what is an aot attorney

What are AOT laws and how do they work?

Assisted Outpatient Treatment (AOT) is the practice of providing community-based mental health treatment under civil court commitment, as a means of: (1) motivating an adult with mental illness who struggles with voluntary treatment adherence to engage fully with their treatment plan; and (2) focusing the attention of treatment providers on the need to work diligently to keep the …

What does AOT stand for?

Assisted Outpatient Treatment (AOT) has many advantages over existing law. It allows individuals to be ordered into treatment without ordering them into a hospital. The criteria to place someone in assisted outpatient treatment are easier to meet than the “imminent dangerousness” standard often required for inpatient commitment.

What is assisted outpatient treatment (AOT)?

Understanding AOT. New York State has engaged legislation that provides for court-ordered assisted outpatient treatment (AOT) for certain people with mental illness who, in view of their treatment history, are unlikely to survive safely in the community without supervision. The following questions and answers will help explain this new ...

Who can file an AOT [petition]?

Feb 08, 2022 · Assisted Outpatient Treatment (AOT) is the practice of providing community-based mental health treatment under civil court commitment, as a means of: (1) motivating an adult with mental illness who struggles with voluntary treatment adherence to engage fully with their treatment plan; and (2) focusing the attention of ….

What does an AOT do?

Assisted Outpatient Treatment (AOT) is the practice of providing community-based mental health treatment under civil court commitment, as a means of: (1) motivating an adult with mental illness who struggles with voluntary treatment adherence to engage fully with their treatment plan; and (2) focusing the attention of ...

What does AOT status mean?

SUMMARY: Forty-seven states permit the use of assisted outpatient treatment (AOT), also called outpatient commitment. AOT is court-ordered treatment (including medication) for individuals who have a history of medication noncompliance, as a condition of their remaining in the community.

What is an AOT law?

Assisted outpatient treatment (AOT), also known as outpatient commitment (OPC), is a civil legal procedure whereby a judge can order an individual with a serious mental illness to follow a court-ordered treatment plan in the community.

Who qualifies for AOT?

+ WHO REQUESTS AOT To request an AOT investigation, the referring party must be: Anyone 18 or older with whom the person is living. A parent, spouse or child of the person who is 18 or older. The director of any agency providing mental health services to the person.

What is AOT based on?

Isayama later would confirm that Attack on Titan was inspired in part by Muv-Luv Alternative, the second visual novel in the Muv-Luv visual novel series. Isayama estimated his basic monthly timeline as one week to storyboard and three weeks to actually draw the chapter.

What is the difference between AOT and act?

Thus, for any jurisdiction with the good fortune to have one or more ACT teams in place, AOT should be thought of as nothing more than “ACT plus a court order” for those deemed more likely to cooperate with their ACT team if court-ordered to do so.

What is AOT psychiatry?

“Kendra's Law” (§9.60 of the Mental Hygiene Law) mandates mental health services for a small number of individuals who have difficulty engaging in rehabilitation and can pose a risk to themselves or others in the community.

How many states have AOT laws?

AOT in some form is authorized by statute in 47 states and the District of Columbia but is unevenly practiced and not available everywhere it is allowed. (In 2019, the states without AOT statutes were Connecticut, Maryland and Massachusetts).Jan 4, 2020

Can you be involuntarily committed in NJ?

Involuntary commitment can be in a hospital, at a short-term care facility, a psychiatric facility or a special psychiatric hospital. It is important to understand that Involuntary Commitments must be reviewed, and approved, by a Superior Court Judge sitting in each county.

How do you involuntarily commit someone in NY?

Involuntary Commitmenttwo physicians agree and present certifications that the person has a mental illness for which care and treatment in a mental hospital is essential to his or her welfare,the person's judgment is too impaired for him or her to understand the need for such care and treatment, or,More items...•Oct 5, 2015

What is Laura's law in California?

Laura's Law is California's state law that provides community-based, assisted outpatient treatment (AOT) to a small population of individuals who meet strict legal criteria and who – as a result of their mental illness – are unable to voluntarily access community mental health services.

How do I get a mental health warrant in NYC?

In New York, anyone can file a petition about someone else. You do not need a lawyer to file a petition. After a petition is filed, a judge will determine whether the person of concern is experiencing mental illness and engaging in disorderly conduct or conduct likely to result in serious harm to themselves or others.

What is AOT law?

AOT Laws allow courts to order certain individuals with brain disorders to comply with treatment while living in the community. It also—very importantly– allows the courts to commit the mental health system to providing the treatment. This court-ordered treatment is called assisted outpatient treatment. Assisted outpatient treatment is ...

What is the need for AOT?

Statement of need for AOT: Some people, as a result of mental illness, have great difficulty taking responsibility for their own care, and often reject outpatient treatment offered to them on a voluntary basis. These individuals often commit suicide; become homeless; end up in jail; or, on rare occasions, are involved in acts of violence. Family members and caregivers often must stand by helplessly and watch their loved ones and patients decompensate to actual “dangerousness” before they are allowed to facilitate treatment.

What is assisted outpatient treatment?

Assisted outpatient treatment is meant to help patients, not punish them. 43 states have some form of AOT but few implement it as widely as it should be. Assisted Outpatient Treatment (AOT) is not an alternative to voluntary treatment. It is a way to get services to those who refuse voluntary treatment.

What is AOT in medical terms?

Assisted Outpatient Treatment (AOT) has many advantages over existing law. It allows individuals to be ordered into treatment without ordering them into a hospital.

What is homicidal risk?

a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm; and. be likely to benefit from assisted outpatient treatment.

What is material change?

A material change is the addition or deletion of a category of assisted outpatient treatment or any deviation, without the patient’s consent, from an existing order relating to the administration of medicines. An assisted outpatient treatment program does not need court approval to institute non-material changes.

What is free legal representation?

free legal representation. present evidence, call witnesses and cross-examine adverse witnesses; move the court to stay, vacate or modify the assisted outpatient treatment order at any time. not be deemed legally incapacitated solely on the determination that he or she is in need of assisted outpatient treatment.

What is AOT in New York?

New York State has engaged legislation that provides for court-ordered assisted outpatient treatment (AOT) for certain people with mental illness who, in view of their treatment history, are unlikely to survive safely in the community without supervision.

Who is the court order directed to?

The court order is directed to both the person receiving AOT and the local director of the AOT program. The order will require the person to accept the treatment deemed necessary by the court, and will require the local director to furnish such treatment.

What is considered involuntary admission?

Any refusal of the person to take prescribed medication, or the failure of a test to determine either medication compliance or alcohol or drug use, may be considered by the physician in reaching the clinical determination regarding involuntary admission.

How long do you have to stay in a hospital for involuntary admission?

If a physician determines that the person may need involuntary admission to a hospital, the physician may recommend that the person be transported to a hospital and retained for up to 72 hours to determine if inpatient care and treatment are necessary.

What is AOT in medical terms?

AOT is: the least restrictive appropriate alternative; and. needed to prevent a relapse or deterioration likely to result in serious harm to self or others; g. The person is likely to benefit from AOT; h. AOT is in the person’s best interests; i. The court has approved a plan of treatment developed for the person.

What is AOT in Albuquerque?

Enacted in 2016, the Assisted Outpatient Treatment Act, § 43-1B-1 et seq., provides for a municipality to enter into a memorandum of understanding with its local district court to establish an AOT program which provides, under specific circumstances, for involuntary court-ordered admission to a program of community-based behavioral health services. In 2017, the City of Albuquerque, with the support of an advisory team, began the planning process to implement an AOT program. Thereafter, the City of Albuquerque was awarded a multi-year grant in October 2018 from the Substance Abuse and Mental Health Services Administration (SAMHSA).

How long can an AOT be renewed?

If agreed upon by the court, the order for AOT may be renewed for another year.

What is a qualified professional?

A “qualified professional” means a physician, licensed psychologist, prescribing psychologist, certified nurse practitioner or clinical nurse specialist with a specialty in mental health, or a physician assistant with a specialty in mental health. § 43-1B-2 (O).

Is AOT evidence based?

AOT is recognized as an evidence-based practice by the National Institute of Justice, Office of Justice Programs; the Substance Abuse and Mental Health Services Administration (SAMHSA); and the Agency for Healthcare Research and Quality (AHRQ).

When is the extension for the MHLS?

Per the Governor’s Executive Order 202.8, dated March 7, 2020, as extended to October 23rd, 2020 by Executive Order 202.65, and the additional Administrative Order of the Chief Administrative Judge dated March 22, 2020, the time period within which petitions must befiled is extended to April 19, 2020, and then runs from that date forward. There may be an opportunity for the county attorney, MHLS and judges in localities where problems areoccurring to agree to alternative procedures and timeframes.

Can you sign an affidavit electronically?

Courts can allow electronic signatures. However, you must check with the Supreme Court in your county and verify whether they will accept affidavits and petitions with electronic signatures. You can also ask whether they will accept the entire petition to be filed electronically.

Can you video testify in court?

There is nothing in statute that prohibits video testimony. However, the facility, the county, and the court must be in agreement and must have the technology to allow the video testimony to be done remotely and securely.