Mental Health Law Report articles from February 2005

Mental Health Law Report archives from February 2005

The Zoloft defense.(Slants & Trends)(Brief Article)
February 1, 2005... THE ZOLOFT DEFENSE. The defendant was Christopher Pittman, but it was clearly Zoloft that was on trial. Christopher, 15, blamed the antidepressant for causing him to kill his grandparents when he was 12. Christopher's lawyer said it was the...

Round three.(Slants & Trends)(Brief Article)
February 1, 2005... ROUND THREE? A new state law giving psychologists the authority to write prescriptions took effect in Louisiana last month. The American Psychiatric Association did not miss another opportunity to condemn the measure, as it did when the law...

Death row inmate who wants to die does not demonstrate incompetence.(Latest Finding on Ross)(State v. Ross, Jan. 14, 2005)
February 1, 2005... State v. Ross, Jan. 14, 2005 Supreme Court of Connecticut 272 Conn. 577, SC 17335 A death row inmate's mental disorders and stated decision to end his appeals do not in themselves demonstrate his incompetence to make such a...

Frye allows consideration of evidence outside the record, Illinois court says.
February 1, 2005... In Re Commitment of Simons, Dec. 16, 2004 Supreme Court of Illinois Docket No. 97026 The court upheld an actuarial risk assessment as an acceptable method of assessing sex offenders in involuntary commitment cases, finding that it...

Court narrows interpretation of crane in upholding sex offender commitment.(State v. White, Dec. 23, 2004 )
February 1, 2005... State v. White, Dec. 23, 2004 Supreme Court of Florida 29 Fla. L. Weekly S 821, No. SC02-2277 Jurors in Florida can commit someone as a sexually violent offender without being told that they must determine that the person cannot...

Civil commitment.(Pedersen v. Plummer, Dec. 28, 2004)(Brief Article)
February 1, 2005... Pedersen v. Plummer, Dec. 28, 2004 9th U.S. Circuit Court of Appeals Unpublished, No. 03-15721 The district court erred in concluding that claims of a civilly committed person who sued for not getting treatment were time-barred,...

Court: state properly held in contempt, but assessment of compliance flawed.(Bates v. Department of Behavioral and Developmental Services)
February 1, 2005... Bates v. Department of Behavioral and Developmental Services, Dec. 17, 2004 Supreme Judicial Court of Maine 2004 ME 154, Docket: Ken-03-623 The court upheld a finding that Maine had failed to comply with a plan to implement a...

Decision on involuntary commitment must have complete findings of fact.
February 1, 2005... In Re Mental Health of C.R.C., Dec. 29, 2004 Supreme Court of Montana 2004 MT 389, No. 03-736 The court threw out testimony of a mental health professional who met with a woman only on the morning of her hearing to determine...

Court calls for procedural protections before imposed sex offender treatment.(Coleman v. Dretke)
February 1, 2005... Coleman v. Dretke, Dec. 21, 2004 5th U.S. Circuit Court of Appeals 395 F.3d 216, No. 03-50743 If Texas does not provide proof that a defendant lacks sexual control, the state must afford him a hearing before mandating that he...

Insanity evaluation.(Case Briefs)(State v. Carneh)(Brief Article)
February 1, 2005... State v. Carneh, Dec. 23, 2004 Supreme Court of Washington 103 P.3d 743, No. 75106-4 A defendant may refuse to answer potentially self-incriminating questions during a sanity evaluation without losing the ability to present...

Mental health records privacy.(Case Briefs)(Commonwealth v. Emmil)(Brief Article)
February 1, 2005... Commonwealth v. Emmil, Jan. 4, 2005 Superior Court of Pennsylvania 2005 PA Super 1, No. 157 MDA 2004 The state police accessing mental health records of a person attempting to buy a firearm does not constitute an invasion of...

Involuntary commitment.(Case Briefs)
February 1, 2005... In Re Detention of Willis, Jan. 21, 2005 Supreme Court of Iowa No. 154/03-1877 When determining a sex offender's likelihood of reoffending, the significance of a recent overt act is "the inference against a particular propensity...

SVP classification.(Case Briefs)(sexually violent predator)(Brief Article)
February 1, 2005... In Re Detention of Palmer, Jan. 21, 2005 Supreme Court of Iowa No. 152/03-2004 Contrary to a defendant's claim, a court need not instruct a jury in a civil commitment proceeding that the defendant is presumed not to be a sexually...

Disability benefits.(Case Briefs)(Eacret v. Barnhart)(Brief Article)
February 1, 2005... Eacret v. Barnhart, Jan. 10, 2005 10th U.S. Circuit Court of Appeals Unpublished, No. 04-5062 Depression brought on by changing circumstances could be temporary, and thus does not demonstrate evidence that a woman is eligible for...

Another 'opportunity'.(Legislative Update)(Brief Article)
February 1, 2005... ANOTHER 'OPPORTUNITY'--Sen. Charles Grassley (R-Iowa) and Sen. Edward Kennedy (D-Mass.) have reintroduced the Family Opportunity Act, which would allow families with children with disabilities, including mental illness, to "buy into" Medicaid...

School help.(Legislative Update)(Brief Article)
February 1, 2005... SCHOOL HELP--Rep. Barbara Lee (D-Calif.) introduced a bill, H.R. 559, to authorize grants to states for assistance in hiring additional school-based mental health and student service providers. Contact: House Education and the Workforce...

Eating disorders.(Legislative Update)(Brief Article)
February 1, 2005... EATING DISORDERS--Rep. Judy Biggert (RIll.) introduced a House resolution, H.Res. 13, that encourages increased public awareness of eating disorders and expanded research for treatment and cures. Contact: House Energy and Commerce subcommittee...

Medicare restrictions.(Legislative Update)(Brief Article)
February 1, 2005... MEDICARE RESTRICTIONS--The Autonomy for Psychologists and Social Workers Act (S. 70) would remove the restriction that a clinical psychologist or clinical social worker provide services in a comprehensive outpatient rehabilitation facility only...

Nurse work hours.(Legislative Update)(Brief Article)
February 1, 2005... NURSE WORK HOURS--The Registered Nurse Safe Staffing Act (S. 71) would limit the number of mandatory overtime hours a nurse may be required to work at certain Medicare providers. It would require Medicare-covered hospitals to adopt and...

Mentally ill offender exams.(Legislative Update)(Brief Article)
February 1, 2005... MENTALLY ILL OFFENDER EXAMS--The Psychiatric and Psychological Examinations Act (S. 88) would allow clinical social workers to conduct examinations of offenders deemed to have a mental disease or defect. Contact: Senate Judiciary Committee,...

Education.(Legislative Update)(Brief Article)
February 1, 2005... EDUCATION--The Strengthen the Public Health Service Act (S. 89) would allow students enrolled in graduate psychology programs to participate in various health professions loan programs.... The National Center for Social Work Research Act (S....

Use of detention.(Legislative Update)(Brief Article)
February 1, 2005... USE OF DETENTION--Youth with mental illness are held in California detention centers without any charges against them, and the average stay for these youth is about twice as long as the average stay for all detainees, according to a report by a...

Legislation would cut federal funding from mandatory screening programs.(Closing Argument)
February 1, 2005... An old argument between the mental health community and psychiatry skeptics is playing itself out in new legislation. The New Freedom Commission on Mental Health, which President Bush established in 2002 to report on the state of mental...