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Involuntary Civil Commitment Analysis

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Mental health reform has been constantly changing to best fit the patient as well as society. During the late nineteenth and early twentieth centuries, involuntary civil commitment laws were in place in most states in the United States to provide care for mentally ill individuals that needed it, but could not realize their need for it (La Fond, 1994). During the 1950’s and 1960’s; however, there was fight against involuntary commitment (La Fond, 1994). The most prominent argument was centered on hospitalized patients’ ability to function outside in the social world, as most people thought “confinement in institutions created a dependency on their structured environment, diminishing patients’ ability to function in the outside world” (La Fond, …show more content…
For example, “policy considerations support a narrow definition of mental illness sufficient to justify involuntary hospitalization” meaning that mental illnesses that qualify for involuntary commitment must impair functioning in such a way that the individual is unable to engage in rational decision making or control his or her behavior. This narrow definition allows for many people that need help, but refuse, to fall through the cracks of the legal …show more content…
Using the Tarasoff case as an example, involuntary commitment may be utilized more readily to avoid possible tort liability for harm caused by a dangerous patient. So this means, patients who have demonstrated violent behavior may be committed in the short-term, pending court approval, even though they may not actually be suffering from a mental illness. This allows professionals to escape liability by leaving the decision to commit to the courts. Also, some clinicians have reported a reluctance to probe patients with topics that may uncover violence, while others have simply changed how they keep their records eliminating anything that might suggest violence or adding information that would support a decision not to warn. Trying to navigate the new laws surrounding patients, have led professionals to avoid patients are topics that may lead to legal conflicts. This is neither ethical, nor helpful for the patient. While not being able to involuntarily hospitalize patients without legal constrictions may be hurtful to professionals and clients, there is some research proving the

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