Section Newsletters

Articles on Mental Health

Appellate Summary By Andreas Liewald Mental Health Law, December 2021 A summary and analysis of In re Hans T.
Legal Mechanisms for Family Involvement in Caring for Persons with Serious Mental Illnesses By Mark J. Heyrman Mental Health Law, December 2021 Continuity of care for adults with serious mental illnesses remains a problem in Illinois, particularly for persons who may, from time to time, be admitted to an inpatient psychiatric facility. 
You Are Not Alone By Yasmine A. Owaynat & E. Kenneth Wright Mental Health Law, December 2021 The discourse surrounding mental illness is overwhelmed with stigmas and stereotypes that impede people from seeking or fully participating in mental health services.
Issues in Defending Mental Health Court Clients By Timothy Lea Mental Health Law, November 2021 A look at what makes the practice of mental health law unique as compared to other areas of law.
Mental Health Court in the Age of Zoom By Vincent Cail Mental Health Law, November 2021 By now most courts in Illinois that handle mental health calls are required to function remotely via Zoom—however, virtual court hearings offer both benefits and pitfalls.
Three-Legged Stool of Mental Health Treatment By Joseph T. Monahan Mental Health Law, November 2021 An overview of a three-pronged model to help clients and their loved ones get the services they need when mental health issues are present.
Celebrate Mental Health Month By Joseph Monahan Mental Health Law, May 2021 Mental Health Month is observed in May every year to raise awareness and educate the public about mental health issues.
The Confidentiality of Mental Health Records: When Are They Secret? By Patrick M. Kinnally Civil Practice and Procedure, May 2021 When the focus of court mandates are mental health records, the bar for disclosure of such records and communications requires pause, perspicacity, and patience.
How the COVID-19 Pandemic Impacts Mental Health Law and Practice: Some Resources to Address These Concerns By Barbara Goeben Mental Health Law, May 2021 A look at the unique wasy in which the COVID-19 pandemic has affected mental health law and practice.
Observe Mental Health Month: Care for Yourself, Your Community By Robert E. Wells, Jr. Mental Health Law, May 2021 Ways to observe Mental Health Month.
The Illinois Mental Health Task Force Virtual Summit Session 2—Mental Health Diversions From the Justice System through Leadership, Collaboration, Building Momentum, and Moving Forward With Lessons Learned From the Pandemic By Eun K. Yoon Mental Health Law, February 2021 A summary of the second session from the Illinois Mental Health Task Force Virtual Summit, which focused on creative responses to help the most vulnerable populations during the pandemic.
The Illinois Mental Health Task Force Virtual Summit Session 3—Learning From the Voices of Lived Experience: Informing Change By Juanita Archuleta Mental Health Law, February 2021 A summary of the third session from the Illinois Mental Health Task Force Virtual Summit, which focused on a holistic approach to treatment and featured the lived experiences of two people in crisis, their involvement with criminal law, and their efforts to get help.
The Illinois Mental Health Task Force Virtual Summit Session 4—How Mental Illness and Trauma Affect Quality of Life By Cheryl R. Jansen Mental Health Law, February 2021 A summary of the fourth session from the Illinois Mental Health Task Force Virtual Summit, which focused on how mental illness and trauma affect quality of life.
The Illinois Mental Health Task Force Virtual Summit Session 5—Illinois’ Path to Improving the Court and Community Responses to Persons with Mental Illness: Bringing the Community Together in One Voice and Common Mission By Sandra Blake Mental Health Law, February 2021 A summary of the fifth and final session from the Illinois Mental Health Task Force Virtual Summit, which served as a call to action to improve our court, community, and system responses to persons with mental illness and co-occuring disorders.
Chief Justice Anne M. Burke Convenes Illinois Mental Health Task Force Virtual Summit Mental Health Law, October 2020 Illinois Supreme Court Chief Justice Anne Burke's opening remarks from the Illinois Mental Health Task Force Virtual Summit.
The Illinois Mental Health Task Force Virtual Summit Session 1—The 21st Century Crisis System: Strategies for Mental Health and Law Enforcement Collaboration to Prevent Justice Involvement By Matthew R. Davison Mental Health Law, October 2020 On September 29, 2020, the National Judicial Task Force to Examine State Courts’ Response to Mental Illness and the State Justice Institute hosted the first of five virtual sessions to support the Illinois Supreme Court’s ongoing efforts aimed at coordinating solutions for our community members living with mental illness.
Appellate Update By Andreas Liewald Mental Health Law, February 2020 Summaries of recent appellate decisions of interest to mental health law practitioners.
Case Summary: In re H.P., 2019 IL App (5th) 150302 (Opinion Filed July 1, 2019) By Barbara Goeben Mental Health Law, February 2020 A summary of In re H.P., in which the court reversed an involuntary medication order.
Case Summary: In re L.K., 2019 IL App (1st) 163156 (Opinion Filed November 27, 2019) By Ann Krasuski Mental Health Law, February 2020 A summary of In re L.K., in which the state failed to bring evidence of the sole allegation in its petition.
Governor Signs Children & Young Adult Mental Health Crisis Act By Amber Kirchhoff Mental Health Law, February 2020 Last fall, Governor Pritzker signed the Children & Young Adult Mental Health Crisis Act into law, which took aim at many of the deficiencies in mental health services for youth across Illinois.
State’s Attorneys Exclusively Authorized to Present Civil Commitment Petitions By Kathleen Watson Mental Health Law, February 2020 According to an informal opinion, the state’s attorney is exclusively authorized by statute to present petitions for civil commitments proceedings on behalf of the people of Illinois.
Mental health review By Hon. E. Kenneth Wright, Jr. Mental Health Law, July 2019 Stress, anxiety, depression, and grief are common problems that can lead to serious health, career, and relationship problems, especially for lawyers.
Working together to increase awareness and reduce stigma of mental illness By Sandra Blake Bench and Bar, July 2019 The Mental Health Section Council is looking to increase awareness and reduce stigma of mental health issues and treatment, and welcomes any ideas.
False imprisonment under the mental health code By Andreas Liewald Mental Health Law, June 2019 The appellate court recently held that a hospital may be held liable for false imprisonment if it does not comply with the requirements and procedures of the Mental Health and Developmental Disabilities Code.
Illinois Supreme Court issues new rule regarding use of restraints in mental health and disability cases By Meryl Camin Sosa Mental Health Law, May 2019 The Illinois Supreme Court has issued Supreme Court Rule 296, which requires that trial courts not use restraints on individuals involved in Mental Health and Developmental Disabilities Code proceedings unless the court conducts a separate hearing on the record as to the necessity for restraints.
Mentally ill inmates continue to suffer 10 years after filing class action lawsuit Mental Health Law, December 2018 A federal court has found that the state of Illinois continues to violate the constitutional rights of more than 12,000 prisoners with mental illness.
Recognizing and respecting the limitations of emergency medications By Sarah Berkowitz & Matthew R. Davison Mental Health Law, December 2018 An adult recipient of mental health services in Illinois has the right to refuse medication, and, with the exception of two circumstances, the refusal must be honored.
7 health organizations file lawsuit to protect consumers with pre-existing conditions, allege the short-term, limited-duration plan final rule discriminates Mental Health Law, October 2018 Seven organizations recently filed suit in the U.S. District Court for the District of Columbia to invalidate the short-term, limited-duration insurance plan rule issued in August by three federal agencies.
Appellate update By Andreas Liewald Mental Health Law, October 2018 A summary and analysis of the recent appellate case, Lakewood Nursing & Rehabilitation Center, LLC v. Department of Public Health.
CLE program highlighted mental health issues and legal professionalism By Dara M. Bass Mental Health Law, October 2018 An an in-depth summary of the recent “What’s New in Mental Health Law: Mental Health Issues and Legal Professionalism" CLE event. 

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