lecture13.ppt

Mental Health Services: Legal and Ethical Issues
Chapter 14
Mental Health and the Legal System: An Overview
Mental Health and the Legal System
Guided by ethical principles and state and federal laws
Shifting Perspectives on Mental Health Law
Liberal era (1960 to 1980) – Rights of persons with mental illness dominated
Neoconservative era (1980 to present) – Emphasized limiting rights of mentally ill
The Issues
The nature of civil vs. mitment
Balancing ethical considerations vs. legal considerations
The role of psychologists in legal matters
Rights of patients and research subjects
Practice standards and the changing face of mental health care
mitment: Overview, Criteria, and Oversight Authority
mitment Laws
Address legal declaration of mental illness
Address when a person can be placed in a hospital or institution for treatment
Such laws and what constitutes mental illness vary by state
General Criteria for mitment
Demonstrate that a person has a mental illness and needs treatment
Show that the person is dangerous to self or others
Establish a grave disability – Inability to care for self
Governmental Authority Over mitment
Police power – Protection of the health, welfare, and safety of society
Parens patriae – State acts a surrogate parent
The mitment Process
Initial Stages
Person fails to seek help, but others feel that help is needed
Petition is made to a judge on the behalf of the person
Individual in question must be notified of the mitment process
Subsequent Stages
Involve normal legal proceedings in most cases
Determination is made by a judge regarding whether mit the person
The Concept of Mental Illness in mitment Proceedings
Defining Mental Illness
Is a legal concept, referring to severe thought or behavioral disturbances
Not synonymous with a psychological disorder
Definitions of mental illness vary by state
Mental retardation and substance-related disorders often are excluded
Dangerousness to Self or Others: Central mitment Proceedings
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