Part 2b: Addendum | Welfare Call

Addendum:  Welfare Call- 72 hour hold- how police respond makes a difference.  The role of the 911 Operator.

Since issuing my summary on the Welfare Call in August, I have had the opportunity to speak to Officer Wukawitz of the Bloomington Police Department and hear from Chief Nelson of the Edina Police Department.

Both men recommended MNCIT Minnesota Crisis Intervention Training (https://mncit.org/) 40 hour course for police officers.  The course teaches empathy for mental illness and de-escalation tactics for dealing in mental health situations, situations where the authoritative stance which is an asset for police officers may be too intimidating and developing rapport may be more beneficial.

It was brought to my attention that welfare calls can have a time limit imposed by the district and this can create pressure on the officers during the call.  This is not a good thing, as it is important that everyone stay calm during these calls

It was also brought to my attention that many police departments have a policy of putting anyone transported by them in handcuffs even if they are going voluntarily. It was noted that this can cause trauma for the person and can escalate the situation or undo the trust or good will that was developed prior to this, if this is not handled gingerly.

Departments may want to rethink this policy or develop training and language for its execution such as “I’m sorry but it is department policy that everyone be handcuffed while transported.  I’m going to put these on you as carefully as I can.”

Courts and attorneys and doctors should be aware that handcuffs might just be a matter of procedure and that they may have induced trauma on the patient and that nothing about the persons conduct should be inferred.

Officer Wukawitz informed me that the cost is one of the biggest obstacles for sending men to the training as it costs about $800 in fees plus officer salary for a week and ensuing overtime that may result from the officer being in class for 40 hours.

I recommend that the state find a way of helping police departments fund this important training as it could prevent unnecessary hospitalizations or civil commitments and could even save a life.  Similarly, I recommend that self-imposed time limits on welfare calls be abolished, as developing trust and rapport is paramount and needs to be done in a relaxed non pressured atmosphere.

I want to stress that the fact that much supposition, presumption and inference about XXXX was made by the courts about the fact that XXXX was handcuffed both in xxxx’s hearing and in the appeal when in reality handcuffing is a matter of policy for many police departments.  It was presumed that XXXX did something of a threatening nature to warrant being restrained.  This was not the case.  This is also probably a common error by the courts in situations where handcuffs were used.

The lack of due process in that police officers are not subject to questioning at the hearing prevented this type of important information from coming out.  According to Jim Gottstein, a Harvard educated attorney and expert on civil commitment law, “People not being allowed to confront witnesses is a Due Process violation.   The U.S. Supreme has held involuntary commitment is only permissible if it takes place pursuant to proper procedures and evidentiary standards.  Kansas v. Crane, 534 U.S. 407, 409-10, 122 S.Ct. 867, 869 (2002).  Disallowing a person to confront a witness against her violates this. “

I recommend that the ordinances governing this violation of due process rights be changed by the MN legislator and the practicing attorneys note this.

These findings are pain staking and require good communication between citizens and police and unfortunately the police are often ignorant of the ramifications of their hold and transport policies of handcuffing and the courts are equally as ignorant of what transpired during the call if they simply rely on a quick written police report and someone’s freedom may be in the balance.  Freedom is a God Given gift and often preserved at great price and needs to be appropriately valued when put at risk by others.

Within the past few days police shot a man in the middle of a mental health crisis in Hopkins.  The Edina and the Hopkins police were involved in the incident.    The man was running and had a knife.  Many question the need to shoot to kill in a case like this.  Clearly, more understanding and patience is needed and better communication.  Let’s both pray and work for change.  Good training is a good start.