Officials at Designated Hospital That Refused to Admit Emergency Detainee Can Be Held in Contempt, but Permitted to Refuse Admission If Hospital Lacks Adequate Space or Staff

Developments in Mental Health Law, January 2006 | Go to article overview

Officials at Designated Hospital That Refused to Admit Emergency Detainee Can Be Held in Contempt, but Permitted to Refuse Admission If Hospital Lacks Adequate Space or Staff


In a case characterized as exemplifying "a national trend," the Indiana Court of Appeals held that a trial court has the authority to determine that hospital officials violated the law when they refused to admit a man deemed mentally ill and dangerous and judicially committed for a seventy-two-hour emergency detention. However, the appellate court vacated a contempt order and ordered a rehearing because the trial judge failed to give hospital officials an opportunity to explain their decision to deny admission.

In Indiana, designated community mental health centers (CMHCs) contract with the state to provide services within exclusive geographic territories to individuals with mental health needs and to provide a continuum of care. Each CMHC "is obligated to provide accessible services for all individuals, within the limits of its capacity, in its exclusive geographic primary service area."

In this case, a trial judge sought to use Indiana's emergency detention statutes to obtain mental health care for an individual who had come before the court on a criminal charge and who was well known because he had been previously arrested several times. When two physicians at a CMHC hospital declined to accept the individual after the trial court approved the emergency detention, the individual was taken to another hospital where he remained strapped to a bed. In response, the trial court ordered a "show cause" hearing.

At the hearing, a sheriff testified that physicians at the CMHC hospital indicated the hospital had bed space available. The judge complained the hospital had refused for three days to accept the individual even though it was the "catch basin" for this community and as a result the individual was placed in another hospital unprepared to handle such individuals with the county paying for this stay. The judge also noted that physicians at the hospital indicated they absolutely refused to admit anyone after seven o'clock and this was the third time this year this had happened.

As a result, the trial court ordered two hospital officers present at the hearing jailed for twenty-four hours, ordered the hospital to reimburse the county for the individual's medical expenses and the cost of posting police officers at the hospital where the individual was currently placed, and ordered the hospital to immediately find an appropriate placement for the individual. Later that day, the individual was admitted to the CMHC hospital pursuant to a new emergency detention order. The CMHC hospital appealed the court's contempt order.

The appellate court acknowledged that the problem the trial court identified is significant and that trial judges, whose responsibilities include protecting public safety and supporting humane conditions in local jails, are frustrated by the lack of immediate, acute mental health treatment for incarcerated individuals. The court noted that in many communities, jails and prisons have become the largest providers of mental health services. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Officials at Designated Hospital That Refused to Admit Emergency Detainee Can Be Held in Contempt, but Permitted to Refuse Admission If Hospital Lacks Adequate Space or Staff
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.