#Expert Conversations
(Image Description: Asian woman with short back hair wearing a dark suit and speaking into a microphone)
WITH is pleased to present Expert Conversations, an ongoing series that will feature conversations with experts in the fields of healthcare, disability, digital health, and philanthropy.
Today’s Expert Conversation is with Kara Chien, Managing Attorney of the Mental Health Unit of the Office of the Public Defender of San Francisco. Kara, among other things, is involved in legal defense for people with ID/DD.
Is legal defense available for people with ID/DD who are charged with crimes, especially if they’re non-verbal and cannot adequately explain their actions?
Legal defense and legal remedy are available for individuals with intellectual disability, developmental disability, and cognitive disability. Especially for individuals who are non-verbal and unable to explain their actions, the conviction of someone who lacks the mental capacity to defend himself/herself in the proceedings is a violation of the Due Process Clause.
The police sometimes confuse developmental disabilities with mental health issues and sometimes it’s really a dual diagnosis case. How does the Public Defender attorney sort that out to the best interests of the individual charged with a crime and to appropriate justice?
Yes. It is very frustrating when the law enforcement officers or individuals involving in the criminal justice system are confused with the developmental disability versus mental health issues. I have always been a proponent of SFPD’s Crisis Intervention Team training. I always believe that education and training on this very important subject could avoid terrible outcomes and save lives.
In terms of how a public defender would handle a complex case involving a client with developmental disability, we would consult and retain experts in the field of developmental disability, work closely with the regional center and our clients’ family support system, fight fiercely for our client, and try to achieve the best outcome for our client.
Tweet @withfoundation with ideas of individuals that you believe should be featured in this series using the hashtag #ExpertConversations
Read past conversations with:
- Susan Mizner of the ACLU
- Paul Glassman, DDS, Director for the Pacific Center for Special Care UOP
- Amy Westling, Executive Director Association of Regional Center Agencies (ARCA)
The mission of WITH Foundation is to promote comprehensive and accessible healthcare for adults with developmental disabilities.