Mental Health Access to Justice Program
The Judicial Branch created the Mental Health Access to Justice Program in order to provide access to justice for groups in conditions of vulnerability, including people with mental health disorders, such those related to abuse, dependence, and substance-induced disorders (due to drugs or alcohol). This program helps develop, implement, coordinate, and give continuity to projects that help guarantee the rights and access to physical and mental health services, while serving as emotional and social support for those who suffer —or are suspected of suffering— from mental health conditions so they may achieve the healthiest state possible. It also integrates the support networks of participants during their recovery process. Likewise, it provides judges with support structures, integrating other tools and components to achieve this goal.
Program initiatives include the creation of the Mental Health Project (PAAS, by its Spanish acronym), to serve those involved in proceedings under Law No. 408 of 2000, known as the “Mental Health Code of Puerto Rico,” as amended.
Mental Health Project
The Mental Health Project, better known as the Mental Health Courts, offers intensive follow-up for people with mental health disorders —including alcohol and drug use disorders— who require the court’s involvement to help them see through the process, commit to their recovery and follow the treatment recommended by behavioral health professionals.
What are the Mental Health Courts?
At the Mental Health Courts:
- A specialized court calendar is established to schedule follow-up hearings for cases of involuntary admission, status changes from voluntary to involuntary, and compulsory treatments under the Mental Health Code.
- The due process of law and participant’s access to services are guaranteed.
- A judge with special knowledge of the Mental Health Code is appointed to continuously monitor these cases and the participants.
- Judicial support is provided through a coordinator specialized in mental health issues who collaborates with personnel from other entities, agencies, and service providers to channel services to the population served.
- Partnerships are established with entities that provide free legal services to promote the legal representation of participants.
- Best practices are applied to adequately address situations concerning individuals with mental health disorders who do not want to receive help and to provide guidance to their family or other persons concerned in a comprehensive and coordinated manner.
- Underlying situations that may affect the participant’s recovery are identified and handled.
- The revolving door of involuntary hospitalizations is reduced by seeking to engage the participant in their treatment process.
- Confidentiality is protected by creating waiting areas to provide individualized attention to each person when their case is discussed before the judge.
- Court staff, governmental and non-governmental liaisons, and service providers are trained on clinical and procedural aspects of the Mental Health Code.
What are the benefits of the Mental Health Courts?
The Mental Health Project focuses its attention on the individual for whom the involuntary remedy is requested and on their family. Although it is a civil procedure, the court adopts a therapeutic justice approach and breaks away from the traditional adjudication scheme to ensure that the judge presiding over the proceedings exercises leadership and makes decisions with sensitivity and a full understanding of the treatment and recovery process. This encourages a closer interaction with each participant, which helps them better assume their responsibility in their rehabilitation or recovery process. In practice, the court operates through intensive judicial follow-up and monitoring to ensure that the person subject to the remedies of the Mental Health Code follows their treatment and achieves rehabilitation expediently. Also, the project seeks that mental health service providers offer uninterrupted, efficient, and timely treatment at the recommended level of care.
Who are the components of the Mental Health Courts?
- Judge: conducts follow-up hearings to provide intensive monitoring of those who, under the Mental Health Code, are involuntarily hospitalized or who require that the court issue a compulsory order to follow treatment.
- Coordinator: offers support to identify needs and channel services.
- Marshals: ensures the safety of those who have been summoned to follow-up hearings and addresses any emergency or risk situation.
- Liaisons for government or private entities and other mental health service providers: they attend courtroom hearings on business days or remain available remotely to effectively channel and coordinate necessary services.
Those who are submitted to involuntary proceedings under the Mental Health Code are entitled to legal counsel during the proceedings. If the person does not have the resources to pay for private legal representation, they will be referred to entities that offer legal services to low-income individuals so they can determine whether the person is eligible to receive their services. If the person is not eligible, the judge may be asked to assign a court-appointed attorney.
Where are the Mental Health Courts located?
Other judicial regions have the essential elements of these specialized courts, which allows them to provide specialized attention to cases under the Mental Health Code while the implementation of the Mental Health Court is in the works.
Important
The legal remedies that may be requested under Law No. 408 of 2000, known as the “Mental Health Code of Puerto Rico,” can be heard in any part of the Court of First Instance. You may request legal remedies under the Mental Health Code at the municipal court closest to the person for whom the order or remedy is requested, Monday through Friday, from 8:30 a.m. to 5:00 p.m. After business hours, you may go to any Investigation Division (Municipal Court) with extended hours or to the nearest police station, where they will contact an on-call judge.
In addition, you may request an order under the Mental Health Code through the Virtual Municipal Court. If you choose this alternative, you must fill out the proper forms and send them by email to presentaciones@poderjudicial.pr. Judicial Branch staff will then contact you to hear the matter via videoconference. This mechanism is available Monday through Sunday, from 1:00 a.m. to 10:00 p.m.
For More Information
For information on the Access to Justice Program for People with Mental Health Conditions, you call the Office of Court Administration, Directorate of Judicial Programs, at (787) 641-6600, extensions 5703 and 5710.