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News
[For additional recent cases (civil & criminal) of note, see Case Law]
December 15, 2008
Important message concerning assignments.
December 12, 2008
Clarification of spending reductions for FY'09.
November 25, 2008
Spending reductions for FY'09 adopted by CPCS.
August 22, 2008
District Court Chief Justice Connolly issues revised "Request for Emergency Hearing" form and memorandum to judges in light of Magrini decision (see below @ July 10, 2008).
August 11, 2008
Probate Court announces issuance of new guardianship petition.
July 24, 2008
Probate and Family Court Department announces the implementation of Standing Order 5-08 regarding medical certificates and clinical team reports.
July 10, 2008
SJC re emergency hearings (N-W Hospital v. Magrini):
- “abuse or misuse” of G.L. c. 123, § 12(b), may result not only from a denial of one or more of the specifically enumerated rights provided in its first and second paragraphs; “the broad language serves as a catch-all provision to include other circumstances that have resulted in a wrongful § 12(b) admission.”
- “unless a request for an emergency hearing on its face is patently frivolous, the obligation to hold an emergency hearing is mandatory.“
- the client “has the right to be present at the hearing and may be heard. The hearing, however, does not necessarily have to be an evidentiary one. The judge conducting the hearing will have the discretion to decide whether evidence should be required in light of the abuse or misuse alleged.”
July 8, 2008
New section of website: Antipsychotic Medication
June 19, 2008
"The Constitution permits States to insist upon representation by counsel for those competent enough to stand trial … but who still suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves." Indiana v. Edwards
FDA Requests Boxed Warnings on Older Class of Antipsychotic Drugs.
DMH licensing complaint decision (page 1; page 2) re counsel’s attendance at treatment and discharge planning meetings. (N.B. At several points, reference is made to G.L. c. 123, § 123(e). The correct cite is G.L. c. 123, § 23(e)).
Reminder: Part 2 of the certification training program ("Clinical Aspects of Mental Illness
and Treatment") will be held on June 19th. Previously-certified attorneys may attend for CLE credits. See Training Calendar for details in respect to Certification or CLE credits, and for registration form. Deadline for registration extended to: Friday, June 13th.
Maggie Lunevitz recipient of 2008 Liacos Mental Health Advocacy Award
Andrews, petitioner (SJC): “[A]n applicant under [G.L. c.] § 9(b) bears the burden of proving by a fair preponderance of the evidence that his situation has significantly changed since last his confinement was reviewed judicially, whether on the basis of new factual developments or new evidence, so as to justify his discharge or transfer.”
FDA Proposes New Warnings about Suicidal Thinking & Behavior in Young Adults Who Take Antidepressant Medications
Restraint and Seclusion: A Risk Management Guide
Administrative Process for Uncontested Rogers Reviews and Extensions in Suffolk County (see also Administrative Process for Uncontested Rogers Extensions)
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