Involuntary Treatment

DEFINITIONS

GRAVELY DISABLED

“Gravely Disabled” means a condition in which a person, as a result of a mental disorder, is unable to provided for his or her basic personal needs for food, clothing and shelter. SECTION 5008 (h) W & I CODE “Gravely Disabled Minor” means a minor who, as a result of a mental disorder, is unable to use the elements of life which are essential to health, safety, and development, including food, clothing, and shelter, even though provided to the minor by others.

SECTION 5585.25 W & I CODE Mental retardation, epilepsy, or other developmental disabilities, alcoholism, other drug abuse, or repeated antisocial behavior do not by themselves, constitute a mental disorder.

PEACE OFFICER “Peace Officer” means a duly sworn peace officer as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who has completed...

Policy

Mental Health America (MHA) believes that effective protection of human rights and the best hope for recovery from mental illness comes from access to voluntary mental health treatment and services that are comprehensive, community-based, recovery-oriented and culturally and linguistically competent. It is essential that the rights of persons with mental health conditions to make decisions concerning their treatment be respected. MHA urges states to adopt laws that reflect the paramount value of maximizing the dignity, autonomy and self-determination of persons affected by mental health conditions. Voluntary admissions to treatment and services should be made more truly voluntary, and the use of advance directives should be implemented.

MHA believes that involuntary treatment should only occur as a last resort and should be limited to instances where persons pose a serious risk of physical harm to themselves or others in the near future and to circumstances when no less...