUSING.
So I think a request for SUPPORTIVE HOUSING will be CLEARER to Policymakers and the Community what we're asking for.
- And ultimately a COURT if necessary.

Further, the importance of primarily VOLUNTARY SUPPORTS, except under EXTREME CASES can't be overstated.

Most PEOPLE with NEURO-DEVELOPMENTAL and/or PSYCHIATRIC Differences or Disorders WANT HELP.

It's NOT JUST that the PEOPLE with NEURO-DEVELOPMENTAL and / or PSYCHIATRIC Differences or Disorders --- DON"T WANT the HELP that is being offered.

The HELP that is being offered is sometimes NOT VERY HELPFUL.
AND it is probably NOT WORTH what we're paying for it .
- That's NOT always true, but it's more true than we realize.

A BIG PART of that is the relationship between NEURO-DEVELOPMENTAL DISORDERS and PSYCHIATRIC DISORDERS.

Those RIGID CATEGORIES in the DSM 5 are not withstanding the weight of current research ---- and it is becoming more and more obvious that these CATEGORIES are BLURRED and we're MISSING people.

If the NEEDS related to that often UNDERLYING NEURO-DEVELOPMENTAL DIFFERENCE or DISORDER --- which often involve SENSORY PROCESSING and EXECUTIVE FUNCTIONING ISSUES ---

are not better understood or addressed --- we may be spinning our wheels or even making things worse.

Invisible People
Tour Shelter + Permanent Supportive Housing in Denver

Further, the University of San Francisco Study found that HOUSING paired with VOLUNTARY SUPPORTS for even people experiencing some of the most significant impairment was successful.
Especially when it comes to NEURO-DEVELOPMENTAL DISORDERS and PSYCHIATRIC DISORDERS --- a lot of the need is a result of needing to address EXECUTIVE FUNCTIONING issues in MULTIPLE SPHERES OF LIFE in an ENVIRONMENT which individuals themselves and the community may be largely ignorant of the different needs of NEURO-DIVERSE PEOPLE.
- Further, that IGNORANCE is leading to a quite UNCONSCIOUS HOSTILE ENVIRONMENT for people with Neuro-Developmental Disorders across a BLURRED SPECTRUM of AUTISM and ADHD.

Further, that UNCONSCIOUS HOSTILE ENVIRONMENT is putting UNHEALTHY PRESSURE and UNWITTING DISCRIMINATION on people who are quite vulnerable to PSYCHIATRIC DISORDERS.

The answer is NOT to put people who are NEURO-DIVERSE in a BUBBLE ---
It's to develop those STRENGTHS which tend be SUBJECT MATTER or ARTISTIC STRENGTHS that serve as OUTLET for an enormous SENSORY PROCESSING LOAD.
And make REASONABLE ACCOMMODATIONS for those Executive Functioning issues ---
- but as the NEURODIVERGENT REBEL pointed out --- it's people (and service providers, friends and family working together ) to better DEFINE what they NEED in terms of specifics to address ACCOMMODATIONS / WORK AROUNDS for Executive Functioning Differences / Deficits.
- Right now the "BOUNDARIES" of NEURO-DIVERSE PEOPLE are running head long into the "BOUNDARIES" of NEURO-TYPICAL PEOPLE (and for that matter other NEURO-DIVERSE PEOPLE) and we need to "CONSCIOUSLY" address that.

How Much will it cost States to bring DISABILITY HOUSING to SCALE? It depends

2/18/2022

When we think about the State's Obligation to Provide Supportive Housing / Disability Housing:

it is somewhat a PAYOR of LAST RESORT
- if the FEDS are covering it, or
- the Counties and Municipalities are covering it
- if Charitable Organizations are covering it
- THAT NON-STATE FUNDED DISABILITY HOUSING can be and should be included in the STATE'S OVERALL OLMSTEAD PLAN for people with disabilities.

If there is a SHORTAGE --- and there CURRENTLY is a SHORTAGE in COLORADO and STATES ACROSS THE COUNTRY --- then:

STATES are legally responsible for making up that SHORTAGE --- but there are a lot of ways they could do that --- so long as it got done.
- they might convince the FEDS to allocate more in the way of HOUSING VOUCHERS
- they might provide more support to Municipalities and Counties to address DISABILITY HOUSING
- they might provide more support to CHARITABLE ORGANIZATIONS that address DISABILITY HOUSING
- FUND more DISABILITY HOUSING OUTRIGHT.

BUT at the end of the day, the STATE is responsible for making up that SHORTAGE and they need a comprehensive and effectively working plan with MEAURABLE GOALS and REASONABLE TIME FRAMES to meet their legal obligations.

How much FUNDING the STATE needs to SUPPORT THE PLAN to bring DISABILITY HOUSING to SCALE depends mainly on how much FEDERAL & LOCAL efforts reduce the need.

In the case of DISABILITY HOUSING --- the LEGAL RESPONSIBLITY is on the STATES.

It is not such a bad thing that so many governmental and private organizations have a STAKE in DISABILITY HOUSING --- the MORAL RESPONSIBILITY is SHARED:

BUT the LEGAL RESPONSIBLITY is on the States for Disability Housing
- Everyone needs to help them fulfill that responsibility, and
- This is complicated because States through primarily the MEDICAID program are coordinating SERVICE PROVISION for the people who need or may at some time need SUPPORTIVE or DISABILITY HOUSING.

Olmstead & That "STATE PLAN"

2/18/2022

Why does the Olmstead Decision talk about the "STATE PLAN" (for people with disabilities)?

We often think of "Olmstead" as the Brown v. Board of Education for people with disabilities ---
BUT a lot of the US Supreme Court's Olmstead decision was a give to the States:
- The State of Georgia and subsequent States have said that ----
  - we can't make these changes overnight
  - these changes have MULTIPLE RAMIFICATIONS to our overall STATE PLAN for people with disabilities including institutions, housing, services, etc.
- The "Olmstead Plan" is really a STATE DEFENSE to a LAWSUIT under Title II of the ADA --- so if there is no lawsuit --- right now there's no independent requirement for an Olmstead Plan.
  - Others might view it differently -- BUT that's my take.
  - And it also goes a long way to explaining why ENFORCEMENT has been "CHALLENGING."

If States don't have an OLMSTEAD PLAN then the State cannot succeed on a "FUNDAMENTAL ALTERATION DEFENSE" if Housing & Services are not adequate to avoid the unnecessary institutionalization or risk of institutionalization for people with disabilities.

This has proven PROBLEMATIC for people with disabilities.
There is a NEED to provide PRACTICAL AVENUES for ENFORCEMENT:
- FEDERAL ADMINISTRATIVE ENFORCEMENT would be the most practical --- BUT
- Agencies are afraid of EXCEEDING THEIR LIMITS.

People with Disabilities generally need Protection & Advocacy Offices and Large Pro Bono Efforts to get these TITLE II matters into COURT.

It has tended to be a CLASS ACTION requesting DECLARATORY, INJUNCTIVE & PERMANENT RELIEF.

What we're trying to do by just seeking DECLARATORY JUDGMENT initially is to:

Make it easier for people with Disabilities to communicate a CREDIBLE LEGAL THREAT to STATES.
- Get States to either voluntarily comply or
- Get this into Court on a streamlined less expensive basis.
- NUDGE that "voluntary compliance," and
- if we can't get voluntary or semi voluntary compliance --- take the DECLARATORY JUDGMENT (IF WE CAN GET IT) to DOJ or appropriately resourced entities to seek INJUNCTIVE & PERMANENT RELIEF.
- After all is said and done we would prefer that INCLUSIVE STAKEHOLDER GROUP to a COURT MONITOR ---

We hope it doesn't take a COURT MONITOR to get us MEASURABLE GOALS and REASONABLE TIME FRAMES on SUPPORTIVE HOUSING, but if it does --- we need a more PRACTICAL PATH to get there.

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Forward>>

Average or Above Average IQ-----Sensory & Emotional Regulation, Developmental Differences/Disabilities & Olmstead

DOJ recognizes that contact with law enforcement is a Consequence of failure to provide adequate services

Many Homeless People are Going to Come Under Olmstead --- That's a State Responsibility

2022 DOJ Findings Letter to Colorado re: people with Physical Disabilities in Nursing Homes AND Our Take on Cognitive Disabilities

State DUTY to MODIFY PROGRAMS to bring HOUSING & Services to Scale for people with Disabilities who are institutionalized or at risk of institutionalization

MissiSSIPPI Olmstead COMPLAINT -- PRAYER FOR Relief

Declaratory Judgments & REALPOLITIK

Housing FIRST v. supportive housing --- and the importance of voluntary supports

How Much will it cost States to bring DISABILITY HOUSING to SCALE? It depends

Olmstead & That "STATE PLAN"

Olmstead Law & Order Thursday

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