A Court of Refuge

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by Ginger


  3. 1 Ibid.

  4. Jeff Jacoby, “The Prison Door Keeps Revolving” Boston Globe, May 4, 2014.

  5. Mental Health America, “2016 State of Mental Health in Americas—Report Overview Historical Data,” www.mentalhealthamerica.net/issues/2016-state-mental-health-america-report-overview-historical-data.

  6. Substance Abuse Mental Health Services Agency, “Resilience Annotated Bibliography: SAMHSA’s Partners for Recovery Initiative,” March 2013, www.samhsa.gov/partners-for-recovery.

  7. Danielle Nelson, “Spirituality and Mental Health,” Jamaica Observer, January 5, 2016, www.jamaicaobserver.com/columns/Spirituality-and-mental-health_47731.

  Chapter 7: Therapeutic Justice Goes Mainstream

  1. Bruce J. Winick and David B. Wexler, Australian Institute of Judicial Administration, “The Concept of Therapeutic Jurisprudence,” http://aija.org.au/index.php/research/australasian-therapeutic-jurisprudence-clearinghouse/the-concept-of-therapeutic-jurisprudence.

  2. Mike Clary, “South Florida’s Opioid Overdose Crisis: At Least 800 Expected to Die by End of 2016,” Sun-Sentinel, November 20, 2016.

  3. Corky Siemaszko, “Florida Gov. Declares State’s Opioid Epidemic Public Health Emergency,” NBC News, May 4, 2017.

  4. Lawrence Mower, “Failure to Land $10 Million Grant Grates on Sober Home Community,” Palm Beach Post, December 21, 2016.

  5. Vincent J. Felitti et al., “Relationship of Childhood Abuse and Household Dysfunction to Many of the Leading Causes of Death in Adults: The Adverse Childhood Experience (ACE) Study,” American Journal of Preventive Medicine 14, no. 4 (May 1998): 245–58, www.cdc.gov/violenceprevention/acestudy/about_ace.html.

  6. A. Kathryn Power, “Breaking the Silence,” National Council Magazine 2 (2011), www.thenationalcouncil.org/wp-content/uploads/2012/11/NC-Mag-Trauma-Web-Email.pdf.

  7. Ibid.

  8. Substance Abuse and Mental Health Services Administration, “SAMHSA’s Working Definition of Trauma and Guidance for Principles of a Trauma-Informed Approach,” draft report (Rockville, MD: Substance Abuse and Mental Health Services Administration, 2012).

  9. J. B. Gillece, “Understanding the Effects of Trauma on Lives of Offenders,” Corrections Today (June 6, 2012), cited in Chan Noether, “Toward Creating a Trauma-Informed Criminal Justice System,” Policy Research Associates, June 6, 2012, www.prainc.com/creating-a-trauma-informed-criminal-justice-system/.

  10. H. J. Steadman, “Lifetime Experience of Trauma Among Participants in the Cross-Site Evaluation of the TCE for Jail Diversion Programs Initiative” (unpublished raw data), cited in Noether, “Toward Creating a Trauma-Informed Criminal Justice System.”

  11. Substance Abuse and Mental Health Services Administration, Trauma-Informed Care in Behavioral Health Services, report (SMA) 14-4816, Treatment Improvement Protocols (Rockville, MD: Center for Substance Abuse Treatment, 2014), www.ncbi.nlm.nih.gov/pubmed/24901203.

  12. Ibid.

  Chapter 8: Brothers and Sisters

  1. Lisa Weber-Raley, On Pins and Needles: Caregiving Adults with Mental Illness, report prepared by Greenwald & Associates for the National Alliance on Caregiving, Mental Health America, and National Alliance on Mental Illness, February 2016, www.caregiving.org/wp-content/uploads/2016/02/NAC_Mental_Illness_Study_2016_FINAL_WEB.pdf.

  2. The Sibling Leadership Network’s mission is “to provide siblings of individuals with disabilities the information, support, and tools to advocate with their brothers and sisters and to promote the issues important to them and their entire families” (see http://siblingleadership.org/).

  3. Jennifer Van Pelt, “Aging Parents of Adults with Serious Mental Illness,” Social Work Today 11, no. 6 (November–December 2011): 18, www.socialworktoday.com/archive/111511p18.shtml.

  4. Ibid.

  5. C. K. Arnold, T. Heller, and J. Kramer, “Support Needs of Siblings of People with Developmental Disabilities, Intellectual and Developmental Disabilities 50, no. 5 (2012): 373–82 (see “Siblings of Individuals with Disabilities Fact Sheet”).

  6. Eun Ha Namking et al., “Well-Being of Sibling Caregivers: Effects of Kinship Relationship and Race,” Gerontologist (2016): 1–11.

  7. Weber-Raley, On Pins and Needles.

  8. Ibid.

  Chapter 9: Changing Hearts and Minds

  1. Gayle Bluebird, “History of the Consumer/Survivor Movement,” September 11, 1995, www.power2u.org/downloads/HistoryOfTheConsumerMovement.pdf; Clifford Whittingham Beers, A Mind That Found Itself: An Autobiography (New York: Longmans, Green, 1908).

  2. Lawrence Van Gelder, “Howard Geld, 42, Advocate for Mentally Ill, Dies,” New York Times, February 14, 1995.

  3. Pamela G. Hardin et al., “White Paper: US Peer Leadership & Workforce Development,” NACBHDD Newsletter, June 2014, https://jenpadron.com/2014/06/03/white-paper-us-peer-leadership-and-workforce-development/.

  4. Patrick Hendry, Common Threads, Stories of Survival & Recovery from Mental Illness, Florida Peer Network and Louis de la Parte Florida Mental Health Institute, 2007, www.floridatac.com/files/document/Common%20Threads%2012.18.07%20Final.pdf.

  5. See Peer Support Coalition of Florida, www.peersupportfl.org/.

  6. See Florida Certification Board, “Certified Recovery Peer Specialist,” flcertificationboard.org/wp-content/uploads/CRPS-Candidate-Guide-2015.pdf.

  7. Ibid.

  8. Eric R. Maisel, “Jennifer Maria Padron on Peer Support and Peer Services: On the Future of Mental Health,” Psychology Today, April 27, 2016, www.psychologytoday.com/blog/rethinking-mental-health/201604/jennifer-maria-padron-peer-support-and-peer-services.

  Chapter 10: A Rush to Privatization

  1. Michael Mayo, “Rushed Privatization Plan Will Harm Broward’s Mentally Ill,” column, Sun-Sentinel, August 8, 2011.

  2. Brittany Davis, “State in a Rush to Hand Over Mental Health Contracts to Private Sector,” Florida Health News, August 19, 2011, http://health.wusf.usf.edu/post/state-rush-hand-over-mental-health-contracts-private-sector#stream/0.

  3. Ibid.

  4. Ibid.

  5. Robert Paulson et al., “Evaluation of the Florida DCF Community-Based Care Initiative,” University of South Florida, Mental Health Law and Faculty Publications, June 16, 2003, www.dcf.state.fl.us/admin/publications/docs/cbc_report_091503.pdf.

  6. Florida Tax Watch, “Analysis of Florida’s Behavioral Health Managing Entity Model,” March 2015, http://floridataxwatch.org/resources/pdf/ManagingEntitiesFINAL.pdf.

  7. Florida Statutes, Section 394.9082, “Behavioral Health Managing Entities,” www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0394/Sections/0394.9082.html.

  8. Charles Palmer et al., “Effective Public Management of Mental Health Care: Views from States on Medicaid Reforms That Enhance Service Integration and Accountability,” Milbank Fund and Bazelon Center for Mental Health, May 2000, www.milbank.org/wp-content/uploads/2016/06/Effective-Public-Management-of-Mental-Health-Care.pdf.

  9. Ron Honberg et al., State Mental Health Cuts: A National Crisis, report prepared for National Alliance on Mental Illness,” March 2011, www.nami.org/getattachment/About-NAMI/Publications/Reports/NAMIStateBudgetCrisis2011.pdf, 1, 2.

  10. Ibid.

  11. Lawrence B. Solum, “Procedural Justice,” Southern California Law Review 78, no. 1 (November 2004): 181–321.

  12. Ibid.

  13. Mayo, “Rushed Privatization Plan.”

  14. Ibid.

  Chapter 11: In Honor of Our Elders

  1. National Coalition for the Homeless, “Homelessness Among Elderly Persons” (Washington, DC: September 2009), www.nationalhomeless.org/factsheets/Elderly.pdf.

  2. Adam Nagourney, “Old and on the Street: The Graying of America’s Homeless,” New York Times, May 31, 2016.

  3. Ibid.

  4. “Point of View: Homeless Elderly Statistics Frightening,” Palm Beach Post, June 26, 2014.

  5. Broward County Housing Authority website, on the page “Broward County H
ousing Authority Waiting Lists,” announces that wait lists for all the housing programs are closed as of February 2017, and there are three thousand names on the list with a lottery for available units. See https://affordablehousingonline.com/housing-authority/Florida/Broward-County-Housing-Authority/FL079.

  6. Broward.org, “Celebrating Diversity in Broward County,” www.broward.org/CelebratingDiversity/Pages/Default.aspx (citing data from the 2010 US census).

  7. See Daniel E. Jimenez et al., “Cultural Beliefs and Mental Health Treatment Preferences of Ethnically Diverse Older Adult Consumers in Primary Care,” American Journal of Geriatric Psychiatry 20, no. 6 (June 2012): 533–42.

  8. Temple Collaborative on Community Inclusion, “Cultural Competence in Mental Health,” May 8, 2017, http://tucollaborative.org/sdm_downloads/cultural-competence-in-mental-health/.

  9. Centers for Disease Control, “Understanding Elder Abuse: Fact Sheet,” www.cdc.gov/violenceprevention/pdf/em-factsheet-a.pdf.

  10. Centers for Disease Control, National Center for Injury Prevention and Control, Division of Violence Prevention, “Understanding Elder Abuse Fact Sheet, 2016,” www.cdc.gov/violenceprevention/pdf/empfactsheet-a.pdf.

  11. Sanbourne v. Chiles, No.89–6283-CIV-NESBITT.

  12. Rob Barry et al., “Neglected to Death, Part 1: Once Pride of Florida; Now Scenes of Neglect,” Miami Herald, April 30, 2011.

  13. Michael Sallah and Carol Marbin Miller, “Florida Lawmakers Consider Tough Law to Protect Assisted Living Facilities,” Tampa Bay Times, January 18, 2012.

  Chapter 12: The Power of Human Connection

  1. The New Freedom Commission on Mental Health was assembled by President George W. Bush in 2002. The commission’s mission was to study the US mental health service delivery system and recommend improvements to enable adults with serious mental illness and children with a serious emotional disturbance to live, work, learn and participate fully in their communities. For the final report to the president, Achieving the Promise: Transforming Mental Health Care in America, see http://govinfo.library.unt.edu/mentalhealthcommission/reports/reports.htm.

  2. Paula McMahon, “Court Stand on Mental Illness Wins High Marks,” Sun-Sentinel, September 8, 2000.

  3. Norman G. Poythress et al., “Perceived Coercion and Procedural Justice in the Broward Mental Health Court,” International Journal of Law and Psychiatry 25 (2002): 517–33. Researchers noted, “The Broward Court was designed to be informal, often involving interaction, and dialogue between the participant about problems and treatment options. . . . The patience and tolerance . . . create an impression that speedy disposition of a large number of cases is not a priority.”

  4. Ibid.

  5. Abe Stein, “How Home Plate Lives Up to Its Name,” Atlantic, March 31, 2014.

  6. Judith Hibbard and Helen Gilburt, Supporting People to Manage Their Health: An Introduction to Patient Activation, report prepared for the King’s Fund, May 2014, www.kingsfund.org.uk/sites/default/files/field/field_publication_file/supporting-people-manage-health-patient-activation-may14.pdf.

  7. Ibid., 4.

  8. Ibid., 13,14.

  9. Ginger Lerner-Wren, “Raising the Bar for Suicide Prevention,” Director’s Corner, Suicide Prevention Resource Center, October 7, 2016, www.sprc.org/news/mental-health-courts-raising-bar-suicide-prevention. This article describes why mental health courts are in an important position to advance suicide prevention. “Zero Suicide is a commitment to suicide prevention in health and behavioral health care systems and is also a specific set of strategies and tools.” See http://zerosuicide.sprc.org/.

  10. National Suicide Prevention Hotline, https://suicidepreventionlifeline.org/.

  11. Per the National Council for Behavioral Health, “Whole Health Action Management,” www.thenationalcouncil.org/training-courses/whole-health-action-management/, “Whole Health Action Management (WHAM) training is a peer-led intervention for people with chronic health and behavioral health conditions that activates self-care management to create and sustain new healthy behaviors.”

  12. Ibid.

  Chapter 13: A Crying Shame

  1. Boris Sanchez and Kevin Conlon, “North Miami Shooting: Autistic Man Suffers in Aftermath, Mom Says,” CNN, July 27, 2016.

  2. Charles Rabin, “How a Broom-Swinging Mentally Ill Man Ended Up Shot Dead by Police” Miami Herald, February 16, 2015.

  3. See Cynthia Golembeski and Robert Fullilove, “Criminal (In)Justice in the City and Its Associated Health Consequences,” American Journal of Public Health 95, no. 10 (October 1995): 1701–6, http://ajph.aphapublications.org/doi/pdf/10.2105/AJPH.2005.063768.

  4. Peter Wagner and Bernadette Rabuy, “Mass Incarceration: The Whole Pie 2017,” Prison Policy Initiative press release, March 14, 2017, www.prisonpolicy.org/reports/pie2017.html.

  5. Golembeski and Fullilove, “Criminal (In)Justice in the City and Its Associated Health Consequences.”

  6. Ibid.

  7. Allen S. Noonan, Hector Eduardo Velasco-Mondragon, and Fernando A. Wagner, “Improving the Health of African Americans in the USA: An Overdue Opportunity for Social Justice,” Public Health Reviews 37 (2016): 12, https://publichealthreviews.biomedcentral.com/articles/10.1186/s40985–016–0025–4.

  8. US Department of Health and Human Services, US Public Health Service, “Executive Summary, Mental Health: Culture, Race, and Ethnicity—A Supplement to Mental Health: A Report of the Surgeon General” (Rockville, MD: US Department of Health and Human Services, Public Health Service, Office of the Surgeon General, n.d.), www.ct.gov/dmhas/lib/dmhas/publications/mhethnicity.pdf), iv.

  9. Ibid., 11.

  10. Ibid., 5.

  11. On the so-called Baker Act, see chapter 1, note 1.

  Chapter 14: A Referendum on Hope

  1. Senate Bill 1865–106th Congress: America’s Law Enforcement and Mental Health Project, A bill to provide grants to establish demonstration mental health courts,” www.govtrack.us/congress/bills/106/s1865; see also https://www.govtrack.us/congress/bills/106/s1865/summary. The bill was signed into law by President Bill Clinton on November 13, 2000.

  2. Ibid.

  3. Substance Abuse Mental Health Services Administration, “SAMHSA’s Working Definition of Recovery; 10 Guiding Principles of Recovery,” August 2010, https://store.samhsa.gov/shin/content/PEP12-RECDEF/PEP12-RECDEF.pdf.

  4. The National Alliance on Mental Illness, “NAMI Warns Senate About Criminalization of Mental Illness, Supports Cornyn Bill,” February 10, 2016, www.nami.org/Press-Media/Press-Releases/2016/NAMI-Warns-Senate-about-Criminalization-of-Mental.

  5. White House, “Executive Order: New Freedom Commission on Mental Health,” April 29, 2002, https://georgewbush-whitehouse.archives.gov/news/releases/2002/04/20020429-2.html. “Sec. 3. Mission. The mission of the Commission shall be to conduct a comprehensive study of the United States mental health service delivery system, including public and private sector providers, and to advise the President on methods of improving the system. The Commission’s goal shall be to recommend improvements to enable adults with serious mental illness and children with serious emotional disturbances to live, work and participate fully in their communities.”

  6. National Institute of Mental Health, “Any Mental Illness (AMI) among US Adults,” www.nimh.nih.gov/health/statistics/prevalence/any-mental-illness-ami-among-adults.shtml.

  7. Matt Ford, “America’s Largest Mental Hospital Is a Jail,” Atlantic, June 8, 2016. According to the Treatment Advocacy Center, “Serious Mental Illness Prevalence in Jails and Prisons,” background paper, September 2016, “Overall approximately 20% of inmates in jail and 15% of inmates in state prisons are estimated to have a serious mental illness.” Calculating from the total jail population, this means that approximately 383,000 individuals with serious mental illness are behind bars in the United States.

  8. American Psychological Association, “Why Philadelphia’s Mental Health Successes Should Spur Capitol Hill to Action,” Psychology Benefits Society, May 1, 2014,
https://psychologybenefits.org/2014/05/01/why-philadelphias-mental-health-successes-should-spur-capitol-hill-to-action.

  9. New Freedom Commission on Mental Health, Achieving the Promise: Transforming Mental Health Care in America, final report to the White House, July 22, 2003, govinfo.library.unt.edu/mentalhealthcommission/reports/FinalReport/downloads/FinalReport.pdf.

  10. Ibid.

  11. World Health Organization, “mhGAP: Mental Health Gap Action Programme—Scaling Up Care for Mental, Neurological, and Substance Use Disorders,” 2002, www.who.int/mental_health/mhgap_final_english.pdf.

  12. Victoria de Menil, in “Reforming Kenya’s Ailing Mental Health System: In Conversation with Victoria de Menil,” Africa Research Institute, June 27, 2013, www.africaresearchinstitute.org/newsite/blog/mental-health-in-kenya, describes how, on May 12, 2013, forty patients escaped from Mathari Hospital in Nairobi. The incident attracted widespread coverage about the conditions in Mathari and the shortcomings of mental health care in the country. Of the annual budget, only 0.5 percent is allocated to mental health provisions. Menil notes that Kenyan mental health advocates are seeking a community-based care approach to promote human rights.

  13. Michael L. Perlin, “There Are No Trials Inside the Gates of Eden: Mental Health Courts, the Convention on the Rights of Persons with Disabilities, Dignity, and the Promise of Therapeutic Jurisprudence,” in Coercive Care: Rights, Law, and Policy, ed. Bernadette McSherry and Ian Freckelton (New York: Routledge, 2015).

  14. McSherry and Freckelton, Coercive Care, 2.

  15. Ibid., 11.

  16. Michelle Edgely, “Why Do Mental Health Courts Work? A Confluence of Treatment, Support & Adroit Judicial Supervision,” International Journal of Law and Psychiatry 37, no. 6 (2014): 572–80.

 

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