Rowman & Littlefield Publishers
Pages: 256
•
Trim: 6 x 8¾
978-1-5381-2985-2 • Hardback • March 2020 • $88.00 • (£68.00)
978-1-5381-2986-9 • Paperback • February 2020 • $44.00 • (£35.00)
978-1-5381-2987-6 • eBook • March 2020 • $41.50 • (£35.00)
Susan Benjamin Feingold, PsyD, is a licensed psychologist, perinatal legal advocate, and author. She is a co-recipient of the 2018 Maternal Mental Health Innovation Award in Policy and Advocacy and a member of the Postpartum Support International Advisory Council (PSI-AC). She has been a specialist for more than twenty-six years in women’s mental health issues related to reproductive function: perinatal depression and anxiety disorders, infertility, pregnancy loss, and relationship issues. She is a nationally recognized expert in the field of pregnancy and postpartum mental health and author of Happy Endings, New Beginnings: Navigating Postpartum Disorders (2013). Feingold has offices located in Skokie and Chicago, Illinois. You can read more about Feingold at www.drsusanbfeingold.com. Barry Michael Lewis, JD, is an attorney at law, a perinatal legal advocate, and an author. He is a co-recipient of the 2018 Maternal Mental Health Innovation Award in Policy and Advocacy. His published work includes an article titled “A New Model Law Offers Hope: Postpartum Disorders and the Law” in the Champion, the magazine of the National Association of Criminal Defense Lawyers. He has worked for more than forty years in the field of criminal law as a litigation attorney in private practice. He is also past chair of the Chicago Bar Association Lawyer Referral Committee, award winner from Chicago Volunteer Legal Services, and a continuing legal education lecturer. He has offices located in Chicago, Illinois. You can find out more about Lewis and his work at www.BarryLewisLaw.com
Preface
Prologue
Introduction
Disclaimer
PART I: UNDERSTANDING AND TREATING WOMEN WITH POSTPARTUM PSYCHOSIS
1 Maternal Mental Illness Is a Serious Risk to Families
2 Silence and Stigma: A Deadly Combination for Postpartum Psychosis
3 Legal Implications of Postpartum Illness in the Criminal Justice System
4 Laws of Neonaticide and Infanticide in Countries outside the US
PART II: ADVOCATING FOR WOMEN WITH POSTPARTUM PSYCHOSIS
5 The Road to Public Act 100-0574: Illinois’s New Ground-Breaking Postpartum Law
6 A Tale of Two Women
7 Recognition of Postpartum Mental Illness within the Medical and Legal Community
8 The Origins of the Case against Recognition of Postpartum Mental Illness
9 The Steps for Professionals to Advocate and Enact Legal Change
10 How to Partner with Like-Minded Advocates and Influential Organizations
11 Networking and Support for Postpartum Psychosis: Help from Our Friends
12 Working with Local Issues and State and Federal Laws for Change
13 Expert Witness Training and Educating Attorneys and Judges
14 Maternal and Infant Mortality Linked to Postpartum Illness
Epilogue: Legal Advocacy and Changing Postpartum Laws
Appendixes
Index
About the Authors
Feingold and Lewis have created a unique and comprehensive book through exhaustive research and insight. By exposing past mistakes in perinatal psychiatry they provide the foundation for their legal success. A deep and moving triumphant contribution to our movement.— Jane I. Honikman, founder, Postpartum Support International
Feingold and Lewis’ writing strongly illuminate the need for the United States judicial system to change laws to postpartum legal cases. It is high time to bring MERCY and JUSTICE for those women who suffer from postpartum psychosis. By developing laws that specifically deal with postpartum illness, the U.S. legal system can join the 37 other countries which have criminal law which reflects judicial fairness; educated, advanced, case sensitive judiciary processes for mothers affected by postpartum illness.— Catherine Hunter, LCSW, CADC, PMH-C, Catherine Hunter & Associates, Ltd.
Smartly written and insightful, Feingold and Lewis offer a comprehensive and absorbing guide on both the history of postpartum mental illnesses and the law. They provide a clear roadmap to becoming an advocate for women navigating the legal system. They educate the reader on the complexities of incarceration and maternal mental illness through sensitively told personal stories and case examples. — Linda Klempner, chair, Postpartum Support International-Advisory Council
Susan and Barry are the dynamic duo for incarcerated postpartum women in Illinois. This book outlines their expertise and experience around the tragic intersection of the law with postpartum mental illness and provides a guide for making change wherever it is needed. A compassionate, fascinating and necessary read!— Lita Simanis, coordinator, Pregnancy and Postpartum Mood & Anxiety Disorder Program, AMITA Health
I am a PPD survivor and don’t really regret my experience because of the opportunity to meet such wonderful maternal mental health advocates as Susan Feingold and Barry Lewis whose dedication to preventing tragic outcomes is inspirational. Their revolutionary work on laws governing maternal mental health are detailed in Advocating for Women with Postpartum Mental Illness: A Guide to Changing the Law and the National Climate. All individuals who care for expectant and new mothers—whether it be OB/GYNs and their staff, general practitioners and their staff, hospital staff, midwives, doulas, lactation consultants, therapists, social workers, and a new mother’s family members and friends—should read this book! Public awareness is critical in decreasing stigma of postpartum mood disorders.— Ivy Shih Leung, author, One Mom’s Journey to Motherhood
Finally a book that sets the record straight about the need to change laws that punish women for psychotic illnesses beyond their control. Dr. Feingold and attorney Barry Lewis have skillfully crafted a text that clearly makes the case for why the criminal justice system needs to reform sentencing guidelines. This work belongs on the bookshelf of every attorney, medical and mental health professional who works in this field.— Diana Barnes, editor and contributing author, Women’s Reproductive Mental Health Across the Lifespan
A tremendously important work on a topic that has been grossly misunderstood, stigmatized and marginalized, creating immeasurable suffering for affected women and families. Feingold and Lewis are a dynamic duo, bringing together mental health and legal expertise on postpartum psychosis and drawing from case studies, first-person advocacy experience and a thorough review of the scientific literature and applicable legislation, creating a roadmap for those wishing to increase their understanding and join the revolution for change in how postpartum illness is viewed and managed from medical, legal and societal perspectives. — Jo Kim, director, Perinatal Depression Program, NorthShore University HealthSystem
Susan Feingold and Barry Lewis have written an educational and inspirational account of their path to passing a revolutionary law in Illinois. Read this book and expand your knowledge of perinatal mental health and the history of law in cases of infanticide/filicide. Susan and Barry were extremely instrumental in the passing of a new law affecting such cases in Illinois and this book will do nothing short of expand this ability nationwide. — Kristina Dulaney, co-founder, Appalachian Perinatal Mental Health Alliance; founder, Cherished Mom
This isn't just a book, it's an outline and a clear path out of our archaic laws and unjust treatment of perinatal women. Dr. Feingold and Attorney Lewis use their expertise, hard work and compassion in this groundbreaking work that will bring us into a new age of advocacy for mental health. Readers will see that the importance of this work cannot be overstated and they will also have the road map to move forward. This book is essential.— Katayune Kaeni, Mom & Mind Podcast
Advocating for Women with Postpartum Mental Illness is a comprehensive and eloquent review of this subject that I believe we’ve long needed. Susan and Barry have created a compelling book that is instantly a standard of reference. I have enormous respect for both their writing, and for what they are accomplishing legislatively. — Carl S. Burak, co-Author of The Cradle Will Fall
A profound and essential book leading to transformation in establishing postpartum legislation in the United States, every step of the way… Susan Feingold and Barry Lewis’s masterpiece is a call to action and a must read for maternal mental health professionals, advocates, lawyers, judges, jury members, social workers, police officers, forensic experts, psychologists, and psychiatrists. These trailblazers detail their journey moving the Postpartum Law in Illinois through legislation. They provide a roadmap in this comprehensive volume filled with descriptions of pivotal cases, personal accounts, facts, interviews, stories, words from incarcerated mothers, amid the heart-tugging and gut-wrenching reality of the potential destruction in postpartum mental illness and the lost lives, not just the children, but mothers caught in the quagmire of the United States legal system. This team is awe-inspiring, tireless, courageous- and effective- in saving mothers’ lives… ‘Be the change you wish to see in the world,’ is personified. — Gina Wong Ph.D, professor of psychology, perinatal expert witness, author in Maternal Mental Health Forensics, Athabasca University
In their book Advocating for Women with Postpartum Mental Illness: A Guide to Changing the Law and the National Climate, authors Susan Feingold and Barry Lewis have tapped into the thoughts that many of us working in this field often try to explain. Their book helps all of us understand the complex world of postpartum psychosis and describes why it is important all of us to check our judgment at the door and advocate for fair and just treatment of women and families dealing with the time limited, curable condition known as postpartum psychosis. Thank you for your thorough and compassionated book on this scary and difficult condition and the legal aspects of advocacy.— Christena Raines, perinatal psychiatric nurse practitioner, UNC-Chapel Hill; vice president, Postpartum Support International
Feingold and Lewis’ book makes a landmark contribution to the literature on postpartum mental illness and the law. Together, they harness their mental health and legal expertise to enable the reader to understand the forces driving the tragic line of U.S. cases involving mothers who kill their children while suffering from postpartum mental illness. With stories and interviews, they demonstrate the miscarriage of justice that results when these mothers are not permitted, in their own defense, to introduce evidence regarding postpartum mental illness. After showing why the time is right for responding to postpartum mental illness at many levels, the authors offer a pragmatic guide to making meaningful legal change at the state level. The story of their successful campaign to reform Illinois’ criminal code to permit women to file post-conviction affidavits regarding postpartum health is a true inspiration. Filled with practical guidance, useful footnotes and compassion, this book is a must-read!— Michelle Oberman, Katharine and George Alexander Professor of Law, Santa Clara University School of Law and author, When Mothers Kill: Interviews from Prison
Since we live in democracies, our view of justice is colored and shaped by a democratic bias. The source of right for us is the proposition that all are created equal, and over time we advance and demand ever-greater political and social equality. To see what true justice is, and also what we are, clearly and free of prejudice, we must discover and confront our political (mis)education: we must turn our heads around, see, and cross-examine those hidden puppeteers of our cave. Liberal education is the opposite of political ‘education,’ or propaganda: it is education that liberates. It is for this reason that David A. Eisenberg’s ambitious book, Nietzsche and Tocqueville on the Democratization of Humanity, is so welcome and needed. In it, he examines the grand democratizing sweep of Western history and its consequences for human life and thought.
— The European Conservative