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.