Section Newsletters

Articles on Mental Health

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. 
Mental illness and parenting By Susan O’Neal Mental Health Law, October 2018 The recently-decided case In re K.E.S. makes clear that the fact that a parent may be living with a serious mental illness does not mean that this parent is unfit or unable to parent their children.
Outgoing chair presented with plaque Mental Health Law, October 2018 Outgoing chair Rob Connor received a plaque for his work as the Mental Health Law Section Council chair. 
Appellate updates By Andreas Liewald Mental Health Law, June 2018 Analyses of two recent appellate cases, In re Jian L. and In re Wilma T.
Children and mental health law By Dara M. Bass Mental Health Law, June 2018 A summary of the recent "What's New in Mental Health Law: Mental Health Issues and Legal Professionalism" CLE that took place on May 16.
Presentation provides insights into work of psychiatric advanced practice nurses By Patti A. Werner Mental Health Law, June 2018 To aid in the understanding of possible changes to the Mental Health and Developmental Disabilities Code, it is important to understand the education, licensing requirements, scope of practice, and day-to-day work of psychiatric mental health nurse practitioners.
Case law update By Andreas Liewald Mental Health Law, February 2018 Recent cases of interest to mental health law practitioners.
Alternative court aims to keep the mentally ill from repeat criminal acts By Judith Miller Mental Health Law, December 2017 With more than a decade of statistics available since the inception of the Treatmetn Alternative Court in the 16th Judicial Circuit, Kane County has contracted with Aurora University to conduct a full analysis of the impact of TAC. Pursuant to the Mental Health Treatment Act, the county’s study will include an analysis of recidivism rates.
The Awakenings Project facilitates empowerment, advances recovery By Irene Lamb O’Neill & Robert King Lundin Mental Health Law, December 2017 People familiar with psychiatric illnesses understand the painful loss of purpose and self-esteem that often accompanies these disorders. The arts can heal some of these wounds, providing individuals who struggle with these disabling illnesses hope, purpose and a sense of identity.
The case for agreed outpatient in Illinois By Matthew R. Davison Mental Health Law, September 2017 The number of Illinois agreed outpatient orders are few and far between, but this is changing.
McWilliams v. Dunn: An unseemly maneuver or a necessary compromise? By Matthew R. Davison Mental Health Law, September 2017 Of all the cases from the Court’s recent October term, McWilliams carried significant implications for the capital bar, as well as for those practitioners representing clients with mental illness.
Race, ethnicity affect kids’ access To mental health care, study finds By Shefali Luthra Employee Benefits, September 2017 Getting treatment for a mental health condition remains difficult — and it’s worse for children, especially those who identify as black or Hispanic.
Summary of appellate opinions By Andreas Liewald Mental Health Law, September 2017 Recent cases of interest.
Summary of “Innovations in Mental Health Law: Outpatient Treatment in Illinois” By Dara M. Bass Mental Health Law, September 2017 On May 17, 2017, the ISBA Mental Health Law Section Council hosted a CLE event focused on the innovations in mental health law surrounding outpatient treatment.
Appellate update By Barbara Goeben Mental Health Law, June 2017 Recent cases of interest to mental health practitioners.
A final court’s not-so-final words By Matthew R. Davison Mental Health Law, June 2017 Practitioners must remember to consider other resources and authority outside of applicable case law or risk overlooking critical developments stemming from both decisions.
Mental health treatment inside the Illinois prison system and upon release from prison By Dara M. Bass Mental Health Law, June 2017 The Section Council recently welcomed attorney Stuart Chanen to discuss mental health statistics and issues within Illinois' prison population.
Race, ethnicity affect kids’ access To mental health care, study finds By Shefali Luthra Diversity Leadership Council, June 2017 Getting treatment for a mental health condition remains difficult — and it’s worse for children, especially those who identify as black or Hispanic.
21st Century Cures Bill includes important changes to Federal mental health policy and funding By Mark Heyrman Mental Health Law, February 2017 A summary of the key changes to federal mental health law and policy contained in the new "21st Century Cures" Act.
Can a defendant be compelled to submit to a Rule 215 physical or mental examination? By Albert E. Durkin Mental Health Law, February 2017 Are there circumstances where a plaintiff can request that the Court compel the defendant to submit to a physical or mental examination by a physician designated by the plaintiff? The case of Jane Doe v. Norman Weinzweig answers that question.
Choosing a safe and effective mental health application: Understanding what factors should be considered to protect patients from a lack of FDA regulation By Sarah Costa Mental Health Law, February 2017 Most mental health apps do not change a phone into a medical device, nor are they intended to be used as an accessory to an already regulated medical device. As such, most will avoid FDA regulation.
A resolution for 2017: Giving serious consideration to outpatient treatment By Matthew R. Davison Mental Health Law, February 2017 This article highlights the new Cook County Assisted Outpatient Treatment Program and is meant to spur further contemplation and dialogue among those providers not participating in the program about how outpatient treatment demands serious consideration now, more than ever.
Can a defendant be compelled to submit to a Rule 215 physical or mental examination? By Albert E. Durkin Tort Law, December 2016 Are there circumstances where a plaintiff can request that the Court compel the defendant to submit to a physical or mental examination by a physician designated by the plaintiff? The case of Jane Doe v. Norman Weinzweig answers that question.
CIT (Crisis Intervention Team) and the emergency response to a crisis that involves the police By Dara M. Bass Mental Health Law, December 2016 The ISBA Mental Health Law Section Council recently welcomed Alexa James, the Executive Director of National Alliance on Mental Illness Chicago, to speak about the emergency crisis responses by the police.

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