Developments in Mental Health Law

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Volume 31, Issue 5, July 2012

Topics: Affordable Care Act Upheld As Tax - Medicaid Expansion Would Significantly Impact Behavioral Health Care; Study Presented to JCHC Finds Longer Periods of Temporary Detention Lead to Reduction in Civil Commitments; Inspector General Presents “Failed TDO,” Barriers to Discharge and Forensic Services Reports to JCHC

Developments in Mental Health Law

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Volume 31, Issue 2, February 2012

Topics: Virginia Settles DOJ CRIPA/ADA Investigation; Three Virginia Jurisdictions Establish Specialized Mental Health Dockets; Recently Decided Cases: Fourth Circuit Finds Federal Commitment of Sexually Dangerous Persons Does Not Violate Equal Protection, California Supreme Court Rules Court Has Discretion Whether to Permit Competent Defendant to Represent Self, Maine Supreme Judicial Court Finds Right to Competency in Post-Conviction Proceedings

Developments in Mental Health Law

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Volume 31, Issue 1, December 2011

Topics: College Mental Health Study Measures Student Access; CMS Administrator Answers Virginia IG on Restraint Usage; AG Issues Opinion on ECO/TDO Transports for Town Police; Recently Settled and Decided Cases: DOJ/Delaware Settle ADA Investigation; Washington Court Finds No Constitutional Mandate to Represent Self; 1st Circuit Finds No Fault in Failure to Request Competency Evaluation

Developments in Mental Health Law

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Volume 30, Issue 6, July 2011

Topics: Mental Health Law Reform Commission Legislative Proposals; Proposed Rules of Court on Invol. Commitment Proceedings; Inspect Gen Equates OAG Advice on Restraints to Abuse and Neglect; Recently Decided Cases: DOJ loses AK CRIPA/ADA case, DE Settles DOJ ADA Investigation, Prior Negative Sex Offender Determination No Bar to SVP Commitment, Counsel Failure to Seek Mental Health Exam Does Not Overturn Capital Sentence, Burden on Defendant to Prove Incompetence at Retrospective Compet. Hearing

Developments in Mental Health Law

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Volume 30, Issue 5, June 2011

Topics: Study on Reducing Mental Health Civil Commitments through Longer TDO Periods; VA College Mental Health Survey; Recently Decided Cases:US Sup Ct-CA Failure to Provide Treatmt Inmates w/SMI, 9th Circ-NGRI Acquittee Appeal Crim Proceedings, 9th Circ-Test for Mental Impairment for Fed Habeas, TN Sup Ct Expert Testimony for Capital Defendant-Cognitive Ability/IQ Scores

Developments in Mental Health Law

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Volume 30, Issue 4, May 2011

Topics:MH Law Reform Comm Final Mtg; US Sup Ct Allows VOPA Sue DBHDS; VA Gen Assem Budget Update; Recently Decided Cases:US Sup Ct Declines Rev 7th Circ Decis IN Sue-Obtain Records, US Sup Ct Upholds Death Penalty-Defend Atty Did Not Present Bipolar Mood Disorder Evid, US Sup Ct Declines Hear MO Sup Ct Find Ineffec Counsel-Failure Call MH Expert, AK Denies Insan Acquit Appeal, US Sup Ct Declines Hear Appeal 5th Circ Dismiss Suit State Endangermt-Death Police Detain Man w/MI, VT ExParte Communic

Developments in Mental Health Law

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Volume 30, Issue 3, April 2011

Topics: National Healthcare Decisions Day-April 16, 2011; Behavioral Health and Criminal Justice Transformation Update; 2011 VA General Assembly Session; Recently Decided/Pending Cases: Class Action Filed Alleging TX Violates ADA in Failing to Provide Community-based Svcs, Government Fails to Carry Burden to Forcibly Medicate Incompetent Defendant, SVP Petition Cannot Be Filed in NY When Respondent Not in Custody for Sex Offense, Hospital Not Liable for Counselor's Sexual Harrassment of Patients

Developments in Mental Health Law

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Volume 30, Issue 2, March 2011

Topics: VA Use of Mandatory Outpt Treatment(MOT) & Step-Down MOT; Draft Rules of Court-Invol Civil Commitment Proceedings; DOJ Finds VA Violates ADA/Olmstead; Recently Decided Cases: VA Sup Ct Permits SVP Rescind Refusal to Cooperate--Gen Assem Estab Procedure, Ct Authorizes Lay Testimony-Defendants Behavior Since Iraq Return to Support Insanity Defense, Civil Rights Complaint Alleging 4th Amendmt Violation-Death of Man w/Bipolar Disorder Dismissed, TN Dismisses EMTALA Complaint-Suicide Case

Developments in Mental Health Law

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Volume 30, Issue 1, March 2011

Topics: Alternative Transportation; Update on Implementation Plan for Advance Directives in VA; Advance Directive Websites; Recently Decided and Pending Cases: US v. Georgia (ADA settlement agreement), VOPA v. Stewart (State P&A suits against state officials), US v. Tennessee (Arlington Dev. Center consent decree), US v. White (application of Sell criteria), Moore v. Superior Court of Los Angeles County, CA (SVP); Frequently Asked Questions on Virginia’s Civil Commitment Process