Long Standing Law

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According to the US Bureau of Census (2014), the state of Louisiana has an adult population around 3.5 million, with over 100,000 of those people suffering from some form of mental illness. For any family, the decision to get long-term inpatient treatment is a difficult one and the more they know about state regulations and patient rights, the better the outcome for the patient. There is an old standing law still active in Louisiana that in an emergency situation a coroner/medical examiner or judge may file for an ‘order of protective custody’ (Hanson) allowing a police officer to pick up and bring the suspected individual for a psychiatric evaluation that can last as long as 3 days. This minor loop hole makes it easier for family members …show more content…
According to Title 28, an individual cannot be committed for a time period longer than 180 days, unless they are being treated for alcoholism. However, it is important to know that any person that is of legal age can petition the court stating that another person is mentally unstable and therefore, a danger to themselves and others. From the petition comes a hearing where a judge will decide if the person is indeed suffering from a mental illness and will assign a physician to assess the individual. It is important for the person in question know that they have the right to be represented by a lawyer, whether they can afford one or not. No matter how severe the mental disability is, everyone has the right to be treated with the same consideration as someone who is healthy. Family members who are faced with having a loved one suffer from a mental illness should be aware of how the process works. In the early history of mental health institutions, the right to detain those viewed as mentally ill was rooted in the need to protect normal citizens from those that were sick. The state used to operate under the Parens Patriae doctrine (Becnel) that believes the state should be a servant to the common good and help those who are unable to care for themselves, usually with some form on confinement in a facility. It is our duty as human beings

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