Section Newsletters

Articles on Mental Health

Race, ethnicity affect kids’ access To mental health care, study finds By Shefali Luthra Employee Benefits, September 2017 Getting treatment for a mental health condition remains difficult — and it’s worse for children, especially those who identify as black or Hispanic.
Summary of appellate opinions By Andreas Liewald Mental Health Law, September 2017 Recent cases of interest.
Summary of “Innovations in Mental Health Law: Outpatient Treatment in Illinois” By Dara M. Bass Mental Health Law, September 2017 On May 17, 2017, the ISBA Mental Health Law Section Council hosted a CLE event focused on the innovations in mental health law surrounding outpatient treatment.
Appellate update By Barbara Goeben Mental Health Law, June 2017 Recent cases of interest to mental health practitioners.
A final court’s not-so-final words By Matthew R. Davison Mental Health Law, June 2017 Practitioners must remember to consider other resources and authority outside of applicable case law or risk overlooking critical developments stemming from both decisions.
Mental health treatment inside the Illinois prison system and upon release from prison By Dara M. Bass Mental Health Law, June 2017 The Section Council recently welcomed attorney Stuart Chanen to discuss mental health statistics and issues within Illinois' prison population.
Race, ethnicity affect kids’ access To mental health care, study finds By Shefali Luthra Diversity Leadership Council, June 2017 Getting treatment for a mental health condition remains difficult — and it’s worse for children, especially those who identify as black or Hispanic.
21st Century Cures Bill includes important changes to Federal mental health policy and funding By Mark Heyrman Mental Health Law, February 2017 A summary of the key changes to federal mental health law and policy contained in the new "21st Century Cures" Act.
Can a defendant be compelled to submit to a Rule 215 physical or mental examination? By Albert E. Durkin Mental Health Law, February 2017 Are there circumstances where a plaintiff can request that the Court compel the defendant to submit to a physical or mental examination by a physician designated by the plaintiff? The case of Jane Doe v. Norman Weinzweig answers that question.
Choosing a safe and effective mental health application: Understanding what factors should be considered to protect patients from a lack of FDA regulation By Sarah Costa Mental Health Law, February 2017 Most mental health apps do not change a phone into a medical device, nor are they intended to be used as an accessory to an already regulated medical device. As such, most will avoid FDA regulation.
A resolution for 2017: Giving serious consideration to outpatient treatment By Matthew R. Davison Mental Health Law, February 2017 This article highlights the new Cook County Assisted Outpatient Treatment Program and is meant to spur further contemplation and dialogue among those providers not participating in the program about how outpatient treatment demands serious consideration now, more than ever.
Can a defendant be compelled to submit to a Rule 215 physical or mental examination? By Albert E. Durkin Tort Law, December 2016 Are there circumstances where a plaintiff can request that the Court compel the defendant to submit to a physical or mental examination by a physician designated by the plaintiff? The case of Jane Doe v. Norman Weinzweig answers that question.
CIT (Crisis Intervention Team) and the emergency response to a crisis that involves the police By Dara M. Bass Mental Health Law, December 2016 The ISBA Mental Health Law Section Council recently welcomed Alexa James, the Executive Director of National Alliance on Mental Illness Chicago, to speak about the emergency crisis responses by the police.
Ex-small biz lobbyist tapped for mental health advocate post Mental Health Law, December 2016 A veteran small business lobbyist has been hired to help handle state mental health government affairs for a top Illinois behavioral health advocacy group and to push to reverse state funding cuts opposed by Illinois voters.
New legal rules regarding medical cannabis By Meryl Camin Sosa Mental Health Law, December 2016 A discussion of the new rules as well as the existing legal requirements regarding medical cannabis.
Premiere mental health treatment for emerging adults By Susan D. O’Neal Mental Health Law, December 2016 Yellowbrick uses cutting-edge science, such as brain imaging, EEGs, and pharmaco-genomic testing to find the best medicine to treat the condition and to measure progress.
Journalist speaks with Mental Health Section Council members By Patti Werner Mental Health Law, October 2016 Pulitzer Prize winning journalist David Jackson addressed the Mental Health Section Council’s members at its September meeting.
Race, ethnicity affect kids’ access To mental health care, study finds By Shefali Luthra Mental Health Law, October 2016 Getting treatment for a mental health condition remains difficult — and it’s worse for children, especially those who identify as black or Hispanic.
Unmasking client pseudo-mental capacity By Rick L. Law Mental Health Law, October 2016 It is the lawyer’s duty to determine whether or not a client or prospective client has sufficient capacity to engage in contracts; make donations or gifts; or create testamentary documents.
Unmasking client pseudo-mental capacity By Rick L. Law Trusts and Estates, August 2016 It is the lawyer’s duty to determine whether or not a client or prospective client has sufficient capacity to engage in contracts; make donations or gifts; or create testamentary documents.
Alcohol and mental health problems demand action By Patrick Krill Bench and Bar, May 2016 A recently published study confirms a substantial level of behavioral health problems among attorneys and, in short, reveals cause for great concern.
Appellate update By Andreas Liewald Mental Health Law, May 2016 Illinois Supreme Court In re Linda B., 2015 IL App (1st) 132134 (February 18, 2015) Illinois Guardianship and Advocacy Commission has filed a PLA and has filed a Motion for Extension. Respondent was held on medical floor for 17 days before a petition for involuntary admission was filed.
Your client has just been found not guilty by reason of insanity—Your work is not over By Mark J. Heyrman Mental Health Law, May 2016 Following this successful defense, counsel must ensure that: (1) the defendant is transferred promptly to a Department of Human Services facility for an evaluation; (2) the defendant receives a commitment hearing; and (3) if the defendant is committed, he is given a commitment which is no longer than authorized under 730 ILCS 5/5-2-4(b).
New laws in 2016 By Joseph T. Monahan Mental Health Law, April 2016 The new year brought a variety of new laws and amendments to existing laws taking effect in Illinois.
Privacy of mental health records in Illinois: The Mental Health & Developmental Disabilities Confidentiality Act By Sarah J. Taylor Mental Health Law, April 2016 An overview of the Act and some of the issues that can arise when practitioners seek access to mental health records in various situations.
Appellate update By Andreas Liewald Mental Health Law, March 2016 Recent cases of interest.
Review of Illinois mental health legislation—2015 By Mark J. Heyrman Mental Health Law, March 2016 Highlights of the bills passed in Illinois in 2015 that affect those who work in the mental health field.
Privacy of mental health records in Illinois: The Mental Health & Developmental Disabilities Confidentiality Act By Sarah J. Taylor Family Law, February 2016 An overview of the Act and some of the issues that can arise when practitioners seek access to mental health records in various situations.
Competitive, integrated employment: The next step in achieving community integration for people with disabilities By Cheryl R. Jansen Mental Health Law, December 2015 While it is important to celebrate the advances made by people with disabilities since the ADA was passed, it is equally important to examine what remains to be done.
The living room alternative to ER visits for mentally ill patients in crisis By Susan O’Neal Mental Health Law, December 2015 As lawyers, we should be interested in the Living Room concept because it potentially represents the most humane and least restrictive means of defusing a mental health crisis.

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