Involuntary Treatment in Mental Health Facilities

Involuntary Treatment in Mental Health Facilities

hi I’m Christina Hedley from equi for equality you have many rights when you are admitted to a mental health facility one of those rights is the right to refuse treatment this video discusses your right to refuse treatment and the circumstances under which the facility can provide treatment to you even even if you have refused it if you are admitted to a mental health facility you have the right to refuse mental health treatment at any time during your admission including psychotropic medication and electroconvulsive therapy or ectt you can refuse treatment even if you were admitted to the facility against your wishes and even if you previously consented to such treatment if you refuse mental health treatment the facility cannot give it to you unless one of the two conditions applies first the facility May treat you against your wishes in an emergency this can happen where your treatment is necessary to prevent you from causing serious and immediate physical harm to yourself or others and no less restrictive alternatives are available if the facility involuntarily administers psychotropic medications or ECT the facility must evaluate whether you still meet the emergency standard every 24 hours it also must document its determination in your record the facility can only administer short-term psychotropic medication and ECT for up to 72 hours not including Saturdays Sundays and holidays the facility must stop administering the treatment after that time unless the treatment remains necessary and the facility has filed a petition for court order treatment second the facility May treat you against your wishes if the treatment is ordered by a court any person 18 years of age or older including your guardian May file a petition asking the court to order your involuntary treatment in most cases the treating psychiatrist or director of the mental health facility ask for the court order the involuntary treatment hearing will be scheduled within 7 days after the petition is filed the court will automatically extend or continue the hearing date for 7 days at your request a request by the state or by the person who filed the petition the court May Grant an additional continuance if no longer than 21 days if a continuance is necessary to provide time for psychological evaluation or to allow you to arrange for an attorney the hearing will most likely be held at the facility where you have been admitted the involuntary treatment hearing is separate from the hearing to involuntarily admit you to the facility but it may occur immediately before or after the admission hearing you may have the same judge for both hearings you have rights at the hearing these include the right to an attorney if you cannot afford one the Illinois Guardianship and advocacy commission or the public defender will represent you you have the right to attend the hearing you must attend the hearing unless your attorney tells the court that you do not want to attend and the Court decides that attending would cause you emotional or physical harm you have the right to present evidence the right to testify and call witnesses and the right to cross-examine the other side’s Witnesses at least one psychiatrist clinical social worker clinical psychologist or other qualified examiner who has examined you must testify and you must have a right to ask that person questions you have the right to a closed hearing anyone can request that the hearing be closed so that no one else is present in the courtroom except the parties and the judge the court will grant the request to close the hearing if no one objects if you object the hearing will remain open if someone else objects the court will not close the hearing unless it decides that your interest in having the hearing closed is compelling you have the right to an independent examination you have the right to be examined and evaluated by a physician physician qualified examiner clinical psychologist or other expert of your choice the court may also order a separate examination by one or more Physicians qualified examiners clinical psychologists or other experts to examine you speak to anyone listed in the petition for a voluntary admission and file a report with the court you should receive a copy of that report the court can enter an order for involuntary treatment if it finds all of the following first that you have a serious mental illness or developmental disability second that because of your mental illness or developmental disability you have lost your ability to function are suffering or are displaying threatening behavior third that you have ongoing symptoms from your illness or disability or you have had repeated episodes fourth the that the benefits of the treatment outweigh the harm fifth that you do not have the ability to make a reason decision about the treatment sixth that the other less restrictive treatment options have been considered and are not appropriate and seventh that if the petition seeks authorization for testing and other procedures the testing and procedures are necessary for the treatment to be safe and effective the court can order involuntary treatment for up to 90 days the court can order a second 90-day period of involuntary treatment after holding another hearing after that the court can authorize 180-day periods of involuntary treatment each time the 180-day time period ends the court must hold another hearing as discussed above the Court’s order does not mean the facility is required to administer involuntary treatment only that is authorized if necessary if the facility determines at any time that involuntary treatment is not necessary it should stop the treatment you should also keep in mind that if you have completed a power of attorney for health care or a mental health treatment preference declaration the person you named may be able to consent to treatment even if you have refused it the facility May accept the consent of your agent if a physician determines that you do not have the ability to make a reason decision about the treatment for more information please see the resources listed below and on the fact sheet associated with this video you may also contact equip for equality at equip for equality.org that

Disability and Aging Rights. Equip for Equality attorney Cristina Headley discusses involuntary treatment in mental health facilities.