"The Virtual Center for Independent Living for West Virginia""The Virtual Center for Independent Living for West Virginia"Home > Advocacy in Action > WV Mental Health Consumers' Association Legislative Priorities for 2008
The United State Supreme Court has termed Involuntary Civil Commitment to a psychiatric hospital "a massive curtailment of liberty" Humphrey v. Cady, 405 U.S. 504, 509 (1972). The court has also emphasized that "involuntary commitment to a mental hospital, like involuntary confinement of an individual for any reason, is a deprivation of liberty which the State cannot accomplish without due process of law" Specht v. Patterson, 386 U.S. 605, 608 (1967). WVMHCA believe that involuntary treatment of any kind should be used only if a person is a harm to themselves or someone else, and only as a last resort. Due process such as prompt probable cause hearings before any treatment is given must be in place to protect the rights of individuals at risk of losing their liberty through involuntary psychiatric treatment.
Outpatient Commitment is an infringement of an individual's constitutional rights. Outpatient Commitment is Court ordered treatment in the community. This strategy not only infringes on rights, it also is based on an unproven prediction that the individual may become violent at an indefinite time in the future. There is no test to prove "lack of insight" on the part of the individual, or the potential for the individual to relapse into their illness.
We do not currently have adequate services in our state to provide low end services for children who have severe emotional problems. As a result, they are frequently removed from their families and sent to facilities in other states. Legislatively mandated multi-disciplinary teams are not being implemented in all counties. As a result, a child is sent to the most restrictive environment before the less restrictive services in West Virginia have been accessed. There was an 80% increase in out-of-state placements in one year. (2003 WV Children's Coalition Report)
Along with Peer Support, and other community supports, medication is an important part of treatment for mental illness. People with mental illness are more likely than people in the general population to have serious physical ailments and need medications for those illnesses. Medicaid is a prime insurance benefit for most of these people. We believe it is important that Medicaid enable access to the best and most modern medications. Preventing access to up to date medications in the Medicaid formulary will create a small initial savings, but true savings will come over time using modern medicines combined with the most effective therapy and supports. It is also important to assure that medications are provided in combination with supports and effective therapies.
Every night, an estimated 600,000 people are homeless in America. According to a recent study by the Urban Institute 46% of people who are homeless also have a mental illness. (Burst 2001) Homelessness is not just an urban issue. Rural communities in West Virginia face unique challenges in serving people experiencing homelessness and mental illness. The lack of safe and affordable housing in a serious problem. Many people cannot be discharged from hospitals because they have no place to go. WVMHCA recently has been recognized by the Substance Abuse and Mental Health Services Administration (SAMHSA) as having one of the top four Projects for Assistance in Transition from Homelessness (PATH) funded project in the United States. Funding for this project is very limited. Model programs such as this need to be expanded in West Virginia and financed with state funds in an effort to end homelessness.
The opportunity to work is extremely important to most people. People with mental illnesses are no different. However, because of their illnesses they find it difficult to work at times, and they often cannot handle the stress of low-paying jobs such as in fast food restaurants.
There are programs, however, where consumers have job coaches, are matched with jobs that suit their particular skills, and have back-up support in the job when they can't cope. People are working, contributing to the tax base and Medicaid-reimbursed programs are reduced.
There are few Employment Programs in West Virginia. Additional funds are needed to enhance these services and to make them available to all people with disabilities that would like to return to work.
Not only are children separated from their families, but their parents must relinquish custody in order to receive treatment even though they may have private insurance as well as Medicaid. In additional to the emotional turmoil of this situation, it costs the state millions of dollars every year.
There are programs in West Virginia that have been developed to intercede with families and children before problems escalate. These include peer-to-peer support, parent training, school-based mental health programs, transitional programs that empower teenagers to become more independent and acquire skills for daily living and programs that help children who have turned 18 and are released from out-of-state facilities find housing and adjust to living in the community.
However, for those with more serious problems, we need to develop comprehensive systems to care that will be family-driver in our state. By doing this we will reach our children before it is necessary to relinquish custody and be placed out of the home.
SAMHSA's Office of Applied Sciences using 2004 - 2005 data, reports that an estimated 84,000 individuals in our state age 12 and older have participated in nonmedical usage of a pain reliever, and 40,000 people in this age group needed treatment for drug abuse however did not access treatment. People who have become addicted need to be able to obtain treatment support services to acquire and maintain recovery. There are limited resources in West Virginia for inpatient long term substance abuse treatment. WVMHCA will continue to advocate to expand access to substance abuse/addiction treatment in West Virginia.
Since 1987, West Virginia Mental Health Consumers' Association has built a strong consumer network and promoted recovery from mental illness, becoming the consumers' voice on mental health issues in West Virginia.
WVMHCA recognizes the value of the knowledge and life experience of individuals experiencing disabilities and believe that through promoting support, inspiring hope, applying self-advocacy, accepting personal responsibility and developing education, recovery from mental illness is possible.
WV Mental Health Consumers' Association
PO Box 11000
Charleston, WV 25339
Toll Free: 1-800-598-8847
Web site: www.wvmhca.org
www.mtstcil.org
