What are the civil rights of individuals facing mental health commitments?
In Indiana, individuals facing mental health commitments are afforded certain civil rights under the law. The law states that all individuals have the right to be informed about the nature and purpose of their commitment and the consequences of failure to comply with the terms of their commitment. All individuals have the right to receive treatment and medical services that meet an accepted standard of care. In addition, individuals facing mental health commitments are due the right to be free from discrimination and have access to adequate supports and services in the community. Individuals also have the right to participate in their own treatment, to be free from unnecessary or punitive restraint or seclusion, access to visitors, and to receive notice from a court prior to any change in their treatment. It is also important to note that individuals have the right to review their records, to communicate privately with others, and to be informed of any changes in treatment, medications, or transfers. Finally, individuals have the right to request a hearing in order to challenge their commitment and raise any claims they may have regarding the treatment or conditions of their commitment. The hearing must be held before an impartial referee or judge, and individuals are allowed to be represented by an attorney. Individuals also have the right to receive notice of the hearing outcome.
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