Tree Branch Breaker

Good idea, whynot. And tks, WCW, for posting her contact info.

Text of my note to Jackie Brown is below....anyone is welcome to borrow from it in part or in whole (although form letters prob. lose impact after the first few). I also cc'd Tish James: [email protected]

"Dear Ms. Brown,

Thank you for your recent attention to the matter of tree vandalism in the Prospect Heights and Crown Heights neighborhoods.

This is a subject of great importance to me, my neighbors, my fellow community gardeners, and many throughout our community in general. We have all struggled to find an appropriate solution, and to raise attention to the fact that the individual perpetrating these crimes can no longer go ignored by the authorities.

Sadly, at this point, the vandal in question is breaking trees at a faster rate than new trees are being planted - leaving our community at risk of a net reduction in greenery despite the Million Trees initiative and other well-intentioned projects to improve the streetscape, air quality, and local climate.

I have been aggregating photos of the various acts of vandalism, and would be happy to share them with you if it would help us achieve a satisfactory resolution. If there is any assistance we can offer as a community, please do not hesitate to ask.

Best regards, "

Subject: Update

I called Tish James and wrote to Jackie Brown too. Tish responded that she would make some calls today. I also happened to be driving behind a parks department pick-up truck at about 9 this morning as it drove across Prospect Place between Washington and Franklin. It was picking up torn off limbs--clearly Steve's work. The truck was full.

Just rec'd this from GiGi Davis-Elliot, chief of staff for Tish James. I defer to whynot for any opinion on the APS report:

"I am responding to your email to Council Member Letitia James regarding the vandalism of trees in the community. This office has filed an Adult Protective Services (APS) report on Steve, APS referral # 2010001409. I have spoken with 77th precinct Community Affairs Officer, Det. McLean regarding this issue and she assured me that they are working on the matter and will keep me informed of any new developments. I am also looking into contacting Life Net to see if they might me of some assistance with Steve’s mental health issues. If you require any additional information and or assistance in the matter please fee free to contact me.

GiGi Davis-Elliott

Chief of Staff

Council Member Letitia James

District Office

67 Hanson Place Ground Floor

Brooklyn, NY 11217

Tel 718-260-9191

Fax 718-260-9099

[email protected] "

I assume this will be brought up at tomorrow's meeting then? I am not a confrontation person, but did call 311 when I saw him at it weeks ago -- obviously a lot has been found out since then. I am interested to hear what the 77th and Ms. James have to say.

Ok cool -- I can't make it on Thursday, but I'll be there tomorrow.

The world of APS according to whynot:

1. A caseworker makes a visit. http://www.nyc.gov/html/hra/html/directory/aps_referrals_process.shtml

Ideally, he/she first attempts to meet with the referred adult, as well as any of their family members, because they can not actually force services on anyone without a court order (and voluntary services are often more effective than forced services anyway...).

The lowly caseworker has no authority, and often does not even have the support of a psychiatrist, but does know how to access those who have the authority to use the mental health laws.

Hopefully the fact that this case was referred by Ms. James' office will cause the agency to fully evaluated the situation, and give the case worker the tools and support they need to do their job...

2. If the caseworker (and several supervisors) reach the conclusion that:
The individual is going to remain in danger.
Isn't going to consent to services. AND
Doesn't have a family member capable of stepping in to help resolve the matter

...they have essentially two options:

a. Start a civil court process to get a court appointed guardian or some variety of services mandated (for example, OMH, public assistance, etc). Disadvantages: Takes forever, requires lots of work by caseworker. Typing is involved.

b. Punt the case to Mobile Crisis. As a result of having psychiatrists with special authority, Mobile Crisis is able get a person to an ER for evaluation without a court order. http://www.nyc.gov/html/doh/html/cis/cis_mct_dir.shtml
Disadvantages: Mobile crisis only keeps a case open for a limited period of time, they don't provide ongoing followup.

...however, in this case (because of the "attention" that has been applied by Ms. James and the Parks Dept) our lowly APS worker has third option: S/he could work closely with the Parks Police and the 77th pct.

Together, they could state something to the effect of:

"We want you to take your meds, and begin attending a day treatment program, yada, yada, yada, but we also have plenty of evidence to prosecute you for damaging city property.

If the APS worker tells me you are not working with her and getting treatment, I am sending this pile of photos and this affidavit to the grand jury and they will likely indict you. You will be treated like every other criminal, and given an over worked and under paid legal attorney to represent you, regardless of the fact that you are in need of MH treatment.

We all know it will be stupid, cause you to sit for 72 hours in detention, and result in you receiving no services upon your release, but you will leave me no other choice."

[given the lack of actual info, as well as having a friend who is senior level CO at a depressing Riker's Island mental health unit ...Whynot is presently rooting for a Fourth option. Option 4 involves all concerned parties (APS, Steve, Steve's mom, 77th pct, Park Department) making the above speech and working closely with mobile crisis. Mobile Crisis can get him meds, and hospitalization pretty quickly]

Regardless of which of the above option is pursued, after about a month, the APS case is closed. APS case workers have huge caseloads in NYC, (at least 40 cases to my knowledge), making the goal of APS to hook people up with services and move on.

....c'mon Steve, participate in treatment. Life can be better than it presently is.... Your life can be better sooner if you don't keep doing this over and over.

Note: If Steve already has mental health services in place, the APS worker would obviously want to involve them in the conversation as well....

Decisions like that are made every day by Police, You wouldn't believe how many 911 calls Police respond to for Emotionally Disturbed Persons on a daily basis. Often these cases involve destruction of property, usage of controlled substances and harm do themselves or others. The Law provides that Police may remove such people to be Psychologically evaluated in lieu of being Arrested. Did you know suicide and attempting suicide is also a Crime? Don't see too many people arrested for that?

Why_not, just FYI, count me among those who has had personal connection with Steve and definitely feels he has the potential to represent a real physical danger to people in this neighborhood (as well as to himself.) Sorry if this has already been posted, but can someone repost Tish James' email address? I'd like to try that route as well. (I've already complained to 311 and 911.) THANKS.

Watcher- yes, others have noted that they believe he is a danger to people (not just trees) as well. The hard part is that someone with the power to hospitalize him (i.e. a psychiatrist at an ER, or working for Mobile Crisis) has to be convinced of this fact, while using very strict criteria.

As KWAC points out, the police have the option of bringing folks to the ER (as opposed to charging them with a crime) for evaluation. ...it often takes hours of the officer's time, and -as a result- they often decide to only invest the effort in only the most urgent cases.

MHA seems to want a debate over how the police and social service agencies should handle such cases.

[Here's how the debate would go: I would point out that people who haven't done this type of work frequently don't understand how hard this process is, and how strict the criteria for hospitalization is. Someone would accuse cops and mental health workers of being lazy and not doing their jobs. A different person would state yes, some of workers are lazy and don't do thier jobs, but all are constrainted by lots of rules and bureacracy. This debate would culminate with one calling the other an Asshole and the other walking away.]

I'm hoping we can skip this whole part of the conversation

While some may find such a debate entertaining, I (and perhaps KWAC) am saying something along the lines of "debate all you want, but -based on our experience- this is how the police and the mental health/social service system presently deal with chronically mentally ill people."

Believe me, I'd love for you to help improve the system ...but I'm trying to stay focused on the immediate issues:

1. Getting some help for Steve and his mom.
2. Saving a few trees.

(also 3. Acting like I am actually working while typing missives on a obscure, often sarcastic website.)

Both 1 and 2 involve using the crazy, lame excuse for a system we presently HAVE while some advocate to create a better one.

Wait, are folks aware of why Kendra's law was passed? ...a chronically mentally ill guy (Andrew Goldstein) was repeatedly on and off his meds, was in and out of hospitals and finally killed a stranger, Kendra Webdale. After a huge debate, involing civil libertarians vs. psychiatrists we ended up with the law.

I don't know Steve well enough to say the law should be applied to him, but I think everyone here has consistently argued that he (and his mom) should get more care than he is getting. ...and such care may need to be involuntary.

http://en.wikipedia.org/wiki/Kendra's_Law
(note: you'll have to cut and paste the above link, the board is acting up)

Many people (especially those like Whynot) believe that Kendra's law is a welcome, much needed change from the society's prior attempts to "help" the mentally ill. Some good book on the topic were referenced by Jack Kron back on page 2, June 5th)

Yup, I prefer to use the struggling mental health system in cases like Steve's, rather than the struggling court system. ...yup, I like the mental health reform work that places like Vera, Brennan, Council of State Governments "consensus project", and Bazelon are attempting.

http://www.vera.org/
http://www.brennancenter.org/
http://consensusproject.org/
https://www.bazelon.org/

....but until anyone listens to them, we are stuck with the "system" we have. ...Sometimes we decide it is better than nothing, and try to get people help thru it. ....other times we decide it actually WORSE than nothing, and choose to do nothing. I see both choices as moral options.

I received the same email (wink) and referred him to Jackie Brown. As per Whatchuwant, they seemed to be pretty far along in their process....

xlizellx is attending tonight's CHCA mtg, and I bet one of the attendees will know such details. Perhaps she can help us out.

....surely we can at least get this matter securely into the hands of a lowly APS worker.

P.S. Dude and I walked by last night, and the branches previously placed in the front yard were cleaned up. ---I'm glad that everyone seems to agree that putting branches his front yard isno longer appropriate. It was a sort of good idea, but clearly its time has now passed.---

MHA- good to know.

P.S. If you read Jack Kron's books, you may end up concluding that the only thing worse than "a mental health system largely based on its patients consenting to care" is a system in which said patients largely have have no power to consent.

if books are long, there is lots of other stuff written on the topic.... http://en.wikipedia.org/wiki/Involuntary_commitment

....note how historically psychiatric institutions have been used as places to dump political prisoners, the mentally retarded, etc.

It's not a real proud history. If I ever I find out who is in charge I'm going to give them a piece of my own crazy mind.

MHA wrote: his surname is 'Steve', his christian name is 'Crazy'.

I literally laughed out loud.

MHA [Must Have Attention] wrote:

his surname is 'Steve', his christian name is 'Crazy'.


.


gee, a christian basher, why am, i surprised.

Watcher wrote: Steve just taken away in an ambulance. Police showed up, spoke to him for some time, and he walked with them to the waiting ambulance.

Thanks for posting, Watcher.

Thanks for doing this peacefully and professionally, NYPD and EMTs.

....and the beat goes on.

I fear this thread may degenerate into one that records Steve's discharge and any caseworker visits that occur afterward.

Can I ask that we only post again if/when he returns to breaking branches?

I'm pleased to announce that reading this thread to this point has made you eligible for 3.0 CEU's in the fields of:

community policing
community activism
social work
community relations
community mental health

and (last but not least)

urban forestry.

Certificates will be passed out to those interested at Thursday's pub crawl.