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Emergency detention of persons with certain mental disorders during public health disasters: Legal and policy issues

Jon S. Vernick, JD, MPH, Maxim Gakh, JD, MPH, Lainie Rutkow, JD, PhD, MPH

Abstract


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.

Keywords


law, emergency detention, mental health

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References


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DOI: https://doi.org/10.5055/ajdm.2012.0102

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