Dept of Vet Affairs VHA HANDBOOK 1160.06- "Federal government does not have civil commitment laws, state civil commitment laws must followed...?"

Former MiTT Team Leader

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Per:

"Department of Veterans Affairs VHA HANDBOOK 1160.06
Veterans Health Administration Transmittal Sheet
Washington, DC 20420 September 16, 2013
INPATIENT MENTAL HEALTH SERVICES

12. INVOLUNTARY MENTAL HEALTH TREATMENT a. As the Federal government does not have civil commitment laws, state civil commitment laws must be followed including state laws regarding the frequency of any required formal administrative reviews."

Question 1- hopefully Super Moderator:

Is the above statement correct about Mental Health Laws and the Federal Government in the US?

Especially given the following at website, for example only 38 CFR § 14.701 - Commitment and restoration proceedings. ?

Furthermore per above website: "(4) Restoration proceedings. When a veteran has been a committed patient in a Department of Veterans Affairs hospital and is subsequently rated competent by the Department of Veterans Affairs, the Regional Counsel upon request, may institute proceedings necessary to restore the veteran to full civil rights."

Question 2- hopefully Super Moderator:

Does the above ever happen with US VA regional Counsel and veterans rights fully restored, and veteran deemed competent?????

Thanks and hope this may assist some depending on answers from Super Moderators the above 2-questions......

PS: Still issues this website, internet or computer..apologies any errors......
 

Former MiTT Team Leader

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Furthermore per above website: "(4) Restoration proceedings. When a veteran has been a committed patient in a Department of Veterans Affairs hospital and is subsequently rated competent by the Department of Veterans Affairs, the Regional Counsel upon request, may institute proceedings necessary to restore the veteran to full civil rights."

So Question 3- hopefully Super Moderator:

If above is true, then is it the RESPONSIBILITY and/or DUTY of the VHA and/or Regional Counsel to INFORM the "competent" veteran that they can in fact request FULL restoration of their civil rights- considering most veterans are not attorneys?

Once again thanks, and hope this may assist some depending on answers from Super Moderators the above 2-questions......

PS: Still issues this website, internet or computer..apologies any errors......
 

chaplaincharlie

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You pose some interesting questions. I'm not an attorney, but I am a licensed MH provider. State laws vary widely.

The National Institute of Health has some great information on this:
In part the article says:
"There are two main legal principles that underly the state's interest in the process of civil commitment. The first of these is parens patriae Parens patriae is a Latin term that means “parent of the country.” It refers to a doctrine from English common law that assigns to the government a responsibility to intervene on behalf of citizens who cannot act in their own best interest.3,4,1316 A second legal principle, police power, requires a state to protect the interests of its citizens.4,5,1316 Whereas physicians have a duty to people other than our patients in only very narrow circumstances (those involving a clear and imminent threat to an identifiable person or persons),6 the state, on the basis of police powers, has a duty to consider the welfare of all people living within its boundaries. Because of this obligation to all citizens, the state has the right to write statutes for the benefit of society at large, even when providing this benefit may come at the cost of restricting the liberties of certain individuals.5"

The MH system is in dysfunction and has been for decades. This was driven by the Courts to largely end non-criminal, long term commitments. Theoretically, patients that are a danger to themselves or others should never be released. But the standard by which releases occur is flawed.
 

Former MiTT Team Leader

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The MH system is in dysfunction and has been for decades. This was driven by the Courts to largely end non-criminal, long term commitments. Theoretically, patients that are a danger to themselves or others should never be released. But the standard by which releases occur is flawed.

ChaplainCharlie- as always great to hear from you.....but really my questions pertain more to the US VA System claiming no Federal Laws governing Commitment and veterans rights under those laws by the 3-Questions above...... hopefully some attorneys this website can answer?

Might be interested in website, for example only: State and Substate Estimates of Any Mental Illness from the 2012–2014 National Surveys on Drug Use and Health and the below selected charts copied directly from stated website:

"Figure 1. Any mental illness in the past year among people aged 18 or older, by state: percentages, annual averages

1577398024802.png
Source: SAMHSA, Center for Behavioral Health Statistics and Quality, National Survey on Drug Use and Health (NSDUH), 2012 to 2014."


"Table 1. Any mental illness in the past year among people aged 18 or older, by quintile group: percentages, annual averages
1577398106880.png
Source: SAMHSA, Center for Behavioral Health Statistics and Quality, National Survey on Drug Use and Health (NSDUH), 2012 to 2014. "

(Interesting on South Alabama, would not one say among other things......as well Washington DC numbers....?????)


Additionally, ChaplainCharlie, there are those whom have been in the Federal MH System and would argue, that there are large numbers of individuals potentially being warehoused... some of them veterans, which is illegal in USA for very trivial matters?

Well, hopefully a Super Moderator with a law degree can in fact answer my original three questions as it may in fact help some veterans out there....... and as always thanks Chaplain Charlie....

PS: Still issues this website, internet or computer..apologies any errors......
 

Former MiTT Team Leader

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PEB Forum Veteran
Registered Member
It was brought to my attention should probably consolidate my questions again this Thread for ease of understanding by hope fully Super Moderator with legal background:

"12. INVOLUNTARY MENTAL HEALTH TREATMENT a. As the Federal government does not have civil commitment laws, state civil commitment laws must be followed including state laws regarding the frequency of any required formal administrative reviews."

Question 1- hopefully Super Moderator:

Is the above statement correct about Mental Health Laws and the Federal Government in the US?

Especially given the following at website, for example only 38 CFR § 14.701 - Commitment and restoration proceedings. ?

Furthermore per above website: "(4) Restoration proceedings. When a veteran has been a committed patient in a Department of Veterans Affairs hospital and is subsequently rated competent by the Department of Veterans Affairs, the Regional Counsel upon request, may institute proceedings necessary to restore the veteran to full civil rights."

Question 2- hopefully Super Moderator:

Does the above ever happen with US VA regional Counsel and veterans rights fully restored, and veteran deemed competent?????

So Question 3- hopefully Super Moderator:

If above is true, then is it the RESPONSIBILITY and/or DUTY of the VHA and/or Regional Counsel to INFORM the "competent" veteran that they can in fact request FULL restoration of their civil rights- considering most veterans are not attorneys?

Question 4 (new)- hopefully Super Moderator:

Is it legal for a State or County Judge and/or Federal Judge to ban a veteran from being transferred to the local VA System if civilly committed and local VA will accept them at their MH facility?

Once again thanks and hope th assist some vts and their families/caregivers out there.......

PS: Still issues this website, internet or computer..apologies any errors......
 

Former MiTT Team Leader

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Well was hoping a well versed Super Moderator would answer some of the questions above as think would perhaps really help vets and their families given that some have spent exceedingly long times, per internet, in MH Wards......

Those interested might find some of the below web articles interesting and are provided as example only:








Hope assists some........

Thanks and Happy New Year all at PEB Fourm

PS: Still issues this website, internet or computer..apologies any errors......
 
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