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

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.

Group of lawmakers fighting fetal alcohol syndrome

Group of lawmakers fighting fetal alcohol syndrome

By: Matt Buxton (Fairbanks Daily News: Newsminer.com), 3 Feb 2014

Accessed on: 3 Feb 2014

Commentary by: Krystal Glowatski

A group of lawmakers in Alaska have “declared war on fetal alcohol syndrome.”  The new public health campaign known as “Empowering Hope” consists of a variety of members: Kelly, Sen. Anna Fairclough, R-Eagle River, former Doyon executive Norm Phillips, Alaska Mental Health Trust Authority CEO Jeff Jessee, University of Alaska President Mark Hamilton, retired Superior Court Judge Niesje Steinkruger, Val Davidson of the Alaska Native Tribal Health Consortium and former Rep. Reggie Joule.

One of the initiatives the group hopes to instate is “natural responders” within rural communities.  These people would “serve as a rural community’s first responder to help keep a pregnant woman from endangering her unborn child with alcohol.”  Touching on a previous blog I wrote in February, the group will also initiate an awareness campaign to make women aware of the dangers of drinking while pregnant.

Kelly states, “this approach — having and [sic] end-goal of eradicating the problem — is a much-needed departure from traditional thinking.”  I think the widespread, common goal already focuses on eradication, based on all of the talk of prevention across the country, and indeed, internationally.  It will be interesting to see what the following weeks will bring in terms of information on “Empowering Hope’s” plan for the short and long-term.  Perhaps there will be some innovative approaches coming out of Alaska in the near future.

Helping young adults with neurodevelopmental disabilities: IRCM ethics experts study the transition from paediatric to adult health care services

Helping young adults with neurodevelopmental disabilities: IRCM ethics experts study the transition from paediatric to adult health care services

By: CNW: A PR NEWSWIRE COMPANY, 3 Feb 2014

Accessed on: 3 Feb 2014

Commentary by: Krystal Glowatski

I am posting a second news blog this week.  I think it’s a timely piece to complement the interview on Regina Community Radio 91.3 FM CJTR, Listen Up program that aired live on Tuesday, February 4.  While Cheryl Charron and Karen Cooper of the Regina Community Clinic touched on a broad range of topics relating to FASD, they are indeed a health clinic, likely helping clients face challenges such as the ones in this article.

Those of you who work in FASD client services and support sectors will be interested to read this.  I know from speaking with professionals working with FASD clients, that the transition from child/youth to adult status is difficult for clients in many regards, such as health care, financial supports, and assumed independence.  This article outlines the difficulties experienced in terms of the health care transition.  In other words, clients with FASD move from a paediatric health care setting into an adult health care system in which privacy is revered, appointments must be kept, and guardians are left standing on the sidelines with little to no ability to help the person with neurodevelopmental challenges.

As Dr. Racine, Director of the Neuroethics research unit at the IRCM contends, “Health care transition is a crucial process in the lives of youth with neurodevelopmental disabilities and their parents…  Transition challenges are likely to be greater among these adolescents because of the complexity of their health care needs and the stigma associated with physical and intellectual disabilities that may accompany their disorders.  Some individuals believe they were suddenly removed from paediatric care and thrust into a foreign system for which they had not been adequately prepared.”

The authors of the study go on to discuss their recommendations for amending this situation.  One such suggestion is to allow flexibility in the age requirement for transition from child to adult health care systems such that the individual is sufficiently developmentally prepared for that transition, as opposed to forcing the transition based on an arbitrary age.

This research was funded by the Canadian Institutes of Health Research and the Fonds de recherche du Québec – Santé.  To access the academic journal article please visit: http://www.pulsus.com/journals/abstract.jsp?sCurrPg=abstract&jnlKy=5&atlKy=12663&isuKy=1192&isArt=t&fromfold=Current+Issue&fold=Abstract

 

 

FASD requires more than talk

FASD requires more than talk

By: The StarPhoenix, 22 Jan 2014

Accessed on: 23 Jan 2014

Commentary by: Krystal Glowatski

As a follow-up to the meeting of FASD experts in Saskatoon in mid-January to discuss the issue of FASD in Saskatchewan, The StarPhoenix ran a story titled, “FASD requires more than talk.”

The story outlines the preventable nature of FASD, but also sets the stage for the limitations on prevention as a solution to FASD.  While the solution seems simple – don’t drink while you’re pregnant and you will not produce a child with FASD – there are limitations on the controls government can place over women’s rights when it comes to their bodies.

The article states, “A 1997 Supreme Court decision made it clear… that governments have limited powers in forcibly preventing pregnant women from drinking or having them take solvent-abuse prevention programs in the guise of protecting the fetus.  Women in Canada have the right to control what’s done to their bodies even if society disagrees with how they exercise that right.”

For example, as this article points out, there are many awareness campaigns out there, informing women and girls of the dangers of drinking alcohol while pregnant.  This is an excellent initiative – for some women.

The problem, however, is that while women do not wish harm on their babies, there are issues that need to be addressed which extend beyond awareness.  For example, women often do not know they are pregnant for the first while – something that is often mentioned at conferences on FASD and by advocates promoting prevention through abstaining from alcohol altogether.  If you recall a news blog I wrote in early January about pregnancy test dispensers being placed in pubs, the goal of these dispensers is to offer awareness to women going out for drinks.  By taking a pregnancy test at the earliest possible moment, women can cease drinking immediately, thus reducing the potential harm to their fetus.  However, some women may be struggling with alcohol and other addictions.  The initiative is an inventive one for certain, but I hope there will be further focus on other issues causing FASD – issues such as addiction, trauma, poverty, abuse, and the effects of colonialism.

As the final passage of this article states, “It is the responsibility of governments to try to address the social problems at the root of these issues, including making sure that women have the financial security to take control of their lives.  It may not be cheap, but it costs society less in the long run than dealing with FASD victims for their entire lives.”

Fetal Alcohol Spectrum Disorder experts meet in Saskatoon: Discuss ways to prevent Canadian women from drinking while pregnant

Fetal Alcohol Spectrum Disorder experts meet in Saskatoon: Discuss ways to prevent Canadian women from drinking while pregnant

By: Bre McAdam (News Talk 980 CJME), 20 Jan 2014

Accessed on: 20 Jan 2014

Commentary by: Krystal Glowatski

This week, a two-day meeting in Saskatoon, Saskatchewan was held where FASD experts discussed prevention of FASD in the province.  The experts addressed what has been done in terms of FASD prevention over the past 10 years and worked on a plan for the next decade.

The Canada FASD Research Network estimates that there are 55,708 people in Saskatchewan who might have FASD.  Minister of Social Services, June Draude, states that each of those individuals cost approximately $1.5 million in terms of health care, education, and corrections.  She states that, “…more importantly it has an impact on society as a whole.  The human cost within the family, within the community and within that child.”

Jocelynn Cook, executive director of the Canada FASD Research Network, explained the need to focus on “risky drinking.”  Draude elaborated that there needs to be support for mothers and pregnant women with alcohol addictions, such as detox and providing doctors with the proper information to provide to their patients.

These suggestions come on the heels of recent reports from the Center for Disease Control and Prevention (CDC) that doctors do not often ask their patients about alcohol use.  The CDC states that it’s time for a change, as the risks associated with alcohol consumption can be many and in some cases, severe.  For more on that story visit: http://www.cdc.gov/vitalsigns/alcohol-screening-counseling/

This article supports my commentary from last week, in that there’s often a heavy focus on prevention.  Don’t get me wrong, prevention, if successful, would be the best way to eventually eliminate FASD.  But there are still people in this province – approximately 55,708 people according the Canada FASD Research Network – who may be effected by this disorder and we need to include solutions to these individuals’ plights as well.

Prenatal Exposure to Alcohol Disrupts Brain Circuitry: No Safe Level of Drinking During Pregnancy, Neuroscientist Says

Prenatal Exposure to Alcohol Disrupts Brain Circuitry : No Safe Level of Drinking During Pregnancy, Neuroscientist says

From: Science Daily (December 3, 2013) (Accessed December 6, 2013).

Commentary by Krystal Glowatski 

Despite recent research out of Europe contending that consuming alcohol during pregnancy does not have negative effects on children, this study argues quite the opposite.  What this issue really boils down to is the fact that while sometimes alcohol may effect a fetus, other times it may not – but why risk it?  We still do not know the full range of effects alcohol can have, the amount of alcohol (if any) that can be deemed “safe” during pregnancy, which term of pregnancy is most susceptible to the effects of alcohol, nor if certain types of alcohol have a larger impact than others.

Stated quite simply, and conservatively: “If you consume alcohol when you are pregnant you can disrupt the development of your baby’s brain,” said Kelly Huffman, assistant professor of psychology at UC Riverside and lead author of the study.  While drinking during pregnancy does not necessarily indicate the presence of FASD, drinking while pregnant does change the structure of the brain.  Perhaps one of the most straightforward statements on drinking while pregnant I have ever heard was stated in this article: “Would you put whiskey in your baby’s bottle? Drinking during pregnancy is not that much different…  If you ask me if you have three glasses of wine during pregnancy will your child have FASD, I would say probably not. If you ask if there will be changes in the brain, I would say, probably. There is no safe level of drinking during pregnancy.”

The fact that even minimal drinking can change the brain’s structure is powerful enough to serve as a warning to the masses.  While more research needs to be done to find out the intricacies of the dangers of alcohol to pregnant women and their babies, for now we know – even the smallest amount of alcohol can change the brain.

 

Raising Adrian – My Own Experience with FASD in America

Raising Adrian – My Own Experience with FASD in America

Helen Ramaglia, The Chronicle of Social Change: Children and Youth, Front and Centre (November 6th, 2013) (Accessed November 14th, 2013)

Commentary by Krystal Glowatski

This story is about an adoptive mother to not one, but two children affected by FASD.  Twice a month I take to the web and find a news article about FASD and provide a summary and my thoughts.  I usually tend to seek out the hard-hitting and provocative articles about offenders in the CJS with FASD.  However, this week I couldn’t help but be drawn to this heart-felt story about struggle, hope, and success.

Sometimes in fighting for the rights of FASD offenders, we forget about the basics – the rights of human beings, and of course in the context of this page, the rights of individuals who struggle with FASD on a daily basis.  The mother who wrote this story fought for years in many sectors – social services, education, and health to name a few – just for a diagnosis and effective strategies in creating success for her children with FASD.  After 3 years of struggle, her children are beginning to succeed both at home and at school.

As this mother says, by arming ourselves with information, education, and the right tools, we can assist those with FASD to be the best they can be.  It will always be an uphill battle, but there is hope.  That is what this page is about – providing you, our readers, with information, education, and the right tools to assist you in the course of your work, and perhaps personal lives.  With that, I encourage you to explore our website and arm yourselves – you never know when you’ll be able to help someone be his or her best.

Edmonton conference calls for changes to the justice system to protect sufferers of fetal alcohol disorder.

Edmonton conference calls for changes to the justice system to protect sufferers of fetal alcohol disorder.

By Keith Green, Edmonton Journal (September 20th, 2013) (Accessed September 23rd, 2013)

Commentary by: Shauna Makie

On September 18th-20th 2013 approximately 300 attendies including judges, academics, lawyers, policy-makers and social workers were brought together to engage in conversation and discuss the complexities around FASD and the criminal justice system. Harboured in Edmonton, Alberta, 14 jurors, led by Ian Binnie—a former judge who served on the top court from 1998 to 2011—listened to several presentations from doctors, academics, lawyers and judges pledging their case to make changes to the criminal justice system to account for FASD. Some presentations brought forth ideas such as retracting mandatory minimums for FASD sufferers, reduce “administration of justice” charges, implementation of mandatory FASD screening at correctional facilities and for every child going into care, consideration of supportive housing rather than incarceration, and an update to the mental disorder defence. The recommendations stem from the identification regarding the range of impairments that can be experienced by those living with FAS which becomes problematic for the Criminal Justice System that is created to fit a “one size fits all” doctrine. Often times, the accused are held to standards that they cannot attain and therefore enter the “revolving door” of the criminal justice system and become debilitated by legalities.

While encompassing all aspects of FAS, discussions around monitoring, or intervention techniques for women who may or may not be pregnant were also highlighted to address the rights of the woman and how these techniques may become very intrusive. The complexity of delegating between rights of the woman and rights of the unborn were identified as a challenge that would have to be further investigated and discussed at the conference the following week (September 23rd-25th) at the First International Conference on Prevention of FASD in Edmonton. Overall, the conference identified a need for more training and screening in order to develop more tailored expectations for those living with FASD along side legal sanctions for those at risk by the concrete nature of the law.