In December 1981 Darrell Burch was wandering along a Florida highway, bruised, bloodied and disoriented. Florida’s established procedure for involuntary placement needs to be applied “to all patients who cannot be admitted voluntarily, both those who are unwilling and those who are unable to give consent.” In providing by law that a mental patient must give informed consent to hospitalization but then failing to make provision for the patient’s competence to be examined at admission, Florida predictably violated the patient’s rights. Key Issue: “he very nature of mental illness makes it forseeable that a person needing mental health care will be unable to understand any proferred ‘explanation and disclosure of the subject matter’ of the forms that person is asked to sign, and will be unable to make ‘knowing and wilful decision’ whether to consent to admission.” Doesn’t Certify Evidence-based Programs. Not Guilty By Reason Of Insanity (NGRI).
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