Born female

Living With Mental Illness Is Difficult For All Concerned

By Kris M. McMore, Esq. I will sometimes get a call from a frantic parent wondering what they can do about an adult child who is out of control, acting with destructive behavior and/or not taking their antipsychotic medications. The parent may ask whether a general health care proxy they have is sufficient to get their son or daughter admitted for psychiatric evaluation, treatment and medication. Although the Health Care Proxy will assist with evaluation, medication is an entirely different situation. NY Mental Hygiene Law Article 9 provides the patient protections so they cannot be forced to take medication over their objection without a court order.

If a family member calls the police, they can request what is called a “pick-up order” for the police to take the ill person to the hospital for a psychiatric evaluation.

When the ill person has a history that meets specific legal eligibility criteria, they might be considered for a Kendra’s Law Petition or Assisted Outpatient Treatment (AOT) petition. Most people are not familiar with Kendra’s law which was enacted in November, 1999. It was named after Kendra Webdale who was shoved off a New York City subway platform by a schizophrenic patient who had stopped taking his antipsychotic medication. The law has been extended, most recently when the state budget was passed earlier this week, extending Kendra’s Law through 2027.

In order to be considered for a Kendra’s Law Petition, a patient must have required at least 2 admissions in the past 36 months that were directly caused by non-compliance with medication and/or one violent behavior within the past 36 months directly caused by non-compliance with medication. If the Petition is successful, the Court order will require the patient to (1) live in a group home setting; (2) go to a daily program; (3) take medication regularly; (4) meet regularly with their psychiatrist; and other things that may be specifically tailored to the patient’s needs.

The Order is drafted with input by the treatment team, which may include the patient’s psychiatrist, the patient, the patient’s family, manager of the group home, probation officer (for violence related petitions) and other interested professionals.

In Order lasts initially for six months and then can be extended for periods of up to one year thereafter. Any violation of the order may trigger a “pick-up order” call to have the patient brought to the hospital for evaluation and possible admission. Even with the Kendra’s Law Order in place, the hospital cannot medicate the patient over his/her objection. This is because courts have held that a patient has a fundamental right to determine the course of their own treatment. Where the patient objects to medication, the only thing that will be done is evaluation with a possible hold in the hospital for 72 hours while medication is encouraged.

So, for those frantic families looking for solutions, I can offer the hope that a pick-up order will get their family member to a hospital and back on track with their medications. We will then look to see if the patient meets Assisted Outpatient Treatment criteria for a petition.

Law Office of Kathleen M. Toombs 157 Barrett Street, Schenectady, NY 518-688-2846

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