This document summarizes research on issues that arise when individuals living with dementia intersect with the criminal justice system. It discusses challenges with police training on dementia, domestic violence policies, prosecution decisions by Crown attorneys, access to legal aid and defense counsel, and admission to and care in long-term care homes for those with a history of criminal justice or mental health system involvement. The research aims to understand how people with dementia are impacted at each step of the criminal justice process and in their access to health and social services.
For our July claims clubs we look at the changing public sector claims profile and insurance market, and give you the information you need to keep on top of the changes.
(1) The document discusses Crisis Intervention Team (CIT) training for law enforcement and Assisted Outpatient Treatment (AOT) programs, which work together to help individuals with severe mental illness stay in treatment and out of the criminal justice system.
(2) Both CIT and AOT aim to reduce arrests, hospitalizations, and calls to law enforcement by intervening before crises occur and motivating treatment adherence through court orders when needed.
(3) The "black robe effect" of a judge's authority helps encourage treatment participation, while non-adherence may result in increased court appearances or rehospitalization to focus on re-engagement.
Mental Health Act 2001: Involuntary, Intermediate and Voluntary Categories: t...Darius Whelan
This document summarizes the changing landscape of involuntary, intermediate, and voluntary categories under mental health law. It discusses legal cases that established definitions and protections. Key changes proposed in an expert report include adopting a rights-based approach, new detention criteria focusing on treatment benefit, and categories for those with/without capacity to consent to admission. Involuntary patients would be detained while intermediate patients lack capacity but do not meet detention criteria. The report recommends support for decision-making and oversight of re-grading or overriding treatment refusal.
This document summarizes proposals from the Scottish Law Commission regarding restrictions of liberty for patients in hospitals and communities. It proposes a framework for authorizing short-term and long-term significant restrictions of liberty. For short-term restrictions of up to 56 days, a medical assessment of incapacity is required. Longer restrictions require a statement of significant restrictions, medical report, and assessment. Restrictions must be authorized by a guardian, attorney, or sheriff and be for the benefit of the individual. Appeals can be made to the sheriff. The framework aims to identify situations that deprive individuals of their liberty based on confinement, seclusion, and control.
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
The document provides an overview of the Mental Capacity Act 2005 in the UK. It explains that the Act provides a framework for making decisions for those lacking mental capacity and defines key terms like mental capacity, competence, and best interests. It states that capacity is decision-specific and cannot be assumed based on appearance alone. For those deemed to lack capacity, decisions must consider past wishes, values, and be in their best interests. Advanced directives and lasting powers of attorney are also discussed.
Maria Morgan: The Mental Health Act 2001 from a Clinician's PerspectiveDarius Whelan
Dr Maria Morgan, Consultant Psychiatrist
The Mental Health Act 2001 from a Clinician's Perspective
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
For our July claims clubs we look at the changing public sector claims profile and insurance market, and give you the information you need to keep on top of the changes.
(1) The document discusses Crisis Intervention Team (CIT) training for law enforcement and Assisted Outpatient Treatment (AOT) programs, which work together to help individuals with severe mental illness stay in treatment and out of the criminal justice system.
(2) Both CIT and AOT aim to reduce arrests, hospitalizations, and calls to law enforcement by intervening before crises occur and motivating treatment adherence through court orders when needed.
(3) The "black robe effect" of a judge's authority helps encourage treatment participation, while non-adherence may result in increased court appearances or rehospitalization to focus on re-engagement.
Mental Health Act 2001: Involuntary, Intermediate and Voluntary Categories: t...Darius Whelan
This document summarizes the changing landscape of involuntary, intermediate, and voluntary categories under mental health law. It discusses legal cases that established definitions and protections. Key changes proposed in an expert report include adopting a rights-based approach, new detention criteria focusing on treatment benefit, and categories for those with/without capacity to consent to admission. Involuntary patients would be detained while intermediate patients lack capacity but do not meet detention criteria. The report recommends support for decision-making and oversight of re-grading or overriding treatment refusal.
This document summarizes proposals from the Scottish Law Commission regarding restrictions of liberty for patients in hospitals and communities. It proposes a framework for authorizing short-term and long-term significant restrictions of liberty. For short-term restrictions of up to 56 days, a medical assessment of incapacity is required. Longer restrictions require a statement of significant restrictions, medical report, and assessment. Restrictions must be authorized by a guardian, attorney, or sheriff and be for the benefit of the individual. Appeals can be made to the sheriff. The framework aims to identify situations that deprive individuals of their liberty based on confinement, seclusion, and control.
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
The document provides an overview of the Mental Capacity Act 2005 in the UK. It explains that the Act provides a framework for making decisions for those lacking mental capacity and defines key terms like mental capacity, competence, and best interests. It states that capacity is decision-specific and cannot be assumed based on appearance alone. For those deemed to lack capacity, decisions must consider past wishes, values, and be in their best interests. Advanced directives and lasting powers of attorney are also discussed.
Maria Morgan: The Mental Health Act 2001 from a Clinician's PerspectiveDarius Whelan
Dr Maria Morgan, Consultant Psychiatrist
The Mental Health Act 2001 from a Clinician's Perspective
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
The document discusses the Mental Health Act and the Mental Capacity Act. It provides an overview of the key sections of the Mental Health Act, including sections related to assessment, treatment, and emergency holds. It also outlines the five key principles of the Mental Capacity Act: presumption of capacity, right to support, right to make wrong decisions, acting in best interests, and least restrictive options. Finally, it discusses how to assess mental capacity and ensure decisions are made in a person's best interests under the Mental Capacity Act.
This document discusses advance healthcare directives (AHDs) in Ireland. It notes that only 6% of people in Ireland have written an AHD. It defines AHDs as documents where a person can write down medical treatments they do not want if they lose decision-making capacity. For an AHD to be legally binding, the person must have had capacity when writing it and it must apply to their current medical situation. The document outlines the requirements for making a valid AHD in Ireland and implications for healthcare professionals, including that they have no liability for complying with a valid AHD or not complying if there are doubts about its validity.
Revitalizing the Code: Delinquency & Competencybartoncenter
This document summarizes key provisions of Article 6 and 7 of Georgia's juvenile code related to delinquency and competency. The summary includes:
1) Article 6 outlines the purpose, parties, roles of prosecutors/defense attorneys, case timelines, intake process, detention procedures, petition requirements, adjudication process, and disposition options for delinquency cases, including regular and designated felony offenses.
2) Article 7 defines incompetency to proceed and outlines competency evaluation and hearing procedures. If a child is found incompetent, the court may dismiss the case without prejudice or order competency remediation services.
3) Key changes include expanded victims' rights, notice requirements for designated felony releases, and
This family law webinar for counsellors explains why client confidentiality is a crucial part of practising as a relationship counsellor and yet it is widely misunderstood. With the increasing role of mediation and other forms of dispute resolution, the provisions of the Family Law Act have come under increasing scrutiny.
How do you best keep notes? What to do when disclosures are made to you? These and other topics will be addressed in this webinar. We can help you to better help your clients.
MICHAEL ROWLANDS, JULIE NORRIS AND SANDRA PAUL - THE LEGAL AND REGULATORY CHA...iCAADEvents
The document summarizes a presentation given by three partners from a law firm on the legal and regulatory challenges of working with clients affected by addiction. Julie Norris discusses regulation of helping professions and issues around confidentiality. Sandra Paul provides a criminal law perspective on how addictions relate to various crimes and when they may instruct experts. Michael Rowlands discusses similarities and challenges family lawyers face working with addicted clients, including potential conflicts of interest. They take questions at the end on various topics discussed.
Independent healthcare in house lawyers' forum, March 2018, LondonBrowne Jacobson LLP
In our first independent healthcare in house lawyers' forum for 2018 we cover the following topics:
- claims and liabilities update - including vicarious liability for the acts of non-employees and the post Paterson inquiry
- inquests and other regulatory liabilities
- capacity, consent, and how to not get sued.
Inflation in Pakistan was recorded at 2.11% in April 2015, averaging 7.99% from 1957-2015 with a high of 37.81% in 1973 and a low of -10.32% in 1959. A 17% sales tax rate exists in Pakistan. Inflation causes problems like increased child labor and debt, though most disagree it directly causes child labor. To reduce inflation, Pakistan must increase its economy, stop foreign lending, boost industries, and increase foreign exchange through natural resources.
This document contains the final gradings for students in the Computer Applications - 102 course. It shows the marks obtained by students on tests, quizzes, assignments, and the final exam throughout the semester. The grading scheme calculates grades based on weighted averages of scores on quizzes, assignments, tests, and the final exam. Charts and graphs in the document display the distribution of marks among students for the first and second tests, assignments, total quizzes, total marks, and final marks. In conclusion, it finds that while many students obtained average marks, some achieved higher marks and grades, and the overall student results and marking pattern were good.
This interim report from the Law Commission of Ontario examines legal capacity, decision-making, and guardianship. It provides an overview of the project process, scope, and themes. The report acknowledges contributions from various individuals and organizations that participated in the project through advisory and consultation roles. It also lists the commission's past and upcoming reports on related topics.
This paper discusses effective conflict management strategies based on research. It describes different conflict styles and when each is most appropriate. The author applied these strategies to conflicts with friends and roommates, addressing issues directly but avoiding accusatory language. Their experiences supported the research, finding addressing behavior instead of personality and choosing the right conflict style led to better resolutions. While some situations required more assertiveness, overall applying communication skills like compromise helped maintain relationships.
This document provides a comparison of Comodo SSL certificates and those offered by competitors such as VeriSign, GeoTrust, and Thawte. It includes comparison tables for four main certificate types: Extended Validation Certificates, which provide the highest level of trust; Organization Validation Certificates; Domain-Only Validation Certificates, the lowest-cost option; and Wildcard and Unified Communications Certificates. The tables show differences in prices, features, benefits, and technical specifications among the certificates. The document aims to demonstrate that Comodo certificates offer more robust security features, lower prices, and a better overall value compared to rival certificate providers.
I am the student of Textile Institute of Pakistan in the discipline of Textile Science [B.Sc( Hons)] & this presentation is about Viscose Rayon fiber, its manufacturing, its chemical composition, its types, its modification, its identification and its uses.
Diversion First: Progress-to-Date, and a Look to the Future: Fall 2016Fairfax County
This document provides an overview and update on Fairfax County, Virginia's Diversion First program, which aims to divert individuals with mental illnesses or developmental disabilities away from the criminal justice system and into treatment programs whenever possible. The summary is:
The document discusses the national context of high incarceration rates for those with mental illnesses. It then defines Fairfax County's Diversion First program, examines what happens when individuals are diverted from jails into treatment, and reviews early results showing over 25% of transports by law enforcement to the crisis center had potential criminal charges diverted to mental health services. Cost savings from diversion into treatment are also noted.
This document discusses barriers to housing for people with disabilities and ways to overcome them. It covers federal and state fair housing laws, examples of disabilities covered, housing providers' duties to provide reasonable accommodations and allow modifications. It discusses requests for emotional support animals and documentation needed. It also summarizes a 2012 Department of Justice settlement with North Carolina requiring the state to provide integrated housing and support services to 3,000 people with mental illnesses by 2020 in compliance with the Americans with Disabilities Act. Finally, it provides contact information for Disability Rights North Carolina, the agency that can assist with issues related to housing and disabilities.
The document discusses Fairfax County's Diversion First program, which aims to provide alternatives to incarceration for those with mental illnesses, substance abuse disorders, or developmental disabilities who come into contact with the criminal justice system for low-level offenses. It outlines the goals of treatment and prevention over incarceration, describes how the program works across various intercept points, and highlights the roles of the police department, community services board, courts, and other county agencies in making the program a success.
London iCAAD 2019 - Richard Collins - THE INTERACTION BETWEEN THE FAMILY LAW ...iCAADEvents
This interactive talk considers the role of the clinical expert in Family Law both for the legal professional and the client, the practicalities and procedure governing the selection of the clinical expert in private children proceedings and the role of the clinical expert in those proceedings.
This document provides an overview of Ireland's new Assisted Decision-Making (Capacity) Act and its implementation. It discusses:
- Guiding principles for decision-making assistance, including presumption of capacity.
- Three tiers of decision support available: decision-making assistance agreements, co-decision-making agreements, and decision-making representation orders.
- Two types of advance planning: enduring powers of attorney and advance healthcare directives.
- A new Decision Support Service to maintain registers of arrangements and oversee the system.
- Functional tests of capacity and options for applying to court if needed.
- Changes to the ward of court system and transitioning existing wards.
-
Social care issues continue to dominate the local authority claims landscape so we focused on a range of social care topics for our last claims clubs of the year including:
- STPs and ACOs
- Inquests
- Vicarious liability - Armes -v- Nottinghamshire County Council [2017] UKSC 60
The document discusses several ethical principles in healthcare including autonomy, beneficence, non-maleficence, and justice. It also reviews issues around patient competence, capacity, consent and best interests. Guidelines are provided around withdrawing treatment, Do Not Attempt Resuscitation orders, and considering a patient's wishes based on advance directives or views of family members when a patient lacks capacity.
This document discusses several topics related to psychiatry and the law, including:
- Informed consent requirements for patients with mental illness undergoing procedures like surgery or ECT.
- Factors considered in child custody cases, such as the presumption that maternal custody serves a child's welfare.
- Evaluating testamentary and contractual capacity, including understanding wills, contracts, marriages, guardianships, and durable power of attorney.
- The psychiatrist's role in evaluating claims in worker's compensation cases and determining if a mental illness was caused or exacerbated by employment.
The document discusses the Mental Health Act and the Mental Capacity Act. It provides an overview of the key sections of the Mental Health Act, including sections related to assessment, treatment, and emergency holds. It also outlines the five key principles of the Mental Capacity Act: presumption of capacity, right to support, right to make wrong decisions, acting in best interests, and least restrictive options. Finally, it discusses how to assess mental capacity and ensure decisions are made in a person's best interests under the Mental Capacity Act.
This document discusses advance healthcare directives (AHDs) in Ireland. It notes that only 6% of people in Ireland have written an AHD. It defines AHDs as documents where a person can write down medical treatments they do not want if they lose decision-making capacity. For an AHD to be legally binding, the person must have had capacity when writing it and it must apply to their current medical situation. The document outlines the requirements for making a valid AHD in Ireland and implications for healthcare professionals, including that they have no liability for complying with a valid AHD or not complying if there are doubts about its validity.
Revitalizing the Code: Delinquency & Competencybartoncenter
This document summarizes key provisions of Article 6 and 7 of Georgia's juvenile code related to delinquency and competency. The summary includes:
1) Article 6 outlines the purpose, parties, roles of prosecutors/defense attorneys, case timelines, intake process, detention procedures, petition requirements, adjudication process, and disposition options for delinquency cases, including regular and designated felony offenses.
2) Article 7 defines incompetency to proceed and outlines competency evaluation and hearing procedures. If a child is found incompetent, the court may dismiss the case without prejudice or order competency remediation services.
3) Key changes include expanded victims' rights, notice requirements for designated felony releases, and
This family law webinar for counsellors explains why client confidentiality is a crucial part of practising as a relationship counsellor and yet it is widely misunderstood. With the increasing role of mediation and other forms of dispute resolution, the provisions of the Family Law Act have come under increasing scrutiny.
How do you best keep notes? What to do when disclosures are made to you? These and other topics will be addressed in this webinar. We can help you to better help your clients.
MICHAEL ROWLANDS, JULIE NORRIS AND SANDRA PAUL - THE LEGAL AND REGULATORY CHA...iCAADEvents
The document summarizes a presentation given by three partners from a law firm on the legal and regulatory challenges of working with clients affected by addiction. Julie Norris discusses regulation of helping professions and issues around confidentiality. Sandra Paul provides a criminal law perspective on how addictions relate to various crimes and when they may instruct experts. Michael Rowlands discusses similarities and challenges family lawyers face working with addicted clients, including potential conflicts of interest. They take questions at the end on various topics discussed.
Independent healthcare in house lawyers' forum, March 2018, LondonBrowne Jacobson LLP
In our first independent healthcare in house lawyers' forum for 2018 we cover the following topics:
- claims and liabilities update - including vicarious liability for the acts of non-employees and the post Paterson inquiry
- inquests and other regulatory liabilities
- capacity, consent, and how to not get sued.
Inflation in Pakistan was recorded at 2.11% in April 2015, averaging 7.99% from 1957-2015 with a high of 37.81% in 1973 and a low of -10.32% in 1959. A 17% sales tax rate exists in Pakistan. Inflation causes problems like increased child labor and debt, though most disagree it directly causes child labor. To reduce inflation, Pakistan must increase its economy, stop foreign lending, boost industries, and increase foreign exchange through natural resources.
This document contains the final gradings for students in the Computer Applications - 102 course. It shows the marks obtained by students on tests, quizzes, assignments, and the final exam throughout the semester. The grading scheme calculates grades based on weighted averages of scores on quizzes, assignments, tests, and the final exam. Charts and graphs in the document display the distribution of marks among students for the first and second tests, assignments, total quizzes, total marks, and final marks. In conclusion, it finds that while many students obtained average marks, some achieved higher marks and grades, and the overall student results and marking pattern were good.
This interim report from the Law Commission of Ontario examines legal capacity, decision-making, and guardianship. It provides an overview of the project process, scope, and themes. The report acknowledges contributions from various individuals and organizations that participated in the project through advisory and consultation roles. It also lists the commission's past and upcoming reports on related topics.
This paper discusses effective conflict management strategies based on research. It describes different conflict styles and when each is most appropriate. The author applied these strategies to conflicts with friends and roommates, addressing issues directly but avoiding accusatory language. Their experiences supported the research, finding addressing behavior instead of personality and choosing the right conflict style led to better resolutions. While some situations required more assertiveness, overall applying communication skills like compromise helped maintain relationships.
This document provides a comparison of Comodo SSL certificates and those offered by competitors such as VeriSign, GeoTrust, and Thawte. It includes comparison tables for four main certificate types: Extended Validation Certificates, which provide the highest level of trust; Organization Validation Certificates; Domain-Only Validation Certificates, the lowest-cost option; and Wildcard and Unified Communications Certificates. The tables show differences in prices, features, benefits, and technical specifications among the certificates. The document aims to demonstrate that Comodo certificates offer more robust security features, lower prices, and a better overall value compared to rival certificate providers.
I am the student of Textile Institute of Pakistan in the discipline of Textile Science [B.Sc( Hons)] & this presentation is about Viscose Rayon fiber, its manufacturing, its chemical composition, its types, its modification, its identification and its uses.
Diversion First: Progress-to-Date, and a Look to the Future: Fall 2016Fairfax County
This document provides an overview and update on Fairfax County, Virginia's Diversion First program, which aims to divert individuals with mental illnesses or developmental disabilities away from the criminal justice system and into treatment programs whenever possible. The summary is:
The document discusses the national context of high incarceration rates for those with mental illnesses. It then defines Fairfax County's Diversion First program, examines what happens when individuals are diverted from jails into treatment, and reviews early results showing over 25% of transports by law enforcement to the crisis center had potential criminal charges diverted to mental health services. Cost savings from diversion into treatment are also noted.
This document discusses barriers to housing for people with disabilities and ways to overcome them. It covers federal and state fair housing laws, examples of disabilities covered, housing providers' duties to provide reasonable accommodations and allow modifications. It discusses requests for emotional support animals and documentation needed. It also summarizes a 2012 Department of Justice settlement with North Carolina requiring the state to provide integrated housing and support services to 3,000 people with mental illnesses by 2020 in compliance with the Americans with Disabilities Act. Finally, it provides contact information for Disability Rights North Carolina, the agency that can assist with issues related to housing and disabilities.
The document discusses Fairfax County's Diversion First program, which aims to provide alternatives to incarceration for those with mental illnesses, substance abuse disorders, or developmental disabilities who come into contact with the criminal justice system for low-level offenses. It outlines the goals of treatment and prevention over incarceration, describes how the program works across various intercept points, and highlights the roles of the police department, community services board, courts, and other county agencies in making the program a success.
London iCAAD 2019 - Richard Collins - THE INTERACTION BETWEEN THE FAMILY LAW ...iCAADEvents
This interactive talk considers the role of the clinical expert in Family Law both for the legal professional and the client, the practicalities and procedure governing the selection of the clinical expert in private children proceedings and the role of the clinical expert in those proceedings.
This document provides an overview of Ireland's new Assisted Decision-Making (Capacity) Act and its implementation. It discusses:
- Guiding principles for decision-making assistance, including presumption of capacity.
- Three tiers of decision support available: decision-making assistance agreements, co-decision-making agreements, and decision-making representation orders.
- Two types of advance planning: enduring powers of attorney and advance healthcare directives.
- A new Decision Support Service to maintain registers of arrangements and oversee the system.
- Functional tests of capacity and options for applying to court if needed.
- Changes to the ward of court system and transitioning existing wards.
-
Social care issues continue to dominate the local authority claims landscape so we focused on a range of social care topics for our last claims clubs of the year including:
- STPs and ACOs
- Inquests
- Vicarious liability - Armes -v- Nottinghamshire County Council [2017] UKSC 60
The document discusses several ethical principles in healthcare including autonomy, beneficence, non-maleficence, and justice. It also reviews issues around patient competence, capacity, consent and best interests. Guidelines are provided around withdrawing treatment, Do Not Attempt Resuscitation orders, and considering a patient's wishes based on advance directives or views of family members when a patient lacks capacity.
This document discusses several topics related to psychiatry and the law, including:
- Informed consent requirements for patients with mental illness undergoing procedures like surgery or ECT.
- Factors considered in child custody cases, such as the presumption that maternal custody serves a child's welfare.
- Evaluating testamentary and contractual capacity, including understanding wills, contracts, marriages, guardianships, and durable power of attorney.
- The psychiatrist's role in evaluating claims in worker's compensation cases and determining if a mental illness was caused or exacerbated by employment.
Emergency medicine, psychiatry and the lawSCGH ED CME
The document discusses laws related to emergency psychiatry and involuntary treatment orders. It covers the criteria needed for a referral, including that a medical practitioner or authorized mental health practitioner must reasonably suspect the person needs involuntary treatment or their community treatment order needs changing. It explains the forms and process used for referrals, including providing rights to family members and allowing referrals to be extended or revoked.
Advocacy under the Care Act November 2014 VoiceAbility
This document discusses the statutory duties around advocacy under the Care Act. It outlines that local authorities must ensure information and advice is available to all, and must provide advocacy to specific people in certain circumstances. Statutory independent advocacy must be provided when a person has substantial difficulty being involved in assessments, care/support planning, care reviews, or safeguarding inquiries/reviews, and has no appropriate individual to support them. The duties apply from first contact and in all care settings. The document also shows increasing funding allocation for advocacy and some opportunities and issues in implementing these new advocacy duties.
Higher Education Sexual Violence PresentationDan Michaluk
This document summarizes a presentation on institutional policy and liability regarding sexual assault on campus. It discusses key policy issues around confidentiality and control, non-disclosure agreements, and running fair hearings. It also reviews relevant legislation and case law from universities in Manitoba, Windsor, and the US. The presentation aims to help institutions balance survivor agency, risk management, and procedural fairness in their policies and practices.
Privacy and breaches in health care - a legal updateDan Michaluk
A 45 minute presentation to hospital administrators in Ontario. A state of the nation address on the legal environment related to data security incidents.
Probation and parole aim to control prison populations by supervising offenders in the community instead of incarcerating them. Their use has grown due to rising incarceration rates, disease, aging prisoners, and "three-strikes" laws increasing sentences. 5 million adults are under community supervision, with 80% on probation. Criminal justice systems lack coordination between agencies and "bargain justice" due to large caseloads can result in marginal cases receiving prison instead of probation.
Dependency and Neglect Proceedings In Juvenile CourtHealth Easy Peasy
This document summarizes Tennessee laws and procedures related to child abuse and neglect referrals and dependency and neglect cases in juvenile court. It outlines who must make a child abuse referral, the process after a referral is made, and key aspects of investigations, custody determinations, permanency planning hearings and more. Key parties in the process are outlined, including the roles of the Department of Children's Services and juvenile court.
Advocacy under the Care Act - Jonathan Senker, Chief Executive VoiceAbilityVoiceAbility
This document discusses advocacy under the Care Act. It outlines the duties of local authorities to ensure information and advice is available, and to involve people who use services and their carers. The Care Act introduces statutory independent advocacy for people with substantial difficulty participating in assessments, care planning, reviews, and safeguarding inquiries. Advocates must facilitate involvement, support, and represent people. The duties and eligibility for advocacy are described for different processes. Issues around awareness, understanding, resources, and encouraging compliance are also discussed.
The key to good family law decision making and outcomes - Information sharing...FRSA Communications
The document discusses improving coordination between the family law, child protection, and community sectors when dealing with complex family cases involving issues like family violence, substance abuse, and mental health. It analyzes these sectors through the lens of a case study about a family ("Family X") experiencing these issues.
The sectors make different assumptions and have different focuses - the community sector provides support services, child protection investigates risk of harm, and the family court makes decisions based on evidence. This can lead to a lack of information sharing and understanding between the sectors. The document proposes improvements like better safety assessments, case management protocols, cross-sector training, and clearer guidelines for expert reports to help the systems work together more effectively for children and families
The impact of Cheshire West; DoL & Court of Protection and liabilities - Elde...Browne Jacobson LLP
The document discusses the Care Quality Commission's (CQC) approach to monitoring compliance with the Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS). The CQC will assess providers on their understanding of the MCA and efforts to avoid unnecessary deprivation of liberty. They expect local authorities to address the backlog of DoLS requests and for providers to work within the MCA framework. The CQC incorporated the MCA into their new ratings system by including it as a key line of inquiry under the "Effective" domain. Common issues found in inspections include lack of capacity assessments and involvement of individuals in best interests decisions. Overall, the CQC aims to ensure people's liberty is only restricted in accordance with the
Browne Jacobson - Elderly Care Conference 2016 - Workshop Stream A, Capacity ...Browne Jacobson LLP
Britain's ageing population has created distinct legal issues and liabilities. This annual conference brings together leading experts to discuss and explain:
• inquests and serious investigations
• mental capacity and decision making
• medical treatment; and
• the role of the commissioner/provider in an integrated care environment.
These issues, and more, are covered in streamed workshops and plenary sessions by leaders within Care England, Candesic, NHS Litigation Authority as well as Senior Coroner for the City of Birmingham and Solihull Districts, specialist barristers and experts from Browne Jacobson.
Aimed at senior management from across the NHS, local authorities and the private health and social care sector, this one day national conference helps you to understand and plan for the increasing legal risks associated with an ageing population, and how you can protect yourself, your organisation and your service users.
https://www.brownejacobson.com/health/services/elderly-care
Presentation on Advance Healthcare Directives (From Acute Hospital Network, J...Irish Hospice Foundation
The document discusses proposed legislation in Ireland to establish a legal framework for advance healthcare directives (AHDs). Key points:
- AHDs would allow people to make healthcare decisions in advance if they lose capacity in the future, promoting autonomy and respecting personal values and choices.
- To be valid, an AHD must be in writing, made voluntarily by those with capacity, and witnessed. People can also appoint a healthcare representative.
- AHDs can refuse treatments but not basic care. Refusals must clearly specify treatments and circumstances. Life-sustaining refusals require additional verification.
- The legislation aims to comply with international standards while not affecting laws on euthanasia or
Similar to ACE_geriatric_symposium_presentation_dementia_and_criminal_justice (20)
1. When Worlds Collide: Unravelling
the Issues when individuals living
with dementia intersect with the
Criminal Justice System
Judith A. Wahl
Advocacy Centre for the Elderly
wahlj@lao.on.ca
www.acelaw.ca
AdvocacyCentrefortheElderly
2014
1
2. Credits
• Thank you to Yana Nedyalkova, Barrister and Solicitor for her
assistance with the research for this presentation
• Thank you to the people that agreed to be interviewed by
Yana and provided ACE with their time and research materials
including :
• Michael Gobeil and Ron Hoffman , Ontario Police College
• David Harvey, Alzheimer's Society of Ontario
( who shared with us a research paper by Corinne Alstrom
that was particularly helpful)
• Yana and I talked with a lot of other people in the course of
doing our research and they will all be listed in the report I am
writing to put on The ACE website
AdvocacyCentrefortheElderly
2014
2
3. ACE – OurExperience and this Research
• Practitioners perspective
• what experience we have or don’t have yet
• Client matters primarily in LTC when charged with criminal offense
• Involvement in Police Services Education
• Challenges in health system
• Access to homecare by families and people with dementia so they can
remain living at home
• Access to LTC when demonstrate “behaviours” or have had contact with
criminal justice system
• Misunderstandings about capacity and who is decision maker – is it
person with dementia or someone else?
• Experience and training of staff to care for persons with dementia
• Calls from Duty Counsel and Judiciary about conditions on release if
resident in LTC Home
• Not represent people in full spectrum of criminal justice or mental
health hearings but…
AdvocacyCentrefortheElderly
2014
3
4. ACE – OurExperience and this Research
• This request and this research
• Intersections of Mental health system/ Criminal Justice system
BUT also Consent and Capacity frameworks and Home care and
Long Term Care
• Range of responses even within one sector – depends on who
you come in contact with
• Particular issues with domestic violence policies
• Little research in systems ( legal, psychiatric, care services )about
people with dementia and criminal justice system
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5. Overview
• Contact with Criminal Justice system
• Criminal Justice Framework
• Police and charges
• Domestic Violence Policies
• Crown Attorneys and Prosecution Policies
• Access ( or not) to Legal Aid
• Legal aid certificates
• Duty Counsel
• Long term Care and Homecare issues
• Access to services and admission; post admission access to
supports and care ; locked units; interaction with police
What Then?
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6. Criminal Justice System – My 101
• Criminal Code
• Offenses for which a person can be charged
• Keep the Peace and Public safety
• Charges - Discretion
• Seriousness of the offence
• Circumstances leading up to crime
• Degree to which person may be criminally liable
• Alternative to charges
• Cooperate with concerned family
• Attend at emergency department
• Convince to voluntarily admit
• MHA s. 17 – apprehend and take for assessment
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7. Criminal Justice System – My 101
• Charge with Criminal Code Offense
• Appearance Notice/ release on undertaking /conditions/ keeping in
custody etc
• Prosecution
• Crown Policies on Internet
• Peace Bonds CC s810 – can be ordered even if no charge or
conviction – person agrees to condition to keep the peace –
intent is to keep person from recommitting crime
• Crown can withdraw a charge
• Considers seriousness of offense , public safety and whether
consequences of prosecution would be duly harsh
• Charge screening – is there a reasonable prospect of conviction and
if yes ,is it in public interest to discontinue the prosecution
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8. CriminalJustice System– My 101
• Also post charge but before verdict - Fitness to Stand Trial
• Ability or not because of mental disorder to conduct a defense at
any stage before a verdict is rendered or to instruct counsel
• Proceedings stopped until fit
• Can be detained in hospital – review every two years until
acquitted
• Trial but Verdict of Not Criminally Responsible by reason of
Mental disorder – act committed but person is exempt from
criminal responsibility as not capable of appreciating the
nature or quality of the act or omission or of knowing it was
wrong
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9. Issues - Police
• Police training and policies
• Police College – Mental Health Training - Ron Hoffman- but
there is limited training about dementia/ cognitive
impairment
• Info on local resources to divert and support
• Tools – Brief Mental Health Status Screener
- developing Cognitive Status Screener
• Domestic Violence is treated as a distinct issue
• Police directed to lay a charge
• Mandatory charging policy not take into consideration if alleged
offender has a dementia
• Policies developed to enforce seriousness of offenses and put an
end to previous approach of treating it as a family matter
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10. Domestic Violence
• So what are consequences for couple living at home where
one spouse has dementia
• If “assault” – then can end up in Criminal Justice System
• Charge and release – conditions of release
• Not reasonable in many instances that accused stay away from
spouse because spouse is the caregiver
• Possibility of changes to policy?
• Possibility of admission to LTC?
• No room at the inn?
• Crisis admit maybe but…availability/ choice?
• May not be yet eligible? But is then more homecare available?
Will staff claim not safe and refuse ?
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11. AllegationsofViolence/ContactwithCriminalJustice
SystemorMHsystemandAdmission
• Eligible for LTC but LTC Homes refuse
Licensee consideration and approval
(7) The appropriate placement co-ordinator shall give the licensee of each selected home
copies of the assessments and information that were required to have been taken into
account, under subsection 43 (6), and the licensee shall review the assessments and
information and shall approve the applicant’s admission to the home unless,
(a) the home lacks the physical facilities necessary to meet the applicant’s care requirements;
(b) the staff of the home lack the nursing expertise necessary to meet the applicant’s care
requirements; or
(c) circumstances exist which are provided for in the regulations as being a ground for
withholding approval.
Written notice if licensee withholds approval
(9) If the licensee withholds approval for admission, the licensee shall give to persons
described in subsection (10) a written notice setting out,
(a) the ground or grounds on which the licensee is withholding approval;
(b) a detailed explanation of the supporting facts, as they relate both to the home and to the
applicant’s condition and requirements for care;
(c) an explanation of how the supporting facts justify the decision to withhold approval; and
(d) contact information for the Director.
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12. Crown Attorneys
• Understanding of mental disorder and where person with
dementia fits into this
• Knowledge and appreciation of alternative options
• Our unscientific sampling - range of responses from charge
would be withdrawn to peace bond to prosecution
• Is there a reasonable possibility of conviction?
• Does a peace bond have any meaning to person with
dementia as its meant to deter?
• Likely not want to go down path to Unfit to Stand Trial
• And if convicted – sentencing?
• And again where does person go? LTC Home reaction if know of
conviction for “violent” offense
• Likely not want to go down path of NCR
• Incarceration – jails not set up to care for person with dementia
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13. DefenseCounsel/ LegalAid/ Duty Counsel
• Criminal Lawyers Association
• Legal Aid or lack thereof
• Many seniors of limited or fixed income but may have assets
• Legal aid Eligibility – NO SENIOR IN THIS PROVINCE WITH
SENIORS GUARANTEED INCOME IS ELIGIBLE FOR LEGAL AID
CERTIFICATES to retain counsel because of financial eligibility
guidelines
• Duty Counsel – knowledge or lack thereof of dementia,
capacity , resources
• Conditions of release – lack of understanding of LTC system
and lack of alternative beds, that if person can’t return to LTC
in allotted time ( leave periods) will LOSE accommodation, lack
of understanding of seniors other housing alternatives and
care supports systems
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14. Legal Aid
• Mental health initiative
• Will it address response in that sector?
• Development of mental health tool?
• What will that do and will it help with
these issues?
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15. Long Term Care System
• Eligibility for Admission refusals to take applications unless
return home from hospital – creating crisis and policies that
don’t reflect the law
• If eligible, approval by LTC Homes issues as stated above
• If admitted
• requirements to meet care needs – next slides on requirements
to address responsive behaviours but still see:
• Failure to follow through on care plans
• Labeling all “altercations” between residents as resident to resident
“abuse”
• Abuse should be used only if perpetrator has intention or has duty
and then neglects duty not when interaction because of behaviours
• Workplace Safety issues - need to keep workers safe but that’s not
necessarily resolved by transfers
• Is a LTC Home the RIGHT place – alternatives?
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16. Requirementsto address
ResponsiveBehaviours -LTCHAs. 53
53. (1) Every licensee of a long-term care home shall ensure that the following are
developed to meet the needs of residents with responsive behaviours:
1. Written approaches to care, including screening protocols, assessment,
reassessment and identification of behavioural triggers that may result in responsive
behaviours, whether cognitive, physical, emotional, social, environmental or other.
2. Written strategies, including techniques and interventions, to prevent, minimize or
respond to the responsive behaviours.
3. Resident monitoring and internal reporting protocols.
4. Protocols for the referral of residents to specialized resources where required.
O. Reg. 79/10, s. 53 (1).
(2) The licensee shall ensure that, for all programs and services, the matters
referred to in subsection (1) are,
(a) integrated into the care that is provided to all residents;
(b) based on the assessed needs of residents with responsive behaviours; and
(c) co-ordinated and implemented on an interdisciplinary basis. O. Reg. 79/10,
s. 53 (2).
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17. Requirementsto address
ResponsiveBehaviours -LTCHAReg s. 53
(3) The licensee shall ensure that,
(a) the matters referred to in subsection (1) are developed and
implemented in accordance with evidence-based practices and, if there
are none, in accordance with prevailing practices;
(b) at least annually, the matters referred to in subsection (1) are
evaluated and updated in accordance with evidence-based practices
and, if there are none, in accordance with prevailing practices; and
(c) a written record is kept relating to each evaluation under clause (b)
that includes the date of the evaluation, the names of the persons who
participated in the evaluation, a summary of the changes made and
the date that those changes were implemented.
(4) The licensee shall ensure that, for each resident demonstrating responsive
behaviours,
(a) the behavioural triggers for the resident are identified, where possible;
(b) strategies are developed and implemented to respond to these behaviours,
where possible; and
(c) actions are taken to respond to the needs of the resident, including
assessments, reassessments and interventions and that the resident’s
responses to interventions are documented. O. Reg. 79/10, s. 53 (4).
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18. Is failureto followcareplan,neglectthatis
reportableto MOHLTC?
24. (1) A person who has reasonable grounds to suspect that any of the following has
occurred or may occur shall immediately report the suspicion and the information upon which
it is based to the Director:
1. Improper or incompetent treatment or care of a resident that resulted in harm or a risk of
harm to the resident.
2. Abuse of a resident by anyone or neglect of a resident by the licensee or staff that
resulted in harm or a risk of harm to the resident.
3. Unlawful conduct that resulted in harm or a risk of harm to a resident.
4. Misuse or misappropriation of a resident’s money.
5. Misuse or misappropriation of funding provided to a licensee under this Act or the Local
Health System Integration Act, 2006.
Duty on practitioners and others
(4) Even if the information on which a report may be based is confidential or privileged,
subsection (1) also applies to a person mentioned in paragraph 1, 2 or 3, and no action or
other proceeding for making the report shall be commenced against a person who acts in
accordance with subsection (1) unless that person acts maliciously or without reasonable
grounds for the suspicion:
1. A physician or any other person who is a member of a College as defined in subsection 1 (1)
of the Regulated Health Professions Act, 1991.
2. A person who is registered as a drugless practitioner under the Drugless Practitioners Act.
3. A member of the Ontario College of Social Workers and Social Service Workers. 2007, c. 8,
s. 24 (4).
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19. Long Term Care – Locked Units
• Provisions on locked units NEVER proclaimed in effect
• URGENT NEED to get this addressed
• Duty of care to stop person from leaving facility- when is this
appropriate vs Unlawful detention
• Locked units in Retirements homes are NOT legal and section
in Retirement Homes Act permitting Retirement home
landlords to have locked units should be repealed – these are
TENANCIES NOT REGULATED CARE FACILITIES yet are treated
as alternatives to LTC homes
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20. Requirementsto Call Police in LTC System
• LTC Homes act requires that police be contacted if licensee
thinks that abuse/ neglect could be a Criminal Code offense
• Why? Because it wasn’t happening before so included this in
legislation to prompt response
• BUT
• Misunderstandings of when to call
• Is it really a policing issue or was it lack of care?
• What happens next AFTER the police arrive???
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21. AdvocacyCentrefortheElderly
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Police Notification
LTCHA Regulation S.98
Every licensee of a long-term care home
shall ensure that the appropriate police force
is immediately notified of any alleged,
suspected or witnessed incident of abuse or
neglect of a resident that the licensee
suspects may constitute a criminal offence.
23. AdvocacyCentrefortheElderly
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RetirementHomesAct
Policyofzerotoleranceof abuseandneglect
O.Reg166/11 s.15
Policy of zero tolerance of abuse and neglect
15. …..
(2) The procedures for investigating and responding to alleged, suspected or
witnessed abuse and neglect of residents described in clause 67 (5) (e) of the
Act shall include details outlining who will undertake the investigation and
who will be informed of the investigation.
(3) The policy to promote zero tolerance of abuse and neglect of residents
described in subsection 67 (4) of the Act shall …
(c) identify measures and strategies to prevent abuse and neglect;…
(f) provide that the licensee of the retirement home shall ensure that the
appropriate police force is immediately notified of any alleged, suspected or
witnessed incident of abuse or neglect of a resident that the licensee
suspects may constitute a criminal offence
24. Hospitals and ALC and Mental Health
• ASO research – people not wanting to seek assistance from
variety of resources because of negative experiences
• Hospital discharge policies that want to avoid ALC patients but
that don't reflect the Ontario law – how are these contributing
to the worlds colliding ?
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25. SO.. What to do next?
• Ripe for all kinds of research to get evidence to change
practices
• Domestic Violence Policy – could it be modified?
• Are the right resources and responses there?
• Are LTC homes the rights place?
• LOCKED UNITS – need to proclaim the law
• Mental health system response to increase in dementia
• Intersection of systems – criminal justice/ legal services/
mental health services/ Long term care / home care
• What are the pathways???
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