Mental Disability Law Certificate

Expand your skill set, elevate your practice and distinguish yourself as a specialized professional. With applications in both criminal and civil law, the Mental Disability Law certificate is ideal for social workers, counselors, and psychologists and any behavioral health professional seeking a firmer legal foundation for their work. The certificate program spans 80 hours of CE-earning content across 4 programs.
What You Can Expect
Through the coursework you will gain expertise in the application of mental disability law in a variety of contexts such as:
- Juvenile and Family Court Issues
- Psychological Assessment
- Risk Assessment
- Civil Capacities
Presented By

Michael Perlin JD

Heather Ellis Cucolo JD
Michael L. Perlin is Professor of Law Emeritus at New York Law School (NYLS), founding director of NYLS’s Online Mental Disability Law Program, and founding director of NYLS’s International Mental Disability Law Reform Project in its Justice Action Center. He is also the co-founder of Mental Disability Law and Policy Associates. He has written 31 books and nearly 300 articles on all aspects of mental disability law, many of which deal with the overlap between mental disability law and criminal law and procedure. His most recent books are MENTAL DISABILITY AND THE DEATH PENALTY: THE SHAME OF THE STATES (Rowman & Littlefield, 2013), A PRESCRIPTION FOR DIGNITY: RETHINKING CRIMINAL JUSTICE AND MENTAL DISABILITY LAW (Ashgate, 2013), SEXUALITY, DISABILITY AND THE LAW: BEYOND THE LAST FRONTIER? (with Alison J. Lynch, Esq.) (Palgrave MacMillan, 2016), and Shaming the Constitution: The Detrimental Results of Sexual Violent Predator Legislation (with Prof. Cucolo) (Temple University Press 2017). The third edition of his multi-volume treatise, MENTAL DISABILITY LAW: CIVIL AND CRIMINAL (Lexis-Nexis Press), 1998-2002), universally seen as the standard text in the area, was published in 2016 (this edition co-authored with Prof. Cucolo), and is updated yearly. The third edition of his casebook, Mental Disability Law: Cases and Materials (Carolina Academic Press) (co-authored with Ms. Lynch and Prof. Cucolo, was published earlier in 2017. An earlier book, THE JURISPRUDENCE OF THE INSANITY DEFENSE (Carolina Academic Press, 1995), won the Manfred Guttmacher award of the American Psychiatric Association and the American Academy of Psychiatry and Law as the best book published that year. He has been named an Honorary Lifetime President of the new International Society for Therapeutic Jurisprudence. Before becoming a professor, Perlin was the Deputy Public Defender in charge of the Mercer County Trial Region in New Jersey and, for eight years, was the director of the Division of Mental Health Advocacy in the NJ Department of the Public Advocate. He has represented thousands of persons with mental disabilities in individual and class actions and has represented criminal defendants at every level, from police court to the US Supreme Court (second-seating Strickland v. Washington and representing amicus in Ake v. Oklahoma and Colorado v. Connelly). He directed the online mental disability law program at New York Law School from 2000 to 2014 and, through that program, offered 13 courses to lawyers, mental health professionals, and disability advocates. Through this program, he has also taught mental disability law courses in Japan, Nicaragua, Finland, Israel, Australia, Taiwan, New Zealand, Hong Kong, and Sweden. He has done extensive work in China with the American Bar Association’s Rule of Law—Asia office where he has conducted “Training of Trainers” workshops in Xi’an, China, to teach experienced death penalty defense lawyers how to train inexperienced lawyers, employing the online distance learning methodologies used in the NYLS online program. He has also done advocacy work on behalf of persons with disabilities on every continent. In the fall semester of 2012, he served as a Fulbright Senior Specialist, teaching and consulting at the Islamic University of Jogjakarta, Indonesia. Four years earlier, also as part of the Fulbright designation, he taught in the Global Law Program at Haifa. Last year, he was elected to be co-chair of the Disability Rights Interest Group of the American.
Heather Ellis Cucolo is a Distinguished Adjunct professor of law and the facilitator of the joint JD/MA program with John Jay College of Criminal Justice, at New York Law School (NYLS). She is also an adjunct professor in the JM Program at Emory University School of Law, and a Fellowship faculty member at Albert Einstein College of Medicine. In addition to those roles, Professor Cucolo is co-owner of Mental Disability Law and Policy Associates, a legal education and professional training company, and was elected to the board of trustees for the International Society of Therapeutic Jurisprudence, a non-profit organization. Formerly, in her full-time legal practice, Professor Cucolo dedicated her career to representing individuals at trial facing civil commitment under both the New Jersey Mental Hygiene Law and New Jersey’s Sexually Violent Predators Act. She authored and argued appeals before the New Jersey Appellate Division with over 27 reported decisions. She has published four textbooks and over 21 law review articles with mentions in an Eastern District of New York court decision and an Iowa appellate decision. She was honored to receive the Otto L. Walter Distinguished Writing Award for two consecutive years in 2018 and 2019. Professor Cucolo’s international work has included: expert testimony on extradition from the United Kingdom to the United States for persons convicted of a sex offense; pro bono advocacy for LawAid International; speaking at the United Nations on the rights of persons with disabilities in the Asia-Pacific region; and the creation of an instructional course on disability legislation for attorneys in Japan.
Mental Disability Law Certificate
You Will Learn To:
1
Describe the relationship between mental illness, dangerous behavior, and the police power
2
Describe the perceived and actual relationship between mental disorders and violence
3
Describe how violence is assessed clinically and actuarially (structured and unstructured)
4
Describe how experts and attorneys interact at all stages of the criminal prosecution (pretrial, at trial, and post-trial)
5
Describe aspects of the criminal incompetency status, including competency to stand trial, competency to waive counsel, competency to plead guilty, and “other” competencies (pre-trial, at trial, and post-trial)
6
Describe all issues related to the refusal of medication in cases involving forensic patients
7
Describe the treatment of trauma-related disabilities in civil and criminal courts
8
Describe the role of trauma in the legal treatment of people with mental disabilities
9
Describe the relationship between trauma and disability subordination
10
Describe issues related to juvenile commitments to psychiatric institutions
11
Describe issues related to the criminal trials of juveniles with mental disabilities
12
Describe issues related to questions of competency and waiver in juveniles with mental disabilities
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