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Mental Health Project
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Purpose. The purpose of the Mental Health Project of Spectrum Institute is to promote improved access to a full range of mental health therapies for adults with intellectual and developmental disabilities. Focus. The project focuses on the role of guardians, conservators, and others who have assumed primary caregiving responsibilities for this special needs population. These individuals are mental health therapy fiduciaries. Mission. The mission of the project is to educate these fiduciaries about their duty to take the necessary steps to implement the right of adults with intellectual and developmental disabilities to have prompt access to the necessary and appropriate mental health therapies they need. The mission also includes the education of self advocates and family advocates on the right to mental health therapy and how to ensure that court-appointed agents and those who have assumed caregiving responsibilities fulfill their fiduciary duties. Methods. The project accomplishes its mission through research, education, and advocacy. In addition to working with advocates and mental health fiduciaries, it also reaches out to primary care physicians who are often the gatekeepers to mental health services, and to psychologists, psychiatrists, social workers, and other licensed mental health professionals. |
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Legal Principles* |
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The constitution protects the right of adults
to make their own medical decisions. (Cruzon v. Missouri (1990) 497 U.S.
261, 262; Thor v. Superior Court (1993) 5 Cal.4th 725, 731) People with developmental disabilities have the right to full participation in society and to equal access to health care services. (ADA Section 12101; Wash. Rev. Codes Section 71A-10.030) When courts give the power to make health care decisions to guardians or conservators, these fiduciaries should be proactive. They have a duty to become aware of the need for, and to arrange for, appropriate mental health treatment for adults under their care. (Daily Journal Commentary) There are a wide range of mental health therapy options available for people with intellectual and developmental disabilities, including therapies to treat trauma, depression, anxiety, and PTSD. (“Intellectual and Developmental Disabilities: A Bibliography on Trauma and Therapy” [Part One: Books] [Part Two: Articles and Other Resources]) |
Individuals with intellectual and
developmental disabilities have a right to prompt medical care. (Cal.
Welf. & Instit. Code Section 4502(b)(4)) Therapy is essential for those
who have experienced
abuse. Additional qualified professionals are needed to provide therapy for individuals with intellectual and developmental disabilities. Those already working in this field should improve their skills with in-service training. Trauma-informed therapy should be included in all training programs. Care providers who deprive necessary health care services to dependent adults in their custody or care commit dependent adult abuse. (Wash. Rev. Codes Section 74.34.020(16)) Medical care includes mental health therapy. Deliberate indifference to medical and mental health needs is unconstitutional. (Doty v. County of Larsen (9th Cir. 1994) 37 F.3d 540, 546) People without disabilities have access to a full range of mental health therapies. It is disability discrimination for guardians, conservators, or other care providers to deprive individuals with disabilities access to a full range of mental health therapy options. (Federal Law: Americans with Disabilities Act; State Law: Cal. Gov. Code Section 11135; Wash. Rev. Codes Section 49.60.030) |
![]() Tina Baldwin Project Director |
Thomas F. Coleman Legal Director |
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* These legal principles have been endorsed by: The Arc of California, California Siblings Leadership Network, Autistic Self Advocacy Network, TASH, Washington Autism Alliance and Advocacy, Disability Rights Legal Center, Mental Health Advocacy Services, Louisiana State Nurses Association, West Virginia Developmental Disabilities Council, and Different Brains. For a PDF version of this page, click here. For more information on disability, abuse, and therapy, click here. |
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Project Advisors |
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Biza
Stenfert Kroese is a Consultant Clinical Psychologist and a Senior
Researcher in the School of Psychology at the University of Birmingham,
UK, and Chair of CanDo, a support service for parents with intellectual
disabilities. Dr. Stenfert Kroese is co-author of Cognitive
Behaviour Therapy for People with Intellectual Disabilities: Thinking
Creatively (Palgrave
Macmillan 2017). The book is based on the authors’ clinical experiences
and introduces novel approaches on how to adapt CBT assessment and
treatment methods for individual therapy and group interventions. It
explains the challenges of adapting CBT to the needs of clients with
intellectual disabilities and suggests innovative and practical
solutions. |
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Reverend
William C. Gaventa is the chair of the National Collaborative on Faith
and Disability and Director of the Summer Institute on Theology and
Disability. As writer and author, Rev. Gaventa served as Editor of the Journal
of Religion, Disability, and Health from
1996-2010. He edited the newsletter for the Religion and Spirituality
Division of the American Association on Intellectual and Developmental
Disabilities, was an adviser for the Spiritual and Religious Supports
Series for Exceptional
Parent Magazine,
and was a columnist for Insight,
the national newsletter of the Arc USA. Rev. Gaventa is the author of Disability
and Spirituality: Recovering Wholeness (Baylor
University Press - 2018) |
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Dr.
Matthew P. Janicki is co-chair of the National Task Grroup on
Intellectual Disability and Dementia Practices. He is a member of the
Federal Advisory Council on Alzheimer’s Research, Care, and Services.
Dr. Janicki is an associate professor in the Department of Disability
and Human Development at the University of Chicago. He is also a
research professor with the University of Maine's Center on Aging. Dr.
Janicki is the author of many books and articles on aging, dementia,
public policy, and rehabilitation of people with intellectual and
developmental disabilities, including Dementia,
Aging, and Intellectual Disabilities: A Handbook. |
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