Emergency detention of persons with certain mental disorders during public health disasters

legal and policy issues.

Research output: Contribution to journalArticle

Abstract

Public health emergencies (disasters) are associated with mental health conditions ranging from mild to severe. When persons pose a danger to themselves or others, a brief emergency detention allows a mental health assessment to determine if a lengthier involuntary civil commitment is needed. Involuntary commitment requires participation of the civil justice system to provide constitutionally mandated due process protections. However, disasters may incapacitate the judicial system, forcing emergency detainees to be prematurely released if courts are unavailable. The authors review state laws regarding emergency detention of persons deemed a potential mental health-related danger. Although some states are well prepared for the dual impact of disasters on mental health and the court system, important gaps exist. The authors recommend that state laws anticipate the need for brief extensions of emergency detention periods without court participation. States should also include mental health considerations in their disaster preparedness plans for the court system.

Original languageEnglish (US)
Pages (from-to)295-302
Number of pages8
JournalAmerican journal of disaster medicine
Volume7
Issue number4
StatePublished - Sep 2012

Fingerprint

Disasters
Mental Disorders
Mental Health
Emergencies
Public Health
Commitment of Mentally Ill
Civil Rights
Social Justice

ASJC Scopus subject areas

  • Medicine(all)

Cite this

@article{e5c9db7d685f4933b990c6da3d2011dc,
title = "Emergency detention of persons with certain mental disorders during public health disasters: legal and policy issues.",
abstract = "Public health emergencies (disasters) are associated with mental health conditions ranging from mild to severe. When persons pose a danger to themselves or others, a brief emergency detention allows a mental health assessment to determine if a lengthier involuntary civil commitment is needed. Involuntary commitment requires participation of the civil justice system to provide constitutionally mandated due process protections. However, disasters may incapacitate the judicial system, forcing emergency detainees to be prematurely released if courts are unavailable. The authors review state laws regarding emergency detention of persons deemed a potential mental health-related danger. Although some states are well prepared for the dual impact of disasters on mental health and the court system, important gaps exist. The authors recommend that state laws anticipate the need for brief extensions of emergency detention periods without court participation. States should also include mental health considerations in their disaster preparedness plans for the court system.",
author = "Vernick, {Jon S} and Maxim Gakh and Helaine Rutkow",
year = "2012",
month = "9",
language = "English (US)",
volume = "7",
pages = "295--302",
journal = "American journal of disaster medicine",
issn = "1932-149X",
publisher = "Prime National Publishing Corp.",
number = "4",

}

TY - JOUR

T1 - Emergency detention of persons with certain mental disorders during public health disasters

T2 - legal and policy issues.

AU - Vernick, Jon S

AU - Gakh, Maxim

AU - Rutkow, Helaine

PY - 2012/9

Y1 - 2012/9

N2 - Public health emergencies (disasters) are associated with mental health conditions ranging from mild to severe. When persons pose a danger to themselves or others, a brief emergency detention allows a mental health assessment to determine if a lengthier involuntary civil commitment is needed. Involuntary commitment requires participation of the civil justice system to provide constitutionally mandated due process protections. However, disasters may incapacitate the judicial system, forcing emergency detainees to be prematurely released if courts are unavailable. The authors review state laws regarding emergency detention of persons deemed a potential mental health-related danger. Although some states are well prepared for the dual impact of disasters on mental health and the court system, important gaps exist. The authors recommend that state laws anticipate the need for brief extensions of emergency detention periods without court participation. States should also include mental health considerations in their disaster preparedness plans for the court system.

AB - Public health emergencies (disasters) are associated with mental health conditions ranging from mild to severe. When persons pose a danger to themselves or others, a brief emergency detention allows a mental health assessment to determine if a lengthier involuntary civil commitment is needed. Involuntary commitment requires participation of the civil justice system to provide constitutionally mandated due process protections. However, disasters may incapacitate the judicial system, forcing emergency detainees to be prematurely released if courts are unavailable. The authors review state laws regarding emergency detention of persons deemed a potential mental health-related danger. Although some states are well prepared for the dual impact of disasters on mental health and the court system, important gaps exist. The authors recommend that state laws anticipate the need for brief extensions of emergency detention periods without court participation. States should also include mental health considerations in their disaster preparedness plans for the court system.

UR - http://www.scopus.com/inward/record.url?scp=84874442523&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84874442523&partnerID=8YFLogxK

M3 - Article

VL - 7

SP - 295

EP - 302

JO - American journal of disaster medicine

JF - American journal of disaster medicine

SN - 1932-149X

IS - 4

ER -