Mental Health Know Your Rights Workshop Agenda
Submitted by hannasolo on Thu, 04/16/2009 - 8:56pmIntroduce myself
• Personal experience mental health system
• Organizing background – ask for show of hands of who has been harmed by the mainstream “mental health” system
• Where this info came from/non expert
• Hopes for developing workshop
o Community Knowledge-building
Group go-round introduction
• Name
• what you hope to get out of the workshop
• keep brief
Workshop Agreements – post so participants/newcomers can see
• Confidentiality
• Non-judgement/amnesty
• Step up/step back
• Expect unfinished business
• Speak from own experience
• Don’t interrupt
Agenda Review
History
• It used to be that anyone could get someone else committed indefinitely
o Criminalization, forced shock therapy
o Lanterman-Peteris-Short Act (LPS) 1968
o To end the inappropriate, indefinite and involuntary commitment of mentally disordered persons
o This gave people being held in a mental facility the right to legal council
• Move from Institutions to community care, but funding didn’t follow – Reagan governor
• There was a movement to change this 1970s Mental Health Patients’ Self Help Movement
o Rich history – exclusion of non-patients, self empowerment, advocacy
o Insane Liberation Front
o Resources: The Ex-Patients' Movement: Where We've Been and Where We're Going, By Judi Chamberlin
• The Journal of Mind and Behavior/ National Empowerment Center website
o Justice for women, people of color, children
• State has to provide mental health care – mostly provided at the county level – when the budget is tied up $ doesn’t always get there.
• Counties mandated amount of board and care homes
o Trend in mental health is community care
o mostly nonprofits or for profit businesses. That is why the system is so hard to navigate
o Licensing follows up on facilities
o mostly nonprofits or for profit businesses – “Telecare” privatization
• Funding
o Medical
o Proposition 63, the Mental Heath Services Act (MHSA), 2004
• 1% tax on personal income above $1 million
• expand county mental health programs.
o About Icarus
What do we have
• Different Facilities in Humboldt County
o Group brainstorm, harvest observations on positive/negative experience
• Important terms - Cal. Welf. & Inst. Codes
o Short Term
• In crisis
• Goal is stabilization
o Long Term
• diagnoses and treatment, where patient can’t be treated properly in an outpatient setting
• Outpatient
o any kind of care where you are still living out in the community
o Can range from getting meds at open door clinic to living in a board and care home, but still going out to community events, etc.
o Inpatient
• 24 hour supervision in a hospital setting
• Voluntary
o There can be voluntary & Involuntary inpatient & outpatient
o “willing and able to accept treatment on a voluntary basis”
o not a danger/gravely disabled
o are a danger, but willing to accept treatment
• Rights
? can leave at any time
? right to voluntarily accept/refuse meds
? Capacity/Riese hearing
• You have to agree that you are mentally ill
• You have to listen and understand the benefits of meds
• Prove that you have a rational thought process
• Advocate/judge
? give informed consent to meds
• don’t have the hearing rights/due process of involuntary
• Involuntary/ The 5150 process 72-hold
o Questions you’ll get asked when you go into an inpatient mental facility
• Do you want to hurt yourself?(DTS)
? Basically any thoughts of harm. Your will is irrelevant.
? If you want to get out don’t say anything else suicidal while you’re there
• Do you want to hurt others? (DTO)
• Are you psychologically stable enough to meet your basic needs.
? You can have someone come to the clinic and say they will provide you with food, clothing and shelter
? If you are houseless they might not even ask if you can take care of yourself. They may just decide that.
• State constitutional powers for commitment
o police powers – public safety
o Parens Patie, state is the father, judges if you are able to feed, clothe and shelter yourself.
• Who can take you into custody
o peace officer
o member of the hospital staff
o member of a "mobile crisis team"
o any professional person designated by the county’s board of supervisors
• TIP Explain that you are in pain, but that you don’t want to die or hurt yourself, that’s why you are there.
• Doctors will ask for a name for collateral info to verify you’re okay
o Have an emergency contact list
• After 72 hours you’ll be let go or kept.
• 5250 can be for up to 14 days
o you’ll be in an Acute Psychiatric Stability Unit
o You will have a doctor who sees you 5 min/day
o they will use meds and discharge planning
o They usually see your mental health problem as an incurable disease and they will manage the symptoms
o most don’t offer therapy groups – SV does
o Probable cause Hearing
• due process
• within 4 days
• You will get a patient’s rights advocate who has to advocate for what you want Jim Snow (707) 268-2995,
• doctor who can say you probably need to stay
• You have the right to hear evidence against you and respond
• Private lawyers aren’t that helpful, because they don’t understand the system
o If it’s determined that there’s no reason to keep you, you go back out into the community
• Recertification another 14 days – no hearing
• Additional 30 days another hearing
• Writ of habeas corpus public defender
What are our rights in the Mental health system
• What the state has to do
o Provide services and oversight
• Confidentiality (AB1420)
• You can decide who gets info about you while you’re in
• Anyone can call and give info about you
• Read rights from handbook *http://camhpra.org/home/index.php?option=com_content&task=view&id=15&Itemid=16
• Any time you are 5150 or 5250 you loose the right to bear arms for 5 years. You can appeal this with the DOJ
• What can we do if our rights have been violated
o Contact someone within the mental health system
o Contact an advocacy group
o Try to take legal action against the state
o Do direct action
o Stop participation
o Create alternatives
• Advanced Directives
o CA does not have a PAD statute
o It can be helpful, but there’s also a lot of murkiness around it
What do we need
• Resources that we would like to have – group brainstorm
Closing
• Individual visualization of something you want to do to empower yourself in regards to the mental health system
• Contact sign-up sheet for Icarus
• Donation for Icarus resources
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