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25 Cards in this Set

  • Front
  • Back
duty to warn does not apply to
1. someone other than client is the dangerous party
2. someone other than family mem reports that client has threatened to harm someone else (but do address w/ client)
3. no reasonably identifiable victim or victims (can hosp. though)
4. client threatens suicide (Bellah vs. Greenson= no duty to warn if suicide)
3.
Who can disclose HIV status?
Only surgeons and physicians, NOT shrink. They can disclose after telling client the results that they will disclose, but cannot tell the client's name. Also remind clients that by law, the client has to warn their partners; if shrink doesn't warn the client to warn their partners, it could be negligence.
If an HIV pos. client poses a generalized danger to others as a result of a mental disorder
try to tx the mental disorder. legal interventions (hosp, or quarantine) should be a last resort when tx has shown to be ineffective and is unlikely to alter their beh.
Involuntary hosp. should be considered only when...
1. the danger they pose is imminent or client is gravely disabled
2. the danger or grave disability is a result of a mental disorder or chronic alcoholism
3. client has refused or is unable to comply w/ a recommendation to enter hosp. voluntarily.
72-hr hold aka 5150
danger to self, others, gravely disabled.
5230
similar to 5150, but for those impaired as a result of alcohol or drug use
"gravely disabled"
a. unable to provide for basic needs for food,clothing,shelter due to mental disorder
b. found to be mentally incompetent
the law does not define "mental disorder" for involuntary hosp...
but CA courts usually interpret it for any sig. mental dis. in the DSM
who can institute an involuntary hold?
police, attending staff, mobile crisis team (particular members), or other professional designated by the county
if a prof. believes they should be released but the attending psychiatrist doesn't agree...
referred to medical director for final decision
At the end of 72 hrs...
either they release the individual, refer for voluntary tx, certify for additional involuntary, or begin the process of appointing a conservator.
5250--14 day hold
1. the result of a mental disorder or chronic alcoholism, danger to self/others
2. person has been advised that tx is required but they didn't voluntarily consent
5250 certification
the certification must be signed by 2 people (person from facility and a psych who participated in the eval) and a copy of the letter sent certified to patient, their attorney, or advocate designated on the certificate. Must also inform client they are entitled to a certification review or judicial review by writ of habeas corpus.
certification review hearing
occurs unless the client requests a judicial review; is held within 4 days of the date when they became certified. can be postponed 48 hrs. they can waive their right to a hearing or the right to be present.
at the end of the 5250...
either release them, refer for voluntary tx, certify for additional involuntary tx ("postcertification hold) or begin process of appointing a conservator.
Postcertification Hold-Suicidal. 5260.
can be held an additional 14 days if they threatened or attempted si. A certification review is not required for this time. Release of the patient is approved by the psych responsible for tx or a psych who collaborated. If they disagree, medical director makes final call.
Postcertification Hold--Gravely Disabled
may be certified for not more than 30 days of intensive tx following the 14-day hold. They have the right to habeas corpus and certification review hearing.
5260: Serious Danger to Others
After 14 days, a person may be confined for further tx for an additional period not to exceed 180 days if..
1. the person has attempted/inflicted harm/made serious threat while in custody
2. has demonstrated a danger of inflicting harm prior to custody
3. made a serious threat within 7 days of being taken into custody.
5260 Danger to Others cont...
the D.A. must file a petition with the court for this hold, and hearing must take place within 4 days after the petition was filed or within 10 days when the patient requests a jury trial.They can request a habeas corpus trial at any time.
Conservator
appt. by cour for 30 day (temp) or long-term (renewable one-yr periods)
What is NOT gravely disabled?
1. can survive safely w/out involuntry detention with the help of responsible family, friends or others who are willing and able to help. and specifically indicate in writing their willingness to do so.
within 10 days of conservatorship...
an individualized tx plan should be in place unless tx is specifically found to not be appropriate by the court. When the goals have been reached and they are no longer gravely disabled, the conservatorship shall be terminated by the court.
involuntary commitment of a minor
auth. is usually required from parents/guardian.The exception to the rule is if auth is not available, they can be committed for 72 hrs. The facility should make every effort to contact the parent.
gravely disabled minor=
nable to use the elements of life which are essential to health, safety, and dev. including food, clothing, and shelter, even though provided by others. MR, epilepsy, and other dev. disabilities, etoh, drug use, or repeated antisocial beh do not, by themselves, constitute a mental disorder.
goal of minor tx
least restrictive placement alternative. If the parents won't consent, they can still be held.