By Jamaal R. Jones, Esq., blackdoctor.org
Millions of people are living with various types of mental health issues. Many of them may not be aware of the existence or severity of these mental health issues. Unfortunately, those in need are apprehensive about seeking treatment because they don’t think that they need treatment or they are afraid of the stigmas associated with those suffering from mental health issues.
According to the National Alliance on Mental Illness only 25% of African-Americans seek treatment for mental health issues compared to 40% of whites. African-American women residing in urban neighborhoods categorically suffer from severe depression more than any other gender and racial group, due to socio-economic problems and other factors.
There are over 200 classifications of mental illness that a loved one or you may be afflicted with. “Mental illness” means an impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person’s ability to meet the ordinary demands of living. The most common types of mental illnesses include dementia, clinical depression, schizophrenia, bipolar disorder, ADHD, suicide, and anxiety disorders. It’s difficult to determine whether you suffer from any of these illnesses without seeking the appropriate help from someone who can properly diagnose you.
Several laws have been enacted to protect those suffering from mental health issues. Many people ask “What legal action can I take if my loved one does not want to seek the treatment that they need?” There are several options available depending on the laws in your state, including, but not limited to, involuntary placement. Most states have adopted variations of the Mental Health Act, which created guidelines and procedures involuntary placement.
For example, the Florida Mental Health Act, commonly referred to as the “Baker Act” allows for the involuntary placement of an individual into a hospital or treatment facility for an evaluation and examination when it is believed that the person is suffering from mental, emotional or behavioral disorders. In order to commit someone to a treatment facility, a petition for involuntary placement must be completed, which includes the names, addresses, and telephone numbers of the patient’s guardian or representative.
An involuntary examination may be initiated by the following means:
- Through court order stating that the person meets the criteria for involuntary examination, giving the findings on which that conclusion is based. This order must be based on spoken or written testimony;
- Law enforcement officers can take a person to the nearest facility for examination if they appear to meet the criteria for involuntary examination; or
- A physician or other appropriate healthcare provider may execute a certificate stating that they have examined the person within the preceding 48 hours and have found that the person meets the criteria for involuntary examination.
A patient who has been involuntarily placed in a treatment facility must be examined by the receiving facility within 72 hours. This is called the 72-hour rule. The 72-hour period runs when the patient arrives at the facility. Within the 72-hour examination period, one of the following steps must be taken depending on the patient’s needs:
1. The patient must be released, unless he or she is charged with a crime, in which case the patient will be returned to the custody of a law enforcement officer;
2. The patient must be released or they can consent to receive voluntary outpatient or inpatient treatment; or
3. A petition for involuntary placement shall be filed in the circuit court when outpatient or inpatient treatment is deemed necessary.
Some states have right to treatment laws, which states that no one suffering from a mental illness can be denied treatment or receive delayed treatment from a treatment facility because of their inability to pay. However, every reasonable effort to collect appropriate reimbursement for the cost of providing mental health services to those able to pay for services, including third-party payments can be made by the treatment facility.
Facilities usually have a duty to provide a certain level quality of treatment. Typically, this requires the patient to receive treatment suited to his or her needs in a skillful, safe, and humane manner with full respect for the patient’s dignity and personal integrity.
If you feel that you or someone you know needs to receive treatment for a mental illness please seek the appropriate help. Mental health laws around the country are designed to protect you and your loved ones. The laws may be difficult to understand but a competent attorney can help you understand them so that you or someone you know can receive the treatment that is needed.
