HA SMILESanders
HOSPITALS &ASYLUMS
Vol. 2, Is. 1 © Spring Equinox 2002
Written and edited by Anthony J. Sanders.
HA is a quarterly human and civil rights lobby published every equinox and solstice to promote freedom and Title 24 U.S. Code Hospitals and Asylums (HA).
Table of Contents
1. School of Universal Law (SOUL)……………………………………………………...2
2. Taking E.O. 13217 Community Based Alternatives for Individuals with
Disabilities to the Government Publishing Office (GPO)………………………………...4
3. Epidemiology of Mental Illness (MI) and Mental Institutions (MI)……………………7
4. Settling Mental Illness Law Effectively (SMILE)…………………………………….16
5. Sanders et al v. Oesterlen Services for Youth, Ohio 2ndApp 02-CA-0003.…………...40
6. Sanders et al v. Montgomery County 02-CA-0003…………………………………...42
7. Sanders et al v. Bodzin & Oesterlen Services for Youth 02-CA-0003………………..58
8. Sanders et al v. Oesterlen Services for Youth 02-CA-0002…………………………..95
9. Sanders et al v. Osterlen Services for Youth 02-CA-0003………..…………………112
10. Hospitals & Asylums Legal Forms (HALF)………………………………………..123
11. Alexis Bodzin, habeas corpus……………………………………...……………….129
Donations, research commissions and articles are accepted...
SchoolOfUniversalLaw
Constitution
42USC(21)IV Sec. 2000c-8. – Personal suits for relief against discrimination in public education sets forth the right of any person to sue for or obtain relief in any court against discrimination in public education and shall henceforth be considered a petition to the state Supreme Court for continuing legal education credit.
WEWelcome Everybody – mothers, fathers, brothers, sisters, aunts, uncles, grandmothers, grandfathers, children, and legal custodians, 18USC(55) 1201 kidnapping g (kg)
HAHospitals & Asylums is a human rights review published four times every year, equinox & solstice (yes). The venue is accessible to young, low income, and disabled who wish to publish their writing. The goal of HA is to promote equality and human rights by advocating for the publication of legislation in the only 10 chapter long Title 24 U.S. Code Hospitals & Asylums (HA) and the publication of a text-book titled State Mental Institution Legal Education (SMILE). Essays may be returned for editing if the editor does not have the time to correct the errors.
Please submit all articles to Anthony J. Sanders at for editing and publication.
Donations and research commissions are welcome.
SOUL The School of Universal Law is not an accredited law college and currently has only one student- Tony Sanders, the founder, a BA. The school and magazine are intended to provide moral and legal support for legal scholars and litigants to publish their articles and books by granting counsel, non-accredited academic credit, publication and lobby. Essays should be well founded in law, statistics or spiritual agony, single spaced, in Times New Roman font, with a bibliography. There are no deadlines and will be credited as follows…
5 page essay 1 credit
10 page essay 2 credit
25 page essay submitted for a grant or lawsuit 10 credit
An honorary, non-accredited, juries doctor (JD) is randomly conferred upon reporting scholars having100 credits that…
Petition a periodical law journal with ISSN#
Have a 500 pg. manuscript, book of law and/or legal cases
HARPHonest Attorney Rules of Practice (HARP) oath- I, , swear to the constitution to be an honest attorney (ha). Honest attorneys respect people (harp). Honest attorneys represent people (harp). Honest attorneys respond personally (harp). Honest attorneys research professionally (harp). Honest attorneys report prosecution. Honest attorneys reflect pride (harp). Honest attorneys really produce (harp). Honest attorneys regularly petition (harp). Honest attorneys read publications (harp). So help me God Model Rules of Practice , American Bar Association.
HALFHospitals & Asylums Legal Firm provides free legal counsel, education and employment to assist prisoners, patients and all other people to petition for freedom and funding… U.S. Attorney’s Manual
HALFHospitals & Asylums Legal Funding is the encouraged objective of writers, whether they are litigant or not in order to petition the government in the most effective manner possible…Catalog of Federal Domestic Assistance
Bibliography
Title 42 Public Health and Welfare United States Code Chapter 21 Civil Rights IV Education Sec. 2000c-8
Title 18 Crime United State Code Chapter 55 Sec. 1201 kidnapping g (kg)
Title 24 U.S. Code Hospitals and Asylums (HA)
American Bare Association (ABA). “Model Rule of Practice”
United States Department of Justice (USDOJ). “U.S. Attorney’s Manual”.
Catalog of Federal Domestic Assistance (CFDA). “Agency Grant Directory”.
Hospitals &Asylums Title 24 U.S. Code 2898 Marshall Ave. #2 Cincinnati, Ohio 45220 (513)281-7551
Joint Committee on Printing
1309 Longworth House Office Building
Washington, DC 20515
202-225-8281
Rep. William M. Thomas CA, Rep. John Boehner OH, Rep. Robert Ney OH,
Rep. Steny Hoyer MD, Rep. Chaka Fattah PA, Rep. John Boehner OH,
Rep. Robert Ney OH, Rep. Steny Hoyer MD, Rep. Chaka Fattah PA, Sen. Mitch McConnell KY, Sen. Thad Cochran MS, Sen. Don Nickles OK,
Sen. Dianne Feinstein CA, Sen. Daniel K. Inouye HI,
Motion
Whereby, “laughter is the best medicine”.
Whereby, E.O. 13217 Community Based Alternatives for Individuals with Disabilities[1] has been signed by the president on June 18, 2001.
Whereby, legislation that should have been directed to the 10 chapter long, Title 24 U.S. Code Hospitals & Asylums (HA), has been wastefully published in the 141 chapter long mirror image, Title 42U.S. Code Public Health and Welfare (PHW) leaving our nation with only 10 chapters of HA and discovering relief from the 141 chapters of PHW is as elusive and time consuming as eliciting a response from a narcissist detained in contravention to the I Amendment to the U.S. Constitution.
Wherefore, the Joint Committee on Printing may use any measures it considers necessary to remedy neglect, delay, duplication, or waste in the public printing and binding and the distribution of Government publications under 44USC103, to publish applicable Acts of Congress signed by the Executive or passed by Congress in accordance with the Constitution in Title 24 U.S. Code, HA beginning with the superb E.O. 13217 Community Based Alternatives for Individuals with Disabilities
Sincerely,
Anthony J. Sanders
Anthony J. Sanders
Executive Order
Community-based Alternatives for Individuals with Disabilities
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to place qualified individuals with disabilities in community settings whenever appropriate, it is hereby ordered as follows:
Section 1.Policy.This order is issued consistent with the following findings and principles:
(a)The United States is committed to community-based alternatives for individualswith disabilities and recognizes that such services advance the best interests of Americans.
(b)The United States seeks to ensure that America's community-based programs effectively foster independence and participation in the community for Americans with disabilities.
(c)Unjustified isolation or segregation of qualified individuals with disabilities through institutionalization is a form of disability-based discrimination prohibited by Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et. seq.States must avoid disability-based discrimination unless doing so would fundamentally alter the nature of the service, program, or activity provided by the State.
(d)In Olmstead v. L.C., 527 U.S. 581 (1999) (the "Olmstead decision"), the Supreme Court construed Title II of the ADA to require States to place qualified individuals with mental disabilities in community settings, rather than in institutions, whenever treatment professionals determine that such placement is appropriate, the affected persons do not oppose such placement, and the State can reasonably accommodate the placement, taking into account the resources available to the State and the needs of others with disabilities.
(e)The Federal Government must assist States and localities to implement swiftly the Olmstead decision, so as to help ensure that all Americans have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment, and to participate in community life.
Sec. 2.Swift Implementation of the Olmstead Decision: Agency Responsibilities.(a)The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall work cooperatively to ensure that the Olmstead decision is implemented in a timely manner.Specifically, the designated agencies should work with States to help them assess their compliance with the Olmstead decision and the ADA in providing services to qualified individuals with disabilities in community-based settings, as long as such services are appropriate to the needs of those individuals. These agencies should provide technical guidance and work cooperatively with States to achieve the goals of Title II of the ADA, particularly where States have chosen to develop comprehensive, effectively working plans to provide services to qualified individuals with disabilities in the most integrated settings.These agencies should also ensure that existing Federal resources are used in the most effective manner to support the goals of the ADA.The Secretary of Health and Human Services shall take the lead in coordinating these efforts.
(b) The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall evaluate the policies, programs, statutes, and regulations of their respective agencies to determine whether any should be revised or modified to improve the availability of community-based services for qualified individuals with disabilities.The review shall focus on identifying affected populations, improving the flow of information about supports in the community, and removing barriers that impede opportunities for community placement.The review should ensure the involvement of consumers, advocacy organizations, providers, and relevant agency representatives.Each agency head should report to the President, through the Secretary of Health and Human Services, with the results of their evaluation within 120 days.
(c) The Attorney General and the Secretary of Health and Human Services shall fully enforce Title II of the ADA, including investigating and resolving complaints filed on behalf of individuals who allege that they have been the victims of unjustified institutionalization.Whenever possible, the Department of Justice and the Department of Health and Human Services should work cooperatively with States to resolve these complaints, and should use alternative dispute resolution to bring these complaints to a quick and constructive resolution.
(d)The agency actions directed by this order shall be done consistent with this Administration's budget.
Sec. 3.Judicial Review.Nothing in this order shall affect any otherwise available judicial review of agency action.This order is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
June 18, 2001.
Epidemiology of Mental Illness
By Tony Sanders
Part 1. Estimates of Mental Illness
Part 2. Estimates of Mental Institutions
Abstract: This article explains the historical trends of the past 50 years regarding the supply and demand for the treatment of mental illness and the prospects for the Third Millennium.
Part 1: Estimates of Mental Illness
The 2001 World Health Organization (WHO) Report on Mental Health estimates that mental illness and psychological disorders stemming from substance abuse affect a combined total of 450 million people[2], 7.3%, of the 6,137,000,000 global population[3]. The National Institute of Mental Health (NIMH) reports that 21.1%, 44.3 million[4], of the 272,690,813[5] U.S. population suffer from diagnosable mental disorders every year. In the United States classification of mental illness is conducted with the Diagnostic and Statistical Manual of Mental Disorders fourth edition (DMS-IV), internationally diagnosis is done with the International Classification of Diseases 10th edition (ICD-10).
Although neurological disorders account for only 1% of the world’s deaths mental illness accounts for 11% of the Global Burden of Disease and if trends continue will account for 15% by the year 2020. In the USA 12% of all absences from work were due to mental disorders[6]. The total cost of mental illness in the U.S. was estimated at $153.5 billion, 2.5% of the $6.14 trillion gross domestic product[7] in 1990 when Rice published “The economic costs of alcohol, drug abuse and mental illness”[8]. Incidences of mental illness are twice as common among the poor than the wealthy[9]. The total expenditure on the treatment of mental illness in 1988 was only $23 billion yet the majority of cases of mental illness remain untreated[10].
Suicide is 3rd leading cause of death among 15 – 24 year olds. In 1997 30,535 people died from suicide in the U.S[11]. The highest suicide rates are found in white men over the age of 85. More than 90% of people who kill themselves have a diagnosable mental disorder. Four times as many men as women commit suicide although women attempt to commit suicide 2-3 times more often. Major depressive disorder is the leading cause of suicide, heightened by substance abuse and conduct disorder[12].
The most common disorder is major depressive disorder affecting 9.9 million people or 5% of the U.S. population every year. Bi-polar disorder affects another 2.3 million U.S. adults or 1.2 % of the U.S. population. Schizophrenia affects another 2.2 million U.S. adults about 1.1% of the U.S. population. Anxiety disorders affect another 19.1 million U.S. adults. Anxiety disorders are categorized as panic disorder that affects 2.4 million U.S. adults, Generalized Anxiety Disorder affecting 4.0 million or 2.8% of the populace, Social Phobia affecting 5.3 million or 2.8% of the populace. 9.5 million people suffer from agoraphobia and specific phobia. Attention Deficit Hyperactivity Disorder affects 4.6% of school age juveniles. Alzheimer’s disease affects an estimated 4 million senior citizens[13].
Part 2. Estimates of Mental Institutions
Mental Health 2000, published by the Substance Abuse Mental Health System Administration (SAMHSA) lists five types of hospitals that can be called “mental institutions”- state and county mental hospitals, private psychiatric hospitals, Non-federal general hospitals with separate psychiatric services, Residential treatment centers for emotionally disturbed children and VA medical center psychiatric hospitals- the report neglects to label and census the tens of thousands of safe-houses commonly called community mental health shelters but are probably listed under “all other organization” in the report[14]. They are analyzed in this part by looking first at the number of beds that provides fairly accurate daily census data and then a look at mental expenditures to get a general feel for the commerce that maintains the mental health infrastructure.
a. Census
The numbers show that policies between 1970 and 1998 have been successful in reducing the supply of totally government funded psychiatric beds by a total of 376,704. State and county mental institutions have reduced their number of inpatient beds from 413,066 in 1970 to 63,525 in 1998. Likewise VA medical center psychiatric beds went down from 50,688 in 1970 to 13,301 in 1998. To compensate private psychiatric hospitals, non-federal general hospital and residential centers for emotionally disturbed children that are funded 68% by private clients’ HMO have increased 51,348 beds. Between 1970 and 1998 Private psychiatric hospitals have increased in patient population from 14,295 to 33,635, Non-federal general hospital psychiatric wards have increased from 22,394 to 54,266, residential treatment centers for emotionally disturbed children increased from 15,129 to 33,483. The total number inpatient beds of all “mental institutions” declined from 515,572 in 1970 to 198,195 in 1998 this change is mostly attributed to an increase in available beds in the community and a shortening of the average length of stay in a mental institution from several years to less than 10 days[15].
Type of organization / 1970 / 1976 / 1980 / 1986 / 1990 / 1992 / 1994 / 1998[16]Number of 24-hour hospital and residential treatment beds
All organizations / 524,878 / 338,963 / 274,713 / 267,613 / 272,253 / 270,867 / 290,604 / 261,903
State and county mental hospitals / 413,066 / 222,202 / 156,482 / 119,033 / 98,789 / 93,058 / 81,911 / 63,525
Private psychiatric hospitals / 14,295 / 16,091 / 17,157 / 30,201 / 44,871 / 43,684 / 42,399 / 33,635
Non-Federal general hospitals with separate psychiatric services / 22,394 / 28,706 / 29,384 / 45,808 / 53,479 / 52,059 / 52,984 / 54,266
VA medical centers / 50,688 / 35,913 / 33,796 / 26,874 / 21,712 / 22,466 / 21,146 / 13,301
Federally funded community mental health centers / 8,108 / 17,029 / 16,264 / - / - / - / - / -
Residential treatment centers for emotionally disturbed children / 15,129 / 18,029 / 20,197 / 24,547 / 29,756 / 30,089 / 32,110 / 33,483
All other organizations / 1,198 / 993 / 1,433 / 21,150 / 23,646 / 29,511 / 60,054 / 63,693
b.The Continuum of Care
At one extreme, some argue that these hospitals have contracted in size to such an extent that persons with severe mental illness are being denied admission, and therefore, further downsizing is unwise. By contrast, others argue that all persons, regardless of the severity of their mental illness, can be cared for in the community and that the State mental hospitals should be phased out entirely. Politics however has little to play in the continuum for care that operates purely upon the economic laws of supply and demand.
The number of patient care episodes has both greatly increased and become increasingly directed to less than 24-hour treatment facilities according to analyses of data since NIMH began reporting on the demand for treatment in 1955. In 1955 there were 1.7 million care episodes of which 77% were treated in 24-hour care facilities, by 1971 there were 4.1 million cases of which 58% were treated in less than 24 hours, by 1998 11 million care episodes were treated only 24% of the time in 24-hour treatment centers.
Although the number of beds supplied by these organizations decreased by half, from 524,878 in 1970 to 261,903 in 1998 the number of mental health organization operating in the United States increased between 1970 and 1998 from 3,005 to 5,722. Between 1970 and 1994, the number providing 24-hour service more than doubled from 1,734 to 3,827.2 This number declined only slightly between 1994 and 1998, to 3,729. The number providing less than 24-hour services also rose consistently between 1970 and 1998, from 2,156 to 4,387[17]
Type of organization / 1970 / 1976 / 1980 / 1986 / 1990 / 1992 / 1994 / 1998[18]Number of mental health organizations
All organizations / 3,005 / 3,480 / 3,727 / 4,747 / 5,284 / 5,498 / 5,392 / 5,722
State and county mental hospitals / 310 / 303 / 280 / 285 / 273 / 273 / 256 / 229
Private psychiatric hospitals / 150 / 182 / 184 / 314 / 462 / 475 / 430 / 348
Non-Federal general hospitals with separate psychiatric services / 797 / 870 / 923 / 1,351 / 1,674 / 1,616 / 1,612 / 1,707
VA medical centers2 / 115 / 126 / 136 / 139 / 141 / 162 / 161 / 145
Federally funded community mental health centers / 196 / 517 / 691 / - / - / - / - / -
Residential treatment centers for emotionally disturbed children / 261 / 331 / 368 / 437 / 501 / 497 / 459 / 461
All other mental health organizations3 / 1,176 / 1,151 / 1,145 / 2,221 / 2,233 / 2,457 / 2,474 / 2,832
To manage the caseload the number of social worker, psychiatrists, psychologists, registered nurses and other mental health professionals has increased 123% since 1972 when there were 375,984 to 577,669 in 1994. Most of the change in mental health employment and treatment can be attributed to the increase in the availability of community and home care and the contemporary treatment cycle of short-term hospitalization and community care.