Involuntary Commitment of Alcoholics and Drug Addicts in the Mississippi Chancery Court System. Presented By: R. Kelly Kyle, J. D. Chip Glaze, J. D.

Transcription

1 Involuntary Commitment of Alcoholics and Drug Addicts in the Mississippi Chancery Court System Presented By: R. Kelly Kyle, J. D. Chip Glaze, J. D.

2 He did what?? Well, I guess we re just gonna have to put him in treatment Right? Can we do that? Of course we can, can t we? How should I know, do you really think we should?

3 Is Commitment Necessary? Clinical necessity coupled with refusal to enter or remain in treatment Danger to self or others Prior failed treatment attempts; Previous commitments; Inability to maintain abstinence at current LOC Compromising overall health and/or refusal or inability to manage specific d/o(s).

4 Other Considerations Know Your Role Ethical Organizational policy Financial obligations

5 What To Expect (And Not to Expect) Expect Resistance Anger Ultimatums Flight Combativeness If necessary, put a safety plan in place. Don t Expect Group hugs Contentment or Feeling entirely good about the process (at least initially) Understanding from interested others Prepare for the worst, and hope for the best.

6 INITIAL QUESTIONS: Ability to pay? Private pay? Insurance? Answers determine type of facility, and procedure used

7 No Ability To Pay: Mississippi State Hospital at Whitfield East Central State Hospital at Meridian

8 Commitment to Mississippi State Hospital et seq, Mississippi Code File complaint in Chancery Court in county of patient s residence or county in which he or she is found Chancery Court has exclusive jurisdiction Filing fee: $100 +/-

9 Who Can File? Spouse Parent Next of Kin Friend or Relative

10 Must Allege Alcoholic or drug addict Mississippi resident Unfit to manage affairs, OR Danger to self or others, OR Lost power of self-control, AND In need of care and treatment, AND Treatment will improve health

11 Procedure 1. File Petition (under oath) 2. Set hearing, issue Summons Hearing held five to twenty days after filing 3. Personal service on Defendant not less than three days before hearing

12 Hearing 1. Conducted by Chancellor 2. Held with or without Defendant s presence 3. Witnesses may testify 4. Chancellor may order exam by physician(s) 5. If Petition is granted, judge enters order for days of treatment

13 Judgment is Appealable

14 Enforcement 1. Court may enter writs to enforce its judgment 2. Sheriff s department assists in transport 3. Director of institution has full discretion

15 This process also applies to private treatment facilities, but there is a better way...

16 Involuntary Commitment to Private Facilities et seq, Mississippi Code File complaint in county of patient s residence or county in which he or she is found Applies to out-of-state residents also Filing fee: $100 +/-

17 Facilities Covered All private facilities Includes some state-funded facilities, such as Regional Mental Health Centers

18 Who Can File? Spouse Parent Next of Kin Friend or Relative

19 Must Allege Alcoholic or drug addict Powerless over alcohol or drugs Life is unmanageable Mental and physical health, continued family life, position in the community are dependent upon receiving treatment Refusal to self-commit despite requests Plaintiff has selected treatment facility or combination of facilities Financial arrangements made If in-state facility, must be approved by Miss. Dept. of Health May commit to out-of-state facility, but may be difficult to enforce Facility has approved admission, subject to commitment by Court

20 Procedure Non-Emergency 1. File Petition 2. Set hearing, issue Summons Hearing five to twenty days after filing 3. Personal service on Defendant not less than three days before hearing. (Same as to public facility)

21 Procedure Emergency 1. Allege Defendant under influence to extent he may flee jurisdiction or is a danger to self or others 2. Clear and Convincing evidence shown 3. Hearing must be set no later than five working days from date of filing 4. Defendant committed to treatment to await hearing 5. Applicable only to private facilities NOT TO STATE HOSPITAL

22 Defendant will usually waive hearing Judgment entered without hearing

23 If Defendant refuses to waive hearing, 1. Conducted by Chancellor 2. Hearing held with or without Defendant s presence 3. Witnesses may testify 4. Chancellor may order exam by physician(s) 5. If Petition is granted, judge enters order

24 Judgment is Appealable

25 Sheriff will assist in transportation at Plaintiff s expense

26 Length of Treatment 60 days max involuntary & inpatient Additional 120 days involuntary outpatient At discretion of treatment team

27 Non-Compliance Contempt of court sanctions Fine Jail

28 Privacy Concerns HIPAA Other federal statutes Some counties seal all mental files routinely Ask court to seal file regardless

29 Considerations Costs $1200-$1400 including filing fee, attorney fee, service of process fee, transportation. Higher cost if Defendant will not waive hearing. Obviously, this does not include the additional cost of treatment.

30 Considerations Need for immediate commitment and confinement? Not available in most cases when committing to public facility Waiting list for admission at public facilities

31 Considerations Treatment length needed Only sixty days involuntary inpatient available in private facility Sixty to ninety days at public facility, BUT norm is 28-35

32 Considerations Lockdown facility required? Generally only found at MSH Low incidence of leaving treatment AMA

33 R. Kelly Kyle 406 Orchard Park, 1 st Floor Ridgeland, MS rkellykyle@flyinglawyer.com Chip Glaze P. O. Box 2168 Jackson, MS cglaze@msbar.org

34 QUESTIONS