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Sgt CPK > Mental Health > Flashcards

Mental Health Flashcards

1
Q

Define Mental Disorder?

A

an abnormal state of mind suffering:
delusions
disorders of mood or perception or volition or cognition

Poses a serious danger to the h&s of that person or of others
(b) Seriously diminishes the capacity of that person to take care of himself or herself;

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2
Q

MH Section 38 – Assistance when person may need assessment

A

1) Anyone who believes that a person may be suffering from a mental disorder may at any time request the assistance of a DAO.

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3
Q

Under MH Section 38 - What must a DAO do if they are contacted about the someone’s MH?

A

(a) Investigate the matter to satisfy

(i) The concern is genuine; and

(ii) There are RGs for B that the person may be suffering from a mental disorder; and

Decide, on reasonable grounds, whether the person needs to have an exam urgently in the person’s own interests or the interests of any other person.

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4
Q

Under section 38 of MH - if the DAO decides that the person needs to have an exam, but not urgently, they must—

A

(a) Arrange, or assist in arranging, for a MHP to examine the person with a view to issuing a certificate under section 8B(4)(b); and

(b) Once such a certificate is issued, assist someone else to apply under section 8A for assessment of the person, or apply themselves and

(c) Arrange for an assessment exam to be conducted under section 9

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5
Q

MH Section 38 - If the DAO decides that the person needs to have an examination urgently, he or she must—

A

(a) Try to get a MHP to come to the person to examine them with a view to issuing a certificate under section 8B(4)(b); and

(b) If a MHP is available to come to the person, take reasonable steps to ensure that the MHP is able to examine the person, including calling for police assistance under section 41; and

(c) If no MHP is available to come to the person, try to get the person to go willingly to a MHP; and

(d) If the person refuses to go willingly take all reasonable steps to—
(i) Take the person to a MHP
(ii) Ensure that the MHP is able to examine the person
(e) Once a cert is issued under section 8B(4)(b), assist someone else to apply under section 8A for assessment of the person, or apply themselves if nobody else is willing to apply; and
(f) Arrange for an assessment exam to be conducted under section 9.

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6
Q

MH S38 - If a MHP has already examined issued a certificate, how long can this be in existence before another is required?

A

No longer than 72hrs.

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7
Q

MH Section 41 – Who can call for Police assistance

A

A DAO who is intending or attempting to do anything specified in section 38 may call a constable for assistance

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8
Q

MH Section 41 - if a constable is called to assist a DAO can they enter a premises?

A

(a) May enter the premises
(b) Must, be in uniform or produce ID

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9
Q

MH Section 41 - if a constable is called to assist a DAO how long can they detain a person?

A

A constable can detain the person where he or she is for the shorter of—
(a) 6 hours; and
(b) The time it takes to conduct the examination.

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10
Q

MH Section 41 - if a constable is called to assist a DAO can they take the affect person away for an exam and if so, for how long?

A

A constable who enters premises may,
(a) Take the person to the place to have an examination; and
(b) Detain the person at the place for the shorter of—
(i) 6 hours; and
(ii) The time it takes to conduct the examination.

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11
Q

MH Section 41 - if a constable is called to assist a DAO what can they do and where can they take the patient?

A

A const who enters premises

(a) Take patient to place they are required to attend; &

(b) Detain patient at the place for shorter of—

(i) 6 hours; &

(ii) Time it takes to conduct whichever the patient was refusing to attend:

An assessment exam,
An assessment where notice given under s11 or 13 relates; or
An exam where notice given under s14A(3)(b) relates; or
A review under s76(1A) relates; or
(Treatment in accordance with a community treatment order

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12
Q

MH Section 41 - can Police take the patient back to hospital?

A

A constable who enters premises, may take the patient back to the hospital.

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13
Q

Section 109 – Police powers in relation to person appearing to be mentally disordered in public place

A

Any person found wandering at large
in any public place &
acting in a manner that
gives rise to a reasonable belief they may be mentally disordered,

any constable may,
if they think that it would be desirable in the interests of the person
or public to do so, –

(a) Take the person to a Police station
hospital
surgery
or some other appropriate place; &

(b) Arrange for a MHP to examine the person at that place as soon as practicable.

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14
Q

MH Section 109 - If the mental health practitioner, having examined the person, does not consider that there are reasonable grounds for believing that the person may be mentally disordered, can the person be released?

A

Yes

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15
Q

MH Section 109 - If a MHP having examined the person, considers that there are RGs for B a person may be suffering from a mental disorder & it is desirable they have an urgent assessment exam…. What must the MHP do?

A

ASAP issue a certificate under section 8B(4)(b); and
(b) Make an application under section 8A

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16
Q

Can a MHP nominate a place a where a patient can go for the purpose of an assessment exam?

A

Yes.
The const must detain the patient at that other place until the assessment examination has been conducted.

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17
Q

What does the MOU between Police & Ministry of Health cover?

A

Responsibilities
Transportation of patients
and use of force

  • The “DAO” is the official in charge
  • DAO should request Police assistance only when the particular powers and specific expertise of Police are required
  • Where a person needs to be assessed, this should take place in the least restrictive environment possible (such as in the community or a health facility like an emergency department)
  • states that a person’s degree of intoxication should not delay any mental health assessment
  • Police provide assistance only when required as statutorily provided for in the Act.
18
Q

In regards to Mental Disorder, what is the role of the DAO?

A

Investigate & decide whether the person needs to have an exam, and if is required urgently.

The DAO must arrange for a health practitioner to examine the person.

19
Q

If there are reasonable grounds for believing the person is suffering from a mental disorder, they can be certified for compulsory assessment. Who is responsible for this?

A

usually a psychiatrist or doctor)

20
Q

If found to be mentally disordered, who can compel the person?

A

Court (either through a community treatment order or inpatient order)

And to undergo treatment as long as that person’s mental disorder continues.

21
Q

What is a mental disorder?

A

a person is in an abnormal state of mind (continuous or intermittent)
who may be delusional, or their mood or perception may be such that it
poses a serious danger
to the h&s of that person or others,
or seriously diminishes the capacity to look after themselves.

Key words in the above definition are:
(i) “…poses a serious danger…”, and
(ii) “…seriously diminished capacity…to look after themselves.”

22
Q

What is not included under Mental Disorder?

A
  • political, religious or cultural beliefs
  • sexual preferences
  • criminal or delinquent behaviour
  • substance abuse
  • intellectual disability
23
Q

Where do your powers come to assist a DAO?

A

Section 41 of the Mental Health CAT Act 1992

24
Q

Do Police have powers to enter private property to detain someone who is 1M

A

NO.
Unless they have been asked to do so by a DAO or MHP.

25
Q

There are three main things Police can assist a DAO with. Name them?

A
  1. Detain a person for up to six hours (or less) to complete an examination
  2. May take the person to the place of the examination and detain them for up to six hours
  3. May take the person to the place they are required to attend (for an exam or treatment) up to six hours,
    or back to hospital
26
Q

What is the preferred action of where a person should be assessed?

A

In the persons home

27
Q

Under section 113A of the Mental Health Act 1992, who can apply for a warrant for a mentally distressed patient?

A

A Police Constable or the Director of Area Mental Heath Services

28
Q

Can you use force with regards to the Mental Health Cat Act?

A

Yes, as much force is necessary

29
Q

What are the limitations to Police powers when it comes to assisting a DAO?

A

The only powers that Police have is to enter the premises and detain a person

30
Q

If a DAO asks you to take or return a patient to an assessment place, what must you see?

A

The Assessment Certificate or Compulsory Treatment Order

31
Q

If you use more than minimal or inconsequential force when transporting a MH patient do you need to complete a TOR?

A

Yes

32
Q

Can you take a MH patient to a Police Station?

A

As a very last resort

33
Q

Do you have to give a MH patient the BORs

A

Yes, as you are detaining them (for up to six hours)

34
Q

If a DAO is not present at the address, should you take the role of a DAO and take the person to hospital?

A

No. If the job is not urgent decline to take further action.

In some cases you can act on verbal instructions from the DAO (generally it will be a well known patient)

35
Q

If you find a Mentally disordered person wandering at large what are your powers to apprehend them?

A

S109 of the Mental Heath CAT Act 1992

This should only be done if it is in the interests of the person or public to do so

QP them
Call the hospital to find more information on them
Check if they are on leave from a psychiatric hospital

36
Q

If a MHP decides that a person does not have a mental disorder, what should you do with the person

A

Let them go

37
Q

What other powers come with S109

A

Apprehending and detaining

38
Q

If a MHP is involved, can they dictate where the person should be assessed?

A

Yes

39
Q

If you use force on a Mentally Affected person, do you need to complete a TOR?

A

yes

39
Q

If a MH person is at large, what powers do you have to enter private premises?

A

Section 7 S&S (search for and arrest a person unlawfully at large)

Section 14 S&S allows you to enter private property or a vehicle w/out warrant if you suspect there is a risk to life or safety

40
Q
A

Sgt CPK (24 decks)

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