Mental Health Law Report articles from February 2004

Mental Health Law Report archives from February 2004

Civil rights and mental health.(Election times)(Brief Article)
February 1, 2004... CIVIL RIGHTS AND MENTAL HEALTH. This year marks the 40th anniversary of the Civil Rights Act, the 50th anniversary of the Supreme Court decision in Brown v. Board of Education striking down the "separate but equal" doctrine and the 75th...

Did you hear.(George W. Bush's initiative, mentally ill prsons in the criminal justice system)(Brief Article)
February 1, 2004... DID YOU HEAR President Bush mention in his State of the Union address the plight of people with mental illness in the criminal justice system? The message was implied when Bush announced a $300 million initiative to help people make the...

Mental health, disability advocates join effort to promote wider rights.
February 1, 2004... Democrats in Congress have introduced legislation that would affirm the civil rights guarantees of laws that protect people with mental illness and others from discrimination. The bill, which makes the sweeping but vague promise to...

NYC suit seeks to guarantee services to new parolees with mental illnesses.(New York City)
February 1, 2004... Legal advocates have targeted New York City for denying community-based mental health and substance abuse services to hundreds of people released on parole each year. Three advocacy groups and a law firm filed a suit in U.S. District Court...

Ruling: private hospitals can change voluntary patients to involuntary ones.(State Case, Re James E., Illinois)
February 1, 2004... * (In Re James E., Docket No. 93608, Supreme Court of Illinois): A hospital in Illinois not owned by the state can initiate a petition for involuntary commitment against one of its voluntary patients to facilitate the patient's move to a...

Court orders for involuntary treatment can be subject to change, ruling says.(State Case, Re I.K., North Dakota)
February 1, 2004... * (In Re I.K., No. 20030131, Supreme Court of North Dakota): A court could reverse an order allowing someone to be discharged from involuntary treatment, but still had to show that without treatment the person would substantially harm...

Eligibility for downward departure requires more than mental illness.(State Case, U.S. v. Martin)
February 1, 2004... * (U.S. v. Martin, No. 02-1764, 6th U.S. Circuit Court of Appeals): A district court judge used proper discretion in denying a motion for downward departure, a three-judge panel ruled, indicating that mental illness alone did not create...

Court suspects 'therapeutic seclusion' leans toward punishing sex offenders.(State Case, West v. Schwebke, Wisconsin)
February 1, 2004... * (West v. Schwebke, No. 02-4298, 7th U.S. Circuit Court of Appeals): The Constitution can withstand the division in the mental health community over the proper use of seclusion and restraint, but certain practices might stretch the limits...

Recent parole violations cannot lead to punishment for early sex offenses.(State Case, U.S. v. T.M., Alberta)
February 1, 2004... * (U.S. v. T.M., No. 02-10189, 9th U.S. Circuit Court of Appeals): A defendant charged with sex offenses 20 and 40 years ago could not be considered dangerous absent clear intent to commit another offense, a three-judge panel ruled. It...

Liability.(Marvel v. County of Erie, California)
February 1, 2004... * LIABILITY--(Marvel v. County of Erie, CA 03-00101, Supreme Court of New York, Appellate Division, 4th Department): A hospital was liable for failing to follow its own procedures and prevent a psychiatric patient from tumbling 20 feet out...

State can use prisons for sex offenders as long as felons are kept separately.(Illinois, Allison v. Snyder)
February 1, 2004... * (Allison v. Snyder, No. 03-1570, 7th U.S. Circuit Court of Appeals): Illinois could use a prison to house people detained under the state sex offender act, a three-judge panel ruled. The opinion, written by the same judge as in the...

Patient records.(Carol NN v. Stone, right of access)(Brief Article)
February 1, 2004... * PATIENT RECORDS--(Carol NN v. Stone, 93244, Supreme Court of New York, Appellate Division, Third Department): A patient did not have a legal right of access to a quality assurance review launched by her own complaints, the court ruled....

Involuntary commitment.(Re William G., New York, nurses testimony)(Brief Article)
February 1, 2004... * INVOLUNTARY COMMITMENT--(In Re William G., Index No. MH 03-0280, Supreme Court of New York, Oneida County): The testimony of a nurse practitioner is sufficient to make a prima facie case in involuntary commitment proceedings, the judge...

Involuntary commitment--(Davis v. Settle, No. S-01-1214, Supreme Court of Nebraska).(State Case Briefs, improper retention)(Brief Article)
February 1, 2004... * INVOLUNTARY COMMITMENT--(Davis v. Settle, No. S-01-1214, Supreme Court of Nebraska): A patient who might have been improperly retained does not get relief because he is no longer in custody, the court ruled 7-2. Guy Davis filed a...

Involuntary commitment.(Criminal Case Briefs, Poole v. Goodno, right to a trial by jury, civil commitment procedures, Minnesota laws)
February 1, 2004... * INVOLUNTARY COMMITMENT--(Poole v. Goodno, No. 02-2629, 8th U.S. Circuit Court of Appeals): The right to a trial by jury as enshrined in the Constitution does not apply to civil commitment procedures, a three-judge panel ruled. The...

Involuntary commitment--(Adams v. Bartow, No. 02-3234, 7th U.S. Circuit Court of Appeals).(Criminal Case Briefs, antisocial personality disorder, eligibility for confinement)(Brief Article)
February 1, 2004... * INVOLUNTARY COMMITMENT--(Adams v. Bartow, No. 02-3234, 7th U.S. Circuit Court of Appeals): A sexually violent offender acquitted by reason of insanity could be held for only as long as he had a mental illness, regardless of his dangerous...

Involuntary commitment--(In Re Interest of Kochner, No. S-02-998, Supreme Court of Nebraska).(Criminal Case Briefs, mentally ill sex offender)(Brief Article)
February 1, 2004... * INVOLUNTARY COMMITMENT--(In Re Interest of Kochner, No. S-02-998, Supreme Court of Nebraska): A county mental health board can commit a sex offender involuntarily following the completion of his sentence, the court ruled. Richard...

Ineffective assistance of counsel.(Mallett v. U.S.)(Brief Article)
February 1, 2004... * INEFFECTIVE ASSISTANCE OF COUNSEL --(Mallett v. U.S., Nos. 01-3518/01-3845, 6th U.S. Circuit Court of Appeals): An inmate did not demonstrate a reasonable probability that a challenge to his competency to stand trial would have changed...

Ineffective assistance of counsel--(Bryan v. Mullin, No. 00-6090, 10th U.S. Circuit Court of Appeals).(Criminal Case Briefs)(Brief Article)
February 1, 2004... * INEFFECTIVE ASSISTANCE OF COUNSEL --(Bryan v. Mullin, No. 00-6090, 10th U.S. Circuit Court of Appeals): A death row inmate's counsel was not ineffective for failing to present mental health evidence at the guilt phase of the trial,...

Medicare changes to hit dual eligibles, those with complex prescription needs.
February 1, 2004... The new Medicare law might prove troublesome for individuals with mental illness who qualify for Medicare through the Social Security Disability Insurance (SSDI) program. Medicare is the source of health coverage for 5 million non-elderly...

Copay disparity remains in Medicare for covering mental health treatment.(Copayment, other outpatient services, institutional services versus outpatient services)(Brief Article)
February 1, 2004... The new Medicare law does not create mental health parity under the program, so advocates will continue to push Congress to cover mental health care equally to other health care. Currently, it is easier to use Medicare to pay for...

Mental health courts.(Bureau of Justice Assistance, Council of State Governments)(Brief Article)
February 1, 2004... MENTAL HEALTH COURTS--The Bureau of Justice Assistance (BJA) has named the Council of State Governments (CSG), the coordinator of the Criminal Justice/Mental Health Consensus Project, as the technical assistance provider for the BJA Mental...

State planning funds.(Budget allocations for State Incentive Grants, streamlining state mental health systems)(Brief Article)
February 1, 2004... STATE PLANNING FUNDS--The White House budget proposal for fiscal year 2005 includes a new $44 million initiative, State Incentive Grants for Transformation, for streamlining state mental health systems. The National Mental Health Association...