From the Mental Patient to the Person
Federal law, regulations or court cases establish other rights, such as the right to refuse treatment. This booklet is a discussion of Kansas law only. Three of those terms have the following definitions:. Treatment Facility - This means any mental health center or clinic, psychiatric unit of a medical care facility, psychologist, physician or other institution or individual authorized or licensed to provide either inpatient or outpatient treatment to any person.
Mental health centers employ these persons or they work for mental health centers under contract. The law provides that no person may be admitted to a state psychiatric hospital for evaluation or treatment unless a qualified mental health professional employed by a mental health center has screened the person. The mental health professional must authorize the admission in writing. Voluntary Admission for Treatment - A person maybe voluntarily admitted to a treatment facility if certain conditions exist.
Besides the mental health center screening, treatment facility staff must decide that the person is in need of treatment and has the capacity to consent to treatment. Before leaving a treatment facility, a voluntary patient must submit a written request for discharge. Treatment facility staff also may file a petition if the voluntary patient refuses reasonable treatment efforts. In some situations, a legal guardian may admit a ward for voluntary treatment. Such admissions occur only when a court has previously granted this power to the guardian.
Authority to make this type of voluntary admission expires automatically if it is not used during a two-year period. Emergency Observation - For some individuals, their first contact with the mental health system may be through a period of emergency observation. Law enforcement officers may transport a person to a treatment facility for emergency observation only after reasonably concluding that the person has a mental illness, and is likely to cause harm to self or others.
A physician or psychologist must evaluate the individual within a reasonable time. The individual requesting an emergency observation order must also agree to file an application for determination of mental illness see p. While undergoing emergency observation, an individual has additional specific rights: 1. The facility staff must inform the person about his or her legal rights. Ex Parte Emergency Order - A request for an Ex Parte Order may accompany a petition that someone is a person with mental illness subject to involuntary commitment see p.
The order, if granted by a judge, may authorize a facility to continue to detain a person being held for emergency observation. For others not already in custody, the Ex Parte Order allows law enforcement officers to transport a person to a designated treatment facility or other suitable facility. Courts enter Ex Parte Orders and state hospitals enforce the orders only if a qualified mental health professional authorizes the admission.
Persons subject to Ex Parte Orders may not be admitted to jails or other non-medical facilities used to confine persons charged with crimes. An Ex Parte Order expires at the end of the second day the district court is open after the court issues the order and courts may not issue successive Ex Parte Orders.
Temporary Custody Order - When someone files a petition to involuntarily commit a person see p. An explanation of the rationale for detaining the person until the commitment hearing must accompany the petition. The district court must schedule a hearing on the request. If the person does not have an attorney, the court must appoint one, and the person is usually entitled to attend the hearing on the request for a Temporary Custody Order.
The hearing generally is informal. At the end of the hearing, the court may grant a Temporary Custody Order if the judge makes two rulings:. This is done in the district court of the county in which the person lives, or is present.
11 Things Those Who Love A Person With Mental Illness Should Know
The individual must be informed that a petition for determination of mental illness is pending. Specifically, the notice given to the individual must state the following:.
That someone has filed a petition asking that the individual receive court-ordered treatment,. That the individual has the right to a jury trial. After the filing of a petition, the court must issue several preliminary orders: 1. The first is an order setting the time and place for hearing the petition. The court should hold the hearing 7 to 14 days after the petition is filed. A jury trial may be requested after an attorney is appointed. The court must order that the individual meet with his or her court-appointed attorney. This meeting should occur at least five days before the hearing.
If the court does not find probable cause, it will not order an evaluation, and the proceedings are over.
Kansas Law contains a specific limitation on the administration of medication before hearings. The only exception to this limitation is if the medication or therapy is necessary to sustain life or protect the patient or others. During the commitment hearing, an individual has several specific rights, including the right to be present at the hearing.
How To Love Someone With A Mental Illness
If the individual requests in writing to be present at the hearing, the court cannot exclude the individual from the hearing. The individual also has the right to present and cross-examine witnesses. In most cases, symptoms can be managed with a combination of medications and talk therapy psychotherapy. Signs and symptoms of mental illness can vary, depending on the disorder, circumstances and other factors.
Mental illness symptoms can affect emotions, thoughts and behaviors. Sometimes symptoms of a mental health disorder appear as physical problems, such as stomach pain, back pain, headaches, or other unexplained aches and pains. If you have any signs or symptoms of a mental illness, see your primary care provider or a mental health professional.
Most mental illnesses don't improve on their own, and if untreated, a mental illness may get worse over time and cause serious problems. Suicidal thoughts and behavior are common with some mental illnesses. If you think you may hurt yourself or attempt suicide, get help right away:. If your loved one shows signs of mental illness, have an open and honest discussion with him or her about your concerns.
You may not be able to force someone to get professional care, but you can offer encouragement and support. You can also help your loved one find a qualified mental health professional and make an appointment. You may even be able to go along to the appointment. If your loved one has done self-harm or is considering doing so, take the person to the hospital or call for emergency help. Mental illnesses, in general, are thought to be caused by a variety of genetic and environmental factors:.
Mental illness is common. About 1 in 5 adults has a mental illness in any given year.
Living with a person suffering from mental illness
Mental illness can begin at any age, from childhood through later adult years, but most cases begin earlier in life. The effects of mental illness can be temporary or long lasting. You also can have more than one mental health disorder at the same time. For example, you may have depression and a substance use disorder.
Mental illness is a leading cause of disability. Untreated mental illness can cause severe emotional, behavioral and physical health problems. Complications sometimes linked to mental illness include:. There's no sure way to prevent mental illness. However, if you have a mental illness, taking steps to control stress, to increase your resilience and to boost low self-esteem may help keep your symptoms under control. Follow these steps:. Mayo Clinic does not endorse companies or products.
Mental health and wellbeing - Legal Aid Queensland
Advertising revenue supports our not-for-profit mission. This content does not have an English version. This content does not have an Arabic version. Overview Mental illness, also called mental health disorders, refers to a wide range of mental health conditions — disorders that affect your mood, thinking and behavior.
Request an Appointment at Mayo Clinic. Share on: Facebook Twitter. Arlington, Va. Accessed April 8, Dual diagnosis. National Alliance on Mental Illness.