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How Jared Loughner Fell Through The Mental Health Cracks

GILLIAN FLACCUS   01/12/11 07:45 PM ET   AP

Jared Loughner

TUCSON, Ariz. — Jared Loughner had never been in major trouble with the law or overtly violent, but his behavior at his community college was so disturbing that campus police gave him and his parents an ultimatum: Get a mental health evaluation or don't come back.

Loughner went away but his deteriorating mental condition didn't. Just more than three months later, he is charged in a horrific mass shooting that killed six people and left Rep. Gabrielle Giffords gravely wounded with an uncertain recovery.

For those living with mentally ill family members or friends, the tragedy plays on their deepest fears and raises a more heart-wrenching and personal question: When and how should loved ones intercede to force someone to get help?

Parents who suspect their child might have a major mental illness face an array of emotional and bureaucratic hurdles, from their own fears to strict laws that limit involuntary commitment to severe cuts in services. For many, the battle for intervention and treatment is a never-ending nightmare.

"I would bet that every parent who has a son or daughter with schizophrenia or bipolar disorder or any major brain disorder all feel the same thing now: There but for the grace of God go I," said the mother of a 35-year-old son with schizophrenia, who has been off his medication for nine years. The woman requested anonymity because she believes her son – an avid reader of Internet news – would sever contact with her forever for speaking to the media.

"My heart goes out to the family," the mother said. "They didn't cause this, you can't cause a brain disorder in your family."

Police are also hamstrung by legitimate concerns about civil rights and due process that are rooted in historic abuses of the mentally ill, said Timothy Schmaltz, chief executive of the Phoenix-based group Protecting Arizona's Family Coalition.

In Loughner's case, it appears that despite the concerns of campus police, professors and other classmates, the 22-year-old was never diagnosed with what experts say seems to be a clear-cut case of schizophrenia.

That he fell through the ever-widening cracks of the mental health system is an all-too-common scenario for families who might want help with a major mental illness. They are confronted with an overwhelming struggle – a fight that often begins with the person they're trying to help.

One of the key symptoms of schizophrenia, for example, is a lack of awareness and denial that anything is wrong, said Mark A. Kalish, a practicing psychiatrist who also teaches at the University of California, San Diego.

This means that even as a person's behavior spins increasingly out of control, they refuse treatment. In many states, adult patients cannot be involuntarily committed unless they are found by a court to be a danger to themselves or others.

The mother with the schizophrenic child said her son experienced his first symptoms at college at age 20. He endured two hospitalizations – one voluntary and one involuntary – but then stopped taking his medicines, skipped his medical appointments and eventually moved away from his home state.

His parents are powerless to intervene. They send him money each month, but long ago gave up pressuring him to take his medication in order to have any contact at all, his mother said.

"Your hands are tied. If it happened when they were 16, you could take them to a hospital and admit them and they have nothing to say about it," she said. "But once they're legally an adult it's just a horrible thing to go through for the family.

"He doesn't believe he has a mental illness at all. He's psychotic," she said. "The longer you try to get someone help, the more they shut you out and don't share what's going on."

She said she sought and received help from the National Alliance on Mental Illness, a national, grassroots advocacy organization, when her son was first diagnosed.

It's unclear what the Loughners did, if anything, to get their son help after the meeting with campus police and it's also unclear if the college reported his bizarre behavior to local authorities. College officials did not return calls.

In the wake of the Virginia Tech killings on April 16, 2007, the federal government set up teams from the Department of Education and the FBI to determine how to identify individuals whose behavior causes concern or is disruptive and assess whether the person has the intent or ability to carry out an attack. The Virginia Tech shooter, Seung-Hui Cho, had been involuntarily committed to outpatient therapy by a judge before killing 32 people and himself.

Arizona has one of the most flexible statutes for involuntary commitment and allows anyone with knowledge of the person's behavior – a teacher, a parent, a police officer, a friend – to petition for a court-ordered mental health evaluation, the first step toward involuntary treatment, said Kristina Ragosta, legislative and policy counsel at the Treatment Advocacy Center in Arlington, Va.

Arizona law also doesn't require the person to be homicidal or suicidal, but simply to be found "persistently and acutely disabled" by mental illness.

"A lot of times people don't know what the laws are and when we get phone calls from families looking to get help for a loved one, the first thing we always say is, 'Know what the laws are in your state, know what are the standards for commitment," Ragosta said.

But even within the context of a flexible law, parents or government authorities seeking to have someone committed find services eviscerated by budget cuts that in some cases have slashed everything but crisis services for those with mental illness, said Robert Bernstein, a psychologist and the executive director of the Bazelon Center for Mental Health Law in Washington, D.C.

In Arizona over the past two years, for example, 14,000 mentally ill patients have had all services cut except for their medications. The cuts include counseling, case management, psychiatric care, transportation and peer support groups that often prevent patients from reaching a crisis stage where they could commit a violent act, said Schmaltz.

A new program that trained police officers on how to recognize mental illness in suspects and defuse situations that result from imbalanced behavior was also eliminated, taking away a critical violence prevention tool, he said.

As a result of the cuts, Schmaltz said, his organization has already seen more of its clients wind up in jail, homeless or having a relapse of their worst symptoms.

"I've got a wife and children who will remind me if I forget my medicine and say call the doctor," Schmaltz said. "But if you're a person with serious mental illness who may be socially isolated, you're kind of abandoned now."

In some cases, funding has become such an issue that families of mentally ill patients have been told by advocates to tip over chairs and make it appear as if their loved one was violent just to get services, Bernstein said.

"What often happens in the wake of these kinds of tragedies is the quick fix: How do we commit more people to psychiatric hospitals? But that's just a red herring," he said. "Arizona already has laws that look really easy on the books to get hospital care. The real trick is to get care early on, when the law doesn't even need to be involved."

_____

Online: http://www.nami.org/

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TUCSON, Ariz. — Jared Loughner had never been in major trouble with the law or overtly violent, but his behavior at his community college was so disturbing that campus police gave him and his pa...
TUCSON, Ariz. — Jared Loughner had never been in major trouble with the law or overtly violent, but his behavior at his community college was so disturbing that campus police gave him and his pa...
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04:36 PM on 02/15/2011
Did Pima College make any attempt to petition Loughner for a psychiatric evaluation? There where many security incident reports written on Loughner by the Pima College, detailing his bizarre behaviors (available on the New York Times). Pima was fully aware of the gravity of his mental state. AZ law allowed Pima to petition Loughner. But they didn't .Petitioning him might not have changed anything, but at least they could have said they did make an attempt to get him evaluated/treatment. They gave him the choice of getting a psychiatric evaluation on his own accord or not being allowed to return to the school. I think Pima should share some of the burden of responsibility for his actions. I can't pretend to know what his parents situation was or wasn't-but the responsibility can't be laid all on them. It was a multitude of deficits that cause Loughner not to get the treatment he needed, which led to his deadly actions.
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Nana610
Liberal Jewish agnostic in Utah - Obama2012
02:20 AM on 02/08/2011
I feel very sorry for anyone who has not gotten the help they needed if mentally ill. I am a very privileged, top-tax-bracket white Jewish girl who got help despite the lousy health insurance coverage. TWICE. I am not excusing what Loughner did at all, but the question must be asked: "How the hell did this guy fall through the cracks, and why?"
01:30 AM on 02/08/2011
This is an excellent article that points out the dangers of cutting mental health dollars. The real tragedy isn't in the headlines, however. It is in the lives of the millions who suffer in silence. Cutting mental health funding is not only dangerous but penny-wise and pound foolish. As I said in my book "In Pursuit of Joy", mental health is everybody's business.
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Nana610
Liberal Jewish agnostic in Utah - Obama2012
02:22 AM on 02/08/2011
Thank you. I feel as though you have spoken for me and millions of others in this nation. Mental illness is not "fake" or "phony" when suffered by those who truly feel its grip. I KNOW, and as I said in the post above, I am VERY PRIVILEGED.
07:28 PM on 01/17/2011
Intelligence can, and often is, the most impeding force against action than anything else. Too often useful time is wasted reasoning and rationalizing the hows, whys and wherefores of untoward events than acting decisively. Corruption, crime and violence all flourish because of such failure of society to accept realities and legislate and enforce against blatantly obvious faults in our ethics, and our Constitution. A good analogy is the comic routine of a detective who views a crime scene unfolding, then begins taking notes.
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Vikingdave
When vikings were just little.
04:43 PM on 01/17/2011
Mental health? What mental health?
http://www.politicalcartoons.com/cartoon/56d8507f-322d-47ce-aa4c-cea6fb5b578e.html
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Nana610
Liberal Jewish agnostic in Utah - Obama2012
02:24 AM on 02/08/2011
I understand the politics of this tragedy. As a liberal, I immediately thought of Palin, Rush, etc. Mental illness, though, is not a joke, and from what I can tell, this guy suffered from it. The cartoon was good, though, from a political standpoint :)
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snapshot1940
"We have met the enemy and he is us"
12:23 PM on 01/16/2011
Arizona Governor, Jan Brewer, sent her buget proposal to the AZ legislatur­e calling for huge cuts in spending, mostly in education and health care for Arizonans currently on AHCCCs, Arizona's version of Medicade. She also sent a letter to officials in the Federal Government requesting exemption from Federal requiremen­ts to provide Medicade. Under her buget proposal, approximat­ely 280,000 adults would be cut off from aid, including 7 to 8,000 in need of mental health aid such as counseling and medication­s. These are not the mildly or even moderately disturbed but those seriously afflicted to the extent medication is all that keeps them from committing acts similiar to those of Jared Loughner. Also included in the proposal is the ban on transplant­s that may well result in the deaths of 98 Arizonans now in need of such transplant­s.
BY INSTITUTIN­G THESE CUTS, SHE WILL BE ABLE TO ALLOW LARGE BUSINESSES TO KEEP THE SUBSTANTIA­L TAX BREAKS THEY WERE GRANTED EARLIER!
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Bella Cennato Wade
12:23 PM on 01/16/2011
"A new program that trained police officers on how to recognize mental illness in suspects and defuse situations that result from imbalanced behavior was also eliminated, taking away a critical violence prevention tool, he said."

AZ was the recipient of 14+ million dollars from the Federal Government to "improve and innovate" solutions to their high rates of mental illness and addiction. Let me now explain about the statement above. When the Programs funded by that grant ran out...the ones that trained officers to spot and properly react to the mentally ill... they were never picked up by the state of AZ. The grant was to initiate effective programs. The one above was effective... yet, in their infinite wisdom, the State of AZ decided that not ONE AGENCY would pickup and continue this program. And every state that was assisted in with this grant with rare exception.. will do the same. Sad and stupid. Easier to build a prison than to solve a problem.
01:35 AM on 01/16/2011
The state of mental health care in America is appalling. It's no surprise that someone fell through the cracks.
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Neontom69
Student, Veteran, Prince of Soul-Glo
11:09 PM on 01/15/2011
The relative infrequency of violent crime committed by mentally-ill persons should be noted. Financial, drug-related, even accidental crimes greatly outnumber and are far more predictable than those committed by the likes of Jared Lee Loughner and the Virginia-Tech shooter. That doesn't lessen the severity of the crimes at all, but I needed to add a little perspective. It's very difficult to predict accurately the future behavior of someone who exhibits "signs" of mental illness but still has the capacity to function independently in society, however peculiar they may seem. We live in a nation where people are not supposed to be detained, restrained, or committed to an "institution" UNTIL they commit a crime; this isn't the world of "Minority Report" and precognitive "seers". Unfortunately, many rely on the police and psychiatrists to do just that, but they're human after all, and people will be misdiagnosed or dismissed as strange but harmless. Where is the answer? I don't know. But blame cannot be assigned to law enforcement, college professors, parents, doctors, or anyone else, because they haven't committed any crime. Sometimes things happen, people snap. I've seen it in war and I've seen it at home. Whatever was going through his head, he was somehow able to justify with his damaged, sick brain. The important thing is to remind the people close to him that it wasn't their fault.
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dbrett480
09:29 PM on 01/13/2011
"One of the key symptoms of schizophrenia, for example, is a lack of awareness and denial that anything is wrong, said Mark A. Kalish, a practicing psychiatrist who also teaches at the University of California, San Diego.

This means that even as a person's behavior spins increasingly out of control, they refuse treatment. In many states, adult patients cannot be involuntarily committed unless they are found by a court to be a danger to themselves or others."

This paragraph alone should prompt concern among many. It should also be the first thing reformed with the mental health system.
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Bella Cennato Wade
12:27 PM on 01/16/2011
In AZ the police could have ordered him to be evaluated...they didn't
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PeterNPaul
Past failure is not indicative of future success.
07:44 PM on 01/13/2011
Just so you know, the National Alliance on Mental Illness is one of the chief opponents of releasing mental health records to the NICS (National Instant Criminal Background Check) database which was enacted in 2007 after Virginia Tech in order to protect the privacy of their patients. Ironically, they have called their patients "targets" of Criminal Background checks. Well, ya, duh.

http://pn.psychiatryonline.org/content/43/3/1.1.full
See HR 2640, http://www.govtrack.us/congress/bill.xpd?bill=h110-2640

Based on what we know, insanity will be very hard to prove due to federal statutes enacted after the shooting of Ronald Reagan by John Hinckley.

Also Arizona law has no provision for "not guilty for reason of insanity", only "guilty but insane" which requires a mental hospital and upon treatment and release, they are transferred to prison to serve their sentence. http://www.cbsnews.com/8301-504083_162-20028145-504083.html

So all in all, his sanity is of little relevance in the case. In my opinion, he is a dead man walking, because if the federal government is not successful in a conviction and subsequent death sentence, Arizona will have their day in court.
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dbrett480
09:28 PM on 01/13/2011
Good information. I did not know this about NAMI.
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PeterNPaul
Past failure is not indicative of future success.
10:21 PM on 01/13/2011
You might also look at this one. 8 states actually met the reporting requirements. You might be a bit surprised at a couple of them. The bill offered grants to meet the requirements and appropriated $250M a year for three years to help them do it. About $17M was actually claimed in 2010. Most states consider the reporting requirements in violation of state law.

http://www.cga.ct.gov/2010/rpt/2010-R-0456.htm
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Bella Cennato Wade
12:34 PM on 01/16/2011
and why wouldn't NAMI rightly oppose the release of records? What's is the alternative to imprisonment for the mentally ill? The Feds and AZ, ineffective and inept at providing treatment alternatives, is now HOT to execute a man who is no doubt in the first throws of paranoid schizophrenia. A man who was not ordered LAWFULLY to be evaluated by any of the numerous police who encountered him.

If I were his lawyer... I would put the state of AZ on trial... they failed miserable to provide the protections to society that they could have by law.
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PeterNPaul
Past failure is not indicative of future success.
01:30 PM on 01/16/2011
You have to ask NAMI that question. Its always someone or somethings fault, except the guy that did it. Thank you for your professional opinion on his state of mind. I am sure this came after exhaustive examination.
11:32 AM on 01/13/2011
I have full sympathy for any parent who has tried to get help for their child. I don't know if this was the case for the AZ family or not, and shame on the system for failing mental health patients. On the other hand, the Virginia Tech guy, boggles me. I don't know how someone who was barely articulate was in an English creative writing class and succeeding. Also, I have heard that the parents were somewhat typical of Asian culture- highly aspirational ( I believe his sister was very successful) and they just really didn't want to acknowledge any problems. I personally think he had Aspergers ( probably environmentally caused) and you add the fact of pressure into the situation and it equals disaster. Wake up America. There are a lot of people out there who need mental health help! The next question is why so many?
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GraniteSkyline
I wish you happiness!
12:22 PM on 01/13/2011
There is no such thing as environmentally-caused Asperger's.

You need to wake up from your prejudiced coma. You have no knowledge of mental disorders but feel free to spew you ill-informed opinions.

Educate yourself before forming opinions so as not to embarrass yourself.
04:13 PM on 01/13/2011
Way to nitpick one tiny part of his argument.

Sounds like you have anger issues.
03:35 PM on 02/15/2011
You seem to know a lot about a guy (Virginia Tech guy) you have never met. I have worked with many doctors who where barely articulate. Many cultures have their own approach to decisions about how to treat medical issues. We live in a melting pot, we have to understand cultural diversity exists. I have a nephew with Aspergers Syndrome and his brother does not have Aspergers. They are both from the same parents and have both been raised in the same home since birth.? And the next question isn't "why so many?" Rather how can we improve services to people with mental illness. And we need a lot of public education as well.
crease
GOP has it wrong on so many levels
10:02 AM on 01/13/2011
Just thnk GOOPers if you can somehow reap health care and especially the part where you can finally and totally get rid of the MENTAL health provisions and we can have more mentally sick people roaming out streets hurting more and more people,nice huh?
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DJ Jaffe
Founder, Mental Illness Policy Org.
08:43 AM on 01/13/2011
It has gotten so bad, that families have learned to tip over chairs before calling the police.
05:07 AM on 01/13/2011
"In some cases, funding has become such an issue that families of mentally ill patients have been told by advocates to tip over chairs and make it appear as if their loved one was violent just to get services, Bernstein said."

that quotation would appear to indicate that mental health professionals are directing families of individuals to lie about the behavior of said individuals in a manner that triggers law enforcement or court intervention and creates a permanent and officially legally sanctioned false record of events about said individuals outwardly observable behavior

if that is the case, those "advocates" referred to in the quotation have absolutely no business in any medical or mental health field and should be denied or stripped of licenses to practice medicine or health care
crease
GOP has it wrong on so many levels
10:08 AM on 01/13/2011
Bernstein is trying to make a point about funding not qualifications for advocates,it's about the money.Go back to the Ray Gun years and see where mental health funding was shreaded but hey that's OK because he started his Star Wars project and never fnished it,did he?Funding in Gabby's district alone was cut by over 50 percent does that mean we can blame her for not getting enough money to her own district or the state for not funding it and the feds for not funding the state.Soon the GOOPers will repeal health care and all it's Mental health funding so where will be then if that happens?
03:44 PM on 02/15/2011
Tipping a chair over will hardly get you certified as authentically mentally ill.