Law on the Accommodation and Care of the Mentally Ill
| Basic data | |
|---|---|
| Title: | Law on the Accommodation and Care of the Mentally Ill |
| Short title: | Accommodation Act |
| Abbreviation: | UnterbrG |
| Type: | State Law |
| Scope: | Bavaria |
| Legal matter: | Care law |
| Original version from: | April 20, 1982 ( GVBl. P. 202) |
| Entry into force on: | July 1, 1982 |
| Last revision from: | April 5, 1992 (GVBl 1992, 60) |
| Last change by: |
Art. 53a Bavarian Measures Act of July 17, 2015 (GVBl p. 222) |
| Effective date of the last change: |
November 1, 2015 |
| Expiry: | January 1, 2019 (Art. 39 Paragraph 2 No. 1 BayPsychKHG) |
| Weblink: | Text of the law (PDF) |
| Please note the note on the applicable legal version. | |
The law on the placement of mentally ill people and their care was a Bavarian state law that, since July 1, 1982, has regulated the public-law placement of mentally ill people in the event of harm to themselves or to others. The previous regulation was the law on the custody of insane, mentally ill, drug or alcohol addicted persons (custody act) of April 30, 1952, supplemented by a notice on the implementation of the custody act of September 18, 1952.
The placement of mentally ill or mentally disturbed people to protect public safety and order in a psychiatric hospital in accordance with Art. 1 Para. 1 BayUnterbrG was a state task that was performed by the district offices (among other bodies primarily responsible) as state authorities and not as district authorities (Art. 37 para. 1 BayLKrO ). In terms of its regulatory structure and its terminology ( public safety and order ), it was based on a police law approach, not the psychiatric offers of help for the accommodated people.
The UnterbrG was replaced on January 1, 2019 by the Bavarian Mental Health Assistance Act , which was intended to strengthen psychiatric, psychotherapeutic, psychosomatic and psychosocial care for people in need of psychological assistance and thereby avoid accommodation and coercive measures. The purpose of the placement is still to treat the person concerned and to avert danger .
literature
- Walter Zimmermann : Bavarian Accommodation Act: Practice Comment. Richard Boorberg Verlag , 2nd edition 2005. ISBN 978-3415033863
Individual evidence
- ↑ GVBl. P. 163
- ↑ GVBl. P. 268
- ^ BGH, judgment of November 22, 2012 - III ZR 150/12
- ↑ cf. Starnberg District Office : Legal requirements for accommodation. Bavarian Law on the Accommodation and Care of Mentally Ill People (BayUnterbrG) (no year)
- ↑ Rolf Marschner: Bayerisches PsychKHG - First experiences with the implementation 2019, p. 4
- ↑ Bavarian State Ministry for Health and Care , Bavarian State Ministry for Family, Labor and Social Affairs : The draft law of a Bavarian Mental Health Help Act (BayPsychKHG). Information and facts without a year, p. 3
