Discussion in 'Caylee Anthony 2 years old' started by JBean, Jan 26, 2009.
Please post any updates here.
72 Hours is up, so he can be released anytime now.
I truly hope he doesn't leave, I believe he needs more time. Even worst the hospital could release him because of lack of insurance.
George Anthony To Remain Hospitalized Monday
Monday, January 26, 2009 updated: 10:36 am EST January 26, 2009
ORANGE COUNTY, Fla. -- George Anthony will remain hospitalized Monday, but attorney Brad Conway told Eyewitness News that it's possible George will be released this week. Halifax Medical Center confirmed George would remain hospitalized Monday. http://www.wftv.com/news/18562788/detail.html
I have a question about George.
What if the doctors felt it was ok to release George today but
Cindy and Conway felt he should stay longer and argued their
reasons to the Dr? Would they take this into consideration and keep him? I have a strange feeling that Cindy would rather not have him home just now for fear he may say something that could damage Casey's defense.
Here is CA if you don't say the words "I am going to kill myself" then there is no way anyone can make you stay unless you are declared incompetent.There would be a court process for that and takes time and is painful and difficult.
The choice to leave I would think will be up to George. At least it would be here in CA but I do not know if it is different in FL.
I don't think they have a choice...unless they pursue the legal hold avenue....other than that it is up to the docs.....but what do I know!
My wish for GA is to go to a safe place, quiet and serene...........maybe a friend or relatives and get out of the circus for awhile. Or tell the truth.......I personally would rather be in jail then go back to that house! To me that house would be pure STRESS!
from the playhouse to TV. Not saying a word about the room mates, media, etc......MOO
After reading this, I am wondering if he hasn't been declared incompetent. He may go to another treatment facility?
"Conway said they are still waiting on doctors to confirm a treatment plan. That may include George being released to a treatment facility closer to his Orange County home."
I'm thankful he isn't leaving the hospital too early! Many of us here at WS continue to pray for you, George!!!
that would be incompetent --- I till have problems with how much of this is getting out.....all I keep thinking of is HIPPA laws....the hospital shouldn't even be confirming he is still there....this is just so against that law! :furious:
Here is the Florida statute regarding Involuntary Psychiatric Placement:
394.467 Involuntary inpatient placement.--
(1) CRITERIA.--A person may be placed in involuntary inpatient placement for treatment upon a finding of the court by clear and convincing evidence that:
(a) He or she is mentally ill and because of his or her mental illness:
1.a. He or she has refused voluntary placement for treatment after sufficient and conscientious explanation and disclosure of the purpose of placement for treatment; or
b. He or she is unable to determine for himself or herself whether placement is necessary; and
2.a. He or she is manifestly incapable of surviving alone or with the help of willing and responsible family or friends, including available alternative services, and, without treatment, is likely to suffer from neglect or refuse to care for himself or herself, and such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; or
b. There is substantial likelihood that in the near future he or she will inflict serious bodily harm on himself or herself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm; and
(b) All available less restrictive treatment alternatives which would offer an opportunity for improvement of his or her condition have been judged to be inappropriate.
(2) ADMISSION TO A TREATMENT FACILITY.--A patient may be retained by a receiving facility or involuntarily placed in a treatment facility upon the recommendation of the administrator of a receiving facility where the patient has been examined and after adherence to the notice and hearing procedures provided in s. 394.4599. The recommendation must be supported by the opinion of a psychiatrist and the second opinion of a clinical psychologist or another psychiatrist, both of whom have personally examined the patient within the preceding 72 hours, that the criteria for involuntary inpatient placement are met. However, in counties of less than 50,000 population, if the administrator certifies that no psychiatrist or clinical psychologist is available to provide the second opinion, such second opinion may be provided by a licensed physician with postgraduate training and experience in diagnosis and treatment of mental and nervous disorders or by a psychiatric nurse as defined in s. 394.455(23). Such recommendation shall be entered on an involuntary inpatient placement certificate, which certificate shall authorize the receiving facility to retain the patient pending transfer to a treatment facility or completion of a hearing.
(3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.--The administrator of the facility shall file a petition for involuntary inpatient placement in the court in the county where the patient is located. Upon filing, the clerk of the court shall provide copies to the department, the patient, the patient's guardian or representative, and the state attorney and public defender of the judicial circuit in which the patient is located. No fee shall be charged for the filing of a petition under this subsection.
(4) APPOINTMENT OF COUNSEL.--Within 1 court working day after the filing of a petition for involuntary inpatient placement, the court shall appoint the public defender to represent the person who is the subject of the petition, unless the person is otherwise represented by counsel. The clerk of the court shall immediately notify the public defender of such appointment. Any attorney representing the patient shall have access to the patient, witnesses, and records relevant to the presentation of the patient's case and shall represent the interests of the patient, regardless of the source of payment to the attorney.
(5) CONTINUANCE OF HEARING.--The patient is entitled, with the concurrence of the patient's counsel, to at least one continuance of the hearing. The continuance shall be for a period of up to 4 weeks.
(6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.--
(a)1. The court shall hold the hearing on involuntary inpatient placement within 5 days, unless a continuance is granted. The hearing shall be held in the county where the patient is located and shall be as convenient to the patient as may be consistent with orderly procedure and shall be conducted in physical settings not likely to be injurious to the patient's condition. If the court finds that the patient's attendance at the hearing is not consistent with the best interests of the patient, and the patient's counsel does not object, the court may waive the presence of the patient from all or any portion of the hearing. The state attorney for the circuit in which the patient is located shall represent the state, rather than the petitioning facility administrator, as the real party in interest in the proceeding.
2. The court may appoint a general or special magistrate to preside at the hearing. One of the professionals who executed the involuntary inpatient placement certificate shall be a witness. The patient and the patient's guardian or representative shall be informed by the court of the right to an independent expert examination. If the patient cannot afford such an examination, the court shall provide for one. The independent expert's report shall be confidential and not discoverable, unless the expert is to be called as a witness for the patient at the hearing. The testimony in the hearing must be given under oath, and the proceedings must be recorded. The patient may refuse to testify at the hearing.
(b) If the court concludes that the patient meets the criteria for involuntary inpatient placement, it shall order that the patient be transferred to a treatment facility or, if the patient is at a treatment facility, that the patient be retained there or be treated at any other appropriate receiving or treatment facility, or that the patient receive services from a receiving or treatment facility, on an involuntary basis, for a period of up to 6 months. The order shall specify the nature and extent of the patient's mental illness. The facility shall discharge a patient any time the patient no longer meets the criteria for involuntary inpatient placement, unless the patient has transferred to voluntary status.
(c) If at any time prior to the conclusion of the hearing on involuntary inpatient placement it appears to the court that the person does not meet the criteria for involuntary inpatient placement under this section, but instead meets the criteria for involuntary outpatient placement, the court may order the person evaluated for involuntary outpatient placement pursuant to s. 394.4655. The petition and hearing procedures set forth in s. 394.4655 shall apply. If the person instead meets the criteria for involuntary assessment, protective custody, or involuntary admission pursuant to s. 397.675, then the court may order the person to be admitted for involuntary assessment for a period of 5 days pursuant to s. 397.6811. Thereafter, all proceedings shall be governed by chapter 397.
(d) At the hearing on involuntary inpatient placement, the court shall consider testimony and evidence regarding the patient's competence to consent to treatment. If the court finds that the patient is incompetent to consent to treatment, it shall appoint a guardian advocate as provided in s. 394.4598.
(e) The administrator of the receiving facility shall provide a copy of the court order and adequate documentation of a patient's mental illness to the administrator of a treatment facility whenever a patient is ordered for involuntary inpatient placement, whether by civil or criminal court. The documentation shall include any advance directives made by the patient, a psychiatric evaluation of the patient, and any evaluations of the patient performed by a clinical psychologist, a marriage and family therapist, a mental health counselor, or a clinical social worker. The administrator of a treatment facility may refuse admission to any patient directed to its facilities on an involuntary basis, whether by civil or criminal court order, who is not accompanied at the same time by adequate orders and documentation.
(7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT PLACEMENT.--
(a) Hearings on petitions for continued involuntary inpatient placement shall be administrative hearings and shall be conducted in accordance with the provisions of s. 120.57(1), except that any order entered by the administrative law judge shall be final and subject to judicial review in accordance with s. 120.68. Orders concerning patients committed after successfully pleading not guilty by reason of insanity shall be governed by the provisions of s. 916.15.
(b) If the patient continues to meet the criteria for involuntary inpatient placement, the administrator shall, prior to the expiration of the period during which the treatment facility is authorized to retain the patient, file a petition requesting authorization for continued involuntary inpatient placement. The request shall be accompanied by a statement from the patient's physician or clinical psychologist justifying the request, a brief description of the patient's treatment during the time he or she was involuntarily placed, and an individualized plan of continued treatment. Notice of the hearing shall be provided as set forth in s. 394.4599. If at the hearing the administrative law judge finds that attendance at the hearing is not consistent with the best interests of the patient, the administrative law judge may waive the presence of the patient from all or any portion of the hearing, unless the patient, through counsel, objects to the waiver of presence. The testimony in the hearing must be under oath, and the proceedings must be recorded.
(c) Unless the patient is otherwise represented or is ineligible, he or she shall be represented at the hearing on the petition for continued involuntary inpatient placement by the public defender of the circuit in which the facility is located.
(d) If at a hearing it is shown that the patient continues to meet the criteria for involuntary inpatient placement, the administrative law judge shall sign the order for continued involuntary inpatient placement for a period not to exceed 6 months. The same procedure shall be repeated prior to the expiration of each additional period the patient is retained.
(e) If continued involuntary inpatient placement is necessary for a patient admitted while serving a criminal sentence, but whose sentence is about to expire, or for a patient involuntarily placed while a minor but who is about to reach the age of 18, the administrator shall petition the administrative law judge for an order authorizing continued involuntary inpatient placement.
(f) If the patient has been previously found incompetent to consent to treatment, the administrative law judge shall consider testimony and evidence regarding the patient's competence. If the administrative law judge finds evidence that the patient is now competent to consent to treatment, the administrative law judge may issue a recommended order to the court that found the patient incompetent to consent to treatment that the patient's competence be restored and that any guardian advocate previously appointed be discharged.
(8) RETURN OF PATIENTS.--When a patient at a treatment facility leaves the facility without authorization, the administrator may authorize a search for the patient and the return of the patient to the facility. The administrator may request the assistance of a law enforcement agency in the search for and return of the patient.
ITA - who enforces the HIPPA laws ? If Cindy and George have Medical Powers of Attorney on each other (as DH and I do), could this be a loophole underwhich this info is being released by BC with the authorization of CA ?
In the "George's Suicide Note" thread here, I read that it was stated in his letter that he wasn't making much sense because he had taken a bunch of pills. And that there were empty, unlabeled pill bottles in the garbage in his hotel room. Do we know yet what pills he took? Did he take a possibly lethal amount or just a few?
Here's a link to the article where this info is stated.
The Baker Act was enacted to deal with just this situation - to thwart the attempts of families who wanted their family members warehoused in institutions for indefinite periods of time. At 72 hours, the facility must conduct an independent review of the case (it's usually done by the hospital administrator) to determine if further involuntary commitment is warranted. If it is, the hospital must put the case before a judge within 5 days and the judge will decide if the patient can be held.
Cindy and Conway have little, if any, input into the decision.
Since it seems that George will be staying, he must have voluntarily agreed to stay and the doctors must have decided he should stay. If George was not agreeable, we'd be hearing about an involuntary commitment proceeding in court.
there is just so much that bc keeps releasing on this whole thing....privacy between him and his clients....I don't know who would enforce HIPPA laws but I do know everybody abides by them...much more so with psych dx....I had power of atty for my mom---had all the legal paper work but still was very limitted at times as to what I could or couldn't do....
Im happy to hear GA is staying in the hospital, bless his heart, Its way too soon for him to be going home
sometimes there isn't an actual court...they just convene in a conference room....thats what they did with my mom...I had to do stmts and everything--(wasn't fun--but necessary nonetheless)
The Office for Civil Rights enforces the HIPAA Privacy Rule: http://www.hhs.gov/ocr/privacy/index.html
I know from watching frustrated friends and family try to get help for someone, that it's not easy to accomplish. I've seen some people that are way out there mentally and yet were not held past the 72 hours. And I've never personally seen someone, voluntarily stay past the 72 hours. So is GA extending his treatment voluntarily? Or is he in such bad shape he's being held by the docs? If it's the latter, how bad off is he? I've seen delusional people not held.
I've dealt with this as well with my sister. It's very hard to get help for people, especially if they don't want it. So I was wondering too if George is staying voluntarily. I hope so. That's would be a good sign.
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