New CO Definition of "Gravely Disabled" -- Eff. July 1, 2014
CRS 27-65-102(9)
(search for statute at http://www.lexisnexis.com/hottopics/colorado/ )
(9) "Gravely disabled" means a condition in which a person, as a result of a mental health disorder, is incapable of making informed decisions about or providing for his or her essential needs without significant supervision and assistance from other people. As a result of being incapable of making these informed decisions, a person who is gravely disabled is at risk of substantial bodily harm, dangerous worsening of any concomitant serious physical illness, significant psychiatric deterioration, or mismanagement of his or her essential needs that could result in substantial bodily harm. A person of any age may be "gravely disabled", but such term does not include a person whose decision-making capabilities are limited solely by his or her developmental disability.
Val's Take
This is pretty broad language and in fact the previous language was pretty broad. As a mental health advocate, I hate to say this BUT you could drive a Mack Truck through this -- if you really wanted to.
But the fact of the matter is that's really impossible given the current resources -- and so cases are triaged. Many clinicians are certainly aware of this "triaging" and "course of dealing," so that's one of the reasons why they "think" word-smithing the civil commitment statutes to make it easier to commit people is the answer.
People --- The plain language of "gravely disabled" is about as easy as it can get.
In fact, one mental advocate has reported that a city attorney who shall remain nameless has indicated the State is ripe for a lawsuit because all of these homeless and other people who clearly meet the criteria for "gravely disabled" but the State doesn't provide the resources to serve them.
This is just one more reason among many why Comprehensive On-going Olmstead Planning is Desperately needed in Colorado and for the matter the Country.
(search for statute at http://www.lexisnexis.com/hottopics/colorado/ )
(9) "Gravely disabled" means a condition in which a person, as a result of a mental health disorder, is incapable of making informed decisions about or providing for his or her essential needs without significant supervision and assistance from other people. As a result of being incapable of making these informed decisions, a person who is gravely disabled is at risk of substantial bodily harm, dangerous worsening of any concomitant serious physical illness, significant psychiatric deterioration, or mismanagement of his or her essential needs that could result in substantial bodily harm. A person of any age may be "gravely disabled", but such term does not include a person whose decision-making capabilities are limited solely by his or her developmental disability.
Val's Take
This is pretty broad language and in fact the previous language was pretty broad. As a mental health advocate, I hate to say this BUT you could drive a Mack Truck through this -- if you really wanted to.
But the fact of the matter is that's really impossible given the current resources -- and so cases are triaged. Many clinicians are certainly aware of this "triaging" and "course of dealing," so that's one of the reasons why they "think" word-smithing the civil commitment statutes to make it easier to commit people is the answer.
People --- The plain language of "gravely disabled" is about as easy as it can get.
In fact, one mental advocate has reported that a city attorney who shall remain nameless has indicated the State is ripe for a lawsuit because all of these homeless and other people who clearly meet the criteria for "gravely disabled" but the State doesn't provide the resources to serve them.
This is just one more reason among many why Comprehensive On-going Olmstead Planning is Desperately needed in Colorado and for the matter the Country.
Certification &/or Incarceration is really "Treatment Failure"
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Val's Take
It was really Jim Dean who first introduced me to the concept which is really pretty basic that "Certification is Treatment Failure." I'm wanting to emphasize this important concept, especially because I think my comments above on Civil Commitment and "Gravely Disabled" might be misinterpreted to mean that I think the answer is to provide the resources so we can commit as many people as possible. I think the reality is -- if we provide the resources -- the perceived need to commit people is going to go way down. "Most people" don't want to be homeless and/or incarcerated and there are generally a lot of complicated reasons why they are, not least of which:
And even in certification, we have to have "Shared Decision-Making," because we do so often poorly recognize what is really going on with others and understand what they truly need. |
Retired Colorado Legal Services Mental Health Gadfly & Attorney Jim Dean -- Truly the "Dean" of Colorado Mental Health Law & the "Mental Health Medicaid Mavens"
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