MDLPA: Continuity of Care and the Street-Jail-Hospital Revolving Door
Presented by: Michael Perlin, JD and Heather Ellis Cucolo, JD
1.5 Hours / 1.5 CEs
On Demand | Self-Paced Professional Training
This on-demand professional training program on Continuity of Care and the Street-Jail-Hospital Revolving Door is presented by Michael Perlin, JD, and Heather Ellis Cucolo, JD, in partnership with the Mental Disability Law and Policy Associates (MDLPA).
There is a well-documented “shuttle process” by which individuals committed to psychiatric institutions (having been charged with minor “nuisance”-type criminal offenses) are often stabilized, returned to jail to await trial, and then returned to the hospital following relapse. This shuttling or cycling is bad for many reasons, not least of which is the way that it deprives the cohort of individuals at risk of any meaningful continuity of care. Continuity of care is crucial to reducing the rate of incarceration and institutionalization for persons with mental illness. Without this continuity, it is far less likely that any therapeutic intervention will have any long-lasting ameliorative effect.
This program shows that the current system – in addition to being utterly counter-productive (and in many ways, destructive) – also violates the constitutional right to treatment and the statutory right to non-discrimination as provided in domestic (the Americans with Disabilities Act) and international (the Convention on the Rights of Persons with Disabilities) human rights law. This also violates every precept of therapeutic jurisprudence; in this context, we argue that lawyers must integrate these teachings – focusing on the prerequisites of “voice, validation, and voluntariness” – in their representation of this population in the hopes that the current system can be ameliorated.
In conclusion, some solutions as to how continuity of care can be improved through mental health courts, programs that support diversion away from incarceration to treatment at an early process in a criminal proceeding, proper mental health screening, expanded access to mental health treatment, better re-entry services, and training for all persons interacting with someone with mental illness is offered.
Learning Objectives
Upon completion of this training, participants will be able to:
- 1 Describe what is commonly referred to as the “shuttle process” and will see how this system is counterproductive both to the needs of the individuals involved and to society as a while
- 2 Describe how the principles of therapeutic jurisprudence must be applied to ameliorate conditions under which the persons subject to this system are regularly treated
- 3 Describe how the robust application of constitutional and statutory principles to the issues that arise in this context can help solve the current dilemmas faced by all
Presented By
Michael L. Perlin, JD
Michael L. Perlin is Professor of Law Emeritus at New York Law School (NYLS), founding director of NYLS’s Online Mental Disability Law Program, and founding director of NYLS’s International Mental Disability Law Reform Project in its Justice Action Center. He is also the co-founder of Mental Disability Law and Policy Associates. He has written 31 books and nearly 300 articles on all aspects of mental disability law, many of which deal with the overlap between mental disability law and criminal law and procedure.
Presented By
Heather Ellis Cucolo, JD, Prof. Distinguished Adj., NYLS; Owner, MDLPA; Prof. Adj., Emory University School of Law; Bd. Dir. Collier School
Heather Ellis Cucolo is Distinguished Adjunct professor of law and the facilitator of the joint JD/MA program with John Jay College of Criminal Justice, at New York Law School (NYLS). She is also an adjunct professor in the JM Program at Emory University School of Law, and a Fellowship faculty member at Albert Einstein College of Medicine. In addition to those roles, Professor Cucolo is co-owner of Mental Disability Law and Policy Associates, a legal education and professional training company, and was elected to the board of trustees for the International Society of Therapeutic Jurisprudence, a non-profit organization. Formerly, in her full-time legal practice, Professor Cucolo dedicated her career to representing individuals at trial facing civil commitment under both the New Jersey Mental Hygiene Law and New Jersey’s Sexually Violent Predators Act. She authored and argued appeals before the New Jersey Appellate Division with over 27 reported decisions. She has published four textbooks and over 21 law review articles with mentions in an Eastern District of New York court decision and an Iowa appellate decision. She was honored to receive the Otto L. Walter Distinguished Writing Award for two consecutive years in 2018 and 2019. Professor Cucolo’s international work has included: expert testimony on extradition from the United Kingdom to the United States for persons convicted of a sex offense; pro bono advocacy for LawAid International; speaking at the United Nations on the rights of persons with disabilities in the Asia-Pacific region; and the creation of an instructional course on disability legislation for attorneys in Japan.
Training Outline
Key topics covered in this training include:
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The current “shuttle process” and why it is so destructive for the population in question
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How the lack of continuity of care ensures that purportedly-therapeutic interventions will not have any long-lasting positive effect
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How the current process violates constitutional and statutory rights (both domestic and international)
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How the application of therapeutic jurisprudence principles is the best solution for the problem at hand.
We are proud to partner with
Mental Disability Law and Policy Associates (MDLPA)
We are proud to partner with Mental Disability Law and Policy Associates, LLC for this training. MDLPA is a boutique educational training company that offers specialized mental disability law consulting, the creation or enhancement of distance learning programs, in-house or online courses, and day or weekend training seminars to reputable organizations, educational institutions, professional groups, and advocacy groups focused on providing advanced knowledge and skills to persons working with marginalized populations.
CE Sponsorship Information
Palo Alto University, Continuing & Professional Studies (CONCEPT) is approved by, recognized by, or maintains sponsorship provider status with the following boards and agencies. We maintain responsibility for all content in our CE/CPD programs. For more information, visit here.
American Psychological Association (APA): Approved sponsor of continuing education for psychologists.
Association of Social Work Boards (ASWB): Approved continuing education provider (ACE program, Provider #1480), 11/22/2023–11/22/2026.
Canadian Psychological Association (CPA): Approved to sponsor continuing education for psychologists.
National Board for Certified Counselors (NBCC): Approved Continuing Education Provider (ACEP No. 7190).
Palo Alto University, Continuing and Professional Studies (CONCEPT) is approved by the American Psychological Association to sponsor continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT) maintains responsibility for this program and its content. Palo Alto University, Continuing and Professional Studies (CONCEPT), is approved by the Canadian Psychological Association to offer continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT), SW CPE is recognized by the New York State Education Department’s State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0356 and the New York State Education Department’s State Board for Mental Health Practitioners as an approved provider of continuing education for licensed mental health counselors. #MHC-0073. Palo Alto University, Continuing and Professional Studies (CONCEPT) has been approved by NBCC as an Approved Continuing Education Provider, ACEP No. 6811. Programs that do not qualify for NBCC credit are clearly identified. CONCEPT Professional Training, #1480, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. CONCEPT Professional Training maintains responsibility for this course. ACE provider approval period: 11/22/23-11/22/26. Social workers completing this course receive (clinical or social work ethics) continuing education credits.