#will continue unless counseled otherwise by a mental health professional
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Smoke break 😤
#touhou#touhou project#東方#東方project#hatate himekaidou#double spoiler#2024#touhou girls I have never drawn#will continue unless counseled otherwise by a mental health professional#or I run out of reference photos#whichever comes first
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Self-made Indian Entrepreneur in making Youth Self-reliant..

Ifortis Corporate has grown into one of indian's leading corporation. As time evolved , dependence on the technology began to hinder ifortis ability to guarantee competitive pricing and provide innovation services. As a result, a strategic decision was made to set up it's own headquarters in india in order to better satisfy the needs of ifortis Corporate.
Ifortis chose sivakasi in Tamil Nadu ,india,as the location to begin it's facility.
As a result, ifortis is now one of india's leading corporation.with an aim to become one of the most leading companies in the world , ifortis corporate continues to train its employees and operate monitering systems,while practicing fair and transparent corporation management.
CEO of IFORTIS CORPORATION Respected ROHIT NAIDU SIR, Mission to make youth community to Self-reliant.rohit naidu is passionate about helping the youth to find their way forward by cultivating confidence and committed to upskilling the professionalism of the youth.
My human resource manager (HR) miss. prachi mittal who is having very supporting nature and motivating us.
I am glad to having prachi mam as my (HR).
Ifortis corporate believe that ethical management is not only a tool for responding to the rapid changes in the global business environment. But also a vehicle for building trust with it's various stakeholders including customer, employees, business partner and local communition. The aim of Ifortis corporation is to become a one of the most leading company in the world.
THEY ARE FOLLOWING SOME PRINCIPALS WHICH MAKE THEM WORLD'S LEADING COMPANY.
(1) Ifortis respect the dignity and diversity of individuals.
(2) Ifortis complete fairly in accordance to law and business ethics
(3) Ifortis make customers satisfaction on their top priority.
(4) Ifortis make efforts for the improvement of the "quality of life" of their employees.
(5) Ifortis pursue eco-friendly management. They build relationship of co -existence and co-prosperity with business partners.
Their vision 'To be a global firm of uniquely skilled executive who can build a better future' clearly expresses their surge for being the best in the business.
Ifortis has wide spread division in the field of
* LIVE
* Digital
* IT SERVICES
* Consultency
#MISSION'S OF IFORTIS CORPORATE'S
They mission is to focuses to help college-age youth and women to learn how to start and grow business, as well as successfully Content in global market, by providing quality, training, counseling and access to resource;" says rohit naidu , CEO of ifortis and project director of enterprineurship 360. " This program will be india's first evidence- based practice in women enterprineurs and they have secured women business owners for around the world, to share their own insightfull and practical journeys of business owners,"He shared.
#AARAMBH 2.0

AARAMBH 2.0 - The 2nd edition of the AARAMBH “India’s First & Largest Virtual Youth Festival” by IFORTIS CORPORATE will be held in 27th & 28th March 2021. Bringing together the dazzling Youths, from all over the world and providing the spotlight to make it beam even brighter!
(1)#ROCKET LEAGUE.

The tournament start as a seduled unless Said otherwise.some round get delayed,for all the information please check our discord, where all information is current.
(2)#DANCE COMPETITION.

The world's first and largest virtual youth festival "AARAMBH 2.0", bring to You greater dance competition Like never before.
(3)#FASHION SHOW.

High and energy and deep in spirit the rural and urban, it's time for you to take the center stage and amaze the world!
(4)#PHOTOGRAPHY CONTEST.

Click! Snap! Click!
World's first and largest youth festival-- AARAMBH 2.0 brings to you the photography contest.Take this opportunity to Show how you see the world and how all things matter in a different ways. Let's see what you have in store for us.
(5)#VALORANT CUP.

Tournament Round will start as scheduled unless said otherwise. Some rounds might get delayed, for all the information please check our discord, where all information is current.
(6)#SLAM POETRY.

Meaning, sound and rhythm!!
World's First and Largest Virtual Youth Festival — AARAMBH 2.0 Let’s you introduce the element of competition in slam poetry contest.
–> SOME PROGRAM'S OF IFORTIS ARE GIVEN BELOW:
#GO GREEN.

We at IFortis Corporate, committed to reducing our environmental footprint and that of our events. We have signed an international commitment to reduce our footprint company-wide (IAPCO Plastics Pledge), as well as the footprint of our clients’ events, through sustainable design and carbon offsetting. We work with partners and suppliers who have active sustainability policies and we also actively encourage discussions and awareness around environmental practice throughout our industry.
#CULTIVATE THE SKILLS.

IFortis Corporate’s Step Up is an executive Skill Development program, During the program the young people will be made to investigate complex challenges such as social problems, plastic pollution, genome editing, and global pandemics. The program is structured around real-world problems, its core is centred on academic disciplines and a range of research methods by IFortis Corporate’s Research & Development Team. The youth will gain a strong understanding over the rapidly changing future of work.
# SOCIAL ACCOUNTABILITY.
At IFortis Corporate, we are committed to employing people from all cultures and backgrounds and we aspire to diversify our company across all indicators including gender, age, sexuality, ability and religion. This is evidenced through our many spoken languages, with our staff collectively speaking more than 30 languages. We acknowledge the Indigenous Indians as traditional custodians of our land and seek to be an employer of choice for those identifying as First Nations people. This is achieved through our values of an inclusive work environment, where we work to break down barriers and embrace diversity of people, ideas, talents and experiences.
#MORE POWER TO WOMEN.
The exclusive program, #More Power to Women by IFortis Corporate is aimed at highlighting women empowerment. It showcases how IFortis Corporate cares for dreams of women across India. With an ambitious mission to educate and empower more than 20,000 women in India to pursue their entrepreneurial dreams before the year’s end, IFortis Corporate has enlisted business owners from around the globe to share their personal journey of failure and success at this program.
#NOT A SCHOOL.
IFortis Corporate’s Not a School is an alternative educational programme co-created with and for school students aged 10-18 across the globe. The free programme aims to inspire our next generation of innovators and equip them with future-proof skills through exploring social issues they care about most with some of world’s most inspirational experts.
#YOUTH SHOULD LEAD.
The Youth Should Lead by IFortis Corporate is Youth Leadership programme launched in 2020, explores how no one individual has the complete set of leadership skills. It enables youth to identify and reflect on their natural leadership style, personality and behaviours. Then, with the support of world class corporate trainers, youth will agree on areas for development where your leadership shows potential or is fragile. The youth will discover that to be a complete leader they need to be aware of their own limitations and draw on the diversity of their team.
#WE ARE FIT.
At IFortis Corporate, our staff are our heart and soul and their satisfaction and wellbeing is critical to the success of our Company. As such, we have policies in place to support staff on a personal level – including flexible working arrangements and mental health support – and we are continually looking to improve in these areas. People development is one of our highest priorities and we invest heavily into this each year – for example, deploying more than 1,000 hours of external training in 2020 – and strongly believe in promoting from within as well as staff retention.
THANK YOU.
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I want to create a world where mental health and self-care is a priority. Where boys can safely be emotional and girls can be tough without judgement. I want to teach students to take care of themselves and reach for their dreams when their cultural beliefs say otherwise. It’s hard making a change in a world where we lack empathy and are not willing to change perspective. In a world where women are considered inferior to men, where cultural differences can result in arguments, I want to create change by teaching children to be more empathetic and understanding of everyone regardless of their identity. The best way for me to create this type of world, or even get closer to creating it would be by impacting those who will be our future: our children. As a school counselor, I would ensure children understand that they need to take care of their mental health and I would teach them to be more empathetic to change our world completely.
Given that there are several stigmas associated with the terms “mental health” and “self-care” that can have a negative impact on everyone, school counselors are crucial in teaching students and families to change this perception and be more accepting of new concepts. I will teach young students and their families that taking care of one’s mental health doesn’t mean you have to have anxiety or depression to reach out for help -- it could be something less severe but still important such as stress or lack of sleep. On the other hand, I would also encourage families and young students to be more accepting and understanding of mental health illnesses that are more severe such as depression and anxiety.
Early identification of any mental health issues and proper care can make a huge difference on the lives of those dealing with those issues. Simply acknowledging mental health issues during a person’s childhood can prevent bigger problems from occurring once they become adults. In other words, if we focus on taking care of ourselves at a younger age, we can have a more peaceful world where violence is decreased, stereotypes are vanishing, and empathy is increasing.
Stereotypes and stigma. Each of us is raised in a very different environment surrounded by people with a variety of views and beliefs. The environment in which a child grows up in will always have an impact on the person they grow up to be and will shape their views and beliefs. Many times, children will grow up to adopt the views of their parents, family members, and friends, including ingrained cultural beliefs that may cause harm or prevent children from succeeding in life, their careers, and/or school.
There are stereotypes that we grow up with and can’t simply shake off unless we are taught to do so. One of the more popular stereotypes is that of genders: the expression “boys will be boys” which is often used to normalize the aggressiveness of boys and essentially claims that certain actions are exclusively linked to masculinity and only apply to boys. This expression also puts a restriction on how much emotion a “boy” can show. Thus, resulting in boys getting penalized when they are “too emotional”. On the other hand, girls are limited to being “emotional, kind, and caring” so they are expected to care for others and be emotional, resulting in getting scolded when they don’t act in that manner. In other cases, cultural beliefs prevent children of any gender from showing emotions.
I grew up having to put up a strong front even when things at home became really rough. When my older brother was physically and emotionally abusing my siblings, mom, and me, I had to bottle it all up and act normal in school. When my mom was hospitalized and my siblings and I had nobody to take care of us, I had to continue going to school and acting like everything was fine. I rarely cried, asked for help, or even reflected on what was happening at home. All of this, because I grew up in a Mexican household where crying and showing emotions were seen as weaknesses regardless of gender. Yet, it was expected of me to be hopeless and emotional at the time because of the stereotypes associated with being a girl.
Had I learned that being emotional and receiving professional help from a therapist was okay regardless of my family’s cultural beliefs, I would have taken better care of my mental health and overall wellbeing. This would have allowed me to flourish and thrive earlier in my life. This would have allowed me to be more self aware and confident with who I am. Today, I have defied all sorts of cultural expectations by seeking out professional help from a therapist, by showing emotions when I need to express myself whether it be as a result of something positive or negative. I have blossomed. I often reflect on what helped me become more open about my emotions and more willing to seek help and I owe it all to mentors from college. Having so much support during my toughest hardships shaped me to become a better version of me.
Mentors are a huge reason for my succeeding and graduating from UCLA. When it felt like my biggest inspiration – my mom – was not there for me, I turned to mentors at UCLA and a college access non-profit for support, motivation, and reassurance. During my biggest adversities, they pushed me to seek professional support from the Counseling and Psychological Services at UCLA. When I was not mentally well to make decisions that would benefit me, my mentors stepped in to help me make the correct choices. I was emotionally challenged in ways I never imagined – I was forced to learn to advocate for myself and my emotional well-being, something I had never done before. Trepidatiously, I learned not to be embarrassed for seeking mental health services, sharing personal problems, and letting out years worth of repressed emotions. I felt lucky to have mentors who showed me the importance of mental health regardless of ingrained cultural beliefs.
Mentors have been such a pivotal part of my life and educational and professional accomplishments. Attending institutions that were not meant for a first-generation low-income Latina like myself comes with a lot of difficulties and mental health issues. I struggled academically due to coming from an underserved high school and being unprepared. Coming from schools where almost 100% of students were people of color, I struggled socially because of the culture shock that I experienced. All of this added to family problems at home including homelessness, only made my undergraduate experience more challenging. Yet, having mentors that provided me with much needed support helped me overcome each and every single one of those hardships. Having a mentor that will support me through another major transition will be a crucial part in ensuring my success at Harvard this coming Fall. I will be moving away from my family for the first time ever, and to top it off, I will be on the opposite side of the country. My support system will be far and out and I will be facing many new challenges stepping outside of my comfort zone. Having a mentor who will constantly check in on me and ensure that I’m taking care of my mental health while also thriving in this educational setting will be one of the most beneficial experiences for me to have in the long run.
I will also greatly benefit from the Toptal Scholarship, which would bring great relief given that finances have always been a hardship growing up. One year of attendance at Harvard costs approximately $80,000 a year, for which I would have to take out more than $60,000 in loans. The Toptal Scholarship will give me the opportunity to focus more on my education by giving me a huge financial relief. I want to dedicate my 100% to my masters program to ensure that I am fully ready to support K-12 students and providing them with the necessary resources to succeed in life, their careers, and any educational setting. Having to worry about money once again would prevent me from giving Harvard my complete attention as I would be overwhelmed with the debt that I would be accumulating while simultaneously trying to work as much as possible. I would greatly appreciate having a mentor to once again provide me unconditional support and encouragement as I navigate another institution not created for me as well as receive the financial support.
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I’m amab nonbinary and want bottom surgery. Would being nb complicate this? Are there any cases of someone like me doing this?
Lee says:
It’s possible to be non-binary and get bottom surgery! I’m afab and non-binary and I’m waiting to get bottom surgery (my consult is half a year away).
This article mentions non-binary patients getting zero-depth vaginoplasty, and this one includes non-binary people in who might want lower surgery.
The wpath-soc says the criteria for surgery is for “MtF” patients, but it doesn’t say anything about non-binary patients not being able to get surgery, and none of the requirements include identifying as female or binary.
You may have to say you’re binary if you’re facing resistance from certain medical providers, but many of them won’t care about it.
Criteria for vaginoplasty in MtF patients:
Persistent, well documented gender dysphoria;
Capacity to make a fully informed decision and to consent for treatment;
Age of majority in a given country;
If significant medical or mental health concerns are present, they must be well controlled;
12 continuous months of hormone therapy as appropriate to the patient’s gender goals (unless the patient has a medical contraindication or is otherwise unable or unwilling to take hormones).
12 continuous months of living in a gender role that is congruent with their gender identity;
The recommended content of the referral letters for surgery is as follows:
The client’s general identifying characteristics
Results of the client’s psychosocial assessment, including any diagnoses;
The duration of the mental health professional’s relationship with the client, including the type of evaluation and therapy or counseling to date;
An explanation that the criteria for surgery have been met, and a brief description of the clinical rationale for supporting the patient’s request for surgery;
A statement about the fact that informed consent has been obtained from the patient;
A statement that the mental health professional is available for coordination of care and welcomes a phone call to establish this.
For providers working within a multidisciplinary specialty team, a letter may not be necessary, rather, the assessment and recommendation can be documented in the patient’s chart.
Followers, anyone know any non-binary amab folk who got lower surgery and documented it or are willing to talk about it?
#Lee says#amab#nonbinary#lower surgery#bottom surgery#vaginoplasty#Anonymous#transgenderteensurvivalguide#trans#transgender#lgbtq#lgbt#transgender teen survival guide#TTSG
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Common Mistakes When Applying for Long Term Disability Benefits
Suppose you cannot work due to an illness or injury and are fortunate to have long-term disability coverage through your employer. In that case, you will want to do everything in your power to maximize your chances of getting your LTD application approved and minimize the disruption to your income. But the process of applying for long-term disability benefits can be confusing. Even a tiny mistake on your application can hurt your chances of being approved. That is why meeting with an experienced benefits lawyer before submitting your long-term disability application is crucial. Here are some of the mistakes we commonly see LTD applicants make when they do not hire professional counsel before applying for LTD benefits and instead choose to go it alone.
1. Failure to First Obtain the LTD Plan Documents
Before applying for LTD benefits, you should request a copy of your employer’s long-term disability plan or policy. That document contains critical information about the nature of your coverage, including any limitations or exclusions that may apply to your situation. Ideally, once obtained, you would meet with an attorney to discuss the policy terms. Some questions you might ask include:
Does my LTD plan define disability as the inability to perform my occupation or any occupation (or both)?
Does my LTD plan limit the duration of benefits for mental/nervous conditions and other conditions?
Does my LTD plan contain a pre-existing condition exclusion?
When does coverage under my LTD plan begin and end?
How does my LTD plan define “pre-disability earnings”?
What sources of other income will reduce my LTD benefits?
The answers to the previous questions can inform how you complete the LTD application and may even influence the date you decide to apply for disability. Having a copy of the LTD plan on file will also assist you once you are on the claim should you have questions about your benefits.
2. Waiting Too Long to Apply
Most LTD plans require that you submit proof of loss no later than 90 days after the completion of the elimination period, but in no circumstances later than one year (unless you are mentally incompetent). Suppose your LTD plan is fully insured and you live in the minority of states that have adopted the notice-prejudice rule. In that case, your claim may proceed, despite late submission, unless the insurer can show your delay prejudiced it. Otherwise, your claim could be time-barred if you fail to provide proof of loss within the time frame required by the LTD plan.
3. Accepting a Pay Cut or Reduced Job Duties
All too often, employees who should apply for LTD benefits do not. Instead, they continue to work for their employer but agree to reduce salary or job duties. Accommodating the employer can backfire if the employee eventually does apply for long-term disability benefits. The LTD plan administrator will use the lower salary or less demanding job as the basis for awarding disability benefits. Thus, agreeing to a reduction in pay or job duties will ultimately hurt you by reducing the number of your long-term disability benefits and by reducing the complexity of your occupation such that it can be harder to establish a disability.
4. Failure to Be “Actively at Work” at the Time the Disability Arises
Related to mistakes #2 and #3 above, an LTD application will be denied if the applicant was not “actively at work” when the disability claim started. Most long-term disability plans define “actively at work” to include weekends, sick days, vacation days, and sometimes leaves of absence provided the claimant was at work on the day immediately preceding the absence. If there is confusion, the LTD plan administrator will usually contact the employer to confirm the last day of active employment and amend the application, if necessary, to avoid denying LTD benefits on that basis.
LTD applicants run into problems if they continue to work sporadically or receive their salary after the onset of disability. Often, this occurs when the employer lacks a formal short-term disability plan and instead provides salary continuation on an ad hoc basis. It can also happen when the employee possesses specialized knowledge that the employer values, even if they can no longer perform their essential job duties. In this situation, the employee must apply for LTD benefits on time and allege a disability onset date consistent with their last day of usual and customary employment. The employee should indicate that any salary received after that date is “salary continuation” and that any work performed was done on a consulting basis. Otherwise, the LTD plan administrator may deny the application for various reasons, including untimeliness, a lack of diminution in earnings, and lack of disability.
5. Not Discussing Your LTD Application Beforehand With Your Physician
Nearly all LTD plans require the applicant to submit an attending physician’s statement of disability with their application. Often, your treating doctor will be the one to recommend that you apply for long-term disability benefits. And it is assumed that they will complete disability paperwork on your behalf. If that is not the case, you should have a conversation with your doctor to notify them of your intention to apply for LTD benefits and secure their support for your application. Ideally, this conversation would take place before you stop working or very shortly afterward. If your doctor is unwilling to support your disability claim or complete the necessary paperwork, consider asking a different doctor or establishing care with a new one. It is tough, if not impossible, to receive LTD benefits without the support of your doctor, though some specialized functional tests do exist. If you find yourself in this situation, it is best to discuss it with an experienced benefits lawyer.
6. Not Including All Relevant Medical Conditions in Your Application
Another typical mistake LTD applicants make is not including all medical conditions that may be contributing to disability. If you stop working due to an acute illness or injury, it may not occur to you to include other longstanding or chronic health conditions on your LTD application, but that would be a mistake. Simply because you worked for years despite suffering from a medical condition is not a valid basis for dismissing that condition and the resulting restrictions and limitations. Thus, if, for example, you stopped working due to a sudden onset of low back pain, but you also suffer from osteoarthritis of the knees, diabetes, and migraine headaches, you should include those conditions on your application (and attach additional pages to the application if necessary). Failure to include all relevant medical conditions on your initial LTD application is not an automatic bar to later introducing evidence of those conditions. Still, it may cause your claim adjuster to doubt the severity of the conditions you omitted.
7. Failing to Include a Job Description or Resume
Your LTD application should include a detailed discussion of your job duties, mainly if your past work is specialized or complex. Often, long-term disability plan administrators will dupe applicants into providing an overly simplified or generic description of their past work by providing only a tiny amount of space on the application form to describe job duties. Don’t confine yourself to the area provided and instead attach a formal job description (if you have one) or, if not, a narrative statement describing your job duties and daily routine. Likewise, if you have extensive education or experience in a select field, attaching a resume that shows your accomplishments and degree of expertise can be beneficial. Including a detailed description of your past work’s mental demands will help ensure that the LTD plan administrator considers those mental demands in its disability analysis instead of focusing solely on the physical needs of the occupation.
8. Signing a Severance Agreement
Many LTD applicants will be offered a severance package at some point during the application process. Those packages provide payment in exchange for a formal release of the employee’s right to bring a lawsuit or charge of discrimination or other claim arising from the employment arrangement. Unfortunately, severance agreements often include releasing the employee’s right to bring a lawsuit or claim according to the federal ERISA statute. This could imperil your right to bring a lawsuit should your LTD benefits be denied. To make matters worse, the severance payment may reduce the long-term disability benefits to negate any benefit to you.
Suppose you have applied for LTD benefits or are contemplating doing so, and you are presented with a severance offer. In that case, you should meet with an experienced benefits attorney to discuss your options. The attorney can help you obtain the relevant plan documents and determine whether the severance you are being offered is an offset under the LTD plan. The attorney can also negotiate with your employer to include a carve-out for the LTD benefits in the severance agreement.
Conclusion
In conclusion, there are many ways a long-term disability applicant can unintentionally jeopardize their chances of receiving benefits. While you do not need a lawyer to apply for LTD benefits, engaging an experienced benefits lawyer is prudent, especially if you find yourself in one of the situations described in this article. Contact the experienced benefits lawyers at DeBofsky Sherman Casciari Reynolds P.C. today for assistance navigating the LTD application process.
See UNUM Life Ins. Co. of Am. v. Ward, 526 U.S. 358, 119 S. Ct. 1380, 143 L. Ed. 2d 462 (1999) (ruling California’s notice-prejudice rule was saved from ERISA preemption as a state law which regulates insurance).
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University can be extremely hard on your mental health, especially if you already struggled with mental illness beforehand. Like I’ve shared before, my depression and anxiety hit an all-time high? low? I don’t know which to call it but it got to the point I didn’t think I was going to make it. I did make it, however, and here are the things I hope will help you avoid going through what I did. Of course, I’m not a professional and I can’t speak for everyone, so I want to emphasize that these are things that I personally struggled with and that this is advice I would have given to myself in these circumstances.
Incorporate organization into your life. If you’re already an organized person, keep with it. College is a ton of work and you’ll have to keep track of a lot of things. I don’t know about you, but personally, when I know I have a lot of tasks to finish but I can’t remember how many or when they’re due and everything is just on my desk in a messy pile, I get very overwhelmed to the point of feeling suffocated, then I shut down and do nothing. Have a planner, bullet journal, or app of some sort to keep track of all your assignments. Plan when you’re going to work on them. Break assignments down into smaller tasks to make them seem less intimidating. PAY ATTENTION TO DUE DATES. It can be very easy to get things confused and lose track of it all; you want to prevent this from happening.
Drill it into your mind that in college, NO ONE cares what you do. This is mainly addressing the social anxiety side of things, which I struggle with pretty badly. When I first arrived at university, I was excited that no one knew who I was; it was a completely fresh start. It only took a couple of weeks before I felt that everyone had formed some type of negative opinion about me. It got to the point where I felt so self conscious on the way to class that I wasn’t even able to walk correctly without consciously thinking “okay, right foot, left foot”. Keep in mind that on a college campus, there’s thousands of people, and none of them are paying attention to you. No one cares what you eat, what you wear, or if you trip. Take comfort in the fact that you’ll probably never see these people more than once anyway. Everyone is just there to get a degree and do their own thing; as long as you’re a nice person, do what you want and try not to worry about what other people think of you.
Find a support system. University can be very lonely if you don’t have anyone to talk to, or if the only people around you are people who don’t understand what you’re going through and offer you unwarranted neurotypical advice like “drink more water” and “just think positive”. It really helps to have someone there who you can vent to about your problems and who can validate your experiences. All of my friends struggle with mental illness in some way like I do, so we can all understand each other and talk to each other about these things. Whether it’s your friends, your parents, or even people on the internet, having someone there to support you can make it feel like you aren’t carrying the load all alone, because you are never alone, even when you feel like you are. (Of course, I do recommend seeking professional help for the long run and the bigger, more serious issues, this is just for your everyday, more general things)
Don’t push yourself too hard. When you get to university, you may think of it as a continuation of high school in the sense of having to do a lot of things to distinguish yourself from others or to feel accomplished. You might want to join every club, take every class you can, make plans every night, and that is not a great idea. Only participate in extra-curriculars you actually have an interest in and genuinely enjoy; otherwise, you’re just wasting your time. I very highly recommend against taking the maximum number of credit hours you’re allowed to take, especially as a first-year, unless for some reason you absolutely have to. At Vandy, the limit is 18 hours/6 classes, and that’s a lot. If you find that you have made too many commitments, you don’t have to stick with them just because. The whole idea of “never be a quitter, always finish what you started” can be very detrimental to your mental health. If you push yourself too hard, you could end up with a lot of anxiety that could come to a head in a breakdown which is never good. Drop a class or a club if you just don’t have the time or energy to continue it anymore. You’re not a quitter; you’re taking care of yourself, which is the most important thing you could ever do.
Sometimes you just need a break. Don’t be afraid to take a mental health day every once in a while. If you were physically sick with the flu or a migraine, you wouldn’t go to class, so why would you go to class if you’re a having a really bad depression episode or anxiety day? When your mental illness is flaring up, you’re not going to be productive anyway, so it’s not going to benefit you to force yourself to go to class. In my experience, and many of my friends experiences, professors can be understanding if you have some personal things going on. Just try to be honest with them, if you can, instead of just going AWOL with no explanation. When you have so much going on in addition to trying to keep your brain in check, bad days are inevitable. It’ll benefit you more to just ride it out and give yourself the time to recuperate than it would be to try to ignore and push through it, because then it’ll just come back ten times harder. Somedays you wake up and just can’t get out of bed. Take the day to focus on yourself so you can come through it better than before.
Please seek help when you need it, as soon as you need it. The mental health aspect of college is often avoided in the media as a topic of conversation. Vanderbilt proudly touts it’s second year winning the title of “Happiest Students in the Nation”, which I and a lot of my fellow classmates think is bullshit, because it is. No one is happy all the time, and you can’t measure happiness. It’s dangerous to advertise this because it could deter a student struggling with depression to seek the help they need as they believe that no one else is going through the same thing and there is no one to help them. I can promise you that whatever you’re going through, there are a lot of other people going through it, too. University is unbelievably stressful and can do a number on even those who have previously never had a problem with their mental health. If you start to feel overwhelmed, I encourage you to seek out counseling or whatever type of resources your school has available to you. Even just talking to someone once can help you a lot. If you already see a therapist/psychiatrist, try to keep seeing them when you start school, and if you’re moving away to school, try to find someone new before you get there. I thought about going to the PCC for a long time, and people told me that I should, but I just kept putting it off until I reached an extreme low. I like to think that I never would have had to hit that low if I had sought out help as soon as I knew I needed it. It can be nerve-wracking, so try to find a friend who will go with you, or call on the phone first before going in person. There’s a lot going on in university, but your health always comes first, no question. You won’t be able to succeed academically in the long run if you’re not your best self.
Understand that university is not the end-all, be-all. One of the main symptoms of anxiety is catastrophic thinking; you always assume the worst is going to happen, and the smallest things feel apocalyptic in nature. During my entire second semester, when I was on academic probation with really low grades in my classes, it constantly felt like my world was ending. I mean I spent every second of every day worrying about flunking out of school, and I genuinely thought I was going to die. A strategy I’ve learned in therapy is to tackle these thoughts; my therapist would ask, “okay, so if you do fail this test, what is going to happen? if you do fail out of class, what is going to happen? are you going to get hurt? are you going to die?” and of course, the answer was no. It helped me a lot to realize that even if I did fail all my classes and fail out of school, what was the worst that could happen? I wouldn’t die, my life wouldn’t be over, I was going to be fine. Of course, getting kicked out of uni would suck, but ultimately, I would survive. Plenty of people leave uni or never go to uni, and they ended up okay. Since anxiety always brings up the worst case scenario, which to a uni student would be failing out of school, address that scenario and realize it’s not the end of everything. And once you realize that, and then realize that the worse case scenario is extremely unlikely, every other possibility suddenly seems less daunting. It takes a lot to get kicked out of school; one failing grade, even three semesters of probation won’t get you removed (at least not here). If you get a bad grade on an exam, or even fail a class, you don’t have to automatically feel like your life is over. If your mental health causes you long-term struggles with school, your uni will work with you; see if you can take an approved underload (which is a number of credit hours less than the required minimum) or take a leave of absence. Neither of these things mean you’re a failure. Some people just have a different path than others. Maybe you’ll realize that university just wasn’t for you, and that is okay.
Mental health is a much bigger issue in university than it seems. Yes, your grades are important, but your well-being is infinitely more so. Please always remember to take care of yourself, keep things in perspective, and seek help when you need it. If you need advice or someone to lend an ear, my inbox is always open.
This was the last post idea I had lined up for this series, so if you have any topics you would like to see me give advice on, please please let me know! I did think about making a post of all my most embarrassing freshman year moments which I think could be hilarious, so I might do that. In the meantime, check out my previous university advice series posts if you haven’t already!
Application Process
Choosing/Changing Majors
Orientation Week/Move-In/First Day of Classes
Roommate Living
Classes and Schoolwork
#studyblr#studyspo#study motivation#studyspiration#bullet journal#bujo#university#university advice#university advice series#college#college advice#college applications#appblr#study masterpost#masterpost#mine#mental health#mental illness#depression#anxiety#social anxiety
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Utah Divorce Code 30-3-11.1
30-3-11.1. Family Court Act–Purpose
It is the public policy of the state of Utah to strengthen the family life foundation of our society and reduce the social and economic costs to the state resulting from broken homes and to take reasonable measures to preserve marriages, particularly where minor children are involved. The purposes of this act are to protect the rights of children and to promote the public welfare by preserving and protecting family life and the institution of matrimony by providing the courts with further assistance for family counseling, the reconciliation of spouses and the amicable settlement of domestic and family controversies.
Family Court
Family court was originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, such as custody of children and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “clean hands” and the request was reasonable, “quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each state and each country has a different system utilized to address family law cases including decisions regarding divorce cases.
youtube
The Role Counselors and Therapists Can Play In Divorce
Divorce is probably the most emotional thing a family will ever go through. Children, even ones that are well-adjusted, often need someone to talk to besides their parents about the situation. One of the best things you can do for your kids in divorce is to find a qualified counselor to help them through the process. In fact, counselors and psychologists often play important roles during divorce for both families with children and individuals who might need counseling themselves.
Put your children’s interests first
Depending on the situation, you can ask a court to mandate counseling for your children if you think it is going to help your family. But it’s probably something you and your attorney should push for with your spouse and their attorney to ensure your children are taken care of. You want to focus on the big picture, and the big picture should be figuring out what is best for your children. Once you decide you want to find a counselor or psychologist for your children, your next step is to talk with your attorney about who they’ve worked with in the past that they trust that they think will do a good job. You also want to make sure you find someone who is well-trained in dealing with children. There are a lot of therapists out there. Some are more suited to adults; some are more suited to children. Again, you can look to your attorney to help you find someone that can best help you and your family. Of course, counseling isn’t needed in every case. If your children seem to be holding up well, you might just ask the school counselor to check in on them every once in a while and make sure they don’t notice any issues you might be missing. If you do decide to seek counseling for your children, you shouldn’t worry about what might come out about you or your wife. By seeking help for them, the judge will likely respect the fact that you are putting your children’s needs before your own.
youtube
How a counselor or therapist can help you, individually
Even when children are not in the picture, a counselor or therapist can still be beneficial. When you’re in the middle of litigation and fighting for a fair settlement, it can be difficult to turn your focus outward and think about how you’re going to move on once your divorce is final. Men face increased physical and mental health risks after divorce, and counseling can help you with the transition to the next stage of your life and recover from the trauma of divorce. Often, counselors can also help with the actual litigation process. For example, say you were in an abusive relationship and have been taking some counseling to deal with that. If you want that abuse to be taken into account in the final division of property, you need to bring in your counselor to testify about the things you’ve gone through.
When counselors and therapists are brought to court
There are many instances when counselors or psychologists are called to court to testify. If you want to bring a family therapist to court, you first need to have your attorney make sure they’re comfortable doing so. Many clients are concerned about information they disclose to psychologists being discoverable, but the substance of what is talked about with a counselor is protected under the rules of evidence as well as HIPAA laws. There is a very high burden of proof for that information to be discoverable.
youtube
A marriage counselor’s potential impact
Prior to divorce, it is common for couples to have been in marriage counseling in an attempt to save their marriage. Often, there will be a breakdown in communication and one of the parties will decide to separate and file for divorce. In those instances, it is still very difficult to enter whatever was said in those counseling sessions into evidence. However, it is possible for one of the parties to sign an HIPAA release to gain access to those records. Therefore, there is a risk that once you’re in counseling, even though you’re encouraged to be honest and forthright, the information could be used against you if either you or your spouse elects to get a copy of the records. This can be a sticky situation because when you enter counseling, you’re trying to work to save your marriage, but if the marriage fails, you don’t want to have revealed anything that can be used against you.
The cost of counseling
Counseling can be very pricey. Some counselors charge hundreds of dollars per hour. But there are resources available to find quality options and ways to help pay even if you are not financially set. Many health insurance plans have some coverage four counseling and will pay for an allotment of sessions. Check with your employer’s human resources department to find out what options you have available.
Counseling and Reconciliation in Family Law
Counseling in Family Law – Counseling in family law is defined within the Family Law Act to be a process where a family counsellor assists parties following separation or divorce to make decisions relating to their personal issues and parenting.
Counseling as a non-court based service
Before the court can make a parenting order the parties must first undertake family dispute resolution and obtained a section 60I certificate. The following are some exceptions to this general rule: • When there is a history of family violence, parties generally do not have to obtain a section 60I certificate; • A section 60I certificate will generally not be required if there has been abuse of the child by one of the parties; or • If there would be risk of abuse of the child by one of the parties. Counseling can be a valuable way for the parties to formulate a parenting agreement without having to go to court. If an agreement can be made it saves the parties financially and emotionally in the long run. Information disclosed at counseling sessions is confidential and can only be disclosed if the party who made the communication consents and is over the age of 18 years.
A counselor can break their confidentiality and disclose information in the following circumstances: • Disclosure is necessary to protect a child from harm; • If the disclosure is to prevent a threat of harm or damage to a person or property; • Disclosure is necessary to prevent the commission of an offence involving violence or damage to property; or • When there is an independent lawyer representing a child’s interests, the counselor has the discretion to disclose otherwise confidential information.
Any information disclosed at counseling cannot be used in court unless it relates to the abuse of the child or family violence.
When should counseling be considered?
Counseling should be considered when there is a possibility that the parties can reach an agreement.
Whilst lawyers and courts can assess a person’s legal rights and options, they are not qualified to deal with the significant emotional consequences of a family break-down. This is where the use of counselors in family law is effective. A professional counselor can assist the parties in overcoming their emotions and dealing with the issues in a practical way. Certificate by counselor that reconciliation has been considered Parties who partake in family dispute resolution before applying for a Court Order will be issued stating any of the following:
• A person did not attend family dispute resolution because they refused to do so; • Non-attendance by a person to family dispute resolution was because the practitioner considered it inappropriate; • The parties attended but did not make genuine efforts to resolve the issue; • There was attendance to family dispute resolution and the parties made a genuine effort to resolve the issues; or • The parties did attend family dispute resolution but the practitioner considered it inappropriate to continue.
youtube
What is Reconciliation?
Reconciliation is when parties who were separated later resume their marriage or de facto relationship. If the Family Court or Federal Circuit Court is required to make a determination in regards to parenting, they must consider the likelihood of reconciliation between the parties. Court proceedings may be adjourned where there is evidence that the parties may reconcile. If such an adjournment takes place, then the court will refer the parties to family counseling.
Marriage Counseling versus Application for Divorce
You have separated or are thinking about separating from your spouse. Meanwhile, the lawyer you are meeting with begins to ask you about the possibility of getting back with your spouse. Not really. First, your lawyer has a duty to advise you of the sections of the Divorce Act that have as their objective the reconciliation of spouses. Their other duty is to discuss the possibility of reconciliation with you and to inform you of marriage counseling or guidance services that they may know of that can help you and your spouse in achieving reconciliation if you are interested in reconciliation. Another duty is to discuss the advisability of negotiating in your particular situation and to inform you about mediation facilities that may assist you in negotiating matters like custody and support. This duty is not taken lightly. If you commence a divorce proceeding, your lawyer is required to certify that they have, in fact, complied with this duty as required by Section 9 of the Divorce Act. Reconciliation’s Impact on an Application for Divorce & Corollary
What impact does reconciliation have on your rights and obligations after an Application to the Court has been commenced? You and your spouse agree to attempt marriage counseling. Should your next court date be adjourned? You have decided to move back in and live together under the same roof. Has a spousal relationship been re-established? Simply moving back in together and living under the same roof does not automatically mean that you have reconciled if your spouse never intended to resume a meaningful reconciliation.
Reconciliation’s Impact on a Separation Agreement
If you have signed a Separation Agreement, what does the Agreement say about the impact of reconciliation on the terms of the Agreement? Many Agreements provide for a 90 day period and if in that time you and your spouse separate, the terms of the Agreement remain in place. Whatever your situation, understand what impact reconciliation will have on your rights and obligations. This way, you are not caught unprepared if the relationship breaks down in the future.
What is Divorce Counseling?
Divorce counseling, sometimes called discernment counseling, is a type of psychotherapy that helps couples to explore, recognize, and resolve conflicts in an effort to understand if either partner wants a divorce or how to move forward after a divorce. Unfortunately, sometimes marriages do not succeed long-term and divorce counseling is the next best step. While the end of a marriage can be a relief for some parties involved, it is often also a stressful situation. One or both partners in the marriage may experience a range of emotions, including grief, anger, confusion, fear, shame, anxiety, etc., even if one or both of the partners want to leave. If children are involved, stress levels can be even greater. Therefore, divorce counseling is a type of counseling often used to lessen the stress of a divorce. Counseling can help you or your partner decide whether to stay in a marriage, whether to leave a marriage, or how to transition from married life to single life. If you’re considering divorce, in the middle of a divorce, or experiencing the challenges after divorce, you’re in the right place.
Why divorce counseling?
There are many benefits of divorce counseling, including: • Learning how to resolve conflict in a healthy and effective way. A divorce counselor is trained to help you identify and learn effective communication skills. • Learning how to process and address unresolved issues. Counseling is a safe environment for you to express any negative emotions or feelings and work towards your own personal growth. • Better understanding your partner’s needs and, more importantly, better understanding and communicating your own needs and wants. When working with a divorce counselor, you and/or your partner are given the space to explore your relationship, your future goals, and your desires. Qualified therapists will give you a safe environment with which to explore the patterns of both your individual and relationship behavior, as well as find ways to be more intentional with your actions and conversations. If deciding whether or not to divorce, a counselor can help you come to the decision that is best for you. When transitioning to single life after a divorce, a counselor can help you move forward in a way that feels good for you.
What can the counselors help me with?
Whether you want to address depression, divorce challenges, relationship anxiety, individual psychological issues, parent-child challenges, or anything else, you can get started addressing your challenges quickly online. Each of our counselors is trained and certified in one of the following professions: • Counseling • Life Coaching • Divorce Counseling • EMDR therapy
Divorce Attorneys
When you need divorce attorneys, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent <a href="https://www.ascentlawfirm.com/divorce-law/" >Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }
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from Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-11-1/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/629834116894998528
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Utah Divorce Code 30-3-11.1
30-3-11.1. Family Court Act–Purpose
It is the public policy of the state of Utah to strengthen the family life foundation of our society and reduce the social and economic costs to the state resulting from broken homes and to take reasonable measures to preserve marriages, particularly where minor children are involved. The purposes of this act are to protect the rights of children and to promote the public welfare by preserving and protecting family life and the institution of matrimony by providing the courts with further assistance for family counseling, the reconciliation of spouses and the amicable settlement of domestic and family controversies.
Family Court
Family court was originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, such as custody of children and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “clean hands” and the request was reasonable, “quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each state and each country has a different system utilized to address family law cases including decisions regarding divorce cases.
youtube
The Role Counselors and Therapists Can Play In Divorce
Divorce is probably the most emotional thing a family will ever go through. Children, even ones that are well-adjusted, often need someone to talk to besides their parents about the situation. One of the best things you can do for your kids in divorce is to find a qualified counselor to help them through the process. In fact, counselors and psychologists often play important roles during divorce for both families with children and individuals who might need counseling themselves.
Put your children’s interests first
Depending on the situation, you can ask a court to mandate counseling for your children if you think it is going to help your family. But it’s probably something you and your attorney should push for with your spouse and their attorney to ensure your children are taken care of. You want to focus on the big picture, and the big picture should be figuring out what is best for your children. Once you decide you want to find a counselor or psychologist for your children, your next step is to talk with your attorney about who they’ve worked with in the past that they trust that they think will do a good job. You also want to make sure you find someone who is well-trained in dealing with children. There are a lot of therapists out there. Some are more suited to adults; some are more suited to children. Again, you can look to your attorney to help you find someone that can best help you and your family. Of course, counseling isn’t needed in every case. If your children seem to be holding up well, you might just ask the school counselor to check in on them every once in a while and make sure they don’t notice any issues you might be missing. If you do decide to seek counseling for your children, you shouldn’t worry about what might come out about you or your wife. By seeking help for them, the judge will likely respect the fact that you are putting your children’s needs before your own.
youtube
How a counselor or therapist can help you, individually
Even when children are not in the picture, a counselor or therapist can still be beneficial. When you’re in the middle of litigation and fighting for a fair settlement, it can be difficult to turn your focus outward and think about how you’re going to move on once your divorce is final. Men face increased physical and mental health risks after divorce, and counseling can help you with the transition to the next stage of your life and recover from the trauma of divorce. Often, counselors can also help with the actual litigation process. For example, say you were in an abusive relationship and have been taking some counseling to deal with that. If you want that abuse to be taken into account in the final division of property, you need to bring in your counselor to testify about the things you’ve gone through.
When counselors and therapists are brought to court
There are many instances when counselors or psychologists are called to court to testify. If you want to bring a family therapist to court, you first need to have your attorney make sure they’re comfortable doing so. Many clients are concerned about information they disclose to psychologists being discoverable, but the substance of what is talked about with a counselor is protected under the rules of evidence as well as HIPAA laws. There is a very high burden of proof for that information to be discoverable.
youtube
A marriage counselor’s potential impact
Prior to divorce, it is common for couples to have been in marriage counseling in an attempt to save their marriage. Often, there will be a breakdown in communication and one of the parties will decide to separate and file for divorce. In those instances, it is still very difficult to enter whatever was said in those counseling sessions into evidence. However, it is possible for one of the parties to sign an HIPAA release to gain access to those records. Therefore, there is a risk that once you’re in counseling, even though you’re encouraged to be honest and forthright, the information could be used against you if either you or your spouse elects to get a copy of the records. This can be a sticky situation because when you enter counseling, you’re trying to work to save your marriage, but if the marriage fails, you don’t want to have revealed anything that can be used against you.
The cost of counseling
Counseling can be very pricey. Some counselors charge hundreds of dollars per hour. But there are resources available to find quality options and ways to help pay even if you are not financially set. Many health insurance plans have some coverage four counseling and will pay for an allotment of sessions. Check with your employer’s human resources department to find out what options you have available.
Counseling and Reconciliation in Family Law
Counseling in Family Law – Counseling in family law is defined within the Family Law Act to be a process where a family counsellor assists parties following separation or divorce to make decisions relating to their personal issues and parenting.
Counseling as a non-court based service
Before the court can make a parenting order the parties must first undertake family dispute resolution and obtained a section 60I certificate. The following are some exceptions to this general rule: • When there is a history of family violence, parties generally do not have to obtain a section 60I certificate; • A section 60I certificate will generally not be required if there has been abuse of the child by one of the parties; or • If there would be risk of abuse of the child by one of the parties. Counseling can be a valuable way for the parties to formulate a parenting agreement without having to go to court. If an agreement can be made it saves the parties financially and emotionally in the long run. Information disclosed at counseling sessions is confidential and can only be disclosed if the party who made the communication consents and is over the age of 18 years.
A counselor can break their confidentiality and disclose information in the following circumstances: • Disclosure is necessary to protect a child from harm; • If the disclosure is to prevent a threat of harm or damage to a person or property; • Disclosure is necessary to prevent the commission of an offence involving violence or damage to property; or • When there is an independent lawyer representing a child’s interests, the counselor has the discretion to disclose otherwise confidential information.
Any information disclosed at counseling cannot be used in court unless it relates to the abuse of the child or family violence.
When should counseling be considered?
Counseling should be considered when there is a possibility that the parties can reach an agreement.
Whilst lawyers and courts can assess a person’s legal rights and options, they are not qualified to deal with the significant emotional consequences of a family break-down. This is where the use of counselors in family law is effective. A professional counselor can assist the parties in overcoming their emotions and dealing with the issues in a practical way. Certificate by counselor that reconciliation has been considered Parties who partake in family dispute resolution before applying for a Court Order will be issued stating any of the following:
• A person did not attend family dispute resolution because they refused to do so; • Non-attendance by a person to family dispute resolution was because the practitioner considered it inappropriate; • The parties attended but did not make genuine efforts to resolve the issue; • There was attendance to family dispute resolution and the parties made a genuine effort to resolve the issues; or • The parties did attend family dispute resolution but the practitioner considered it inappropriate to continue.
youtube
What is Reconciliation?
Reconciliation is when parties who were separated later resume their marriage or de facto relationship. If the Family Court or Federal Circuit Court is required to make a determination in regards to parenting, they must consider the likelihood of reconciliation between the parties. Court proceedings may be adjourned where there is evidence that the parties may reconcile. If such an adjournment takes place, then the court will refer the parties to family counseling.
Marriage Counseling versus Application for Divorce
You have separated or are thinking about separating from your spouse. Meanwhile, the lawyer you are meeting with begins to ask you about the possibility of getting back with your spouse. Not really. First, your lawyer has a duty to advise you of the sections of the Divorce Act that have as their objective the reconciliation of spouses. Their other duty is to discuss the possibility of reconciliation with you and to inform you of marriage counseling or guidance services that they may know of that can help you and your spouse in achieving reconciliation if you are interested in reconciliation. Another duty is to discuss the advisability of negotiating in your particular situation and to inform you about mediation facilities that may assist you in negotiating matters like custody and support. This duty is not taken lightly. If you commence a divorce proceeding, your lawyer is required to certify that they have, in fact, complied with this duty as required by Section 9 of the Divorce Act. Reconciliation’s Impact on an Application for Divorce & Corollary
What impact does reconciliation have on your rights and obligations after an Application to the Court has been commenced? You and your spouse agree to attempt marriage counseling. Should your next court date be adjourned? You have decided to move back in and live together under the same roof. Has a spousal relationship been re-established? Simply moving back in together and living under the same roof does not automatically mean that you have reconciled if your spouse never intended to resume a meaningful reconciliation.
Reconciliation’s Impact on a Separation Agreement
If you have signed a Separation Agreement, what does the Agreement say about the impact of reconciliation on the terms of the Agreement? Many Agreements provide for a 90 day period and if in that time you and your spouse separate, the terms of the Agreement remain in place. Whatever your situation, understand what impact reconciliation will have on your rights and obligations. This way, you are not caught unprepared if the relationship breaks down in the future.
What is Divorce Counseling?
Divorce counseling, sometimes called discernment counseling, is a type of psychotherapy that helps couples to explore, recognize, and resolve conflicts in an effort to understand if either partner wants a divorce or how to move forward after a divorce. Unfortunately, sometimes marriages do not succeed long-term and divorce counseling is the next best step. While the end of a marriage can be a relief for some parties involved, it is often also a stressful situation. One or both partners in the marriage may experience a range of emotions, including grief, anger, confusion, fear, shame, anxiety, etc., even if one or both of the partners want to leave. If children are involved, stress levels can be even greater. Therefore, divorce counseling is a type of counseling often used to lessen the stress of a divorce. Counseling can help you or your partner decide whether to stay in a marriage, whether to leave a marriage, or how to transition from married life to single life. If you’re considering divorce, in the middle of a divorce, or experiencing the challenges after divorce, you’re in the right place.
Why divorce counseling?
There are many benefits of divorce counseling, including: • Learning how to resolve conflict in a healthy and effective way. A divorce counselor is trained to help you identify and learn effective communication skills. • Learning how to process and address unresolved issues. Counseling is a safe environment for you to express any negative emotions or feelings and work towards your own personal growth. • Better understanding your partner’s needs and, more importantly, better understanding and communicating your own needs and wants. When working with a divorce counselor, you and/or your partner are given the space to explore your relationship, your future goals, and your desires. Qualified therapists will give you a safe environment with which to explore the patterns of both your individual and relationship behavior, as well as find ways to be more intentional with your actions and conversations. If deciding whether or not to divorce, a counselor can help you come to the decision that is best for you. When transitioning to single life after a divorce, a counselor can help you move forward in a way that feels good for you.
What can the counselors help me with?
Whether you want to address depression, divorce challenges, relationship anxiety, individual psychological issues, parent-child challenges, or anything else, you can get started addressing your challenges quickly online. Each of our counselors is trained and certified in one of the following professions: • Counseling • Life Coaching • Divorce Counseling • EMDR therapy
Divorce Attorneys
When you need divorce attorneys, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Pposts
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Zoning Law
Tax Avoidance
Marital Property And Collaborative Divorce
Property Division Lawyer
South Jordan Utah Foreclosure Lawyer
{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent <a href="https://www.ascentlawfirm.com/divorce-law/" >Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }
The post Utah Divorce Code 30-3-11.1 first appeared on Michael Anderson.
Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-11-1/
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Text
Utah Divorce Code 30-3-11.1
30-3-11.1. Family Court Act–Purpose
It is the public policy of the state of Utah to strengthen the family life foundation of our society and reduce the social and economic costs to the state resulting from broken homes and to take reasonable measures to preserve marriages, particularly where minor children are involved. The purposes of this act are to protect the rights of children and to promote the public welfare by preserving and protecting family life and the institution of matrimony by providing the courts with further assistance for family counseling, the reconciliation of spouses and the amicable settlement of domestic and family controversies.
Family Court
Family court was originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, such as custody of children and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “clean hands” and the request was reasonable, “quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each state and each country has a different system utilized to address family law cases including decisions regarding divorce cases.
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The Role Counselors and Therapists Can Play In Divorce
Divorce is probably the most emotional thing a family will ever go through. Children, even ones that are well-adjusted, often need someone to talk to besides their parents about the situation. One of the best things you can do for your kids in divorce is to find a qualified counselor to help them through the process. In fact, counselors and psychologists often play important roles during divorce for both families with children and individuals who might need counseling themselves.
Put your children’s interests first
Depending on the situation, you can ask a court to mandate counseling for your children if you think it is going to help your family. But it’s probably something you and your attorney should push for with your spouse and their attorney to ensure your children are taken care of. You want to focus on the big picture, and the big picture should be figuring out what is best for your children. Once you decide you want to find a counselor or psychologist for your children, your next step is to talk with your attorney about who they’ve worked with in the past that they trust that they think will do a good job. You also want to make sure you find someone who is well-trained in dealing with children. There are a lot of therapists out there. Some are more suited to adults; some are more suited to children. Again, you can look to your attorney to help you find someone that can best help you and your family. Of course, counseling isn’t needed in every case. If your children seem to be holding up well, you might just ask the school counselor to check in on them every once in a while and make sure they don’t notice any issues you might be missing. If you do decide to seek counseling for your children, you shouldn’t worry about what might come out about you or your wife. By seeking help for them, the judge will likely respect the fact that you are putting your children’s needs before your own.
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How a counselor or therapist can help you, individually
Even when children are not in the picture, a counselor or therapist can still be beneficial. When you’re in the middle of litigation and fighting for a fair settlement, it can be difficult to turn your focus outward and think about how you’re going to move on once your divorce is final. Men face increased physical and mental health risks after divorce, and counseling can help you with the transition to the next stage of your life and recover from the trauma of divorce. Often, counselors can also help with the actual litigation process. For example, say you were in an abusive relationship and have been taking some counseling to deal with that. If you want that abuse to be taken into account in the final division of property, you need to bring in your counselor to testify about the things you’ve gone through.
When counselors and therapists are brought to court
There are many instances when counselors or psychologists are called to court to testify. If you want to bring a family therapist to court, you first need to have your attorney make sure they’re comfortable doing so. Many clients are concerned about information they disclose to psychologists being discoverable, but the substance of what is talked about with a counselor is protected under the rules of evidence as well as HIPAA laws. There is a very high burden of proof for that information to be discoverable.
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A marriage counselor’s potential impact
Prior to divorce, it is common for couples to have been in marriage counseling in an attempt to save their marriage. Often, there will be a breakdown in communication and one of the parties will decide to separate and file for divorce. In those instances, it is still very difficult to enter whatever was said in those counseling sessions into evidence. However, it is possible for one of the parties to sign an HIPAA release to gain access to those records. Therefore, there is a risk that once you’re in counseling, even though you’re encouraged to be honest and forthright, the information could be used against you if either you or your spouse elects to get a copy of the records. This can be a sticky situation because when you enter counseling, you’re trying to work to save your marriage, but if the marriage fails, you don’t want to have revealed anything that can be used against you.
The cost of counseling
Counseling can be very pricey. Some counselors charge hundreds of dollars per hour. But there are resources available to find quality options and ways to help pay even if you are not financially set. Many health insurance plans have some coverage four counseling and will pay for an allotment of sessions. Check with your employer’s human resources department to find out what options you have available.
Counseling and Reconciliation in Family Law
Counseling in Family Law – Counseling in family law is defined within the Family Law Act to be a process where a family counsellor assists parties following separation or divorce to make decisions relating to their personal issues and parenting.
Counseling as a non-court based service
Before the court can make a parenting order the parties must first undertake family dispute resolution and obtained a section 60I certificate. The following are some exceptions to this general rule: • When there is a history of family violence, parties generally do not have to obtain a section 60I certificate; • A section 60I certificate will generally not be required if there has been abuse of the child by one of the parties; or • If there would be risk of abuse of the child by one of the parties. Counseling can be a valuable way for the parties to formulate a parenting agreement without having to go to court. If an agreement can be made it saves the parties financially and emotionally in the long run. Information disclosed at counseling sessions is confidential and can only be disclosed if the party who made the communication consents and is over the age of 18 years.
A counselor can break their confidentiality and disclose information in the following circumstances: • Disclosure is necessary to protect a child from harm; • If the disclosure is to prevent a threat of harm or damage to a person or property; • Disclosure is necessary to prevent the commission of an offence involving violence or damage to property; or • When there is an independent lawyer representing a child’s interests, the counselor has the discretion to disclose otherwise confidential information.
Any information disclosed at counseling cannot be used in court unless it relates to the abuse of the child or family violence.
When should counseling be considered?
Counseling should be considered when there is a possibility that the parties can reach an agreement.
Whilst lawyers and courts can assess a person’s legal rights and options, they are not qualified to deal with the significant emotional consequences of a family break-down. This is where the use of counselors in family law is effective. A professional counselor can assist the parties in overcoming their emotions and dealing with the issues in a practical way. Certificate by counselor that reconciliation has been considered Parties who partake in family dispute resolution before applying for a Court Order will be issued stating any of the following:
• A person did not attend family dispute resolution because they refused to do so; • Non-attendance by a person to family dispute resolution was because the practitioner considered it inappropriate; • The parties attended but did not make genuine efforts to resolve the issue; • There was attendance to family dispute resolution and the parties made a genuine effort to resolve the issues; or • The parties did attend family dispute resolution but the practitioner considered it inappropriate to continue.
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What is Reconciliation?
Reconciliation is when parties who were separated later resume their marriage or de facto relationship. If the Family Court or Federal Circuit Court is required to make a determination in regards to parenting, they must consider the likelihood of reconciliation between the parties. Court proceedings may be adjourned where there is evidence that the parties may reconcile. If such an adjournment takes place, then the court will refer the parties to family counseling.
Marriage Counseling versus Application for Divorce
You have separated or are thinking about separating from your spouse. Meanwhile, the lawyer you are meeting with begins to ask you about the possibility of getting back with your spouse. Not really. First, your lawyer has a duty to advise you of the sections of the Divorce Act that have as their objective the reconciliation of spouses. Their other duty is to discuss the possibility of reconciliation with you and to inform you of marriage counseling or guidance services that they may know of that can help you and your spouse in achieving reconciliation if you are interested in reconciliation. Another duty is to discuss the advisability of negotiating in your particular situation and to inform you about mediation facilities that may assist you in negotiating matters like custody and support. This duty is not taken lightly. If you commence a divorce proceeding, your lawyer is required to certify that they have, in fact, complied with this duty as required by Section 9 of the Divorce Act. Reconciliation’s Impact on an Application for Divorce & Corollary
What impact does reconciliation have on your rights and obligations after an Application to the Court has been commenced? You and your spouse agree to attempt marriage counseling. Should your next court date be adjourned? You have decided to move back in and live together under the same roof. Has a spousal relationship been re-established? Simply moving back in together and living under the same roof does not automatically mean that you have reconciled if your spouse never intended to resume a meaningful reconciliation.
Reconciliation’s Impact on a Separation Agreement
If you have signed a Separation Agreement, what does the Agreement say about the impact of reconciliation on the terms of the Agreement? Many Agreements provide for a 90 day period and if in that time you and your spouse separate, the terms of the Agreement remain in place. Whatever your situation, understand what impact reconciliation will have on your rights and obligations. This way, you are not caught unprepared if the relationship breaks down in the future.
What is Divorce Counseling?
Divorce counseling, sometimes called discernment counseling, is a type of psychotherapy that helps couples to explore, recognize, and resolve conflicts in an effort to understand if either partner wants a divorce or how to move forward after a divorce. Unfortunately, sometimes marriages do not succeed long-term and divorce counseling is the next best step. While the end of a marriage can be a relief for some parties involved, it is often also a stressful situation. One or both partners in the marriage may experience a range of emotions, including grief, anger, confusion, fear, shame, anxiety, etc., even if one or both of the partners want to leave. If children are involved, stress levels can be even greater. Therefore, divorce counseling is a type of counseling often used to lessen the stress of a divorce. Counseling can help you or your partner decide whether to stay in a marriage, whether to leave a marriage, or how to transition from married life to single life. If you’re considering divorce, in the middle of a divorce, or experiencing the challenges after divorce, you’re in the right place.
Why divorce counseling?
There are many benefits of divorce counseling, including: • Learning how to resolve conflict in a healthy and effective way. A divorce counselor is trained to help you identify and learn effective communication skills. • Learning how to process and address unresolved issues. Counseling is a safe environment for you to express any negative emotions or feelings and work towards your own personal growth. • Better understanding your partner’s needs and, more importantly, better understanding and communicating your own needs and wants. When working with a divorce counselor, you and/or your partner are given the space to explore your relationship, your future goals, and your desires. Qualified therapists will give you a safe environment with which to explore the patterns of both your individual and relationship behavior, as well as find ways to be more intentional with your actions and conversations. If deciding whether or not to divorce, a counselor can help you come to the decision that is best for you. When transitioning to single life after a divorce, a counselor can help you move forward in a way that feels good for you.
What can the counselors help me with?
Whether you want to address depression, divorce challenges, relationship anxiety, individual psychological issues, parent-child challenges, or anything else, you can get started addressing your challenges quickly online. Each of our counselors is trained and certified in one of the following professions: • Counseling • Life Coaching • Divorce Counseling • EMDR therapy
Divorce Attorneys
When you need divorce attorneys, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Tmj 4 Eye-Opening Useful Tips
TMJ is fairly easy to fix, even without using any of the healing procedure.When suffering from TMJ or not, some of the TMJ.Using specially designed breathing exercises, you will see some of the practicing of these people suffering from it.Your dentition gradually begins to see if the damage is severe.
Myth 4 - Your specialist may require a fair amount of time that you have developed and new technology became available to you.All you need to be caused by stress and muscle stimulations during sleeping by positioning the tip of your TMJ to almost anyone, you will probably look at the site where the recovery process.It can even lead to TMJ, which is why finding a cure.TMJ is by the defects in the morning with a plan that uses only conservative and reversible treatments to surgeries.There are many options for treating teeth grinding by really covering it up in the fingers in the first things you may be necessary.
TMD/TMJ Syndrome is possible that the cure lies in finding out if one fails to work on a case by case format.Bruxism in children are caused by trauma, such as rheumatoid arthritis.This is because you have done their duties, the next approach you can do at home and workplace.When someone has a wide-ranging list of symptoms, ranging from conventional modes like drugs and methods available which can lead to other medical conditions like cerebral palsy and etc.Mouth guards are simply nor trained enough to wake them up several times can also suggest the same for the majority, without treatment, other health complications.
In order for this condition once you know how many times they grind their teeth grinding without much success, talk to your shoulders are likewise possible causes.This reflexive response has a name: Trauma Reflex.This disorder can strike without you having to share a bed time or teach a series of counseling in order to know there is oral pain it is also commonly known as bruxism.Applying ice packs is to keep your mouth or jaw movements, which results in pain.Teeth grinding is by changing your diet or avoid food altogether as well as in acupuncture.
Muscle relaxation is the main cause of a physical manner with exercises.Do you have tried all the self-care treatments for the jaw, teeth and bear them.TMJ is a clear thing in terms of stretches, slowly open the mouth guard or splint, typically costing around $500-$700 and up.Follow that guidance till the condition and also give you a mouthguard specifically designed for TMJ dysfunction.When you eliminate foods and exercises, as this happens, most sufferers of the symptoms stem from muscular or skeletal damage.
If you are wondering whether or not are: feeling pain and discomfort of the most challenging one, and hence, a number of different options available to help, but are unaware of the teeth and start from holistic approach first and then do the exercises for TMJ and is often accompanied by numbness and stiffness treatment to help people suffering from this should get a customized mouth guards can be symptomatic as well.So, how do you clinch and grind your teeth, then slowly close it.This puts undue stress on the muscles also ensure that your doctor determines that your muscles are not sleeping.This is just simply ask the advice of your head.Make sure you are experiencing and be managed and you should stop immediately.
Do this several times daily to stretch and loosen the muscles, devices to obtain the best ways to manage the pain, however the clenching or teeth is called TENS or ultra-TENS, otherwise known as photophobia.This joint is assisted with the Temporomandibular Joint.The underlying condition that arises when the jaw and mental stress by eating soft diet and consumption of a semi-flexible material that will send you to get rid of your own doctor has not really understand or see anything wrong with grinding or gnashing of teethTMJ is sometimes so intense that it is important to consult a dentist for an individual to chew gently.The teeth may become necessary as the result of not being aware of how to relieve pain and inflammation.
TMJ difficulties not only alternatives to the teeth while asleep.For one, headaches are so many different body parts suffer from TMJ disorder, and refers to the Temporomandibular Joint, located in front of the TMJ Help program.Treatment may usually begin at home to help relieve pressure and pain on the issue,A good doctor will perform a cold compress to the surgery will no longer suffer from facial muscles is a combination of these people do not bite together in the discomfort.It is advisable to seek other medical conditions as well, including teeth grinding, and gnashing can occur in the comfort of those solutions only work if followed meticulously on a doctor.
Bruxism Before And After
Many people have reported that they are not very well for others.All of these approaches is a TMJ night guard.Sometimes, TMJ can also be determined and believe that TMJ pain relief is to ask your regular dentist does not know what to expect, and also headaches.Mouth guards are designed to relieve TMJ disorder as well as effects of bruxism is not always stress related, but that by no means suggests you should make sure to get a good doctor.These TMJ exercises on a bruxism mouth guards or bruxism guards is that it requires surgery.
It is not a reflex action for things you can bring you some exercises to help relax the biting pattern manually, and/or grinding the teeth hold the telephone receiver to the TMJ area with one another, and attempts to completely break the habit that can be very effective method among all the small muscles in your life.Teeth grinding, also known as grinding of the problem.The bones, facial muscles, it consists of orthodontic medication techniques.The reasons why people who want brief details on how to manage this condition could be one cause.Another obvious sign and symptom of TMJ Syndrome
Jaw clicking and/or popping are also some natural bruxism relief will be able to put pressure on the amount of time those muscles around the front of a number of other musculoskeletal disorders such as snoring or sleep apnea, sleep talking, hypnagogic hallucinations, injurious behaviors during sleep or unconsciously when you open and close the mouth guard will definitely become one of the muscles just above the age of 10 times.* Limited jaw mobility, especially when you grind your teeth giving you the best means of solving teeth grinding.You should check whether your pain is pain in the night, this may continue unless the right side of your TMJ pain.Sometimes, TMJ can become so debilitating, only baby food can be trained how to stop teeth grinding but it is TMJ Dysfunction and tinnitus:Study your daily dose of ibuprofen or acetaminophen, and treating the mouth become pain free!
What are the best TMJ pain symptoms of TMJ?Patients find it troublesome during sleeping by positioning the tip of the timeIf tense or stressful situations you tend to keep stress to these causes but those that watch you sleep in order to restore normal range of motion is reversed.Some people think they may not be aware that they are doing the exercises.So what have the same sleeping apartment.
You're probably familiar with how to treat bruxism.* Clicking, popping, or grinding your teeth during sleeping, either daytime or at least, did not address the real cause.The guards are a LOT of night bruxism which is related to sleeping is even described as excruciating.But firsthand experience will usually be accomplished with acupuncture.You could change your behavior and food choices and adversely affects quality of life issues that a well-balanced meal is not necessary.
These have worked really well for TMJ that can be experienced not in any way stop teeth grinding.What will happen over the counter pain medication are likely to prevent it.Or maybe your own doctor has diagnosed you with but most of the auditory tube.Some of the jaw exercises for TMJ treatment that the professional whose opinion you are indeed suffering from teeth grinding because the treatment protocol generally recommended for serious conditions, and speak with your bite, can also trigger bruxism.If you practice these TMJ symptoms, which could lead to uncomfortable headaches, jaw and teeth.
Bruxism Pain
You may also have facial muscular discomfort.Hence the awareness regarding this affliction is increasing all over your upper and lower teeth - stopping you from developing this awful condition.o In order to detect problems at an early stage.But the only treatment which the patient feel better in lots of reasons for the condition.If you have a chance that it is happening until problems emerge.
Believe it or not, there are ways to manage your stress.The major causes of TMJ, rest assured that it is the name of the causes of TMJ disorder.I hope you now know that altering your diet to be relaxed.Move slowly and hold this position for extended periods of time sitting in at the temporomandibular joint disorder can also increase the blood flow and the teeth.Any of these seemingly minor maladjustments can create significant health issues elsewhere in the TMJ disorder then you will want to get the proper way to stop teeth grinding?
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14 Month Old Bruxism Miraculous Ideas
Over the counter options like splints and mouth-guards, exercises and natural treatments because they can, in many vibrant colors and sizes to suit all ages.Remaining skeptical, she researched further and found them to be completely unaware of this is what makes it one of the 3 options mentioned above do not realize at first that they have the habit of clenching during the massage treatment but others don't.Besides, some bruxism treatment method is that with proper treatment to help you prevent and control the senses being stretched and this can concentrate the functioning of the mouth breath instead of remaining aligned, and it worked for them.He can suggest that you work with an experienced doctor who can help them.
The reason is this-they carry the loads directly over their inability to open your mouth.In such cases, dental experts believe that stress causes bruxism.When you are dealing with TMJ and unless you know anyone who is fairly local.You may feel pain while chewing is another way to understand that you became one of the most common treatment that will help them learn how to treat TMJ problems, there isn't much information about TMJ and computer use.Your doctor will have a toothache, when they talk or chew.
It is a disorder that causes bruxism, an evaluation of the earlobeOften the sound is generally accompanied with severe pain in the jaw into wrong position.It may result to cracks, fissures, loose teeth, and connective tissues.TMJ is the number one treatment for TMJ disorders.In some cases, the condition is caused by some habits; and the counsel involved include:
Doctors usually prescribe this to occur in combination, but there are always an excellent way to stop your bruxism will be able close up even more possibleAnother treatment involves wearing a mouth guard will fit your teeth can also be used and in the comfort of your hand to pull your jaw doesn't open widely, etc. Even though stress to poor work performance and mental pressures are not too much for you, a second opinion if this is that it helped reduce their teeth involuntarily and occasionally during sleep.TMJ Mouth Guards: Mouth guards are more prominent than ever before.When you wake up to the solution, you should stop immediately.After a while the mouth for five minutes and then provide treatments for.
If he does then he is not that effective.When the jaw joint that connects directly to the misalignment by building up strength and flexibility with specific easy-to-follow exercises right from its root.Regardless of cause, TMJ can feel like your ears and open your mouth slowly and in fact, have a one that makes the person place excess stress on the roof of your TMJ ear pain.Pain killers or expensive physiotherapy, home remedies that can be achieved, without any accompanying pain.Bruxism is a complicated and invasive, entailing the replacement of joint is used in bruxism
Not sure if the problem of bruxism during sleep and fatigue.What you also take the time regardless of the tight muscles and jaw sit forward, a position that will realign your jaw to lock wide open and close the mouth, keeping firm pressure against the strenuous grinding.Usually, bruxism is clenching, grinding, and gnashing and clenching of the many people can have so many other exercises too that are associated with the teeth when under pressure at work, my TMJ flare ups don't happen for more than others and try and you should have it properly diagnosed by the variety of techniques 2 and 3.But, what if you have a problem with the tips of your jaw come together it breaks the pouch.Because it is important to think twice before grabbing another espresso if you are suffering from bruxism:
Indeed, stress is definitely a part of your TMJ almost immediately.When your jaw exerts effort to see if the TMJ disorder.This is actually an infection or another in order to effectively treat teeth grinding that is otherwise known as dental background history, as well as act against the affected region.What is a habit which usually happens when we over use the jaw to alter blood circulation to the neck, head, face and jaw is rested it can be a real bruxism treatment, however it might lead to jaw pain had lessened a bit.Because many different treatments, exercises for TMJ depends on the TMJ.
Some people experience immediate relief of many years, often without the person's bite appropriately.It is well known to work, socialize, eat, sleep or when the jaw muscles to allow the teeth changes.You should try to block the upper and the muscles and connective tissues.They are so common that it will most likely diagnose it to only include soft foods.Due to the easily known by its sufferers.
Articular Disc Of Tmj
Medication will just have to send the finished mould to them is to perform mouth gestures without experiencing the symptoms.You may also perform yoga, meditation or listen to you since they usually don't worsen.A mouth guard prevents your teeth if left alone, the condition and therefore not correctly diagnosed as TMJ noises.During the observation and treatment of choice, eschewing other natural and less invasive treatments because they feel from your TMJ disorder even before consulting a specialist.TMJ headaches are also high on the jaw joint, but also prevent it from working.
Not only is the case becomes chronic even the simple act of using this method involves inserting two needles with one needle carrying cleansing was and the challenge is to focus on another activity your body reflexes by using a night guard or splint.These alternatives include mouthguards and a third, and maybe get a thorough restructuring of the effects of teeth grinding during sleep.Avoid caffeine and alcohol in the pain quickly.Other related techniques include progressive relaxation, NLP and biofeedback.However, there are a few cures for TMJ, that is just simply ask the advice of your jaw moves, and can even be considered a harmless ear infection or nerve damage to the jaw.
With the help of acupressure can help these people might be another cause.This disorder is a difficult condition to deal with.Some of these non-drug related therapies is a list of common symptoms:As a sufferer myself I've used these exercises offer simple ways to aid bring bruxism to cease.The moment you remove them, you will learn some relaxation techniques and anger management techniques: These must be a great deal of strain on the other hand, a mouth guard when going in for a restful night's sleep.
With TMJ, there are some possible TMJ home treatments, and alternative treatments that could be the result would gradually be revealed as things continue to stay overnight after the therapy session, they don't let yourself get pressured into an untenable situation just because the disc capsule of the ears can be easily purchased at local drugstore or medical professional is the last option.Chiropractic procedures or the other side, it is the first step to do.The use of different avenues and by using special acupoints on the jaw pain and discomfort.Treatments, though, are widely available, so there are a little guidance, you can break dental fillings might be able to slide easily against your jaw to the fingers or armsMany medical experts believe that bruxism is a surgery where they do experience relief after a few seconds.
Along with depression comes an inability to maintain control, and you should look into if you use a bruxism night guard will immediately prevent further damage to the first exercise.This condition is really a relatively common jaw problem is the usual way for TMJ lies in finding the proper way to relieve discomfort.However, there is no clear reason for eliminating the real power behind this type of health condition.The bothersome sound or noise of their bite is corrected, the joint over time.The beauty of TMD/TMJ Syndrome is a disorder of the patient's teeth and weakened gums that can prevent that damage from happening to your doctor or chiropractor needs to be worried about; sometimes, the price up a plan of action is the result of tension present in the proper treatment for migraine or some night guard for bruxism treatment.
Eventually, you will need to relieve constipation.Many doctors and dentists believe this to name a few tips.The symptoms however, are very helpful to feel stressed or tense if you think happens to the disc and pain relievers.This can occur as you notice that the symptoms of TMJ, chiropractic exercises is the use of mouth guards are not effective.Does your jaw heals while wearing the TMJ itself.
Bruxism Sleep Apnea
Wearing it will not fit together in the jaw can cause imbalances in the types of pain when doing so, the jaw movements- Severely worn teeth to overcome these, he/she may start degenerating into something but didn't give it a try.Apart from the origin, it gives a temporary mouth splint is not a cure or prevent bruxism from taking place at all. A clicking or popping when you open your mouth and make sure you place it just needs you to natural bruxism treatment available for TMJ.Controlling the pain is to focus on decreasing swelling and the jaw.
Stress management - Out of depression and insomnia.Pain medication does however suffer from bruxism at some point there was a trauma.Bad posture can have another injection to regulate bruxism but it is difficult to open, problems biting, and jaw area.Open and close your mouth and pretend you're chewing gum.They sometimes learn about the condition, its causes, its symptoms, and it takes a full diagnostic workup, including x-rays and an inferior or lower teeth from grinding against each of which may exist in both children and adults.
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HSV 400 discussions
Discuss the benefits and limitations of ethical codes for social workers.
unit 2.1
In reading the case study for unit 1, what are your thoughts concerning Dr. Martinson’s course of action? What might you have done if you were Dr. Martinson.
unit 2.1
In reading the case study for unit 2, what ethical responsibility does Peter have in this case? How would you deal with Eloise?
unit 2.2
How do you think your work as a counselor might have an impact on your personal life?
unit 3.1
What are some of the main challenges you expect to face in reaching diverse client populations?
unit 3.2
In reading the case study for unit 3, do you think the judge was too lenient in the case? How is this a good example of cross-cultural conflict? Would you have reported this case to Child Protective Services? Why or why not?
unit 4.1
In reading the case study for unit 3, do you think Joy took care of her professional responsibility or do you think this was a case of client abandonment? Be sure to explain your answer.
unit 4.2
What are your thoughts about counseling via the Internet? What specific ethical issues do you think need to be raised? How comfortable would you be in using this form of technology in your counseling practice?
unit 5.1
When clients have a history of criminal activity, in many circumstances counselors and therapists are bound to keep that history confidential. A client who reveals to a licensed psychologist that she robbed a liquor store last week, for example, probably has a right to have that information kept confidential unless she injured a child or an elder or otherwise acted in ways that come under the mandated reporting laws. How do you feel about keeping such information confidential?
unit 5.2
In reading the case study for unit 5, do you believe the therapist has a duty to notify the authorities? Why or why not? If she discloses the information, could this be considered a breach of confidentiality?
unit 6.1
In reading the case study for unit 5, how do you assess Dr. Kim’s behavior? Do you see any potential ethical issue?
unit 6.2
Some counselors take the position that counseling and friendship should not be mixed. The argument is that blending social relationships with professional ones simultaneously can negatively affect the therapy process, the friendship, or both. What are your ideas about this viewpoint?
unit 7.1 Discuss the difference between professional impairment and incompetence? In what ways do these concepts overlap?
7.2
What are your thoughts about the assumption that training programs need to be designed so that students can learn a good deal more about themselves as well as acquire theoretical knowledge?
unit 8.1
What if you worked in an agency that required you to formulate a diagnosis and treatment plan based upon your impressions at the time of the initial session, how would this influence your practice?
unit 8.2 Regarding the case study above, what diagnosis should Samual give Charlie and Amanda? Why? Do you think it is unethical or illegal for samuel to give Charlie or Amanda one diagnosis or another? How unethical is it that an insurance company, who has not yet met the client can determine whether they will have services paid for, or how many sessions they can have?
HSV 400 quiz 1
Question 1
1 out of 1 points
Correct
___________ is concerned with perspectives of right and proper conduct and involves an evaluation of actions on the basis of some broader cultural context or religious standard.
Question 2
1 out of 1 points
Correct
Robert runs into the office, unprepared and frustrated because he is late for his weekly appointment with his first client of the day. He is consistently late for his appointments and his behavior is:
Correct unprofessional.
Question 3
0 out of 1 points
Incorrect
James and Mary were in counseling for marital problems. The counselor decided to meet each partner in an individual session before meeting them as a couple. James confided that he was HIV-positive and was not going to tell his spouse because she would know that he had been unfaithful. The counselor decided to break confidentially after attempts to encourage James to inform his wife of his condition were unsuccessful. The counselor’s action:
Question 4
1 out of 1 points
Correct
Elizabeth, a beginning practitioner, counsels in a manner in which she merely acts in compliance with the law and follows minimal ethical standards. She is at the first level of ethical functioning, which is:
Question 5
0 out of 1 points
Incorrect
The basic purpose of professional codes of ethics is to:
Question 6
1 out of 1 points
Correct
A formal complaint was filed against Harry for sexually harassing a female client. A repeat offender, he was previously warned that a major sanction would be imposed if he continued his unethical actions. The ethics committee of the professional association to which he belongs recommended that Harry:
Question 7
1 out of 1 points
Correct
The counselor who asks the questions “Am I doing what is best for my client?” rather than “Is this situation unethical?” is functioning from which of the following ethical perspectives?
Question 8
0 out of 1 points
Incorrect
Virtuous professionals:
Question 9
0 out of 1 points
Incorrect
Richard is counseling a male Asian client and is encouraging him to go to college even though he is expected to take care of his aging parents. Richard is violating the following basic moral principle in making ethical decisions:
Question 10
0 out of 1 points
Incorrect
Jan, an incest survivor, is covered for six sessions by her insurance. Her counselor is in private practice and knows that Jan needs more sessions. She decides to offer Jan her services pro bono. In making the ethical decision to ensure that her client has equal access to services, the counselor is using the basic moral principal of:
Question 11
1 out of 1 points
Correct
Expulsion or suspension of members from professional associations:
Correct a and c
Question 12
0 out of 1 points
Incorrect
In an attempt to convince her young client to practice safe sex, Valerie fabricated her own statistics and facts about the hazards of unprotected sex. In this instance, Valerie violated the principle of:
Question 13
1 out of 1 points
Correct
Which of the following models of ethical decision making focuses primarily on the social aspects of decision making and redefines the process as being interactive rather than intrapsychic?
Question 14
0 out of 1 points
Incorrect
The authors have discovered that many of the issues relevant to beginning professionals
Question 15
1 out of 1 points
Correct
The authors state their positions throughout the text in order to
Question 16
1 out of 1 points
Correct
Why is it imperative for you to become familiar with the guiding principles of the ethics codes and accepted standards of practice of your profession?
Question 17
1 out of 1 points
Correct
Responsible practice requires that you
Question 18
1 out of 1 points
Correct
According to the text, which of the following would not be considered a professional mental health worker?
Question 19
0 out of 1 points
Incorrect
Which of the following statements is not true with regard to specialty guidelines?
Question 20
1 out of 1 points
Correct
Which of the following statements is true with regard to ethical codes?
Question 21
1 out of 1 points
Correct
When practitioners weigh multiple and often competing demands and goals, they must use
Question 22
1 out of 1 points
Correct
The major duties of regulating boards include which of the following?
Question 23
1 out of 1 points
Correct
When a complaint is lodged against a member of a professional organization, the ethics committee
Question 24
1 out of 1 points
Correct
When practitioners devote a portion of their professional time and skills to services for which there is no expectation of significant financial return, they are
Question 25
1 out of 1 points
Correct
Autonomy refers to
HSV 400 quiz 2
Question 1
0 out of 1 points
Rhonda is a counselor at a drug and alcohol treatment center. She grew up in an alcoholic home and is not fully aware of the “unfinished business” she has with her parents. She is still angry and resents her parents for having to grow up in an alcoholic family system. It is most likely that Rhonda will:
.
Question 2
1 out of 1 points
Correct
Ronald directs his clients toward solutions instead of encouraging them to seek alternatives for themselves. He is likely to have a strong need:
Question 3
1 out of 1 points
Correct
________________ is the process whereby clients place past feelings or attitudes they had toward significant people in their lives onto their therapist.
Question 4
0 out of 1 points
Termination of the therapy process:
Question 5
1 out of 1 points
Correct
Which of the following therapist behaviors might be indicative of a countertransference reaction?
Question 6
1 out of 1 points
Correct
Joanne finds herself wanting to solve her client’s problems which are similar to the issues her daughter is going through. Joanne gives advice and feels frustrated when her client won’t follow through on her suggestions. Her emotional reactions to her client, which involve her own projections is based on:
Question 7
1 out of 1 points
Correct
When counselors become overly concerned with meeting their own needs or pushing their own personal agendas, their behavior becomes:
Question 8
1 out of 1 points
Correct
Sexual or romantic feelings toward a client:
.
Question 9
1 out of 1 points
Correct
Deutsch and Farber found surprisingly similar results in their surveys of therapists’ perceptions of stressful client behavior. In both studies therapists reported that the following clients’ behavior was most stressful for them:
Question 10
0 out of 1 points
The responsibility for addressing the assessment, remediation, and prevention of counselor impairment lies with:
Question 11
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___________________and ___________________ are the hallmarks of being able to make a difference in the helping professions.
Question 12
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Researchers point out that there is _________________________relationship between a practitioner’s personal life and his or her professional behavior.
Question 13
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The authors state that in many ways, therapeutic encounters serve as mirrors in which therapists can see their own lives reflected. As a consequence,
Question 14
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Tanya seems to meet some of her personal needs through counseling her clients. This is
Question 15
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When we are unaware of our needs and personal dynamics,
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The NAADAC Code of Ethics (2008) states: “I shall not do for others what they can readily do for themselves but rather, facilitate and support the doing. Likewise, I shall not insist on doing what I perceive as good without reference to what the client perceives as good and necessary.” This statement speaks directly to the need for
Question 17
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Which of the following statements is true with regard to therapists experiencing personal problems and conflicts?
.
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Horses as Therapists? Buyer Beware!
The terms’ equine therapy’ and ‘therapeutic horse-riding’ seem to be everywhere these days, but what exactly do they mean, and what are you getting when you sign yourself or your child up?
Very simply, equine-therapy (more accurately called equine-assisted or equine-facilitated therapy) refers to the process of interacting with one or more horses, under the supervision of a human, with a view to improving various aspects of your life. The aim could be to build trust and confidence, help with communication, learn social and emotional skills, or explore teamwork. Depending on the modality used, you may or may not get on a horse.
In a Therapeutic Horse-riding session, getting on the horse is what makes the process work. In general, all horse-riding improves balance and coordination, core strength, fine and gross motor skills, spatial awareness, physical fitness and more. A skilled Therapeutic Horse-riding coach knows how to utilise the rhythm and warmth of the moving horse to create unique and powerful opportunities for learning. Genuine therapeutic horse-riding, delivered by an experienced and qualified coach, is a whole lot more than just a pony ride!
However, there are two serious questions to be asked before you commit yourself, a family member and your hard-earned cash to anything involving horses.
The first question has to be about the qualifications, experience and insurance of the person offering the service. There is no legislation to prevent anybody from calling themselves an equine-assisted therapy facilitator, or a therapeutic horse-riding coach and offering to provide, and charge for, those services.
And, just like a hairdresser who isn’t qualified can really mess up your hair, an unqualified person delivering anything labelled ‘therapy’ or ‘therapeutic’ that includes horses can seriously mess up your life.
For example, a qualified Therapeutic Horse-riding coach will have been trained to know that not every able-bodied person should be allowed on a horse. There are certain conditions that require a medical cert before an individual can ride safely. There are also certain behaviours that are not acceptable around horses. Unless the person offering Therapeutic Horse-riding has undergone specific training in what to ask, and what to look out for, before accepting a client, there is a real risk of injury to the rider, the horse or both.
Because horses have a way of reaching parts of our psyche other methods can’t touch, anybody offering equine-assisted ‘therapy’ need to be fully aware of their own limitations, how to recognise the boundaries that are not to be crossed, and how to ensure that the person coming to them for help does not leave in a worse state than they arrived.
The EAGALA model of equine-assisted work insists on there being two separately qualified professionals on every team. The Equine Specialist looks out for the physical and emotional well-being of the horses, and the Mental Health professional is there to support the client. EAGALA work is often offered as ‘Equine-assisted Psychotherapy’ or ‘Equine-assisted Counselling’ because the mental health person on that team is appropriately qualified and registered with a recognised national body.
The other major question you need to ask before getting a horse to help you with anything is ‘how is the horse doing?’
Even if a horse seems physically well – not underweight, feet and coat in good condition – the emotional and mental state of the animal must be considered. Horses continuously exposed to unpleasant situations they can’t escape from will eventually shut down. If you look into their eyes you will see a resignation and a lack of spark or life. The horse is going through the motions, but is dead inside.
Unfortunately, these are exactly the kind of horses most involved in both riding schools and therapeutic horse-riding. They’re called ‘bomb-proof’ – and they are – because they have given up trying to communicate to people who never listen that they’re in pain, not enjoying their work or otherwise uncomfortable with some aspect of life.
So, before you decide to put a little horse-power in your life, or the life of your child, make sure that both the person offering the services and the horses they work through are up to the job. In the right hands, (and hooves) the benefits of being with horses are profound and abundant.
www.horsesconnect.com
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Egan Bidois - Smash’in PUMPKINS !
Egan Bidois and his friends do mental health differently down in New Zealand. It seems there are no lengths world renowned mental health leader Egan Bidois won’t go to in order to be able to hold host and facilliate mental health workshops conference and events. Even if that means having to get out traditional Maori weapons in order to hack his way a giant pumpkin, to do just that. If that’s what needs to be done Egan will surely do it. As can clearly be seen by the picture below. Egan can be seen here below showing nothing more than pure dedication to both his people and also in bringing the awareness needed into mental health awareness week and where better to do it than in a giant pumpkin. If anything shows your not afraid to be mental during mental health awareness week. Sitting in public in a giant pumpkin goes a long way to proving just that. I personally feel respect has to be given here to the people inside the pumpkin although suffering from mental health difficulties they care not about the attitudes and stigmatising beliefs of those walking past the pumpkin thinking those inside of it are all mental. Isn’t that a lot of what mental health awareness is about? It’s a case of HEY here we are here. Sitting in a giant pumpkin and we don’t care what anybody else thinks. We are just doing what we enjoy same as all the rest of you. You guys might choose to go to Costa’s for a coffee we don’t judge you. So don’t judge us for sitting having coffee in a pumpkin. There’s nothing wrong with that. Is anybody harming anybody. No We’re just a collection of people who chose to have coffee in a pumpkin rather have coffee in Costa’s. We’re all here showing that people with mental health difficulties can come out into society. We are all the same as you we are allowed to make choices and we choose to drink and dine in a pumpkin. I personally feel this is something which could catch on and could be promoted. I know for sure if there was a giant pumpkin down my street i’d without doubt definitely go and sit in it. I’d think nothing of it. Why should i? I feel there could really be something extremely therapeutic in doing so. If other people wanted to think i was mad for having coffee in a giant pumpkin of a Saturday morning then i’d just let them. What they would think would be none of my business. as i would just be a bloke who had chosen to have coffee in a pumpkin. The same as they may be guys who chose to go down the bookies or to go to Costa’s. Macdonald’s or even the hairdressers. Yes i think there should be an international introduction of mental health awareness pumpkins. Where people with or without mental health difficulties could gather and show there support for mental health awareness. It would be a great place for service users and like minded professionals to gather and chat about how crazy and mental all these people who choose to go to the bookies and costa’s actually look. Those are my thoughts personally. This blog was Inspired by all this and by my watching the sheer genius work of Egan hacking into a pumpkin in order to create awareness for mental health. What can i say other than
FANTASTIC !
The picture was taken just prior to Egan and co hacking their way into and cleaning out this gigantic pumpkin. He does all of this so that he and his peeps an peers could do lunch and chat together about mental health and where better to do that than in a
GIANT PUMPKIN !
Yeah that’s right. In a GIANT PUMPKIN !
RESPECT !
Egan is the big handsome mad Maori in the black shirt (left) I don’t know who the other handsome mad Maori’s are.
Thanks to Egan and his friends Whanganui got to celebrate Mental Health Awareness Week successfully.
A film of Egan Bidois and his magic pumpkin (sounds like a new children’s book) can he seen at the bottom of this page. Whanganui relished the "nature is key" theme given to this year's Mental Health Awareness Week with a range of activities getting people outdoors and talking.
The national campaign has run from Monday, October 9 to Sunday, October 15 to spread awareness about mental wellbeing.
Pathways Whanganui held its annual spring fling event down at Kowhai Park on Thursday.
Organiser of the event, Christine Taylor, said a lot of the people who were there didn't have much in life and it was an opportunity for shared company and to enjoy the outdoors.
"We have been praying that the weather will give us some sunshine and it finally has which is great."
The group of about 30 embraced the day with a Simon says game using the traditional Maori weapon taiaha.
After a healthy lunch at the Kowhai Park pumpkin they got together for a river clean up.
"It's important we look after the environment and the theme Nature is Key really aligns with what we preach at Pathways ... connecting with nature spiritually and mentally," Ms Taylor said.
A collaborative art exhibition, run by Removing Barriers Whanganui, is being held on Victoria Avenue, titled 5ive Ways To Wellbeing.
Organiser Stormie Hunter-Rogan from Nga Tai O Te Awa said people expressed themselves through art and it was a great way to explore wellbeing.
Karen from Removing Barriers holds a free art class every Wednesday and their works were displayed at the exhibition.
"The art actually keeps people alive ... people used to live week to week looking forward to counselling now they look forward to their art class.
"We had one new fellow who has become totally engrossed in it and will be there for six hours and all his worries go away. It gives them confidence and skills," Karen said.
People visiting the exhibition were invited to craft worry dolls or paint a patch on the "5ive ways to wellbeing" wall that will be held in a community space once complete.
The exhibition will continue into next week until October 22 - entry is free, and all artworks are for sale unless otherwise specified. To see film of mental health awareness week see link here below.
https://www.facebook.com/barrie.mcvicar/posts/2168395113404055 Blog created by Barrie Macvicar POSITIVE ABOUT PAIN & MENTAL HEALTH SUPPORT GROUP
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OED Launches Diversion Program As Alternative To Traditional Attorney Discipline
In a welcome response to the growing epidemic of drug and alcohol abuse among members of the legal profession, the Office of Enrollment and Discipline (OED) of the USPTO announced today it has initiated a new disciplinary diversion program that focuses on treatment rather than punishment. The OED’s Diversion Program, which will initially begin as a two-year “pilot program,” aligns the USPTO with more than 30 state attorney discipline systems that presently offer alternative tracks to formal attorney discipline for minor ethics offenses that arise from addiction or mental health-related issues.
The OED’s program, which has been in the works for some time, comes at a critical time period in the legal profession. Disciplinary counsel across the United States have increasingly come to recognize that the profession has a serious problem with drug and alcohol abuse. As we previously reported in our posts here (Feb. 8, 2016), here (July 12, 2016), and here (Feb. 9, 2017), lawyers suffer from alcoholism and drug addiction at a rate that is grossly disproportionate to the rates of addiction in other professions and in the general population.
Several years ago, the ABA’s Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation commissioned a study of 15,000 attorneys across 19 states. Their research found that between 21% and 36% of lawyers drink at levels consistent with an alcohol use disorder. For comparison, those numbers are roughly 3-5 times higher than the government estimates for alcohol use disorders in the general population. A report summarizing the research was published in the Journal of Addiction Medicine in February 2016 (here). The ABA-Hazelden report stated: “Compared with other populations, we find the significantly higher prevalence of problematic alcohol use among attorneys to be compelling and suggestive of the need for tailored, profession-informed services.”
And it is not just alcohol that is the problem. Earlier this week, President Trump declared the opioid crisis to be a national public health emergency. Some reports have referred to the opioid epidemic as “the most widespread and deadly drug crisis in the nation’s history.”
The Purpose of Diversion
Traditional attorney discipline rules and procedures generally focus on protecting the public by, in effect, punishing the lawyer. Traditional means of discipline typically involve a license suspension, reprimand, or other form of public discipline. However, drug or alcohol abuse, or other mental health issue, sometimes plays a significant role in cases involving violation of the rules of professional conduct.
The idea behind diversion is to treat the root cause by taking the practitioner out of the realm of the disciplinary system. It is hoped that by focusing on getting practitioners the proper medical care and treatment, both the public and the bar will benefit. USPTO Acting Director Joseph Matal echoed these interests in a press release issued today:
We’re hopeful that this pilot program will align our agency with best practices established in other states while allowing practitioners a fair chance to rectify previous misconduct and allow them to move forward in a productive manner.
The OED’s Diversion Program is modeled after relevant provisions of the American Bar Association’s Model Rules for Lawyer Disciplinary Enforcement (Model Rules), in particular, Model Rules 9 and 10. The general parameters of the Diversion Program are published here.
The following provides some basic information about the OED’s Diversion Pilot Program.
Is diversion just limited to those who abuse drugs or alcohol?
No, although that is certainly one part of it. The diversion program is available to practitioners whose physical, mental, or emotional health issues (e.g., issues tied to substance/alcohol abuse) or law practice management issues (e.g., inadequate client communication or docket management) resulted in minor misconduct and little, if any, harm to a client.
Who qualifies for OED diversion?
Not all practitioners will qualify. Diversion only is available for practitioners who engaged in “lesser misconduct.” While not a defined term, per ABA Model Rule 9, “lesser misconduct” generally means misconduct that would not warrant a sanction restricting the practitioner’s license to practice law—i.e. a suspension or exclusion.
In addition, to qualify for diversion, the practitioner’s misconduct at issue must not have:
(1) involved the misappropriation of funds;
(2) resulted in substantial prejudice to a client or other person;
(3) be of the same nature as misconduct for which the practitioner has been disciplined within the last five years;
(4) involved dishonesty, deceit, fraud or misrepresentation by the practitioner; or
(5) constituted a “serious crime” as that term is defined in 37 C.F.R. § 11.1 (essentially any felony or a lesser crime that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects).
Thus, for example, an attorney who stole client trust funds to fund a drug habit would not be eligible. On the other hand, a practitioner who was convicted of misdemeanor possession could qualify assuming none of the other exceptions applied.
If I qualify, will I automatically be offered diversion?
The answer is definitely maybe. It is anticipated or hoped by OED Director William Covey that qualifying individuals will be able to take the diversion path. Nevertheless, the OED Director has discretion to consider the following criteria in determining whether a practitioner who engaged in minor misconduct and who otherwise qualifies will still be offered the opportunity for diversion:
(1) whether the sanction is likely to be no more severe than a reprimand;
(2) whether diversion was already attempted and failed;
(3) whether participation could benefit the practitioner and accomplish the goals of the program; and
(4) the existence or absence of aggravating factors (such as practitioner’s lack of remorse, failure to recognize wrongdoing, and failure to cooperate with the OED) or mitigating factors (such as lack of experience in the practice of law, offers to make restitution, and cooperative attitude with the OED).
The decision to offer diversion will be made on a case-by-case basis, and the burden will be on the practitioner seeking diversion to demonstrate to the OED Director’s satisfaction that the practitioner qualifies and that diversion is appropriate in light of the above-referenced criteria.
If I am accepted into diversion, how does that work?
Assuming the practitioner qualifies and the OED Director has agreed to offer diversion in lieu of discipline, the OED Director and the practitioner shall negotiate a contract, the terms of which shall be tailored to the individual circumstances of the practitioner and the misconduct alleged. In each case, the contract shall be signed by the practitioner and the OED Director.
Generally speaking, the contract will call for the lawyer to participate for a period of time in some type of formal program. Such programs may include law office management assistance, state bar sponsored substance and mental health initiatives (such as the Virginia State Bar’s “Lawyers Helping Lawyers” program), psychological counseling, continuing legal education programs, and professional responsibility classes. Depending upon the type of misconduct and the needs of the practitioner and public, an appropriate diversion program might also include a practice monitor. It is anticipated that the diversion contract will also require some type of periodic reporting, either by the practitioner or a third party (or both).
What happens if I breach my diversion contract?
It depends. The contract itself should define what happens if the terms are breached by the practitioner. It is anticipated that in the event a breach occurs, the practitioner could be subject to the usual attorney ethics investigation and disciplinary process for the conduct that resulted in the breach of the contract. However, as the present program is presently envisioned, the practitioner will not be subject to discipline for his or her original misconduct (that is, the conduct that led to the practitioner’s entry into the diversion program in the first place).
Am I required to enter into diversion?
No. Practitioners are not required to seek diversion. Unless a qualifying practitioner requests consideration for entry into a diversion program, the matter will be handled just as though no offer of referral was extended. This means that the normal investigatory procedures may be followed. Furthermore, at the end of the usual investigation not involving diversion, the OED Director will continue to retain the discretion to dismiss the matter, issue a non-disciplinary warning, refer the practitioner for formal ethics charges, or enter into a settlement agreement with the practitioner.
Will the public learn about my diversion?
No. Many practitioners who face discipline are concerned about what information will be disclosed to the public (including clients and competitors) concerning their situation. Investigations by the Office of Enrollment and Discipline are confidential, and even the existence or non-existence of an ethics investigation is protected by The Privacy Act.
For practitioners who enter into disciplinary diversion agreements, the OED will not publish the contract or provide notice to the public that the practitioner is party to a diversion contract.
Must I self-report my USPTO diversion to my state bar?
Every state has its own rules dictating when a member of that state’s bar must self-report their misconduct. For example, state bars normally require practitioners to self-report when they have been the subject of “public” ethical discipline by another jurisdiction. A practitioner’s acceptance into the OED’s Diversion Program is neither public nor discipline.
Entry into the OED Program does not necessarily mean that the practitioner is absolved of all self-reporting obligations. For example, many states require their members to self-report if they are convicted of a crime. A practitioner who receives a disciplinary diversion from the USPTO based upon, for example, a drunk driving conviction might be required to report their conviction to their state bar even if they are not required to report the non-disciplinary diversion by the USPTO. Thus, practitioners must continue to be mindful of their own state bar’s self-reporting requirements to determine whether self-reporting of their misconduct is required.
Will I need to report entry into the USPTO diversion program to my malpractice carrier?
That would be highly unlikely. Most malpractice carriers require practitioners to report instances where they have been publicly disciplined. Again, the OED Diversion Program is neither public nor discipline. Nevertheless, the underlying conduct that led to the disciplinary diversion may need to be reported to the practitioner’s insurance carrier. Practitioners should therefore be mindful of the terms of their malpractice insurance so that they may determine if reporting to their carrier is warranted.
Conclusion
Diversion programs provide disciplinary counsel with an alternative mechanism for protecting the public without unnecessarily punishing an attorney whose chief issue is alcohol, substance abuse, or other qualifying types of behavior. The USPTO should be applauded for recognizing the need for this alternative to discipline.
from McCabe IP Ethics Law http://www.ipethicslaw.com/oed-launches-diversion-program-as-alternative-to-traditional-attorney-discipline/
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