ADA/ the courts and access to services

scalesofjustice

New Member
Jurisdiction
Oregon
There has got to be a way for me to have access to mental health/ addictions treatment services that meed my needs. I am dually diagnosed and have been since the age of 17. I have ADD , the inattentive type. I'm not hyper, I'm just constantly distracted or quite literally forget what it is that I'm doing..I am 35 and have dealt with the struggle my entire adult life. I was briefly relieved for a course of three years while being treated with medications and cognitive behavioral therapy. For the first time ever I was able to function at a level equal to and even greater than my peers. I then missed an appointment, and another....this is me five years later. Lost my house, my career in the medical field, ended up in a horribly violent relationship and became the victim of domestic violence and sexual assaults. All my trauma is based around alocohol. My abuser was an alcoholic and forced me to drink or suffer physical abuse. I had ten years sobriety from alcohol up until that point. The abuse I suffered was so great that I began to disassociate during my initial interview by police.
I got a dui and ended up failing court ordered diversion because their treatment services were impossible and I felt as though they did not accomidate my disability and that they actually caused me more harm then good. I have a long standing history with failing to appear on anything, ive lost countless jobs, my family stopped inviting me to functions years ago and ive been fired from every doctor due to failure to come to scheduled appointments...I am at a loss. I can't complete the programs because they will not make a reasonable accomidation to their "rules" and I will fail just by being late or not showing up and that is not fair because with out medication and treatment I can't function in society. I have multiple failure to appears on my recod for simply forgetting despite reminders, I loose the reminders or forget to look at them I've tried everything. I informed the courts that I had this disability and asked that they provide me some sort of support so that my mental illness doesn't end up making me a convict. Now I'm facing felony failure to appear charges despite my pleas to the ADA coordinator and I'm looking at sentencing on my conviction of dui for failure to complete treatement. I literally can not sit in a room full of strangers and discuss how alcohol impacted my life. I get triggered and once I begin the process of disassociation.....I'm literally a mess a complete wreck for days and it itsn't fair. I need a trauma based dual diagnosis treatment service in order to truly get the help I need and deserve and the courts aren't listening to me. It's a one size fits all treatment model and feel it is discriminatory and that they are not taking my disability seriously. I want so badly to be a productive member of society once again and live and work amongst my former friends and family but in this condition and with my new found legal nightmare I don't see it happening. How can I fight for my rights...my public defender refers to our county as SCAM HILL county instead of its true name of yamhill county. There is scandal everywhere and the public defenders office is in the middle of a full on probe by local press and their contract with the state ends in January...that means I may or may not have the same representation at the end of my cases as I do now....I have done my part, I have asked jail staff before being released to help me get services, I have tried going into mental and behavioral health crisis services but the process is long and takes multiplt visits and often times I end up triggered and unable to even go or I just plain forget as if it weren't my freedom on the line...but that is the naure of a brain like mine...it just doesn't function like it should and I'm left hopeless and angry, frustrated and wanting answers or options. Any Advice?
 
Have you investigated in patient treatment versus out patient?

Ask various providers about both options, then seek rehab via in patient care.
 
There has got to be a way for me to have access to mental health/ addictions treatment services that meed my needs. I am dually diagnosed and have been since the age of 17. I have ADD , the inattentive type. I'm not hyper, I'm just constantly distracted or quite literally forget what it is that I'm doing..I am 35 and have dealt with the struggle my entire adult life. I was briefly relieved for a course of three years while being treated with medications and cognitive behavioral therapy. For the first time ever I was able to function at a level equal to and even greater than my peers. I then missed an appointment, and another....this is me five years later. Lost my house, my career in the medical field, ended up in a horribly violent relationship and became the victim of domestic violence and sexual assaults. All my trauma is based around alocohol. My abuser was an alcoholic and forced me to drink or suffer physical abuse. I had ten years sobriety from alcohol up until that point. The abuse I suffered was so great that I began to disassociate during my initial interview by police.
I got a dui and ended up failing court ordered diversion because their treatment services were impossible and I felt as though they did not accomidate my disability and that they actually caused me more harm then good. I have a long standing history with failing to appear on anything, ive lost countless jobs, my family stopped inviting me to functions years ago and ive been fired from every doctor due to failure to come to scheduled appointments...I am at a loss. I can't complete the programs because they will not make a reasonable accomidation to their "rules" and I will fail just by being late or not showing up and that is not fair because with out medication and treatment I can't function in society. I have multiple failure to appears on my recod for simply forgetting despite reminders, I loose the reminders or forget to look at them I've tried everything. I informed the courts that I had this disability and asked that they provide me some sort of support so that my mental illness doesn't end up making me a convict. Now I'm facing felony failure to appear charges despite my pleas to the ADA coordinator and I'm looking at sentencing on my conviction of dui for failure to complete treatement. I literally can not sit in a room full of strangers and discuss how alcohol impacted my life. I get triggered and once I begin the process of disassociation.....I'm literally a mess a complete wreck for days and it itsn't fair. I need a trauma based dual diagnosis treatment service in order to truly get the help I need and deserve and the courts aren't listening to me. It's a one size fits all treatment model and feel it is discriminatory and that they are not taking my disability seriously. I want so badly to be a productive member of society once again and live and work amongst my former friends and family but in this condition and with my new found legal nightmare I don't see it happening. How can I fight for my rights...my public defender refers to our county as SCAM HILL county instead of its true name of yamhill county. There is scandal everywhere and the public defenders office is in the middle of a full on probe by local press and their contract with the state ends in January...that means I may or may not have the same representation at the end of my cases as I do now....I have done my part, I have asked jail staff before being released to help me get services, I have tried going into mental and behavioral health crisis services but the process is long and takes multiplt visits and often times I end up triggered and unable to even go or I just plain forget as if it weren't my freedom on the line...but that is the naure of a brain like mine...it just doesn't function like it should and I'm left hopeless and angry, frustrated and wanting answers or options. Any Advice?


Yes I have but unfortunately that does not meet the criteria of the court. They have a list of approved programs that are available and I have tried, believe me I have tried engaging in services in two separate counties. Its as if they are forcing services that generate revenue for them versus help for those in need. Countless offenders are asking for inpatient treatment, I actually have a brother incarcerated right now who is considered a high risk offender who is not able to be effectively supervised through our community corrections or their programs..he is 50. He has struggled his entire adult life with addiction and has successfully completed the intensive out patient services in the past only to end up back in the same boat so to speak. This time he is asking for in patient treatment, something he has never been offered and something that he feels he needs in order reform permanently. The courts and parole and probation are not even considering it. We have advocates standing up on his behalf even , he could fill a courtroom full of supporters in favor of him getting a chance and going "door to door" which basically means from jail directly to treatment versus prison. Prison isin't the answer he can do time easily it does not deter criminal behavior it only provides a gathering place for criminal networks to grow in strength and number. Another long time friend was just sentenced to 75 months in prison for a crime that was committed while he was suffering from a psychiatric crisis the courts refused to hear his pleas months before for a court ordered stay at our state psychiatric hospital for inpatient long term treatment services so that he could learn how to re intergrate back in to society and live with his schizophrenia in a pro social way. He was denied, he turned 50 in july while in jail. He was denied because the district attorney said he had been in jail long enough he was sober and did not qualify for or need inpatient treatment and if he felt like he needed that he would have to pay to have a screening preformed by the alcohol and drug evaluation specialist and submit it to the court for review. He has never been able to hold a job, he has no form of income.
What is the appropriate way for me to respectfully bring up my concerns to the courts. I am very scared at this point that I will just end up a statistic like all the others and I don't want that. I need help and I need it soon. I've contacted local media and a state representative but the problem is this county and city is operated by "the good ol boys network" and its not often that they think outside the box or consider changing their outdated and in my opinion unconstitutional ways of doing things. It is no surprise that Oregon ranks dead last for mental health services in the nation..What about equality before the law? or the 14th amendment? do they apply at all?
 
What is the appropriate way for me to respectfully bring up my concerns to the courts.


You can seek that which you require by working with your lawyer.

If you try to do it any other way, you'll keep failing.

If you have medical or psychiatric problem no court will deny you.

The way you're going about it will only meet with failure.

No court in this nation will deny you proper medical care.

That can be obtained not by your requests, hire an attorney, make sure the attorney understands you seek medical care.

That means you have previously spoken with medical professionals (as in MD or DO ONLY).
 
What is the appropriate way for me to respectfully bring up my concerns to the courts. I am very scared at this point that I will just end up a statistic like all the others and I don't want that. I need help and I need it soon. I've contacted local media and a state representative but the problem is this county and city is operated by "the good ol boys network" and its not often that they think outside the box or consider changing their outdated and in my opinion unconstitutional ways of doing things. It is no surprise that Oregon ranks dead last for mental health services in the nation..What about equality before the law? or the 14th amendment? do they apply at all?

You have a disability that, from what I can tell, results in difficulty in paying attention and also in you forgetting to do things that you need to do. I'm sorry to tell you that this is a problem that is largely on you to address. You know you have this problem and its up to you figure out ways to ensure you can get to court on time, meet probation terms on time, etc. The courts do not have to excuse you from doing what is required in a timely manner because of your disability. Nor is there a law that requires them to provide you a reasonable accommodation for your disability. Even if there was, what would that accommodation be? Are you expecting the courts to send someone to come pick you up wherever you are and bring you to court to ensure you don't miss a hearing? Are you expecting the probation officers to call you each and every time you are required to do something to remind you to do it? Those things are not reasonable and not realistic to expect.

Get yourself some reliable way to remind you of things that you need to do that you won't overlook. Hire a service to call you when you need to get things done. Get an app on your phone that will constantly remind you of this stuff. Get to a doc that will get you back on the medication that apparently seemed to be effective and help you stay off the alcohol, which I'm guessing also contributes to you forgetting stuff. But one way or another, ultimately it is on you to ensure you get things done when you need to get them done. Your disability is not going to be reason to excuse you from that.

You are free to discuss your concerns with court staff, but you should expect that they won't be willing to bend much to accommodate you on this. Talk with your issues with a local lawyer for help on ways to deal with this. But don't be surprised if the lawyer ultimately tells you essentially what I did.
 
Apple phones and Android-based phones both allow you to set reminders by voice for yourself...I do it all the time when I'm driving and something pops in to my head that I want to follow up on later.
 
You can seek that which you require by working with your lawyer.

If you try to do it any other way, you'll keep failing.

If you have medical or psychiatric problem no court will deny you.

The way you're going about it will only meet with failure.

No court in this nation will deny you proper medical care.

That can be obtained not by your requests, hire an attorney, make sure the attorney understands you seek medical care.

That means you have previously spoken with medical professionals (as in MD or DO ONLY).


I completely agree. My public defender is excellent but asked "what do you expect me to do? plead and beg the courts on these things or look at your cases" I know her intentions are good and her time is limited...She operates in two ways her way or my way but not both. I was hoping to be able to have the footwork and information ready and just leave it for her to consider. I have had a forensic psychiatric evaluation completed my a state examiner. My dual diagnosis is real and my failure to comply with treatment and the docket is not intentional but rather the product of a neurobiological disorder of my brain specifically my Prefrontal Cortex. My C-PTSD is confirmed along with agoraphobia, If they don't treat my trauma and my addictions at the same time I will be stuck in a viscous trap of unavoidable recidivism and my life will be ruined at that point. If I become a convicted felon due to this I will have lost my entire education and over 15 years in the health care field. I will no longer be able work as a nursing home administrator or a be registered with the state as a provider of in home health services. If I could knew exactly what information would be needed and the name of the rights violation I would make it as easy as possible for her to review. She did agree to hire a private investigator on my case, I will hopefully be able to get more 1:1 time to explain and then the investigator can filter out what is not necessary. That is my current goal. Could you possibly tell me what the name or title of the legal process is , the process that claims my civil rights are being violated. Please forgive my ignorance , would it be a motion of some kind? If I knew at least that much I could research from there. Once again I thank you very much for your input, it has been very helpful.
 
Could you possibly tell me what the name or title of the legal process is , the process that claims my civil rights are being violated.


I don't believe what you describe has violated your civil rights.

As someone described, once sentenced by a court to probation, you have a duty to to do what is described in your probation.

You claim you are unable to comply because you are incapacitated by a medical malady.

That is very easy to resolve, if your lawyer requests a hearing (or could be done at a revocation hearing) to allow medical professionals to testify before the court to what ails you and how it can be addressed.

Don't start anyone thinking you want anything more than proper medical care, as prescribed by physician.

From my seat in peanut gallery, that means IN-HOUSE rehabilitation for as long as it takes to remediate or stabilize your condition.

If you only end up informing the court that you have a mental disability, that could cause the court to order you held by a state facility for the criminally insane or mentally impaired.

It could behoove you for your lawyer to request you receive a psychiatric evaluation, which could lead to you receiving the help you desperately require.
 
You have a disability that, from what I can tell, results in difficulty in paying attention and also in you forgetting to do things that you need to do. I'm sorry to tell you that this is a problem that is largely on you to address. You know you have this problem and its up to you figure out ways to ensure you can get to court on time, meet probation terms on time, etc. The courts do not have to excuse you from doing what is required in a timely manner because of your disability. Nor is there a law that requires them to provide you a reasonable accommodation for your disability. Even if there was, what would that accommodation be? Are you expecting the courts to send someone to come pick you up wherever you are and bring you to court to ensure you don't miss a hearing? Are you expecting the probation officers to call you each and every time you are required to do something to remind you to do it? Those things are not reasonable and not realistic to expect.

Get yourself some reliable way to remind you of things that you need to do that you won't overlook. Hire a service to call you when you need to get things done. Get an app on your phone that will constantly remind you of this stuff. Get to a doc that will get you back on the medication that apparently seemed to be effective and help you stay off the alcohol, which I'm guessing also contributes to you forgetting stuff. But one way or another, ultimately it is on you to ensure you get things done when you need to get them done. Your disability is not going to be reason to excuse you from that.

You are free to discuss your concerns with court staff, but you should expect that they won't be willing to bend much to accommodate you on this. Talk with your issues with a local lawyer for help on ways to deal with this. But don't be surprised if the lawyer ultimately tells you essentially what I did.
 
I don't believe what you describe has violated your civil rights.

As someone described, once sentenced by a court to probation, you have a duty to to do what is described in your probation.

You claim you are unable to comply because you are incapacitated by a medical malady.

That is very easy to resolve, if your lawyer requests a hearing (or could be done at a revocation hearing) to allow medical professionals to testify before the court to what ails you and how it can be addressed.

Don't start anyone thinking you want anything more than proper medical care, as prescribed by physician.

From my seat in peanut gallery, that means IN-HOUSE rehabilitation for as long as it takes to remediate or stabilize your condition.

If you only end up informing the court that you have a mental disability, that could cause the court to order you held by a state facility for the criminally insane or mentally impaired.

It could behoove you for your lawyer to request you receive a psychiatric evaluation, which could lead to you receiving the help you desperately require.


Thank you for your advice. Everything you have said is common sense and all that I have been trying to prove is that I can not function at the level that is expected of me due to my mental illness. I have been and am still willing to report to inpatient treatment at any time.

I specifically appreciate your "don't start anyone thinking you want anything more then proper medical care, as prescribed by a physician" I am now able to have a more specific request that is phrased in a way that doesn't appear like I'm avoiding the conditions of my supervision and that is what my main focus will be with my attorney. So once again thank you for your input.

I would like to respond to your additional thoughts on this matter with the following even though I will not be using it in my approach to the courts.
I do have a duty to do what is said and ordered by the courts and that is what I have been trying to do for nearly three years. The assumption that any of this is easy to resolve is unfair and inaccurate from where I am sitting. It is that very assumption that fuels the fire so to speak. Oregon ranks dead last in the nation for its ability to provide mental health/addictions services to those in need. Deschuttes county had 46% of their inmates incarcerated for mental health related issues because police did not know what else to do with them. Mental illness isn't a crime, and Oregon should be ashamed of how it is responding to this vulnerable portion of its population.
The State can convict you and order you to complete services that they clearly can not provide to a protected class of people none the less .. which can be seen as discrimination in some ways. My interpretation is that the unjust violation of rights occurs because I am not being given the equal opportunity or fairness as those who are not disabled with regards to sentencing and the conditions of community supervison directly related to drug and alcohol treatment and mental health services to dually diagnosed indviduals with trauma based co occurring disorders and addiction...
basically saying: If I weren't disabled I would have access to adequate treatment and be able to honor the courts conditions of my probation.
The state does not have equality in its services, the state barely meets the standard needed to treat those who are able.

If I could fix my conditions with common sense interventions like reminders and meditation believe me I would. Think about it...If I COULD FIX IT DONT YOU THINK I WOULD. I WOULD NOT INTENTIONALLY MISS COURT AND HAVE TO CONSTANTLY COME UP WITH BAIL MONEY, I WOULDN'T INTENTIONALLY DISREGARD THE COURTS ORDER AND GO TO JAIL OVER AND OVER...NOBODY IN THEIR RIGHT MIND WOULD WANT TO LIVE LIKE THAT ON PURPOSE.
MY BRAIN DOESN'T FUNCTION PROPERLY AND NO AMOUNT OF OPINION OR SUGGESTION WILL CHANGE WHAT THE IMAGES SHOW. I CAN NOT CONTROL IT I CAN ONLY DO MY PART TO ENGAGE IN TREATING IT AND MANAGING THE SYMPTOMS THAT LEAD TO CRIMINAL BEHAVIOR....
 
The assumption that any of this is easy to resolve is unfair and inaccurate from where I am sitting.

If you OBEY all of their laws, no matter how you disagree with any (or all) of their lies, you'll never have to be burdened by anything that impinges on your ability to remain a free person and citizen of our nation.

Don't allow society, the law, the courts or anyone to place you in a position that you dislike.

Again, make sure you never run afoul of their laws, and you'll never have to become involved with their courts or dance to their music.

You are the reason you are where you are today.

Stop trying to rationalize it, accept it, and do whatever they require to get them out of your life.

MY BRAIN DOESN'T FUNCTION PROPERLY AND NO AMOUNT OF OPINION OR SUGGESTION WILL CHANGE WHAT THE IMAGES SHOW. I CAN NOT CONTROL IT I CAN ONLY DO MY PART TO ENGAGE IN TREATING IT AND MANAGING THE SYMPTOMS THAT LEAD TO CRIMINAL BEHAVIOR

If you keep saying that you can't control yourself, your impulses, your behaviors, you'll give them more excuses to intrude into your life.

You don't have to wait for anyone to put you into rehab, or a mental health facility.

You, as are any of us, is FREE to walk into most mental health hospitals and ask to be evaluated.

Once you've told a psychiatrist and a psychologist, the MD or DO will commit you for a voluntary examination and treatment (if indicated).

Don't try to explain anything to anyone on this site.

We have the ability to do nothing to harm you.

You are your Super Hero.

You must make sure you receive the care you require.

Nothing is stopping you from going to receive that care tonight.
Heck, you can call the police and tell the responding officer you need psychiatric help.

All you have to do is get busy fighting to improve your psyche and your life!
 
If I could fix my conditions with common sense interventions like reminders and meditation believe me I would. Think about it...If I COULD FIX IT DONT YOU THINK I WOULD...I CAN NOT CONTROL IT I CAN ONLY DO MY PART TO ENGAGE IN TREATING IT AND MANAGING THE SYMPTOMS THAT LEAD TO CRIMINAL BEHAVIOR.

Then what, exactly, do you suggest the state must do to help you? Simply excusing the criminal behavior is not an option unless you can make the case that you are truly insane, e.g. can't even tell right from wrong, in which case you may find yourself confined to a mental institution for what might be a very long time. And simply relieving you of probation conditions is also not realistic. They might be modified to some extent, but in the end there will still be deadlines to meet and things you must do. So what do you need then to make it work?
 
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