Respond to peer DUE SATURDAY

Ethical considerations related to this topic for adults

“Laws allowing involuntaryadmission to psychiatric hospitals in case of risk of self-harm or harm to others are common legal instruments and exist in all European countries and many other countries. Common legal options for involuntary hospitalization are the Mental Health Act (MHA) and legal guardianship legislation (LGL)” (Peters et al., 2024). Ethically, suppose someone is at risk of self-harm or harm to others. In that case, it is of monumental importance to have the ability to involuntarily admit them for their safety and the safety of others.

Ethical considerations related to this topic for children/adolescents

Walker et al. (2021). “have identified several clinical and social factors that are associated with an increased likelihood of involuntary over voluntary psychiatric hospitalization in children and adolescents. The clinical factors include a diagnosis of psychosis, substance misuse, or intellectual disability, as well as the presence of perceived risk of harm to self or others.”

Legal considerations related to this topic for adults

Capalbo et al. (2021) discuss a patient who was involuntarily detained until psychiatric placement could be located. In the meantime, this patient filed habeas corpus with the superior court for his release. The court denied his motion for judgment and habeas petition. The Supreme Court heard the case and found that the superior court had erred in finding that the hospital was not violating statutory procedures. The Supreme Court explained, “The statute required the completion of three steps, including that a person must first complete an application seeking the emergency admission, a medical practitioner must examine the individual the applicant is seeking to admit and sign a certificate supporting the application, and, finally, a judicial review and endorsement must occur” (Capalbo et al., 2021).

Legal considerations related to this topic for children/adolescents. 

Geng et al. (2020) found that “Although the Mental Health Law of China was revised in 2018, it still lacks specific criteria governing involuntary hospitalization of child and adolescent patients. Developing more specific and more operational criteria to guide involuntary admission for child and adolescent patients is of urgency and great importance to ensure appropriate treatment of these patients and protect their rights”.

References

Capalbo, G. B., Mulligan, G., & Anacker, L. (2021). Due Process Protections in Involuntary Civil Commitment. Journal of the American Academy of Psychiatry & the Law, 49(4), 625–627. https://doi.org/10.29158/JAAPL.210126L1-21Links to an external site.

Geng, F., Jiang, F., Conrad, R., Liu, T., Liu, Y., Liu, H., & Tang, Y. (2020). Factors Associated With Involuntary Psychiatric Hospitalization of Youths in China Based on a Nationally Representative Sample. Frontiers in Psychiatry, 11, N.PAG. https://doi.org/10.3389/fpsyt.2020.607464

Peters SJ, Schmitz-Buhl M, Zielasek J, & Gouzoulis-Mayfrank E. (2024). Involuntary psychiatric hospitalization – differences and similarities between patients detained under the Mental Health Act and according to the legal guardianship legislation. BMC Psychiatry, 24(1), 442. https://doi.org/10.1186/s12888-024-05892-z

Walker, S., Barnett, P., Srinivasan, R., Abrol, E., & Johnson, S. (2021). Clinical and social factors associated with involuntary psychiatric hospitalization in children and adolescents: a systematic review, meta-analysis, and narrative synthesis. The Lancet. Child & Adolescent Health, 5(7), 501–512. https://doi.org/10.1016/S2352-4642(21)00089-4