Orchid Advocacy
  • 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
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      • The Tipping Point
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  • 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
  • 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







They Repeatedly Found Advanced Cognitive Strengths ---
In other areas


Val's Take/Conjecture
  • Study Reveals Brain’s Finely Tuned System of Energy Supply (2016), University of Rochester Medical Center
  • Brain Energy and Oxygen Metabolism: Emerging Role in Normal Function and Disease (2018), Frontiers in Molecular Neuroscience
  • Researchers determine how much oxygen the brain needs (2020), Medical Xpress
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Rec Centers in Colorado
HomelessStories
Struggling to cope with autism, Peter lost his way and became homeless
LA Concierge Psycholgist
Autism and Double Empathy

Avon and Wiltshire Mental Health Partnership NHS Trust - UK
Criminal Justice Mental Health and Learning Disabilities Service
  Genius Within
Val's Take:  Neuro-Diversity does often bring BIG STRENGTHS and BIG CHALLENGES.
Resilience is an ACCURATE VIEW that can BUILD upon those Strengths and Accommodate or Workaround the Challenges --- just like anyone else BUT DIFFERENT.

Lord Bradley’s review of people with mental health problems or learning disabilities in the criminal justice system
Elizabeth Bonker
Commencement Address

Val's Take:  Elizabeth refers to herself as "EXTREME."

As hard as it can be to recognize INTELLIGENCE and TALENT on the EXTREMES --- it can be even more difficult if someone is falling in the MUDDY MIDDLE.

We have a lot of people with Sensory Processing & Executive Functioning Differences that are "FLYING UNDER THE RADAR" because they are not the far end of one of many SPECTRUMS --- but they are struggling without more recognition, accommodations and workarounds.

In our society, many of those people are homeless, incarcerated or under-employed.
Business Insider
Leonardo da Vinci & ADHD

Val's Take:  The analysis in this video is TELLING.

There seems to be the ASSUMPTION that Leonardo da Vinci could have gotten as far as he did in his understandings AND still FINISH ALL THE PAINTINGS if he just didn't have that "ADHD."

There are TRADE OFFS in EVERYTHING --- if you are taking in ENORMOUS AMOUNTS of INFORMATION, your PROCESSING SPEED is going to be SLOWER and you are forced to make some decisions regarding your own LIMITED RESOURCES.

SOCRATES:  All Men are Mortal
                               Socrates is a Man
                               Therefore, Socrates is Mortal

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Indiana University School of Medicine Researchers Develop Blood Test for
Depression & Bipolar Disorder
(2021)

PBS Vitals (April 2022)
There's A Blood Test That Can Diagnose Depression
Why Aren't We Using It

Academy of Medical Sciences (UK)
Maternal Antibodies and Neurodevelopmental Disorders | Dr Ester Coutinho

Note:  FASD is Fetal Alcohol Spectrum Disorder

Therapeutic Jurisprudence and the Mental Health Strategy Court

Glen Luther (USask College of Law) and Mansfield Mela (USask College of Medicine) discuss their research in the area of therapeutic jurisprudence and talk about the Mental Health Strategy Court in Saskatchewan.
The Difficulty of Seeing Cognitive Disability at the Heart of the Justice-Involved Population

We've tended to view cognitive disability as a way to mitigate the effects of a punitive system in the most serious cases and a big pool of minor cases ---- but we haven't been able to quite bring ourselves to recognize that cognitive disability is the rule not the exception in criminal justice.

Some BIG KEYS we may not be considering:
  • Executive Functioning Differences or Deficits
  • Sensory Processing Overload
  • Dysregulation of the Immune System and other systems of the body
  • Social Behavior as a Delicate Balance of Innate and Adaptive Immunity
  • Psychiatric Disorders are Disorders of the Neuro-Developmental Continuum largely resulting from:
    • the interplay of genetics, maternal immune activation, epigenetics and environment and
    • can involve multiple systems of the body including the brain and central nervous system, immune system, metabolism, microbiome and endocrine system.
  • The importance of building on Natural Strengths as opposed to FAILING to recognize DEVELOPMENTAL DIFFERENCES, especially when it comes to EXECUTIVE FUNCTIONING.   ​

Our continuing efforts to secure Co Olmstead Compliance

Other organizational Stakeholders are ready for that class Action -- So Are We BUT there is a lot to do under the current cumbersome enforcement regime.
​

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Colorado Olmstead Table
Under Construction

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Substance Use:  Olmstead & Parity / Addiction Equity
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Integration Mandate

Under Construction

Priorities
  1. Coloradans with cognitive disabilities in jails & prisons
  2. Coloradans with cognitive disabilities who are homeless
  3. ​Coloradans with cognitive disabilities who are in nursing homes
  4. Coloradans with cognitive disabilities who are in mental institutes

The priorities are largely based on numbers and/or level of risk of harm.


We are open to HARM REDUCTION MEASURES if they are done in a context of substantial moves towards Olmstead Compliance, especially with respect to SUPPORTIVE HOUSING & SUPPORTIVE EMPLOYMENT.
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Fundamental Alteration Defense
It's NOT available to Colorado State Government--- Why?
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CO Olmstead Housing Data Dashboard
Will be cleaning up & adding to

What We REALLY Need:

States to engage in Comprehensive Olmstead PlANNING 

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CURRENT RESEARCH
  • It is less than the COMPREHENSIVE  RDoC Program
BUT
  • It is raising all kinds of REASONABLE DOUBT when it comes to our handling of Cognitive Disability in the Criminal Justice System.
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THE BIG KAHUNA -- The Research Domain Criteria Program.

 Started by the US National Institute of Mental Health (NIMH) in 2013 -- it was INITIALLY meant to replace the DSM 5.
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Olmstead Litigation under the Americans with Disabilities Act

Burden of Proof:  Preponderance of the Evidence to show REASONABLENESS of requested ACCOMMODATION of POLICY, PRACTICE and/or PROCEDURE under the LAW.
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Section 1983 --- Allegation of Constitutional Violation under Color of Law.

Burden of Proof:  Preponderance of the Evidence

4.3    Section 1983 – Elements of Claim

 Model

[Plaintiff] must prove both of the following elements by a preponderance of the evidence:

First: [Defendant] acted under color of state law.

Second: While acting under color of state law, [defendant] deprived [plaintiff] of a federal  [constitutional right] [statutory right].
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Criminal Cases require PROOF BEYOND A REASONABLE DOUBT because they may result in PUNISHMENT.
"Beyond a reasonable doubt is the highest standard of proof in [the]  American legal system.

"The Constitution requires that the government meet this burden to find someone guilty of committing a crime. ... In a criminal case, because the stakes are so high, it is not enough to prove that the defendant is probably guilty."  
Dec 29, 2016

​The State's Burden of Proof - What is Beyond a Reasonable Doubt ...https://www.justcriminallaw.com › 2016/12/29 › proof-be...
CHANGE IN PLANS: 

We're going to get out a 1-Pager on a Public Health Approach to Criminal Justice & Olmstead Planning to compliment our 1-Pager on Double V -- Double Victory over Covid and Disability Housing Shortages.

The letter to the American Bar Association on "Anti-Social Personality Disorder" is being pushed off.

​We want to collect letters from SUBJECT MATTER EXPERTS in support of a Public Health Approach to Criminal Justice with respect to "Anti-Social Personality Disorder."
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Click Here
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Substance Use & Neuro-Diversity

[Under Construction]

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Psychiatric Disorders and Neuro-Diversity

[Under Construction]

For many people, Neuro-Diversity (Developmental Inflammation) --- is an underlying vulnerability for developing a Substance and/or Psychiatric Disorder.

Further, people with PSYCHIATRIC DISORDERS typically have HYPER-CONNECTED BRAINS.

What's the Point?

Val's Take:  Neuro-Diverse People are working very hard in this society --- and it's often not enough due to IGNORANCE ALL AROUND:
  • The person is generally learning the hard way that they are different;
  • The society doesn't know how to accommodate these differences, and most problematically ---
  • The Mental Health Profession doesn't either.  Further, the Mental  Health Profession isn't really clued in that most of the people they are dealing with are Neuro-Diverse and  at least on some level developmentally different, specifically greater developmental inflammation.

​
This is SCARY:  We must have other OPTIONS.
​

​AttentionTalk Video
An ADHD Conundrum: Doing Time vs. Taking Probation
PictureSurprisingly poems by Denver writer Amy Strauss Friedman
What does the eggshell skull rule mean?
In simple terms, the eggshell skull rule states that injuries must be taken as they are without speculation about what may have happened if the injury victim did not have a condition that predisposed him/her to a more severe injury. This rule protects victims from something they have no control over. Aug 13, 2020
Understanding Eggshell Skull Rule | Chicago Injury Lawyershttps://dzinjurylawyers.com › Blog

Does the eggshell skull rule apply to emotional injuries?
The ability for a victim to receive compensation will not reduce from an at-fault party for the full extent of damages, even if the victim had a condition that put him or her at an unusually high level of risk. In addition to physical damages, the eggshell skull doctrine may also apply to emotional injuries. Oct 26, 2020
The Eggshell Skull Doctrine and Its Application in Personal ...

Entertainment Tonight
Dr. Drew on Britney's Conservatorship

​Val's Take:  I think Dr. Drew is giving a fairly standard mental health professional perspective.

I don't think it is INVALID --- BUT it does go to this issue of EXPERTS in the SOCIETY and what kind of INFLUENCE they have when there are LARGE KNOWLEDGE GAPS in our UNDERSTANDING ---

Not just large gaps in our understanding of particular facts in a particular case, BUT large gaps in our understanding of PSYCHIATRIC DISORDERS both generally and with regard to specific cases.

Who could be against Dr. Drew -- he seems so NICE and RATIONAL -- and yet, we don't have a Mental Health Profession that is on top of the  Mental Health Crisis --- which Dr. Drew appeared to allude to when he pointed out that there were a lot of people who needed a Conservatorship more than Britney Spears.
Uka (Mongolia)
Margaashiin Nar Luu Hamt Ayalah Uu 
(one of our favorites)  

DW News:  Caspar David Friedrich's "The Wanderer Above the Fog"

Val's Take:  To me, The Wanderer may not have a perfect understanding, but has a "better" understanding than when he was in the "Fog."   Getting out of the "Fog" involved a lot of hard work and climbing for a "better" but not perfect view.

Taylor Swift talking about "This Is Me Trying"
Swift talks about the challenge of going from school and multiple opportunities for pats on the back to an adult world with difficult choices and unclear paths.

Val's Take:  I think it is worth unpacking Swift's observations.  My own observations are that those academic pats on the back can be pretty reliable means of emotional regulation.  My own take is that most "gifted" people are Twice Exceptional (2e) and the executive functioning challenges were often not picked up in K-12 --- I think that is the Flip Side of the Emotional Intensity associated with "Giftedness."

It was interesting to see some research  commenting on a correlation between giftedness and "eating disorders."

Further, 2e is sometimes equated with high intellectual ability and delayed emotional development.  I don't know whether the emotional development is as much "delayed" as "overwhelmed."


A lot of people find themselves trying to regulate their emotions with various substances -- legal and illegal -- a lot of people ARE doing that legally with cigarettes, alcohol, marijuana, sugar or caffeine and there's a lot of illegal drug use. 

Those substances (legal or illegal) can be problematic BUT a significant percentage of our population is struggling to regulate their emotions.

Orchid:  Email

Crisis Services in Colorado, the US & Around the World

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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
  • 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