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)