The Jennifer Act: Giving addicts a chance By Amy Hillenburg | Correspondent May 9, 2017 Updated May 9, 2017 Sharon Blair, author and advocate for The Jennifer Act and supporter of the newly passed SB 499, is shown speaking at Owen Valley High School’s drug awareness presentation. Pictured in front is her daughter Jennifer Reynolds, who died in 2009 of a drug overdose. Photo by Michael Stanley of the Spencer Evening World. This article was written by Amy Hillenburg- MORGAN COUNTY- INDIANA When Sharon Blair, formerly of Bloomington, was told her daughter Jennifer Reynolds had died of a drug overdose in Florida, she was numb. She had shed many tears during the long and exhausting fight to save the 13-year drug addict. Jennifer was only 29 when she died in 2009. Blair, who now lives in Spencer, said Jennifer tried to beat her addictions, but could not, of her own will, lead a life without drugs. Also, like many parents of adult children who die from drug abuse, Blair and her husband have been denied visitation with their grandson by the other parent. They served as his legal guardians for five years — and so their pain is doubled. Blair is the author of The Jennifer Act, Indiana Senate Concurrent Resolution No. 7, which amends and strengthens Indiana’s existing involuntary commitment legislation. She has worked for eight years advocating for the movement and also testified … [Read more...]
Involuntary Commitment Barriers
The Jennifer Act thejenniferact.com INVOLUNTARY COMMITMENT -BARRIERS Lack of Implementation Untreated severe mental illness and progressive,chronic SUD (Substance Use Disorder) and its negative consequences persist despite the existence of assisted outpatient treatment (AOT) laws in 45 states and progressive civil commitment standards in 26 states. In virtually every state, implementation of existing laws and standards is inconsistent at best and nonexistent at worst. Common obstacles to the use of existing laws and standards include: LEGAL BARRIERS Incomplete or inconsistent understanding of how the laws and standards work Inconsistent application by judges Inadequate enforcement of court orders CLINICAL BARRIERS Hospitals, physicians and mental health professionals who are unaware of the laws and/or don’t know how to use them Identification mechanisms that would enable hospital emergency rooms, law enforcement and others to immediately recognize individuals under court-ordered outpatient treatment OFFICIAL BARRIERS Perceived or projected fiscal impacts on local government Shortage of public personnel with knowledge or training in implementing the laws Opposition by the mental health officials charged with implementing the laws and standards Opposition from tax-funded protection and advocacy (P&A) groups PERSONAL BARRIERS HIPAA/confidentiality obstacles Absence of committed … [Read more...]
Florida Governor Rick Scott Signs Senate Bill 12- April 15, 2016 (SB1336 Amended to SB12)
*People are asking me what is FLORIDA SB 12- CS/SB 12 — Mental Health and Substance Abuse. Here is the description of the bill. by Appropriations Committee and Senators Garcia, Galvano and Ring Prepared by: Children, Families, and Elder Affairs Committee (CF) The bill addresses Florida’s system for the delivery of behavioral health services. The bill provides for mental health services for children, parents, and others seeking custody of children involved in dependency court proceedings. The bill identifies the components of a coordinated system of care to be provided for individuals with mental illness or substance use disorder and defines a “No Wrong Door” model for accessing care. The Agency for Health Care Administration (AHCA) and the Department of Children and Families (DCF) are directed to modify licensure requirements through the rulemaking process if possible, to create an option for a single, consolidated license to provide both mental health and substance use disorder services. For modifications requiring statutory revisions, the agency and the department shall produce a plan for consolidation to the Legislature by November 1, 2016. Additionally, by December 31, 2016, AHCA and DCF are directed to develop a plan to increase federal funding for behavioral health care; compile detailed documentation of the cost and reimbursements for Medicaid covered services provided to Medicaid eligible individuals by providers of behavioral health care services. If the … [Read more...]
The Jennifer Act–2015- Comes To A Close
December 19, 2015 As 2015 comes to a close, I reflect on this year and what accomplishments and events stand out as memorable moments. In January, 2015, Florida Senator Jack Latvala and Florida State Representative Chris Latvala Authored, drafted and introduced "The Jennifer Act" bill as Senate Bill 1340 & House Bill 1017. Although it moved steadily through the committees, the House adjourned early and many bills failed to be heard. Unfortunately, "The Jennifer Act" (HB1017) was one of those bills. The upside is, we are looking forward to our bill being introduced in 2016. The plan is Florida Representative Chair Harrell will add the bill language from HB 7119 (last year's bill and the language) and that it will be put through as their committee bill. Also anticipating The Jennifer Act (SB1340) language will be in a Senate Proposed Committee Bill in 2016. In April, The Jennifer Act moved through Indiana General Assembly as House Bill 1448, thanks to the hard work by State Representative Steve Davisson. Governor Pence signed HB1448 into law on July 1, 2015. The bill signing "ceremony" with Indiana Governor Mike Pence was in August, 2015. What a memorial moment! Joining me were many friends and Lawmakers in attendance in the Governor's Chambers at the Statehouse in Indianapolis. Also in April, I was invited to share Jennifer's story and The Jennifer Act advocacy with the Indiana State Trooper Academy members in training. This was enlightening to share … [Read more...]
Civil Commitment Laws and Lack of Implementation
Lack of Implementation Untreated severe mental illness and progressive,chronic SUD (Substance Use Disorder) and its negative consequences persist despite the existence of assisted outpatient treatment (AOT) laws in 45 states and progressive civil commitment standards in 26 states. In virtually every state, implementation of existing laws and standards is inconsistent at best and nonexistent at worst. Common obstacles to the use of existing laws and standards include: LEGAL BARRIERSIncomplete or inconsistent understanding of how the laws and standards work Inconsistent application by judges Inadequate enforcement of court orders CLINICAL BARRIERS Hospitals, physicians and mental health professionals who are unaware of the laws and/or don’t know how to use them Identification mechanisms that would enable hospital emergency rooms, law enforcement and others to immediately recognize individuals under court-ordered outpatient treatment OFFICIAL BARRIERS Perceived or projected fiscal impacts on local government Shortage of public personnel with knowledge or training in implementing the laws Opposition by the mental health officials charged with implementing the laws and standards Opposition from tax-funded protection and advocacy (P&A) groups PERSONAL BARRIERS HIPAA/confidentiality obstacles Absence of committed or informed family members to act as advocates Perceived civil rights issues … [Read more...]
Involuntary Commitment Law’s are Necessary Tools For The Addicted
Involuntary Commitment Law's are often frowned upon. The process and procedures of this petition to the the courts is not easily understood. The main reason a family member files a petition for help for a loved one is to take action in a desperate life threatening situation. The family has watched the suffering and the rapid decline of a loved ones mental and physical health due to a chronic condition known as a substance use disorder. The word chronic is used because the person has lost all control or the ability to stop the use of a substance that is inflicting great harm to their body. They are impaired which causes their lact of control of the brain disease. They need intervention and professional help. They are in great danger of death from overdose. They are often times dealing with other mental health issues such as depression, anxiety, bi-polar and are often times suicidal due to their mental condition of addiction. To provide an intervention tool, such as The Jennifer Act is an act of compassion and love for the person chronically suffering. It is inhumane to watch someone suffering such great distress and be helpless to do anything to aid that person who is afflicted by an uncontrolable disease. We know that laws such as "Power of Attorney" for an elderly parent are often times needed and necessary and are widely used across the U.S. These laws allow a family member or other person to be in control of a person's health care decisions, finances and … [Read more...]
Comparison of Involuntary Treatment: Connecticut and Florida Law
Comparison of Connecticut and Florida Law Involuntary Treatment for Substance Abuse Provision- Connecticut - Florida Standard for Involuntary Admission Alcohol- or drug-dependent person who is (1) dangerous to himself, herself, or others when he or she is an intoxicated person (i.e., a substantial risk that the person will inflict physical harm) or (2) gravely disabled. “Gravely disabled” means the person, as a result of the periodic or continuous use of alcohol or drugs, is in danger of serious physical harm because the person: 1. is not providing for essential needs such as food, clothing, shelter, vital medical care, or safety; 2. needs, but is not receiving, inpatient treatment for alcohol or drug dependency; and 3. is incapable of determining whether to accept such treatment because of impaired judgment (CGS § 17a-680, 17a-685(b)). Good faith reason to believe that person is substance abuse impaired, cannot control his or her substance use, and (1) has inflicted, threatened, or attempted to inflict, or is likely to inflict, physical harm on himself or herself or others or (2) is in need of substance abuse services but is incapable of realizing it or making a rational decision regarding it. Mere refusal to receive services does not constitute lack of judgment (Fl. Stat. Ann. § 397.675). Protective Custody When permitted or required Police officer finding a person who appears to be incapacitated by alcohol must take person into … [Read more...]