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Sunday, September 4, 2011

Ethical Issues in Civil Commitment




Civil commitment is a judicial process where a person can be unwillingly detained, assessed and treated for a mental illness that has the possibility to put themselves or others at risk for harm.  According to (Maggio, 2010) a person must meet the following criteria to be considered for civil commitment:
 1. The person had a "mental illness" and was in need of treatment;
2. The person was a danger to them self or others; or
3. The person was unable to care for them self ("grave disability").
Civil commitment is usually used as a last resort option utilized by law enforcement, mental health professionals and family members (National center for state courts, 1986).  During the 1960s and 1970s, aggressive advocacy on behalf of mental patients' civil rights led to the widespread adoption of legal safeguards in involuntary civil commitment laws resembling the due process guarantees of the criminal justice model (National center for state courts, 1986). Among these were the threshold requirement that a person be dangerous before he or she may be committed, the right to notice, access to legal representation during all phases of the commitment proceedings, the right to a judicial hearing to challenge the initial commitment, determinate and relatively brief commitment periods, and the right to mandatory periodic reviews of continued involuntary commitment (National center for state courts, 1986). 
Even though civil commitment is an essential law to have and enforce in our society, it can have its pitfalls.  The homeless population is on that can be ill targeted by law enforcement in regards to civil commitment.  It is known that many homeless people do suffer from mental illnesses, being homeless is not diagnosable criteria and should not be considered when civil commitment is attempted to be enforced (Maggio, 2010).  Many believe that the needs of the many (e.g. society) should outweigh the needs of the few (e.g. mentally ill, homeless) and it has been argued that proponents are quick to justify their beliefs with biased opinions of homeless and/or mentally ill individuals displaying stronger tendencies toward violence (Maggio, 2010). Though this can be true in some cases, it is not necessarily a fact that all mentally ill individuals are violent (Maggio, 2010). 
Since civil commitment is a last resort option for treating the mentally ill, it should be noted that there are certain guidelines a clinician should consider before petitioning for a civil commitment.  The person should be unable to make decisions for themselves regarding physical and mental health treatment (Mental Health America, 2010).  The individual must be deemed incompetent according to state law; this is because in order to treat an individual for a mental illness informed consent must be obtained, if the person is deemed incompetent to give informed consent treatment can commence (Mental Health America, 2010).  The individual should present a clear and present (or near future) danger to him/herself and those around him, including family members and the local community (Mental Health America, 2010).  The treatment approach should leave the person with as much dignity as humanly possible to ensure that treatment efforts are effective.  Lastly the person should go through a legal process to ensure the above statements are true (Mental Health America, 2010).  With all the proper procedures followed civil commitment can be an effective process to help individuals that cannot help themselves. 

References

Aging and disability resource center. (2009). Civil commitment understanding the commitment process in brown county. Green Bay: The ADRC of Brown County.
Maggio, S. (2010, June 28). Civil commitment of the mentally ill. Retrieved October 26, 2010, from Suite 101: http://www.suite101.com/content/civil-commitment-of-the-mentally-ill-a255307
Mental Health America. (2010, March 10). Involuntary mental health treatment . Retrieved October 26, 2010, from position statements: http://nmha.org/go/position-statements/p-36
National center for state courts. (1986). Involuntary commitment. National center for state courts.

Major Depressive Disorder

Diagnosis
There are two diagnosis criteria in the DSM-IV-TR that clinicians refer to when assessing an individual for MDD.  The first set is for MDD single episode and the second is MDD recurrent.  This paper will be focusing on MDD, Recurrent.  To be considered for MDD a client must have had two or more separate Major Depressive Episodes (American Psychology Association, 2000).  To be considered separate episodes, there must be an interval of at least two consecutive months in which criteria are not met for a Major Depressive Episode (MDE) (American Psychology Association, 2000).  To meet criteria for MDE, a clinician would ensure that the client expresses symptoms of; depressed mood for most of the day, and every day, reduced interest in activities, increased or decreased appetite, insomnia or hypomania, feelings of restlessness, fatigue, and loss of energy, feelings of inappropriate guilt or worthlessness, recurrent thoughts of death or dying or suicidal thoughts and an inability to concentrate on a daily basis (American Psychology Association, 2000).  HIV is transferred from human to human through contact with blood, semen, vaginal fluids and breast milk.  Since HIV is a chronic infection that has a great deal of stigma attached to being positive an infected individual can fall into a depressive episode  soon after being informed of their status.  The need to deal with the connection between mental health issues and HIV is emphasized in a study of Tanzanian women, which found depression was associated with disease progression and death (Avert).  A similar relationship was found in the US, where a third of HIV-positive women were assessed as chronically depressed. Further, the AIDS-related mortality rate of those women with chronic HIV was around double that of women who had only little or no signs of depression (Avert). Although a cause-and-effect relationship between depression and mortality was not established it was believed that finding ways to reduce symptoms of depression could potentially prolong and improve the lives of women with HIV (Avert).  HIV-seropositive women without current substance abuse exhibited a significantly higher rate of major depressive disorder and more symptoms of depression and anxiety than did a group of HIV-seronegative women with similar demographic characteristics (Morrison M. F., 2002).
Prevalence
Major Depressive Disorder is the leading cause of disability in the U.S. for ages 15-44 affects approximately 14.8 million American adults, or about 6.7 percent of the U.S. population age 18 and older in a given year (National Institute of Mental Health, 2010).  While MDD can develop at any age, the median age at onset is 32 (National Institute of Mental Health, 2010).  Data shows that lifetime risk for MDD in community samples has varied from 10 to 25 percent for women and 5 to 12 percent for men (American Psychology Association, 2000).  There is no data that shows prevalence as it relates to ethnicity, income, marital status, or education (American Psychology Association, 2000).   The prevalence of MDD in HIV infection is significantly higher than that in the general population, with estimates of current MDD in the range of 10% and recent at approximately 36% compared with population prevalence’s of 5% and 7.6% (Patterson K., 2006).    
Causes
Depression is believed to be caused by events that occur in our lives, such as losing a loved one, chronic diseases, substance abuse, or experiencing a trauma (Wrong Diagnosis, 2010).  Current research, reviewed here, suggests that the gender difference in depression may result because women exhibit higher levels of depression associated with anxiety and somatic symptoms including fatigue and sleep and appetite disturbance (Silverstein, 1999). Depression not greatly associated with anxiety and a somatic symptom appears to occur with equal frequency among female and male subjects (Silverstein, 1999).  Evidence from neuroscience, genetics, and clinical investigation demonstrate that depression is a disorder of the brain (National Institute of Mental Health, 2001). Modern brain imaging technologies are revealing that in depression, neural circuits responsible for the regulation of moods, thinking, sleep, appetite, and behavior fail to function properly, and that critical neurotransmitters – chemicals used by nerve cells to communicate – are out of balance (National Institute of Mental Health, 2001).  The mental health facility’s clinician stated that the individuals that they see with MDD and HIV infection have such a long list of concerns other than HIV that they can’t even take the time out to deal with their infection.  A self-reported 70% of their clients have substance use issues, and little to no income.  Infected individuals face the prospect of social stigma, long-term physical discomfort and illness, and eventual death (Cielsa J. A., 2001).  Given this state of chronic stress for infected individuals, researchers have been naturally concerned about their psychological adjustment to living with this disease (Cielsa J. A., 2001).  Antiretroviral drugs used by infected individuals can also cause or exasperate depression.  Sustiva, Emtriva, Viread, and Atripla (which is a combination of the previous two) have documented cases of severe depression, strange thoughts, or angry behavior, some patients have thoughts of suicide and a few have actually committed suicide (Test positive aware network, 2010).         
Prognosis
HIV is presently incurable and once infected an individual will spend the rest of their life treating their infection.  If HIV goes untreated it can weaken the immune system to a point that it can no longer fight off infection and an opportunistic infection will often occur.  When this happens an infectious disease doctor will usually diagnose the individual with AIDS, the final stage of HIV infection.  While approximately 80 percent of people with depression respond very positively to treatment, a significant number of individuals remain treatment refractory (National Institute of Mental Health, 2001).  Even among treatment responders, many do not have complete or lasting improvement, and adverse side effects are common (National Institute of Mental Health, 2001).
Common Co-occurring Disorders
MDD occurs with many other disorders, as well as medical conditions.  Medical disorders may contribute biologically to depression (Mental Health America, 2010).  Medically ill people may become clinically depressed as a psychological reaction to the prognosis, the pain and/or incapacity caused by the illness or its treatment (Mental Health America, 2010).  There are also various medications and drug interactions that can lead to depression syndromes. Several alternative diagnoses, such as bipolar disorder (especially bipolar II disorder), delirium, dementia, thyroid disorders, fibromyalgia, CFS, PTSD, and others are also possible causes of depressive symptoms (Wrong Diagnosis, 2010). PTSD sufferers have some of the highest rates of depression with over 40 percent of diagnoses showing signs of MDD (National Institute of Mental Health, 2001). 
Differential Diagnosis Issues
Major Depressive Disorder is the most widely studied depressive disorder (Hersen, 2007).  To qualify for a MDD episode, wither depressed mood or lack of interest or pleasure in usual activities must be present, most of the day, nearly every day, and episode must last at least 2 weeks (Hersen, 2007).  With Dysthymia, because of its chronicity and its lack of responsiveness to existing treatments, some feel that dysthymia may more accurately be considered a personality disorder rather than an acute illness like MDD.  This opinion is widely contested however.  Helen’s symptoms in my opinion back up this theory and I think more research on the subject will make it clearer if this is true.  A history of manic, mixed, or hypomanic precludes the diagnosis of MDD (American Psychology Association, 2000).  These episodes indicate a diagnosis of Bipolar I or II disorders. 
Cultural Issues related to diagnosis or course of disorder
Women tend to have more depressive episodes when compared to men.  The differences in rates have been found repeatedly throughout many cultures and thus appear to be an accurate reflection of true differences in the prevalence of the disorder between men and women (Hersen, 2007).  Asian Americans have the lowest rates of depressive episodes.  Interestingly enough Hispanic who has migrated to the U.S has lower rates of depression, but Hispanics that were born here have the same prevalence rates as white Americans (Hersen, 2007).
Treatment Comparison
Interpersonal psychotherapy treatment approach is a short term that usually lasts about 20 hour long sessions (University of Michigan Depression Center, 2006).  Although depression may not be caused by interpersonal events, it usually has an interpersonal component, that is, it affects relationships and roles in those relationships (University of Michigan Depression Center, 2006). IPT was developed to address these interpersonal issues. The precise focus of the therapy targets interpersonal events (such as interpersonal disputes / conflicts, interpersonal role transitions, complicated grief that goes beyond the normal bereavement period) that seems to be most important in the onset and / or maintenance of the depression (University of Michigan Depression Center, 2006).  The typical course of Cognitive Behavioral Therapy for depression consists of three phases, the first phase of treatment focuses on symptom relief (Mor, 2009). The aim of this phase is to re-engage clients in their daily activity and to promote resumed functioning (Mor, 2009). The middle phase of treatment addresses cognitive change, in this phase clients learn to identify automatic thoughts, critically evaluate these thoughts and examine alternative modes of thinking (Mor, 2009). The final phase focuses on maintenance of treatment effects and on relapse prevention. In this phase, clients are encouraged to challenge their underlying negative schemas by engaging in behavioral experiments that test the veracity of the schemas as well as their adaptiveness (Mor, 2009). 
Observed Approach
Oasis Counseling Center utilizes the cognitive behavioral approach when treating someone with MDD.  Cognitive behavioral therapy (also considered to include cognitive psychotherapy) maintains that irrational beliefs and distorted attitudes toward the self, the environment, and the future perpetuate depressive affects (Karasu, 2000). The goal of cognitive behavioral therapy is to reduce depressive symptoms by challenging and reversing these beliefs and attitudes (Karasu, 2000).  The clinician meets with MDD clients on a weekly basis an hour at a time.  She assesses their current situation, the way they are dressed, their personal hygiene etc. are all noted.  The treatment plan developed on a person to person basis lasts for 6 months and is re-evaluated at that time. 

Chosen Treatment Plan
The chosen treatment approach is Interpersonal Psychotherapy.  Interpersonal therapy focuses on losses, role disputes and transitions, social isolation, deficits in social skills, and other interpersonal factors that may impact the development of depression (Karasu, 2000).  Interpersonal therapy attempts to intervene by facilitating mourning and promoting recognition of related affects, resolving role disputes and transitions, and overcoming deficits in social skills to permit the acquisition of social supports (Karasu, 2000).  During studies it was found that interpersonal therapy was reported to be more effective than placebo plus clinical management and comparable to cognitive behavioral therapy or imipramine plus clinical management (Karasu, 2000).  In one trial conducted among HIV-positive patients with major depressive disorder, significantly greater improvement was observed following interpersonal therapy than supportive therapy (Karasu, 2000). In a subsequent study among depressed HIV-positive 56 APA Practice Guidelines patients, greater improvements were observed after interpersonal therapy or interpersonal therapy plus imipramine than supportive psychotherapy or cognitive behavioral therapy (Karasu, 2000). 


Reference Page

American Psychology Association. (2000). Diagnostic and statistical manual of mental disorders (4th edition). Washington: American Psychiatric Association.
Avert. (n.d.). Living with HIV/AIDS: emotional needs and support. Retrieved October 17, 2010, from Averting HIV & AIDS: http://www.avert.org/emotional-needs-support.htm
Avert. (n.d.). The different stages of HIV infection. Retrieved October 18, 2010, from AVERTing HIV & AIDS: http://www.avert.org/stages-hiv-aids.htm
Cielsa J. A., r. J. (2001). Meta-analysis of the relationship between HIV infection and risk for depressive disorders. Am J Psychiatry, 725-730.
Karasu, B. G. (2000). Practive guideline for the treatment of patients with Major Depressive Disorder, 2nd edition. Phoenix: APA.
Mental Health America. (2010). Co-Occurring disorders and depression. Retrieved October 18, 2010, from Mental health America: http://www.nmha.org/index.cfm?objectid=C7DF94C1-1372-4D20-C8FE4E509C20471B
Mor, N. H. (2009). Cognitive behavioral therapy. Psychiatry Relations, 269-273.
Morrison M. F., P. J.-S. (2002). Depressive and anxiety disorders in women with HIV. Am J Psychiatry, 798-796.
National Institute of Mental Health. (2001, March 14). Depression research. Retrieved October 18, 2010, from Wrong Diagnosis: http://www.wrongdiagnosis.com/artic/depression_research_nimh.htm
National Institute of Mental Health. (2010, October 5). The Numbers Count: Mental Disorders in America. Retrieved October 15, 2010, from National Institute of Mental Health: http://www.nimh.nih.gov/health/publications/the-numbers-count-mental-disorders-in-america/index.shtml
Patterson K., C. Y. (2006). Screening for major depression in persons with HIV infection: the concurrent predictive validity of the profile of mood states depression-dejection scale. Methods in Psychiatric Research, 75-82.
Silverstein, B. (1999). Gender difference in the prevalence of clinical depression: the role played by depression associated with somatic symptoms. Psychiatry, 480-482.
Test positive aware network. (2010, March/April). The 14th annual HIV drug guide. Positively aware, pp. 3-67.
University of Michigan Depression Center. (2006, February 6). interpersonal psychotherapy for depression. Retrieved October 18, 2010, from About Depression: http://med.umich.edu/depression/ipt.htm
Wrong Diagnosis. (2010). Misdiagnosis of depression. Retrieved October 18, 2010, from Wrong Daignosis: http://www.wrongdiagnosis.com/d/depression/misdiag.htm
Wrong Diagnosis. (2010). Wrong diagnosis. Retrieved October 15, 2010, from Causes of depression: http://www.wrongdiagnosis.com/d/depression/causes.htm



HIV and Mental Health





HIV/AIDS
Mental health professionals encounter special populations on a regular basis in the community.  This does not change when that professional is a forensic psychologist.  A population that is regularly encountered in correctional settings is HIV positive individuals.  Some come in with knowledge of their serostatus, while others test positive during the initial intake process.  This can be a very challenging time during the individuals’ life, facing their own mortality and realizing that their past behaviors have lead them to this diagnosis.  The role of the forensic psychologist includes helping the individual come to terms with their status and to face their own mortality head on.  They can also help them prepare for death if they are in the final stage (AIDS) and have been moved to hospice style care.  They also help with issues of stigma that commonly occurs when people discover their HIV status.  Stigma usually comes in one of three forms according to Hanser and Mire (2011) a common reaction when someone discovers they are HIV positive is fear and apprehension, there is symbolic stigma that occurs when people’s perceptions of how they became infected comes into play, and lastly there is courtesy related stigma which is faced by loved ones, friends and other associates that help or befriend the infected individual.     
Ethical issues when serving the HIV positive community can be quite challenging and special care should be taken when treating these individuals.  Since HIV is often associated with the LGBT (lesbian, gay, bisexual, transgender) community and social issues can come into play.  Other social issues that arise are civil liberties, public health concerns, confidentiality, autonomy, discrimination, and conflict of interest.  These have to be handled with great care and addressed immediately if any arise.  With correctional settings being such closed environments if the word gets out that someone is infected it can spread like wildfire and the infected individual will face stigma and discrimination from not only the other inmates but possibly the staff as well. 
Existential Therapy (ET) is often used with HIV infected individuals.  This approach is philosophical based that is done in three phases.  The first phase the offender will be taught to take a look at how their actions have shaped their lives and to take a very close look at their own immortality (Hanser, 2011).  The second phase the offender closely examines the source and authority of their present value system and the last is the professional teaching them how to put what they have learned into action (Hanser, 2011).  The therapist will conduct some grief counseling and will go help them through the five stages of grief.  

References 
Hanser R. D., Mire S. M. (2011) Correctional Counseling.  Pearson Education, Upper Saddle River, New York