Mental Health Advocacy Rights

Summary

Prisons have specific procedures for mental health care. Inmates can be transferred to state hospitals if necessary, but prison rules generally apply. If the Department of Corrections neglects this, consider filing complaints, seeking second opinions, and contacting advocacy groups. Legal aid societies and pro bono clinics in Oregon may offer free or low-cost assistance.

Full Conversation

i have a mentally incompetent brother, whom is unable to care for himself & is a current inmate of the Oregon department of corrections, i filed a notice of mental health to get my brother involuntarily committed to the state hospital with the county mental health director of the county he resides in. the county mental health director told me she would not file the notice of mental health with the courts because my brother is in prison and the prison had their own laws for
Hello ****, I understand your situation. Prisons indeed have their own procedures for dealing with inmates with mental health issues. In Oregon:
- Prisons are responsible for providing mental health care to inmates.
- Inmates can be transferred to a state hospital if necessary.
However, since your brother is in prison, the prison's rules will generally apply.
transferring inmates to the state hospital. but the department of corrections is INTENTIONALLY neglecting that transfer, and the Oregon administrative rule for filing a notice of mental health clearly states " any person who resides in the county" not "every person except for prison inmates"
Hello ****, I understand your concern. However, it's important to note:
- Prisons have their own health care services and procedures.
- The "any person who resides in the county" rule may not apply to inmates.
I suggest consulting a lawyer for this specific situation.
but the law does not state that the "any person who resides in the county" does not apply to prison inmates
Hello ****, I understand your frustration. However, while the law doesn't expressly exclude inmates, it's interpreted within the context of prison regulations. I recommend seeking a legal professional's advice for a detailed understanding.
and, i was following the advice from a lawyer who guided me through each step of the process
Hello ****, it's good you're consulting a lawyer. To ensure your brother gets the necessary care, you might consider:
- Requesting a formal review of his mental health status within the prison
- Approaching a higher authority if you believe there's negligence
I strongly suggest continuing with your legal consultation.
and, the department of corrections is neglecting to transfer my brother to the state hospital when they are very aware that he is mentally incompetent & unable to care for himself
Hello ****, it's a challenging situation. You might consider:
- Filing a complaint with the Oregon Department of Corrections.
- Contacting the Oregon Advocacy Center, they may assist with legal advocacy for people with disabilities.
Always consult your lawyer before taking any action.
i have filed complaints with the department of corrections, the response i received stated that my brother was of normal mental competency, but that's a lie.
Hello ****, I understand your distress. In this case, you might want to consider escalating the issue. You could:
- Seek a second opinion on your brother's mental competency.
- File a complaint with Oregon's Ombudsman Office.
- Consider legal action if negligence is proven.
Remember to consult your lawyer before proceeding.
and i can't find a lawyer who practices this area of law that will talk to me for free
Hello ****, I understand your predicament. You might want to explore:
- Legal aid societies in Oregon.
- Pro bono legal clinics.
- Law schools' legal clinics.
These often provide free or low-cost assistance. Always verify credentials before proceeding.
and i don't have the money to pay for one
Hello ****, I understand your situation. In Oregon, you may qualify for free legal assistance. Consider contacting:
• Oregon Legal Aid
• Volunteer Lawyers Project
• Legal Aid Services of Oregon
Ensure to check eligibility and provide all necessary information.