Bavarian Mental Health Aid Act

from Wikipedia, the free encyclopedia
Basic data
Title: Bavarian Mental Health Aid Act
Abbreviation: BayPsychKHG
Type: State Law
Scope: Bavaria
Legal matter: Care law
References : GVBl. P. 583
Issued on: July 24, 2018
Entry into force on: Part 1: August 1, 2018,
Part 2 mainly as of January 1, 2019 (Art. 39 BayPsychKHG)
Weblink: Text of the law
Please note the note on the applicable legal version.

The Bavarian Mental Health Assistance Act is a Bavarian state law that regulates the requirements and the structure of public law accommodation for mentally ill people and the use of coercive measures. Part 1 came into force on August 1, 2018, Part 2 came into force on January 1, 2019. It replaced the law on the placement of mentally ill people and their care from 1982.

Reason for the new regulation

The high number of judicial placements of mentally ill people in Bavaria, the human rights model of the UN Disability Rights Convention and the case law of the Federal Constitutional Court on the self-determination of mentally ill people, on compulsory treatment , the legal structure of which must be based on the level of protection for people placed under civil law and in the penal system and on The transfer of sovereign powers ( lending ) within the framework of public law housing was not adequately taken into account in the Housing Act of 1992.

An amendment to the law was introduced by the Söder cabinet in 2018 and was intended to focus on reducing the number of compulsory admissions through the nationwide introduction of outpatient psychiatric crisis services and to re-regulate public-law placement in accordance with the constitution.

content

The BayPsychKHG contains in part 1 the regulations for strengthening psychiatric care (Art. 1-4), in Part 2 the new regulations on public law placement (Art. 5-37) and in Part 3 the final provisions (Art. 38-39 ).

According to Article 29 of the Accommodation Act, the basic rights to physical integrity and freedom of the person , the inviolability of the confidentiality of letters , freedom of movement and the inviolability of the home could be restricted. Art. 38 BayPsychKHG also provides for the limitation of the general personal rights , of parental rights and the privacy of correspondence, post and telecommunications secrecy before.

Accommodation requirements

The BayPsychKHG applies for mentally ill persons for whom no care exists and sufficient power of attorney and not as suspects in a criminal investigation or due to a criminal conviction in a psychiatric hospital or rehabilitation center ( forensic be accommodated).

The public-law placement requires that a person due to a mental disorder, in particular illness, puts himself, the legal interests of others or the general welfare at considerable risk ( self-harm or harm to others ), significantly impairs his ability to see and control and the risk is not caused by the The involvement of an outpatient crisis service must be averted (Art. 5 BayPsychKHG).

Procedure

Immediate temporary placement ( compulsory placement ) can be ordered and carried out by the district administrative authority ( Ordnungsamt ), in urgent cases the police or the head of a facility in which the person concerned is already located (Art. 11-13 BayPsychKHG). It must be communicated to the local court responsible for accommodation matters ( Supervision Court ) no later than twelve o'clock on the day following the order ( Section 23a , Section 23c GVG , Section 312 No. 4 FamFG , Art. 14 BayPsychKHG), as well as the district administrative authority, if this is the did not arrange immediate temporary accommodation himself.

If, after a medical assessment ( health department ), the district administrative authority considers the placement requirements to be met, it applies to the court for placement (Art. 15 Para. 3 BayPsychKHG). The court may determine the length of the placement.

criticism

Contrary to the announcement by the legislature that the law will contribute to destigmatizing mentally ill people, their stigmatization will be increased. The particularly controversial Art. 35 BayPsychKHG in the version of the first draft provided for the keeping of an accommodation file, whose personalized data, including the investigative findings collected, was used to prevent or prosecute criminal offenses and to avert danger to the life, health or freedom of a person or for significant property could also be passed on to the police (Art. 35 Para. 2 No. 6 BayPsychKHG-E). A corresponding regulation will come into force on January 1, 2021 for Bavarian measures to be enforced (Art. 38b, Paragraph 1, No. 22, 39, Paragraph 1, Clause 1, No. 2 BayPsychKHG, Art. 34a of the Bavarian Measures Execution Act, new version, introduction of a measures execution file). The placement of a patient no longer serves the therapeutic goal of leading a self-determined life, but rather, as with criminal offenders, solely to avert danger. According to the reasons for the draft law, this regulation should introduce access rights for the judiciary, the police and the district administrative authorities. In particular, the police station in whose area of ​​responsibility the need for placement arose should be notified of the imminent discharge and the information required for a risk assessment should also be provided (Art. 27 (4) BayPsychKHG-E). The Bavarian Police Task Act would then have made it possible to monitor these people.

In the second, revised draft law, Art. 33 BayPsychKHG only provides for an anonymised register of residents in which all placements, forced treatment and forced restraints are recorded in encrypted and anonymised form by the providers of the facility and reported to the technical supervisory authority ( Bavarian Family and Social Center , Article 10 BayPsychKHG) are reported annually. Those cases in which the judicial detention was solely due to self-endangerment were excluded from the notification of a discharge. However, the transmission of a risk assessment to the responsible district administrative authority and the police was maintained (Art. 27 Para. 4 Sentence 2 BayPsychKHG). In addition, the legal guardians or the youth welfare office are informed when minors are released (Art. 27 Par. 5 BayPsychKHG).

This second draft was adopted on July 11, 2018 by the Bavarian State Parliament with the votes of the CSU , SPD and FREE VOTERS . BÜNDNIS 90 / DIE GRÜNEN rejected the draft.

See also

Web links

Individual evidence

  1. ↑ cf. Accommodation in Bavaria - Numbers, causes and consequences Written request from the MP Florian Streibl FREIE VÄHLER of December 23, 2013, Bavarian State Parliament 17/657 of March 14, 2014 (PDF)
  2. ↑ BVerfG, decision of March 23, 2011 - 2 BvR 882/09
  3. ↑ BVerfG, decision of October 12, 2011 - 2 BvR 633/11
  4. ↑ BVerfG, decision of February 20, 2013 - 2 BvR 228/12
  5. ↑ Bavaria runs a 24-hour crisis service for the mentally ill, a Ärzteblatt , January 23, 2018
  6. ^ Sven Loerzer: Psychiatrischer Krisendienst: "Whoever dials the number has already won" Süddeutsche Zeitung , April 16, 2018
  7. ↑ Monika Dollinger: Mental Emergency: Contact Points for Mental Crises ( Memento from January 13, 2019 in the Internet Archive ) Bayerischer Rundfunk , June 12, 2018
  8. ↑ cf. Definitions Website of the district of Upper Bavaria , accessed on November 10, 2018
  9. ↑ Accommodation of mentally ill people District Office Munich , March 1, 2018
  10. ↑ Placement proceedings website of the Munich District Court, accessed on November 10, 2018
  11. ↑ bill the Bavarian state government Bavarian Mentally-ill Aid Act (BayPsychKHG) Bavarian Parliament, Drs. 17/21573 of 10 April 2018 p.1
  12. ^ Psychiatry Act in Bavaria: Mentally Ill as a Danger? Doctors' newspaper , April 18, 2018
  13. ↑ Draft law of the Bavarian State Government Bavarian Mental Health Assistance Act (BayPsychKHG) as of January 15, 2018, p. 83
  14. ↑ cf. the cross-party amendments of the Bavarian State Parliament, Drs. 17/22398 of 6 June 2018
  15. ↑ State Parliament passes Bavarian Mental Health Assistance Act Website of the Bavarian State Parliament, July 11, 2018