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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

        Deputy Toni Stanfield-Mims
         Bexar County Sheriff’s Office
         International CIT Conference
                   Vegas 2012


   Reference: Texas Commission on Law Enforcement
      Officer Standards and Education (TCLEOSE)
   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.
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
                                                            TCLEOSE
   Timely and effective screening process
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 consumer’s
    release from jail.
TCLEOSE




   People with mental          People with MI should
    illness who commit           not be arrested
    crimes with criminal         because of their
    intent, unrelated to         mental disorder
    symptoms of mental          They should not be
    illness should be held
    accountable for their        detained in jails or
    actions as would             prisons longer than
    anyone else.                 others because of
                                 their illness.
Jail Diversion Concepts Facts:
   Calls for police           TCLEOSE
    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
          Jail Diversion Benefits:
   Decriminalization of         Length of stay in jails
    persons with mental           shortened in lieu of
    illness                       increased access to
   The problem of over           treatment
    representation of            Violence and
    people with mental            victimization is
    illness in the criminal       reduced
    justice system is            Costs incurred by
    addressed                     taxpayers when a
   Reduced                       person with a mental
    hospitalization               illness is arrested,
   Increased public              incarcerated, and/or
    safety                        hospitalized are
                                  addressed.
Law Enforcement                   Mental Health
   TCLEOSE

Works With:      Perpetrators, Defendants       Patients, Clients or Consumers
                          and Offenders

Institutions:    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 in 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
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          understand 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.
TCLEOSE
                     Biases
   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”.
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
                   incarcerated…CJ/MH
                   consensus project
TCLEOSE


    First step to successful collaboration:

   Desire to work together on solutions.
13
TCLEOSE




  Collaboration:
 Perhaps   the most
 difficult challenge
 is a willingness to
 give up some           Time
 degree of control
 to allow for real      Commitment
 collaboration.         Risk
Re-enactment Training Video
Strategic Helpful Tip:

Ultimate goal: serving the
 individual!

Put the person’s needs before
 your own.
Once you have offended an officer
 how likely is he/she going to help?

 Set your own ego aside
 Ask for the Officer’s 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
 It’s best to use the art of suggestion
Helpful Tip:


Always get the Officer’s name and
badge number at the beginning of
the conversation rather than after
you’ve disagreed with him or her.
What happens after you’ve 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 Officer’s 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
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 Sheriff’s 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
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
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 we’ve been waiting over 2 hours, thank
   God you finally got here!”
Helpful Tips:
2. Introduce yourself and your role
Suggested:
“Hi my name is Jeanie Paradise. I’m 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 it’s 5:00 and
  we are about to close the clinic.”
Example:
Explain the situation and how you need his/her help. Be
    factual, concise and honest. Stay focused on the
    individual’s needs and acuity not who’s right or
    who’s wrong.
Suggested:
“I’m hoping you’ll 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.
    I’m worried about her safety and she does not want
    to go to the hospital.”
Example:
Suggested:
“I’ve contacted the private hospital who has
   agreed to evaluate the consumer. I’m just
   really concerned that she will not make it
   there. I’m worried she will wreck her car
   since she is so upset. I don’t believe it is safe
   for me to drive her since I’m 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 consumer’s
   needs.
Hesitant Officer?
   Sometimes despite what you believe clinically, the officer
    may want to see the conduct for him or 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 .
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 I’m going to have
    to contact my supervisor? I’m just concerned
    about the consumer’s safety.”

   This is not the time to threaten to report the
    officer. There is still time to use your
    negotiation skills.
If you still disagree
   Try asking to speak to the officer’s supervisor yourself.

   Tread lightly and continue to negotiate.

   Stay focused on the individual’s 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.
Avoid getting to this point
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.
Contact Information
 Jeanie Paradise
 jparadise@chcsbc.org
 210-225-5481

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Using the right language when enlisting the help (2)vegas no videofinal

  • 1. 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 Deputy Toni Stanfield-Mims Bexar County Sheriff’s Office International CIT Conference Vegas 2012 Reference: Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE)
  • 2. 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.
  • 3. 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 TCLEOSE  Timely and effective screening process
  • 4. 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 consumer’s release from jail.
  • 5. TCLEOSE  People with mental  People with MI should illness who commit not be arrested crimes with criminal because of their intent, unrelated to mental disorder symptoms of mental  They should not be illness should be held accountable for their detained in jails or actions as would prisons longer than anyone else. others because of their illness.
  • 6. Jail Diversion Concepts Facts:  Calls for police TCLEOSE 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.
  • 7. TCLEOSE Jail Diversion Benefits:  Decriminalization of  Length of stay in jails persons with mental shortened in lieu of illness increased access to  The problem of over treatment representation of  Violence and people with mental victimization is illness in the criminal reduced justice system is  Costs incurred by addressed taxpayers when a  Reduced person with a mental hospitalization illness is arrested,  Increased public incarcerated, and/or safety hospitalized are addressed.
  • 8. Law Enforcement Mental Health TCLEOSE Works With: Perpetrators, Defendants Patients, Clients or Consumers and Offenders Institutions: 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 in 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
  • 9. 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 understand 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.
  • 10. TCLEOSE Biases  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”.
  • 11. 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 incarcerated…CJ/MH consensus project
  • 12. TCLEOSE First step to successful collaboration:  Desire to work together on solutions.
  • 13. 13
  • 14. TCLEOSE Collaboration:  Perhaps the most difficult challenge is a willingness to give up some  Time degree of control to allow for real  Commitment collaboration.  Risk
  • 16. Strategic Helpful Tip: Ultimate goal: serving the individual! Put the person’s needs before your own.
  • 17. Once you have offended an officer how likely is he/she going to help?  Set your own ego aside  Ask for the Officer’s 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  It’s best to use the art of suggestion
  • 18. Helpful Tip: Always get the Officer’s name and badge number at the beginning of the conversation rather than after you’ve disagreed with him or her.
  • 19. What happens after you’ve 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 Officer’s 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
  • 20. 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 Sheriff’s 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
  • 21. 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
  • 22. 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 we’ve been waiting over 2 hours, thank God you finally got here!”
  • 23. Helpful Tips: 2. Introduce yourself and your role Suggested: “Hi my name is Jeanie Paradise. I’m 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 it’s 5:00 and we are about to close the clinic.”
  • 24. Example: Explain the situation and how you need his/her help. Be factual, concise and honest. Stay focused on the individual’s needs and acuity not who’s right or who’s wrong. Suggested: “I’m hoping you’ll 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. I’m worried about her safety and she does not want to go to the hospital.”
  • 25. Example: Suggested: “I’ve contacted the private hospital who has agreed to evaluate the consumer. I’m just really concerned that she will not make it there. I’m worried she will wreck her car since she is so upset. I don’t believe it is safe for me to drive her since I’m 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 consumer’s needs.
  • 26. Hesitant Officer?  Sometimes despite what you believe clinically, the officer may want to see the conduct for him or 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 .
  • 27. 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 I’m going to have to contact my supervisor? I’m just concerned about the consumer’s safety.”  This is not the time to threaten to report the officer. There is still time to use your negotiation skills.
  • 28. If you still disagree  Try asking to speak to the officer’s supervisor yourself.  Tread lightly and continue to negotiate.  Stay focused on the individual’s 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.
  • 29. Avoid getting to this point
  • 30. 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.
  • 31. Contact Information  Jeanie Paradise  jparadise@chcsbc.org  210-225-5481

Editor's Notes

  1. Instructor Note: Discuss the chart depicting mental health and law enforcement professionals differing points of view.