Psychiatric Fascism

[wolf]

Originally posted by russotto
As for involuntary commitment, it doesn't really matter what the APA says; not every diagnosable condition can lead to involuntary commitment.

Very true. The behavior has to rise to that level of the person representing a clear and present danger to themselves ... for example, you don't see a lot of people with anxiety disorders hospitalized, because, as a dear friend used to put it, "they don't do stuff." Stuff, to an extreme degree, is what results in hospitalization.

Here's a page on PA's involuntary commitment process: http://www.mces.org/302FAQs.html

That page, while near and dear to my heart, is rather abbreviated. There are specific legal definitions for the types of behavior which can be taken into consideration for issuance of a mental health warrant. If anyone is really interested I can grab the pieces of the Pennsylvania Mental Health Procedures Act that provides said definitions, but I can give you the short versions here ...

Clear and present danger to others means that the person has physically assaulted someone or threatened to do so and taken some act in furtherance of the threat. (Threats alone are not sufficient for the warrant, you gotta do "stuff".)

Clear and present danger to oneself takes three forms under the PA law ...

1. Suicide attempt, or threats with acts in furtherance (like having a plan to hang yourself, acquiring the rope, making a noose and throwing it over a rafter in the garage).

2. Self mutilative behaviors (cutting or burning oneself without an intention of ending your life) or threats to do so with acts in furtherance.

3. Inability to care for oneself as a consequence of being severely mentally ill to such an extent that grievous bodily harm will occur if the person is not provided treatment. This includes stuff like not eating for days or weeks on end because of a delusional belief that food is poisoned, not bathing for extreme periods (lemme tell yah, nothing is worse than the smell of someone who hasn't bathed in a year, okay, mebbe dead guy is worse), dressing inappropriately to the weather (going out naked in the snow, or wearing multiple layers of woolen garments in the current weather situation). Inability to care is kind of a catch-all category with a very wide range of behaviors considered.

(now, there is a grave injustice in that being "302"ed permanently deprives you of certain rights even if the evaluation determines that you were NOT mentally ill by the definition of the statute. But that's another matter)

If the evaluation determines that you are NOT in need of psychiatric treatment, you do not lose any rights. (notice I didn't say that you are NOT mentally ill ... you can be crazy as all hell, but not meet criteria for inpatient admission on a 302.)

If you ARE found in need of treatment on a 302, yes, there is a right that is abridged. You get entered into the Pennsylvania Insta Check System per Act 77, and, if the system works right, you cannot legally buy any new firearms through an FFL holder. You also lose your concealed carry permit. Firearms that were owned by the person prior to admission remain their property, although in many instances the family will secure or dispose of the weapons.

A 302 admission is NOT an assessment of legal competency. You retain the right to manage your own affairs, to marry or make contracts while in the hospital.

Oh, and here's a nuance that a lot of people don't understand. Although a person may be involuntarily committed, they RETAIN the "right to accept or refuse treatment." Their liberty is curtailed, yes. And unless they cooperate in treatment their length of stay is likely to be longer, but unless the treatment is "deemed to be necessary to protect [the patient's] life and health or prevent [them] from physically injuring others" medication, etc. cannot be provided against that person's will.

Is there some other specific right to which you refer?