Mental Health 

Documents and pleadings which may be helpful to attorneys litigating or considering the litigation of disability law related cases are available by following the links below.

These documents do not constitute legal advice. Anyone engaged in legal action should consult with an attorney. Attorneys should make their own independent judgments. Local laws vary and the law may have changed since these documents were written. Litigants should fully research any claims or defenses before making them.

 

	Sort By: Title		Date
	Amici brief in Vermont Advance Directive case		8/1/2002
		A challenge to Vermont's mental health advance directive law as being in violation of the ADA. This is a 2d Circuit amici brief in support of the plaintiff.
	Annotated bibliography of cases and materials on Advance Directives for people with mental illness		3/1/2002
		This annotated listing of cases and articles on the use of written advance health care directives by people with psychiatric disabilities was last updated in March 2002
	Constitutional and Statutory Claims in Restraint Cases		2/7/2006
		A description of claims that have been made in cases challenging the use of and injuries from restraint and seclusion.
	Elements of a good mental health crisis intervention system		3/1/2000
		A description of what advocates should look for in assessing a mental health crisis intervention system
	Ethnic psychopharmacology		11/30/2002
		A review of the way that psychiatric medications may effect people depending on their ethnic backgrounds.
	Guardian’s authority to choose ward’s friends		4/1/2001
		Considers the extent of a guardian’s legal authority to control with whom an adult ward can spend time and associate.
	Interstate guardianships		6/1/1999
		This paper addresses questions about the validity of a guardianship order from another jurisdiction. It is not unusual for people with disabilities who have guardians to be sent to another state to obtain specialized services.
	Psychopharmacology for children and adolescents		3/1/2001
		An overview of issues in the administration of psychiatric medications to children and adolescents.
	Deaf services CPR/DMH  memorandum of understanding		4/5/2004
		CPR and the MA Dep't of Mental Health signed a memorandum of understanding regarding improved and increased mental health services to DMH clients who are deaf or hard of hearing.

Magrini -- Right to emergency hearing

CPR represents the respondent in an appeal from the denial of his request for an emergency hearing after he alleged "abuse or misuse" of the Massachusetts temporary involuntary civil commitment process. The respondent had been involuntarily readmitted to the hospital within minutes after a court had ordered him discharged. Massachusetts staututes allow individuals to immediately challenge temporary commitments without having to wait for the civil commitment hearing.

In a 2-1 decision the Appellate Division of the District Court affirmed the trial court's refusal to hold an emergency hearing.  The respondent appealled and the Supreme Judicial Court has accepted direct review. A copy of the SJC principal brief in Word (Jan 2008) is available below. 

Scroll down this page for a link to the appellant's Reply Brief.

SJC-ct-brief-final-1-8-07.doc

Comm. v. Carrara

The Massachusetts Appeals Court holds that a trial judge in a civil commitment case may not restrict the movements of a committed individual to a building. Decisions about privilege level are for the hospital clinicians, not judges.

Carrara-opinion.doc

Magrini -- Reply brief

The appellant has filed a reply brief in this case described elsewhere on this page.  

Magrini.Reply.Brief.PDF

Comments on MA DMH Risk Management Report

CPR has submitted comments to the Massachusetts Department of Mental Health's "Final Report of the Task Force on Safety and Risk Management." The comments criticize several recommendations that would curtail important legal rights of some DMH clients. The DMH report is available on its website, www.mass.gov/dmh. CPR's March 18, 2008 letter can be found by following the link below.

DMH-risk-management-plan-let.pdf