polyvagal theory in the courtroom and beyond theory... · polyvagal theory offers an alternative...

6/2/2020

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©Transitioning Families – Authorized Use Only

POLYVAGAL IN THE COURTROOM AND

BEYOND

June 2, 2020


GOALS FOR TODAY

Apply basic principles of Polyvagal Theory to court involved cases

Identify variables that impact Autonomic nervous system and court effectiveness

Provide tools for interactions to improveoverall outcomes


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PRESENTERS: DR. DAVIS AND DR. BAILEY,CO-DIRECTORS OF TRANSITIONING FAMILIES

Experience:• Clinical experience • Animal therapy expert• Equine-assisted growth and

learning programs

For Families referred by Family Court:• Clinical services• Forensic services

Specialties:• High conflict divorce• Experiences of extreme trauma

Experience:• Custody evaluator• Parenting coordinator• Special master• Co-parenting therapist• Reunification therapist

For Families referred by Family Court:• Clinical services• Forensic services

Specialties:• Expert testimony on child

custody related issues

Dr. Davis Dr. Bailey


CO–AUTHORS: ELIZABETH BAILEY, RN, LMFTAND DEB DANA, LCSW

Experience:• Registered nurse• Clinician,• Consultant,• Lecturer

Specialties:• Using Polyvagal Theory to understand

and resolve the impact of trauma • Understanding the autonomic

nervous system as we move through states of protection and connection in an ongoing quest for safety.

Experience:• Registered nurse• Board certified in psychiatric and mental health

care • 11 years at UCLA's Resnick Neuropsychiatric

Hospital (medical/psych unit).

Currently:• Licensed Marriage and Family Therapist. Co-authored:• Safe Kids, Smart Parents book• Two published research articles • Several book chapters

Elizabeth Bailey, RN, LMFT Deb Dana, LCSW


INTRODUCTION:WHAT WE DO

•Reintegration/Reconnection therapy for:

•Familial and non-familial abduction cases

•Complex family law cases

•Forensic mental health evaluations

•Consultation to judges, attorneys and MHPs

•Trainings for law enforcement, family law and MHPs

•Polyvagal informed researchTransitioning Families Team


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“The fittest may also be the gentlest because survival often requires help and cooperation”

-Dotzhanzky , TC (1962)


WHY POLYVAGAL AND ANIMALS?

Polyvagal informed principles apply to all mammals

•Animals:•Respond to subtle changes in communication patterns

•Provide a calming presence for client’s with strong emotions and memories, when appropriate

•Horses:•Teach us how to be alert yet relaxed•Have strong but gentle boundaries•Are highly attuned to sound and smell as safety indicators


EXAMPLES OF INCREASING UNDERSTANDINGOF ANIMALS IN THE JUSTICE SYSTEM

Children’s advocacy programs

Court room dog programs

Animal-assisted therapy in prisons

Link between animal and human abuse


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A SNAPSHOT OF HOW WE WORK


Like humans, horses function and thrive when connectedto other herd members

To remove a bonded horse from another horse causes distress and visible anxiety


CONNECTIONS


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RESILIENCY AND OPTIMUM HEALTH

The ability to flexibly respond to challenges rather than reacting and remaining in a survival state, promotes:

• Health• Growth• Restoration

In a stuck or activated state we can not process adequately!


TRANSITIONING FAMILIES: GRIEF WHEEL

The Magnifiers of Grief:• Chaos

• Confusion

• Fight or Flight

• Dysregulation

• Misunderstandings

• Internal Distress

• Lack of Defined Leadership


THE ANS HAS A ROLE IN INFLUENCING THOUGHTS, FEELINGS, BEHAVIORS AND BELIEFS

The standard understanding of the Autonomic Nervous System (ANS): • Two branches Sympathetic and Parasympathetic

Polyvagal theory offers an alternative understanding of the ANS :

Parasympathetic has two divisions:1. Creates social engagement and connection2. Activates collapse and disconnection


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Starts at base of skull and winds to the abdomen, connects to larynx, heart, lungs, digestive organs.

Parasympathetic nervous system is a cranial nerve system with Vagus nerve as primary component.

Sympathetic nervous system functions to increase blood flow throughout the body to support movement.


Autonomic Nervous System (ANS)

Dorsal VagusVentral Vagus

Parasympathetic Nervous SystemSympathetic Nervous System

POLYVAGAL THEORY EMPHASIS


THOUGHTS AND FEELINGS ARE SHAPEDBY THE AUTONOMIC NERVOUS SYSTEMWe first feel it THEN we explain the visceral feeling to ourselves based on past experience, other’s interpretations, and our internal level of comfort (PVT View).

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THE ANS IS SHAPED AND REGULATEDTHROUGH INTERACTION WITH OTHERS

ANSSenses

EnvironmentalStimuli

Feedback Loop

Past Experiences


PHYSIOLOGICAL STATES

Ventral Vagal Sympathetic Dorsal Vagal©Transitioning Families – Authorized Use Only

NEUROCEPTION;SAFE OR NOT SAFE?


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POLYVAGAL INFORMED AWARENESS

Human beings respond and react from a felt sense of

safety

Promoting a sense of safety and

security takes timeand support

Connection and collaboration

requires mutual respect and trustfrom all parties

Clear and consistent messaging

supports family and children’s

ability to regulate


POLY VAGAL INFORMED PREMISES

Nervous system drives the narrative

Identifying internal state

supports regulation and co-regulation

Without self-regulation

impossible to access higher level thinking

abilities

Co-regulation can assist self undrstanding


FAMILY LAW CASES

• Chaos and confusion

• Pathologizing, polarization and blaming

• Distortions

• Heightened emotions:

• Helplessness

• Hopelessness

• Fear

• Ambiguity

• Frustration

• Disconnection©Transitioning Families – Authorized Use Only

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SO WHAT ABOUT THE PROFESSIONALS?

• If we want families to feel safe with us, we have to feel safe with each other

• To be safe, the ANS must stay out of defense

• Requires self-regulation


CONTRIBUTORS TO CHAOS

• Fear of being on the “front page”• Board complaints

• Fighting factions• The internet• Uninformed opinions

• “Ghost” consultants• Dysregulated• Well meaning myopic focuses


MORE OF WHAT WE SEE WITH COURT INVOLVED PROFESSIONALS

• Apathy

• Lethargy

• Agenda driven

• Mistrust

• Ill-informed and biased speculation

• Strong opinions

• Assuming the role of hero/heroine

• Splitting

• Unclear role definitions©Transitioning Families – Authorized Use Only

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MORE OF WHAT WE SEE FROM EVERYONE

• Everyone “on edge”

• Emotional hypersensitivity

• Hyper vigilance

• Emotional pain

• Anxiety

• Confusion

• Frightened

• Paranoia

• Seeking:

• Hero

• Simple solution

• Predictability

• Resolution©Transitioning Families – Authorized Use Only



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THIS IS HOW WE OFTEN FEEL

WHEN WORKING WITH THESE

CASES


“CREATING PROTECTED SPACES”


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TEAM MEMBERGUIDING PRINCIPLES & ESSENTIALS

What? How? Why?

Intake:Multiple hypotheses and careful screening Non-defensive Reparative experience

Transparency: Clear treatment goals and long-term plan Adaptability Self-regulation and co-regulation

Teamwork: Include multiple family members Kindness Decrease stress and increase safety

Awareness: Family members have individual needs Collaboration Experiential modalities

Respect: Each family’s treatment can vary Resiliency Inclusive


PRACTICAL INGREDIENTS

Clear court orders

Court orders (including forensic mental health evaluations) that include detailed treatment protocols

If possible, same professionals (including judge) stay on case for as long as possible

Ethical and ‘boundaried’ forensic mental health consultants


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TIPS• Work as a team

• Consultation and team meetings

• Multiple hypothesis

• Establish and maintain checks and balances for ethical and/or legal conundrums or dilemmas

• Identify internal state for regulation and co- regulation

• Simply put, be part of the solution - don’t add to the problem


•Work is really hard

•Self-care requires debriefing

•3 steps forward, 5 steps back

•Multiple interventions

•Not everyone likes us

•Stop if its no fun

GIVENS


TOOLS

• Regulation and co-regulation

• Facial expressions

• Prosodic tone

• Respect

• Curiosity

• Compassion

• Communication


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WHAT CAN WE DO TO HELP?



GET OUTSIDE AND BREATH


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PLAY

PLAY AND THE ART OF HUMOR


FACTORS THAT IMPACT THE WORK OF ATTORNEYS AND THERAPISTS

Vicarious trauma-distress

Work related burnout-

Hero complex

Villain complex

Dorsal Vagalshutdown

Symaptheticoverarousal

Health issues

Confirmatory bias

Status quo bias


SOLUTIONS FOR COURT INVOLVED PROFESSIONALS

Consider yourself a

frontline worker

Develop support systems:

personal and professional

Continuededucation

Have a reflective practice

Create protected

spaces

Practice gratitude

Collaborate with alternate perspectives


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WHAT ELSE CAN WE DO?

AFCC Family court review (April 2020)Read

Conscious - fake news is real Be

Assumptions about othersWatch

Your own stress and ANSManage

BullyDon’t

Growing as a professional Continue

The work-up a bit Mix


Based on our work with judges, attorneys, and MHPs from around the globe, we are finding that Polyvagal theory increases self-awareness.

With the National Council of Juvenile and Family Court Judges, we are beginning research to further understand the application for the wellbeing of judges and other court involved professionals.

RESEARCH


BOOKS

Stephen Porges Deb Dana


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MORE BOOKS

Out of your HeadAnd into your Heart

Rebecca Bailey, PhD

Coming Soon


CONTACT INFORMATION

Rebecca Bailey Transitioning FamiliesPhone: 707-338-1653

[email protected]

Frank Davis Transitioning FamiliesPhone: 707-338-1653

[email protected]

Alicia:[email protected]


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polyvagal theory in the courtroom and beyond theory... · polyvagal theory offers an alternative...

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