PASSAGE ONE OF THE DAY: "It would be more straightforward if the Ministry of Health and Disability Services funded support for FASD, just as they do for intellectual disabilities. However, to do so would require significant investment in both the capability and upskilling of the workforce. Child Development Services, which provide assessments for intellectual disabilities and Autism Spectrum Disorder, are already over-stretched, with waitlists 6–12 months long. FASD also requires the input of multiple health professionals – paediatricians, speech-language therapists and psychologists – all of whom would need support and training to recognise and treat this complex problem. Until we see official recognition of FASD within the health system, we are likely to see more Teina Poras in the future, as they careen headfirst into the arms of the police and court system."
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COMMENTARY: "Opinion: Courts no place for fetal alcohol victims," by Dr. Dougal Sutherland, published by The University of Auckland on March 9, 2020. (Dr Dougal Sutherland is a clinical psychologist and the Clinical Practice Manager in the School of Psychology at Te Herenga Waka—Victoria University of Wellington.)
PHOTO CAPTION: "Teina Pora's case highlighted how little we know about Foetal Alcohol Spectrum Disorder."
GIST: "The case of Reina Pora and his 2015 acquittal for murder highlighted the difficulties those
with Foetal Alcohol Spectrum Disorder (FASD) can encounter, particularly
in the criminal justice system. Individuals with FASD experience learning difficulties, memory and
executive functioning problems, communication difficulties, impulsivity
and mood problems, and are at increased risk of developing mental health
and addiction disorders. In the United States, it is estimated anywhere
from 11 to 50 out of every 1000 children may be born with FASD. We have no idea what this number is in New Zealand, as there are no dedicated FASD services in this country. Anecdotal evidence suggests it is reasonably common and having a
serious effect on New Zealand’s young people. A recent meeting of a
group of psychologists in Wellington noted it is all too common for
forensic psychologists to carry out assessments for FASD due to the
number of young people presenting in court with suspected symptoms. These young people have not been diagnosed or treated before they
reach the courtroom because FASD falls between the cracks of services in
New Zealand. It’s not officially considered a ‘mental disorder’, so
mental health services do not provide care. It’s also not recognised as a
disability the way intellectual disabilities or autism spectrum
disorder are, and therefore doesn’t come under the remit of a District
Health Board’s Child Development Services. Because FASD doesn’t fit into
any system, it doesn’t get diagnosed, and even if it does get spotted
early there are no support services available, despite the lifelong
nature of this condition. So why is this disorder overlooked? Perhaps because it’s seen as the
fault of the mother for drinking during pregnancy. Yet those most at
risk appear to be young mothers, many of whom may be unaware of their
pregnancies until a later stage, especially as about a third of
pregnancies are unplanned. Older mothers also report being given
discrepant information while pregnant, with some mothers even being told
to have a glass of stout every night during pregnancy as it’s “good for
the bones”. It seems education and support are crucial for addressing FASD, but who should be responsible for leading this?
At face value, it would seem to fit within the realm of ACC, with the ingestion of alcohol by a pregnant person seen as an ‘accident’. However, psychologists at the recent meeting in Wellington report that ACC has repeatedly turned down claims for cover, with one psychologist told by ACC that the mother should have known she was pregnant before drinking. There is a precedent for ACC to cover FASD, as it has previously provided support for Foetal Anticonvulsant Disorder, although in this case the funding was granted on the grounds of it being an unwanted side-effect of the mother’s medical treatment for epilepsy. It would be more straightforward if the Ministry of Health and Disability Services funded support for FASD, just as they do for intellectual disabilities. However, to do so would require significant investment in both the capability and upskilling of the workforce. Child Development Services, which provide assessments for intellectual disabilities and Autism Spectrum Disorder, are already over-stretched, with waitlists 6–12 months long. FASD also requires the input of multiple health professionals – paediatricians, speech-language therapists and psychologists – all of whom would need support and training to recognise and treat this complex problem. Until we see official recognition of FASD within the health system, we are likely to see more Teina Poras in the future, as they careen headfirst into the arms of the police and court system."
The entire commentary can be read at:
At face value, it would seem to fit within the realm of ACC, with the ingestion of alcohol by a pregnant person seen as an ‘accident’. However, psychologists at the recent meeting in Wellington report that ACC has repeatedly turned down claims for cover, with one psychologist told by ACC that the mother should have known she was pregnant before drinking. There is a precedent for ACC to cover FASD, as it has previously provided support for Foetal Anticonvulsant Disorder, although in this case the funding was granted on the grounds of it being an unwanted side-effect of the mother’s medical treatment for epilepsy. It would be more straightforward if the Ministry of Health and Disability Services funded support for FASD, just as they do for intellectual disabilities. However, to do so would require significant investment in both the capability and upskilling of the workforce. Child Development Services, which provide assessments for intellectual disabilities and Autism Spectrum Disorder, are already over-stretched, with waitlists 6–12 months long. FASD also requires the input of multiple health professionals – paediatricians, speech-language therapists and psychologists – all of whom would need support and training to recognise and treat this complex problem. Until we see official recognition of FASD within the health system, we are likely to see more Teina Poras in the future, as they careen headfirst into the arms of the police and court system."
The entire commentary can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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