Health Department Biweekly Reports Folder 0066, 2000-2001

NYC 9/11 Public Portal Document

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December 8, 2000

TO: Honorable Rudolph W. Giuliani Mayor

FROM: Neal L. Cohen, M.D. Commissioner

SUBJECT: Bi-Weekly Report

I. ON-GOING ISSUES

1. ASSISTED OUTPATIENT TREATMENT (AOT) UPDATE heard On November 30, 2000, Justice LaTorellaof Queens County Supreme Court Kendra's Law? The first arguments in theeecond-cas`e on the constitutionality of constitutional casewas successfully defended by the City in September. The new 11/24 is case was expanded to include two issues. The first, as discussed here on the whether AOT provisions authorizing removal to a hospital for evaluation violate Amendment to the search and seizure requirements for a warrant under the Fourth violates United States Constitution. The second is whether court-ordered treatment an individual the New York State and United State Constitutions absent a finding that lacks capacity to make his or her own treatment decisions. the Lawyers for Mental Hygiene Legal Services were joined by amidi including Bazelon Center, New York Lawyers for the Public Interest, the New York Civil Counsel Liberties Union and others. The City, which was represented by Corporation Mental was joined by the Attorney General's Office representing the State Office of Health and the National Advocates for the Mentally III (NAMI), as amicus. Justice LaTorella indicated that a decision would be forthcoming on December 18, 2000.

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