NY Court of Appeals Eyes Mental Health Patients' Right to Counsel
The case, according to an attorney for the individual, could set a precedent for other mental health patients retained in facilities who commonly ask that their attorney be present during treatment planning meetings.
January 08, 2019 at 05:22 PM
6 minute read
An attorney for the state argued before the New York Court of Appeals on Tuesday that a convicted sex offender confined at a mental health facility in the North Country should not have a categorical right to have an attorney present at meetings to help develop a treatment plan.
The case, according to an attorney for the individual, could set a precedent for other mental health patients retained in facilities who commonly ask that their attorney be present during treatment planning meetings.
It's a rare instance of litigation between two state agencies, brought by the Mental Hygiene Legal Service, a state agency, against the Office of Mental Health on behalf of a convicted sex offender currently committed to the St. Lawrence Psychiatric Center. MHLS provides legal representation for individuals receiving services for a mental disability, regardless of that person's criminal history.
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