Emergency detention of persons with certain mental disorders during public health disasters: Legal and policy issues
DOI:
https://doi.org/10.5055/ajdm.2012.0102Keywords:
law, emergency detention, mental healthAbstract
Public health emergencies (disasters) are associated with mental health conditions ranging from mild to severe.When persons pose a danger to themselves or others, a brief emergency detention allows a mental health assessment to determine if a lengthier involuntary civil commitment is needed. Involuntary commitment requires participation of the civil justice system to provide constitutionally mandated due process protections. However, disasters may incapacitate the judicial system, forcing emergency detainees to be prematurely released if courts are unavailable. The authors review state laws regarding emergency detention of persons deemed a potential mental health-related danger. Although some states are well prepared for the dual impact of disasters on mental health and the court system, important gaps exist.The authors recommend that state laws anticipate the need for brief extensions of emergency detention periods without court participation. States should also include mental health considerations in their disaster preparedness plans for the court system.References
Stier DD, Nicks D, Cowan GJ: The courts, public health, and legal preparedness. Am J Public Health. 2007; 97(S1): S69-S73.
Birkland TA, Schneider CA: Emergency management in the courts: Trends after September 11 and Hurricane Katrina. Justice System J. 2007; 28(1): 21-35.
Yun K, Lurie N, Hyde PS: Moving mental health into the disaster-preparedness spotlight. N Engl J Med. 2010; 363(13): 1193-1195.
Hodge JG, Rutkow L, Corcoran AJ:A hidden epidemic:Assessing the legal environment underlying mental and behavioral health preparedness in emergencies. St Louis U J Health Law Policy. 2010; 4(1): 33-92.
Rutkow L, Vernick JS,Wissow LS, et al.: Prescribing authority during emergencies: Challenges for mental health care providers. J Leg Med. 2011; 32(3): 249-260.
Potash MN: The struggle of mental healthcare in New Orleans—One case at a time. Psychiatry. 2008; 5(7): 32-41.
Weisler RH, Barbee JG, Townsend MH: Mental health and recovery in the gulf coast after hurricanes Rita and Katrina. JAMA. 2006; 296(5): 585-588.
Meyer RG,Weaver CM: Law and Mental Health: A Case-Based Approach. New York, NY: Guilford Press, 2006.
Md. Code Ann., Health § 10-625 (2011).
Ala. Code § 22-52-91 (2011).
N.M. Stat. § 43-1-11 (2011).
Ariz. Rev. State. Ann. § 36-526 (2011).
N.Y. Exec. Law § 29-A (2011).
Tex. Health & Safety Code Ann. § 573.021 (2011).
Homeland Security Council: National continuity policy implementation plan. Available at http://www.fema.gov/pdf/about/org/ncp/ncpip.pdf. Accessed October 2, 2012.
Conference of State Court Administrators: Position paper on emergency preparedness in the state courts. Available at http://cosca.ncsc.dni.us/WhitePapers/EmergencyPreparednessStateCourts_Dec06.pdf. Accessed October 2, 2012.
New York State Unified Court System: New York State Public Health Legal Manual: A Guide for Judges, Attorneys and Public Health Professionals. New York, NY: New York State Bar Association, 2011.
Bureau of Justice Assistance and National Center for State Courts: Continuity of Court Operations, Steps for COOP Planning. Available at http://www.ncsconline.org/D_Research/coop/toolkit.pdf. Accessed October 2, 2012.
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