Section Newsletters

Articles on Mental Health

Alcohol and mental health problems demand action By Patrick Krill Bench and Bar, May 2016 A recently published study confirms a substantial level of behavioral health problems among attorneys and, in short, reveals cause for great concern.
Appellate update By Andreas Liewald Mental Health Law, May 2016 Illinois Supreme Court In re Linda B., 2015 IL App (1st) 132134 (February 18, 2015) Illinois Guardianship and Advocacy Commission has filed a PLA and has filed a Motion for Extension. Respondent was held on medical floor for 17 days before a petition for involuntary admission was filed.
Your client has just been found not guilty by reason of insanity—Your work is not over By Mark J. Heyrman Mental Health Law, May 2016 Following this successful defense, counsel must ensure that: (1) the defendant is transferred promptly to a Department of Human Services facility for an evaluation; (2) the defendant receives a commitment hearing; and (3) if the defendant is committed, he is given a commitment which is no longer than authorized under 730 ILCS 5/5-2-4(b).
New laws in 2016 By Joseph T. Monahan Mental Health Law, April 2016 The new year brought a variety of new laws and amendments to existing laws taking effect in Illinois.
Privacy of mental health records in Illinois: The Mental Health & Developmental Disabilities Confidentiality Act By Sarah J. Taylor Mental Health Law, April 2016 An overview of the Act and some of the issues that can arise when practitioners seek access to mental health records in various situations.
Appellate update By Andreas Liewald Mental Health Law, March 2016 Recent cases of interest.
Review of Illinois mental health legislation—2015 By Mark J. Heyrman Mental Health Law, March 2016 Highlights of the bills passed in Illinois in 2015 that affect those who work in the mental health field.
Privacy of mental health records in Illinois: The Mental Health & Developmental Disabilities Confidentiality Act By Sarah J. Taylor Family Law, February 2016 An overview of the Act and some of the issues that can arise when practitioners seek access to mental health records in various situations.
Competitive, integrated employment: The next step in achieving community integration for people with disabilities By Cheryl R. Jansen Mental Health Law, December 2015 While it is important to celebrate the advances made by people with disabilities since the ADA was passed, it is equally important to examine what remains to be done.
The living room alternative to ER visits for mentally ill patients in crisis By Susan O’Neal Mental Health Law, December 2015 As lawyers, we should be interested in the Living Room concept because it potentially represents the most humane and least restrictive means of defusing a mental health crisis.
Parent with developmental disability discriminated against by Massachusetts in violation of ADA and Section 504 of the Rehabilitation Act By Patti Werner Mental Health Law, June 2015 To permit termination of parental rights based on the “inability to discharge parental duties,” without identifying those duties or defining how they are measured, invites the same kinds of presumptions and stereotypes that the DOJ and HHS found violated the ADA in the Massachusetts case.
Reporting under FOID Act By Joseph T. Monahan Mental Health Law, June 2015 Attorneys representing physicians, hospitals, therapists and other medical and mental health practitioners must be aware of the requirements under the Act to properly advise their clients as to how to satisfy their duty to report.
Sharing mental health records in Illinois: An overview of confidentiality concerns By Dara M. Bass Mental Health Law, June 2015 Highlights from the Section's April 10th CLE program.
The 2015 Health Care Power of Attorney Act and Form: Mental health perspective deficiencies By Daniel G. Deneen Mental Health Law, May 2015 The author argues that Illinois' new Health Care Power of Attorney form contains objectionable flaws.
How to properly issue subpoenas for mental health records By Scott D. Hammer Mental Health Law, May 2015 Since attorneys can be successfully sued for failing to follow Section 10(d) of the Confidentiality Act, it would be in every attorney’s best interest to learn and comply with the necessary requirements before issuing a subpoena for mental health records.
1 comment (Most recent March 12, 2024)
Appellate update By Andreas Liewald Mental Health Law, April 2015 Recent cases that have survived the courts' mootness analysis.
Illinois Supreme Court Rules on commitment, medication cases By Barbara Goeben Mental Health Law, April 2015 Cases of interest to mental health law practitioners.
Mental health legislation adopted by the Illinois Legislature in 2014 By Mark Heyrman Mental Health Law, March 2015 During its 2014 session, the Illinois legislature enacted a number of provisions affecting persons with mental illnesses. This article summarizes the most important of these.
Requirement that parents relinquish custody of their children in order to get mental health services addressed by new state law By Patricia A. Werner Mental Health Law, March 2015 For decades, Illinois parents who could not afford intensive mental health services for their child had two options: deny the child needed mental health services or give custody to the Department of Children and Family Services so the child could receive the necessary treatment. A new law that became effective on January 1, 2015 aims to resolve this issue.
Some new (and old) ways to fix the mental health system in Illinois By Meryl Sosa & Mark J. Heyrman Mental Health Law, March 2015 Hospital emergency rooms throughout Illinois, and across the country, increasingly encounter the problem of "psychiatric boarding"—caring for patients with significant mental health issues in the hospital’s emergency department while waiting for an inpatient hospital bed or transfer to another inpatient facility. This article examines this problem and offers some ways to address it.
Some new (and old) ways to fix the mental health system in Illinois By Meryl Sosa & Mark J. Heyrman Health Care Law, March 2015 Hospital emergency rooms throughout Illinois, and across the country, increasingly encounter the problem of "psychiatric boarding"—caring for patients with significant mental health issues in the hospital’s emergency department while waiting for an inpatient hospital bed or transfer to another inpatient facility. This article examines this problem and offers some ways to address it.
1 comment (Most recent March 4, 2015)

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