Legal Rights of Persons With Disabilities - Ossh.com

1983. (Zinermon v. Burch (1990) 494 U.S. 113.) In California, people with mental illnesses have the same
legal rights as all other people. (Welf. & Inst. Code, ' 5325.1; Foy v. Greenblott (1983) 141 Cal.App.3d 1.) No
one who has been involuntarily detained for evaluation or treatment, or who resides voluntarily in a treatment
facility, can be excluded from participation in, denied the benefits of, or subjected to discrimination under any
publicly-funded program or activity. Additionally, persons with mental disabilities have a right to treatment in
the least restrictive setting possible which promotes the ability of the person to function independently, and a
right to be free from hazardous procedures, unnecessary or excessive physical restraint or medication, abuse, or
neglect. Medication cannot be used as punishment, for the convenience of staff, as a substitute for a treatment
program, or in quantities that interfere with treatment. (Welf. & Inst. Code, ' 5325.1; Mills v. Rogers (1982)
457 U.S. 291.)
Persons with mental disabilities residing either voluntarily or involuntarily in health care facilities also
have the right to:
$ wear their own clothing, keep and use their personal possessions, and keep and be allowed to spend a
reasonable sum of money for small purchases;
$ have access to individual storage space for private use;
$ see visitors each day;
$ have reasonable access to telephones, both to make and receive confidential calls or to have such calls
made for them;
$ have access to letter-writing materials, including stamps, and to mail, and to receive unopened
correspondence;
$ refuse convulsive treatment (convulsive treatments include electroshock therapy and insulin coma
treatment);
$ refuse psychosurgery; and
$ see and receive the services of a patient advocate.
In California, a patient voluntarily admitted to a treatment facility may refuse anti-psychotic
medication. (In Re Qawi (2001) 90 Cal.App.4th 1192, review granted and opinion superceded by
111 Cal.Rptr.2d 825.) These rights must be prominently posted in the languages predominant in the
community. Each patient must, upon admission to the facility, be given a copy of a patient's rights handbook
prepared by the state Department of Mental Health. (Welf. & Inst. Code, ' 5325.)
C. Commitment Procedures
A police officer, member of the attending staff of an evaluation facility designated by the county,
designated members of a mobile crisis team, or other professional person designated by the county may take
into custody and detain upon probable cause any person who, as a result of a mental disorder, is a danger to
himself or herself, or to others, or who is "gravely disabled." The person may
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