Kaine closes loophole

My agreeing to participate in a day of silence in honor of the victims at Virginia Tech made it impossible to comment on yesterday’s Executive Order #50 issued by Governor Tim Kaine. The governor was joined my Attorney General Bob McDonnell, whose office did the legal research for the order. Yesterday was a day for all Virginians to be proud, in that our government worked as it should – putting the safety of all of us over the petty partisanship that often mars such things. Kudos to Governor Kaine and AG McDonnell.

Although the focus of the EO was the loophole, a letter to the editor in today’s Virginian Pilot made me painfully aware that the system does not always work as it should:

Personally, I am very much aware of the tragedy that can befall the innocent when cases of mental illness are not reported by, and to, the proper authorities. This failure cost the lives of my two children; Kristin, 17, and Keith Jr., 12, as well as the life of their mother.

Although their mother had a long history of mental illness, which included many involuntary commitments to mental health facilities, none were reported. This failure allowed her, on April 1, 2004, to walk into a sporting goods store, pass the background check and buy a handgun. In less than 24 hours, my children were shot to death and she had committed suicide.

Adding another layer of reporting does not solve the problem if the existing reporting laws are not being followed. Let’s not be lulled into a false sense of security here. There should be some way to determine if the proper reporting is being done. I would suggest that at least once a year, a sampling of the names of those who should be reported should be cross-checked to those in the database. Yes, some may still slip through the cracks – after all, no system is 100% accurate. But the public needs to feel safe and doing such a simple audit would go a long way towards that.

This part of the LTE was chilling:

One other thing to consider: My ex-wife was a schoolteacher and could have shown up in her classroom with that handgun. Then many more families would have suffered needlessly.

I agree with the author: let’s fix the reporting system.

4 thoughts on “Kaine closes loophole

  1. Holy moly, what a terrible thing. The other terrible thing was that she kept being released to be on her own after her involuntary commitments. The way the system is set up now it’s an all or nothing proposition. The objects of these petitions must first meet the definition of imminent danger to themselves or others, then must be deemed to have refused voluntary treatment before they are either involuntarily committed or (much more often) talked into voluntary commitment. Only the most crazy ones don’t understand that it’s to their benefit to voluntarily commit, so involuntary commitment is actually quite rare. And what happens after they’ve voluntarily or involuntarily committed? Nothing. Not a damn thing. There is no mechanism in place for followup through the court or any other system.

    The voluntary committee will usually go to a place like Dominion Hospital and go through an interview. Frankly, if they know who they are, where they are, why they’re there, and the day of the week they’re more than halfway home. If they deny suicidal or homicidal ideation, who’s there to dispute it? No one. Basically, if they can walk and chew gum at the same time and maintain a somewhat normal looking facade they’ll usually walk out of the center either that day or the next day, usually with a recommendation that they follow up with outpatient therapy and maybe some medication. But they’re on their own.

    The involuntary committee will be committed for at least 72 hours; is usually placed on a round of medications to restore sanity; and then as soon as he/she is showing improvement and is no longer considered an “imminent threat” is released to voluntary outpatient treatment and told not to forget to get his/her meds refilled. The whole system is a joke and people are falling through the cracks all the time. This woman in the LTE apparently was deemed numerous times to be a danger to herself or others if she was involuntarily committed, but without a mechanism to compel her to continue on her treatments and medications she no doubt fell off the wagon every time she was released back into the community. I’ve encountered many families with this problem and they are at their wits’ end seeking ways to compel their mentally ill members to remain in treatment. I’ve known of parents of mentally ill people fabricating claims of having been threatened just so they can get the involuntary commitment and force the patient into treatment.

    This isn’t just about reporting such cases to the central clearinghouse. The mental health system has never recovered from the Reagan Administration’s gutting of the old system, which was supposed to be replaced with access to community based treatment centers. Instead, the treatment centers are so underfunded that many have gone out of business. Insurers often do not provide any coverage for mental health problems, and if they do they usually provide limitations like setting a limit of six therapist visits per quarter or even a year. Been to a psychiatrist lately? What I hear about most psychiatrists is that they meet with their patients for less than half an hour and most of the conversation appears to be about medications, their side effects, and whether there should be some change. I’ve heard psychiatrists described as pill-dispensers and quacks by patients who believe the psychiatrists aren’t even interested in knowing what’s wrong with them and why they’re the way they are.

    Get ready America. If you think it’s bad now wait until we’ve got a few thousand more returned and mentally fragile veterans.

  2. Carla-
    Excellent post.
    The system and society’s dealings with mental illness is pathetic at best.
    How many more prisons must be filled with the mentally ill. How many more tragedies like VT, the mall this weekend, and this poor gentleman in Chesapeake must we have.
    We as a society stick our head in the sand when it comes to mental health. We have given mental healthcare such a stigma that WHEN a person finally gets treated, their disease is advanced and severe- then we stick a “bandaid” on them (like the LTE’s ex). Unless one is wealthy or indigent there is no intensive treatment.
    And the stigma….oh yes, the stigma…when we have people like Senator Rerras say that those who are mentally ill are “spiritually sick”. Mental illness is a REAL illness and yes prayer can help BUT nobody judges any other physical illness the same way.
    Let’s face it, we ALL have a friend, family member or neighbor who has faced this illness, yet our elected officials do little to alleviate this situation. The late Paul Wellstone fought for parity and even after his death it still sits in committee. The Community Service board is overwhelmed and underfunded…and the VA…what will happen in 5 or so years when we have so many vetrans dealing with PTSD.
    I’d like to think we are a sophisticated society that overcame the once stigmatized diseases of cancer and AIDS and now hold regular dialogues to fight these illnesses but mental illness? Early detection of mental illness? Regular treatment and care for these indiduals? Perhaps mental health screenings at schools like other screenings?
    I wish I knew the answer.
    All I know is the date: 4/22/85. I was a freshman in High School in Newport News. A popular talented senior walked into the middle of the practice football field during second lunch and put a gun into his mouth. I remember looking out the window and seeing my dear friend having – at the young age of 14 – to identify his brother. My friend has never gotten over it and never will. His brother suffered from depression.
    I’m glad we are having this discussion and pray that our leaders will one day have the maturity and courage as Senator Wellstone did and try to fix this heartbreaking problem.
    Maria

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