How to Improve Collaboration: Using the right language when enlisting the help of law enforcement

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How to Improve Collaboration Using the right
language when enlisting the help of law
enforcement

• Jeanie Paradise, M.A., LPC
• The Center for Health Care Services
• International CIT Conference
• Vegas 2012
• Reference Texas Commission on Law Enforcement
  Officer Standards and Education (TCLEOSE)

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• Every situation is different so these tips may
  not resolve your current situation every time but
  may help you build a more collaborative
  relationship with your law enforcement agency and
  in time improve your outcomes.

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Elements of Texas Jail Diversion H.B. 2292

• Educate law enforcement personnel and the courts
• Develop the following
• Crisis Intervention Training (CIT)
• A centralized location for mental health
  assessments in lieu of arrest for individuals
  with non-violent criminal conduct
• Holding facilities providing structured treatment
  in lieu of arrest
• Linking and referral services
• Timely and effective screening process

TCLEOSE
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Elements of Texas Jail Diversion H.B. 2292

• Required community support
• An identified method for addressing housing and
  needed support services
• Pre-booking diversion occurs at first contact
  with law enforcement,
• Prior to any formal charges
• CIT and Crisis Center
• Post booking divert consumers after they have
  been booked. A plan is then created for
  implementation upon consumers release from jail.

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TCLEOSE

• People with mental illness who commit crimes with
  criminal intent, unrelated to symptoms of mental
  illness should be held accountable for their
  actions as would anyone else.

• People with MI should not be arrested because of
  their mental disorder
• They should not be detained in jails or prisons
  longer than others because of their illness.

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Jail Diversion Concepts Facts

• Calls for police services in which mental illness
  is a factor make up between 7 and 10 of all
  police contacts and continue to pose significant
  operational problems for the police
• National analyses has demonstrated that diverted
  clients have significantly lower criminal justice
  costs than non-diverted clients.

TCLEOSE
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Jail Diversion Benefits
TCLEOSE

• Length of stay in jails shortened in lieu of
  increased access to treatment
• Violence and victimization is reduced
• Costs incurred by taxpayers when a person with a
  mental illness is arrested, incarcerated, and/or
  hospitalized are addressed.

• Decriminalization of persons with mental illness
• The problem of over representation of people with
  mental illness in the criminal justice system is
  addressed
• Reduced hospitalization
• Increased public safety

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Law Enforcement Mental Health
TCLEOSE
Works With Perpetrators, Defendants Patients,
Clients or Consumers and Offenders Institutio
ns Jails and Prisons Hospitals pressure to
reduce utilization and rely on
community resources Emphasis Public
Safety Least Restrictive Alternative Deals
with. Behavior Illness Uses Authoritarian
and Adversarial Team Approach, not sure who
is Charge Deals with Recidivism where common
and Chronic illnesses where relapse is not
expected common Views. Mental Health
Individuals as Law Enforcement individuals
as odd autocratic
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Cont. Law Enforcement Mental
Health
TCLEOSE
Views Mental Health as fuzzy thinkers, Law
Enforcement as world of too process oriented
and takes rigid thinkers, make decisions too
long to reach a conclusion. too quickly, see
everything in Everything gray. Black and
white, fail to appreciate debilitating
nature of MI. Both look at Chaotic and
impossible to Chaotic and impossible to
Others worlds understand indecipherable understa
nd and indecipherable As.. Jargon used to
confuse other. jargon used to confuse the
other. Feels. Not appreciated for the
pressure Unappreciated for pressure it is
they are under to deal with the under to care
for endless endless stream of
perpetrators, stream of patients it is asked
defendants and victims. To serve.
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Biases
TCLEOSE

• These biases interfere with working together. But
  do we have more in common then we think?
• Both care about the people we serve
• want to live more productive and happier lives
• to protect the world
• fear the newspaper headlines involving one of
  their customers.

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It has been long recognized that Law Enforcement
collaborative agreements with Mental Health
agencies is the key approach in dealing with the
national Mental Health service crisis.
There is a direct link between inadequate mental
health services and the growing number of
mentally ill who are incarceratedCJ/MH consensus
project
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First step to successful collaboration
TCLEOSE

• Desire to work together on solutions.

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Collaboration
TCLEOSE

• Perhaps the most difficult challenge is a
  willingness to give up some degree of control to
  allow for real collaboration.

• Time
• Commitment
• Risk

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Re-enactment Training Video
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Strategic Helpful Tip

• Ultimate goal serving the individual!
• Put the persons needs before your own.

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Once you have offended an officer how likely is
he/she going to help?

• Set your own ego aside
• Ask for the Officers help
• Avoid telling an officer what to do
• Avoid talking down to an officer
• Avoid using your credentials as a means to make
  them agree
• Its best to use the art of suggestion

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Helpful Tip

• Always get the Officers name and badge number at
  the beginning of the conversation rather than
  after youve disagreed with him or her.

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What happens after youve argued and then ask for
his/her name?

• This usually implies that you intend to file a
  grievance or complain on the officer
• Problem with starting off that way is this is the
  Officers assigned district and he/she will be
  the person you will need to call on for future
  assistance
• Developing a working relationship early on is
  what is most helpful

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Helpful Tips

• Avoid buzz words that have a different meaning
  for law enforcement.
• Transport is usually referred to in a court
  order for transportation which in our county is
  done by the Sheriffs Office.
• If you feel it is unsafe for the consumer to
  drive himself/herself to the hospital, or for you
  to drive them, state the reasons clearly. Keep
  the focus on SAFETY

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Helpful Tips

• Give the officer the opportunity to interview the
  individual, doctor or other credible source if
  he/she feels it is necessary
• In Texas, an officer can use a credible source to
  obtain the information necessary for an Emergency
  Detention If you are the credible source, you can
  not remain anonymous
• Often the officer prefers to speak to the
  consumer directly
• Unless unsafe, you should allow this to occur

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Example

• 1. Thank the Officer for coming
• Suggested
• Thank you so much for coming out here Officer, I
  could really use your help.
• Discouraged
• Gosh weve been waiting over 2 hours, thank God
  you finally got here!

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Helpful Tips

• 2. Introduce yourself and your role
• Suggested
• Hi my name is Jeanie Paradise. Im the
  administrator in charge for the unit and this is
  Sally. What was your name officer? And can I
  please get your badge number for my records?
• Discouraged
• You need to do an emergency detention on her and
  transport her to the hospital its 500 and we
  are about to close the clinic.

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Example

• Explain the situation and how you need his/her
  help. Be factual, concise and honest. Stay
  focused on the individuals needs and acuity not
  whos right or whos wrong.
• Suggested
• Im hoping youll consider an Emergency
  Detention for Sally as I believe she is a danger
  to herself. She came in today and told me she
  wanted to kill herself. She said she would go
  home and take all of her medication which she has
  stored up for several months. Yesterday, her
  husband filed for divorce. Im worried about her
  safety and she does not want to go to the
  hospital.

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Example

• Suggested
• Ive contacted the private hospital who has
  agreed to evaluate the consumer. Im just really
  concerned that she will not make it there. Im
  worried she will wreck her car since she is so
  upset. I dont believe it is safe for me to
  drive her since Im worried she will try and jump
  out of the car or that she will change her mind
  once we get there and not sign in.
• Again, focus on acuity and the consumers needs.

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Hesitant Officer?

• Sometimes despite what you believe clinically,
  the officer does not see for him/herself.
• In Texas, only a licensed peace officer or a
  Magistrate Judge can issue an Emergency Detention
  but they can use you as a credible source if they
  do not see the behavior themselves. Ask the
  officer to consider using you as the credible
  source for his emergency detention.
• Ask politely for the officer to consider
  consulting with their supervisor .

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Asking for a supervisor

• Suggested
• Would you consider contacting your supervisor on
  this to get his/her opinion on what we should do
  because I know Im going to have to contact my
  supervisor? Im just concerned about the
  consumers safety.
• This is not the time to threaten to report the
  officer. There is still time to use your
  negotiation skills.

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If you still disagree

• Try asking to speak to the officers supervisor
  yourself.
• Tread lightly and continue to negotiate.
• Stay focused on the individuals safety (acuity
  symptoms) and not your own needs, (such as the
  office is closing in 5 minutes, or your own ego).
• Document the outcome with the officer well.
  Inform the officer that you may need to call the
  officer back or call the dispatch office back for
  further assistance.
• Professionally inform the officer and his
  supervisor that you will be documenting the
  outcome and that it did not support your clinical
  recommendation.

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573.001. APPREHENSION BY PEACE OFFICER WITHOUT
WARRANT.

• has reason to believe and does believe that (A)
  the person is mentally ill and (B) because of
  that mental illness there is a substantial risk
  of serious harm to the person or to others unless
  the person is immediately restrained and (2)
  believes that there is not sufficient time to
  obtain a warrant before taking the person into
  custody. (b) A substantial risk of serious harm
  to the person or others under Subsection
  (a)(1)(B) may be demonstrated by (1) the
  person's behavior or (2) evidence of severe
  emotional distress and deterioration in the
  person's mental condition to the extent that the
  person cannot remain at liberty. (c) The peace
  officer may form the belief that the person meets
  the criteria for apprehension (1) from a
  representation of a credible person or (2) on
  the basis of the conduct of the apprehended
  person or the circumstances under which the
  apprehended person is found. (d) A peace officer
  who takes a person into custody under Subsection
  (a) shall immediately transport the apprehended
  person to (1) the nearest appropriate inpatient
  mental health facility or (2) a mental health
  facility deemed suitable by the local mental
  health authority, if an appropriate inpatient
  mental health facility is not available. (e) A
  jail or similar detention facility may not be
  deemed suitable except in an extreme emergency.
  (f) A person detained in a jail or a nonmedical
  facility shall be kept separate from any person
  who is charged with or convicted of a crime.

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Contact Information

• Jeanie Paradise
• jparadise_at_chcsbc.org
• 210-225-5481