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    The Process of Seeking a Judicial Bypass for Abortion May Harm Adolescents

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    By Kate Coleman-Minahan & Amanda Stevenson

    Seventeen-year-old Jane played soccer and dreamed of going to Texas A&M. When she saw the positive pregnancy test, she started to cry. “I want to give my kid everything, the best, better than I have. And I knew I couldn’t do that.” Jane had always been “against abortion.” But, she said, “it was my turn to make the decision and I realized that it was the best decision for me.” She also knew obtaining consent for an abortion from her parents was not a possibility. Her father had told her in the past, “I’ll disown you. You don’t exist to me if you ever [get pregnant].”

    Jane lives in Texas, where adolescents under 18 years old are forced by law to obtain parental consent for abortion care. While most pregnant adolescents involve a parent in their abortion decision, some do not live with a parent or fear that disclosing the pregnancy and desire for abortion will endanger them. Some young people, like Jane, have very reasonable fears of being kicked out or emotionally or physically abused. Adolescents living in Texas who cannot, do not want to, or are afraid to involve a parent in their decision must use the courts to ask a judge for a bypass of parental consent. Little is known about adolescents’ experiences with the judicial bypass process. In order to investigate, we interviewed 20 adolescents who sought judicial bypass in Texas in 2015 or 2016. The research team included co-investigators from the Texas Policy Evaluation Project, an attorney, and a case manager at Jane’s Due Process, a non-profit organization in Texas providing legal representation for pregnant adolescents.

    Burdensome, Unpredictable, and Traumatic

    Our research participants described a highly burdensome, frightening, and humiliating process. Adolescents seeking bypass must go to the courthouse, interview with a court-appointed guardian-ad-litem (GAL), and stand before a randomly assigned judge to prove that they are either mature and well-informed or that parental consent is not in their best interest. Even though the legal standards that judges are required to follow are clear, the process as revealed in our interviews was largely unpredictable. Adolescents had to find transportation and take time away from home and school, risking discovery by their parents – the very reason they sought bypass in the first place. Some participants had their bypass granted just a few days after contacting Jane’s Due Process for resources; others, like Jane, experienced delays of over a month, only to be denied. They experienced “fight or flight” responses such as nausea and shaking and feared that saying the wrong thing could mean being forced to carry the pregnancy to term. Some GALs – often those affiliated with a local church – “preached at them” or told them, as Jane experienced, that “it’s never the right option to have an abortion.” Another participant was humiliated by her GAL who “laughed in the courtroom… making fun of me.” Some judges humiliated the adolescents by asking extremely private and sensitive questions about their sexual histories.

    Even before our participants started the bypass process, they anticipated and experienced abortion stigma from others, including friends and teachers – a major reason many chose to keep their decision private. Although the National Academies of Sciences, Engineering, and Medicine find that abortion is safe and not associated with psychological consequences, many participants feared physical or emotional harm from the abortion, often because they felt they should be punished for doing something that they were told by others – including GALs and even judges – was morally wrong. That authority figures could convince these young women that they alone deserved punishment for making sexual health choices is ironic, given that Texas rarely provides comprehensive sex education in public schools and denies access to contraception without parental consent.

    Furthermore, the humiliation and shame caused by the judicial bypass process may cause lasting trauma. Other research has shown that adverse childhood experiences, stigma, and trauma are all associated with long-term consequences, including depression, anxiety, isolation, and hesitancy to seek health care. Although proponents of the judicial bypass process claim it protects adolescents from harm, it instead appears to cause harm. Our findings lead us to ask: Are parental involvement laws protecting adolescent health and well-being, or are they a tool for adults who oppose abortion rights to restrict access to abortion care and shame adolescents, particularly young women, for their sexuality?

    Putting Adolescents’ Health and Well-Being First

    Allowing adolescents to make their own decisions about their bodies and futures and to choose who they want to involve in sexual health decisions protects their health and well-being. Our and others’ research suggests that forcing young people to involve adults who may harm them, exposing them to humiliation and trauma through a judicial bypass, and potentially forcing them to carry a pregnancy to term is counterproductive and is not in the best interest of young women. Instead, we should:

    • Respect adolescent autonomy. When adolescents express fear of emotional or physical abuse, they should be trusted and allowed to decide who to involve in their pregnancy decisions.
    • Ensure consistent application of bypass laws. States that continue to force parental involvement must mandate that the process be free from GALs and judges’ interjection of their personal opinions on abortion and provide a timely and effective remedy when they do.
    • Provide free and confidential access to the full range of contraceptive options to adolescents so they may better control if and when they want to parent.
    • Give non-judgmental, confidential, accurate sexual health information. Those who work with young people should follow the recommendations of organizations like the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists.

    Right before Jane’s judge denied her bypass, Jane declared, “You guys keep telling me I’m not mature enough to make this decision and I don’t know what I’m getting myself into, yet if I’m not mature enough to make a decision like this how am I mature enough to even have a baby and to go through the emotional and physical changes of having a kid?” Jane saw the illogic of the bypass system even as court officials refused to do so. If states like Texas truly want to protect young people from physical and emotional harm, accurate and stigma-free health education and a judicial system that truly respects the autonomy of adolescents must be ensured.

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    Coleman-Minahan’s research focuses on reproductive health disparities among marginalized women, particularly adolescents and immigrants. First, she uses an intersectional framework that includes structural disadvantage, gender inequality, and cultural processes to examine women’s reproductive health decision-making. Second, she investigates how policy and clinical practice impact access to and quality of contraceptive and abortion care. Coleman-Minahan provides primary care to young mothers and their children at the Young Mother’s Clinic at Children’s Hospital Colorado. She also volunteers with immigrant advocacy groups such as the Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR) and Servicios de La Raza. This article was written in collaboration with the Scholar Strategy Network.

    Health

    Study Shows Immune Cells Against Covid-19 Stay High in Number Six Months After Vaccination

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    A recent study by Johns Hopkins Medicine researchers provides evidence that CD4+ T lymphocytes — immune system cells also known as helper T cells — produced by people who received either of the two available messenger RNA (mRNA) vaccines for COVID-19 persist six months after vaccination at only slightly reduced levels from two weeks after vaccination and are at significantly higher levels than for those who are unvaccinated.

    The researchers also found that the T cells they studied recognize and help protect against the delta variant of SARS-CoV-2, the virus that causes COVID-19. According to the U.S. Centers for Disease Control and Prevention, the delta variant — currently the predominant strain of SARS-CoV-2 in the United States — causes more infections and spreads faster than earlier forms of the virus.

    The study findings were first reported online Oct. 25, 2021, in the journal Clinical Infectious Diseases.

    “Previous research has suggested that humoral immune response — where the immune system circulates virus-neutralizing antibodies — can drop off at six months after vaccination, whereas our study indicates that cellular immunity — where the immune system directly attacks infected cells — remains strong,” says study senior author Joel Blankson, M.D., Ph.D., professor of medicine at the Johns Hopkins University School of Medicine. “The persistence of these vaccine-elicited T cells, along with the fact that they’re active against the delta variant, has important implications for guiding COVID vaccine development and determining the need for COVID boosters in the future.”

    To reach these findings, Blankson and his colleagues obtained blood from 15 study participants (10 men and five women) at three times: prior to vaccination, between seven and14 days after their second Pfizer/BioNTech or Moderna vaccine dose, and six months after vaccination. The median age of the participants was 41 and none had evidence of prior SARS-CoV-2 infection.

    CD4+ T lymphocytes get their nickname of helper T cells because they assist another type of immune system cell, the B lymphocyte (B cell), to respond to surface proteins — antigens — on viruses such as SARS-CoV-2. Activated by the CD4+ T cells, immature B cells become either plasma cells that produce antibodies to mark infected cells for disposal from the body or memory cells that “remember” the antigen’s biochemical structure for a faster response to future infections. Therefore, a CD4+ T cell response can serve as a measure of how well the immune system responds to a vaccine and yields humoral immunity.

    In their study, Blankson and colleagues found that the number of helper T cells recognizing SARS-CoV-2 spike proteins was extremely low prior to vaccination — with a median of 2.7 spot-forming units (SFUs, the level of which is a measure of T cell frequency) per million peripheral blood mononuclear cells (PBMCs, identified as any blood cell with a round nucleus, including lymphocytes). Between 7 and 14 days after vaccination, the T cell frequency rose to a median of 237 SFUs per million PBMCs. At six months after vaccination, the level dropped slightly to a median of 122 SFUs per million PBMCs — a T cell frequency still significantly higher than before vaccination.

    The researchers also looked six months after vaccination at the ability of CD4+ T cells to recognize spike proteins atop the SARS-CoV-2 delta variant. They discovered the number of T cells recognizing the delta variant spike protein was not significantly different from that of T cells attuned to the original virus strain’s protein.

    Although the study was limited because of the small number of participants, Blankson feels it pinpoints areas that merit further research.

    “The robust expansion of T cells in response to stimulation with spike proteins is certainly indicated, supporting the need for more study to show booster shots do successfully increase the frequency of SARS-CoV-2-specific T cells circulating in the blood,” says Blankson. “The added bonus is finding that this response also is likely strong for the delta variant.”

    Along with Blankson, the members of the study team from Johns Hopkins Medicine are study lead author Bezawit Woldemeskel and Caroline Garliss.

    This study was supported by the Johns Hopkins COVID-19 Vaccine-related Research Fund.

    The authors do not have financial or conflict of interest disclosures. 

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    Health

    Poverty, Racism and the Public Health Crisis in America

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    Although extreme poverty in the United States is low by global standards, the U.S. has the worst index of health and social problems as a function of income inequality. In a newly published article, Bettina Beech, clinical professor of population health in the Department of Health Systems and Population Health Sciences at the University of Houston College of Medicine and chief population health officer at UH, examines poverty and racism as factors influencing health.

    “A common narrative for the relatively high prevalence of poverty among marginalized minority communities is predicated on racist notions of racial inferiority and frequent denial of the structural forms of racism and classism that have contributed to public health crises in the United States and across the globe,” Beech reports in Frontiers in Public Health. “Racism contributes to and perpetuates the economic and financial inequality that diminishes prospects for population health improvement among marginalized racial and ethnic groups. The U.S. has one of the highest rates of poverty in the developed world, but despite its collective wealth, the burden falls disproportionately on communities of color.” The goal of population health is to achieve health equity, so that every person can reach their full potential.

    Though overall wealth has risen in recent years, growth in economic and financial resources has not been equally distributed. Black families in the U.S. have about one-twentieth the wealth of their white peers on average. For every dollar of wealth in white families, the corresponding wealth in Black households is five cents.

    “Wealth inequality is not a function of work ethic or work hour difference between groups. Rather, the widening gap between the affluent and the poor can be linked to unjust policies and practices that favor the wealthy,” said Beech. “The impact of this form of inequality on health has come into sharp focus during the COVID-19 pandemic as the economically disadvantaged were more likely to get infected with SARS CoV-2 and die.”

    A Very Old Problem 

    In the mid-1800’s, Dr. James McCune Smith wrote one of the earliest descriptions of racism as the cause of health inequities and ultimately health disparities in America. He explained the health of a person “was not primarily a consequence of their innate constitution, but instead reflected their intrinsic membership in groups created by a race structured society.”

    Over 100 years later, the Heckler Report, the first government-sanctioned assessment of racial health disparities, was published. It noted mortality inequity was linked to six leading causes of preventable excess deaths for the Black compared to the white population (cancer, cardiovascular disease, diabetes, infant mortality, chemical dependency and homicide/unintentional injury).

    It and other reports led to a more robust focus on population health over the last few decades that has included a renewed interest in the impact of racism and social factors, such as poverty, on clinical outcomes.

    The Myth of Meritocracy

    Beech contends that structural racism harms marginalized populations at the expense of affording greater resources, opportunities and other privileges to the dominant white society.

    “Public discourse has been largely shaped by a narrative of meritocracy which is laced with ideals of opportunity without any consideration of the realities of racism and race-based inequities in structures and systems that have locked individuals, families and communities into poverty-stricken lives for generations,” she said. “Coupled with a lack of a national health program this condemns oppressed populations such as Black and Hispanic Americans, American Indians, and disproportionately non-English speaking immigrants and refugees to remain in poverty and suffer from suboptimal health.”

    Keys to Improvement

    The World Health Organization identified three keys to improving health at a global level that each reinforces the impact of socioeconomic factors: (1) improve the conditions of daily life; (2) tackle the inequitable distribution of power, money and resources; and (3) develop a workforce trained in and public awareness of the social determinants of health.

    The report’s findings highlight the need to implement health policies to increase access to care for lower-income individuals and highlight the need to ensure such policies and associated programs are reaching those in need.

    “Health care providers can directly address many of the factors crucial for closing the health disparities gap by recognizing and trying to mitigate the race-based implicit biases many physicians carry, as well as leveraging their privilege to address the elements of institutionalized racism entrenched within the fabric of our society, starting with social injustice and human indifference,” said Beech.

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    Culture

    What Do You Know About Disability Cultural Competence?

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    Recently, I had the opportunity to give a webinar on disability cultural competence to social service workers, but was met with many blank stares. As a disabled social worker myself, I often notice that the disability community is not recognized as a cultural group. Disability is also not considered as a social identity in diversity considerations, despite the ways the community feels about it. Frankly, our field has a long way to go when it comes to developing disability cultural competence. Let’s see if we can change that.

    Why the We Need to Prioritize the Disability Community

    You may be asking yourself, why all the focus on disability? Well, the disability community comprises 26 percent of the adult U.S. population – that’s one in four Americans according to the Centers for Disease Control. Among children under the age of 18, estimates suggest that 4.3 percent of the population is disabled according to the U.S. Census from 2019. This means that social services workers are interacting with the disability community all over! It’s also important to note that disability transcends race, ethnicity, gender and other social identities, as seen in the graphic below (courtesy of Courtney-Long, Romano, Carroll, et al., 2017). So we need to remember to be intersectional in our  practice – these are not siloed communities.

    Courtesy of Courtney-Long, Romano, Carroll, et al., 2017

    Importance of Disability Identity

    I’d like to transition now to talking about the importance of having a disability identity. Some people identify as disabled from a cultural perspective. Some people are not even aware that this is an option and you can open their eyes to the world of disability as a resource for them. In other words, for some, this is a missed opportunity to connect to a supportive network. For others, it’s a choice not to identify as disabled either due to stigma, internalized ableism or other beliefs. The idea is that developing a strong disability identity is super helpful with your long-term well-being. And in order to do this, you have to both connect with the disability community and with disability culture. So what is that?

    What is Disability Culture?

     

    In short, disability culture is the “sum total of behaviors, beliefs, ways of living, & material artifacts that are unique to persons affected by disability.” It’s essential for social service workers to be tuned in to disability culture so they can leverage it to connect with their clients. And let’s be clear, disability culture does NOT consist of disability service programs. Where we really see disability culture come alive is on social media sites, such as Twitter and Instagram. You can follow some of the major disability culture hashtags to see the dialogues and debates that are hot in our community right now, such as: #DisabilityTwitter; #DisabilityVisability; #DisabilityAwareness; #IdentityFirst; #DisabilityLife; #Spoonie,#SpoonieLife, and more.

    You may notice that the last two hashtags included the word “spoonie.” This derives from “spoon theory,” which is an actual theory based on a metaphor about how much mental and physical energy a person has to accomplish their activities of daily living (ADLs) and instrumental activities of daily living (IADLs). The disability community talks about how many “spoons” they have as a unit of measurement of energy – and sometimes refers to themselves as spoonies. Please note that in teaching you this, I am helping you to develop your disability cultural competence.

    How Build Disability Cultural Competence

    Other ways to build up your disability cultural competence are to check out the Disability Visibility Project, which tells the stories of diverse members of the community in wonderful ways. And there are a range of organizations, such as Sins Invalid, which founded the disability justice movement. You can also read the 10 principles of that movement in this short document. This will help you to tune in to the disability pride movement. We have a pride month and a pride flag too, it happens in July.

    When it comes to engaging in disability competent practice, we need to develop knowledge about disability culture and disability history. We can also consider taking the following steps to round out this competence:

    First, we need to examine our own attitudes about disability and engage in reflective practice around that. You can consider your own implicit bias about the disability community through Harvard University’s Project Implicit test about ableism, or through social worker Vilissa Thompson’s guide to checking your own ableism.

    Second, developing disability cultural competence over time also includes a careful look at the terminology we are using and respecting disabled people’s choice of identity-first language in many cases. You can read more about that here and throughout that site. The Harvard Business Review also has a thoughtful essay on why you need to stop using particular words and phrases. It’s a great resource and helpful read for many.

    Third, we also need to think respectfully about disability etiquette and how ideas play out in different parts of the disability community. One should presume competence about us – all of us! We ask that you respect our bodily autonomy, speak to the person and not their companion/interpreter, ask before you help, be sensitive about physical contact/equipment contact, don’t make assumptions about capacity, listen to us, don’t assume you know better and if you are in doubt about what to do, ask! Writer Andrew Purlang sums up his disability etiquette request as follows:

    • Don’t be afraid to notice, mention, or ask about a person’s disability when it’s relevant — but don’t go out of your way!
    • Offer to help, but make sure to listen to their response, respect their answer, & follow their directions
    • Don’t tell a disabled person about how they should think about or talk about their own disability
    • Don’t give unsolicited medical, emotional, or practical advice
    • Don’t make a disabled person responsible for managing your feelings about their disability, or for your education on disability issues
    • If you make a mistake, just say you’re sorry and move on. Don’t try to argue that you were right all along.

    Now What?

    Taken together, these steps, learning disability culture, and examining our own attitudes about disability, go a long way towards the development of disability cultural competence. But none of it will do any good if we are not fighting for disability access and disability inclusion, which are central issues for the disability community. Many people think that issues of access were solved by the passage of the Americans with Disabilities Act of 1990. But the implementation of that law is fraught and embattled, and there is lots of work to be done on the access front. Take a look at these simple guides below. They will go a long way in helping to engage the disability community and making us feel welcome! Above all, remember our movement’s rallying cry, “nothing about us, without us!”

    Website Accessibility

    Accessible Social Media Guide

    Meeting Accessibility

    Webinar Accessibility

    Public Event Accessibility

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