FASD and the Criminal Justice System: Transnational Research

Patrick McGee spoke with Damien Carrick on the Law Report on RN, Radio Australia, ABC News Radio on November 10, 2015 about the treatment of offenders with FASD in the Australian court system. The episode, entitled “Indigenous Prisoners and FASD” is available from the ABC RN website and offers insight into the growing awareness about FASD in the criminal justice system in Australia. The conversation is partially based on a recent study headed by Dr. Eileen Baldry (University of New South Wales) in which she found that Indigenous Australians with disabilities are often caught in the criminal justice system due to a lack of appropriate support systems. McGee asserts that the criminal justice system is ill-prepared to handle offenders with disabilities. He acknowledges that there are more effective ways of managing this issue, but that they are at the levels of intervention and diversion programs, as well as finding ways to encourage jurisdictional cooperation between disability services and the justice system. McGee points out that this is an issue that has emerged in Canada and the United States as well, but he feels that Australia has fallen behind in terms of awareness and responses. Listen to the episode at http://www.abc.net.au/radionational/programs/lawreport/indigenous-prisoners/6923270#transcript.

This issue was also recently addressed within the Canadian context at a conference in Regina, Saskatchewan on November 17, 2015. A panel comprised of Saskatchewan-based professors including Michelle Stewart, Robert Henry, and Jason Demers discussed incarceration rates in Canada. Indigenous offenders and offenders with FASD were specifically discussed, as were community-based alternative options to incarceration. International awareness of the intersection of FASD and the criminal justice system is growing; however, strategies for alternative treatments and programs are broadly being developed in response. Check out the LeaderPost article “Aboriginal incarceration up 47 per cent at Canada’s federal prisons” and see for yourself (http://www.leaderpost.com/health/aboriginal+incarceration+cent+canada+federal+prisons/11384178/story.html).

Ali McCudden December 19, 2015

“Dispensers at Yukon College, Dirty Northern pub”

“Dispensers at Yukon College, Dirty Northern pub”

CLICK HERE TO ACCESS THE ARTICLE

By: Philippe Morin, CBC News, 29 March 2015

Accessed on: 29 March 2015

Commentary by: Sarah Cibart

A few weeks ago Whitehorse became home to a research project out of the University of Alaska Anchorage. The project, funded by the Fetal Alcohol Syndrome Society Yukon (FASSY), focuses on Fetal Alcohol Spectrum Disorder (FASD. A major part of the project involves pregnancy test dispensers in washrooms meant to encourage women to ensure they are not pregnant before they consume alcohol. The second piece of this project aims to provide women with education and support surrounding pregnancy and alcohol consumption. The dispenser with pregnancy tests also has a QR Code (smartphone scanner) which links to FASD resources and a survey. If the women complete the survey, they are entered to win a $15 iTunes gift card.

In this article the interviewer speaks with Jessica Fulmer, who lives with Fetal Alcohol Spectrum Disorder and is a mother herself. Fulmer states that she would have found it much easier to take a pregnancy test in college had the washrooms offered an accessible, affordable, and discreet dispenser. “It is scary to learn you are pregnant”, said Fulmer, “this is one thing that will help break the stigma.”

Wendy Bradly, Director of FASSY, says the pregnancy test dispensers help normalize the process of testing for pregnancy. It is her hope that these dispensers become as normalized as condom dispensers in public washrooms. New and innovative methods of surveying ways to support women in FASD prevention are both valuable and groundbreaking.

FASD & the Law: Free Workshop – March 2015

February Update:

This will be a pre-conference event prior to 6th International Conference on FASD called “Research: Results and Relevance 2015” that is being held March 4-7 in Vancouver B.C. The pre-conference session on FASD & the Law will feature upwards of 20 short presentations. We are currently finalizing the schedule of speakers but emerging themes currently include: justice and law, corrections and incarceration, research and training, as well as family and care providers’ perspectives on justice encounters. We will have a complete list of speakers and schedule available in late January so stay tuned. This event is free and is open to the public. We do ask that you register for the event by contacting: faslaw@uw.edu Please share this event with your contacts and we hope to see you in Vancouver in the Spring!  See the preliminary schedule below – and register today! Please share with contacts and check out the facebook page by clicking here.

FASD & The Law:

Continuing the Conversation about Current Research, Best Practices & Ethical Considerations

Welcome

Registration and Coffee—8:00am to 8:15am

Welcome and Opening Comments (Fia Jampolsky, Kathryn Kelly & Michelle Stewart)—8:15am to 8:30am

Session I

FASD, Mental Health & Wellness Courts—8:30am to 9:15am

·       Judge Toth (Canada), Just Do It: How to Start a FASD Court Without Resources and Actually Get Something Done

·       Suzie Kuerschner (Canada), Wellness Court & Sentencing Plans for Defendants Living with FASD

·       Kelly Rain Collins (USA), Juvenile Mental Health Court

 

FASD in the Courts—9:15am to 10:15am

·       Judge Jeffrey (USA), TBD

·       Judge Wartnik (USA), FASD: Perseveration and Being “Bored”

·       Frances Gordon (Canada), FASD and the Principles of Sentencing: A Turn in the Road since R v Charlie

·       Magistrate Crawford (Australia), TBD

BREAK—10:15am to 10:30am

Thinking with Families and Youth about FASD and the Law—10:30 to 11:15am

·       Dorothy Reid, Canada FASD Research Network (Canada), Don’t Forget About Us: A Family’s Perspective on FASD and the Law

·       Dr. Lori Cox (Canada), The Nogemag Healing Lodge: Working with Youth and Families with FASD

·       Kee Warner & Deb Evenson (Canada), Not The Same Old Kettle of Fish: Communicating for Comprehension

 

Discussion Session One: Ethical Considerations—11:15am to 12:00pm

Presentation:

Dr. Amy Salmon (Canada), Engaging the Criminal-Legal System in FASD Prevention: Current Debates and Implications for Reproductive Justice

Audience and Panelists Discussion Hosted by: Fia Jampolsky

·       Emerging & best practices regarding FASD in the legal system

·       Ethical issues raised in these practices and possible remedies

 

LUNCH—12:00pm to 1:00pm

SESSION II

 

Youth Interventions—1:00pm to 2:00pm

·       Dr. Christina Chambers (USA), Screening for FASD among Juvenile Detainees in San Diego

·       Dr. Maya Peled (Canada), Breaking Through the Barriers: Supporting Youth with FASD Who had Substance Abuse Challenges

·       Dr. Steven Youngentob (USA), Prenatal Alcohol Exposure: The Role of Chemosensory Fetal Programming in Adolescent Alcohol and Nicotine Acceptance.

·       Richard Willier (Canada), FASD and Youth Diversions

Education and Justice Outreach—2:00pm to 2:30pm
· ·       Heather Jones (Australia) Developing FASD Educational Interventions for Justice Professionals

·       Dr. Michelle Stewart (Canada) Managing Expectations: Frontline Police Perspectives and the Limits of FASD Training

 

BREAK—2:30pm to 2:45pm

 

Discussion Session Two: Prevalence—2:45pm to 3:30pm

Presentation:

Dr. Kaitlyn McLaughlin (Canada), TBD

Discussion Host: Kathryn Kelly

·       What is at stake in prevalence studies?

·       What are some of the practices being used to establish prevalence?

Assessment and Assistance—3:30pm to 4:00pm

·       Betty Lou Benson (Canada) TBD

·       Lisa Bunton, (Canada), Providing Services to Offenders with FASD: Challenges and Successes (pending approval)

Discussion Session Three: Looking to the Future—4:00pm to 4:30pm

Audience and Panelists Discussion Hosted by: Michelle Stewart

·       What is on the horizon in the fields of FASD & the Law?

·       What are the research needs in these fields?

*Note: this is a preliminary schedule and is subject to change. Registration required. Contact faslaw@uw.edu.

CAMP UNITY: Help for children with Fetal Alcohol Spectrum Disorder

CLICK HERE TO ACCESS ARTICLE: CAMP UNITY: Help for children with Fetal Alcohol Spectrum Disorder

By: Michelle Ruby, Brantford Expositor, 21 July 2014

Accessed on: 25 July 2014

Commentary by: Krystal Glowatski

While the discussions around prevention are more popular than ever, one initiative is focusing on intervention. In Brantford, ON Camp Unity is being offered for the fourth summer. The camp takes in youth ages six to 18 who live with cognitive disabilities such as FASD. The overall goal of the camp is to fill the gap in learning caused by the summer break.

Campers do not have to be diagnosed to participate in the camp, although camp director Nicole Schween states that approximately half of the campers are diagnosed, while many display other problematic symptoms associated to FASD such as ADHD, learning disabilities, and behavioural issues.

The camp features lessons in an informal manner such that campers don’t necessarily realize they are “learning.” Many life skills are taught such as how to use technology, cooking, gardening, arts and crafts, and physical activities. From personal discussions with CBO workers in the world of FASD, it sounds like the campers strengths are being identified, rather than their weaknesses – an effective strategy that has been recommended time and again.

Additionally, the camp feature signs such as caution tape and stop signs, providing clear direction to campers. There is also a room where campers can go to calm down. While this space isn’t described in detail, to be effective with a child living with FASD, such a room should be minimal in stimuli.

While prevention is an important aspect in the approach to FASD, there is no way to 100% prevent FASD in today’s society. Initiatives like this are extremely important in helping those who do have FASD. The event hosted by Dr. Michelle Stewart that was held in Regina, SK in April 2014 focused on how to work with those who have FASD. We will soon be releasing the final report from the workshop titled “FASD at the Frontline: Dialogue and Strategies for New Outcomes,” which will feature many recommendations brought forth by our presenters and participants at this event. If you work at the frontline or know someone living with FASD, stay tuned for an informational and useful final report coming soon!

Roseanne Fulton free on bail after assault

CLICK HERE TO ACCESS ARTICLE: Roseanne Fulton free on bail after assault

Yahoo! 7 News, 11 July 2014

Accessed on: 18 July 2014

Commentary by: Jeanelle Mandes

Rosie Fulton, from Alice Springs – the largest town in the Northern Territory in Australia, was incarcerated in an Australian prison for crashing a stolen vehicle.

She “was deemed unfit to stand trial because she has fetal alcohol syndrome disorder (FASD) and the mental age of a young child.”

Although it doesn’t specify if her FASD diagnosis was addressed or not, it makes you wonder about issues of vulnerability those with FASD face when it comes to crime.

According to a FASD online fact sheet, “People with FASD generally have problems understanding abstract concepts such as money or law. Theft of money is different to a person who is able to understand the value of money.”

“This difficulty with abstraction means that many persons with FASD cannot adequately imagine or consider the future. This places them at risk during stages of court processing, such as plea-bargaining, sentencing or a parole hearing, not to mention in their everyday life.

“FASD also increases vulnerability to manipulation and coercion because they want to please those they perceive to be in positions of authority.”

After reviewing the fact sheet and the news source, it indicates how some people with FASD can be easily intimidated by others. It’s unfortunate society takes advantage of those who have FASD looking at them as puppets on a string.

In situations such as Rosie Fulton, it is such a sad reality that she was sent to a prison because the Australian legal system didn’t have a place for her that met her needs. But there are people like the 120,000 who signed a petition to free Fulton that show the support and understanding of FASD.

 

Click here to see a CBC video called “Justice for people with FASD who commit crimes”.

Free pregnancy tests in bars an effort to curb Alaska’s FASD rates

CLICK HERE TO ACCESS ARTICLE: Free pregnancy tests in bars an effort to curb Alaska’s FASD rates

By: Charlo Green, KTVA Alaska, 20 June 2014

Accessed on: 17 July 2014

Commentary by: Jeanelle Mandes

Last month, Charlo Greene published an article about approaching the prevention of Fetal Alcohol Syndrome Disorder (FASD) using a different method. The University of Alaska Anchorage (UAA) Institute for Circumpolar Health Studies came up with an idea to introduce pregnancy tests in Alaskan bars. Alaska has a high rate of FASD and with this idea; they hope this technique will bring awareness to women who consume alcohol.

Janet Johnstone, with the UAA Institute for Circumpolar Health Studies, believes this approach may help women to think twice when about to consume alcohol if they may be pregnant.

“If someone is drinking at a bar and they see the test, they may just think about it a little more. Also if someone takes the test and finds out they’re pregnant, that hopefully will also have an effect on their drinking,” said Johnstone.

Not only will pregnancy test dispensers be available in bars, but there will also be posters with warning messages will be put up in some restaurants and bars.

With these two methods, there will be surveys provided for women to answer questions about the warning techniques. With the gathered data, the researchers will be able to gain a picture of which system reached out to the women best.

The bars and restaurants will start seeing these by the end of the year and the researchers will expect to have the outcomes within two years.

Others may wonder if these approaches are worth the effort but in a state with a high rate of FASD, many may think any technique is better than no technique.

News Coverage – FASD at the Frontline: Dialogue and Strategies for New Outcomes

News Coverage – FASD at the Frontline: Dialogue and Strategies for New Outcomes

Alas – the training and workshop are done and I have a moment to write a blog! Let me begin by saying thank you to everyone who made the FASD events possible – the presenters, the University of Regina President Vianne Timmons, the Honourable Minister June Draude, the volunteers, and certainly not least, the participants. It’s the frontline workers who listened, absorbed, and now carry the messages that were sent during these events.

We’ve had incredible feedback about strategies that were never considered and local resources that were unknown. One of my favourite comments was along the lines of, “It’s nice to know other people are going through the same struggles as I am.” I hope the events held at the University of Regina on April 22 and 23 opened doors for those of you who attended. Frontline workers now have a little bit more in their toolkit to help themselves and each other in their daily work with clients that have FASD.

We are in the beginning stages of sorting through material – surveys, student notes, breakout session materials, and tabletop discussions. We will be aggregating this material, along with local resources, and speaker presentations to create a final report. This report will hopefully provide you with another avenue of resources, tools, and contacts that will assist you in working with individuals with an FASD.

Please feel free to email us at: fasd.research.project@uregina.ca. We’d love to hear your feedback, comments, questions, and concerns about the training, the FASD public event, and the workshop. We would like to build in a section of participant reflections in the final report, and your comments would help!

Click here for video coverage of the workshop, as well as an interview with Cheryl Charron from the Regina Community Clinic.

To read an interview with Dr. Michelle Stewart about the FASD events and her research, click here.

– Krystal Glowatski

Whitehorse Celebrates New Affordable Housing

Whitehorse Celebrates New Affordable Housing

By: Marketwired, 19 Feb 2014

Accessed on: 20 Feb 2014

Commentary by: Krystal Glowatski

In a show of support and recognition of those living with FASD, a new secure living complex has been opened in Whitehorse, Yukon.  This initiative was led by the Options for Independence Society, and supported/funded by the Canadian Government, the Yukon Government, and many community partners.

“This facility will provide a safe environment for some of our most vulnerable citizens who face real challenges.  I am happy that as a government we are able to assist more people who are in need of this type of support,” said Minister of Health and Social Services, Doug Graham.  “The opening of the new building also demonstrates this government’s commitment to providing services to those in need in this community.”

Many key partners funded this project, and the result is 14 new housing units for individuals affected by FASD.  Once safe and affordable housing is achieved for individuals with FASD, the focus can shift to their more pressing needs (for example connecting to community resources).

Just released: The international charter on prevention of fetal alcohol spectrum disorder

Just released: The international charter on prevention of fetal alcohol spectrum disorder

Accessed on: 27 Feb 2014

Commentary by: Krystal Glowatski

While this isn’t a news article – this is ‘FASD in the News’ at it’s best!  Just released yesterday is the International Charter on Prevention of Fetal Alcohol Spectrum Disorder.  If you have any interest at all in FASD, I urge you to read this short article.  It highlights every point and argument I can think of surrounding FASD.

Since I can’t say it better, I’m going to provide you with a few of my favourite lines and leave the rest up to you:

 

“Fetal alcohol spectrum disorder is a serious health and social problem, as well as an educational and legal issue, which affects individuals, families, and societies worldwide.”

“Although maternal alcohol consumption during pregnancy is the direct cause of fetal alcohol spectrum disorder, many underlying causes exist for drinking during pregnancy.”

“The perception that fetal alcohol spectrum disorder is affected only by a woman’s choices is a major barrier to effective prevention efforts. Men also have a responsibility.”

“Although public knowledge of fetal alcohol spectrum disorder is high in some countries, it is very low worldwide.”

“Informative materials about fetal alcohol spectrum disorder in regionally-specific languages, and that are relevant to local cultures and systems, are needed.”

 

If this doesn’t get your interest, I don’t know what will.  Please – read, comment, share!  This is a very exciting moment in the world of FASD research and practice.

Lives and crimes: Kids who suffer foetal alcohol spectrum disorder

Lives and crimes: Kids who suffer foetal alcohol spectrum disorder

By: Patrick Begley, The Sydney Morning Herald, 16 Feb 2014

Accessed on: 20 Feb 2014

Commentary by: Krystal Glowatski

While this article is focused on FASD in the Australian context, the author does an excellent job of outlining some of the issues FASD presents for clients and professionals in the justice system.

Australian FASD experts have claimed their country is about 20 years behind Canada in the recognition of FASD.  Many justice professionals still are not aware of the disorder or how it impacts the justice system experience.  This is a timely piece, as we are soon hosting a workshop targeted toward helping front-line workers (i.e., justice professionals, social workers, and those who work in community-based organizations) strategize effective ways to work with clients who have FASD and available resources to proceed with this work.

Some of the issues associated with FASD, as outlined in this article are: lack of patience, impulsivity, issues with memory/event recall, and short attention span.  Consequently, this may result in repeatedly breaking the law, lack of understanding action and consequence, false confessions, and the possibility of easy manipulation.

The author of this article points out a number of times that FASD is indeed brain damage – something that doesn’t seem to be expounded on nearly enough in my opinion.  Let me say it again, FASD is a brain injury.  This means that while some people display the physical attributes associated to the disorder (such as small stature, small eyes, a thin top lip, etc.), many individuals with FASD do not present at all.  However, this doesn’t mean they don’t suffer in terms of mental abilities.  If someone is in an accident and suffers an ABI (acquired brain injury), you can see how they may be affected by the injury cognitively and behaviorally.  It is the same with individuals who have FASD – they essentially have a brain injury – it’s just that the brain was injured during prenatal development.

The author also refers to FASD as “the hidden harm.”  In other words, this disorder may often be mistaken for other disorders such as autism or ADD.  I know from speaking with professionals in the field that misdiagnosing FASD is perhaps one of the worst things that could happen to the individual with FASD.  The treatment and practices surrounding FASD are much different than those associated to autism or attention deficit disorders, and could actually be harmful to the individual who has been misdiagnosed.  Furthermore, a misdiagnosis may mean the individual never receives an accurate diagnosis.

Australia has set aside government funds to approach FASD, however, as this article discusses, it’s unclear how they are going to go about using the funds.  Some say there’s too much focus on prevention (something I believe I have stated in previous blog posts on this site), and not enough allocation or attention to those who already have FASD – we cannot forget about these individuals.

While this has been a lengthy post, I really encourage you to read the article itself.  The author, along with the subject matter experts, have done a wonderful job of summarizing the impacts of FASD on the justice system – both for justice professionals and for the clients who are affected by FASD.