Welcome to the forum thread for "The Rights of the Mentally Ill," the Justice Talking show for the week of April 28-May 4, 2008.

State laws permit the involuntary commitment of those suffering mental illness if they are a danger to themselves or others. But how do these commitment laws work in practice? Do laws aimed at protecting patients' rights prevent the mentally ill from getting the help they need? Are they violating the civil liberties of the mentally ill? The law and the mentally ill, this week on Justice Talking.

Please post your comments on this Justice Talking issue using this thread.

Thanks for your participation!

Annie Juergens Behr
Outreach Coordinator

The first right that needs to be affirmed is the right to correct diagnosis.  People may have a diverse range of symptoms, causes, and effects.  One would not administer insulin to a person who has mild Type II Diabetes.  Neither should "the mentally ill" be lumped together as though each person has the same illness than another.

The long arm of the law shoud only reach where there is a real danger of harm to oneself or others.  Lifestile issues are not a governmental matter.

There are community based treatment centers and participation is voluntary.  It is important to DIAGNOSE first and treat later.  When medication is prescribed by a medical doctor who has actually examined the patient there needs to be followup how well midication is tolerated.  We would not ignore an allergy to an anti-biotic, yet there is a tendency to dismiss side effects of psycho-tropic drugs.

To effectively address "the mental health problem" we need to respect each individual is a unique person who has the same rights as all other people in the society. 

I am a mentally ill person who currently takes no medication and is completely functional without medication.  I have.  I am also attending college in an Honors program in New Orleans.

In 2004 I lost custody of my four children when Illinois department of children and family services went into court and lied stating that I had not completed services.  They did this because I had pointed out to them that I did not legally have to take medication.  Although the doctors reports forced them to have to drop the mental illness portion of the case, I still lost custody due to the lie.  They then denied me the right to an appeal, stating I had not been selected to be heard by the appellate court.

I have been trying to get a lawyer for the past four years.  I am out priced in my rights.  My children have been placed up for adoption. 

And yet I continue to try and I am now convinced that I will become a lawyer before I am able to find a pro bono attorney.

In my case as in the case of many other parents around the country, it is the laws and the procedures that are at fault.

We are literally placed into the hands of our accused for services and all decisions are made by a social worker before they are ever presented to the Judge.  In other words my children were in the home that was going to adopt them before the Judge even had a hearing to sever my rights.

So while these laws are good and it is a start there is a long way to go as far as the rights of the mentally ill and also the rights of the poverty stricken as well.  We are left at the mercy of the system.

I also had an experience working as a nurses aid in a nursing home and I again saw the same technique done on the patients.  The nurse would exaggerated the actual symptoms of a patient and exaggerated the behaviors in order to force the patient into having to take medication. 

It is just more comfortable, not for the patient, but for those around them.  They feel better if you are on medication.

Again my case is very mild but it has cost me dearly.  There are alternatives to medication that can help a patient who is in a position to refuse medication.  I myself found that looking to God was my best recourse. 

I hope this helped you.

my e-mail address is kldudley45@yahoo.com just ask

 

 

 

 

First PLEASE CONTACT CENTER FOR INDEPENDENT LIVING IN YOUR AREA.   Ask for assistance to find legal services to represent your interests as a person with a disability.  I assume your children have a publicly funded attorney to represent THEIR interests.

Now to the overall rights of people who have been diagnosed as "mentally ill".  Neurology is a reasonably exact science, psychiatry is not.  For this and many other reasons I oppose compulsory medication of people who are believed to be mentally ill.

This right does not protect a person from consequences of behavior society deems unacceptable or unlawful.  There we enter the gray area of "what is acceptable"?  For example, an adult who lives independently may be fine in small quarters.  Overcrowding where small children live may pose a fire hazard.

Unfortunately, inappropriate living conditions for children often have nothing to do with the adult care giver's mental state.  Children are the poorest group in our population. 

To effectively balance the right of parents and children when mental health concerns have been raised it is important to make sure there is a correct diagnosis of the primary care giver,  and adequate funding to maintain a secure home.  If the parent declines medication and actions occur that are not safe for the children the ACTIONS need to be addressed.  

I have a new concern but I am not sure exactly what category it would fall in.

I am attending school here in New Orleans.  Because I live in a poor neighborhood and attend a state school, when I applied for financial aid I was at first told that I had to provide a high school diploma in addition to my college transcripts. 

So I did.

Now it is almost November and they are now requesting a medical release for me to return to work.  They say this is because I wrote off my student loans due to a mental Illness back in '96.   They have a copy of my income tax return from last year as well as proof that I have rec'd loans since that time.

I went to two doctors who refused to sign the release to return to work.  ( I am currently employed but the school did not have a medical release to return to school)

Is this discrimination?  or is this just a case of government bureaucracy?

Shouldn't the fact that I am maintaining over a 3.0 and working be enough proof without a medical release?  Since I have already returned to school and gotten loans from other financial aid departments is this undue hardship?

 

Kristina Dudley

kldudley45@yahoo.com

Kristina, I think you are in a paper muddle.  Were you given a form to fill out about your "release to work"?  Do you also need a "release to school"?  I don't understand why two doctors are not willing to sign an ordinary medical paper.  

Do you have an adviser at school who can unravel the "paperitis"?

Is there an ordinary health/sickness clinic at your school so someone qualified can examine you and sign the papers?

If necessary can you access a psychiatrist to sign what you need?

PEOPLE WHO HAVE MENTAL ILLNESS AND ARE PROPERLY MEDICATED CAN WORK AND STUDY!

My best wishes to your career and academic pursuits.