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State Supreme Court hears case over people held involuntarily for psychiatric concerns

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AdvertisementPlaintiff argues current laws written when beds were more readily availableState Supreme Court hears case over people held involuntarily for psychiatric concernsPlaintiff argues current laws written when beds were more readily availableHide TranscriptShow TranscriptSINCE 2012, 1 THAT HAS BEEN ONLY WORSENED BY THE PANDEMIC. SINCE FEBRUARY, SOME DAYS, MORE THAN 80 PEOPLE ARE HELD INVOLUNTARILY IN EMERGENCY DEPARTMENTS ALL TIME HIGHS AS THEY WAIT FOR A SPOT IN A PSYCHIATRIC FACILITY. &gt;&gt; ON VALENTINE’S DAY, THERE WERE 51 CHILDREN. AND THAT IS HEARTBREAKING. &gt;&gt; THE STATE SUPREME COURT HEARING A CASE ABOUT WHEN THE LAW WAS WRITTEN. &gt;&gt; WHEN OUR LEGISLATURE AUTHORIZE THE COMMISSIONER TO IGNORE INDIVIDUALS WHO ARE HOMICIDAL OR SUICIDAL IN HOPES PRIVATE PARTIES WOULD TAKE UP THE SLACK. JENNIFER: ATTORNEY APFEL REPRESENTS JANE DOE, HELD INVOLUNTARILY 17 DAYS IN AN EMERGENCY ROOM, BEFORE GETTING TO THE STATE HOSPITAL. A LOWER COURT ALLOWING HER RELEASE, RULING SHE WAS DENIED A HEARING WITHIN THREE DAYS OF CONFINEMENT. THE STATE APPEALING IT ARGUING THE CLOCK STARTS AT THE PSYCHIATRIC FACILITY. &gt;&gt; WHAT HAS HAPPENED IS THE SYSTEM HAS FUNCTIONALLY BROKEN DOWN. THERE IS NO ROOM WITHIN THE SYSTEM, SO THAT PEOPLE ARE ON THE OUTSIDE OF THE SYSTEM ARE NOT IN IT. &gt;&gt; THE CITIZENS OF NEW HAMPSHIRE THAT HAVE MENTAL HEALTH CRISES BEAR THE BRUNT OF THE SYSTEM BEING BROKEN DOWN? &gt;&gt; WE CAN STAND UP MASS VACCINATION SITES TO DEAL WITH THE PANDEMIC CRISIS AS WE SHOULD, HOW COME WE ARE UNABLE TO DO THE SAME THING TO ADDRESS A MENTAL HEALTH CRISIS? JENNIFER: THE GOVERNOR SAYS THERE ARE ONGOING EFFORTS TO OPEN MORE BEDS AND HIRE MORE STAFF. AND LONG TERM STRATEGIC PLANNING. NORTON’S POINT IS THAT WE NEED ACTION NOW AND THAT WE MAY WANT -- WHILE WE MAY NOT WANT TO SEE PEOPLE EXPERIENCING A MENTAL HEALTH CRISIS NECESSARILY BE RELEASED, BUT RATHER GET THE HELP THEY NEED, WHEN THEY NEEDAdvertisementState Supreme Court hears case over people held involuntarily for psychiatric concernsPlaintiff argues current laws written when beds were more readily availableThe New Hampshire Supreme Court is hearing a case centered on the legal rights of people held involuntarily because of psychiatric concerns.The case has a narrow focus on the interpretation of law, but it amplifies a crisis growing in New Hampshire since 2012 that has worsened during the pandemic.Since February, more than 80 people on some days have been held involuntarily in emergency departments as they wait for a spot in a psychiatric facility. "On Valentine's Day, there were 51 children, and that is heart-breaking," said Ken Norton, of the New Hampshire chapter of the National Alliance on Mental Illness.Thursday's hearing focused on a law that was written when psychiatric placement was immediate."Would our Legislature authorize the commissioner to ignore individuals who are homicidal or suicidal in hopes that private parties will take up the slack?" said attorney Gary Apfel, who is representing a woman referred to in court documents as Jane Doe.Apfel's client was held involuntarily for 17 days in an emergency room before being moved to the state hospital. A lower court allowed her release, ruling she was denied a hearing within three days of confinement.The state appealed, arguing that the clock starts at the psychiatric facility. "What's happened is the system is functionally broken down," said Senior Assistant Attorney General Anthony Galdieri. "There's no room within the system, so the people are outside the system. They're not in it.""So, the citizens of New Hampshire that have mental health crises should be the ones who bear the brunt of the system having broken down?" asked Associate Justice James Bassett."We can stand up emergency surge centers and mass vaccination sites to deal with the pandemic crisis, as we should," Norton said. "How come we are unable to do the same thing to address a mental health crisis?"Gov. Chris Sununu said there are ongoing efforts to open more beds and hire more staff. Norton said his organization doesn't necessarily want to see people experiencing a mental health crisis be released, but rather get the help they need when they need it.The New Hampshire Supreme Court is hearing a case centered on the legal rights of people held involuntarily because of psychiatric concerns.The case has a narrow focus on the interpretation of law, but it amplifies a crisis growing in New Hampshire since 2012 that has worsened during the pandemic.AdvertisementSince February, more than 80 people on some days have been held involuntarily in emergency departments as they wait for a spot in a psychiatric facility. "On Valentine's Day, there were 51 children, and that is heart-breaking," said Ken Norton, of the New Hampshire chapter of the National Alliance on Mental Illness.Thursday's hearing focused on a law that was written when psychiatric placement was immediate."Would our Legislature authorize the commissioner to ignore individuals who are homicidal or suicidal in hopes that private parties will take up the slack?" said attorney Gary Apfel, who is representing a woman referred to in court documents as Jane Doe.Apfel's client was held involuntarily for 17 days in an emergency room before being moved to the state hospital. A lower court allowed her release, ruling she was denied a hearing within three days of confinement.The state appealed, arguing that the clock starts at the psychiatric facility. "What's happened is the system is functionally broken down," said Senior Assistant Attorney General Anthony Galdieri. "There's no room within the system, so the people are outside the system. They're not in it.""So, the citizens of New Hampshire that have mental health crises should be the ones who bear the brunt of the system having broken down?" asked Associate Justice James Bassett."We can stand up emergency surge centers and mass vaccination sites to deal with the pandemic crisis, as we should," Norton said. "How come we are unable to do the same thing to address a mental health crisis?"Gov. Chris Sununu said there are ongoing efforts to open more beds and hire more staff. Norton said his organization doesn't necessarily want to see people experiencing a mental health crisis be released, but rather get the help they need when they need it.Loading more articles...

AdvertisementPlaintiff argues current laws written when beds were more readily availableState Supreme Court hears case over people held involuntarily for psychiatric concernsPlaintiff argues current laws written when beds were more readily availableHide TranscriptShow TranscriptSINCE 2012, 1 THAT HAS BEEN ONLY WORSENED BY THE PANDEMIC. SINCE FEBRUARY, SOME DAYS, MORE THAN 80 PEOPLE ARE HELD INVOLUNTARILY IN EMERGENCY DEPARTMENTS ALL TIME HIGHS AS THEY WAIT FOR A SPOT IN A PSYCHIATRIC FACILITY. &gt;&gt; ON VALENTINE’S DAY, THERE WERE 51 CHILDREN. AND THAT IS HEARTBREAKING. &gt;&gt; THE STATE...

State Supreme Court hears case over people held involuntarily for psychiatric concerns

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