Association Executive Directors Community

  • 1.  Mental Hygiene/Civil Commitment Transportation

    Posted 07-29-2021 15:30

    Good morning,

     

    I am leading a group to revise our mental hygiene (involuntary commitment) procedures in West Virginia.

     

    Here is our probable cause process now:

    1. I person files a petition with the court.
    2. A local mental hygiene commissioner accepts the petition.
    3. The local sheriff is ordered to pick the person.
    4. One of our member agencies evaluates the individual for danger to self or others.
      1. (medical clearance is sought)
    5. A forthwith hearing is held, and a decision is rendered.
    6. If the person is deemed a danger to self or others the sheriff transports them to the admitting hospital.

     

    Seem straightforward, but every circuit does it a bit different.

     

    I was wondering what you states do?  Especially around the transportation piece.  The sheriffs really want out of the business.

     

    Also we would like to conduct virtual (video) probable cause hearings.  Is anyone doing those?

     

    I would appreciate any ideas you may have for improving our upcoming project.

     

    Thanks,

    Mark

     

     



  • 2.  RE: Mental Hygiene/Civil Commitment Transportation

    Posted 07-30-2021 12:05
    The District also has police/sheriff transport anyone deemed a danger to self or others. They would also like out of the business, but no one else has authority to use some of the restraint tactics (that is, handcuffs) used by MPD, and no one else has authority to lock doors to prevent people from absconding. Ambulance / EMT doesn't want to touch the cases if they're involuntary.

    I'd also be grateful to know if there are other places that have found a way to restrain and avoid people absconding using non-law enforcement responses.

    We've had virtual probable cause hearings and broader mobile court during the public health emergency, but with the end of the public health emergency, public defender is insisting on reinstating in person hearings, against objections of hospital staff and the government attorneys.

    Mark LeVota
    Executive Director
    District of Columbia Behavioral Health Association
    *** o: 202-929-3757 *** PLEASE NOTE NEW NUMBER





  • 3.  RE: Mental Hygiene/Civil Commitment Transportation

    Posted 07-30-2021 12:05
    Clearly I didn’t proof that. But you guys get the drift.

    Thanks
    Mark




  • 4.  RE: Mental Hygiene/Civil Commitment Transportation

    Posted 07-30-2021 12:05

    TN passed a law that allows for alternative transportation when the person is considered safe to transport by means other than a sheriff.  See - http://www.ctas.tennessee.edu/content/transportation-mentally-ill-persons-involuntary-commitment

     

    https://www.lawserver.com/law/state/tennessee/tn-code/tennessee_code_33-6-901

     

    Mary  Linden

     






  • 5.  RE: Mental Hygiene/Civil Commitment Transportation

    Posted 07-30-2021 15:27

    Thanks Mary-Linden!

     

     






  • 6.  RE: Mental Hygiene/Civil Commitment Transportation

    Posted 08-03-2021 10:07
      |   view attached
    Hello Mark,
    Mary Linden is correct about the TN law that allows alternative transportation. It hasn't been as successful as we had hoped because professionals who are involved have been hesitant to allow individuals being hospitalized involuntarily to be transported by family or friends. 

    In case you are interested in more information about our involuntary process, I am attaching our state's crisis manual - the transportation process is outlined on p. 58.

    ------------------------------
    Ellyn Wilbur
    Executive Director
    Tennessee Association of Mental Health Organizations
    Nashville TN
    615-244-2220 ext. 12
    ------------------------------

    Attachment(s)