The sad thing is there was an unstable woman who chose to take her life. The fact that she was married to a Kennedy makes this fodder for media. I'm not familiar with what happened in the case of Ted Kennedy's ex Joan but it seems that she carried herself in a more dignified manner than this woman did, despite her addictions.
LE may not have arrested her but rather looked to the family to place her where she would get adequate mental health care. It appears RFK Jr tried to do that but she jumped out of the car. What did Mary's family do to help her when it came to her mental health?
Snoopster is right, there are no 'sides' here,
just a woman who needed help.****
State-by-State Standards for Involuntary Commitment (Assisted Treatment)
New York
For inpatient:
60-day involuntary treatment based on medical certification:
N.Y. MENTAL HYG. LAW § 9.05(b) A certificate, as required by this article, must show that the person is mentally ill . . . [and] the condition of the person examined is such that he needs involuntary care and treatment in a hospital . . . .
N.Y. MENTAL HYG. LAW § 9.37(a) The director of a hospital, upon application by a director of community services or an examining physician duly designated by him or her, may receive and care for in such hospital as a patient any person who, in the opinion of the director of community services or the director's designee, has a mental illness for which immediate inpatient care and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or herself or others.
If a hearing on the patient's need for treatment during the 60-day involuntary treatment:
N.Y. MENTAL HYG. LAW § 9.31(c). If it be determined [by the court] that the patient is in need of retention, the court shall deny the application for the patient's release. If it be determined that the patient is not mentally ill or not in need of retention, the court shall order the release of the patient.
N.Y. MENTAL HYG. LAW § 9.01. As used in this article: "in need of care and treatment" means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. "in need of involuntary care and treatment" means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment.
N.Y. MENTAL HYG. LAW § 9.01. "need for retention" means that a person who has been admitted to a hospital pursuant to this article is in need of involuntary care and treatment in a hospital for a further period.
N.Y. MENTAL HYG. LAW § 9.01. "likelihood to result in serious harm" or "likely to result in serious harm" means
(1) a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person is dangerous to himself or herself, or
(2) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm.
Case Law. Although not explicitly in the states code, a strong majority of the New York courts addressing the issue have held that in order to retain a patient for involuntary psychiatric care under New York law a hospital must establish that the patient is (1) mentally ill; (2) in need of continued, supervised care and treatment; and (3) that the patient poses a substantial threat of physical harm to himself and/or others. E.g., Anonymous v. Carmichael, 727 N.Y.S.2d (N.Y. App. Div. 2001)
For outpatient:
N.Y. MENTAL HYG. LAW § 9.60(C). Criteria for Assisted Outpatient Treatment. A patient may be ordered to obtain assisted outpatient treatment if the court finds that:
(1) The patient is eighteen years of age or older; and
(2) The patient is suffering from a mental illness; and
(3) The patient is unlikely to survive safely in the community without supervision, based on a clinical determination; and
(4) The patient has a history of lack of compliance with treatment for mental illness that has:
(I) At least twice within the last thirty-six months been a significant factor in necessitating hospitalization in a hospital, or receipt of services in a forensic or other mental health unit of a correctional facility, not including any period during which the person was hospitalized or incarcerated immediately preceding the filing of the petition or;
(II) Resulted in one or more acts of serious violent behavior toward self or others or threats of, or attempts at, serious physical harm to self or others within the last forty-eight months, not including any period in which the person was hospitalized or incarcerated immediately preceding the filing of the petition; and
(5) The patient is, as a result of his or her mental illness, unlikely to voluntarily participate in the recommended treatment pursuant to the treatment plan; and
(6) In view of the patient's treatment history and current behavior, the patient is in need of assisted outpatient treatment in order to prevent a relapse or deterioration which would be likely to result in serious harm to the patient or others as defined in section 9.01 of this article; and
(7) It is likely that the patient will benefit from assisted outpatient treatment; and
(8) If the patient has executed a health care proxy as defined in article 29-C of the Public Health Law, that any directions included in such proxy shall be taken into account by the court in determining the written treatment plan.
http://mentalillnesspolicy.org/studies/state-standards-involuntary-treatment.html
