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- 2005 Mental Health Consumer & Family Leadership Conference
- April 13, 2005
- By James B. (Jim) Gottstein, Esq.
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- Sense of the Courts’ Potential Role in Transformation of the Mental
Health System Towards Recovery
- Understanding of Possible Types of Court Action.
- Recognition that Courts Can Only Be Part of Solution
- Discussion
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- Desegregation Litigation
- In Alaska:
- Molly Hootch (Education)
- Cleary (Prisoners’ Rights)
- Weiss (Mental Health Trust)
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- Precedent – “This is the Law”
- Injunctions – “You Are Ordered to . . .”
- Declaratory Judgment – “Your Rights Are”
- Damages – $$$$
- Class Actions – Really for mass torts
- Lawyers Make Out/Most Class Members Don’t
- MH Trust as Class Action was a Mistake
- 42 USC §1983 – Liability (fed ct) for violation of civil rights
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- Commitment
- Forced Drugging
- Informed Consent
- “Tying” Services & Entitlements
- “Meaningful Involvement in Grantee Agencies”
- Treatment Planning
- AMC Title 21 (Quasi-Institutional Housing)
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- Gender Choice for Intimate Care Staff?
- AS 47.30.840 Rights??
- ?
- ?
- ?
- ?
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- Forced Drugging
- Informed Consent Lack of
Effective Alternatives
- Retraumatizing Victims of Abuse
- Lack of Housing
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- Illegalities
- Less Restrictive Alternative
- Dangerousness
- Perjury
- Inadequate Representation?
- Solutions
- Strategic Litigation/Negotiation
- Alternatives
- Good Representation
- 42 USC §1983 Action
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- Illegalities
- Best Interests
- Less Restrictive Alternative
- Perjury
- Inadequate Representation?
- Solutions
- Strategic Litigation/Negotiation
- Alternatives
- Good Representation
- Guardianships?
- 42 USC §1983 Action
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- Negotiations have Failed
- Forced Drugging -- Myers Case
- Least Restrictive Alternative?
- Soteria-Alaska in Wings
- Sue to enforce if get Ruling
- Potentially 42 USC §1983
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- Illegalities (Bavilla Case)
- Not Adversarial
- Not Allow Confrontation
- Not Allow Presentation
- Not Unbiased Decision Maker
- Insufficient Notice
- Not Allow representation?
- Sell criteria?
- Sufficient state interests, necessary, achieve state interests,
medically appropriate, least intrusive means, court decide
- Solutions
- New Case
- Alternatives
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- All information that is material to the patient's decision to give or
withhold consent, including:
- an explanation of the patient's diagnosis and prognosis, or their
predominant symptoms, with and without the medication;
- information about the proposed medication, its purpose, the method of
its administration, the recommended ranges of dosages, possible side
effects and benefits, ways to treat side effects, and risks of other
conditions, such as tardive dyskinesia;
- a review of the patient's history, including medication history and
previous side effects from medication;
- an explanation of interactions with other drugs, including
over-the-counter drugs, street drugs, and alcohol; and
- information about alternative treatments and their risks, side effects,
and benefits, including the risks of nontreatment.
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- Illegalities
- Prognosis
- Efficacy
- Toxicity
- Alternatives
- Battery
- Solution
- Find a Plaintiff
- Tell the Truth
- Alternatives
- ACMHS??
- CHOICES in the Wings
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- Illegalities
- All from us
- Meds or nothing
- Meds or no housing
- Meds or hospital
- Meds or jail
- Solutions
- Litigation?
- Independent Case Management?
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- Illegalities
- Sufficient consumer and family membership on Board of Directors for
meaningful input
- Grant Violation
- Solutions
- Litigation?
- Get in Regulations?
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- Illegalities
- Lack of Involvement in Treatment Plan
- Violation of Federal & State law?
- Grant Violation
- Solutions
- Litigation?
- Alternatives
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- Illegality
- Discriminatory
- Solution
- Abolish
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- Illegality
- Right to choose?
- Solution
- Right to Choose
- Legislation
- Litigation
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- Illegality
- Go down list
- Solution
- Criminal Charges under AS 47.30.835?
- Litigation
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- PsychRights -- Mission is Forced
Drugging
- Set Disability Law Center Agenda
- PAIMI Council
- Board of Directors
- Others?
- Consumers Counsel type of program??
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