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CPK 2024 > 3. Mental Health > Flashcards

3. Mental Health Flashcards

1
Q

What is a mental disorder?

A

Means in an abnormal state of mind (whether of a continuous or intermittent nature), characterised by delusions or disorders of mood or perception or volition or cognition of such a degree that it
- Poses a serious danger to the health or safety of that person or of others or
- Seriously diminishes the capacity of that person to take care themself

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2
Q

When is force justified under the direction from DAO?

A

Use force only if
- It is justified and
- The DAO gives you clear instructions to do so
- The patient would be likely to suffer harm or cause harm to other people or damage property if force is not applied and
- The force used is necessary and proportionate with the circumstances

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3
Q

What is a public place?

A

Any aircraft hovercraft ship or ferry or vessel train or vehicle which is in a public place

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4
Q

S38 Mental Health Act 1992
- assistance when person may need assessment

A

DAO who receives the request must investigate the matter to satisfy themselves
- That the concern expressed by the maker is genuine and
-RGTB that the person to whom the request relates may be suffering from a mental disorder and
- Decide on reasonable grounds whether or not the person needs to have an examination urgently and the persons own interest or interest of another person.

  • If they need an examination but not urgent, They must arrange for a mental health practitioner to examine them with the view to issuing a certificate 8B4B and an assessment examination under s9.
  • if the DAO decides a person needs to urgently have an examination they must
  • Try to get a mental health practitioner to come and examine them with a view to issuing a certificate
  • Mental Health practitioner is available to come to the person and is able to examine them, Including calling for Police assistance s41
  • If no Medical practitioner is available. Try to get the person to go willingly to a mental health practitioner and
  • If the person refuses to go willingly to Mental Health practitioner take reasonable steps to
  • Take the person to Mental Health practitioner with police assistance under s41 and
  • Ensure mental health practitioners able to examine the person
  • Once this certificate is issued under s8B4B And
  • arrange an assessment examination under S9
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5
Q

When called for assistance by a DAO, what can Police do under s41?

A

A constable call to the assistance of a DAO
- May enter the premises with the person/proposed patient is and
- Must if member is not in uniform produce identification
- May detain that person for 6 hours and the time it takes to conduct the examination
- Take the person to the place at which they have an examination, detain that person for 6 hours or the time it takes to conduct an examination.

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6
Q

S109 - Police powers in relation to a person appearing to be mentally disordered in public place

A

If a person is found wandering at large in any public place and is acting in a manner that gives reasonable belief that they may be mentally disordered, any constable may, if they think it would be desirable in the interests of the person or of the public to:
- Take that person to a police station, hospital surgery or some other appropriate place and
- Arrange for a Mental Health practitioner to examine them as soon as practicable

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7
Q

S110C - Powers of police when urgent assistance is required

A

A constable called to the assistance of the mental health practitioner may
- Enter the premises where the person/proposed patient is and
- Produce identification they are Police and
- Detain the person/proposed patient or take them to a place nominated by the mental health practitioner.
- Detention for no longer than 6 hours or the time it takes for the examination which ever is shorter

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8
Q

S122B - use of force

A

If exercising the power in an emergency, may use such force as reasonably necessary in the circumstances to
- Take/retake a patient, detain a patient and the power to enter premises.

If force used it must be recorded and a copy of the record given to the Director of area Mental Health Services as soon as practicable

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9
Q

What do recent coronial recommendations advise? What does this include?

A

All offences should still be investigated with alternative resolutions offered where appropriate and relevant risk information around those offences shared.

It includes:
Notebook statements and photographs. You can only share photos of a person in the injuries if those images are needed to support a mental health assessment.

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10
Q

With a focus on prevention first, all staff are to consider what when dealing with mentally disordered people?

A
  • Staff are to consider the use of Police discretion and alternative resolutions as appropriate.
  • an important principle is to ensure risk information is shared when passing a person into the care of a DAO. This includes threats or words around suicidal intent and any other risk.
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11
Q

In the course of Police duties you will encounter people who are behaving differently. This could be due to what?

A
  • Physical condition, e.g. metabolic and balance or infection
  • Mental distress
  • Intellectual disability
  • Brain injury or illness
  • Mental disorder
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12
Q

What does the Mental Health CAT (Compulsory Assessment and Treatment) Act 1992 detail police powers and duties to do?

A
  • Help health authorities
  • Find a mentally disordered person wandering at large, or
  • Retake a patient absent without leave from a hospital.
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13
Q

Memorandum of understanding between the police and the ministry of health covers?

A

Responsibilities, transportation of patients and use of force and it states that the DAO is the official in charge at any incident under MH (CAT) Act 1992

Provides that where a person needs to be assessed under Mental Health (CAT) Act 1992 that this should take place in the least restrictive environment possible.

A person Intoxicated should not delay any mental health assessment.

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14
Q

What are the key words in the definition of mental disorder?

A
  • poses are serious danger …. and
  • …..Seriously diminished capacity to look after themselves.

Note: Many people perceive as suffering a mental disorder but do not meet the legislative definition of mentally disordered e.g. person acting erratically in a public place but otherwise functioning.

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15
Q

Mental Health assessments may not be invoked simply because of a persons?

A
  • Political, religious or cultural beliefs
  • Sexual preferences
  • Criminal or delinquent behaviour
  • Substance abuse
  • Intellectual disability
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16
Q

Role of the DAO, responsible clinician and the court

A
  • Anyone who believes that a person may be suffering from a mental disorder can ask a DAO for assistance
  • DAO is required to investigate and decide if the person needs to have an examination and if this is required Urgently
  • DAO must arrange for Mental Health practitioner to examine the person
  • There may be several assessments over the days
  • If the mental health practitioner believes the person is suffering from a mental disorder they can be certified for compulsory assessment and a psychiatrist/doctor/clinician Must carry out a further examination
  • Found to be mentally disordered, the person can be compelled, by order of the court to undergo treatment as long as that persons mental disorder continues.
17
Q

Under s41 Mental Health CAT ACT 1992- what mustn’t you do?

A

You must not exercise your powers to enter without a warrant if it would be reasonably Practicable to obtain one

18
Q

S41 Two warrants are required.

A
  • A warrant to take the patient or propose patient which needs to be obtained by the director of area Mental Health Services
  • Warrant to enter premises which needs to be obtained by a constable. It must be signed and sworn s113A. The warrant application will need to be created by staff and it’s a ministry of health form
19
Q

Where is the preferred place for Mental Health practitioners to assist a person? What is the last resort?

A

Their own place.
Police stations should only be used when all options are exhausted or if the person is violent

20
Q

When using force to enact a direction from DAO, You should only use force if?

A
  • it is justified and
  • The DAO gives you clear instructions to do so and
  • The patient would be likely to suffer harm, or cause harm to other people or damage property if force is not applied and
  • The force used is necessary and proportionate with the circumstances.
21
Q

What should you consider when handcuffing mentally disordered persons?

A

Handcuffs should only be used if a TENR assessment directs their use. It has a huge impact on them.

Note: If you act without statutory authority, you have no protection from civil/criminal liability even if you have acted in good faith.
If force is used, submit a TOR.

22
Q

Police should not be routinely involved in applications for compulsory assessment.

A

Police may respond if there are concerns for safety, but are not routinely required for the assessment.
In exceptional circumstances there may be the need to discuss the procedure over the phone where the DAO cannot attend in person due to time/distance constraints

23
Q

If a DAO asks for assistance, what should you check?

A
  • Carefully check the DAO credentials
  • asked to see the assessment certificate or compulsory treatment order required to take/return the patient.
24
Q

If a person is being transported to attend for assessment and treatment under S9 s11 or s13, Ensure a health professional has issued a notice and this has been explained to the patient. The notice should state what?

A
  • The reason for the assessment examination,
  • The time and place of the assessment
  • The person who will perform the assessment

Note: The person cannot be moved without this and force cannot be used to enable transport without this

25
Q

What happens after the six hour detention limit? What are the exceptions?

A

If they have not been seen by medical professional within the six hour limit, They cannot be detained for any longer.

Exceptions are:
- Where the person is being held in custody after being charged with an offence
- A person is seen within six hours but the assessment process takes longer than the initial six hour period.
Detaining you must comply with the requirements of the NZ Bill of Rights Act 1990

26
Q

What is your authority under S109 - Mentally disordered person wandering at large

A

If you find a person wandering at large in any public place who you reasonably believe may have a mental disorder, you have powers to apprehend that person under s109.

27
Q

What steps should you take when you find a mentally disordered person wandering at large?

A

-QP - Have they been reported missing from a hospital/other mental health facility?
- If the person has a known Mental Health history, call the local hospital or Mental Health Team and ask if they have any information about the person.
- Ask the hospital to find out whether the person is on leave from a hospital.
If so, their leave may be revoked and the patient returned to the hospital by a DAO or Police.
- arrange for mental health practitioners examination.

You do not have to assess whether the person is mentally disordered.
It is sufficient that the persons behaviour give rise to a reasonable belief that the person may be mentally disordered.

28
Q

What are the arrest provisions s30, s31 and s34

A

S30
- If you arrest the wrong person and good Faith and unreasonable grounds believes the person to be the one named in the warrant
S31
- All statutory powers of arrest without warrant on all constables
S34
- The power to assist constable and arrest upon anyone asked to do so

29
Q

Can you enter Private property under the Mental Health CAT Act 1992?

A

No unless a DAO is present or you are using s7, S8, s14 or s18 S & S Act 2012 or you’ve got consent from the occupier of the premises to allow your entry.
Note:
In the absence of a lawful justification to remain, Police must leave

CPK 2024 (20 decks)

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