What do you do in your County when at the beginning of a hearing the PRA points out that there is only one signature of psychiatrist certifying the person for detention?
– Suggest at the end of the hearing that the patient may wish to challenge detention in a Court hearing for Habeas Corpus, because hearing officers have no authority to determine legal formality.
– Determine that the person is illegally detained and must be released without the need for a hearing.
– Adjourn the hearing till a second signature of a professional who participated in the assessment is obtained.
– Some other solution.
September 2, 2008 | Joseph Melton
Interesting question Joe….I have not had that happen in my county, so, sorry, cannot help you on this one.
September 22, 2008 | Don Sutton
In Santa Clara County, before July of this year, we had to discharge the hold. However, this is no longer the case when our Court revised the policies and procedures manual in July.
1) inform the patient he or she can file a writ or
2) allow the hospital to amend the certification then proceed with hearing. I do this when I determine that there are evidence to indicate that the decision to place the patient on a hold was discussed by two qualified individuals under the law, that the error was only a technical error.
October 17, 2008 | Hoa Glassey
In L.A., we proceed with the hearing regardless of the procedural flaws. We are not permitted to suggest to patients that they take a Writ, only that it is available without telling them about the procedural/legal shortcomings in the paperwork.
Once the certification is given to me and the hearing commences, no further alterations can be made to the document. In this regard rules vary by county. To many it would appear to be a waste of time and resources not to permit the second signature. If a writ is not taken, in L.A., the issue is never addressed.
August 20, 2012 | Frank Ciafone