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Postion Statement 62: Mental Health America's Role in Litigation

Policy Position and Call for Action

Litigation has played an important role in the recognition, expansion, and enforcement of rights of people with mental illness.  Mental health associations across the country have been involved in many such efforts.  While Mental Health America and most affiliates lack the means to initiate litigation, Mental Health America recognizes the importance of employing litigation as a vehicle to pursue social justice and urges affiliates to join with advocacy organizations like the Bazelon Center for Mental Health Law and the mental health protection and advocacy centers in supporting mental health law reform efforts.  Mental Health America will support amicus curiae briefs pursuant to the process set forth in the policy statement.

Background

Mental Health America is committed to protection of the rights of children and adults with mental disorders.  Unfortunately, many of the policies designed to ensure essential human rights fail because of lack of enforcement.  As a result, consumers, families, and advocates have increasingly had to turn to the courts for justice when other avenues have been tried and failed.  While litigation can be expensive and time- consuming, it can be a very effective tool.  Thus, while recognizing the varying capacities of affiliates to employ this tool, Mental Health America supports the use of litigation as an appropriate vehicle to promote and safeguard rights.

  1. As resources and internal expertise allow, Mental Health America staff will review, or have an appropriate volunteer review, and "sign-on”, or contribute, to amicus curiae briefs when significant mental health issues are litigated.  The Chair of the Mental Health America board will make the final decision of whether or not to sign on to a brief, after getting the advice of the reviewer and, if time allows, the Vice Chair for Policy. The standard for approval shall be consistency with Mental Health America policies.

  2. Affiliates are asked to notify Mental Health America about their activities related to state or federal litigation to facilitate communication between affiliates and the provision of technical assistance.

  3. Mental Health America staff will provide position statements, research and technical support for state and federal litigation efforts undertaken by affiliates.  This assistance will include linking the affiliate with other contacts that have direct experience in the topic area.

  4. Mental Health America staff will facilitate broad consultative relationships with available legal resources.

  5. Mental Health America staff will provide basic information to mental health coalitions on using litigation as a healthcare reform tool.

Effective Period

This policy was approved by the Mental Health America Board of Directors on March 11, 2006.  It will remain in effect for five (5) years and is reviewed as required by the Mental Health America Public Policy Committee.

Expiration:        March 11, 2011

Page last updated: 09/20/2007