Behavioral Health Flashcards

Legal Considerations

1
Q

What law legally protects people with mental illness from discrimination?

A

Americans with Disabilities Act (ADA) protects people with mental illness from discrimination.

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2
Q

What types of statutes are included in Peace Officer Authority?

A

Peace Officer Authority includes discretionary (may) and mandatory (shall) statutes.

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3
Q

What must the POH (POC) report contain?

A

All the observations needed to articulate your decision to take a subject into custody.

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4
Q

What is a Peace Officer Custody (POH)?

A

A peace officer MAY take into custody a person who the officer has PROBABLE CAUSE to believe is DANGEROUS to SELF or to any OTHER PERSON and needs IMMEDIATE CARE, CUSTODY, or TREATMENT for mental illness.

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5
Q

What are the 3 basic components of a POH report?

A
  • Location
  • Identification
  • Date and Time
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6
Q

What is a Director’s Custody?

A

A peace officer SHALL take a person into custody when the community mental health and developmental disabilities program DIRECTOR notifies the peace officer that the director has PROBABLE CAUSE to believe that the person is IMMINENTLY DANGEROUS to SELF or to any OTHER PERSON.

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7
Q

What is Custody of a Foreign National?

A

When the peace officer reasonably suspects that the person is a foreign national, the peace officer SHALL inform the person of their right to communicate with an official from the consulate of the person’s country.

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8
Q

What is a Foreign National?

A

Person not a citizen or national of the United States.

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9
Q

What is Community Caretaking?

A

The right to enter or remain on the premises of another if it REASONABLY APPEARS to be necessary to prevent SERIOUS HARM to any PERSON or PROPERTY.

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10
Q

True or False: Community Caretaking is a warrant exception.

A

False. Community Caretaking is NOT a warrant exception.

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