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[DOWNLOAD] "Virginia Passes Legislation Intended to Expand the State's Ability to Mandate Involuntary Hospitalization and Out-Patient Civil Commitment for Individuals with a Mental Illness" by Developments in Mental Health Law " Book PDF Kindle ePub Free

Virginia Passes Legislation Intended to Expand the State's Ability to Mandate Involuntary Hospitalization and Out-Patient Civil Commitment for Individuals with a Mental Illness

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eBook details

  • Title: Virginia Passes Legislation Intended to Expand the State's Ability to Mandate Involuntary Hospitalization and Out-Patient Civil Commitment for Individuals with a Mental Illness
  • Author : Developments in Mental Health Law
  • Release Date : January 01, 2008
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 86 KB

Description

Responding to the shootings at Virginia Polytechnic Institute and State University (more commonly known as Virginia Tech) on April 16, 2007, that resulted in the deaths of thirty-three persons and to criticisms that the state's civil commitment system for the delivery of mental health services--which had detained the shooter, Seung-Hui Cho, in December of 2005 for a short period of time--had failed to adequately protect public safety, the Virginia General Assembly passed legislation that takes effect on July 1, 2008. This legislation has been characterized as "lowering the standard under which a mentally ill person can be forced into treatment" and "requir[ing] mental health officials to more closely monitor people in community-based treatment." Anita Kumar, Kaine Signs Set of Bills to Modernize Mental Health; Va. Tech Shootings Gave Proposals New Urgency, WASH. POST, Apr. 10, 2008, at B01. Among the revisions made by the legislation were changes to the criteria for civil commitment. Previously the criteria had been whether a person "presents an imminent danger to himself or others as a result of mental illness or is so seriously mentally ill as to be substantially unable to care for himself." The new test will require that there exist "a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs." The legislation also directs that prior to commitment consideration be given to the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available; any past actions of the person; any past mental health treatment of the person; and various other sources of information.


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