Civil Commitment Practices in Virginia Perceptions, Attitudes, and Recommendations
Total Page:16
File Type:pdf, Size:1020Kb

Load more
Recommended publications
-
Involuntary Civil Commitment of the Mentally Ill: a System in Need of Change
Volume 29 Issue 2 Article 2 1983 Involuntary Civil Commitment of the Mentally Ill: A System in Need of Change John E. B. Myers Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Law and Psychology Commons Recommended Citation John E. Myers, Involuntary Civil Commitment of the Mentally Ill: A System in Need of Change, 29 Vill. L. Rev. 367 (1983). Available at: https://digitalcommons.law.villanova.edu/vlr/vol29/iss2/2 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Myers: Involuntary Civil Commitment of the Mentally Ill: A System in Nee 1983-84] INVOLUNTARY CIVIL COMMITMENT OF THE MENTALLY ILL: A SYSTEM IN NEED OF CHANGE JOHN E. B. MYERSt Table of Contents Introduction .................................................. 368 I. THE RISE OF INSTITUTIONS ............................. 368 II. DEVELOPMENT OF INVOLUNTARY COMMITMENT LAW... 375 A. HistoricalDevelopment ..................... .......... 375 B. The Authority of the State to Impose Involuntay Commit- ment-The Parens Patriae Power ..................... 380 III. THE DEINSTITUTIONALIZATION MOVEMENT ............. 388 A. HistoricalDevelopment ................................ 388 B. The Contribution of the Courts to Deinstitutionah'zation.... 394 C. Treatment in the Least Restrictive Environment ........... 400 IV. FAILINGS OF THE DEINSTITUTIONALIZATION MOVEMENT ......................................................... 40 3 A. The "Community's" Failure to Provide Adequate Commu- nity-Based Treatment Resources ......................... 403 B. The Shortcomings of Denstitutionah'zationare Exacerbated by Restrictive Commitment Laws ........................ 409 V. ALTERNATIVES FOR CHANGE IN THE SYSTEM OF INVOL- UNTARY TREATMENT OF THE MENTALLY ILL .......... -
EVALUATION of MSF-OCB TORTURE REHABILITATION PROJECTS Lessons Learned from Three Projects Anonymized Version
EVALUATION OF MSF-OCB TORTURE REHABILITATION PROJECTS Lessons Learned from three projects Anonymized version February 2017 This publication was prepared at the request of Médecins sans Frontières. It was prepared independently by Currun Singh (Team Lead) and Eva P. Rocillo Aréchaga (Medical Evaluation Referent). DISCLAIMER The author’s views expressed in this publication do not necessarily reflect the views of Médecins sans Frontières or the Stockholm Evaluation Unit. CONTENTS ACRONYMS ........................................................................................................................................................................ 4 EXECUTIVE SUMMARY ....................................................................................................................................................... 5 PROJECT BACKGROUND .................................................................................................................................................... 9 Description of the project…………………………………………………………………………………………………………………………………………9 Project timeline………………………………………………………………………………………………………………………………………………………..9 Project context…………………………………………………………………………………………………………………………………………………….…11 EVALUATION METHODS .................................................................................................................................................. 14 Purpose of the evaluation…………………………………………………………………………………………………………………………………….…14 Evaluation methods……………………………………………………………………………………………………………………………………………..…14 -
Guardian's Authority to Involuntarily Hospitalize the Incompetent Ward JOHN L
Guardian's Authority to Involuntarily Hospitalize the Incompetent Ward JOHN L. SULLIVAN, J.D.,LL.M.* A Guardian may give any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment or service. Section 5-312(a) (3) Uniform Probate Code If Section 5-312(a) (3) is accepted as a composite or representative definition of a guardian of the person's state law statutory authority to deal with the care and custody of his incompetent ward in matters relating to medical management, any private hospital could admit, on the signature of the guardian, any so-called "lucid" incompetent. The limitation to a consideration of private hospital admission is made because it is almost universal practice for state or governmental hospitals to demand a civil commitment order before admitting an involuntary patient, whether declared incompetent or not. The so-called "lucid" incompetent is the adjudicated incompetent who still can be heard to protest the decisions made for him by his guardian. The labeling and attendant distinction of the "lucid" incompetent is useful in categorizing those cases where courts have been called upon to render judgments relating to radical medical procedures such as experimental psychosurgery 1 or kidney transplants2 or negative medical procedures such as a discontinuance of medical suppon systems. 3 In such cases it has readily been seen that the bare authority of a guardian under state statutes is not sufficient to authorize medical procedures or cessation of them. It has been agreed that specific coun authority is required, and probably that of a court exercising equity jurisdiction. -
Publications on Health and Human Rights Themes
Bib iography PUBLICATIONSON HEALTH AND HUMAN RIGHTS THEMES: 1982-1998 Amnesty International I n 1980, Amnesty International published a short bib- liography of articles written by members of the organization's medical groups. In the years that followed, further updates appeared,with articles being included according to their rel- evance to Amnesty International's work. This bibliography was reissued in 1984, 1987, 1990, 1993, and most recently in 1997. The bibliography presented here is based on the 1997 version but has been updated to include publications from 1998. There has been an enormous expansion in the number and quality of articles and books on human rights themes in the past two decades, and this is reflected here. To make the bibliography easier to use, references have been gathered into categories reflecting the concerns and interests of Amnesty International. This bibliography makes no claim to completeness. Rather it is a selected listing of papers, articles, and books with an emphasis on publications that can be retrieved from medical or other libraries. For articles prior to 1982, see ear- lier AI bibliographies (for example, Bibliography of publica- tions on health and human rights themes, Al Index: ACT 75/03/93, September 30, 1993). A serious attempt has been made to provide sufficient information for each publication Amnesty International is an independent nonprofit organization working for the international protection of human rights. This version of the bib- liography was edited by James Welsh and Doris Basler, with assistance from Janice Selkirk. Please address correspondence to James Welsh, Am- nesty International, International Secretariat, 1 Easton Street, London WClX 8DJ, UK. -
Terror, Trauma and the Eye in the Triangle: the Masonic Presence in Contemporary Art and Culture
TERROR, TRAUMA AND THE EYE IN THE TRIANGLE: THE MASONIC PRESENCE IN CONTEMPORARY ART AND CULTURE Lynn Brunet MA (Hons) Doctor of Philosophy November 2007 This work contains no material which has been accepted for the award of any other degree or diploma in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by another person, except where due reference has been made in the text. I give consent to this copy of my thesis, when deposited in the University Library, being made available for loan and photocopying subject to the provisions of the Copyright Act 1968. I hereby certify that the work embodied in this Thesis is the result of original research, which was completed subsequent to admission to candidature for the degree of Doctor of Philosophy. Signature: ……………………………… Date: ………………………….. ACKNOWLEDGEMENTS This project has been generously supported, in terms of supervision, teaching relief and financial backing by the University of Newcastle. Amongst the individuals concerned I would like to thank Dr Caroline Webb, my principal supervisor, for her consistent dedication to a close reading of the many drafts and excellent advice over the years of the thesis writing process. Her sharp eye for detail and professional approach has been invaluable as the thesis moved from the amorphous, confusing and sometimes emotional early stages into a polished end product. I would also like to thank Dr Jean Harkins, my co- supervisor, for her support and feminist perspective throughout the process and for providing an accepting framework in which to discuss the difficult material that formed the subject matter of the thesis. -
Archons (Commanders) [NOTICE: They Are NOT Anlien Parasites], and Then, in a Mirror Image of the Great Emanations of the Pleroma, Hundreds of Lesser Angels
A R C H O N S HIDDEN RULERS THROUGH THE AGES A R C H O N S HIDDEN RULERS THROUGH THE AGES WATCH THIS IMPORTANT VIDEO UFOs, Aliens, and the Question of Contact MUST-SEE THE OCCULT REASON FOR PSYCHOPATHY Organic Portals: Aliens and Psychopaths KNOWLEDGE THROUGH GNOSIS Boris Mouravieff - GNOSIS IN THE BEGINNING ...1 The Gnostic core belief was a strong dualism: that the world of matter was deadening and inferior to a remote nonphysical home, to which an interior divine spark in most humans aspired to return after death. This led them to an absorption with the Jewish creation myths in Genesis, which they obsessively reinterpreted to formulate allegorical explanations of how humans ended up trapped in the world of matter. The basic Gnostic story, which varied in details from teacher to teacher, was this: In the beginning there was an unknowable, immaterial, and invisible God, sometimes called the Father of All and sometimes by other names. “He” was neither male nor female, and was composed of an implicitly finite amount of a living nonphysical substance. Surrounding this God was a great empty region called the Pleroma (the fullness). Beyond the Pleroma lay empty space. The God acted to fill the Pleroma through a series of emanations, a squeezing off of small portions of his/its nonphysical energetic divine material. In most accounts there are thirty emanations in fifteen complementary pairs, each getting slightly less of the divine material and therefore being slightly weaker. The emanations are called Aeons (eternities) and are mostly named personifications in Greek of abstract ideas. -
The Cuckoo's Nest: an Examination of the National Commission Report on Psychosurgery Steven C
Hofstra Law Review Volume 6 | Issue 4 Article 3 1978 Return to the Cuckoo's Nest: An Examination of the National Commission Report on Psychosurgery Steven C. Spronz Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Recommended Citation Spronz, Steven C. (1978) "Return to the Cuckoo's Nest: An Examination of the National Commission Report on Psychosurgery," Hofstra Law Review: Vol. 6: Iss. 4, Article 3. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol6/iss4/3 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Spronz: Return to the Cuckoo's Nest: An Examination of the National Commi NOTES RETURN TO THE CUCKOO'S NEST: AN EXAMINATION OF THE NATIONAL COMMISSION REPORT ON PSYCHOSURGERY One Flew Over the Cuckoo's Nest' describes the use of psychosurgery to rid MacMurphy, an inmate-patient who chal- lenged the authority of his "keepers" in a psychiatric institution, of his allegedly violent tendencies. The operation transformed him into a human vegetable. His friend, the "Chief," another patient at the hospital, recognized that MacMurphy's life was now without meaning and mercifully suffocated him. The author's indictment of abuses in mental institutions was published in 1962, when the practice of psychosurgery was waning in the United States. 2 Cuckoo's Nest should belong to a bygone era, one replaced by an age in which more humane treatments are administered. -
Chapter 8 – Civil Commitments
GENERAL DISTRICT COURT MANUAL CIVIL COMMITMENTS Page 8-1 Chapter 8 – Civil Commitments Civil Commitments include involuntary admissions of mentally ill/intellectual disability and medical emergency temporary detention. Civil mental illness/intellectual disability proceedings and medical emergency consent proceedings may be heard by a judge of the general district or juvenile and domestic relations district court or a special justice appointed by the chief judge of the applicable judicial circuit. Va. Code § 37.2-803. The involuntary mental commitment process begins when a petition is filed, and alleges a person is mentally ill and in need of hospitalization. For proceedings in this chapter, whenever the term “mental illness” appears, it shall include substance abuse. Va. Code § 37.2-800. The process may begin with a referral to the localities’ Community Service Board, or may be initiated at the magistrate’s office. Some clerk’s offices will only receive paperwork after the proceedings and hearings are over, while in some offices the judges themselves may hold the hearing. These are the procedures for filing and indexing under each circumstance. Transportation of a person who is the subject of an emergency custody order, temporary detention order, and a person under an involuntary commitment order may be provided by a family member or friend, representative of the Community Services Board (CSB), or other alternative transportation provided with staff trained to provide transportation is a safe manner. No person who provides alternative transportation pursuant to these sections shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation. -
Involuntary Commitment: Implication for Psychiatric Nursing Practice* a RTICLE
O RIGINAL Involuntary commitment: implication for psychiatric nursing practice* A RTICLE INTERNAÇÃO INVOLUNTÁRIA: AS IMPLICAÇÕES PARA A CLÍNICA DA ENFERMAGEM PSIQUIÁTRICA INTERNACIÓN INVOLUNTARIA: IMPLICACIONES PARA LA CLÍNICA DE ENFERMERÍA PSIQUIÁTRICA Lilian Hortale de Oliveira Moreira1, Cristina Maria Douat Loyola2 ABSTRACT RESUMO RESUMEN The characteristics of involuntary psychiat- Quando nos deparamos com Internação Psi- Cuando nos encontramos con Internación ric commitment (IPI) may cause implica- quiátrica Involuntária (IPI), percebemos que Psiquiátrica Involuntaria (IPI), percibimos tions on the nursing/patient relationship. as características dessa internação podem que las características de internación pue- The objectives of this study were to list the causar implicações para a relação enferma- den causar implicaciones en la relación en- forms of nursing care delivered to psychi- gem/paciente. Relacionar os cuidados de fermería/paciente. Relacionar los cuidados atric patients, according to the type of com- enfermagem prestados ao paciente psiqui- de enfermería brindados al paciente psi- mitment; analyze the reaction of the nurs- átrico, considerando o tipo de internação; quiátrico, considerando el tipo de interna- ing team towards the IPI patient, and dis- analisar a reação da equipe de enfermagem ción; analizar la reacción del equipo de en- cuss on the implications that IPI have on the em relação ao paciente de Internação Psi- fermería en relación al paciente de IPI, y practice o psychiatric nursing. A field re- quiátrica Involuntária (IPI), e discutir as im- discutir las implicaciones de la IPI para la search was performed with the nursing plicações da IPI para a clínica da enferma- clínica de enfermería psiquiátrica. Investi- team of a psychiatric institution in Rio de gem psiquiátrica. -
Mental Health Commitment Laws: a Survey of the States
Mental Health Commitment Laws A Survey of the States February 2014 Research from the Treatment Advocacy Center 1 Mental Health Commitment Laws A Survey of the States Brian Stettin, Esq. Policy Director, Treatment Advocacy Center Jeffrey Geller, M.D. Professor of Psychiatry Member of the Board, Treatment Advocacy Center Kristina Ragosta, Esq. Director of Advocacy, Treatment Advocacy Center Kathryn Cohen, Esq. Legislative and Policy Counsel, Treatment Advocacy Center Jennay Ghowrwal, MHS Research and Communications Associate, Treatment Advocacy Center © 2014 by the Treatment Advocacy Center The Treatment Advocacy Center is a national nonprofit organization dedicated exclusively to eliminating barriers to the timely and effective treatment of severe mental illness. The organization promotes laws, policies and practices for the delivery of psychiatric care and supports the development of innovative treatments for and research into the causes of severe and persistent psychiatric illnesses, such as schizophrenia and bipolar disorder. 2 TACReports.org/state-survey EXECUTIVE SUMMARY The tragic consequences of ignoring the needs of individuals with the most severe mental illness who are unable or unwilling to seek treatment are on vivid display nationwide: on our city streets, where an estimated quarter million people with untreated psychiatric illness roam homeless; in our jails and prisons, which now house 10 times as many people with severe mental illness than do our psychiatric hospitals; in our suicide and victimization statistics, where individuals with psychotic disorders are grossly overrepresented; and in our local news, which reports daily on violent acts committed by individuals whose families struggled vainly to get them into treatment. In the U.S., primary responsibility for treatment of this vulnerable and at-risk population falls to state and local governments. -
Involuntary Outpatient Commitment and Related Programs of Assisted Outpatient Treatment 1
APA Resource Document RESOURCE DOCUMENT ON INVOLUNTARY OUTPATIENT COMMITMENT AND RELATED PROGRAMS OF ASSISTED OUTPATIENT TREATMENT 1 Prepared by the Council on Psychiatry and Law: Marvin S. Swartz, M.D. Steven K Hoge, M.D. Debra A. Pinals, M.D. Eugene Lee, M.D. Li-Wen Lee, M.D. Mardoche Sidor, M.D. Tiffani Bell, M.D. Elizabeth Ford, M.D. R. Scott Johnson, M.D. Approved by the Joint Reference Committee, October 2015 "The findings, opinions, and conclusions of this report do not necessarily represent the views of the officers, trustees, or all members of the American Psychiatric Association. Views expressed are those of the authors." -- APA Operations Manual. Involuntary outpatient commitment is a form of court-ordered outpatient treatment for patients who suffer from severe mental illness and who are unlikely to adhere to treatment without such a program. It can be used as a transition from involuntary hospitalization, an alternative to involuntary hospitalization or as a preventive treatment for those who do not currently meet criteria for involuntary hospitalization. It should be used in each of these instances for patients who need treatment to prevent relapse or behaviors that are dangerous to self or others. Executive Summary, Conclusions and Recommendations In 1987, the American Psychiatric Association’s Task Force Report on Involuntary Outpatient Commitment endorsed its use under certain circumstances (1) and reiterated its endorsement in the 1999 Resource Document on Mandated Outpatient Treatment (2). During the decades since publication of the 1987 Task Force Report, outpatient commitment has received a great deal of 1 Outpatient court-ordered treatment may be referred to as ‘assisted outpatient treatment’, ‘involuntary outpatient commitment’, ‘mandated community treatment’, or ‘community treatment orders’. -
Involuntary Commitment to Outpatient Treatment © American Psychiatric Association, All Rights Reserved Page 1 of 10
TABLE OF CONTENTS Involuntary Outpatient Treatment . 1 Surveys of Outpatient Commitment Statutes . 2 Studies of Outpatient Commitment . 2 The Impact of Recent Statutory Changes . 4 Implications for the Future Use of Outpatient Commitment . 5 Proposed Supplement to American Psychiatric Association . 6 Guidelines for Legislation on the Psychiatric Hospitalization of Adults References . 9 26 INVOLUNTARY OUTPATIENT TREATMENT Prior to the late 1960’s, involuntary treatment of the mentally ill was INVOLUNTARY COMMITMENT TO provided almost exclusively in long-term inpatient facilities. The majority of patients suffered from chronic illnesses for which there were no effective OUTPATIENT TREATMENT treatments which could permit many of them to be discharged into the community. Although the legal authority for commitment emanated from state statutes, the process, essentially dominated by clinicians, held few REPORT OF THE TASK FORCE ON procedural protections for patients facing commitment (1). INVOLUNTARY OUTPATIENT With the growing availability of effective treatment for chronic mental illnesses in the 1960’s, the community mental health movement and COMMITMENT advocates concerned with patients’ civil rights worked for the deinstitutionalization of as many hospitalized patients as possible (2,3). David Starrett, M.D., Chairperson Legislators were attracted to the movement by the prospect of saving Robert D. Miller, M.D. money through hospital closure and less expensive community treatment Joseph Bloom, M.D. (4). The combination of stricter commitment laws (most of which William D. Weitzel, M.D. incorporated the criterion of treatment in the least restrictive environment Robert D. Luskin, Esq., Consultant (5)) and the establishment of federally-supported community mental health centers led to a massive depopulation of the public mental hospital Publication authorized by the Board of Trustees, June 1987 system.