Category Archives: front Mental Health

MENTAL HEALTH LITIGATION APPELLATE CERTIFICATION TRAINING – OCTOBER 2- 4, 2019

The CPCS Mental Health Litigation Division is now accepting applications for an Appellate Certification Training taking place this October.  The training will take place in Worcester over the course of three days:

Wednesday, October 2, 2019 from 8:45 – 4:30**
Thursday, October 3, 2019 from 8:45 – 4:30
Friday, October 4, 2019 from 8:45 – 4:30

Applicants to the program need to be accepted prior to registering for the training. 

**Current Mental Health Litigation panel members in good standing can opt out of attending Day One of this training, which will be a “Mental Health 101” course for those not currently on the Mental Health Litigation Trial Panel.

To apply, please download the application from our website at: https://www.publiccounsel.net/mh/wp-content/uploads/sites/3/CPCS-Mental-Health-Appellate-Panel-Application-June-2019.doc

Deadline to submit the application is August 30, 2019.

Further Information:

For further information regarding the appellate panel certification process, please contact Karen Talley at (508) 583-0560 or ktalley@publiccounsel.net.

           

SJC rules that Discharge in mental health commitments means: Discharge

In a major decision (Pembroke Hospital v. D.L. (May 23, 2019)) the SJC ruled that when a petition for commitment under Chapter 123 is denied, the respondent cannot be held for further evaluation at the petitioning facility or another facility barring new evidence “that failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness.” M.G.L. chapter 123, sec. 12(a). An “involuntary readmission pursuant to § 12 must be based on new information that was unavailable to the judge during the previous petition hearing. Here, as the judge denied the first petition — finding D.L. not to be a danger to himself or others — Pembroke needed new information pertaining to D.L.’s dangerousness in order to readmit him properly pursuant to § 12.” Pembroke v. D.L. at footnote 13.

In this case, Pembroke failed to discharge D.L. within the meaning of G. L. c. 123 after the denial of its petition to continue D.L.’s confinement; this was a violation of the statute. See G. L. c. 123, § 6 (a). In addition, Pembroke’s § 12 (a) application to South Shore for evaluation and subsequent readmission and involuntary confinement of D.L. was an “abuse or misuse” of § 12. See G. L. c. 123, § 12 (b); Magrini, 451 Mass. at 784, 889 N.E.2d 929. Finally, because D.L. was not held lawfully under § 12 (b), the District Court did not have jurisdiction to rule on the petition for civil commitment pursuant to G. L. c. 123, §§ 7 and 8. For these reasons, the decision and order of the Appellate Division denying D.L.’s motion to dismiss is reversed. The order of civil commitment pursuant to §§ 7 and 8 is vacated.

Congratulations to Devorah Borenstein who argued and briefed the case, Director of Mental Health Appeals, Karen Talley  for her support and Bar Advocates, Mike O’Brien & Joan Legraw, who were trial counsel in the successive petitions.

DO YOU WANT TO HELP PROTECT THE CIVIL RIGHTS OF PEOPLE FACING GUARDIANSHIP PETITIONS? APPLY TO JOIN THE MENTAL HEALTH LITIGATION DIVISION TRIAL PANEL!

The Mental Health Litigation Division (MHLD) of the Committee for Public Counsel Services (CPCS) is now accepting applications to its spring 2019 Guardianship Certification Training.

A guardianship is a substantial deprivation of liberty – under guardianship the person can no longer legally make their own decisions about many issues,including where to live, what medical treatment to accept or refuse, and other decisions adults make every day. Because of this significant infringement on civil rights, respondents are entitled to court-appointed counsel.

There is a great need for certified attorneys to represent these clients and it is rewarding work. Effective advocacy by attorneys can make a real difference in these cases. You will get client contact, litigation experience, and the satisfaction of knowing that the some of the most vulnerable people in the Commonwealth had a lawyer to fight for their rights.

This certification training will be held at Community Legal Aid in Worcester on March 18, 19, 20 (8:45 a.m. to 5:00 each day) and April 10, 2019.  April 10th will be mock trials (schedule to be determined depending on the number of accepted applicants).

Please download the application from our website at :  https://www.publiccounsel.net/wp-content/uploads/MHLD-Panel-Application-1.9.19.pdf

The deadline to apply is February 19, 2019. Applicants to the program must be accepted before registering. The cost of the training is $125.00.

For more information about the Mental Health Litigation Division Guardianship Certification Training, please contact Miriam Ruttenberg at (617) 910-5782, mruttenberg@publiccounsel.net or Paulette Marie at (617) 910-5844, pmarie@publiccounsel.net.

DO YOU WANT TO HELP PROTECT THE CIVIL RIGHTS OF PEOPLE WITH PSYCHIATRIC CHALLENGES? APPLY TO JOIN THE MENTAL HEALTH LITIGATION DIVISION TRIAL PANEL!

The Mental Health Litigation Division (MHLD) of the Committee for Public Counsel Services (CPCS) is now accepting applications to its fall 2018 Civil Commitment Certification Training.

In Massachusetts, people experiencing psychiatric distress can be involuntarily detained at psychiatric facilities, committed for up to six months, and treated with medications against their wishes. This substantial deprivation of liberty entitles these clients to court-appointed counsel to make sure that all their rights under the law are protected.

There is a great need for certified attorneys to represent these clients and it is rewarding work. Effective advocacy by attorneys can make a real difference in these cases. You will get client contact, litigation experience, and the satisfaction of knowing that the most vulnerable people in the Commonwealth had a lawyer to fight for their rights.

This certification training will be held at Community Legal Aid in Worcester on October 22, 23, 24 (9:00 a.m. to 5:00 p.m. each day), and November 5, 2018. November 5th will be a half-day mock hearing (you will be scheduled for either morning or afternoon, to be determined).
Please download the application from our website here: MHLD Panel Application

The deadline to apply is September 21, 2018. Applicants to the program must be accepted before registering. The cost of the training is $125.00.

For more information about the Mental Health Litigation Division Civil Commitment Certification Training, please contact Miriam Ruttenberg at (617) 910-5782, mruttenberg@publiccounsel.net or Paulette Marie at (617) 910-5844, pmarie@publiccounsel.net.

Mental Health Litigation Certification Training Spring 2018

The CPCS Mental Health Litigation Division is now accepting applications for its spring 2018 Certification Training. The first 5 days of the training will be held at the Worcester Registry of Deeds on the following dates:

  • Monday, April 23, 2018 from 9:00 am to 4:30 pm
  • Tuesday, April 24, 2018 from 9:00 am to 4:30 pm
  • Wednesday, April 25, 2018 from 9:00 am to 4:30 pm
  • Monday, April 30, 2018 from 9:00 am to 4:30 pm
  • Tuesday, May 1, 2018 from 9:00 am to 4:30 pm
  • The 6th day of the training on clinical aspects of mental health litigation is tentatively scheduled for May 18, 2018, location TBD.
  • Please download the application from our website here
  • Applicants must be accepted before registering for the training.
    For more information about the Mental Health Litigation Division Certification Training, please contact Joe Robinson at 617-910-5784, jrobinson@publiccounsel.net or Paulette Marie at 617-910-5844, pmarie@publiccounsel.net
    The deadline to apply is April 2, 2018.
Link

The CPCS Mental Health Litigation Division is now accepting applications for its 3 day Civil Commitment Certification Training taking place November 2, 3 and 17, 2017.  The training will be held at the Brockton CPCS office, 144 Main Street, 1st floor conference room on the following dates:

Thursday, November 2, 2017 from 9:00 am to 4:30 pm

Friday, November 3, 2017 from 9:00 am to 4:30 pm

Friday, November 17, 2017 from 9:00 am to 4:30 pm

To apply, please click on the link to download the application here.

Deadline to submit the application is October 12, 2017.

Applicants to the program must be accepted prior to registering for the training.

For further information about the Mental Health Litigation Division Civil Commitment Certification Training process, please contact Joe Robinson at 617-910-5784, jrobinson@publiccounsel.net or Paulette Marie at 617-910-5844, pmarie@publiccounsel.net

Mental Health Litigation Appellate Certification Training – Fall 2017

The CPCS Mental Health Litigation Division is now accepting applications for its 3 day Appellate  Certification Training taking place in the Fall of 2017.  The training will take place at the Registry of Deeds in Worcester over the course of three days**:

Monday, Nov. 6, 2017 from 9:00 – 4:30

Tuesday, Nov. 7, 2017 from 9:00 – 4:30

Wednesday, Nov. 8, 2017 from 9:00 – 4:30

Applicants to the program need to be accepted prior to registering for the training.

** Day One (11/6/17) will be an overview of mental health trial proceedings.  Experienced mental health panel members may apply to waive this first day, or they may choose to attend for a “refresher” on mental health litigation.

To apply, please download the application from our website available HERE.

Deadline to submit the application is September 30,  2017.

Further Information:

For further information regarding the appellate panel certification process, please contact Karen Talley at (508) 583-0560 or ktalley@publiccounsel.net.

March 24 – 7:00 PM, Boston: Harvard Center for Law, Brain & Behavior hosts: Poverty, Violence, and the Developing Mind

Concentrated poverty is on the rise, and an increasing number of children are at risk for exposure to severe violence and dangerous living conditions. What are the implications of trauma exposure for healthy brain development?

During this panel event, Dr. Kerry Ressler (of McLean Hospital and Harvard Medical School) will discuss the risks poor, urban environments pose for post-traumatic stress disorder, while Dr. Charles A. Nelson (of Harvard Medical School and Boston Children’s Hospital) will discuss the effects of “toxic stress” on early childhood development. Carey Goldberg of WBUR’s CommonHealth will facilitate the conversation and host the Q&A session with the audience. 

This event is free and open to the public. It will be held on Thursday, March 24, 2016, at the Brigham and Women’s Hospital, Bornstein Amphitheater, from 7:00-8:30 pm. A brief reception will precede the event from 6:30-7:00 PM.  Click here to register.

When
Thursday, March 24, 2016 from 7:00 PM to 8:30 PM (EDT)
Where
Brigham and Women’s Hospital, Bornstein Amphitheater – 75 Francis Street 2nd Floor, Boston, MA 02115 – 

MHLD Yahoo Group Important Notice

Mental Health Litigation Division Panel Members – Yahoo Group Membership:

Membership in the Mental Health Litigation Division Discussion Yahoo Group is a requirement for all attorneys on the MHLD Panel.

If you are not a member of the Yahoo group, you should join now. You will need a Yahoo account.

Some of you should have received an invitation to join this group if you are not currently a member. Please respond and complete the registration process as soon as possible.

Make sure you include an identifiable display name when you join or edit your membership.

Questions: mhweb@publiccounsel.net

MHLAC November 9, 2015 – New Approaches to Treatment & Services for Persons with Co-Occurring Substance Use & Mental Health Disorders

MHLAC’s fall training is taking place on November 9, 2015 at MCLE in Boston. This year’s program is New Approaches to Treatment & Services for Persons with Co-Occurring Substance Use & Mental Health Disorders 

You can find the agenda and registration here

This program does not replace the requirement that all panel members must take the Mandatory Guardianship Training being offered by CPCS MHLD. See the CPCS Training Calendar for dates and locations for the Mandatory Guardianship Training.