LTC DMH Background check question..

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Hi -
Looking for someone who may have an answer or experience with this issue.

I have a clean record, not a criminal, young female. Long story short, drank too much one night, cried to a friend about “hating my life” which turned into a wellness check when I fell asleep and didn’t answer my phone. As you can guess this turned into a transport to the ER since I was pretty heavily intoxicated for my size and then I was transported to McLean Hospital.
The whole process sucked and they claimed I had a bad attitude about the experience. Kicking myself now because if I had just shut up they probably would have let me go, but I was panicked / alone at 21 years old and had no clue of my rights or what to do, feared they’d keep me there for no reason so I signed a 72 hr agreement meaning I didn’t agree to stay for longer than this.

I was released after the 3 days with no further instructions, paperwork etc. or what it meant for the future. Ironically all I got was a yearly Christmas card from McLean.

I am really upset and worried that this will prohibit me from receiving my LTC as it constitutes an “involuntary confinement at a mental institution.”

Do I have any chance at it not being an issue? Do private institutions always show up in DMH background check? If I am rejected, do I have any shot at appealing? (This was in 2019)
 
I think most will tell you to lawyer up with a good 2A specialist before applying. How did it come that you went from ER to McLean? I would think that might confirm what status as involuntary or not, but again, seek some legit advise before doing anything.
 
It will probably show up.

And at that point if you exclude the information on the application you will need to answer you were denied a LTC for every future application for life.

If you are still interested contact an attorney and have them research it and write the application for you

In 2014, Massachusetts also enacted a law significantly improving the state’s reporting of mental health information to NICS. The law requires courts to transmit certain mental health records, such as records of involuntary commitments and the appointment of a guardian or conservator, to the state Department of Criminal Justice Information Services for inclusion in NICS.5
The Department of Mental Health must keep records of the admission, treatment, and periodic review of all persons admitted to facilities under its supervision.6However, the records of the Department of Mental Health are “private and not open to public inspection” except for certain specified purposes.”7 The 2014 law allows the use of such information for the purposes of conducting background checks.8
In addition, the 2014 law requires the Department of Mental Health to transmit to the Department of Criminal Justice Information Services, within 180 days of the effective date of the law, identifying information about anyone known to the Department of Mental Health to have been, within the preceding 20 years, committed to facilities for mental illness or substance/alcohol abuse; or determined by a adjudicative body to “pose a serious risk of harm” as defined by the law.
9


And.


Is or has been committed to a hospital or institution for mental illness, alcohol or substance abuse, unless after 5 years from the date of the confinement, the applicant submits with the application an affidavit of a licensed physician or clinical psychologist attesting that the applicant is not disabled by a mental illness in a manner that shall prevent the applicant from possessing a firearm, rifle, or shotgun;

Is or has been committed by a court order to a hospital or institution for mental illness; or
 
If you signed an agreement for a 72 hour stay and did not stay after that, then it seems to me that it was voluntary, as you agreed by signing it. Involuntary would have meant you were held against your will, i.e. committed by court order or such like.
^^^ This is key as far as statutory goes.

However, many chiefs/LOs are demanding a letter from an MD based on these S. 12 3-day evaluations in spite of the law. They may also invoke that "5 year" part of the law even though legally it is not applicable. Sadly they can use "suitability" against an applicant.

Wisdom says get a 2A attorney involved now and you will likely get your LTC. Good luck.
 
I think most will tell you to lawyer up with a good 2A specialist before applying. How did it come that you went from ER to McLean? I would think that might confirm what status as involuntary or not, but again, seek some legit advise before doing anything.


There are many ways in which someone who is drunk or unwilling to talk to the ER psych person will find themselves sectioned and sent by ambulance to a mental hospital. It could also be a friday night and the psych person didn't feel like staying as they are required to watch the patient for some period of time before allowing them to leave.
 
This is not legal advice- you should definitely lawyer up before applying or even contacting the local police- but I have seen suggestions that something like this would NOT show up in the DMH check, because McLean is a privately run hospital. Yeah the source is heavily antigun, so take it with a grain of salt:
Still, this system is not without shortcomings. Despite generally liking it, [Arlington Police Chief] Ryan pointed out that police have access to records for state mental health facilities, but not private mental health care records. In his view, if the state is already disclosing state institution records, there’s no reason to treat other records differently just because someone went to a private facility. “If you’re wealthy and go to McLean Hospital on your parent’s dime, nobody ever knows about it. It’s inherently unfair,” he said.
 
If you were placed on a section 12, which is a involuntary three day hold for observation, you were not committed. If you signed a three day notice when you were admitted to the ward, you were taken off the sec 12 and put on a conditional voluntary basis. A section 7&8 commitment in MA involves a trial with opposing council and a Judge. A Rogers guardianship with court approved forced antipsychotic treatment plan usually goes along with it. By the letter of the law, you were not committed. However, many times the section 12 is faxed to the police so they can pick the person up and bring them to the ED for a psych eval. And that will show up in the PD’s records as an interaction with you. Before you apply, I would speak to an attorney to try and squash any issues that may arise. I’ve spent most of my life working in psychiatric care, specifically inpatient psych treatment. When DMH is contacted for any check, they only disclose the prohibitor, no other information such as outpatient treatment is given. Psych and substance abuse records are given extra protections by HIPAA
 
I can tell you that if DMH records say you got a section 12 commitment both the police and FRB won't issue an ltc without a fight. I just got an ltc for a guy with several section 12 commitments in the 1980s.
We’re they committed or sectioned? The section 12 is an involuntary 3 day hold for observation, a commitment is done by the courts. And much more involved and formal. The two are very different things. But I could see the FRB being a pain in the ass about something that is not a statutory prohibitor. Even though it’s illegal to disclose something that is not a prohibitor. Unfortunately, HIPAA is interpreted different ways by many entities. For instance, one agency said we could not confirm or deny if a patient was present even if the police showed up with a warrant for their arrest. If someone was a sex offender, we couldn’t disclose to the police that they were in violation of their registration requirements.
 
The good news is that you should be able to get your LTC. Your stay was technically voluntary and without your further agreement, they could not keep you longer without you being adjudicated mentally ill by the courts. By law, being adjudicated would be necessary for the LTC DQ. As others have mentioned, Mass unfortunately allows CLEO's to basically do whatever they want via claiming 'suitability' issues. Luck of the draw whether you would be approved or not, unfortunately. That's why folks are recommending an attorney who handles 2A issues.
 
This thread is way over my pay grade, I’m out.

OP, hopefully you’ve cleaned up some in the past year... if your friends/family called a wellness check on you, sounds as if someone had concern for your judgment and well being — given the other details you’ve provided, it sounded as if their concerns may have been founded in past behaviors and this one incident was just the icing on the cake. No judgment — a girl is entitled to party. But maybe next time exercise some moderation. Owning a firearm is about responsibility, and a CLEO is probably right to question you on suitability given the details you provided.
 
We’re they committed or sectioned? The section 12 is an involuntary 3 day hold for observation, a commitment is done by the courts. And much more involved and formal. The two are very different things. But I could see the FRB being a pain in the ass about something that is not a statutory prohibitor. Even though it’s illegal to disclose something that is not a prohibitor. Unfortunately, HIPAA is interpreted different ways by many entities. For instance, one agency said we could not confirm or deny if a patient was present even if the police showed up with a warrant for their arrest. If someone was a sex offender, we couldn’t disclose to the police that they were in violation of their registration requirements.
Section 12 by an ER doctor each time.
 
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