Criminal Responsibility Mental Health Laws Massachusetts Competence Flowchart Question of Competence raised Evaluation in Court Recommend inpatient evaluation Appears competent No inpatient evaluation needed Case continues normally Recommend outpatient evaluation 15b Commitment for 20 days Can be extended for another 20 days Court find dependent competent Court finds defendant incompetent Hospital recommends further hospital care defendant and court agree Hospital doesn t recommends further hospital care Way more steps 15b incompetence Case continues on normally In summary competency is a complicated process Mental Health Laws Sec 12 72 hour hold pink slip hours 7 8 Involuntary hospitalization o Need to commit them need to voluntary check in or can leave after 72 o Needs to meet certain criteria Danger to self or others OR cannot take care of oneself o Up to 6 months subsequent renewals 1 year o Hearings usually take place in the facility 8B Rogers involuntary medication and guardianship o We can involuntary medicate you if it s in the individual s best interest etc interests o They get a guardian whose job is the look out for the patient s best o Anything you do the guardian has to be informed Changing doses Changing medication Changing facilities Present for hearings 10 11 Voluntary admissions o I m checking myself in o Preferred 36B Tarasoff duty to warn o Tarasoff If somebody makes a threat to someone else you have to report it to the police and make every reasonable effort to inform the threatened party o Can t be sued if you re wrong but can be held liable if you don t do it as a psychologist o Whenever you re working with somebody you have to give them informed consent before you give an evaluation treatment
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