Fwd: [ASPIRE-US] NY ruling could force medications on mentally ill

[Guest guest]

Dawn Rider <israelswarrior@...> wrote:scap@...

From: " Dawn Rider "

Date: Tue, 17 Feb 2004 17:39:35 -0700

Subject: [ASPIRE-US] NY ruling could force medications on " mentally ill "

It's a sad day for New York.... and, the really sad thing is that most

people who support such laws are doing so out of complete ignorance.

I had no idea that the majority of states have similar laws...

Thanks for sending this, Lana

Dawn

From: " Lana "

" 'Dawn Rider' " <israelswarrior@...>

CC: " 'Fred Baughman' " <fredbaughmanmd@...>

Subject: NY ruling could force medications on " mentally ill "

Date: Tue, 17 Feb 2004 11:51:57 -0800

http://www.cnn.com/2004/LAW/02/17/mentally.ill.law.ap/index.html

Ruling could force treatment on mentally ill

Tuesday, February 17, 2004 Posted: 12:35 PM EST (1735 GMT)

ALBANY, New York (AP) -- The state's highest court on Tuesday upheld

" Kendra's Law, " which allows caseworkers, family members and even

roommates to seek a court order to force a mentally ill patient to

comply with treatment.

At least 40 other states have similar statutes, according to Tuesday's

Court of Appeals decision. The law was named for Kendra Webdale, 32, who

died in January 1999 after she was pushed in front of a New York City

subway train by a schizophrenic who did not take his medicine.

Lawyers for another mental patient, identified only as K.L., argued the

law, which took effect in 2000, is unconstitutional because it violated

patients' due process protections. K.L., who suffers from a bipolar

disorder, had a history of hospitalizations and refusal to take

medication.

Attorneys argued the treatment can't be forced unless the patient is

mentally incapacitated. They also argued that it was unconstitutional to

detain patients who refuse to take their medication for up to 72 hours

without a hearing.

State Attorney General Eliot Spitzer intervened in the case and defended

the constitutionality of the law.

In its 6-0 decision, written by Chief Judge Judith Kaye, the court said

the law was an effort to enable mentally ill persons to lead more

productive and satisfying lives, " while at the same time reducing the

risk of violence. "

K.L.'s attorney, Dennis Feld, said he worries the law may go too far at

the expense of the mentally ill.

" Some of the rights that we felt were involved ... just didn't seem to

be recognized by the court, " Feld said. " We felt there was more than

just a minimal violation of liberty. "

_________________________________________________________________

Dream of owning a home? Find out how in the First-time Home Buying Guide.

http://special.msn.com/home/firsthome.armx

---------------------------------

[Guest guest]

Dawn Rider <israelswarrior@...> wrote:scap@...

From: " Dawn Rider "

Date: Tue, 17 Feb 2004 17:39:35 -0700

Subject: [ASPIRE-US] NY ruling could force medications on " mentally ill "

It's a sad day for New York.... and, the really sad thing is that most

people who support such laws are doing so out of complete ignorance.

I had no idea that the majority of states have similar laws...

Thanks for sending this, Lana

Dawn

From: " Lana "

" 'Dawn Rider' " <israelswarrior@...>

CC: " 'Fred Baughman' " <fredbaughmanmd@...>

Subject: NY ruling could force medications on " mentally ill "

Date: Tue, 17 Feb 2004 11:51:57 -0800

http://www.cnn.com/2004/LAW/02/17/mentally.ill.law.ap/index.html

Ruling could force treatment on mentally ill

Tuesday, February 17, 2004 Posted: 12:35 PM EST (1735 GMT)

ALBANY, New York (AP) -- The state's highest court on Tuesday upheld

" Kendra's Law, " which allows caseworkers, family members and even

roommates to seek a court order to force a mentally ill patient to

comply with treatment.

At least 40 other states have similar statutes, according to Tuesday's

Court of Appeals decision. The law was named for Kendra Webdale, 32, who

died in January 1999 after she was pushed in front of a New York City

subway train by a schizophrenic who did not take his medicine.

Lawyers for another mental patient, identified only as K.L., argued the

law, which took effect in 2000, is unconstitutional because it violated

patients' due process protections. K.L., who suffers from a bipolar

disorder, had a history of hospitalizations and refusal to take

medication.

Attorneys argued the treatment can't be forced unless the patient is

mentally incapacitated. They also argued that it was unconstitutional to

detain patients who refuse to take their medication for up to 72 hours

without a hearing.

State Attorney General Eliot Spitzer intervened in the case and defended

the constitutionality of the law.

In its 6-0 decision, written by Chief Judge Judith Kaye, the court said

the law was an effort to enable mentally ill persons to lead more

productive and satisfying lives, " while at the same time reducing the

risk of violence. "

K.L.'s attorney, Dennis Feld, said he worries the law may go too far at

the expense of the mentally ill.

" Some of the rights that we felt were involved ... just didn't seem to

be recognized by the court, " Feld said. " We felt there was more than

just a minimal violation of liberty. "

_________________________________________________________________

Dream of owning a home? Find out how in the First-time Home Buying Guide.

http://special.msn.com/home/firsthome.armx

---------------------------------

[Guest guest]

Dawn Rider <israelswarrior@...> wrote:scap@...

From: " Dawn Rider "

Date: Tue, 17 Feb 2004 17:39:35 -0700

Subject: [ASPIRE-US] NY ruling could force medications on " mentally ill "

It's a sad day for New York.... and, the really sad thing is that most

people who support such laws are doing so out of complete ignorance.

I had no idea that the majority of states have similar laws...

Thanks for sending this, Lana

Dawn

From: " Lana "

" 'Dawn Rider' " <israelswarrior@...>

CC: " 'Fred Baughman' " <fredbaughmanmd@...>

Subject: NY ruling could force medications on " mentally ill "

Date: Tue, 17 Feb 2004 11:51:57 -0800

http://www.cnn.com/2004/LAW/02/17/mentally.ill.law.ap/index.html

Ruling could force treatment on mentally ill

Tuesday, February 17, 2004 Posted: 12:35 PM EST (1735 GMT)

ALBANY, New York (AP) -- The state's highest court on Tuesday upheld

" Kendra's Law, " which allows caseworkers, family members and even

roommates to seek a court order to force a mentally ill patient to

comply with treatment.

At least 40 other states have similar statutes, according to Tuesday's

Court of Appeals decision. The law was named for Kendra Webdale, 32, who

died in January 1999 after she was pushed in front of a New York City

subway train by a schizophrenic who did not take his medicine.

Lawyers for another mental patient, identified only as K.L., argued the

law, which took effect in 2000, is unconstitutional because it violated

patients' due process protections. K.L., who suffers from a bipolar

disorder, had a history of hospitalizations and refusal to take

medication.

Attorneys argued the treatment can't be forced unless the patient is

mentally incapacitated. They also argued that it was unconstitutional to

detain patients who refuse to take their medication for up to 72 hours

without a hearing.

State Attorney General Eliot Spitzer intervened in the case and defended

the constitutionality of the law.

In its 6-0 decision, written by Chief Judge Judith Kaye, the court said

the law was an effort to enable mentally ill persons to lead more

productive and satisfying lives, " while at the same time reducing the

risk of violence. "

K.L.'s attorney, Dennis Feld, said he worries the law may go too far at

the expense of the mentally ill.

" Some of the rights that we felt were involved ... just didn't seem to

be recognized by the court, " Feld said. " We felt there was more than

just a minimal violation of liberty. "

_________________________________________________________________

Dream of owning a home? Find out how in the First-time Home Buying Guide.

http://special.msn.com/home/firsthome.armx

---------------------------------

[Guest guest]

Dawn Rider <israelswarrior@...> wrote:scap@...

From: " Dawn Rider "

Date: Tue, 17 Feb 2004 17:39:35 -0700

Subject: [ASPIRE-US] NY ruling could force medications on " mentally ill "

It's a sad day for New York.... and, the really sad thing is that most

people who support such laws are doing so out of complete ignorance.

I had no idea that the majority of states have similar laws...

Thanks for sending this, Lana

Dawn

From: " Lana "

" 'Dawn Rider' " <israelswarrior@...>

CC: " 'Fred Baughman' " <fredbaughmanmd@...>

Subject: NY ruling could force medications on " mentally ill "

Date: Tue, 17 Feb 2004 11:51:57 -0800

http://www.cnn.com/2004/LAW/02/17/mentally.ill.law.ap/index.html

Ruling could force treatment on mentally ill

Tuesday, February 17, 2004 Posted: 12:35 PM EST (1735 GMT)

ALBANY, New York (AP) -- The state's highest court on Tuesday upheld

" Kendra's Law, " which allows caseworkers, family members and even

roommates to seek a court order to force a mentally ill patient to

comply with treatment.

At least 40 other states have similar statutes, according to Tuesday's

Court of Appeals decision. The law was named for Kendra Webdale, 32, who

died in January 1999 after she was pushed in front of a New York City

subway train by a schizophrenic who did not take his medicine.

Lawyers for another mental patient, identified only as K.L., argued the

law, which took effect in 2000, is unconstitutional because it violated

patients' due process protections. K.L., who suffers from a bipolar

disorder, had a history of hospitalizations and refusal to take

medication.

Attorneys argued the treatment can't be forced unless the patient is

mentally incapacitated. They also argued that it was unconstitutional to

detain patients who refuse to take their medication for up to 72 hours

without a hearing.

State Attorney General Eliot Spitzer intervened in the case and defended

the constitutionality of the law.

In its 6-0 decision, written by Chief Judge Judith Kaye, the court said

the law was an effort to enable mentally ill persons to lead more

productive and satisfying lives, " while at the same time reducing the

risk of violence. "

K.L.'s attorney, Dennis Feld, said he worries the law may go too far at

the expense of the mentally ill.

" Some of the rights that we felt were involved ... just didn't seem to

be recognized by the court, " Feld said. " We felt there was more than

just a minimal violation of liberty. "

_________________________________________________________________

Dream of owning a home? Find out how in the First-time Home Buying Guide.

http://special.msn.com/home/firsthome.armx

---------------------------------