1 Veterans Services & Benefits: State & Local David Holewinski, MSW, LICSW, CBIS Matthew Miller, MSW, LCSW Gary Helle, MSW, LCSW, BCD
2 The VA who are we? The Department of Veterans Affairs (VA) Veterans Health Administration (VHA) All Health care services Medical Centers, Ambulatory Care & Community Based Outpatient Clinics Veteran Benefits Administration (VBA) All VA Benefits VA Regional Offices Compensation & Pension, GI Bill, Home Loans, etc. National Cemetery Administration (NCA) National and State Veterans Cemeteries Headstones, Markers & Presidential Memorial Certificates
3 Veterans Justice Outreach National Initiative The purpose of the VJO Initiative is to avoid unnecessary criminalization of mental illness and extended incarceration among Veterans by ensuring that eligible Veterans in contact with the criminal justice system have access to VHA Services.
4 A Justice involved veteran is: a. A Veteran in contact with local law enforcement who can be appropriately diverted from arrest into mental health or substance abuse treatment; b. A veteran in local jail, either pretrial or serving a sentence ; or c. A Veteran involved in adjudication or monitoring by a court
5 Veterans Treatment Courts Veterans Treatment Courts (VTC) are described as hybrid drug & mental health courts that use the drug court model to serve Veterans struggling with addiction, serious mental illness and/or co occurring disorders. They promote sobriety, recovery and stability through a coordinated response that involves cooperation and collaboration with VA medical centers, the Veterans Benefits Administration, volunteer Veteran mentors and Veterans family support organizations.
6 Benefits of VTCs Assure the linkage of clinically appropriate care Ease the burden on valuable community resources Allow Veterans to go through the court process with those who are similarly situated and have past experiences Provide volunteer Veteran Mentors Promote Veteran accountability Promote sobriety, recovery and stability through a coordinated response including treatment in conjunction with judicial monitoring.
7 VA Authorization Title 38 CFR VHA can provide Outreach, assessment, and referral to services Treatment for justice involved Veterans who are not incarcerated Does NOT allow VHA to provide: Hospital or outpatient care for a Veteran who is: A patient or an inmate in an institution of another government agency If that agency has a duty to give that care or service
8 Furloughs So The VA Helps No One? Still considered incarcerated Show up on in custody list Can they get medications? Work Release/Huber? Can they access treatment services? Fugitive Felon Policy
9 Creative Ways To Service Delivery Staggered Sentencing Phone screenings from court/jail Coordinate VJO meetings with other apts.
10 Incarcerated Veterans VA benefits are affected if a beneficiary is convicted of a felony and imprisoned for more than 60 days. Disability or death pension paid to an incarcerated beneficiary must be discontinued. Disability compensation paid to an incarcerated Veteran rated 20 percent or more disabled is limited to the 10 percent rate. For a Veteran whose disability rating is 10 percent, the payment is reduced to half of the rate payable to a Veteran evaluated as 10 percent disabled. Any amounts not paid may be apportioned to eligible dependents. Payments are not reduced for participants in work release programs, residing in halfway houses or under community control. Failure to notify the VA of a Veteran s incarceration can result in overpayment of benefits and the subsequent loss of all VA financial benefits until the overpayment is recovered. VA benefits will not be provided to any Veteran or dependent wanted for an outstanding felony warrant. Federal Benefits for Veterans: Dependents and Survivors, Department of Veterans Affairs, 2010.
11 Minnesota Law Subdivision 10 Subd. 10. Military veterans. (a) When a defendant appears in court and is convicted of a crime, the court shall inquire whether the defendant is currently serving in or is a veteran of the armed forces of the United States. (b) If the defendant is currently serving in the military or is a veteran and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may: (1) order that the officer preparing the report under subdivision 1 consult with the United States Department of Veterans Affairs, Minnesota Department of Veterans Affairs, or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local programming; and (2) consider the treatment recommendations of any diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
12 Missouri Revised Statutes, Chapter 478 Circuit Courts, Section August 28, 2013 Veterans treatment courts authorized, requirements Veterans treatment courts may be established by any circuit court, or combination of circuit courts, upon agreement of the presiding judges of such circuit courts to provide an alternative for the judicial system to dispose of cases which stem from substance abuse or mental illness of military veterans or current military personnel. 2. A veterans treatment court shall combine judicial supervision, drug testing, and substance abuse and mental health treatment to participants who have served or are currently serving the United States Armed Forces, including members of the Reserves, National Guard, or state guard.
13 3. (1) Each circuit court, which establishes such courts as provided in subsection 1 of this section, shall establish conditions for referral of proceedings to the veterans treatment court; and (2) Each circuit court shall enter into a memorandum of understanding with each participating prosecuting attorney in the circuit court. The memorandum of understanding shall specify a list of felony offenses ineligible for referral to the veterans treatment court. The memorandum of understanding may include other parties considered necessary including, but not limited to, defense attorneys, treatment providers, and probation officers. 4. (1) A circuit that has adopted a veterans treatment court under this section may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of a veterans treatment court in the jurisdiction where the participant is charged. (2) The transfer can occur at any time during the proceedings, including, but not limited to, prior to adjudication. The receiving court shall have jurisdiction to impose sentence, including, but not limited to, sanctions, incentives, incarceration, and phase changes. (3) A transfer under this subsection is not valid unless it is agreed to by all of the following: (a) The defendant or respondent; (b) The attorney representing the defendant or respondent; (c) The judge of the transferring court and the prosecutor of the case; and (d) The judge of the receiving veterans treatment court and the prosecutor of the veterans treatment court. (4) If the defendant is terminated from the veterans treatment court program the defendant's case shall be returned to the transferring court for disposition.
14 Eligibility for VA Care Is Veteran eligible for VA Care? Are they enrolled? Must have DD214 Collaborate with County Veteran Service Officer Means Based Benefit
15 Eligibility Requirements No Hard & Fast Rule Prior to September 7, 1980 = 1 Day Active After September 7, 1980 = 24 Months Honorable or General under honorable Exceptions Vets Centers & GPD MST, Combat
16 How to help Veteran Access VA Care Identify Case Manager and/or care coordinator (social worker or RN) at VA and collaborate with them to determine: What are mental health issues What are substance abuse issues Housing and/or employment concerns Medical What appropriate treatment is available If unable to identify a case manager or care coordinator, contact a Veterans Justice Outreach Specialist
18 VA Substance Abuse Treatment (outpatient) Intensive Outpatient Treatment Relapse Prevention Aftercare AA/NA Meetings on Site Addictive Disorders Clinic Individual CBT, DBT, Relational & Supportive Therapy Psychiatry Research Studies Antabuse, Suboxone & Methadone Clinics AA/NA, Coping Skills, SMART Recovery, WRAP, Mindfulness, MI/SUD, YOGA Community Based Outpatient Clinics
19 VA Mental Health Treatment Mental Health Homeless Programs HUD VASH Housing and Urban Development/ VA Supportive Housing Section 8 Vouchers at Medical Center Chronically & Literally homeless Grant Per Diem (GPD) Beds at community site (Catholic Charities, Salvation Army, etc.) Transitional focus on work & sobriety Contract Residential Beds Community Based Outpatient Clinics Psychotherapy, Psychiatry, Nursing Recovery Groups
20 VA Mental Health and Substance Abuse Treatment (inpatient) 49 day Residential PTSD Treatment Residential Rehabilitation Treatment Program (RRTP) Dual Disorder Program Independent Living Skills Program. Week to week placement.
21 VA Mental Health Treatment Acute Psychiatry Unit Locked Unit Partial Psychiatry Hospitalization (PPH) Primary Axis I or II Diagnosis (other than Substance Use) Has PTSD & Substance Use Disorder tracks Primary care/mental Health MHICM (Mental Health Intensive Case Management) Veterans Bridge To Recovery/CRRC Suicide Prevention ( )
22 Evidenced Based Therapeutic Interventions Cognitive Processing Therapy (CPT) Prolonged Exposure Therapy (PE) Seeking Safety Cognitive Behavioral Therapies Dialectical Behavioral Therapy Moral Reconation Therapy (MRT) Other therapies (relational, psychodynamic, ACT)
23 VA Medicine & Specialty Care Spinal Cord Injury Center Polytrauma & TBI Orthopedics Cardiac Surgery Program Pharmacy 24/7 Emergency Care Dental & Eye Neurology Inpatient Medicine Beds
24 VA Supportive Services Vocational Rehabilitation Supported Employment
25 Home Loans Compensation Disability Education Life Insurance Home Loans VBA Services
26 Local Services DAV Transportation County Van s Free Public Transit Medication Management Domestic Violence/Change Step VET Centers Take OTH discharges
27 Problem Solving Barriers to Services Golf Outing Testing at local Treatment Facility Treatment Court Collaborations
28 What to consider The purpose of the Veterans Justice Outreach Program is to assist the Justice system in determining what VA Tx options are available to Veterans Has local law enforcement been given adequate training to understand Veterans issues and available resources? Is the local court system (judges, attorneys, probation) aware of Veterans issues and have systems been set up to collaborate with the VA and other appropriate community resources for Veterans? Is the local jail identifying Veterans and able to refer them to VA when indicated? What can the VA and county/state do to improve the process for identifying and assisting Veterans within systems?
VETERANS TREATMENT COURTS BEST PRACTICE ELEMENTS SUBJECT: States can facilitate the development of Veterans Treatment Courts, or VTCs, through legislation that supplements existing drug and mental health
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