NCJ Number
53195
Date Published
1975
Length
590 pages
Annotation
THIS REPORT DISCUSSES LEGAL CHALLENGES TO THE 'VOLUNTARY' ADMISSION OF CHILDREN TO MENTAL INSTITUTIONS, CONTAINS AN OVERVIEW OF THIRD-PARTY ADMISSIONS CASES, AND PRESENTS A STUDY OF THE PREPARATION AND TRIAL OF A LAWSUIT.
Abstract
THIRD-PARTY 'VOLUNTARY' ADMITTANCE OF CHILDREN TO MENTAL INSTITUTIONS, AS OPPOSED TO COURT-ORDERED ADMITTANCE, ACCOUNTS FOR THE MAJORITY OF ADMITTANCES OF MINORS. AN OVERVIEW OF THE PROBLEM OF THIRD-PARTY ADMISSIONS WITHOUT PROCEDURAL DUE PROCESS BROADLY TRACES THE HISTORICAL DEVELOPMENT AND EROSION OF THE UNDERLYING QUESTIONS OF PARENTAL CONTROL AND AUTHORITY OF PARENTS OVER THEIR CHILDREN. INCLUDED IS A DISCUSSION OF THE 'PARENS PATRIAE' ROLE OF THE STATE IN THE PARENT-CHILD RELATIONSHIP AND ITS APPARENT NONINVOLVEMENT IN THIS SITUATION OF MENTAL HEALTH CARE. IN FACT, STATES HAVE EXPRESSLY AUTHORIZED GREATER PARENTAL CONTROL IN THE MENTAL HEALTH CARE AREA BY PASSAGE OF 'VOLUNTARY' ADMISSION OF CHILDREN UPON PARENTAL CONSENT ONLY AND WITHOUT PROCEDURAL PROTECTION FOR THE CHILD. A COLLECTION OF BRIEFS FROM AROUND THE NATION COVERING CENTRAL LEGAL ISSUES INVOLVED IN CHALLENGING THESE STATUTES IS PRESENTED. COURTS HAVE USED THE LIMITATIONS OF PARENTAL AUTHORITY, PROCEDURAL DUE PROCESS, EQUAL PROTECTION, THE LEAST RESTRICTIVE ALTERNATIVE, STIGMATIZATION, AND STATE ACTION AND REMEDIES TO BYPASS THE STATUTES AND PROTECT CHILDREN. VOLUME 2 PROVIDES A COMPLETE PICTURE OF THE DEVELOPMENT, PREPARATION, TRIAL AND POSTTRIAL OF THE FIRST MAJOR SUCCESSFUL 'VOLUNTARY' ADMISSION LAWSUIT IN THE COUNTRY--BARTLEY VERSUS KREMSEN (1975). THE PRESENTATION INCLUDES A GENERAL DISCUSSION OF THE USE OF EXPERTS IN LITIGATING CLASS ACTION CASES INVOLVING BROAD-BASED ISSUES, A LIST OF SOURCES FOR ASSISTANCE AND GUIDANCE, AND REMARKS ON EXPERT WITNESS QUESTIONS AS THEY PERTAIN TO TRYING A 'VOLUNTARY' ADMISSIONS CASE. AN EXAMINATION OF APPLICATIONS OF BARTLEY PRINCIPLES TO OTHER TYPES OF PROCEEDINGS IS INCLUDED. APPENDIXES CONTAIN THE BARTLEY TRIAL TRANSCRIPTS AND OTHER ANALYTICAL DATA PERTAINING TO THE CASE. (AUTHOR ABSTRACT MODIFIED--DAG)