Blog Archives

Veterans, the rest of us & Cognitive disability

5/28/2019

There are MANY FORMS of Cognitive Disability contributing to the Cognitive Disability Crisis in the World today--- right up there is BRAIN INJURY.

When this [that there are multiple sources of cognitive disability] we rightly know -- through the world we SAFELY go.

Further, some veterans may be experiencing multiple forms of cognitive disability.

Further, while our Healthcare & Legal Systems may consider health concerns such as:

Brain Injury
Mental Illness
Substance Issues &
Developmental Disability -- including High IQ ADHD & Autism

---As relatively distinct issues [that is starting to change @ least in Healthcare] --- THE REALITY FOR THE PERSON is that the issues can be and often are very inter-related -- in unique & individual ways.

The issues many people in the military are confronting do stem from many things -- including our own societal failures -- they also stem from BRAIN INJURY -- and it is forcing a re-examination of the old calculations regarding military engagement --

maybe forcing just as much if not more re-thinking & re-calculation than did the dawning of the Nuclear Era.

CO Springs Veterans Trauma Court

Christopher Lowry, Associate Professor in the Department of Integrative Physiology @ CU

Gut Bacteria, PTSD & Cutting Edge Research @ CU

DU's Dr. Kim Gorgens: The Surprising Connection between Brain Injury & Crime

Sebastian Junger: In the end, could it actually be "the opposite of war" that soldiers miss?

THE CRYING NEED FOR ADMINI-STRATIVE ENFORCE-MENT OF DISABILITY CIVIL RIGHTS LAWS

5/28/2019

THE CRATERING OF DISABILITY RIGHTS LAW UNDER SYMPTOMATIC RATHER THAN SYSTEMIC RELIEF

One of the HUGE FLIES in American Justice Ointment is that the Judiciary was largely envisioned to protect MINORITIES yet it relies heavily on INDIVIDUAL PLAINTIFFS to address even well-known & well-documented SYSTEMIC PROBLEMS.

That is a pretty needless ADDED COST for a Justice System that is already out of reach for most citizens. Further, there are the hazards of the "EVIL SOCIETY GAMES" -- trying to SCAPEGOAT individuals for LONG RUNNING SYSTEMIC PROBLEMS.

In a LOT of CASES, this points to the need for:

Federal Executive Agency Administrative Enforcement
State Executive Agency Administrative Enforcement
Software to collect relevant data, &
DATA AS A CIVIL RIGHTS ISSUE

The Enforcement for some Federal Disability Civil Rights Laws has been so poor that some states including Colorado [see CO's 2019 Parity Legislation] have been engaged in essentially re-passing Federal laws @ the State Level -- hoping for better enforcement.
- We've proposed that ourselves with regard to using State Legislation to address Olmstead non-compliance.
- Further, quite frankly if Colorado was complying with Federal Law & some already existing State Laws--- it wouldn't need most of the State Mental Health Legislation it passed this year -- BUT Colorado isn't complying with Federal Law [& its own State Laws] & neither are most States.

You know you've got a problem in TRADITIONAL LEGAL ENFORCEMENT if the US Department of Justice doesn't have the resources to adequately & uniformly enforce Federal Disability Civil Rights Laws.

The Feds & States must have the ability to provide:

Sophisticated, Data-Based Administrative Enforcement of
Disability Civil Rights Statutes, Regulations & Guidance meant to address large scale systemic problems in the Disability Community

Relative power, Inclusion, advertising & pLURALISTIC sOCIETIES

5/23/2019

I grew up in a very non-traditional religious family in a very religiously conservative state -- Oklahoma.
It was NOT unusual to be asked on the playground if I had been "saved" -- and I wasn't offended by it and my family wasn't offended by it.
My mother was an atheist -- my father had an extremely BROAD Christian spirituality and saw the benefits of religion in peoples lives -- even if he didn't agree with all of the tenets of those religions.
Both my parents were very secure in their own beliefs and very respectful of other people's beliefs.
One of the problems I see in American Society and around the World is that religious people feel excluded in the West.
On the other hand, it is because we don't live in a THEOCRACY that we feel comfortable posting diverse religious advertising.

BUT it is NOT JUST RELIGION

We're including a lot of advertising for different treatments that can be controversial -- including neurofeedback & ketamine treatment. We're NOT endorsing anything -- but we are running the ads.

Tolstoy maintained that God was always on the side of the underdog -- and once one got the upper hand one better be pretty careful in how one used that power because God wasn't on your side anymore.

[Parenthetically, I've often thought about Tolstoy's ideas in the context of the treatment of Martha Stewart].

So relative power and inclusion are things we take into account when deciding to allow an advertisement.

We think relative power and inclusion are considerations the STATE needs to be taking into account in the make-up of its STAKEHOLDER GROUPS.

So we're considering A LOT OF THINGS with regard to ADVERTISING and that may not be so different as the considerations of a PLURALISTIC SOCIETY still struggling with INCLUSION & HUGE POWER DIFFERENTIALS.

Martha Stewart in custody.

IS IT LIABILITY OR REFORM FOR THE DSM & THE MENTAL HEALTH PROFESSION?

5/22/2019

Foreseeability Law and Legal Definition

"Foreseeability is a requirement under tort law that the consequences of a parties action or inaction could reasonably result in the injury. In such cases, the resultant injury was reasonably predictable by a person of ordinary intelligence and circumspection as in the case of throwing a heavy object at someone."
----USLegal.com

So the arguments against the DSM and for liability have been pretty general in nature. Saying that regardless of how the DSM might purport to limit its use:

it is in fact "reasonably foreseeable' that the diagnostic categories will be used in Criminal & Civil proceedings.

So the idea is that making a simple written disclaimer when one knows these diagnoses are being used in the Criminal context and people's lives are being greatly affected is NOT SUFFICIENT.

On the other hand, the DSM authors & really clinicians and forensic examiners have made an unwritten deal with the Society: that we're going to ASSUME THE RISK.

We're sure the DSM authors and distributors would say --you guys are assuming the risk -- & if anybody's liable it's the clinicians.

The clinicians are going to be arguing assumption of the risk by the Court System, etc. and that they relied to their determent on the DSM in about as open a way as possible -- OPEN COURT.

BUT what about all those people with partially understood cognitive disabilities whose lives are on the line?

It's just that the DSM is NOT a good deal anymore.

Is the answer to hold the DSM authors or clinicians liable? Well, those are possibilities.

WHAT REALLY NEEDS TO HAPPEN: Is we need to get honest and reform our Systems.

The REALITY is -- it is easier to reform our Health Care System -- than the Criminal Law.

Any SOCIETY with HEAVY CRIMINAL DOCKETS -- is a SOCIETY in MAJOR NEED of Health Reform -- including the Social Determinants of Health.

We can do that in a lot of ways -- including expanding the access to the "FREE ENTERPRISE SYSTEM."

BUT if we don't provide major Health Reform -- we are left with the LAW'S SOLUTION: Sue our well meaning and unconscionably struggling Mental Health Profession and American Psychiatric Association.

IS IT "RUGGED INDIVIDUALISM" OR "COMMUNITY INTERESTS?" --IT'S BOTH.

5/14/2019

  Our Society and Individuals within it have been doing A LOT OF HARD WORK when it comes to INTEGRATING both various disciplines and various important values.

It hasn't always been pretty and we're NOT out of the woods yet. BUT a LOT OF IDEAS that seem to be on the RIGHT TRACK -- especially with respect to Individualized Instruction and Individualized Medicine -- are beyond the "BRAINSTORMING" Stage even if they are not widely available.

Additionally, there is a greater recognition of the importance of the "Social Determinants of Health." Further, those "Social Determinants of Health" are intimately connected not only to PUBLIC HEALTH but some of our most difficult SOCIETAL PROBLEMS.

   [Parenthetically,  for Countries that may be experiencing Mass Immigration -- Jordan, Turkey, European Countries, the US & Canada -- the ANSWER is probably the IMPROVEMENT OF THE SOCIAL DETERMINANTS OF HEALTH in the HOME COUNTRIES of people desiring/needing to immigrate.]

  The US is both ahead and behind when it comes to INDIVIDUALIZED EMPLOYMENT.

ENTREPRENEURSHIP is certainly celebrated if not worshiped in the US. Further, ENTREPRENEURSHIP has sometimes been a successful haven for the "Ne'er Do Well," the Creative, the person with "ADHD" or some other DIFFERENCE.

   However, for as many people as ENTREPRENEURSHIP has "ECONOMICALLY SAVED"  it has failed many more -- often for fairly predictable reasons. The "Would-Be Entrepreneur" possesses SOME of the SKILLS of ENTREPRENEURSHIP in GREAT MEASURE -- BUT NOT ALL & DOES NOT HAVE ACCESS TO PEOPLE POSSESSING THE MISSING ESSENTIAL SKILLS.

    Ultimately, we need:

Highly Individualized Educational Instruction
Highly Individualized Medicine
Highly Individualized Employment, including Highly Individualized Entrepreneurial Services

John Wayne

Canada's Rise Asset Development Program

TRAUMA IN COLORADO -- & THE NEED FOR A "SYSTEMIC CHANGE" TRACK

5/10/2019

There are TRACKS that have been and need to be laid to address issues of individual and community grief and trauma in Colorado.

Especially in the South Metro where there are a number of TRAUMATIZED individuals, families and communities -- we can be at pretty different places in our "grief process."

This is the result not only of school shootings but also of several suicides.

What is "right" or "appropriate" for a VIGIL really has to be determined by the victim's family and friends. VIGILS in PARKLAWN were pretty political -- that's not necessarily going to work for everybody. It obviously didn't work for the STEM School.

On the other hand, the STEM VIGIL DEBACLE -- does point to the NEED for a SEPARATE SYSTEMIC TRACK to deal with YOUTH & SCHOOL SAFETY that addresses:

Mental Health
Youth Access to Guns, and
School & Mental Health Staffing

A LOT OF US -- Need that Track -- NOW -- for our own MENTAL HEALTH.

THERE'S NO MAGIC BULLET BUT WE CAN DO A LOT BETTER THAN WHAT WE'RE DOING When it comes to public education, Public Health & Employment

5/7/2019

We need to Concentrate on the ---
* SOCIAL DETERMINANTS OF HEALTH
* IDENTIFICATION & DEVELOPMENT OF "STRENGTHS"
* WORKAROUNDS AND REASONABLE ACCOMMODATIONS

Coming to Terms with the Specialized Needs of Some Older Children & Adults

The rationale articulated in the Denver Post article to the right has been around for decades to justify poor performance in public education and public mental health and to write-off older kids and adults with the most serious issues..

It's a HORRIBLE POLICY --- it DOESN'T WORK. Those written off people often have children of their own and we're looking @:

Child Welfare
Homelessness, and the
Criminal Justice System

----AND Mental, Emotional & Behavioral Problems can MULTIPLY over time as a result of this kind of GROSS SOCIETAL NEGLECT

THE LIMITS OF OUR "GREAT ECONOMY "

I pretty much believe that everyone running for public office has SOMETHING to offer the COUNTRY in whatever party. Setting them against each other in a winner take all contest is not necessarily in the Country's best interests.

Sen. Michael Bennett

Having said that we do agree with Sen. Michael Bennett's observations on the May 5, 2019 edition of Meet The Press regarding our "GOOD ECONOMY" and how it doesn't really TRANSLATE into HOUSING & other SOCIAL DETERMINANTS of HEALTH for many people.

We do not endorse political candidates.

Photo Credit: thedenverchannel.com

Some Colorado schools see less than half of students graduate, but state says that’s reality of working with challenging population

In 2017-2018, 81 high schools in Colorado graduated no more than half of their students within 4 years

By the time students arrive in alternative schools, they typically already have fallen far behind their peers, making it more difficult to catch up.

If schools want to increase graduation rates, they need to focus on laying a strong foundation with quality early childhood education, small class sizes and electives that keep students interested, said Julian Vasquez Heilig, a professor of education leadership at California State University Sacramento.

Unfortunately, many communities don’t have the resources to create that kind of system, and states haven’t provided the funding needed, he said.

“Education is cumulative,” Vasquez Heilig said. “When a kid comes in, they’re two or three grade levels behind, there’s no magic bullet to catch that kid up.”

THE PROBLEM WITH HIERARCHICAL SYSTEMS: ARAPAHOE HIGH SCHOOL CASE IN POINT

5/3/2019

What I find to be one of the most troublesome aspects of hierarchical systems is:

It places responsibility in one or a few individuals, and when things go wrong - as things have a tendency of doing -- the motivation is NOT to FIX the Problem -- it's to deny it, minimize it & cover it up.

I don't think changing the principal @ Arapahoe or an adminstrator @ a nursing home or the Superintendent @ the Colorado Mental Health Institute @ Pueblo is the FIX we really need.

AND all of those places can have some pretty SERIOUS PROBLEMS.

Many systems serving young people and adults NEED MAJOR SYSTEMIC CHANGE.

INCLUSIVE Stakeholder groups to tackle the MOST DIFFICULT Problems can lead to REAL RESULTS. That way we're ALL RESPONSIBLE & WE ALL HAVE A STAKE IN SOLVING THE PROBLEM -- not toppling the hierarchy.

Littleton Public School District & Arapahoe High School -- need to BRING IN & INVOLVE their harshest critics -- including the Arapahoe High School Community Coalition.

[Val's Full Disclosure: Our son was in the school during the 2013 school shooting. Our daughter is graduating this year and has had friends who committed suicide.]

CO's Need for more thoughtful processes of inclusion

5/2/2019

I remember in High School as the editor of the H.S. newspaper, I took the School Administration to task for their handling of 2 church & state issues:

On the one hand, they were allowing the religious group "Youth for Christ" to meet @ the school;
On the other hand, school administrators "censored" a school play because the words "Jesus Christ" were spoken.

The issues of INCLUSION within Colorado State Government and monied &/or large Mental Health Advocacy Organizations -- remind me a lot of that.

In my opinion, it's good people/good organizations/administrators making bad decisions that matter more than they think.

We don't know what to say when we know that somebodies from the State routinely visit the Orchid site along with our followers outside of State government-- BUT the State doesn't include us as stakeholders in legislative initiatives that are what this website is all about.

We're not a membership organization -- although thousands of people follow us on Facebook & the website. Further, we're not a government funded organization.

A lot of our ADVOCACY is for INCLUSION because we are very well aware that a lot of people following us do not agree with everything we think and say. We speak our minds -- so do they.

They very much need to be included in decision-making processes. There are practical realities BUT it is pretty clear that INCLUSION has to be a TOPIC AREA for the Behavioral Health Task Force.

We don't know what to say when we go out of our way to include Mental Health Colorado in anything we think would interest them whether we think they would agree with us or not, and that courtesy is not extended to us.

We think it is hard to address issues of "INCLUSION."

Further, we don't think the people and organizations involved have any clue as to what a toxic environment that creates and how there is at least one person who is not going to speak out about it -- because it is TOO STRESSFUL.

After all is said and done, I am one of many people that needs to be included.

To do that is going to require different and more thoughtful processes and procedures. AND we're going to be working on that.

BIG BUDGETS DON'T MEAN BETTER IDEAS

INCLUSION: BETWEEN REPRESENTA-TIVE GOVERNMENT & DIRECT DEMOCRACY

5/1/2019

We think INCLUSION can be both HEALING for the SOCIETY & the INDIVIDUAL. INCLUSION is MORE THAN NOTICE & OPPORTUNITY TO BE HEARD or maybe it is a RE-THINKING of -- the twin pillars of AMERICAN PROCEDURAL DUE PROCESS.
Aristotle said that for Politics & Philosophy one needed a COMMONWEALTH & LEISURE. That LEISURE is often the result of MATERIAL WEALTH.
Task Forces & Stakeholder Groups have come to assume an important role in Colorado Representative Democracy. Unfortunately, they are still often dominated by government officials and industry representatives.
Quite frankly, it isn't easy to include the most DISENFRANCHISED MEMBERS of Colorado Society in DECISION-MAKING even in matters that are DIRECTLY AFFECTING THEM.
TECHNOLOGY has the potential to improve this situation to some degree as well as regular LISTENING SESSIONS & FOCUS GROUPS with comments made available to the public.
What 5th Century B.C. Athenian leader Pericles understood -- was that people had to be paid to participate in DEMOCRACY -- otherwise they couldn't afford it.
We would be in favor of MARRYING Andrew Yang's Universal Basic Income Proposal with Universal/Manageable Duties within the Democracy where the person is able to assume such duties.

Val's Blog