LEGAL TIDBITS
Looking for legal arguments to get help for someone with
a mental disability? Here are some quick ideas.
However, you should be sure to consult an attorney for legal
advice.
"… [N]o qualified individual with a disability shall,
by reason of such disability, be excluded from participation
in or be denied the benefits of the services, programs, or
activities of a public entity, or be subjected to discrimination
by any such entity."
-- Americans with Disabilities Act, 42 USC § 12132.
"The support staff I am requesting should be paid for
by CMH because it is medically necessary, based on the consumer's
disabilities."
-- You, the advocate
"A public entity shall administer services, programs,
and activities in the most integrated setting appropriate
to the needs of qualified individuals with disabilities."
-- 28 CFR § 35.130(d) (1998).
"Family members of recipients
shall be treated with dignity and respect. They shall be given
an opportunity to provide information to the treating professionals.
They shall also be provided an opportunity to request and
receive educational information about the nature of disorders,
medications and their side effects, available support services,
advocacy and support groups, financial assistance and coping
strategies."
-- Michigan Mental Health Code, MCL 330.1711
"A recipient shall be given a choice
of physician or other mental health professional in accordance
with the policies of the community mental health services
program, licensed hospital, or service provider under contract
with the community mental health services program, or licensed
hospital providing services and within the limits of available
staff in the community mental health services program, licensed
hospital, or service provider under contract with the community
mental health services program, or licensed hospital."
-- Michigan Mental Health Code, MCL 330.1713
"Under Title II of the ADA,
States are required to place persons with mental disabilities
in community settings rather than in institutions when the
State's treatment professionals have determined that community
placement is appropriate, the transfer from institutional
care to a less restrictive setting is not opposed by the affected
individual, and the placement can be reasonably accommodated,
taking into account the resources available to the State and
the needs of others with mental disabilities."
-- Olmstead v. L.C., 527 US 581, 119 S. Ct. 2176 (1999).
"My son/daughter is over age 18, so I have no legal
obligation to support him/her."
-- A smart parent
"(1) If an applicant for
community mental health services has been denied mental health
services, the applicant, his or her guardian if one has been
appointed, or the applicant's parent or parents if the applicant
is a minor may request a second opinion of the executive director.
The executive director shall secure the second opinion from
a physician, licensed psychologist, registered professional
nurse, or master's level social worker, or master's level
psychologist.
(2) If the individual providing the second opinion determines
that the applicant has a serious mental illness, serious emotional
disturbance, or a developmental disability, or is experiencing
an emergency situation or urgent situation, the community
mental health services program shall direct services to the
applicant."
-- Michigan Mental Health Code, MCL 330.1705
"Having a calm, quiet home is medically necessary for
this consumer, because he/she is autistic (or has anxiety
disorder, etc.) and sudden noises cause extreme anxiety."
-- An advocate
"(1) A recipient shall
receive mental health services suited to his or her condition.
(2) Mental health services shall be provided in a safe, sanitary,
and humane treatment environment.
(3) Mental health services shall be offered in the least restrictive
setting that is appropriate and available.
(4) A recipient has the right to be treated with dignity and
respect."
-- Michigan Mental Health Code, MCL 330.1708
"It is essential that CMH pay for this level of support
staff to assist the consumer, because without it he/she is
at risk of being institutionalized [or incarcerated, or homeless,
or injured, or decompensating, etc.]
-- An advocate
"The responsible mental health agency
for each recipient shall ensure that a person-centered planning
process is used to develop a written individual plan of services
in partnership with the recipient. A preliminary plan shall
be developed within 7 days of the commencement of services
or, if an individual is hospitalized for less than 7 days,
before discharge or release. The individual plan of services
shall consist of a treatment plan, a support plan, or both.
A treatment plan shall establish meaningful and measurable
goals with the recipient. The individual plan of services
shall address, as either desired or required by the recipient,
the recipient's need for food, shelter, clothing, health care,
employment opportunities, educational opportunities, legal
services, transportation, and recreation. The plan shall be
kept current and shall be modified when indicated. The individual
in charge of implementing the plan of services shall be designated
in the plan."
-- Mental Health Code, 330.1712 (1)