Federal Help for Mentally Ill NY Youth in Custody

“Until now, the state did not have a single full-time psychiatrist on staff to treat youthful offenders.”  This is the most startling sentence in this NYTimes article detailing the settlement which allows the federal government to oversee four of New York’s juvenile prisons.

New York’s juvenile prisons are the place where troubled kids are locked away to become even more troubled adults.  Children whose parents have lost control of their children can petition the court to have their children declared Persons in Need of Supervision (PINS).

Most of the children in the juvenile prison system are foster children. Many have endured abuse.  The majority of them are on psychotropic medication (via New York Magazine).  Most of the residents of these prisons are diagnosed with a variety of mental illnesses, yet up until now there has not been a single psychiatrist on staff.

The settlement was reached several years after a 15 year old emotionally disturbed youth died after being forcefully restrained by guards.  Investigators reported numerous incidents of injuries after physical force was used to discipline the children, including reports of broken bones, broken teeth and concussions.

Hopefully, besides employing full-time psychiatrists, psychologists and mental health professionals to oversee medication regiments and counseling, the state will continue to shut down these prisons and replace them with smaller centers near the families of the children.

My heart aches for these children.  Given a substandard education and an indifferent upbringing, warehoused with no counseling, they are given no hope of a better future.  Hopefully, the settlement reached today placing these prisons under federal oversight, limiting the amount of physical force guards may use and shutting down and replacing these warehouses with smaller community residences will go a long way to alleviate their suffering and give these children a chance to become productive members of our community.

Divorce and Special Needs Children

Raising a child with special needs is hard on marriage.  Today, the divorce rate among all couples is over 50%.  Although statistics differ, there is no question that divorce rates are even higher among parents of children with special needs.

When a couple divorces, it is even more important to consider the financial needs of their child with special needs than those of their other children.  Child support charts do not address those needs.  A special needs child often has even more expenses than a child without special needs.  There are all types of therapies: occupational, speech, physical, psychiatric.  There is increased need for paid respite care for the caregiver parent.  There are non-prescription costs of vitamins and other dietary needs.  There are assistive devices, specialized cars, endless items that children with special needs require.

Child Support for Children with Special Needs

For children who are receiving needs-based government services such as SSI and Medicaid, parents and matrimonial/divorce lawyers should consider establishing a first-party self-settled special needs trust.  Child support belongs to the child, not the parent, so the trust cannot be a third party trust.  Child support in New York extends past a child’s 18th birthday until they are 21, whereas the child is an adult for Medicaid purposes in New York at 18.  Establishing an SNT for those years may be essential to getting proper services for the disabled child.

Guardianship

For those children with special needs who will require a guardian, the divorcing parents should consider which parent, if not both, will become the guardian once the child turns 18.

Education

Many divorce agreements call for the parent without physical custody to pay half of a full-time college education.  Those children with special needs who attend college often cannot manage a full-time program and the separation agreement should consider this possibility.  Also, the child may continue to attend college well past their 21st birthday, so this too should be considered when making financial decisions as to education.

Redrafting Your Estate Plan after Divorce

Divorcing parents of children with special needs should retain an attorney with experience in special needs planning.  If you have any questions, please feel free to call me.

The Difference between Medicaid and Medicare

Previously, I discussed the differences between Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) .  Two other government programs that frequently confuse people, including professionals, are the differences between Medicaid and Medicare.

Medicare

Medicare is a health insurance program for persons over the age of  65 and for those with certain disabilities who receive SSDI. A person must have entered the United States legally and have lived here for five years before becoming eligible for these benefits.

It is extremely important to understand that Medicare does not cover long-term nursing home care.

Medicaid

Medicaid is funded jointly by the federal and state governments.   Under certain circumstances, Medicaid will provide benefits for nursing home care.  In New York and a number of other states Medicaid will pay for home health care for those in need.

Medicaid is for those with low income and minimum resources.  Among those with low income who are eligible are:

  • pregnant women
  • children under 19 years of age
  • people 65 and older, blind or disabled
  • in need of nursing home care

A disabled person in New York would apply for Medicaid through the state agency.  Here in Nassau or Suffolk County, the application is available from the Department of Social Services.

It is a very complex and difficult application.  Many people retain the help of an elder care attorney to aid them in applying for Medicaid.  If you need assistance, please contact me by calling  (516) 223-4800 or by filling out the contact form on this website.

The Difference Between SSI and SSDI is More than Just a Letter

Many people, including lawyers, confuse two very different government programs for disabled persons.  Although both are overseen by the Social Security Administration (SSA), there are some significant differences  both in how the programs are funded, and to whom  the money is distributed.
Social Security Disability Income (SSDI)
SSDI is a program for disabled persons.  It has no [...]

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Why Use a Special Needs Pooled Trust?

When is it appropriate to choose a pooled supplemental needs trust instead of an individual special needs trust?
A pooled trust has many of the same purposes as an individual supplemental needs trust.  A pooled trust is established to provide for a beneficiaries’ supplemental needs without jeopardizing the disabled person’s government benefits.
Funds that are held in [...]

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Improving I.Q. for Autistic Toddlers

An exciting new study has shown that an intensive behavioral intervention raises the I.Q. level of toddlers diagnosed with autism spectrum disorder (ASD).  This study, reported by Pediatrics, the official journal of the American Academy of Pediatrics, compared 48 children diagnosed with ASD by placing the children in one of two controlled groups.
Early Start Denver [...]

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Special Needs Trusts and Personal Injury Settlements

When a disabled person receives a personal injury settlement, it is often a good idea to set up a Supplemental Needs Trust to receive those monies in order that any public benefits the disabled person receives not be disrupted or lost altogether.
Money received in a personal injury lawsuit are considered to belong to the disabled [...]

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Are Schools Prepared for an Increase in Autism-Related Special Needs?

The reported rate of autism spectrum disorders (ASD) has significantly increased and is now expected to affect 1% of children ages 3 to 17, or approximately 1 in every 100 children, according to two recent major studies.  Both the Centers for Disease Control and Prevention (CDC) and a study published in the journal Pediatrics indicate [...]

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The Lovely Blog Award

Several days ago, I was honored to learn I had been nominated to receive a Lovely Blog Award from Connecticut Special Education lawyer Jennifer Laviano, author of the SpecialEdJustice blog.
Quite honestly, I am proud of my blog.  I have found it to be an effort of love.  I love sharing what I’ve learned both as [...]

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Action Plan–8 Weeks to a Letter of Intent

Comprehensive planning for your child with special needs includes both legal planning to ensure financial security and information-gathering in order to write a guide for future caregivers.  My hope is to alleviate some of the worries and unique concerns parents face when thinking about the future of their special needs children.
The Letter of Intent is [...]

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