Questions tagged [mental-health]

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Are involuntary commitment hearings under the NYS Mental Hygiene Law heard in the county or city court?

All in the title, unfortunately. Under the mental hygiene law one is entitled to a hearing following a 2-physician certification of involuntary treatment worthiness. What type of court is this type of ...
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How to request stenographic transcripts of psychiatric commitment proceedings under NYMHL from Westchester County Court's archive?

What is the process for obtaining transcripts of the judicial involuntary psychiatric commitment hearing and what form exactly would they be provided in?
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What is the SCOTUS's standard of *dangerousness* in decisions of involuntary psychiatric commitment?

It seems that the standard of immediacy/imminence of the dangerousness was not ever that well defined by the SCOTUS. This is the best, most comprehensive reference on the matter that I've been able to ...
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How immediate must one's risk of harm be to self or others to be involuntarily held for psychiatric evaluation in the US?

What are the criteria and standard of posed danger for someone to be deprived of liberty on psychiatric grounds in the US? I suppose the supreme court has ruled on this matter in a way that would be ...
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Who is responsible for incapacitated persons house key?

I am a little confused as to who has the responsibility for looking after the key to the house of someone we know that tried to commit suicide. The events: Alice enters a coma I perform a wellness ...
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What is the legal process for a patient under psychiatric hold (or their representative) to request a transfer to a different facility?

Suppose a patient is involuntarily committed to a psychiatric facility in Colorado. However, the patient feels that they are receiving inadequate care at their current facility, and would prefer to be ...
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What are the requirements to have someone who is suicidal held involuntarily if they presented for help to A&E?

In the U.K (speciffically England) if someone experiencing a mental health crisis and non-specific suicidal thoughts attends A&E seeking support and coping strategies, whether that is advice or ...
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Is it legal for a hospital to disclose details of one's forced hospitalization hearing to a family member?

My mother had me involuntarily admitted in NY State, and the hospital deemed me fit for discharge. There were delays and during that time my mother called in protesting my scheduled discharge. My ...
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What percentage of NYS Mental Hygiene Discharge request hearings are adjudicated in favor of the hospital, or where can this information be found?

In the NYS Mental Hygiene Law, after one is admitted involuntarily by the certifications of 2 physicians, they may be held for 60 days without a judicial intervention. However, if upon being admitted, ...
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Mental health consumer rights (UK)

Are there any specific UK laws that deal with the following? I've struggled with mental health problems most of my adult life and am currently on the waiting list for an nhs referral to a psychiatrist....
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The relevance of Article 8 in consent to a sexual act for mentally ill people in UK?

I have been watching a Supreme Court hearing, and there are certain things that I don't understand. I have also not been able to find what these things mean on the internet. I will ask them as ...
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What is meant by the father and the bride test?

I have been watching a supreme court hearing, and there are certain things that I don't understand. I have also not been able to find what these things mean on the internet. I will ask them as ...
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Who decides DNR decision when patient is non compos mentis?

My 83 year old mother's mental and physical health has deteriorated rapidly in last six months. At this point, she asks if her mother (dead 35 years) is coming to see her, if her grandchildren are ...
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In Germany, are doctors within the same institution able to access any patients' medical records?

I have a friend living in Germany who is seeking therapy in her small town. However, a problem that she is facing is that all of the psychological/psychiatric institutions in her town are managed by ...
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I gave my landlord my a N9 form to end a 1 year lease due to allergies and she is refusing to accept it. Is that illegal do I have recourse with LTB?

I have a one year lease, I've only lived in the unit for 2 months. My landlord has lied to me multiple times by making verbal agreements then going back on them. Her lies included other tenants and ...
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When does "mental health" factor into penalizing an individual?

What is the reason behind a person with poor mental health wouldn't face the same repercussions as someone with good mental health for breaking the law? In extreme situations it could be used as a ...
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What are my rights if my neighbor is belligerent in his own home?

I live in a condo and my neighbor with a shared wall has violent and profane outbursts. We believe he has a mental problem and has episodes of loud yelling and slamming doors/throwing furniture. It ...
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The stance on sentencing criminals with personality disorders in the UK

I am wondering what the stance of the UK legal system is on someone who was convicted of assault (ABH) with some kind of personality disorder, e.g NPD. On reading this there is some stance. But how ...
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Firearm ownership after an involuntary mental health commitment

Seven years ago, I was involuntarily committed by court order for a mental health issue. However, it was a one-time occurrence, I have not been hospitalized since, and I've made a full recovery. Can I ...
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Are documents generated by the patient part of psychotherapy notes under HIPAA?

HIPAA defines psychotherapy notes as follows (emphasis added): Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or ...
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When was homosexuality as the reason for institutionalization outlawed in the US?

In the United States, I'm guessing that one can no longer commit a person to a mental hospital (AKA insane asylum) with the only reason for commitment being: "said person is gay". Homosexuality is no ...
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What constitutes having a history of violent behavior against the person or another according to Maryland firearms law?

According to Maryland statutes, Title 5, Subtitle 2, § 5-205 (b) (6) (my emphasis), someone who suffers from a mental disorder as defined in § 10-101(i)(2) of the Health - General Article and has a ...
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2 votes
1 answer
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What is a "significant behavioral, emotional, or mental disorder" for the purpose of firearm disqualification in Hawaii?

According to Hawaii Statutes §134-7 (3) (my emphasis), no person who Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current ...
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Gun ownership prior to involuntary commitment

My father gave me a family gun when I was 16. Let's say I was involuntarily hospitalized recently do to an antidepressant overdose. Am I required to turn in my gun?
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FAA medical certification and the American with Disabilities Act

I'm in my early thirties and a recovered addict with a former diagnosis for bipolar disorder with psychotic features. However, I've been sober for five years, off all medications for four, and ...
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Legal Liability for mentally infirm

(This is a fictionalized question to help me understand an element of liability I stumbled across recently. My parents are not infirm and do not live with me) I am well past the age of majority. ...
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Mental Capacity of family member with means

I have a family member who has over the last few years made quite a lot of money. Recently he has been diagnosed with bi-polar. He is ATM off his meds and is currently on a 'high' and spending a ...
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2 votes
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Can I refuse to provide information when a police officer asks about my mental health?

The studies aren't conclusive but some seem to suggest those with mental health diagnoses tend to be treated differently by police officers. For example, Watson, Corrigan Ottti report that ...
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Can a police officer report to a psychiatrist?

In the United States, a psychiatrist calls a police officer under Tarasoff to report a possible danger. The police officer speaks with the potentially dangerous person and the dangerous person's ...
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3 votes
2 answers
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Is it against HIPAA law for a high school to keep records of a mental health survey administered to all students?

At my son's high school, the administration administered a "Strengths and Difficulties Questionnaire" (SDQ) during class, which posed statements such as "I am often unhappy, depressed or tearful" and ...
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To what extent can mental illness create a defence or mitigation against liability in a civil case?

I'm thinking here of both UK and US law, which I assume will differ. Suppose a defendant in a civil case (type of case unspecified) would ordinarily have no defence against the plaintiff/claimant's ...
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Taking control of an adult's healthcare

John Smith is over 18 but under 26. He lives with his parents in California. He has been diagnosed with bipolar disorder with possible comorbid psychological disorders. John has been hospitalized ...
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Negligence of psychiatrist

What percentage of patients who attempted to sue their psychiatrist for negligence have succeeded?
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In Canada is it legal for a doctor not to be able to do something they should know?

This is a strange question. A few years ago I was a victim of a crime and I had been feeling bad about it. I go to University and once was told it's a good idea to make use of the counselors there ...
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2 answers
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Can a person be prosecuted for their thoughts?

Let's assume I'm thinking about ___ [1] - am I liable to prosecution? I assume that having thoughts of any kind is not illegal and therefore cannot be prosecuted. We are not in "Minority Report" - ...
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8 votes
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Was I forced into a mental hospital legally?

If, after an accidental Xanax overdose, a person went to the ER to be safe, is it legal for the hospital to force them into a psychiatric hospital for three days? What if the person told the nurses it ...
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1 answer
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What is the likelihood of successfully suing a psychologist for detaining you under the Mental Health Act (UK)

My friend was sectioned (= committed) some years ago by two social workers and a psychologist. He now believes it was unjust and wants to "clear his name". I have advised him to drop it ...
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4 votes
1 answer
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How does the process of a law appointed therapist work?

Say, for example, when a high school student is charged with a Minor in Possession for possessing alcohol, or with a similar charge for some other controlled substance. My understanding is that for ...
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6 votes
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(US) Under what circumstances can a person be forced to enter a facility for having a mental illness?

Though this question would be great to know for various legal systems, I'm tagging this with united-states since it will likely be complicated enough with just a single country being considered. When ...
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