Thursday, June 17, 2021

Comments by RightsRNotWrong

Showing 2 of 2 comments.

  • Yes, Michael. Forced medications in California still require either a Riese hearing process or conservatorship process (outside of the criminal context). The Riese hearing decision is only in effect while the person is inpatient, it cannot be used in the community. Not all counties have community conservatorship. Alameda has a new program but Santa Clara County will drop conservatorships once a person is living independently so I am not aware of people being dragged into doctor’s offices by law enforcement.
    I don’t know Jay Mahler I don’t think but I would very much appreciate any connections to AOT opponents in the South Bay in case the AOT discussion rears its ugly head again.

  • Hi Michael,

    I am an attorney in Santa Clara County, California who advocates for the civil rights of people in the mental health system. In the last few years, I have spent a portion of my time advocating to limit AOT statewide and to keep it out of the county I work in. I share your concern about AOT and this new technology furthering involuntary treatment and undermining the right to informed consent.

    AOT in CA does not allow for forced medications in the community, unlike Kendra’s Law in New York. I am certain it is not legal for police to drag people to psychiatrists office’s for injections, as I have heard happens in NY state. I have heard that one CA county, Nevada county, puts the recommended medication in the court order but that the administration of the medication cannot happen outside of the hospital and not without a separate capacity hearing during the inpatient commitment process. But in all other counties advocates like me have fought to ensure that medications are not a part of the AOT order and they cannot be forced in the community. I am sure that the AOT order is used to coerce and cajole people into taking medications they would otherwise refuse. I am wondering if you have heard differently about how these orders are being used across California with respect to medications.

    I very much appreciate how you put the inception of Abilify Mycite into the context of an increasingly oppressive system for delivering mental health services.