Chapter 17 Flashcards
Civil Commitment Laws
Legal proceedings that determine a person gas a mental disorder
and may be hospitalized, even involuntarily (Each province/territory has their own civil
commitment laws)
Conditions for Civil Commitment
- Individuals have a mental disorder
- They are a danger to themselves or others
- They are in need of treatment
(everywhere in Canada requires the second but not always the first and the third)
Mental Health Acts
-Civil commitment laws fall under provincial or territorial
-Detail when a person can be legally placed in a psychiatric institution (even against will)
Community Treatment Order
They will be released form the hospital as long as they do not violate this
(this could be taking meds or following therapy ect..)
CCT
Compulsory Community Treatment; prevent relapse and provide care in a less restrictive environment
Legal Definition of Mental Illness
-severe emotional or thought disturbances that negatively
affect and individuals health and safety
(Not synonymous with psychological disorder)
-receiving DSM-5 diagnoses does not mean that the person fits the legal definition
Dangerousness
-Critical but controversial feature of the civil commitment process
-Tendency to violence that, contrary to popular opinion, is not more likely among mental patients
Deinstitutionalization
Systematic removal of people with severe mental illness or intellectual development disorder from institutions like psychiatric hospitals
Transinstitutionalization
Movement of people with severe mental illness from large psychiatric
hospitals to small group residences
Active Plan
Suicide plan in place ready to go
Passive
Saying things like I don’t want to be here anymore, or how nice would it be if I just got hit by a car on the way home
Criminal Commitment
Legal procedure by which a person is found not criminally responsible
on account of mental disorder must be confined in a psychiatric hospital
NCRMD; Not criminally responsible on account of a mental disorder
NGRI; Not guilty by reason of insanity (not really used anymore)
Expert Witnesses
-Person who because of special training and experience is allowed to offer opinion testimony in legal trials
-can provide info but can’t determine if someone has a mental illness in legal terms
-can identify malingering
-can asses potential for future violence
-can asses fitness to stand trial
Imminent Threat
self defence
Nonimminent Threat
harm done when not immediately in harms way (though potentially justifiable)
Criminal Commitment Process
They have been accused of committing a crime and are detained in a mental health facility until fit to participate in legal proceedings
or
They have been found not criminally responsible on account of a mental disorder (NCRMD)
Fitness to Stand Trial
To stand trial, people must be able to understand the charges against
them and to assist with their own defense
What happens if you are not fit to stand trial?
-Conditionally discharged
-Detained in hospital
-Ordered to receive treatment
Way to tell if someone is fit to stand trial
Fitness Interview Test–Revised
Duty to Warn
Mental health professionals’ responsibility to break confidentiality and notify the
potential victim whom a client specifically threatened
Ethics and Treatment of
Mental Illness
Boundary Issues;
-Psychologists to avoid dual relationships
-Psychologists should not exploit relationships with clients
Do No Harm;
-Minimize harm to clients
Recognizing Limits of Competence;
-Practise within limits of their competence
The Right of Research Patients
According to the Tri-Council policy statement (2014), researchers must;
-Respect dignity of participants
-Obtain informed consent by the subject to participate
-Full information about risks and benefits
