"Treating" a homeless mentally ill patient who cannot be managed in the shelter system.
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More than one-third of long-term mentally ill adults live with their families, most with aging parents, a situation that accentuates the need for residential alternatives to home care for deinstitutionalized patients who will out-live their caregivers. The role of parenting mentally disabled adults may also impose undue stress on elderly persons. Objective and subjective parental burden, including fears for the patient's future, are increased by the mental health system's failure to offer education, support, training in problem solving, and a collaborative role in discharge planning to family members. Social policy implications of considering families as primary caregivers include the danger that government will be relieved of responsibility for care of the mentally ill, the creation of a potentially at-risk population among aging parents and other family members affected by the stresses of caregiving, and the reduction of the patient's potential for independent living.
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The grounds for liability in cases of involuntary civil commitment have been broadened in recent years. Psychiatrists and other mental health professionals have been found liable for infringement of civil rights under Section 1983 of the Civil Rights Act and for failure to commit an individual who is subsequently involved in a tragedy. This article reviews recent developments in tort liability in involuntary civil commitment as well as the traditional areas of tort liability, including malpractice, malicious prosecution, false imprisonment, and abuse of process. The authors believe that even in this climate of expanded liability, mental health professionals who follow the letter and spirit of civil commitment laws will continue to enjoy the broad protections from liability afforded them in the past.
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A ten-year longitudinal study of all civil commitments was conducted in a mid-sized county in Washington State, beginning with the 1974 effective date of a more stringent commitment law and encompassing the introduction of more lenient criteria five years later. A major finding was the increase in the number of 72-hour detentions and 14-day commitments that preceded by one year the passage of the broader criteria. The number of detentions continued to rise throughout the study period, while 14-day and 90-day commitments rose but less sharply. Data on repeated detentions showed that 21 percent of the patients were detained more than once. This group of recidivists accounted for 45 percent of the total number of detentions.
To illuminate the role of criminal activity among the homeless, particularly the homeless mentally ill, the author compared 634 arrests of homeless persons with 50,524 arrests in the general population that were made in Baltimore in 1983. Significant differences were found in the demographic characteristics of the two groups of arrested persons and in the types of offenses prompting the arrests. Among the homeless, those arrested were more likely to be male, white, and over age 45 and to have committed trivial, victimless crimes. Evidence suggests that ostensibly serious offenses such as assault, larceny, and burglary charged to homeless persons tended to involve petty thievery, entry into vacant buildings, and other acts aimed at maintaining subsistence in the absence of housing.
Federal law makes it a crime to threaten the life of the President of the United States. However, psychiatric clinicians have no legal obligation to report all such threats encountered in their practice. In deciding whether to report a threat, they must balance their obligation to protect the President with their duty to uphold a patient's rights to confidentiality and to freedom from self-incrimination. The authors present a case highlighting the issues faced by clinicians in deciding whether to report threats made by psychiatric inpatients and offer guidelines for dealing with such situations. In general, responses to patients' threats against the President should follow the Tarasoff principle, which asserts that clinicians who conclude that a patient presents a danger to another person should take steps to protect that person.
As a result of deinstitutionalization, acute care beds in state hospitals have become blocked by patients who lack access to appropriate community placements but who have derived maximum benefit from hospital care. To help plan community services for these patients, this study identified and described patients at an Oregon state hospital who were hospitalized longer than therapeutically necessary because no community facility could treat them. A total of 146 patients were identified during a three-month period, and 81 were described; 65 percent were men, 70 percent were schizophrenic, and 90 percent presented a risk to themselves or others. The patients exhibited few strengths, and one-third had a substance abuse problem, at least one counter-therapeutic attitude, or a need for medical monitoring. The authors describe how new community residential facilities can meet the needs of these difficult patients.
Two clinicians who helped develop the National Center for State Courts' 50 guidelines for involuntary civil commitment assess how well the guidelines address some of the common problems clinicians face during the commitment process. The guidelines with potential to help clinicians call for the establishment of screening agencies to reduce unnecessary commitments; encourage the development of models for outpatient commitment; attempt to ensure that information gathered during the evaluation process reaches clinicians; suggest how clinicians can more validly predict whether a patient is dangerous; and advocate more research and evaluation of civil commitment processes. The guidelines that would hamper good clinical care advocate using lawyers as brokers of services and requiring the courts to approve treatment plans. Clinicians are urged to become familiar with the guidelines.
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In July 1983 Arizona's commitment statutes were revised to allow the courts to order involuntary outpatient treatment for the mentally ill. Using retrospective data from medical and court records, patients at a county hospital in Tucson for whom involuntary commitment was sought before outpatient commitment was available were compared with similar groups of patients after outpatient commitment was instituted. Patients ordered to receive outpatient treatment did not differ significantly in diagnosis or reason for commitment from patients committed to inpatient treatment before the change in the law. However, shorter inpatient stays were reported after outpatient commitment became available. In addition, the percentage of patients who voluntarily maintained an active relationship with community treatment centers six months after commitment increased significantly after outpatient commitment was instituted.
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Data collected in a statewide study of psychiatric patients involved in civil commitment hearings in North Carolina were used to evaluate the effectiveness of outpatient commitment as a less restrictive alternative to involuntary hospitalization. Six months after the commitment hearings, outcome data for patients who were committed to outpatient treatment were compared with outcome data for patients who were released and patients who were involuntarily hospitalized. All three groups comprised patients who were chronically mentally ill, had previously been hospitalized, and had histories of medication refusal and dangerousness. Patients who were committed to outpatient treatment were significantly more likely than patients with the other two dispositions to utilize aftercare services and to continue in treatment.