Blog Posts

The Tragic Highlands Ranch Officers Shooting Hits Close to Home -- If We Can't Predict These Things -- Don't We Need to Regulate Guns A Lot More

1/1/2018

Our family lives very close to where the Highlands Ranch Officers Shooting occurred. In fact, University, Colorado, County Line -- those are our Stomping Grounds.
This is not the first horrible shooting and it is probably not going to be the last that was NOT prevented by our current systems of:

Mental Health Provision; and/or
Gun Regulation

We sometimes like to "think" that serious mental health problems are the province of "those people." The scary reality is serious mental health problems are the province of human beings and the human condition and processes that are often little understood.
There may be a lot of warning signs and red flags, but they often get ignored. AND sometimes, it really wasn't clear to anybody.
Just to make it more interesting, most people with some type of mental health issue are not dangerous, and some are.
Further, mental health problems while they may have been building -- can appear to manifest rather suddenly.
We have way too little knowledge, and way too many problems with mental health to allow the level of gun ownership in the general public that we currently have in this Country and in Colorado.
We've been very critical of the Hickenlooper Administration on other matters, but they took a lot of hits to champion reasonable gun control in this State.
AND we think the reality is the State and Country need a lot more reasonable gun control measures to prevent the kind of tragedies that occurred in the Highland Ranch officers shooting.

Pretenses of Inclusion, Needs for Emergency Funds for Vulnerable People with Disabilities

12/31/2017

And Fear That One More Request for Emergency Funds will Lay Bare Colorado Government's House of Cards Budget and Funding Apparatus

Well, the State failed to inform the Colorado Legislature of the problems @ the Colorado Mental Health Institute in Pueblo during the 2017 Legislative Session-- which otherwise would have been a banner year for mental health -- why destroy the mood with honesty, right?
During the Summer of 2017, CMS (Centers for Medicare & Medicaid Services) found CMHIP in immediate jeopardy for its staffing problems.
The State got CMS off their backs BUT they still had a lot of staffing problems. We and others urged the State to make a request for Emergency Funding. Well, after a few months, they made a request for Emergency Funding @ CMHIP and it was approved.
BUT Lo and Behold what should happen-- Colorado is still having a hard time:

Funding Its State Goverment
Complying with Laws that are Designed to Protect People with Disabilities.

Arapahoe House, an organization dedicated to substance abuse treatment is closing due in part to inadequate Medicaid reimbursement.
With regard to Olmstead, the Hickenlooper Administration just made up their own exception to the decision and the Americans with Disabilities Act: Medicaid Uncertainty. (Parenthetically, Wyoming managed to do Olmstead Planning during this period--we all know what radicals they are).
The Hickenlooper Administration just makes things up (like Medicaid Uncertainty is a valid ground to violate Olmstead & the ADA) -- and says that's the law now -- DO ME SOMETHING.
    Now on the Jail Wait Case, involving the rights of inmates to timely competency examinations, this has been pursued tenaciously by the Colorado Lawyers Committee led by Iris Eytan and Disability Law Colorado.
The State is just trying to be considerate of stakeholders and advocates -- by subjecting inmates with mental illness to great suffering with long wait times in Colorado jails so it can go through the Legislature.
   Isn't that special.
Does anybody buy that?
Nothing about that prevents making emergency arrangements NOW -- if this was somebody who was a victim of a fire -- wouldn't we do that?
  Colorado is facing a Self-Imposed Financial Crisis that is rather consistently leading to the abuse and neglect of people with disabilities. It's Time Our Policymakers Did Something About It.
  Is complying with the LAW for people with mental illness who are incarcerated, not an emergency?
Or just not an emergency for the Hickenlooper Administration.
We have a lot of concerns that the Hickenlooper Administration is a law unto itself defining "special circumstances" and quite frankly other matters as they deem fit.
A little bit of that goes a long way.
The mental health advocacy community has had a whole lot of the Hickenlooper Administration's Rule by Fiat to cover up State Failures in Leadership including failures to comply with the law.
In a lot of ways the State has tremendous strengths and pluses, but complying with law doesn't seem to be high on the list and its definitely what the State/Hickenlooper Administration can get away with.

Dana Carvey as the "Church Lady" on SNL

Below:
Some of the ABUSE & NEGLECT Scandals involving People with Disabilities in Colorado

Abuse of people with developmental disabilities @ the Pueblo Regional Center documented in a CMS investigation

Abusive Practices in Youth Corrections

El Pueblo, a mental health and substance abuse treatment center for children was shut down by state authorities late Sept. 2017 following complaints that children were abused and underfed. http://www.denverpost.com/2017/09/28/el-pueblo-boys-and-girls-ranch-closed/

CMS Investigation of the Colorado Mental Health Institute @ Pueblo found severe staffing problems.

We are NOT giving up on the people with disabilities in Solitary in Colorado jails

12/31/2017

Who Says There Should be No Solitary Confinement (Administrative Segregation) for People with Mental Illness -- at ALL?

   Well various doctors,
     the United Nations, and
     Colorado
   * See CRS 17-1-113.8 -- Prohibition Against Putting People with Mental Illness in "Long Term Isolated Confinement" within the Colorado Dept of Corrections

    The horrible inhumane situations in Colorado Jails have to be addressed:

Many of the people subject to AdSeg have disabilities and AdSeg exacerbates those disabilities, including mental illness, developmental disabilities, brain injuries, etc.;
We have got to have some relief and we know that isn't going to be easy and it probably will involve a range of solutions and it has to involve a wide and diverse range of perspectives including those of who found themselves subject to what they believe can be a pretty arbitrary and devastating punishment.

United Nations Mandela Rules

Rule 44 For the purpose of these rules, solitary confinement shall refer to the confinement of prisoners for 22 hours or more a day without meaningful human contact.

Prolonged solitary confinement shall refer to solitary confinement for a time period in excess of 15 consecutive days.

Rule 45 1. Solitary confinement shall be used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to the authorization by a competent authority.

It shall not be imposed by virtue of a prisoner’s sentence.

2. The imposition of solitary confinement should be prohibited in the case of prisoners with mental or physical disabilities when their conditions would be exacerbated by such measures.

The prohibition of the use of solitary confinement and similar measures in cases involving women and children, as referred to in other United Nations standards and norms in crime prevention and criminal justice, continues to apply

https://cdn.penalreform.org/wp-content/uploads/1957/06/ENG.pdf

UN Mandela Rules Official Website

How Would Colorado Financially Comply With Medicaid Mental Health Parity?

12/31/2017

We along with others were big advocates for Emergency Funding of CMHIP (Colorado Mental Health Institute @ Pueblo).
BUT CO is really getting to the point of needing to have Emergency Funds for general funding of the government.
We tried to engage the State in Parity discussions a long time ago and they weren't interested.
Now they have issued this analysis that summarily finds the State in compliance -- that's pretty par for the course for States.
BUT CMS (Centers for Medicare & Medicaid Services) provides states have authority and in fact are required to change capitation rates to comply with Parity for Medicaid Managed Care. BUT How Would Colorado Do That -- Fund That?
Where's the money going to come from? Marijuana Taxes?
We want to be sure we understand the State's argument, before we go to CMS Region 8 on this -- BUT we are very concerned.

Why the Failure to ASK for a TAX INCREASE UNDER TABOR is Leading to ALL Kinds of Horrible Consequences in this State

12/31/2017

We're not so sure it is horrible to have to ask the voters for a tax increase.

BUT just not asking for one when people with disabilities have serious needs that are not being provided for -- that is HORRIBLE.

Remember the old C & D campaign with Gov. Owens and Speaker Romanoff (who is now CEO of Mental Health Colorado) -- D didn't pass, BUT C did.

They were very specific for what the funds would be used for.

We have just had one crisis after another involving people with disabilities, including mental health and addiction issues.

Further, Colorado as other states are subject to Federal Laws like the Americans with Disabilities Act, the Olmstead Decision, and the Mental Health Parity & Addiction Equity Act.

When we don't provide sufficient resources for people to do their jobs, we put good people in very difficult positions.

Further, we put the State in a very difficult position to comply with Federal Laws that theoretically Trump TABOR.

There are thousands of people with mental illness in Colorado's jails and prisons who may need intensive mental health treatment like Assertive Community Treatment.

We don't buy that Parity doesn't cover ACT under Colorado Medicaid.

What we do understand is that CO State Government is woefully underfunded for a State that is:

failing to provide sufficient housing and intensive community mental health treatments to people with mental health disabilities;
further, does not have an integrated plan for institutions and community treatment that has included the Disability Community;
there are a lot of serious needs for vulnerable people with disabilities that need to be addressed in this State -- and that have led to abuse, neglect of people with disabilities on small and large scales.
while at the same time Colorado by some estimates is listed in the Top 10 States by wealth

To whom much is given, much is expected.

Assertive Community Treatment, Parity & Addressing Recidivism

12/31/2017

  For decades really we have been trying to provide viable alternatives to prison.
It seems to us incredibly important not to under-estimate the challenges people are facing. When we do under-estimate the challenges -- it does lead to recidivism.
The prisons are full of people with mental illness and substance use issues.
Back about 3 or 4 years ago, the Denver Post reported that there were 5700 people with mental illness in Colorado Department of Corrections Custody.
One of the reasons we are such big fans of ACT (assertive community treatment) is that it requires small caseloads and there is a team approach to deal with all the complicated systems.
Further, there are studies very much in line with the video to the right in which some people view their ACT caseworkers as a family member -- a mom, an aunt, etc.
Now some people might think that's crossing all kinds of boundaries -- we actually think that can be positive and it really depends on the situation.

Colorado
  Colorado recognizes the importance of ACT. We have often said this needs to be available outside the criminal justice system for people leaving mental institutes, nursing homes, etc.Colorado has sort of recognized the importance of Assertive Community Treatment (ACT).
Under Medicaid Managed Care, it treats ACT as an "optional service" that is paid for from savings from the Managed Care Program -- meaning there is NO Entitlement to ACT if it is reasonably medically necessary.

Well, it is policies like that --that put people with the most serious mental health needs at the back of the line.

That absolutely discriminates and violates Parity and it is having horrific/"insane consequences" in our society.

There are a lot of things that need to be fleshed out with ACT in an inclusive manner:

Medical Necessity;
Civil Rights Protections

Some states have developed Centers of Excellence around ACT and Colorado should as well.

Colorado Springs Independent

By Patience Kabwasa

Recidivism continues to contribute to overcrowding Colorado prisons

The State has refused to answer whether they have an objection to a waitlist for ACT for over 2 years in our efforts to bring Colorado in compliance with Olmstead.

NOW our argument is PARITY -- Colorado doesn't make this essential service available to all where reasonable medically necessary (like Minnesota does with Adult & Youth ACT as a rehabilitation Service).

US Dept. of Justice – Civil Rights Division

Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the Americans with Disabilities Act

C. Collaboration with Other Entities

States, counties, and cities, which often administer both criminal justice and disability service systems, have obligations under the ADA to ensure people with mental health disabilities or I/DD receive services in the most integrated setting appropriate to their needs.

Services such as scattered-site supported housing, Assertive Community Treatment (ACT), crisis services, intensive case management, respite, personal care services, behavior support, nursing care, peer support, and supported employment services can support a jurisdiction’s efforts to divert people with these disabilities from the criminal justice system and serve them in their communities.

https://www.ada.gov/cjta.html

Now Maybe CO Doesn't KNOW the LAW On Olmstead & MAYBE They Don't Care Because It Is Not Well Enforced

12/31/2017

We've talked about this before and the more we learn the squirrelier (is that a word?) this enforcement regime looks.

People with disabilities are really at the whim of politics even in enforcement at the federal level.

There is plenty out there to say there should be national across the board enforcement requiring States to have Olmstead Plans with:

"Measurable Goals"
"Reasonable Times Frames"; and
"Funding to Support the Plan"

BUT that is NOT happening.

What is happening is an incredibly expensive dance in which only a very small percentage of these matters are largely forced piecemeal into Federal Court.

THAT IS CRAZY.

NOT ONLY is it incredibly financially irresponsible it is really the definition of gross injustice to force people with serious disabilities into repeated expensive litigation so the State can avoid compliance with the law and measurable goals and reasonable time frames for essential housing and services.

Whether It's Marijuana, Olmstead, or Parity Something Has to Give When There Are Widespread Compliance Problems with the Law -- We Don't Want It To Be Disability Rights

12/29/2017

This country is well on its way to the 50-year compliance plan with Olmstead if not much, much longer.
AND now we've got Parity and States are going to tell us if their Medicaid Programs are in compliance.
Well, it is amazing just like Olmstead -- the States have concluded they are compliant with Parity -- but kinda not really like Olmstead.
Who wants to play these games with the States & the Feds -- nobody really, except it is like really important that Olmstead & Parity be complied with and that's not happening -- States sort of do things as they deem fit.
Actually, States can do a lot of that under the LAW -- just not as much as they are doing or in this case NOT doing.
We're going to have to provide a lot more technical assistance to the States on Olmstead & Parity ----- and we are going to have to tackle these hard resource issues in Housing and Intensive, Effective & Expensive Mental Health Treatments such as Assertive Community Treatment (ACT).
Further, these resource issues are so
HOT, you can't even get State Officials who will agree to make "reasonable plans" with measurable goals on "Housing, etc." even though this is required under U.S. Dept. Of Justice guidance for Olmstead Plans.
A lot of disrepect for the LAW has grown up in the States as Olmstead has had widespread compliance problems and patchy enforcement.
We're NOT prepared to LEGALIZE DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES for the convenience of the States.
But we have to get the States beyond saying they are complying with the law to really complying with the law.
You don't have thousands of people with mental illness and traumatic brain injury incarcerated Colorado if you're really complying with the law.

Hypocrisy: Let's Get Our Heads Out of the Sand Before We Kill Again

12/24/2017

US Disability Policy is just rife with hypocrisy AND surprise, surprise it is based on resources.
You've got a lot of smiling Federal & State Officials who either don't want what needs to be done to come out of the Federal Budget or the respective State Budgets for Housing and Expensive Community Treatments.
So we've had a really piecemeal process.
In the meantime, a lot of people -- hundreds of thousands of people in this country with mental illness -- have ended up on the streets and incarcerated.
And that's also included people with other disabilities, traumatic brain injury being an important honorable mention.
AND in all of this the LAW doesn't require anything that isn't "reasonable."
BUT even that is pretty terrifying if you've been hiding your head in the sand for over half a century and we have.
Hypocrisy can kill people. It already has --- Marvin Booker, Michael Marshall, and many more.
AND it's going to kill many more, if we don't get our heads out of the sand.
Well, what does that mean?
For starters, it means under Olmstead having a comprehensive effectively working plan for people with disabilities who are institutionalized (including incarceration) and those at great risk of institutionalization such as those who are homeless with:

Measurable Goals
Reasonable Timeframes; &
Funding to Support the Plan

For Parity, it means stop discriminating and fund expensive and effective intensive Mental Health Treatments like Assertive Community Treatment where reasonably medically necessarily.
Don't ask the Disability Community to buy a lawsuit for State/Federal Hypocrisy.

The "Two America Olmstead Policy" --- It's Keeping the Peace Between the States & the Feds BUT What About People with Disabilities?

12/23/2017

Olmstead Compliance in this Country has really been an evolution. We've had kind of a "Two China Policy" when it comes to Olmstead Compliance -- ostensibly we are ALL FOR IT, AND we have widespread compliance problems and patchy enforcement.

AND as always the proof is in the pudding, if States were complying with Olmstead, they would have inclusive reasonable plans to deal with the number of people with disabilities who are homeless or incarcerated:

with reasonable measurable goals;
with reasonable time frames
and funding to support the plan

Now a lot people like to talk about accountability -- BUT that's what it looks like and it just happens to be required under the Law.

AND that's why our "Two America Olmstead Policy" is harming so many people with disabilities.

<<Previous

Forward>>

Val's Blog

The Tragic Highlands Ranch Officers Shooting Hits Close to Home -- If We Can't Predict These Things -- Don't We Need to Regulate Guns A Lot More

Pretenses of Inclusion, Needs for Emergency Funds for Vulnerable People with Disabilities

And Fear That One More Request for Emergency Funds will Lay Bare Colorado Government's House of Cards Budget and Funding Apparatus

Below:
Some of the ABUSE & NEGLECT Scandals involving People with Disabilities in Colorado

We are NOT giving up on the people with disabilities in Solitary in Colorado jails

United Nations Mandela Rules

How Would Colorado Financially Comply With Medicaid Mental Health Parity?

Why the Failure to ASK for a TAX INCREASE UNDER TABOR is Leading to ALL Kinds of Horrible Consequences in this State

Assertive Community Treatment, Parity & Addressing Recidivism

Now Maybe CO Doesn't KNOW the LAW On Olmstead & MAYBE They Don't Care Because It Is Not Well Enforced

Whether It's Marijuana, Olmstead, or Parity Something Has to Give When There Are Widespread Compliance Problems with the Law -- We Don't Want It To Be Disability Rights

Hypocrisy: Let's Get Our Heads Out of the Sand Before We Kill Again

The "Two America Olmstead Policy" --- It's Keeping the Peace Between the States & the Feds BUT What About People with Disabilities?

Author

Archives

Categories

Val's Blog

​And Fear That One More Request for Emergency Funds will Lay Bare Colorado Government's House of Cards Budget and Funding Apparatus

Below: Some of the ABUSE & NEGLECT Scandals involving People with Disabilities in Colorado

​United Nations Mandela Rules

Author

Archives

Categories

And Fear That One More Request for Emergency Funds will Lay Bare Colorado Government's House of Cards Budget and Funding Apparatus

Below:
Some of the ABUSE & NEGLECT Scandals involving People with Disabilities in Colorado

United Nations Mandela Rules