UNIVERSITY OF WASHINGTON SCHOOL OF LAW H 534 A, Mental Health and Law Syllabus, Spring 2016 M/W, 10:30 12 noon, Room L201

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1 UNIVERSITY OF WASHINGTON SCHOOL OF LAW H 534 A, Mental Health and Law Syllabus, Spring 2016 M/W, 10:30 12 noon, Room L201 Instructor Terry J. Price, MSW, JD Associate Director, UW Law School Center for Law, Science and Global Health tprice@uw.edu Summary of Course This course deals with both civil and criminal aspects of mental health and the law. First, the course will present the definitions of mental illness and mental disability, and outline the issues for providers of mental health services including psychiatrist patient privilege. The course will then focus on civil aspects of mental health law, such as standards and procedures for involuntary commitment; consent for, and informed refusal of, treatment; and deinstitutionalization/community based treatment. Next, the course will focus on the mental health issues in criminal law, such as the insanity defense, competency to stand trial, and punishment of the mentally ill. If there is time remaining, the course will focus on laws and litigation regarding sexually violent predators. Class Participation An essential component of this course will be your active and voluntary participation in class discussion. If necessary, students will be called on to solicit participation in class discussion. Course Grade Your course grade will be based on a short take home written assignment and final examination. The final exam is scheduled for Thursday, May 26 at 1 pm. ALL issues with exam scheduling must be taken up with Academic Services, not the instructor. Course Book We will be using Law and the Mental Health System, 6 th edition, by Slobogin, Hafemeister, Mossman, and Reisner, 2014 (hereinafter Slobogin). The pages below refer to this book. Course Syllabus The following syllabus outlines the course, reading assignments and sets forth a preliminary timetable. It is likely that I will amend the timetable during the course. However, this outline should serve as a rough guide as you plan your reading and study schedule. The reading assignments should be read prior to the coverage of that portion of the outline in class. 1

2 Disability Related Needs Your experience in this class is important to me. If you have already established accommodations with Disability Resources for Students (DRS), please communicate your approved accommodations to me at your earliest convenience so we can discuss your needs. If you have not yet established services through DRS, but have a temporary health condition or permanent disability that requires accommodations (conditions include but not limited to; mental health, attention related, learning, vision, hearing, physical or health impacts), you are welcome to contact DRS at 011 Mary Gates Hall or or uwdrs@uw.edu or disability.uw.edu. DRS offers resources and coordinates reasonable accommodations for students with disabilities and/or temporary health conditions. Reasonable accommodations are established through an interactive process between you, your instructor(s) and DRS. It is the policy and practice of the University of Washington to create inclusive and accessible learning environments consistent with federal and state law. March 28, 2016 I. Introduction to Course II. Introduction to Mental Health Issues III. Introduction to Psychiatric Diagnosis Peter Kramer, Listening to Prozac, 1997 (pp ) (posted on Canvas) Slobogin, pp (skim) March 30, 2016 IV. Judicial Proceedings and Testimonial Privilege Slobogin, pp , Optional: Lodis v. Corbis Holdings, Inc., 172 Wn.App. 835 (2013)(Section II, Psychologist Patient Privilege Waiver) April 4, 2016 V. Claims of Negligent Care and the Tarasoff Decision Slobogin, pp , Optional: Volk v. Demeerleer, 184 Wn.App. 389 (2014), rev. granted, 183 Wn.2d 1007 (2015) 2

3 April 6, 2016 VI. Civil Commitment: Basis for State Intervention Slobogin, pp Optional: In re LaBelle, 107 Wn.2d 196 (1986) April 11, 2016 VII. Civil Commitment: State Intervention and Least Restrictive Alternative Slobogin, pp Optional: In re Detention of C.K., 108 Wn. App. 65 (2001) Take home assignment handed out. April 13, 2016 VIII. Civil Commitment: Procedures Slobogin, pp Optional: In re Detention of C.W., 147 Wn.2d 259 (2002) April 18, 2016 Guest presenter: Sergeant Eric Pisconski, Seattle Police Crisis Response Unit April 20, 2016 IX. Civil Commitment: Procedures and Commitment of Other Populations Slobogin, pp , Optional: Poletti v. Overlake Hosp. Med. Ctr., 175 Wn. App. 828 (2013) Take home assignment due to Academic Services by 8:30 am. April 25, 2016 X. Mental Disorder and Criminal Law, Criminal Responsibility Slobogin, pp , (skim) Optional: State v. Box, 109 Wn.2d 320 (1987) 3

4 April 27, 2016 XI. Admissibility of Clinical Opinion Testimony Slobogin, pp Optional: State v. Greene, 139 Wn.2d 64 (1999) May 2, 2015 CLASS CANCELLED May 4, 2016 XII. Competency in the Criminal Process Slobogin, pp Optional: State v. Hernandez Ramirez, 129 Wn. App. 504 (2005) May 9, 2016 XIII. Competency in the Criminal Process (con t) Slobogin, pp May 11, 2016 XIV. Right to Refuse and Consent to Psychiatric Treatment Slobogin, pp Optional: In re Det. of Schouler, 106 Wn.2d 500 (1986) May 16, 2016 XV. Sentencing Slobogin, pp , Optional: State v. Reid, 144 Wn.2d 621 (2001) 4

5 May 18, 2016 XVI. Mental Health Patient in Society XVII. Current Issues XVIII. Review In re Matter of Guardianship of K.M., 62 Wn. App. 811 (1991) Ramey v. Knorr, 130 Wn. App. 672 (2005) Hunt v. King County, 4 Wn. App. 14 (1971) Estate of Kissinger, 166 Wn.2d 120 (2009) In re D.W., 181 Wn.2d 201 (2014) Trueblood v. WA Dep t of Soc. and Health Srvcs., 73 F.Supp.3d 1311 (2014) Trueblood v. WA Dep t of Social and Health Srvcs., 101 F.Supp.3d 1010 (2015) 5