Questions Relating to Involuntary Outpatient Treatment Under Outpatient Commitment Or Limited Guardianship
Author | : Jane Henkel |
Publisher | : |
Total Pages | : 27 |
Release | : 1987 |
Genre | : Guardian and ward |
ISBN | : |
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Author | : Jane Henkel |
Publisher | : |
Total Pages | : 27 |
Release | : 1987 |
Genre | : Guardian and ward |
ISBN | : |
Author | : Candice Player |
Publisher | : |
Total Pages | : 81 |
Release | : 2016 |
Genre | : |
ISBN | : |
Preventive outpatient commitment laws require people with mental illnesses to participate in mental health treatment before they meet the criteria for inpatient civil commitment -- clear and convincing evidence of mental illness and dangerousness to self or others. These laws apply to people who are chronically ill but not imminently dangerous. Most outpatient commitment laws do not require a judicial determination of incompetence, nor do they require a criminal charge or a criminal conviction. As such, outpatient commitment statutes unearth an old question on law, ethics, and the limits of prevention: under what circumstances can we impose substantial restraints on individual liberty because we believe a person is likely to harm himself or others before he actually has done so?Although most authors rest the moral justification for outpatient commitment on a mental impairment -- be it impaired insight, decisional-incapacity or incompetence to refuse treatment, this Article claims that government interventions into self-regarding harm and other-regarding harm require distinct moral justifications. When our primary concern is one of self-regarding harm, a court order to participate in outpatient treatment may be appropriate, but only for people with mental illnesses who are incompetent to make treatment decisions on their own. If, however, we are concerned about harm to others, a court order to participate in outpatient treatment may be appropriate, but only for people with mental illnesses who lack the moral capacities for criminal responsibility -- either because they are unlikely to appreciate the wrongfulness of their conduct or because they are unable to conform their conduct to the requirements of the law.
Author | : Pam Russell |
Publisher | : Legislative Reference Bureau |
Total Pages | : 84 |
Release | : 1987 |
Genre | : Mental health laws |
ISBN | : |
Author | : M. Susan Ridgely |
Publisher | : Rand Corporation |
Total Pages | : 110 |
Release | : 2001 |
Genre | : Medical |
ISBN | : 9780833029805 |
Many states have amended or interpreted their civil commitment statutes to allow for involuntary outpatient treatment.
Author | : Connecticut. Task Force to Study Issues Relating to Involuntary Outpatient Commitment and Alternatives |
Publisher | : |
Total Pages | : |
Release | : 1997 |
Genre | : Alternatives to psychiatric hospitalization |
ISBN | : |
Author | : Wisconsin. Legislature. Legislative Council |
Publisher | : Legislative Reference Bureau |
Total Pages | : 198 |
Release | : 1987 |
Genre | : Legislation |
ISBN | : |
Author | : John Monahan |
Publisher | : Oxford University Press |
Total Pages | : 208 |
Release | : 2001-03-01 |
Genre | : Medical |
ISBN | : 0190286016 |
The presumed link between mental disorder and violence has been the driving force behind mental health law and policy for centuries. Legislatures, courts, and the public have come to expect that mental health professionals will protect them from violent acts by persons with mental disorders. Yet for three decades research has shown that clinicians' unaided assessments of "dangerousness" are barely better than chance. Rethinking Risk Assessment: The MacArthur Study of Mental Disorder and Violence tells the story of a pioneering investigation that challenges preconceptions about the frequency and nature of violence among persons with mental disorders, and suggests an innovative approach to predicting its occurrence. The authors of this massive project -- the largest ever undertaken on the topic -- demonstrate how clinicians can use a "decision tree" to identify groups of patients at very low and very high risk for violence. This dramatic new finding, and its implications for the every day clinical practice of risk assessment and risk management, is thoroughly described in this remarkable and long-anticipated volume. Taken to heart, its message will change the way clinicians, judges, and others who must deal with persons who are mentally ill and may be violent will do their work.
Author | : Library of Congress. Exchange and Gift Division |
Publisher | : |
Total Pages | : 888 |
Release | : 1987-05 |
Genre | : State government publications |
ISBN | : |
June and Dec. issues contain listings of periodicals.
Author | : John Rubin |
Publisher | : Indigent Defense Manual |
Total Pages | : 321 |
Release | : 2011 |
Genre | : Law |
ISBN | : 9781560116646 |
View this manual, a reference in the School's Indigent Defense Manual Series, free of charge at defendermanuals.sog.unc.edu. The North Carolina Civil Commitment Manual is designed to assist the attorney representing a respondent or minor in civil commitment proceedings. It reviews North Carolina mental health and substance abuse laws pertaining to inpatient and outpatient commitments and admissions. It analyzes in depth the relevant statutes in Chapter 122C of the North Carolina General Statutes and applicable case law. It also discusses the collateral consequences resulting from commitment and the special provisions on commitment of respondents involved with the criminal justice system. Although the manual's focus is on commitments and admissions requiring judicial review, and thus on proceedings requiring the appointment of counsel, the manual is a clear, usable resource for anyone who works in this challenging area of law.
Author | : Deborah L. Dennis |
Publisher | : Springer Science & Business Media |
Total Pages | : 224 |
Release | : 2013-06-29 |
Genre | : Psychology |
ISBN | : 1475797273 |
Forced hospitalization of people with mental disorders has long been a critical issue in the mental health services. Coercion and Aggressive Community Treatment is the first sustained description and analysis of what happens when `aggressive' treatment becomes `coerced' treatment. Mental health professionals poignantly discuss the tension they feel between wanting to do everything to treat desperately ill people and the need to respect the rights of these same people who want to make their own decisions, even if this means forgoing treatment.