Civil mental disability law touches on many distinct subject areas. Accordingly, this reference manual is divided into seven parts with 27 chapters. The extent to which each of these legal matters involving the rights of persons with mental disabilities is covered depends largely on how much...
Civil mental disability law touches on many distinct subject areas. Accordingly, this reference manual is divided into seven parts with 27 chapters. The extent to which each of these legal matters involving the rights of persons with mental disabilities is covered depends largely on how much litigation and legislation a particular subject has generated, as well as its historical importance. Part I
provides a legal overview, which includes a history of civil mental disability law, an introduction to important legal principles and terminology, and a guide on how to represent clients with mental disabilities and to obtain statutorily mandated attorneys' fees for such representation. Part II
examines individual mental disability rights issues, which primarily arise in the community. Chapters cover community-based mental health care and treatment, protective services, civil incompetency determinations and guardianships, and family law matters. Part III
reviews federal and state disability discrimination issues from the perspective of the rights of persons with mental disabilities. Topics discussed include employment, state and local governments, public accommodations, housing, and insurance. Part IV
focuses on major social entitlements that specifically benefit persons with mental disabilities. The chapters encompass federal and state programs related to disability compensation, health care, education, income assistance, and immigration. Part V
delves into specific legal concerns of mental disability professionals such as confidentiality, privacy, and professional liability. Part VI
discusses civil commitment and rights within civil mental disability facilities, which was the primary focus of mental disability law in the 1960s and 1970s. Today, however, the legal importance of this topic has significantly diminished because so many people with mental disabilities have been "dumped" into the criminal justice system instead. Part VII
examines expert evidence and testimony in mental disability cases. The first chapter reviews the legal rules of admissibility and, from a clinical perspective, mental disability diagnoses and assessments. The remaining chapters cover expert evidence and testimony in cases involving civil incompetency, mental disability discrimination, mental impairments, mental injuries, mental health care and treatment, and civil dangerousness to self or others. The book concludes with a glossary of key terms, definitions, and U.S. Supreme Court cases; an index; and a table of cases.