PSYC 3850 Chapter Notes - Chapter 8: Developmental Disability, Child Neglect, Reasonable Accommodation

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Societal Characteristics
Individual rights
mental incapacity refers to ability to reason, remember, make choices, see consequences, and plan for the future
also means they cannot make legal decisions
can make some decisions, but not others
guardianship = appointing someone to make decisions for them
limits their own autonomy (transfers it to the guardian)
alleges that IWCIDs cannot make their own decisions
Dinerstein’s 12 major points about consent, competence, and guardianship
1. we place emphasis on autonomy and self-governance
2. each citizen is presumed competent / capable
3. giving consent assumes that someone has the capacity and information
4. as importance of decision increases, so does the need for formal procedures to determine capacity
5. IWCIDs may not always be able to make independent decisions (and may need assistance)
6. oer the least restrictive intervention for the shortest amount of time
7. consult with and seek the views of the IWCID
8. make the decisions based on what you think the IWCID wants, not what you think is their ‘best interest’
9. consent assumes adequate knowledge (so give the individual the most information possible)
10. consent must be given freely and without coercion (may be subtle, especially if they live in restricted environments)
11. be careful who asks for consent (someone they depend on? they might feel like they can’t refuse)
12. need for autonomy must be balanced with need to protect from exploitation / abuse
People with CIDs and the justice system
in the US, there is a lot of debate on whether or not IWCIDs can be given capital punishment
ruled ‘cruel and unusual’ because they aren’t always cognitively aware of their actions
but IWCIDs are more likely to victims of crime than perpetrators
Individuals with CIDs as suspects of crime
their disabilities might not be identified
could give incriminating but inaccurate statements
trying to please authorities
being confused or misled by investigative methods
can be found incompetent to stand trial
and then may be inappropriately placed for an extensive time in an institution
be less able to assist their own attorney
could waive their rights unknowingly
can be denied the right to speak or testify
Individuals with CIDs as victims of crime
IWCIDs are 4-10x more likely to be victimized
and their cases are rarely prosecuted
why does this happen?
cases in caregiving may be treated as abuse, rather than criminal justice
fear that witness with disabilities will be excluded or not believed
individuals might not report because they’re afraid it won’t be acted upon
in some cases, perpetrators who commit crimes against people with disabilities may be given lesser penalties
Individuals with CIDs as oenders
most are functioning in the milder levels of CID
at least based on IQ
very few defendants with CIDs were found competent to stand trial
not as few for those with higher IQs, or African-Americans
not many attorneys are well-equipped to deal with IWICDs
research has found that almost ¼ of youth oenders had disabilities
incl. learning disabilities, emotional disturbances, and CIDs
if an IWCIDs is found guilty and sentenced, they should
be given reasonable accommodation, treatment, and education
have trained probation and parole ocers who treat them fairly (accommodating for their disabilities)
be exempt from the death penalty
have access to expert professions who have experience with CIDs
have their disabilities identified accurately and fairly
even though only a minority will ever encounter the justice system, it is still recommended that it is included in their education
education about the system, victimization, oenders, resources, etc.
Right to treatment across the lifespan
treatment also means establishing a system of supports to provide services
disabilities may be lessened through interventions and supports
AAIDD’s supports of varying intensities — a 5 component process
1. identifying desired life experiences and goals that focus on the individual’s preferences, dreams, and interests
2. determining the pattern and intensity of support needs
3. develop an individualized support plan, which specifically notes settings, activities, and types and intensity of supports and
who will deliver said supports
4. monitor progress on the implementation of the ISP
5. evaluation of whether the plan is successful
Person-centred planning
five principles of person-centred planning
1. the individual is the most important person in the planing process, and the plans made
2. family, friends, and SOs should be involved, and these relationships should be major support
3. the abilities, talents, and aspirations should be considered (rather than focusing on the disabilities)
4. the plan for their lifespan and desired outcomes should not be restricted by available services
5. a broader implementation approach could be used which focuses on generic local and informal services
gives the individual greater access and choice in their services
but they need to be self-determined and self-regulated
they should receive the supports they need at all stages of their lives
Factors aecting supports
individuals living in suburban settings (cf. rural) used the same formal supports
but had more informal supports, which they used more frequently
formal supports can be expensive
employment is more limited in rural settings
about 75% of IWICDs lived with 0-5 other people
and supported living environments were almost $165,000 cheaper
.: living in the community provides opportunities for work, leisure, and community experiences, but is also cheaper!
supports should be aimed at achieving their goals (esp. independence as much as possible)
we want to give more support to funding independent lifestyles and autonomy
Familial Characteristics
Parental issues and concerns
outcomes for families center around interactions, well-being, and supports
spending time together, supporting each other, problem-solving
parents helping and teaching their children, and meeting their needs
pursuing individual interests, having friends, and outside help
opportunities for educational and employment growth
achieve physical well-being (medical services, leisure, recreation)
experience financial well-being (sucient family income)
community involvement
support at school, home, work
the presence of a CID in a family member can aect the family (especially the caregivers)
Family stress
parents of a child with a developmental disability had lower employment rates, larger families, and less social participation
far-reaching negative consequences for parents
the extent of a child’s behaviour problem was a stronger contributor to parents stress (cf. cognitive delay)
caring for an adult with CID had negative and positive eects on parental quality of life
access to flexible supports for the parents and the individual is very important
parents of children with CIDs experience stress related to their children, but report positive eects from caregiving and supports
from others
Early childhood issues and concerns
children with severe/multiple disabilities are identified early, including prior to birth
families may experience a grief cycle
but this shouldn’t always be expected
positive changes: personal growth, improved relationships and interpersonal interaction skills, and strengthening of
philosophical values
prevention and early intervention play a big role relating to early childhood
should be family-cantered, instead of just child-focused
Sibling issues and concerns
studies are mixed on eects on self-esteem, and behavioural problems
most siblings demonstrate good adjustment
worked less about the future with their sibling with CID
negative outcomes: embarrassment, guilt, isolation and loneliness, loss, resentment, increased responsibilities, pressure to achieve
issues and concerns
the increase in educational and employment opportunities lessens the burden of providing full-time for a child with CID
but is still far from ideal
factors aecting eective planning
fewer ‘norms’ or desirable models of expected behaviour
rituals marking adulthood occur less frequently among IWCID
people with CIDs may be dependent longer on families, but can and do ‘move out’ and develop more individual lives
adult transitions are better if done prior to parental death
Adult issues and concerns
IWCIDs do become parents themselves and have their own families
this isn’t always easy
voting is a right, regardless of IQ, so IWCIDs should receive voting information and education
increase in postsecondary options for IWCIDs
moving out is often associated with ‘successful adulthood'
but poorer employment and fewer housing options causes this to be more dicult
but supported living programs are increasing
in order to marry, individuals must be able to make informed decisions
but 80% women and 90% with CIDs never marry
they may be especially at risk for abuse within relationships
capacity to give consent for sexually activity is complex
influenced by place of residency, degree of autonomy, culture, etc
every person has the right to make their own sexual decisions, so long as they can consent (this is where the line gets blurry)
many IWCIDs are at risk for sexual abuse
Parenting issues and concerns
parenting can be dicult itself, and diculties that IWICDs face can make it even more dicult
discrimination includes not allowing people to have children
many IWCIDs can raise a child successfully
but they are also more often scrutinized for abuse/neglect
parents with CIDs represent 1-2% of parents, but are overrepresented in child protection & legal proceedings
child neglect is the main issue in court
but is often based on IWCIDs
unclear if they are actually more susceptible to neglect
they aren’t any more likely to engage in substance abuse or domestic violence
myths about parents with CIDs
myth — their children will also have CIDs
myth — parents with CIDs tend to have more children than parents without CIDs
myth — IWCIDs cannot be adequate parents
myth — individuals with CIDs cannot learn to be parents
Multicultural Characteristics
Sociological and demographic factors
overrepresentation of students from diverse backgrounds
Eects of poverty
may account for the racial and ethnic disparities
esp. influence of poverty and associated factors
and more minority children live in poverty
links between poverty and childhood disability
Eects of race/ethnicity
[I wrote my paper on this]
Educational factors
English language learners are overrepresented in the category of mild CIDs
students from diverse cultural backgrounds might not perform as well on some standardized tests as those from the majority culture
because the norms are move developed alongside white children
interaction between individuals from culturally diverse backgrounds and the demographics of the teachers
the average teacher is a 44yo white woman with 16 years of teaching experience
and 65% of school principals and 90% of superintendents are men
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