Abstract
The law has recently recognized the right to adequate treatment for institutionalized mentally ill and retarded persons, and an Alabama Federal court, in Wyatt v. Stickney,has established explicit and detailed crittria for adequate treatment. However, the Wyattstandards are applicable only to the large mental hospital. Broad acceptance and implementation of these standards could result in furthering the development of bigger and better mental hospitals, and in diverting limited resources from communitybased mental health services. Expansion and modification of the legal concept of right to treatment could encompass community mental health programs as well.
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References
Brakel, S. J., & Rock, R. S.The menially disabled and the law (Rev. ed., Chicago: University of Chicago Press, 1971).
California Welfare and Institutions Code, ss. 3000 et seq, esp. ss 5000–6825, enacted in Stats. 1967, c. 1967, operative July 1, 1969.
Commonwealth v. Wiseman, 249 N.E. 2d. 610 (Mass. 1969)
Florida Statutes, ch. 394, enacted 1971, effective date July 1, 1972.
Frazier v. Levi, 440 S.W. 2d 393 (Tex., 1969)
Massachusetts General Laws, ch. 123, ss 1 et seq, as amended by ch. 888 of the Acts of 1970, effective date November 1, 1971.
Nason v. Superintendent of Bridgewater State Hospital, 233 N.E.2d 908 (Mass. 1968).
Rouse v. Cameron, 373 F.2d 451 (D.C. Cir. 1966)
United States Code Annotated, tit. 42, ss. 2681–87 (1964, Supp. 1969).
Winters v. Miller, 446 F.2d 65 (2d Cir. 1971)
Wyatt v. Stickney, 325 F.Supp. 781 (M.D. Ala. 1971)
Wyatt v. Stickney, Civil Action No. 3195 N, filed April 13, 1972, M.D. Ala.
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This work, from the Law-Medicine Unit, Laboratory of Community Psychiatry, Harvard Medical School, was supported by Public Health Service Grant 1 RO1 MH21303-01 from the National Institutes of Mental Health, Center for Studies of Crime and Delinquency.
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Kaplan, H.A. Institutions and Community Mental Health: The paradox in Wyatt v. Stickney. Community Ment Health J 9, 34–37 (1973). https://doi.org/10.1007/BF01441432
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DOI: https://doi.org/10.1007/BF01441432