Mental Health Law

Mass Shootings at Virginia Tech April 16, 2007, which addresses, among other things, the adequacy of mental health laws and emergency preparedness at the school.

Maryland Civil Commitment Law - Example of an administrative hearing process for deprivations of liberty - since standards for mental health commitment are higher than those for public health commitments, this process could clearly be constitutional for reviewing public health orders.

PROTECTION AND ADVOCACY AGENCIES Involvement in Deinstitutionalization Lawsuits on Behalf of Individuals with Developmental Disabilities, GAO-03-1044, September 2003.

Cases

Psychiatric emergency qualifies for EMTALA - Moses v. Providence Hospital and Medical Centers, Inc., 561 F.3d 573 (6th Cir. 2009) - damages were murder by released patient, court also found that EMTALA did not provide for private remedy against the physician.

Court applies Mathews test to mental health commitments - Born v. Thompson, 117 P.3d 1098, 154 Wash.2d 749 (Wash. 2005) - reviews LaBelle

Brief - Do General Health Care Proxies Allow Voluntary Commitment? Cohen v. Bolduc, 435 Mass. 608, 760 N.E.2d 714 (Mass 2002)

Supreme Court Limits Review of Confinements under Sexual Predator Laws - Seling v. Young, 531 U.S. 250, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001)

Brief - Duty to protect patients against sexual assault by other patients. - Delk v. Columbia-Healthcare Corp., 259 Va. 125, 523 S.E.2d 826 (Va. 2000)

Brief - The Right to Medicate Involuntarily Committed Patients without Consent - Steele v. Hamilton Cty. Community Mental Health Bd., 90 Ohio St.3d 176, 736 N.E.2d 10 (Ohio 2000)

Brief - Insanity acquittee must show clear and convincing evidence that she is not dangerous - Green v. Commissioner of Mental Health and Mental Retardation, 750 A.2d 1265 (Me 2000)

Brief - Police Powers and Sexual Predator Laws - Kansas v. Hendricks, 521 U.S. 346 (1997)

Conservator may consent to medical care for ward - In re Conservatorship of Foster, 547 N.W.2d 81 (Minn. 1996)

Court rejects "accidental commitment" defense in mental health case - Marlus C. Zinermon, et al. v. Darrell E. Burch, 494 U.S. 113, 110 S. Ct. 975, 108 L. Ed. 2d 100 (1990)

State upholds right to confine the mentally ill who cannot care for themselves - In re Detention of Thomas Labelle, 107 Wash. 2d 196, 728 P.2d 138 (Wa. 1986) - excellent policy discussion.

Youngberg v. Romeo, 457 U.S. 307 (1982) - Supreme Court sets standards for the treatment of the confined mentally ill

Supreme Court distinguishes between police power and parens patria for mental health commitment - Addington v. Texas, 441 U. S. 418 (1979)

California requires psychiatrists to warn about dangerous patients - Tarasoff v. Regents of University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 07-01-1976)

Supreme Court Rejects Sterilization of Criminals - Skinner v. Oklahoma, 316 U.S. 535, 62 S. Ct. 1110, 86 L. Ed. 1655 (1942)

Supreme Court Upholds Sterilization of the Mentally Disabled - Buck v. Bell, 274 U.S. 200, 47 S. Ct. 584, 71 L. Ed. 1000 (1927)