In this climate of police reform and brutality, we need to do a better job with preparing people with disabilities and their families for encounters with law enforcement. How many of you take the time to train your clients and families on how to interact with law enforcement? Before you say, “it’s not our place”, I encourage you to rethink your position.
Consider the fact that youth in the juvenile justice system qualify for special education at over three times the rate of those not in the juvenile justice system . This means that most children in the juvenile justice system have a disability. At the same time, schools are partly responsible for introducing special needs children to the justice system by making direct referrals to law enforcement. According to a study by the US Department of Education, Office of Civil Rights, about 28% of all school-based referrals to law enforcement were students with disabilities in 2015-2016. This is double the percentage of students with disabilities in the educational system during the same time period based on data collected by The National Center on Education Statistics . This fact alone makes it imperative that we empower our families with special needs to prepare themselves for law enforcement encounters.
These encounters although stressful, do not have to be negative if the needed supports are in place. Unfortunately, many schools are more likely to handcuff a child with a disability than to provide them with counseling and mental health support according to the ACLU who reported on a settlement involving the handcuffing of 2 school children with disabilities by school police. Stories like this make parents like Tori Thompson worry about the safety of her own son with autism.
My concern, my fear, is not being there to keep him [my son] safe. Tori Thompson~ Parent
Where do we start?
According to the American Occupational Therapy Association, occupational therapists offer a “crucial role in preventing, promoting, and intervening to address both the physical and mental components inherent within interacting with individuals with disabilities in order to insure public safety.”
Sergeant Howard Miller, Public Affairs Officer at the Alpharetta Department of Public Safety, in Alpharetta, GA, also supports a prevention first approach. He states that, “Our operating philosophy when dealing with any special needs person is referral & treatment services first and arrest only as a last resort.” We as clinicians, educators, and administrators should already be incorporating some of these prevention strategies into our routine interventions and training.
Avoid Triggers for Eloping or Wandering
Noise cancelling ear covers can help people with hypersensitivities to sound cope during fire drills, concerts, assemblies, and noisy environments.
Prevention Methods
A. Environmental Set-up and Modification
Preventing a need to contact law enforcement in any situation is best for everyone’s safety. Unfortunately, however, the risks are much higher for people with disabilities to be harmed during an encounter with law enforcement due to the unexpected behaviors involved with certain conditions like autism, dementia, and other mental health concerns. These groups of conditions often include difficulty with communication, processing information, and interpreting environmental cues. On the flip side, law enforcement may also misinterpret the physical and communication behaviors of some people with special needs as being criminal and defiant. This is a concern echoed by Ms. Tori Thompson, a parent of a child with autism. She worries that people with disabilities may be assumed to be a criminal or manipulated into agreeing to something that was not accurately depicted.
Despite the intent of law enforcement to de-escalate and arrest only as a last resort, law enforcement officers are more likely to use a weapon on someone with a disability than someone without. Such was the case with 18 year old, Clifford Grevemberg who has autism and was tasered after being accused of appearing drunk outside of a bar in Tybee Island, GA. He waited outside on a bench, while his older brother picked up a food order inside. Clifford was too young to go inside. The police officers who encountered him stated that he was agitated and charged him with disorderly conduct after tasing him. Clifford sustained injuries that included a broken tooth. The officers were later charged with a felony for falsifying a police record and resigned from the police department. In addition, the police department underwent training to better learn how to recognize the signs of someone with a disability.
Unfortunately, there are numerous accounts like this around the world. Most recently, a 32 year old Palestinian man was shot and killed by a border police officer in Israel. Iyad Halak was severely impacted by Autism. He did not understand the officers commands to stop. So, the police opened fire and killed him. Communication barriers and the tendency to elope under situations they may not understand, make people with disabilities more at risk for harm when encountering law enforcement.
Therefore, we must improve ways to help keep people with disabilities safer when interacting with law enforcement. We do this by teaching children appropriate behaviors based on the situation. We also teach them coping strategies or read their cues to learn their coping strategies if they are unable to tell us. First and foremost we want to mitigate situations for wandering or eloping away from their educators or caregivers. Reducing the risk of wandering and eloping helps ensure that someone is always around to advocate for the person living with a disability. Some people may think these are the same thing. They aren’t. Understanding the difference between eloping and wandering can help determine which environmental strategies should be used with each person.
Eloping in this context occurs when a person with special needs wants to escape a stressful situation. They are trying to get away from discomfort, but may not necessarily be trying to go somewhere. Under these circumstances it is important that all team members at home, school, and the community be aware of triggers that may increase the risk for eloping. Their care providers also need to know where the person may go to feel safe. In the case of a child with autism, the trigger may be the pitch and volume of the fire alarm during a fire drill at home or school. In this case, occupational therapists may advise school administrators, teachers, and parents to keep noise canceling earphones available for the student during disaster preparedness activities. It is best to have the person practice using these supportive devices during typical situations so that they won’t resist when the strategy is needed. An adult with dementia on the other hand, may be fearful of water and leave the house to escape the sound of the shower while the caregiver bathes. In this instance of elopement, the caregiver may need to shower when there is a second helper in the home.
When a person with special needs wanders, they have a specific desire to get somewhere, something, or someone no matter what. This might mean that a child runs off to get ice cream because that was a previous routine. There may be no regard to safety or rules, like looking for cars when crossing the street, asking permission before taking ice cream from a stranger, or petting an unknown animal, only the impulse and desire to get where the person wants to be. Similarly, an adult with dementia might leave the house to pick up their child from school, even though all their children are grown. In each of these cases, the risk for encountering law enforcement without an advocate around puts the person with a disability at risk for harm. Knowing the person’s motivation behind the behavior can help avoid the behaviors altogether by implementing environmental changes for safety. If wandering or eloping is a concern, then families may need to consider a personal tracking device. Parents should also be encouraged to identify the safety measures in place at school to prevent wandering and eloping as well. They should also be encouraged to ask questions about the procedures in place to notify family when wandering or eloping occurs.
B. Modeling Expected Behaviors & Strategies
Whenever possible, it is best to teach people with mental health and other disabilities useful coping skills to help them navigate stressful situations. It is most helpful to introduce and practice new strategies when they are not under stress. Modeling, scripting, social stories, and coaching are good ways to teach coping or self-regulation strategies. Visual and auditory supports can enhance the learning as well. Practicing during times that the client is relaxed increases the chances of using strategies appropriately when under stress.
Modeling positive strategies helps people with special needs cope under stress
Co-Regulation- Children learn how to cope and self-regulate based on the models around them (teachers, parents, peers, and therapists). Some people have disruptions in their self-regulation system due to the nature of their condition. In such cases, people with disabilities may need someone to help them “co-regulate” during stressful situations. As a caregiver, clinician, or parent, we may have to identify behavioral cues to help a person with a disability cope. Similar to strategies used with newborns, for example, occupational therapists teach parents to pay attention to their loved ones cues to help with sleeping, eating, or trying to return them to a calm state. The same strategies can be applied to people throughout their life span. Regardless of the condition, occupational therapists, educators, and clinicians need to identify what helps the person calm down. It might be a matter of trial and error to find the most helpful tools. However, as you practice techniques that work, keep the materials close by, so that they are available for use when needed. I often recommend creating a calming box of tools that has a variety of strategies available. One could be created for use at home, trips, and for school.
Teach by example- Be mindful of how you respond during a challenging situation at home, in your clinic, office, hallway, or classroom. It does not matter if you are interacting with an adult or a child. Children are always watching and will replicate your behavior, mannerisms, and tone of voice when they face a challenge as well. Remain calm during challenging interactions with adults and youth.
Zones of Regulation- Children need to be aware of how they feel in order to process and manage their behaviors during stressful situations. The Zones of Regulation is one program that helps adults and children describe, identify, categorize and validate their emotions as they occur throughout the day. I often tell parents and teachers to identify their own emotional and arousal state using the different zone colors (blue, green, yellow, and red) in the classroom. Talk out the strategies that help you as an adult return to a calm state such as exercising, taking a break, or listening to music. This will help children learn to organize their feelings and reciprocate your model. For children and adults with compromised communication skills, you may have to rely on the co-regulation activities discussed in number one.
Mindfulness Strategies- Stop, breath, think, and then respond are ways to model positive behaviors for children. This allows you to avoid lashing out at your student, child, or person you are caring for with uncontrolled emotions. Pausing before responding allows our thinking brain to direct our responses instead of using feelings to direct our actions.
Respect- Avoid sounding annoyed when talking about your clients to your colleagues. People know when they are not liked by the people who are supposed to care for, educate, and protect them. Even if they can’t state what you said, they know how you made them feel. Our attitudes can influence them to act out. Review the complaints at the US Department of Education, Office of Civil Rights to read the inappropriate attitudes and words staff are accused of saying to students. It is amazing how many negative encounters children have with the staff at their schools to the point that parents have filed complaints.
Speak Up to Injustice- Sometimes you may be the only voice a person with a disability has when communication is limited. It can be even worse for children considered a behavioral problem. They run the risk of not being considered credible if they contradict a staff member’s or caregiver’s report of what occurred.
Attitude and Mindset- Keep your mindset focused on the positive outcomes you want to achieve. Try to understand the reason for problematic behavior. Sometimes genuine empathy helps de-escalate a situation.
Advocate for Mental Health Support- Referral to Law Enforcement should be a last resort in any situation. Consider asking for funding for mental health supports.
C. Clinical Interventions & Advocacy
Ways Occupational Therapists can help improve the safety of people with disabilities in their communities and schools.
Take the Mental Health First Aide Training for Adults and Youth
Identify and teach calming strategies during individual treatment sessions (these are usually introduced as sensory based and mindfulness strategies).
Consider doing large group presentations for parents, teachers and staff to capture the needs of families who may not have occupational therapy services.
Teach clients how to give autobiographical information when asked by adults or law enforcement.
Teach self-advocacy and assertiveness skills- such as saying no, telling an adult, or calling 911.
Collaborate with the school police, transition teams, and life skills team if you are in a school setting to determine the best strategies to use for students with communication challenges to interact with law enforcement.
Contact your local police department and juvenile justice system. Find out if they have any systems in place for juveniles or adults with special needs.
Offer your services as a consultant to help with de-escalation strategies, identifying behaviors consistent with certain disabilities, and adjusting the environment.
Identify if your local police department has training in place for interacting with people with disabilities and crisis training. Identify if they have any training in place specific to considerations for people with autism or dementia. Determine how often the training is done.
Advocate for ways to avoid school suspensions for students with disabilities by training staff on prevention strategies. Suspension from school make it less likely for students to succeed in school.
“As a therapist, I know how the extra education or training on various mental health issues can really help so many of these concerns” Tori Thompson, Parent & Clinical Social Worker
D. A Parent’s Story, Empowerment, and Recommendations
Tori Thompson is a clinical social worker, therapist, and parent to a 5-year old with Autism. Although her son has difficulty communicating, Ms. Thompson is thankful he does not wander off or elope. Ms. Thompson expresses concerns around:
“not being there to advocate and/or communicate for my brown son in a situation with a law enforcement officer that isn’t familiar with autism. I want to be there to educate them on why he may be stimming in a stressful situation and explain that he’s not responding to your directions or questions because he’s scared/stressed or just unable to not because he’s being defiant, oppositional, or disrespectful. My concern, my fear, is not being there to keep him safe.”
Ms. Thompson believes that many law enforcement officers have compassion and awareness for how to help manage situations where someone might need help calming down. She also expresses a concern that some law enforcement officers may lack knowledge about individuals with special needs. Similar to concerns discussed by the Office for Victims’s of Crime, Ms. Thompson is concerned that some law enforcement officers may treat people with disabilities like a criminal or manipulate them into agreeing to a situation that is not accurate. Ms. Thompson also raised the concern that a family member or caregiver would not be allowed to help during a stressful situation. In order to eliminate some of her concerns, Ms. Thompson enacted the following safety plan after her son was diagnosed with Autism:
a. She called and emailed the emergency services in her area to “let them know that any calls from our phone number and our home address should have a note attached that we have a child/family member with ASD. Due to this diagnosis he may not respond when called and may not follow commands/instructions”.
b. Started reaching out to local enforcement agencies to see how I can help facilitate a training or share needed information about ASD.
c. Try to address their [law enforcement’s] concerns.
d. Recommend that other parents get involved and be your child’s advocate.
On Empowerment: Ms. Thompson believes her parents’ guidance to not only identify a problem but to work to be a part of the solution has helped her strive to mitigate some of the safety concerns she has with her son. She was raised as a Catholic Christian, which ingrained in her the need “to show compassion for all and to speak up for those who need a voice”. Furthermore her training as a Licensed Clinical Social Worker allows her to hone in on what’s in the best interest of the client.
In addition to the steps Ms. Thompson has taken, below is a list of other suggestions occupational therapists should encourage families to consider implementing.
Create a list of organizations to contact in your community.
Create an identification badge or device that can help law enforcement identify your loved one. Example A and example B.
Encourage families to use social stories to increase safety during interactions with law enforcement.
Use visual supports as much as possible when working with people with communication or processing challenges.
Share this safety form with parents. Although it’s specific to Autism, many of the strategies are applicable to any person with similar concerns.
Encourage families to greet law enforcement and first responders when they see them in the community.
Avoid teaching children to be afraid of law enforcement and the police.
Do not tell children they are going to jail if they misbehave. This can create increased anxiety and trigger a fight or flight response in people with disabilities.
Have caregivers inform the police department of their loved ones condition, triggers, and calming supports
Consider getting a Personal Tracking device or other tracking system. Before deciding on one, ask about the pros and the cons. Also have the company explain the conditions that the device may not work. Trackers that use radio frequencies can be active under debris for example. GPS on the other hand may not be detectable if covered by leaves.
Have parents contact the local juvenile justice system to better understand the system for managing juveniles with disabilities in their area.
Encourage parents and caregivers to advocate for more mental health support.
Encourage caregivers to advocate for more training within law enforcement.
Encourage parents to advocate for appropriate use of school police and process for referrals to law enforcement for students.
Since people with disabilities are more likely to encounter law enforcement as a victim, share relevant resources such as The Office for Victims of Crime.
I hope you’ve found some of these strategies useful. What other strategies would you recommend? Leave your thoughts in the comments and don’t forget to like if you enjoyed this article.
Always,
The Savvy Therapist
Additional Resources:
US Department of Education Office of Civil Rights