kidslaw

Chicago Group Homes for At Risk Youth

Group Homes to Nurture At-Risk Youths

One aspect of our practice deals with the needs of at risk children both in the city and the suburbs. Often we we discuss the the need for these children/families to have a place to stabilize their lives while remaining connected to their family and communities. Very few places exist that fullfil this role. On Saturday, I discovered an article in the New York Times that highlighted an effort here in Chicago spear-headed by Father Wellems, a priest of Holy Cross-Immaculate Heart of Mary Parish and executive director of Boys Town Chicago. Father Wellems plans to develop a cluster of five group homes intended to serve at risk children and their parents in the Back of the Yards. 
    " With a residential layout and two live-in social workers as " parents" each home will mimic a stable  nurturing family environment."

May 4 Call -In Day IDEA Fairness Restoration Act

On Wednesday May 4, 2011 please contact your Senators and Representatives and ask them to co-sponsor the IDEA Fairness Restoration Act (S. 613 and H.R. 1208). The bill will allow parents to recover expert witness fees when they prevail in due process hearings and court actions under the Individuals with Disabilities Education Act. ( IDEA).

http:// www. house.gov

http:// www. senate.gov

Aging Out and Autistic: A growing problem in Illinois

	Boolean Search Home » April 2011 Aging Out and Autistic: A Growing Problem in Illinois SPRINGFIELD, Ill. - Just about everyone knows someone with autism theautismprogram.orgthese days. That may be because, according to the Centers for Disease Control, more than one million Americans have some sort of autism spectrum disorder; most of them are children. Out of every 110 new babies, one will eventually be diagnosed with the disability, and the number is rising by more than 10 percent a year. Becky Moore, from Springfield, Illinois, has a son with autism, and she says when he graduates from high school, he will join a huge wave of people with very few options for living on their own. "Five-hundred-thousand children will transition out of the system after age 22 in the next 15 years and the question is, what will they transition to?" Students with developmental disabilities can stay in high school until age 22, but after that they're on their own. Moore says housing, job coaching and educational programs are scarce in Illinois, and so are resources. "In a lot of communities there is nothing for them to go to, and so it's a great question, concern, a great stress for parents across the nation." Moore says people who don't understand the disorder may mistakenly believe that autistic people can't live independently, but she knows from experience that many children with autism exceed expectations. "It's so joyful, the first time you hear them say, 'I love you, Mom,' or the first time they read a book, or the first time they do whatever, that you didn't think they'd be able to do." Moore says her son works very hard at everything he accomplishes and he deserves a future that involves meaningful work, and a social life. She says she's met with state officials who acknowledge that transitioning to adulthood with autism is a problem, but they also tell her that there's no money for new programs. That's why she's working with Lutheran Social Services of Illinois in reaching out to United Cerebral Palsy and the Autism Society of Central Illinois. They're trying to find ways to organize housing, and help young adults with autism to learn independent living skills. For more information go to lssi.org or theautismprogram.org Mary Anne Meyers, Public News Service - IL
	Copyright © 2011 Public News Service

The article above highlighits one of the primary reasons parents are seeking out our services. We are now seeing many families who are faced with the very real and immediate problem of what they will do with their adult autistic family members in order to provide a quality of life and care.

A Girl's Nude Photo and Altered Lives - New York Times March 27,2011

Sexting is an ever increasing activity among adolescents. Today's New York Times features an article about an example where one girl circulated a semi-nude photo of herself to a boy she liked. The boy then forwarded it on to several others who then circulated to everyone they could think of with the word HO plastered on the front. This lead to the arrest of these 8th graders for child pornography, potential time in a juvenile detention center and registration as sexual offenders.

The prevalence of under-age sexting is unclear and can often depend on the culture of a particular school or circle of students. An internet poll conducted for the Associated Press and MTV by Knowledge Networks in September 2009 indicated that 24 percent of 14 to 17 year olds had been involved in some type of naked sexting,either by cellphone or on the Internet. A December 2009 telephone poll from the Pew Research Center's Internet and American Life Project found that 5 percent of 14-17 year olds had sent naked or nearly naked photos or videos by cellphone, and that 18 percent had recieved them.

    Adults in positions of authority have been debating how to respond. Many school districts have banned sexting and now authorize principals to search cell phones. According to the National Conference of State Legislatures, at least 26 states have tried to pass some form of sexting legislation.

    Many of the kids I see in my office have no idea that sexting is illegal ( it is a misdeamenor in Illinois) and don't understand the risk for widespread distribution or the impact on their reputations.

Juvenile Law: Young Adults and Substance Abuse

One lf the most common reasons parents and young adults seek out our services is for legal problems associated with substance use or abuse, for example, traffic violations, possession and/or sale of illicit drugs, theft or injurious behavior. The first thing we do is to assess the seriousness of the drug or alcohol abuse. This may require the involvement of an outside professional experienced in this area. The initial goal is to assure that the problem is being addressed if needed. One million teenagers need drug and alcohol treatment. Only one in ten receives it. Not everyone who comes into our office needs intensive treatment, but many do.

The legal needs of adolescents and young adults requires a different approach. That approach, by definition, will involve a multi-disciplinary, multi-system intervention. The goal in all criminal cases, but particularly in this age group, is to prevent further problems and to reduce the long term, life long consequences associated with arrest and court involvement. While we deal with the legal issues, one of our roles in representing and advocating for our client is to assure that they get the needed assistance. This is something the court looks for in most cases and we help navigate through this process. Sometimes convincing parents and their young adult or teen that they need assistance is the first step.

As a person and a lawyer who typically tries to find opportunity in situations, I stress to parents and kids who may be minimizing use or the negative consequences, that brain development is under way and continuing to engage in using will impact that development negatively. The HBO website on Addiction is a great website with links to many other informative and helpful links. They list the 5 things to know about adolescent brain development and drug use:

1. The brain's front end, the part above the eyes, exists to slow us down or stop our impulsive behaviors. It considers the risks and benefits of our actions, and it hits the brakes when we consider doing things that are too risky.
2. The front part of the brain is still developing connections to the rest of the brain until adulthood, so adolescents' brains lack some of the wiring that carries brake or stop messages to the rest of the brain.
3. Drugs of abuse are often available to adolescents. These drugs feel good, but they can be very harmful. Lacking some of the wiring for the "stop" message, adolescent brains may not fully weigh the risk of the drug use.
4. The two drugs that cause the most deaths are also the most available drugs: tobacco and alcohol. Late adolescence, before the brain is fully matured, is the peak time for developing dependence on these (and other drugs).
5. Heavy drug use during times of critical brain development may cause permanent changes in the way the brain works and responds to rewards and consequences. Therefore, it is important to begin to address a developing substance abuse problem as soon as possible.

HBO Addiction 2011

Substance abuse and brain development

Juvenile Law/ Young Adults and Substance Abuse

            One of the most common reasons parents and young adults seek out our services is for legal problems associated with substance use or abuse.( e.g. traffic violations, possession and or sale of illicit drugs, theft, injurious behavior) The first thing we do is to assess the seriousness of the drug or alcohol abuse. This may require the involvement of an outside professional experienced in this area. The initial goal is to assure that the problem is being addressed if needed. One million teenagers need drug and alcohol treatment. Only one in ten receives it. Not everyone who comes into our office needs intensive treatment but many do.

             The legal needs of adolescents and young adults require a different approach. That approach by definition will involve a multi-disciplinary, multi-system intervention. The goal in all criminal cases, but particularly in this age group is to prevent further problems and to reduce the long term life long consequences associated with arrest and court involvement. While we deal with the legal issues one of our roles in representing and advocating for our client is to assure that they get the needed assistance. This is something the court looks for in most cases and we help navigate through this process. Sometimes convincing parents and their young adult or teen that they need assistance is the first step.

             As a person and a lawyer who typically tries to find opportunity in situations I stress to parents and kids who may be minimizing use or the negative  consequences that brain development is under way and continuing to engage in using will impact that development negatively.  The HBO website on Addiction is a great website with links to many other informative and helpful links. They list the 5 things to Know about adolescent’s brain development and use:

1. The brain’s front end, “ the part above the eyes, exists to slow us down or stop  our impulsive behaviors. It considers the risks and benefits of our actions, and it hits the brakes when we consider doing things that are too risky.
2. The front part of the brain is still developing connections to the rest of the brain until adulthood, so adolescents’ brains lack some of the wiring that carries brake or stop messages to the rest of the brain.
3. Drugs of abuse are often available to adolescents. These drugs feel good, but they can be very harmful. Lacking some of the wiring for the “stop” message, adolescent brains may not fully weigh the risk of the drug use.
4. The two drugs that cause the most deaths are also the most available drugs: tobacco and alcohol. Late adolescence, before the brain is fully matured is the peak time for developing dependence on these ( and other drugs).
5. Heavy drug use during times of critical brain development may cause permanent changes in the way the brain works and responds to rewards and consequences. Therefore, it is important to begin to address a developing substance abuse problem as soon as possible.

www. hbo.com/addiction/adolescent _addiction . ( 2011)

                                   

 

 

 

Accessing Mental Health Care

Several times per month I get a call from a family with a young adult or adolescent who is exhibiting symptoms of a mental health problem. They are looking for guidance on how to begin the process of getting help. This is not a simple process and is often overwhelming. Very often it is a crisis that prompts the call. (e.g. violent behavior, an arrest, self-injurious behavior). Although I am an attorney, many of our clients have mental health issues and we have developed experience in navigating the system. First, I explain that doing nothing is not an option. Safety of everyone involved is paramount. While each case is different there are a few things we have learned.

• Determine as a family what will trigger a call to emergency services ( police, ambulance). Outline a crisis plan. Dangerous and life threatening language or behavior that needs to be taken seriously.
• Optimally, you will have a contact with a mental health professional that can guide you through some of the choice points.
• In advance of a crisis identify a hospital or treatment facility. Determine the criterion for admisssion and any payment options ( e.g. insurance, government benefits).
• Develop a written crisis plan. Keep it short and accessible.
• Call your local police department. Some departments have specially trained crisis intervention officers who are skilled at working with mentally ill individuals in a crisis.

Mental Health Reaching Out before a tragedy

Twenty-Somethings: An Emerging and Expanding Practice

In the past fifteen years of my practice there has been a subtle shift in the age of the clients we represent. Initially, there was a clearer demarcation. Once an adolescent reached 18 and they needed legal help, (eg. arrest, mental health advocacy) they would be referred to an adult/criminal attorney. Not anymore. There are several reasons for the shift. The factors that have changed mirror what seems to be happening on a larger scale in American society.

In our office, we have been working with families long enough that many children we represented early on are now young adults. Our practice areas have expanded in response to the changing needs of our clients. We now have a substantial criminal law practice. We represent older adolescents (as well as younger) in the areas of internet crimes, alcohol and substance abuse related legal problems, sexually based offenses and traffic related offenses to name a few areas we deal with in our office.

Representing young adults requires us to be not only mindful of the law but to take a multidisciplinary view of the developmental issues related to their age. The law generally takes a black and white approach to youth over a certain age convicted of crimes. At 18 you are an adult and held accountable as an adult. Our clients seldom are fully formed adults and for most of them the idea of consequences or the long term implications of their actions are not part of their decision making process. They aren't quite as immature as our young juvenile clients but most are far from developing the maturity and judgment needed to function as competent adults. The term used in the social science literature refers to this group as "emerging adulthood." This rethinking has ben aided by neuroscience. In a recent article in the New York Times, What is it about 20-Somethings?,(New York Times, August 18, 2010), "Neuroscientists once thought that the brain stops growing shortly after puberty, but they know it keeps maturing well into the 20s."

It is our job to educate the courts and others about our client, assist in identifying treatment resources and to focus on minimizing penalties and maximizing interventions. The assumption that change is not only possible but can and will likely occur with the right interventions is an overriding premise of our legal representation. This is informed by the science and psychological research available about this age group. The term "emerging adulthood" was coined by the psychologist Dr. Jeffrey Arnett. Dr. Arnett is the author of Emerging Adulthood: The Winding Road from Late Teens Through the Twenties. (2004, Oxford University Press).

This message is also good news to parents who are despairing of their twenty-something ever "getting it" and moving on in a positive healthy direction.    

For many young adults this movement in the right direction will not come without significant intervention. In the Chicago area we are fortunate to have a program dedicated to the needs of emerging young adults. The Yellowbrick program is located in Evanston, Illinois.

Selected Resources:

Jeffrey Arnett, Ph.D.

Yellowbrick

Society for the Study of Emerging Adulthood

Legislative Update

Proposed Federal Legislation

H.R. 4247 and S. 2860 - This proposed legislation establishes standards for the use of restraint and seclusion in schools, direct states to develop plans to meet those standards, and bar schools from including restraint or seclusion as a specific behavioral intervention in a child's IEP.

S. 2781 ( " Rosas Law") This proposed legislation replaces the term " mental retardation " with " intellectual disabilities " wherever it appears in the law.

H.R. 2740 ( " The IDEA Fairness Restoration Act") - This proposed legislation permits parents who prevail in due process hearings and litigation to recover their expert witness fees.

Transition Services

H.B. 5688 This bill allows a child with a disability who recieves residential and educational services from either DCFS or DMHDD to be eligible to recieve transition services in accordance with Article 14 of the School Code from age 14.5 through age 21, notwithstanding the child's residential services arrangement.