Alaska Mental Health Trust Authority FY06/07 Trust Beneficiary Group Initiative Grants

    Organization Information


Organization Name  

 
Law Project for Psychiatric Rights  
Organization Type  

 
Non-Profit  
Organization Mailing Address  

 
406 G Street, Suite 206  
City  

 
Anchorage  
State  

 
Alaska  
Zip Code  

 
99501  
Organization Physical Address  

 
406 G Street
Suite 206


 
City  

 
Anchorage  
State  

 
Alaska  
Zip Code  

 
99501  
Organization E-mail Address  

 
office@psychrights.org  
Organization Phone  

 
907/274-7686  
Tax ID Number  

 
55-0805233  
WWW Address  
web site address  

 
http://psychrights.org  
Primary Contact's Last Name  
Project Manager or primary contact's last name  

 
Gottstein  
Primary Contact's First Name  
Project Manager or primary contact's first name  

 
Jim  
Primary Contact Office Address  

 
406 G Street
Suite 206


 
City  

 
Anchorage  
Zip Code  

 
99501  
Primary Contact's E-mail  

 
jim@psychrights.org  
Primary Contact's Office Phone  

 
907/274-7686  

    Project Summary


Request Date  

 
June 09, 2005  
Project Title  
Please limit to one sentence  

 
PsychRights Companion Capital



 
Population Served  
Select the beneficiary category to which this request is targeted. For a detailed description of beneficiary groups, please visit the Trust website at www.mhtrust.org  

 
Mentally Ill
      - Select One -
         - Select One -
 
Project Need Area  
Please describe the need and/or the specific beneficiary group issue that will be addressed by this project/activity.  

 
This is a companion capital grant request for PsychRights System Improvement grant application to set up an office for two staff members.

Beneficiaries are being illegally subjected to forced psychiatric drugging due to the failure of the current system to provide adequate legal representation. This is not only unaccepatable on its own, but also results in many people becoming "chronically mentally ill" who could otherwise successfully get through their initial psychotic experience(s) if they weren't forced onto psychiatric drugs. There are also many people who are not able to tolerate psychiatric drugs, and who, if given a chance, could successfully stop taking them or substantially reduce dosages, but are forced to continue these very harmful drugs. It is clear the current mental health system's over reliance on these drugs at least DOUBLES the number of Trust beneficiaries who end up chronically mentally ill.
(See, "Mad in America; Bad Science, Bad Medicine and the Enduring Mistreatment of the Mentally Ill," by Robert Whitaker. Also see, "The case against antipsychotic drugs: a 50-year record of doing more harm than good," by Robert Whitaker, Medical Hypotheses, Volume 62, Issue 1 , 2004, Pages 5-13, which has been uploaded in support of this application.)

The Trust's beneficiaries are entitled to (1) options that do not destroy their lives, and (2) have their legal rights honored.

This project addresses both of these fundamental beneficiary needs, but its intended impact is far beyond the specific beneficiaries who will be represented in these proceedings. By making it harder to accomplish forced drugging, other options become more attractive by comparison. In fact, to the extent the system is unable to force beneficiaries to take unwanted drugs, it will have to utilize other approaches, which have been shown to dramatically improve lives. The creation of these alternatives will improve Alaska's entire mental health system.





 
Beneficiary Oversight  
Please demonstrate the composition of the advisory or oversight group and the proportion of beneficiaries, family members of beneficiaries and other volunteer's status (connection to mission, professional occupations, financial experience, etc.) Upon successful receipt of the application, a full matrix will be sent to all applicants to provide complete information on Board/oversight composition.  

 
PsychRights' bylaws state: "at least 2/3rds of the members of the Board of Directors shall be a past or present consumer of mental health services of such a nature that inpatient care may have been necessary." There is compliance with this bylaws provision.



 
Project Description  
Provide a detailed explanation of the project: What do you plan to do? How will you implement this plan? Who will be responsible for implementation? What is your timeline? How will you receive referrals or find the beneficiaries you plan to serve? Provide as much information as possible to fully explain the scope of the project.  

 
If the PsychRights System Improvement Grant is awarded, these funds will be needed to minimally equip and furnish the office with two computers, a phone system, a multifuncition copier/fax/scanner and furniture. If the operating grant is not awarded, neither should this one.

As to the project itself, the project is designed to allow Trust beneficiaries to use the court system to expose and reduce unwarranted forced psychiatric drugging in a way that will create positive change. Providing vigorous legal representation to certain beneficiaries facing forced psychiatric drugging can be a key element in creating extremely positive change by creating the necessary incentive to the system to provide alternatives.

Currently, due to the complete lack of adequate representation for Trust beneficiaries in these forced drugging proceedings, forced drugging is by far the "path of least resistance." The lack of adequate representation is well known. New York Law School Professor and author of the definitive treatise on mental health law Michael Perlin has written, "Traditionally, lawyers assigned to represent state hospital patients have failed miserably in their mission." Competency, Deinstitutionalization, and Homelessness: A Story of Marginalization, Houston Law Review, 28 Hous. L. Rev. 63 (1991).

In addition, it is not unlikely that the Trust's beneficiaries are legally entitled to the "least restrictive alternative," and the Alaska Supreme Court could so rule in the Myers Case, Alaska Supreme Court Case No. S11021 at any time. In any event, there is no doubt there is massive over-medicating of the Trust's beneficiaries and their lives will be greatly improved to the extent this project is successful.

There are many other places where forced drugging occurs, with the most heart-wrenching being its use on children. It can be safely estimated that well over 50% of the children in state custody are being given very powerful psychiatric drugs, most of which have never been approved for pediatric use. In many cases, this includes multiple drugs, known as (irresponsible) polypharmacy, for which there is no supporting research and where nobody has any idea what these drugs are doing to these Trust beneficiary children's developing brains. In most cases, these children have had traumatic experiences and/or are living in frightful or dysfunctional situations. Rather than try to correct these problems, the children are labeled as having defective brains and (mis)treated accordingly. PsychRights will develop a legal strategy to reduce forced drugging of these children and instead create positive changes in their lives.

Another area where the State illegally force drugs Trust beneficiaries is in prison. We know that psychiatric drugs actually increase psychotic relapses, especially when people quit taking them, which they often do when they are released from prison. PsychRights has the Department of Corrections on record admitting it is violating its prisoners' constitutional rights (see, http://psychrights.org/States/Alaska/CaseThree.htm), but PsychRights' lack of staff has delayed being able to address this. If the PsychRights System Improvement Project is funded, this issue will also be addressed.

Implementation of this plan will be fairly easy upon grant award. Recruitment of an attorney and assistant, as well as acquisition of office space, can begin immediately with work on the project to begin as soon as the attorney is recruited.

James B. Gottstein, Esq., a very experienced attorney in this field, will supervise the project on a pro bono publico basis.

Currently PsychRights receives numerous requests for help fighting forced drugging which cannot be addressed because of the lack of a staff attorney. It is thus anticipated that even if the project is fully funded, there will still be many cases that cannot be undertaken. PsychRights is well known and respected among Mental Health Consumer organizations and also receives many referrals on an ongoing basis through this route -- most of which it can not take on because of the lack of a staff attorney devoted to this effort.

























 
Project Methodology  
Please describe the methods or model that you will use to implement this project. Why do you think this approach will be successful in achieving your desired outcomes? The Trust is particularly interested in funding strategies that have been evaluated and found to be effective.  

 
Estimates were made for the items in the budget. Uploaded in support of this application are quotes for the computers and the multifunction printer/copier/fax.

With respect to the project, itself, strategic legal cases, under the supervision of experienced attorney James B. Gottstein will be undertaken by the staff attorney hired with these grant funds. The cases will be selected with an eye towards both creating favorable precedent and providing sufficient incentive to the State to offer truly helpful alternatives for Trust beneficiaries diagnosed with serious mental illness.

This will include appeals and may also include federal lawsuits, particularly under the federal civil rights statute, 42 USC §1983.

Mr. Gottstein was one of the main attorneys representing beneficiaries in the Mental Health Trust Lands Litigation, which created the Mental Health Trust Authority and thus has experience with system changing litigation.

Litigation as a means for changing systems is a proven strategy. In addition to the Mental Health Trust Lands Litigation for the mental health system, the Molly Hootch case for rural education and the Cleary case for prison administration in Alaska, the civil rights litigation by Thurgood Marshall and the NAACP in the 1950's and '60's is a classic example. In situations like this where governmental policies are supported by large economic interests, litigation is often the most effective, and quite possibly the only way to eliminate the abuses. It is certainly true here that two years of efforts to persuade policymakers to redress the situation have failed to result in any meaningful change.




















 
Project Start Date  

 
July 01, 2005  
Project End Date  

 
December 30, 2005  
Geographical Area Served  
Select the geographical area impacted by this project  

 
Statewide  
Request Amount  
Please state the amount of funds that you are requesting  

 
$18,400  
Operating or Capital  
Will the funds be used for operating or capital expenditures?  

 
Capital  
Project Budget  
Please provide a budget with details for the request amount.  

 
Two Computers $4,400
Multi-Function Printer/Copier/Fax $10,000
Furniture $2,500
Phone System $1,500
Total $18,400




 
Budget_Narrative  
Please describe the activities that will occur for each budget item for this project.  

 
Two Computers $4,400 Two computers at $2,200 each. See uploaded quotes.
Multi-Function Printer/Copier/Fax $10,000 See uploaded quote. A legal office needs serious paper processing ability and this multi-function printer/copier/fax has the needed capability at a comparatively inexpensive cost.
Furniture $2,500 Estimate for furniture.
Phone System $1,500 Estimate for phone system.
Total $18,400 Total requested under this capital grant application.










 
Other Funds  
Please list the other funds that will be used in this project  

 
N/A



 

    Outcomes


Expected Outcomes  
What are you going to accomplish? The proposed deliverables detailed here will be used by Trust staff to evaluate the progress of the project. Outcomes are discreet, measurable products from the project/activities that you expect to see as a result of your activities.  

 
In terms of the the uses of these funds, the equipment should be purchased by the end of the calendar year, probably a few months before that.

With respect to the underlying System Improvement project for which this is the companion capital grant, beneficiaries receiving legal representation will receive much better legal representation than they otherwise would without this grant. This will be relatively easy to measure by aggregating the number of cases taken, the success rate, and what was achieved or not in each case.

It is also hoped that through such strategic litigation Trust beneficiary's rights to adequate representation, funded by the state, will be established (such a case is now on appeal). This will also be easily determined. Either the Alaska Supreme Court will hold Trust beneficiaries facing forced drugging proceedings are entitled to a reasonable level of representation or not. The court may also hold as part of this that Trust beneficiaries are entitled to have the state pay for expert witnesses to potentially testify on their behalf.

More importantly, but less certain, the PsychRights System Improvement Project can truly be a lever for transforming Alaska's mental health system to a recovery-based one offering truly helpful alternatives to forced psychiatric drugging based on respect for Trust beneficiaries and through honoring their legal rights. Whether and the extent to which such alternatives have become available can be easily determined and documented. beneficiaries receiving legal representation under this Project will receive much better legal representation than they otherwise would without this grant. This will be relatively easy to measure by aggregating the number of cases taken, the success rate, and what was achieved or not in each case.









 
Exit Strategy  
Please describe the sources of funds (if known) that this project may use in the future after Trust funds end. Please state if this information is not known at the time of application.  

 
Project is completed/accomplished
      - Select One -
         - Select One -
 
Exit_Strategy_Narrative  
Please describe the plan to transition this project to a long term funding source after the Trust funds end.  

 
This capital project will be completed.

The underlying System Improvement project for which this is the companion capital grant, is seen as a time limited one that either will or won't achieve its goals of creating structural changes in Alaska's forced psychiatric drugging regime drastically reducing illegal forced drugging and dramatically increasing truly helpful, non-medication options. It is conceivable this could occur within the two year time period, but a lot of things would have to fall into place. This can be evaluated at the end of the grant period should this project be funded, but no additional capital fund request(s) are anticipated.






 

    Attachments

   
 Title File Name
 IRS Advance Determination Letter 501c3.pdf
 Dell Computer Quote DellQuote.pdf
 Gateway Quote GatewayQuote.pdf
 HP Quote HPQuote.pdf
 Multifunction Printer/Fax/Scanner Quote hp403110.pdf
 Consumer Consortium Statement May16-2005Consortium.pdf
 Jim Gottstein Bio JGBio.pdf
 Jim Gottstein Resume JGResume.pdf
 Resolutions PsychRightsCapitalTBGIResolutions.pdf
 MHAAK Support Letter MHAAKPsychRightsletter.pdf
 Karen Hodge Support E-mail KHodgee-mail.txt
 NAMI-Ak Support Letter NAMI-AKLetter4PsychRights.pdf
 Consumer Web Support Letter WebPsychRightSupportLtr.pdf
 Ionia Support e-mail Ioniae-mail.txt
 Ionia Support Letter IoniaSupportLtr.pdf
 Jamie Dakis Support Letter JamieDakis.pdf
 The case against antipsychotic drugs: a 50-year record of doing more harm than good 50yearecord.pdf