You are here: HomeU.S. NewsPush for Involuntary Detention of Mentally Ill Continues
Thursday, 28 February 2013 13:18

Push for Involuntary Detention of Mentally Ill Continues

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The New York Times reports that advocates are seeking to make changes to mental health laws that would give agencies the power to detain those believed to be mentally ill and potentially dangerous. Citing the case of Andre Thomas, a man who had shown signs of needing mental health treatment but was unable to be detained and eventually killed his wife and two children, the New York Times attempts to make the case for involuntary detainment of the mentally ill.

Texas Appleseed, a nonprofit advocacy organization, issued a report last year that asked lawmakers to change the existing mental health code that allows those who voluntarily enter facilities in search of mental health care to leave if they wish.

Susan Stone, a psychiatrist who led the Texas Appleseed Project to study and recommend the reforms, explains, “It was last fully revised in 1985, and clearly the mental health system has changed dramatically since then.”


It also recommends a standard one-page intake form for law enforcement officials to complete when taking someone to a mental hospital. Currently, those forms vary from state to state.

But lawmakers assert that changes to the code will likely not happen in this legislative session as it requires legislative studies that have not yet been undertaken.

Some state lawmakers are attempting to make changes to state laws regarding the mentally ill. Representative Jose Menéndez of San Antonio has filed House Bill 245, which would permit hospitals to detain mentally ill and dangerous patients for up to 24 hours.

“I’m putting it in the hands of E.M.S. or emergency room professionals to make the call to say this person is a danger to himself or others,” Mr. Menéndez said.



The Washington Times reports:



Hospital officials are anxious to see such a provision adopted, as they often find themselves in a difficult position. If they detain an individual believed to be dangerous against that individual’s will, they face liability, but if they release a potentially dangerous individual who commits a crime, they also risk a lawsuit.

“Physicians are trained to determine whether patients meet the criteria for an emergency detention,” Stacy Wilson, associate general counsel for the Texas Hospital Association, wrote in an e-mail. “A law that permits physicians to initiate an emergency detention would ease the burden on law enforcement and would help protect patients, their treating physicians and facilities, as well as the community.”

However, some civil libertarians are opposed to these policies, asserting they are a violation of individual civil rights.

According to Judge Andrew Napolitano, involuntary detention of those whom some believe will commit a crime is “clearly unconstitutional.”


Napolitano contends that American citizens have a Second Amendment so that “we can protect ourselves” from individuals believed to be dangerous.

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