Thursday, January 17, 2013

Executive Orders should include Retroactivity for Existing School Violence © 2013 by Wayne D. Lewis, Sr


Obama's Gun Control Proposal: What's Actually In The Comprehensive Package (SLIDESHOW) An Analysis by Wayne Dan Lewis, Sr. Author of: R U Politically Motivated? © 2013


 
Before I even read President Obama’s administrative response on Gun Control after the Newtown, CN elementary school shooting, headed up by Vice President Biden, I was frustrated.  I knew before I read this and all of the other articles, that President Obama had caved in to the NRA and other gun rights activists.  I knew that he allowed Gun Control to be the main theme of his Executive Order(s), believing that I would not see one thing related to mental illness.  To my great surprise, I was wrong.  But not totally, and hopefully, not ungratefully.


I am one of the many who wrote to the White House (www.whitehouse.gov), hoping against hope, that my call for focus on mental health for those who act out criminally and with total disregard for life will be provided some avenue toward receiving the necessary assistance visa vie hospitals, clinics or  treatment facilities.  While I counted 15 times the word mental was mentioned either in conjunction with health or illness, I am disappointed to a certain extent.  I’ll explain why shortly, but let me at least express gratitude for those portions of the Executive Order that speaks to mental health, particularly for our students who maybe subjected to acts of violence such as to what our nation has witnessed in not only schools, but in movie theatres, on our military base(s), in the work place, and at public gatherings such as was the case for former Congresswoman Gabby Gilford.  Below in italics, are those segments of President Obama’s Executive Order that speak to providing our children with counseling within our schools across the nation who maybe subject to gun violence.  And while these approaches provide some level of comfort, they would appear to be too late for many of our urban locations where violence is a deadly occurrence for inner city youth.  We hope however, that the millions of dollars committed by President Obama, will be retroactively provided, because too many of America’s children have seen violence in schools, on playgrounds, and in their communities.  Here are 6 sections of President Obama’s Executive Order that addresses mental health or mental illness.  Below these, I discuss where I believe the President could have gone further.


·         Mental Health Coverage For Medicaid Recipients

There is some evidence that Medicaid plans do not always meeting mental health parity requirements. In an executive action, the Obama administration issued a letter to state health officials insisting that these plans must comply with mental health parity requirements.

 

·         Clarify Mental Health Coverage In Private Insurance Plans

By executive action, Obama announced a plan to finalize regulations that would require group health plans offering mental health care to cover such services at parity under the Mental Health Parity and Addiction Equity Act of 2008. Additionally, the Affordable Care Act requires all new small group and individual plans to cover mental health and substance abuse services.


·         Mental Health Treatment For Youth

Through partnerships such as the newly proposed Project AWARE (Advancing Wellness and Resilience in Education), President Obama is urging Congress to take up a comprehensive plan to reach 750,000 young people through programs for early detection of mental illness and swift treatment. Project AWARE includes $15 million for training teachers and other adults who interact with youth to detect and respond to mental illness.

 

·         Change School Discipline Practices

Students who are suspended or expelled are far more likely to repeat a grade, not graduate or become involved in the juvenile justice system. The Obama administration believes effective school discipline policies are critical to addressing school and community crime and violence issues. Under Obama's executive action, the Department of Education will collect and execute best practices on school discipline policies and help schools implement these policies.

 

·         $150 Million For In-School Resources

The Obama administration is urging Congress to take up a Comprehensive School Safety program that will offer $150 million to school districts and law enforcement agencies to hire resource officers, school psychologists, social workers and counselors. The Department of Justice will also develop a model for schools that use resource officers, including age-appropriate methods for working with students.

 

·         Resources For Youth Who Witness Violence

To help schools break the cycle of violence, the administration will urge Congress to provide $25 million to offer students mental health services for trauma or anxiety, conflict resolution programs and other school-based violence prevention initiatives.

 

I have often referred to the issue of Gun Control after a mass murder of this nature, a Misdirected Play.  By focusing on Gun Control, we rarely focus on the individual(s) who take killing innocent people to an all time high.  There has to be something said about the mental health of a person who kills without a reward or tangible benefit.  In other words, they are not walking away with millions of dollars, a special coin, or even for political gain.  They just kill, and whether they kill themselves or not, their apparent intrinsic benefit seems to be that they got our attention, because they needed help.  But again, I am no psychiatrist, or psychologist. 


I’ve worked around enough psychiatric patients to have a clue that something about the alleged killer is asking for help.  And to that end, this is where I believe the President’s Executive Orders stop short.  These orders don’t address the person who picks up a weapon or weapons, and prepares to not only kill, but be killed.  The weapon of choice is truly immaterial, because the choice of venue is unmistakable:  public.  There had to have been other signs, but someone, or something has played a recurring role significant enough to diminish the potency of the calls for help.  The outcome has to be a classic diagnosis:  Hurt others until it doesn’t hurt them anymore to suffer from whatever is hurting them.  Only a psychiatrist or psychologist knows for sure.


Obviously, the President can’t address every eventuality.  However, the number of incidents are piling up, the number of innocent lives that are being lost are getting younger, and the time for debate over Gun Control is one that will go on forever and a day.  But Mental Illness must take center stage, or on the 50 yard line, or whatever analogy that best addresses the increased incidents of people killing people for no other reason than to get attention.  I could be wrong, but that signals a call for mental health assistance.  Wouldn’t it be better if these people, or better yet, these patients, could get the needed help because we opened the doors to assistance, rather than close those doors?


Gun Control, and the associated drawbacks of debating the 2nd Amendment, as well as the types of bullets (for example, armor-piercing), how many bullets can be stored, or the types of guns that can be purchased (AK models), and whether or not the government is trying to, or is able to take the weapons from law-abiding citizens diminishes the competition for the need for mental health.  The President’s response, commendable as far as how it addresses prevention with respect to our children who are subject to be exposed to the violence of any weapon, whether a .357 magnum or M-16 rifle, and the need for counseling, but his Executive Orders fall short in two areas, specifically.

 

A.    It does not address a need for those in need of mental health assistance, whether individually, or families with loved-ones who have to face closing mental health facilities, including hospitals, clinics and treatment centers.  If his orders could be amended, even if through the Affordable Health Care Act, it would open those doors, provide the medical professionals and staff qualified to provide medications, counseling and options for the best care available.

B.     The Executive Orders do not specify retroactivity.  Guns in schools go back over 20 or more years.  There weren’t always grown men with guns as in Sandy Hook Elementary, who may have needed mental health attention.  There were young boys, many of whom were high school students, inner city students who were either afraid of drug dealers, or who may have themselves been involved in drugs, who brought guns to schools.  There were instances in which kids were found with guns in their backpacks, afraid for their lives because of gangs that made up a gauntlet to and from schools.  Those were the days then, and still to this day, inner city schools are already filled with security guards and police officers.  Are they any safer?  The verdict is still out, but one of the elements that remain missing in the aforementioned counseling through the President’s Executive Order that will be provided to many schools going forward, should they be the site of violence as we witnessed at Sandy Hook Elementary, is whether those students who are currently exposed to violence in their schools be eligible for that same counseling.  Violence in schools have had no less effect on many of our children in our inner city schools, and they too are in need of the same counseling as referenced in the President’s Executive Order as posted at the Huffington Post.[2]

 
http://www.hhs.gov/asl/testify/t990311a.html

President Obama is to be commended that he did not turn away from this matter and let it become solely a Gun Control issue.  He and Vice President Biden are to be commended that they sat down and had the necessary dialogue about the violence that is very much apart of our American landscape when it comes to matters of readiness for those who act out as they do, especially due to mental illness .  But there is room for improvement when it comes to allowing Gun Control to take center stage while many men and women are in need of mental health assistance.  There is room for improvement, when we forget those  children who have already suffered and continue to suffer in schools where violence, not exclusively guns, are a way of life, and there is no counseling.  So I ask Mr. President that you make this Executive Order, Retroactive.  Thank you and God Bless America.



[1] Dunkely, Gabrielle  The Huffington Post  Posted January 16, 2013
[2] Dunkely, Gabrielle  The Huffington Post  Updated January 17, 2013

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