IMPROVING GUARDIANSHIP IN KENTUCKY
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REGISTRATION FORM

SECOND ANNUAL

KENTUCKY GUARDIANSHIP ASSOCIATION CONFERENCE

TUESDAY, MAY 18, 2010 – LOUISVILLE, KENTUCKY



Name:_____________________________________________________________________


Agency or Business:__________________________________________________________


Address:___________________________________________________________________


City:_____________________________________State:_______Zip Code:______________


Email:_____________________________________________________________________


Phone:_______________________________Fax:__________________________________

                                                             EARLY BIRD                                              AFTER APRIL 30

____ Member:                          $25.00                                           $30.00


____ Join KGA and register  $50.00                                           $60.00

as a new 2010 member

____ Non-member                    $60.00                                           $70.00


A box lunch will be provided as part of the registration fee. Please indicate preference:

____ Regular ____ Vegetarian


Please select Sessions you will attend:

____ Professional Track ____ Guardian Track


Please register early as space is limited!


Please make checks payable to:

KGA, Inc.

Mail registration form and payment to:

KGA, Inc.

PO BOX 25173

Lexington, KY 40524-5173


 

          

 

KENTUCKY GUARDIANSHIP ASSOCIATION CONFERENCE 2010

REGISTER NOW!!!!!

 

Join the Kentucky Guardianship Association (KGA)

For the 2nd ANNUAL KGA CONFERENCE

 

"A Guardianship Trifecta:

Ethics, Respect, Protection"

 

 

 

Tuesday, May 18, 2010

 Holiday Inn Hurstbourne

1325 South Hurstbourne Parkway

Louisville, Kentucky

 

Training 

opportunity for guardians and professionals working with
guardians or within the guardianship process




   

"Protecting Dignity and Freedom”

2009 KGA Conference

Workshop Descriptions

“This project made possible in part by generous support of the Partnerships in Law and Aging Program, a project of the Borchard Foundation Center on Law and Aging and the American Bar Association Commission on Law and Aging.”

9:00 AM Plenary Session
"The Importance of Uniform Guardianship”

Judge Brandy Brown


In the opening plenary session, Judge Brown will present best practice guardianship models based on Kentucky Revised Statutes and will discuss the necessity of uniformity of practice in order to address best interests of all incapacitated adults served through this court process. Less restrictive legal alternatives to guardianship will also be presented with a discussion of when they may be appropriately utilized.


Participants will be able to:


  1. learn a "best practice" model of guardianship proceedings based on Kentucky Revised Statutes

  2. identify less restrictive legal alternatives to guardianship proceedings and understand circumstances in which these alternatives may be applied to serve the best interests of a Respondent

  3. identify the key points in guardianship proceedings where statewide uniformity is necessary in order to serve the best interests of a respondent.

9:45 AM Concurrent Workshop Session I

 

Defining and Assessing Capacity" - Professional Track

Norm Hayden


Mr. Hayden will present a variety of methods to help professionals assess decisional capacity for adult clients. These assessments can be used by any professional in a variety of settings and can be helpful for testifying in guardianship determinations.

Participants will be able to:


  1. differentiate between a mental status assessment and a functional assessment

  2. simulate a mental status assessment

  3. simulate a functional assessment

    

Duties and Responsibilities of a Guardian and Conservator - Guardian Track

Becky Smith and Sue Crone


Participants will learn specific duties and responsibilities that a court may assign in a Kentucky guardianship proceeding as provided in Kentucky Revised Statute. Four major roles of a guardian will be identified and best practice models of substituted judgment will be discussed.


Participants will be able to:


  1. locate information in Kentucky Revised Statute that provides direction regarding court directed responsibilities

  2. identify responsibilities ordered by a court on the Order of Appointment of Guardian form

  3. list and explain four primary roles of a guardianship

  4. compare decision making models and identify when each is appropriate to be utilized by a guardian

10:45 AM Break

 

11:00 AM Concurrent Workshop Session II

 

Duties and Responsibilities of Court appointed Professionals- Professional Track

 

Norm Hayden and Jennifer Leibson


Mr. Hayden and Ms. Leibson will cover the roles and the responsibilities of professions on the Interdisciplinary Evaluation Team and the attorney appointed to represent adults with alleged incapacity. Requirements in completing an interdisciplinary reports for the Court, as well as information that can be presented to a Judge and jury to assist in making an informed disability determination. The roles of the County Attorney and Counsel appointed to represent the alleged incapacitated adult will be examined, ethical issues related to fulfilling the role of the Counsel for the respondent will be considered, and differences between a guardian-ad-litem (GAL) and the role of Counsel for the respondent in an adult disability hearing. 


Participants will be able to:


    1. identify roles of County Attorney and Court appointed Counsel for respondents

    2. understand differences between a GAL in child protection cases and the court appointed counsel in an adult guardianship disability hearing

    3. list ethical concerns related to the role of court appointed Counsel for the respondent in an adult guardianship disability hearing

    4. identify the members of the Interdisciplinary Evaluation Team (IDT)

    5. distinguish among the components of the Interdisciplinary Team Evaluation Report


Fiduciary Management, Record Keeping and Working with Banks and other Financial Institutions - Guardian Track

Adanne Bagby and Robert McClelland


Ms. Bagby and Mr. McClelland will cover benefits and financial matters in establishing and maintaining the financial responsibilities of a guardianship case. Application for benefits or change in representative payee, appropriate way to open a bank account, tips for reviewing entitlements and benefits in place at time of appointment andestate planning issues including Medicaid Trusts will be discussed.


Participants will be able to:


  1. open a bank account on behalf of a ward

  2. file for a change payee for federal benefits

  3. apply for benefits

  4. understand estate planning measures including Medicaid Trusts

12:00 PM Lunch and Business Meeting


Announcements, Silent Auction and Awards

 

12:45 PM Keynote Speaker


Guardianship: The Long and Winding Road”

Erica Wood

In bird’s eye view, Erica Wood will trace the history of adult guardianship from its ancient roots to early reform measures to today’s cutting edge issues of public guardianship, court oversight and accountability, standards and uniform jurisdiction. With this as background, she will seek to engage the audience in a discussion of where Kentucky stands and what are the next steps.


Participants will be able to:


  1. understand and appreciate the history of adult guardianship and its reform nationally

  2. apply the national history and background to a consideration of action steps for guardianship reform in Kentucky

1:30 PM Break

 

1:45 PM Concurrent Workshop Session III

New Directions for Kentucky Public Guardianship -Professional Track

 

Phyllis Culp


Since transfer of the public guardianship program from the Department of Community Based Services to the Department of Aging and Independent Living in the summer of 2009, the guardianship program has undergone several changes, including restructuring of field services and development of new administrative regulations (KAR). The Director of the new “Division of Guardianship” will share insights to the current program structure, demographics of the current population of incapacitated adults served, an overview of the new KAR and challenges faced by the program in these lean economic times.


Participants will be able to:


  1. understand current structure of the public guardianship program

  2. appreciate the diversity of issues of the vulnerable adults served by the public guardianship program

  3. gain awareness and understanding of recently passed KAR


Health Care Decision Making on behalf of an Adult with a Disability - Guardian Track

Pamela Teaster, Robert Powell, Tracy Ragone, and Jeanie Neikirk


Panel discussion will provide an overview of surrogate decision making best practice models, KY Living Will Act, and public guardianship protocol for approval of DNR and withdrawal or withholding of life supports.


Participants will be able to:


  1. learn a systemic process for making medical decisions which balances risk and benefits of treatment

  2. understand best practice models of surrogate decision making and identify when each model is appropriate to use       

2:45 PM Concurrent Workshop Session IV

 

Voting Rights, Modification and Termination of Guardianship - Professional Track

 

Bill Dolan


This session will provide an overview of Kentucky guardianship law including recent changes related to a disabled adult's right to vote even when there has been a finding of total disability. Alternatives to guardianship and procedures related to modification or termination of a guardianship order will also be discussed.


Participants will be able to:


  1. gain a basic understanding of Kentucky guardianship law

  2. learn how to modify or terminate a guardianship order

  3. be able to list alternatives to guardianship


Record Keeping and Reporting - Guardian Track

Adanne Bagby and Becky Smith


Participants will be informed of both personal and financial court reports required by KRS 387.Ms. Bagby and Ms. Smith will provide direction on where the reports may be accessed, how to complete the reports, and how to maintain records and documentation to support the reports.


Participants will be able to:


  1. learn how to complete and file financial reports for the court including an initial inventory, biennial report and final financial accounting

  2. learn how to complete and file an annual report of personal status

  3. gain a basic understanding of records and documentation a guardian or conservator will need to maintain to support reports filed with the court


3:45 PM Break

 

4:00 PM Hot Topics Plenary Session


Mock Trial “What About Bob?”  Guardianship KRS

Stacy Carey, Wayne Cook, Braxton Crenshaw, Ross Steintorf


Mock trial will address several hot topic issues including respondents capacity and his right to vote, living with a non-martial partner, and personal spending choices. 

  

Participants will be able to:


  1. understand the Kentucky jury trail process

  2. appreciate rights restrictions that accompany a finding of disability


OUR SPEAKERS


Attorney

Director, American Bar Association Commission on Law and Aging

Washington, D.C.

Erica F. Wood is Assistant Director of the American Bar Association Commission on Law and Aging. She has been associated with the Commission since 1980, where she has worked primarily on issues concerning adult guardianship, legal services delivery, dispute resolution, health care and managed care, long-term care and access to court. She has participated in many national studies on public guardianship and guardianship monitoring. Prior to 1980, she served as staff attorney at Legal Research and Services for the Elderly at the National Council of Senior Citizens. Ms. Wood is a member of the Virginia State Bar and the Virginia Bar Association. She was appointed by the Governor as a member of the Virginia Public Guardian and Conservator Advisory Board. She is the Chair of the Arlington County Commission on Long-Term Care Residences; and served for over 20 years as legislative chair of the Northern Virginia Aging Network. Ms. Wood received her B.A. from the University of Michigan and her J.D. from the George Washington University.


Fiduciary Branch Manager

Guardianship Division, Department for Aging and Independent Living, Cabinet for Health and Family Services

Frankfort, KY

Adanne Bagby has a B.S. in Mathematics from the University of Kentucky and attended Kentucky State University for additional accounting courses. She grew up in a family run lumber yard, worked as a volunteer for many service organizations including meals on wheels and ran her own business in Lexington. She began her auditing career with the Auditor of Public Accounts in 1991 served on the Governor’s Commission for Quality and Efficiency and the Governor’s Task Force for “Empower Kentucky”. In 1997, she moved to the Cabinet for Health Services, Office of the Inspector General as Contract Branch Audit Manager and from there became involved with the fiduciary part of the public guardianship program. The public guardianship program had an in-depth audit completed by the APA which found numerous internal control problems relating to handling of monies of wards of the Cabinet. In 2003 Ms. Bagby was asked by the Cabinet Secretary to work with the Cabinet for Families and Children, Guardianship Program and assist in bringing the program into compliance with auditing standards. Today she manages the Fiduciary Branch which handles benefits and financial matters, including financial reports to the courts, for all wards of the Cabinet in compliance with KRS 387. She is also a National Certified Guardian through the Center for Guardianship Certification, an allied foundation of the National Guardianship Association and a charter board member of the Kentucky Guardianship Association.


Chief District Judge, Division II 25th Judicial District

Richmond, KY

Brandy Oliver Brown has served a District Judge in the 25th Judicial District (Madison and Clark Counties) for for the past eight years, four as Chief Judge. Prior to serving as Judge she was an Assistant County Attorney in Madison County where she was prosecutor for Juvenile,Traffic, Criminal, Domestic Violence and Family Courts. Judge Brown completed her undergraduate work, cum laude, receiving a B.A. as an English major with a minor in Business. She attended the University of Kentucky College of Law and received the J.D. Degree in 1993. She has been active as a member of the training committee for District Judges and served as a member of the statewide Elder Abuse Committee's Guardianship Subcommittee.


Internal Policy Analyst

Division of Protection and Permanency, Department for Community Based Services, Cabinet for Health and Family Services

Frankfort, KY

Stacy Stacy Carey earned her B.S.W. from Eastern Kentucky University. She has been employed by the Cabinet for Health and Family Services as an investigative worker for Adult and Child Protective Services and in her current position as an Internal Policy Analyst in the Adult Safety Branch. As an adult protection worker, Ms. Carey has served as a member of numerous guardianship interdisciplinary evaluation teams. Specializing in the areas of domestic violence and elder abuse, Ms. Carey currently provides consultation and direction to field staff across the state, reviews and develops policy, and provides training to community partners. She serves as a member on the Counsel on Domestic Violence and Sexual Assault, Project Safe, and the Elder Abuse Rally Committee.


Attorney

Assistant Fayette County Attorney

Lexington, KY

Wayne Cook has been involved with the Mental Health Division of District Court as an Assistant County Attorney in Fayette County since 1984. This includes representation of the Commonwealth in guardianship and involuntary hospitalization proceedings. He has also worked as a sole practioner in the general civil practice of law since 1975. Mr. Cook received both a B.A. in psychologhy in 1972 and J.D. from the College of Law in 1975 at the University of Cincinnati.


Attorney

Braxton Crenshaw Law Office

Lexington, KY

Braxton Crenshaw attended the University of Kentucky where he earned a B.B.A. in Marketing in 1992 and the University of Kentucky College of Law earning his J.D. in 1996. He practices general law including criminal defense, domestic relations, probate, mental health and other areas of civil law in his own law office. Additional work experience include serving as a Trial Commissioner with the Kentucky Bar Association, a Hearing Officer with the Commonwealth of Kentucky Board of Claims, and a volunteer Mediator with the Lexington Mediation Center.


Retired

Lexington, KY

Susan Crone has worked in both the private and public sector for over 30 years with adults and youth with physical and mental disabilities. During her tenure with the Cabinet she served as a rehabilitation instructor working with adults with a dual diagnosis at Eastern State Hospital and for 18 years with the Cabinet for Families and Children's Public Guardianship Program as a front line case worker, regional supervisor, branch manager for Adult Protective Services and Guardianship, and an internal policy analyst. Sue holds a B.A. in Social Sciences from Lebanon Valley College, PA, and is a National Certified Guardian through the Center for Guardianship Certification, an allied foundation of the National Guardianship Association and a charter board member of the Kentucky Guardianship Association. Since her retirement in 2008 she has remained active in guardianship and adult protection issues through the Kentucky Guardianship Association, the National Guardianship Association, the National Adult Protective Services Association and as a speaker/trainer on guardianship in Kentucky.


Division of Guardianship Director

Department for Aging and Independent Living, Cabinet for Health and Family Services

Frankfort, KY

 Phyllis E. Culp, R.N., M.S.W. is Director of the Division for Guardianship in the Department for Aging and Independent Living. Ms. Culp has a Diploma of Nursing from the Ball Memorial Hospital School of Nursing in Muncie, Indiana. She received her Bachelors Degree and Masters Degree from the University of Kentucky (UK). In addition, she earned Post Masters Certificate in Gerontology at the Sanders-Brown Center on Aging. She has managed a geriatric mental health center and has a long career in nursing. She has worked for DAIL for over eight years and has had primary responsibility for the Council on Alzheimer’s Disease and Other Related Dementias, developed the Kentucky National Family Caregiver Support Program, has been both grant writer and Project Director for the Administration on Aging (AoA) Alzheimer’s Disease Demonstration Grant, State Planning Grant and the Aging and Disability Resource Center Grant.


 

Staff Attorney Supervisor

Department of Public Advocacy, Protection & Advocacy Division

Frankfort, KY 

William Dolan is a Staff Attorney Supervisor with the Division of Protection and Advocacy in Frankfort. His practice involves assisting adult individuals with disabilities pursue legal, administrative and other appropriate remedies. He received a B.A. degree, magna cum laude, in Business Administration from Carthage College, and a J.D. from the Louis D. Brandeis School of Law, University of Louisville where he served as a member of the Journal of Law and Education. He formerly clerked for Joseph R. Huddleston, Kentucky Court of Appeals and practiced with O'Bryan, Brown & Toner, PLLC


Training Specialist

Eastern Kentucky University

Department for Community Based Services Training Office

Owensboro, KY

Norman Hayden has provided protective services to individuals and families in Kentucky for over fourteen years in a variety of roles including direct service worker, supervisor, and trainer. Currently, Mr. Hayden provides training and consultation for the Cabinet for Health and Family Services, Department for Community Based Services on Adult Protective Services, for victims of elder maltreatment, domestic violence, and vulnerable adult populations. Mr. Hayden also provides medical social services to individuals with a terminal illness and their families through Hospice of Western Kentucky. Mr. Hayden completed his undergraduate degree in Psychology at the University of Louisville. He earned a Master’s Degree in Social Work from Western Kentucky University and is licensed as a Certified Social Worker (C.S.W.).


Division Chief

Jefferson County Attorney's Office, Mental Inquest and Guardianship Division

Louisville, KY

Jennifer Leibson serves as Division chief for the Mental Inquest and Guardianship Division in the Jefferson County Attorney's Office and is an Adjunct Professor at the University of Louisville, Brandeis School of Law. She received her B.A. Degree, cum laude, in French From the University of Cinicinnati; M.A. in French from the University of Miami, Ohio; and her J.D. From the University oof Dayton, Ohio. She formerly clerked in the Montgomery County Ohio Prosecutor’s Office. Jennifer is involved with numerous community organizations including Project Women, Spina Bifida Association of Kentucky, Jewish Community Federation, Louisville Metro Elder Abuse Fatality Review Committee, Louisville Elder Abuse Services Coordinating Committee and Habitat for Humanity.


Attorney

McClelland and Associates

Lexington, KY

Robert L. McClelland is a Lexington attorney licensed in Kentucky and West Virginia, recognized by his peers and clients alike for his experience as an Elderlaw and Estate Planning.In 1972 he earned a B.S. from the University of Charleston and in 1983 he earned a J.D. from Northern Kentucky University, Salmon P. Chase College of Law. After practicing 26 years, he has focused his practice to counsel aging clients and special needs families regarding asset protection, Guardianship, Special Needs Planning, public benefits, Probate and Estate Administration. Mr. McClelland is personally a fiduciary and special needs Trustee in multiple cases for disabled clients. Beyond the expertise within Mr. McClelland’s office, he is a member of the Kentucky Bar Association’s Elder Law Committee, National Academy of Elder Law Attorneys, Inc., the Special Needs Alliance, ElderCounsel, LLC, the Bluegrass Estate Planning Counsel, Southeast Estate Planning Forum and WealthCounsel, LLC., all are national collaboratives of the top elderlaw and estate attorneys, offering access to top professional financial advisors, insurance professionals, certified public accountants and other attorneys who may have special expertise relevant to a particular client’s case. McClelland has been published repeatedly on issues familiar to attorneys with older clients and has spoken for the Kentucky Bar Association Annual Conference multiple times on senior issues and is called upon to give continuing legal education workshops on guardianship, Medicaid planning and estate planning strategies to attorneys, social workers, nursing home professionals.


Nurse Consultant/Inspector

Adult Safety Branch/ Medical Support, Department for Community Based Services

Cabinet for Health and Family Services

Lexington, KY

Jeanie Neikirk, R.N., is employed as a Nurse Consultant/Inspector for the Adult Safety Branch/Medical support with the Cabinet for Health and Family Services. Her main function is to provide medically-related consultation regarding the Adult Services population on adult abuse, neglect and exploitation in home or institutional settings. In addition, she provides consultation to state guardianship staff regarding medical issues and DNR requests for state guardianship clients. She graduated from Eastern Kentucky University with an Associate Degree in Nursing in 1975. She is certified by the Centers for Medicaid Services as a Nursing Consultant. Her experience includes 15 years of hospital nursing in ICU, ER, and OB/GYN settings, a former inspector with the Inspector General’s office for licensed health care facilities, and case management with a managed care company. Jeanie serves as a member on the State-wide Folic Acid committee, Elder Abuse Committees in Fayette, Scott and Madison counties and is a member of the Cabinet for Health and Family Services Adult Health Care Advisory Committee related to medical decisions for incapacitated adults served by the state public guardianship program.


Medical Director Norton Hospital

Norton Healthcare

Louisville, KY

Dr. Robert Powell has served as a community member of the Cabinet for Health and Family Services Adult Health Care Advisory Board, which was actively involved in the development of protocol and standards of practice related to medical decisions for incapacitated adults served by the state's public guardianship program. He earned a B.A. In English and Chemistry from Belmont College and graduated from the University of Louisville School of Medicine with his M.D. In 1962. A Viet Nam era Veteran, he completed his residency in Internal Medicine and a Fellowship in Pulmonary Diseases, served as an instructor and assistant professor in pulmonary disease at the University of Louisville and practiced privately in pulmonary disease and critical care. He has been Medical Director at Norton Hospital since 1998 and Medical Director Respiratory Care Program at JCTC since 2005. He has served on numerous boards and committees that address ethics and quality of life issues. Caring for patients with respiratory illness which frequently required ventilatory support and other life sustaining treatment, diagnostic tests and medical interventions stimulated his interest in medical treatment and end of life decision making. He has been especially interested in learning, practicing and guiding others in a humane, legal, and ethical approach to these subjects.

Nursing Home Coordinator/Team Leader

Hospice of the Bluegrass

Lexington, KY

Tracey Ragone earned her B.S.W. From the University of North Carolina at Greensboro in 1986 and has worked for over twenty years as a licensed social worker in acute hospital and long term care settings. She has been a member of the Nursing Home Team with Hospice of the Bluegrass for over fifteen years and currently serves as Coordinator/Team Leader. Ms. Ragone was one of the original community partners agreeing to serve on the Cabinet for Health and Family Services Adult Health Care Advisory Committee. She continues to serve on this committee sharing the community perspective on medical issues of individuals served by the public guardianship program and also serves on the Ethics Committee for Hospice of the Bluegrass.


Director of Fiduciary Services

GuardiCare Services, Inc.

Louisville, KY

Becky Smith serves as Director of Fiduciary Services at GuardiaCare Services, Inc., Louisville, Ky. a private non-profit agency providing services primarily to older persons who need assistance with managing their financial or personal affairs. Over the past twelve years, she expanded the Fiduciary Services program at GuardiaCare and started the guardianship services currently offered by the agency. The program provides Representative Payee Services for over 140 persons and has court appointments for over 150 persons as Guardian or Curator. She is also a Faculty-Field Liaison with the Kent School of Social Work at the University of Louisville. She supervises students who are completing a practicum in the community. Ms. Smith is a member of the National Guardianship Association, charter board member for the Kentucky Guardianship Association, a past president and charter board member of the Kentucky Association for Gerontology, licensed as a Certified Social Worker in Kentucky and is certified as a National Certified Guardian (NCG) with the Center for Guardianship Certification. She received her BA and MSSW from the University of Louisville.


Attorney

Bullock and Kauffman, LLP

Lexington, KY

Upon his graduation from Transylvania University with a B.A. Degree in 1990, Ross Stinetorf entered law school at the University of Kentucky School of Law. He earned his J.D. ,passed the bar exam, and joined the law firm of Todd & Walter in 1993. Mr. Stinedorf has accepted appointment as Counsel for the respondent, representing incapacitated individuals in adult guardianship cases, and as guardian ad litem for neglectd and abused children. Mr Stinedorf developed a general legal practice representing clients in such areas as domestic relations, employment law, personal injury, social security disability, domestic violence, and criminal law.



Director and Chairperson, Graduate Center for Gerontology

University of Kentucky

Wethington Health Sciences Building

900 South Limestone

Lexington, KY 40536-0200

859-257-1450 EXT 80196

pteaster@uky.edu

Pamela B. Teaster is a Professor and the Director of the Graduate Center for Gerontology at the University of Kentucky. She serves on the Editorial Board of The Gerontologist, the Journal of Applied Gerontology, and the Journal of Elder Abuse and Neglect, of which she is a former editor. She is the President of the National Committee for the Prevention of Elder Abuse and is the first president of the Kentucky (KY) Guardianship Association. She recently served on the National Academy of Sciences Committee on Social Security and Representative Payees, the American Bar Association Commission on Law and Aging, the Center for Guardianship Certification. She is a Fellow of the Gerontological Society of America and a recipient of the Rosalie Wolf Award for Research on Elder Abuse. Current research projects include: exploring linkages between poverty and elder abuse (KY Center for Poverty Research), a prevalence study of nursing home abuse (private donors), A Week in the Life of APS in Kentucky (University of KY and the KY Cabinet for Families and Children), court-focused elder abuse initiatives (The National Institute of Justice), and an evaluation of the public guardianship programs in Florida (FL Department of Elder Affairs). She has recently conducted a national survey of elder and vulnerable adult abuse (National Center on Elder Abuse), public guardianship systems (The Retirement Research Foundation), and the sexual abuse of vulnerable adults in institutions (National Institute on Aging). She is the author of over 70 peer-reviewed articles, reports, books, and book chapters.