"Children's Rights" is not just about Fathers, it's also about Children, Mothers, Families, Public Advocacy, Civil Rights and Liberties.

This Children's Rights Facebook Group, Page and Cause have been created for positive outreach, networking, distribution and discussion of information related to our cause.

A message to anyone who fights the establishmentAs peaceful as your protest may be, it threatens the

establishment and those in charge of it. To think they will just roll over and hand the empire to you is stupidity.

They ‘re going to fight. They’re going to lie. They are going to do anything in their power to keep the establishment the way it is.

It’s important to remember that anything they do to you is nothing compared to what they do to us all, have done to us in the past, and if not stopped will continue to do to us in the future.

So when they fight you, and they will, keep in mind it is a sure sign that what you are fighting for is working.

Be Strong. Be True. Don’t Give Up!

Legal Abuse SyndromeWhen Does Litigation Trigger LAS?

When a disability goes unrecognized and un-accommodatedand due process isdenied, a person is in a position of extreme jeopardy.

Helplessness + Jeopardy

PTSD

DSM IV dx of Legal Abuse SyndromeInjury + Public Health Problem

Axis I Post Traumatic Stress Disorder 309.81Axis II NAAxis III (Somatic or physical symptoms) no organ or

tissue left untouched by stressAxis IV Legal Stressors (can also be family, economic, social)Axis V Global Assessment of Functionality scale usually around 45-50. When 95 is highly, effective executive functionality

Late 80’s observed in private practice posed thesis for doctoral dissertation.

Early 90’s Alan Dershowitz, Esq. critically peer reviewed LAS and published LAS-The Abuse Excuse

1990 ADA passed bringing issue of disability into public and private services--mostly physical disabilities

1995 and late 90’s counseling protocols book published embraced by AALL–spoke at national conference

Ten-year longitudinal survey 1997 – 2007 med hx

Protocols tested in actual court cases

BRIEF HX OF LAS & PATH TO CERTIFIED ADA ADVOCACY

ADAAA passed broadening scope making court more accessible for non-apparent LWDs (litigant with disability)

2008 ADAAA in effect with broad definition of advocates–critical need for method of management–NEED FOR QUALITY CONTROL BECAME APPARENT.

2010 - 2012 wrote new book - syllabi, began certification webinars,

obtain 18 CLE’s and CEU’s licensing bodies (6 are ethics).

ADVOCACY IS NOT ACTIVISMIT IS

ETHICAL COMPLIANCE w ADAAA AND PUBLIC HEALTH

Ethics/Stress Questions to Consider

How do I respond to ethically challenging situations?Is it ever ethical to exploit a disability?

Once an invisible disability is revealed, what is my professional ethical responsibility?What is my general visceral response to disabilities

If it’s legal, is it always ethical?

“Invisibly” Disabled Quality Control The Next Level of Concern for the Courts

Who are they?What do they look like?When do you know?Where do they fall in the ADA?Why are they our problem?What can you do about them?

PLOY OR APPROVED FUNCTIONAL IMPAIRMENT

UNDER ADAAA?

• Inability to concentrate when stressed• Sleep disturbances• Inability to speak, communicate, focus• Digestive upsets• Inability to get along with others• Inability to read litigation documents— get mail, respond to deadlines timely

Broca’s Area

Clients won’t be

served if you don’t

understand.

©

What’s the Issue? What to do?

Broca’s Area

Listen and respond.©

The STUFF with an Advocate

becomes useful evidence, records, directions, serves desired outcomes.

©

With the event comes STRESS, lawyers, and court.Then, more STRESS, more time, more money, and more delays.One day it’s STRESS with no money, no lawyer, no resolution, and a new medical condition.

You seek out EAA for a trained EAA advocate. Effectiveness improves.

Improved cognitive and mental capability with concentration. Improved ability to communicate, read, write, verbalize, and form concepts. Preplanning enabling you to keep a lawyer and go the distance.Full confidence that exploitation by an adversary with more money, more power

Validate, confirm diagnosisPlan accommodations Prepare, file requestAdvocate for rights and functionality

File grievances Act as liaisonHelp with writing speaking, memory, organization, and interpretationUse Huffer’s 8-Steps to facilitate healingcontrol symptoms

Maintain health – manage medication.Working knowledge of the rules fairly enforced for both sides.

and/ or corrupt motives will be prevented.

Coaching and assistance using the rules to enhance

In over your head and think you’re going crazy!

Court

Improved emotional ability to perform.

Maintain physical, testimonial, participatory equal access and focus.

safety and ability to present your case and defend yourself.

Equal Access Advocates.com©

What happened?

Debriefing Chart

Impact on life

Feelings

Losses 1

3

4

5

6

7

8

9

2

Tool graphs issues to be litigated from personal high conflict emotionalissues. Priceless…for the LWD. ©

The Trained ADA Advocate Sits Next to the Client in Court

Advocates monitor court activity and client and is not an “activist.”

Trained advocates protect litigant from exploitation and do not wreak havoc on the court.Why trained?

tRubric for AdvocacyUnder

the ADAAA

Full ability to reference relevant

sections of the ADAAA for

equal access

Working familiarity with symptoms & characteristics of LWD’s disability.

Design accommodations

Working familiarity with

that portion of the state/local

court rules/system relevant to your client

Supportive counseling--

ability to use Huffer’s 8-Step Protocol with symptomatic

LWDs

Ethical compliance under the Americans with Disabilities Act related to invisible disabilities

©

Certified ADA Advocate CADAA

Ethical Compliance under the Americans with Disabilities Act related to invisible disabilities

Working familiarity w/ that portion of

the state/local court rules/system

relevant to LWD

Supportive counseling--ability to use Huffer's 8-Step

protocol with symptomatic LWD

Working familiarity w/ symptoms &

characteristics of LWD. Design

accommodations.

Full ability to reference relevant

sections of the ADAAA for equal

access

Vetted Symptomatic w/out full knowledge of ADA accommodations

w/out representation

under the ADA interacting with the justice system

Standard of Care

An ethical standard of care is promoted through the support of a CADAA by the modeling and teaching of learned skills for the benefit of the invisibly disabled facing or participating in the judicial system.

©

ADA ACCOMMODATIONS

Many court forms designed for accommodations are for physical disabilities that fail to address PTSD & other “invisible” psychological or psychiatric disabilities.

Courts differ. Usually, like Colorado, leave the judge out of the initial ADA qualifying process. The intended purpose is to protect judges from ex parte communication and to preserve their immunity.

ADA is ministerial and then administrative. It is not discretionary except for substitutes and minor adjustments in the courtroom. Under ADA rules, only publicly filed information

is to be shared with an adversary.

Designed to Protect Judges

I. Client II. DateIII. Diagnosis (only need one under ADAAA)IV. Interference with Major Life Activities

A. Functional Impairments-knowing what you’re feeling.

B. What symptoms look likeV. Current Diagnoses if doing Axis breakdown by DSM IVVI. ADA accommodations necessary for fair court processesVII. Findings client vetted against malingering.VIII. Summary and ConclusionsIX. Appendix

A. Items Reviewed B. Citations and Recommended ReadingC. Qualifications of examiner

9 Components Make Up the Body of a “Request for Reasonable ADA Accommodations”

These documents are lengthy, 15-30 pages. A shorter version would be easier to write and to read.

Why the long form?

BENEATH THE RADAR OF THE COURT ADA COVERS PHYSICAL DISABILITIES

DepressionAnxietyTBIADD/ADHDSchizophreniaAutism SpectrumSuicide IdeationMood disorders

AT RISK--IRREGULAR OR UNEQUAL CONSIDERATION

AND UNSEEN MENTAL DISABILITIES

ASC/Asperger's –taking things literally

June 10, 2010 / By Maggi Dawn (Mother of an Aspie) • ASCs take spoken language literally.• Their language makes sense to them. • They can’t interpret metaphorical language and idioms. It is like a

foreign language for the Aspie.• Positive sides: Stop treating as a problem, start treating it as a way of

being. Can easily be misunderstood thought to be rude or sarcastic.• Aspies typically are honest, seldom lie; • many are highly intelligent with long concentration spans, • many are extremely loyal and dependable.

Trauma Symptoms and Disorders• Untimely hesitation• Distracted away from the present May not speak at all or May speaks out uncontrollably.

Litigant’s with disorders---autism, stuttering, lisping, dysnomia aphasia, semantic pragmatic disorder, expressive language disorder, mixed receptive-expressive language disorder, or other conditions that can cause a litigant to become either loquacious or silent taking up the time of the court.

An advocate must be able to speak for them [LWDs]. (van der Kolk, 2006)

Depression Bipolar Symptoms Moods• Irritability • Anger • Worry/anxiety • Pessimism • Indifference • Self-critical• Changes in thought patterns due to depression• Inability to concentrate • Indecision • Memory problems • Disorganized• Preoccupation with death• Thoughts of death, feeling dead or detached

Physical Changes Caused by Depression• Unexplained aches and pains • Weight loss or gain • Decreased or increased appetite

Psychomotor agitation or retardationEmotional Pain of Depression• Prolonged sadness • Unexplained, uncontrollable crying • Feelings of guilt • Feelings of worthlessness • Loss of self-esteem • Despair • Hopelessness • Helplessness• Decreased energy • Fatigue • Lethargy• Diminished activity • Insomnia or hypersomnia• Loss of interest in pleasurable activities • Social withdrawal

Even after preparation, their decreased energy prevents them from moving on.

They repeat their same old story.

PTSD and Exposure Therapy

Posted statistics 2006: Mental disorders are common in the United States and internationally. An estimated 26.2 percent of Americans ages 18 and

older—about one in four adults—suffer from a diagnosable mental disorder in a given year.

Mental disorders are the leading cause of disability in the U.S. and Canada.

Courts need guidance and assistance of the advocate. Symptoms of mental disorders may be significant: Tourette's or subtle (mood disorder); and, objectionable (facial tics, grimaces).

Symptoms can profoundly affect the LWD’s access to a fair decision.

• Stress triggers re-experiencing of the traumatic event • PTSD symptoms of avoidance and emotional numbing• PTSD symptoms of increased arousal• Anger, irritability, guilt, shame, self-blame, substance abuse,

depression, hopelessness, suicidal thoughts, feeling alienated and alone, feelings of mistrust and betrayal, headaches, stomach problems, and chest pain.

Mental Disorders Confound Judicial System

Types of exposure therapy can vary…

No. 1

Constructive Exposure Therapy

• The court process can be part of the therapy if it is done in short sessions. Digital recording video or audio very helpful.

• Prepare in advance using Huffer’s 8-Steps.• During a break, get client up to speed by replaying

from recorder key moments.• They can be re-exposed if they feel safe.• These examples result in a more productive, less

harmful, and smoother court experience.

No. 2

ADHD

AcademicLimitations

Low Self-esteem

Smoking and Substance Abuse

Legal Difficulties

Occupational/ vocational

Relationships

InjuriesMotor Vehicle Accidents

CHILDREN

ADOLESENTS

ADU

LTS

Trouble concentrating and staying focused Hyper-focus Disorganization and forgetfulness Impulsivity Emotional difficulties Hyperactivity or restlessness

Signs and Symptoms of Adult ADD/ADHD

Attention Deficit Disorder

Attention Deficit Hyperactivity Disorder

Anxiety

Panic Disorder

Obsessive-Compulsive

Disorder

Post Traumatic Stress Disorder

Generalized Anxiety Disorder

The Brain Is Like Plastic, Resilient

Social Anxiety Disorder

Stage Fright or Disability? Is it ethical to coerce an

anxiety disorder? STUTTERINGPALPATATION

BUTTERFLIES

TREMBLING/SHAKINGSWEATING

BLUSHING

Karolina Kremens, LL.M.*, PhD.Introduction to Forensic Sciences

Testimonial Evidence IIISpecial forms of Interrogation

Witness with mental disorder 192§2 of the code of criminal procedureIf there is a doubt regarding the mental state of the witness, the level of his/her

mental development, distortion of sight and hearing, ability to share information the court or the prosecutor may order, the questioning of a witness in the presence of a medical doctor or psychologist and the witness cannot oppose such order.

Article 192 kpk refers to the interrogation of a witness with mental disorders in a presence of the forensic psychologist.

It should not be mixed with a case when the mental state of a suspect is being checked (psychiatric opinion on the suspect) that is done by two doctors according to art. 202. The presence of the psychologist should be taken into deep consideration. The interrogating authority should be a least basically aware of the issues regarding forensic psychology and forensic psychiatry.

*The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M.

First thing to establish: “Is the witness generally capable to take part in the interrogation?”

In Cases of Mental Illness or Injury and Domestic Violence - Coercive

Control Condition may be used against them to discredit litigant in court i.e. calls them “crazy,” attempts to take over management of medication, makes victim feel embarrassed, dependent, or fearful.

Abuser gains social support through bias against those considered mentally ill or injured: talks to medical personnel, takes over finances, relegates victim to

dependency, assume control of the relationship becoming the sole decision-maker.

Abuser gets community support, sympathy, and assumes control over assets.

Is this high conflict or coercive control?Does it matter?

$

Conscience/Cooperation...............................Coercive Control

Influence........Authority...........Power

VIOLATES CIVIL RIGHTS

CCs PCs CONSCIENCE CENTERED POWER CENTERED

Huffer’s Protocol

Full Knowledge of ADAAA

Disability & Accommod

ations

Familiarity w/court

rules

Recovery

Reframing

Debriefing

Grieving

Deshaming

Obsessive Compulsive

Blaming & Attribution

Empowerment

Application of Huffer’s 8-Steps to the ADA Rubric

©

Social v Medical Model for Accommodations

Medical Model• Disease or Trauma

requires medical intervention.

• Diagnosis is no meaningful measure of individual experience or capacity

• Medical expertise required

Social Model• Focus on whole,

functional person• Intersection of person

and environment relevant

• Disability depends on welcoming environment

Public

Trained Advocates Design Creative & Imaginative Accommodations: What & Why

1.Digitalized audio or visual recorder to run during legal proceedings due to PTSD amnesia and inability to concentrate should be in the litigant’s possession at all times. Use unobtrusive recording devices.

2. Skilled break to employ 8-steps to abate symptoms.

3. LWD must not be kept waiting long periods in the

courthouse in the presence of the adversary

before a hearing. Instead,…4. LWD must have an opportunity to go to

a restful environment and be notified when it is

time for the hearing--abating coercive control.

5. Plain English, slowly spoken, is necessary during

proceedings. Equal access to discovery and all rules

of court need to be followed especially for PTSD

self-represented litigants. 6. Litigants with PTSD may need extended

deadlines for legal filings if they are symptomatic. 7. Domestic violence victims must never be

questioned by or placed under the authority of their abuser.

8. Correction of misinformation that attacks character and is designed to outrage and interfere with concentration of the PTSD litigant must be immediate. 9. Therapeutic mitigation when communication is toxic and cyclical. Email proxy voice. 10. Always a certified ADA Advocate

Trained Advocates Design Creative & Imaginative Accommodations: What & Why

“YOU TELL HIM @#$%^!”Could it be a simple as that?

When simple exchanges between high conflict individuals needs to occur, suggest Therapeutic Mitigation-provided by a

certified, trained ADA advocate. It saves the court time. It saves the litigants money. It removes physical and emotional stress. Provides a place for personal issues to be

expressed that are not within the scope of the case.

©

• Ratchet-up the level of responsibility that everyone assumes and demonstrates: Replace “they” with “we.”

• Big and powerful group with a great deal of influence--we talk about them a lot:

• “They should know better!” ; “That’s their problem!” ; “They need to do something about this!” ; “It’s all because of them!”

• Look at what “they” and “them” mean: OTHER PEOPLE, SOMEONE ELSE. dripping with non-responsibility.

• Switch our perspective–stop using “they,” “them,” and “their” altogether, and instead used “we,” “us,” and “our.” i.e.. “(They) We need to do something about this!” “That’s (their) our problem!”

• “It’s up to (them) us!.” Use “we” instead. The first step in taking responsibility is acknowledging that WE have it. Every time we’ve gone looking for them, all we’ve found is US.

“We” are a millisecond

from being… “them”

Agentic Shift…Beware of what Milgram (1974) termed the ethical agentic shift in which the professional acts responsibly toward the hierarchy of authority or employer’s requirements while abdicating personal and social responsibility for the consequences of the actions. Leads to disregard for the individual and an unflinching eye on the WIN.

You are asked to act or respond to an ethical question or request, “Hey, I have a little problem. You’ll concur with me on this, won’t you?”

What would you do if you were asked to concur with changes in medical/legal records or violate confidentiality?

No not in regular run of professional practice

Ethically challenging situations need clear communication tools-very hard with power differential

Helps if profession enforces the right thing- then there is support

Personal response is important and not all that unusual.

Legal and ethical are two different levels of functioning.

One is for purpose of quality of human life.

Other is for conflict resolution and enforcement of laws and rules.

Exploit a Disability?

2012 IMPLEMENTING WHAT WORKS

The Missing Piece

DR. KARIN HUFFER

REGISTER @equalaccessadvocates.com

• Course titles: Certified ADA Advocate or Forensic Disability Specialist (difference refers to degree currently held by participant)• Instructor: Karin Huffer, legalabuse@gmail.com • When: April 12-May 24, Thursdays, lunch hour from 11:30AM-2PM• Text: Unlocking Justice and supplemental packet included in fee• Where: Online/Webinar classes • Format: ppt presentations with live audio lecture, Q&A, email used for

communicating expectations, updates, etc. • Cost: $27.50 per CLE/CEU credit or $495.00 for 18

credits; discount of $50 per participant if enrolled by March 30. Group discounts negotiable--Contact Jason Huffer 561-901-1403