Legal Issues Flashcards
What conditions need to be met in order to civilly commit someone?
1- have a mental disorder
2- be an imminent danger to themselves or others
What are the legal rights of individuals with a mental illness? (5)
right to freedom, right to refuse treatment, right to treatment, right to privacy & right to fair legal proceedings
When can confidential information be disclosed?
1- treatment team
2- protection of others at risk for harm
3- patient is a risk to themselves
4- written consent by the client
What is considered child abuse? Elder abuse?
CA: physical, emotional, neglect, sexual, abandonment, truancy (school), behavioural problems
EA: physical, sexual, financial, emotional and neglect
Describe the sequence of event and possibilities from the time a person with a mental illness has been arrested until their conviction
psychiatric evaluation, fit, set trial or bait, trial, verdict, sentence
psychiatric evaluation, unfit, either forced to treatment until trial, receive treatment in community or conditional discharge
What happens when a person is found unfit to stand trial?
1- criminal commitment
2- order for treatment
3- conditional discharge
What conditions need to be met for a person to be found NCRMD?
either they did not know what they were doing or they did not know it was wrong
What happens when a person is found NCRMD?
1- criminal commitment (psychiatric hospital)
2- conditional discharge (conditions)
3- absolute discharge (charges are dropped)
When could a person be held in a psychiatric hospital against their will? How long would they stay?
needed for the well being of the person and/or surrounding people, until they are no longer a danger