Developments in Mental Health Law

Articles from Vol. 31, No. 1, December

AG Advises Town Police Must Execute ECOs and TDOs
Attorney General Ken Cuccinelli issued an official opinion on October 21, 2011 advising that town police where they exist serve as the "primary law enforcement agency of the jurisdiction," requiring them to provide transportation for persons subject...
CMS Administrator Responds to IG on Use of Restraints to Medicate over Objection
Donald M. Berwick, M.D., former Administrator for the Centers for Medicare and Medicaid Services, (i) responded on July 21, 2011 to Virginia's Inspector General for Behavioral Health and Developmental Services ("IG") clarifying when restraint may be...
College Mental Health Study Measures Student Access to Mental Health Services Four Years after Virginia Tech Tragedy
Virginia College Mental Health Study Prepared for the Joint Commission on Health Care General Assembly of the Commonwealth of Virginia Executive Summary By Richard J. Bonnie November, 2011 Almost half a million students attend Virginia's...
DOJ Settles ADA Investigation of Delaware Psychiatric Center
The United States Department of Justice ("DOJ") entered into a Settlement Agreement with the State of Delaware in July 2011 resolving its investigation under the Americans with Disabilities Act of the Delaware Psychiatric Center, the State's only state-run...
First Circuit Denies Habeas Relief That Counsel Was Ineffective in Failing to Request Competency Evaluation
The First Circuit Court of Appeals has denied habeas corpus relief to a petitioner who was convicted of first degree murder in Massachusetts who allowed his 11-month old son to die based upon his religious beliefs. He argued that his counsel at trial...
Washington Supreme Court Holds No Constitutional Mandate to Determine Competency to Represent Self
The Washington Supreme Court has held that a trial court is not constitutionally required to independently determine whether a defendant was sufficiently competent to waive counsel when he had previously been found competent to stand trial following...
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