NCJ Number
57080
Journal
HOSPITAL & COMMUNITY PSYCHIATRY Volume: 28 Issue: 11 Dated: (NOVEMBER 1977) Pages: 817-826
Date Published
1977
Length
10 pages
Annotation
EXTENDING DUE PROCESS PROCEDURES TO CIVIL COMMITMENTS MAY NOT BE IN THE BEST INTEREST OF THE PATIENT. THE FEW ABUSES WOULD BE BETTER HANDLED BY WRITS OF HABEAS CORPUS OR MALPRACTICE SUITS.
Abstract
COMMUNITY TREATMENTS ARE SUPPLANTING STATE MENTAL HOSPITALS AS THE PREFERRED METHOD OF HANDLING THE MENTALLY ILL. CONCURRENTLY, THE FOCUS OF COURTS AND MENTAL HEALTH LAWS HAS CHANGED FROM THE PARENS PATRIAE DOCTRINE, WHICH ALLOWS COMMITMENT OF PERSONS WHO ARE DANGEROUS TO THEMSELVES OR UNABLE TO CARE FOR THEMSELVES, TO AN EMPHASIS ON POLICE POWER, WHICH ALLOWS COMMITMENT ONLY OF THOSE DANGEROUS TO OTHERS. THIS CHANGE, COMBINED WITH THE RULING IN O'CONNOR V. DONALDSON (1975), HAS RESULTED IN AN EXTENSION OF THE CRIMINAL JUSTICE DUE PROCESS REQUIREMENTS TO CIVIL COMMITMENTS. DUE PROCESS OFTEN INTRODUCES AN ADVERSARY RELATIONSHIP INTO THE COMMITMENT HEARING, MAKING, FOR FAMILY MEMBERS, A DISTRESSING SITUATION WORSE. OF THE COMMITMENT CASES BROUGHT BY FAMILIES (70 PERCENT), ONLY 5 PERCENT ARE DANGEROUS. YET, THE SOCIAL AND PERSONAL DISTRESS CAUSED BY THE MENTALLY ILL PERSON IS USUALLY SEVERE. IN DONALDSON, THE COURT SAID THE NATURE AND LENGTH OF COMMITMENT MUST BEAR A REASONABLE RELATIONSHIP TO THE PURPOSE FOR WHICH THE INDIVIDUAL WAS COMMITTED. THE CASE LED TO MASSIVE REEVALUATION OF COMMITMENT PROCEDURES FOR BOTH ADULTS AND JUVENILES AND A STRENGTHENING OF DUE PROCESS SAFEGUARDS. THIS MAY HAVE BEEN AN OVERREACTION. AN AMERICAN BAR ASSOCIATION STUDY CONCLUDED THAT RAILROADING INTO MENTAL HOSPITALS WAS A MYTH. THE FEW ABUSES WOULD BE BETTER HANDLED BY WRITS OF HABEAS CORPUS OR MALPRACTICE SUITS AGAINST THE HOSPITAL. FOOTNOTES CONTAIN CASE CITATIONS AND REFERENCES. (GLR)