Developments in Mental Health Law

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Volume 39, Issue 1, Fall 2020

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This issue of DMHL presents (a) an article about supported decision-making; (b) an overview of behavioral health-related legislation in the 2020 general and special sessions of the Virginia General Assembly; and (c) outlines of significant recent cases in various federal and state courts.

A follow-up study of Virginia’s practice of conducting emergency evaluations for individuals subject to involuntary civil admission-HB 2368 (2015)

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November 1, 2017

A REPORT OF THE
HB2368 Workgroup
CONVENED BY THE
Department of Behavioral Health and Developmental Services

A follow-up study of Virginia’s practice of conducting emergency evaluations for individuals subject to involuntary civil admission

Developments in Mental Health Law

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Volume 38, Issue 1, Summer 2019

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This issue of DMHL presents (a) an update on the SJ 47 Joint Subcommittee; (b) an overview of behavioral health related legislation enacted in the 2019 General Assembly session; (c) an article about providing emergency medical care without informed consent; and (d) outlines of significant recent cases in various federal courts.

In This Issue:

In Memoriam [p. 1]

I. Article: SJ 47 Joint Subcommittee Update [p. 2]

II. Behavioral Health Related Legislation Enacted in the 2019 General Assembly Session [p. 26]

III. Providing Emergency Medical Care without Informed Consent: An Important Decision from a Federal District Court [p. 32]

IV. Case Law Developments
United States Supreme Court [p. 38]
Fourth Circuit Court of Appeals [p. 39]

V. Institute Programs [p. 43]

Final Report of the SJ 47 Statewide TDO Task Force

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J.E., Oliver, R.J. Bonnie
March, 2019

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia

This final report of the SJ 47-initiated TDO Task Force summarizes and updates the key findings and recommendations from the December 2018 Task Force Report, together with “next steps” that the Task Force was expecting to address in the anticipated second year of work before the General Assembly directed the Secretary to establish the SB 1488 Work Group to address the TDO crisis.

The TDO patient crisis in state hospitals: contributing factors, possible responses and continuing challenges

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S.A. Larocco, R.J. Bonnie
December, 2018

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia

These data regarding the increase in TDO admissions to state hospitals were presented at the December 4, 2018 TDO Task Force meeting. Ashleigh Allen updated the slides with the most up-to-date data in April, 2019.

Mental Health Crisis Emergency Response: Improving Care for People in Crisis in Virginia

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Report to SJ 47 Joint Subcommittee and the Statewide Stakeholder Task Force Summarizing Deliberations of Regional Stakeholders Meetings

October, 2018

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia

In response to the current crisis, the Joint Subcommittee to Study Mental Health Services in the 21st Century established a statewide Task Force to conduct a comprehensive study of the factors contributing to the crisis and to identify possible solutions. In collaboration with the SJ 47 Expert Panel on Emergency Services and Crisis Response, the Task Force convened stakeholder meetings over the course of several months in 2018 in each of the five Primary DBHDS Regions in Virginia. This preliminary report summarizes the observations, viewpoints, and recommendations that emerged out of that process. In addition, specific proposals for changes to or additional services for the crisis response system have been developing, with some of them emerging out of the regional meeting process and others having already started independently. Those service proposals, which are in various stages of conceptual development, are briefly described at the end of the report along with recommendations for how their development may be supported by financial or statutory actions of the General Assembly.

Developments in Mental Health Law

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Volume 37, Issue 2, Winter 2018/2019

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This issue of DMHL presents (a) commentary regarding extreme risk protection orders; (b) an article from the American Psychiatric Association that provides an overview of risk-based gun removal laws; and (c) outlines of significant recent cases in various federal and state courts.

In This Issue:

I. Commentary: Extreme Risk Protection Orders — Effective Tools for Keeping Guns out of Dangerous Hands [p.2]

II. Article: APA Resource Document on Risk-Based Gun Removal Laws [p.6]

III. Case Law Developments
United States Supreme Court [p.17]
Federal Circuit Court Decisions [p.18]
State Court Decisions [p.26]

IV. Institute Programs [p.29]

Regional Variations in Civil Commitment Proceedings for Adults in Virginia, FY 2016

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TM Ko, AA Allen, KM Faris
February, 2019

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia

This report addresses regional variations in Emergency Custody Orders (ECOs), Temporary Detention Orders (TDOs), the disposition of commitment hearings, commitment orders, and other actions related to civil commitment for FY 2016.

Characteristics of Adult Residential Crisis Stabilization Units in Virginia

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S.A. Larocco
October, 2018

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia

In recent years there have been dramatic increases in admissions to both public and private hospitals. Residential crisis stabilization units (CSUs) have been suggested as a possible solution to this problem, allowing an alternative environment where people in crisis can go instead of the hospital. This report explores the characteristics of Virginia’s adult CSUs, including the populations they work with and the features and resources that allow them to do their work. CSUs work with patients with depression, anxiety, bipolar disorder, post-traumatic stress disorder or substance use disorder, but they are not equipped to care for patients with medical complexities.

Children’s Residential Crisis Stabilization Units

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S.A. Larocco
August, 2018

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia

As psychiatric hospitalizations increase in Virginia and the census at the Commonwealth Center for Children and Adolescents is at an all-time high, advocates and policymakers look for alternatives to hospitalization to ameliorate the problem. One such alternative is the crisis stabilization unit, a therapeutic environment for people in a sub-acute state of crisis. Current approaches used in these programs are geared toward patients with depression, anxiety, post-traumatic stress disorder, substance use disorders and executive functioning deficits.

Developments in Mental Health Law

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Volume 37, Issue 1, Spring 2018

 

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This issue of DMHL presents two updates on Virginia mental health law and mental health initiatives including an overview article SJ 47 Joint Subcommittee: Mental Health Initiatives at the 2018 General Assembly Session; (b) a Data Corner discussing Incidence and Characteristics of TDOs in Psychiatric Admissions to UVA Hospital in 2015; and (c ) outlines of significant recent cases in various federal and state courts.

In This Issue:

I. Article: SJ 47 Joint Subcommittee: Mental Health Initiatives at the 2018 General Assembly Session [p. 1]

II. Update: Mental Health Related Bills Introduced in the 2018 General Assembly Session [p.12]
Bills Related to Mental Health That Have Survived [p.13]
Bills Carried Over to the 2019 Session [p.23]
Bills Related to Mental Health That Did Not Survive [p.24]

IV. Case Law Developments
United States Supreme Court [p.34]
Federal Circuit Court Decisions [p.35]
State Court Decisions [p.40]

V. Institute Programs [p.47]

Increased Utilization of State Hospitals from Fiscal Year 2017 to 2018

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S.A. Larocco, R.J. Bonnie
April, 2018

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia

Over the past three years, temporary detention order (TDO) admissions to state psychiatric hospitals have been on the rise in Virginia. The current report focuses on increases in TDO admissions to state hospitals from the first half of fiscal year 2017 to the first half of fiscal year 2018. Fiscal year 2018 saw the greatest increase in TDOs to state hospitals in recent history, largely the result of reduced TDO admissions to private hospitals.

Trends in Utilization of Adult Psychiatric Beds in Virginia

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R.J. Bonnie, S.A. Larocco
February 2018

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia.

Over the past five years, admissions to state psychiatric hospitals have increased by 55%. This report looks at the changing nature of those admissions, as admissions under temporary detention orders are taking up an increasing share of hospital capacity. The greatest increase in state hospital admissions occurred in the 2016 fiscal year, and this increase was driven by temporary detention orders. Forensic admissions have been increasing steadily, but more slowly, and other civil admissions have been in sharp decline.