Monday, August 18, 2008

THE CLINICAL EVALUATORS HANDBOOK and STANDARD ASSESSMENT PROTOCOL DECLARED UNDERGROUND REGULATION BY THE OFFICE OF ADMINISTRATIVE LAW

On Friday, August 15, 2008, the OAL ruled on Michael St.Martin’s petition alleging that the “Evaluators’ Handbook” is an underground regulation. In its holding, the OAL analyzed each and every excuse made by the respondent California Department of Mental Health (“DMH”) and then explained why the proffered defense was totally without merit. The OAL ruling is a 12 page PDF document that you may read or download. Follow the link by clicking on the above title. 

1 comment:

Zot said...

My fear is that the DMH will take this bitter lemon they've been handed and make lemonade out of it - they'll argue that they now need to produce a new, legal version of the handbook (which is required by law) and until they do, NO commitment hearings can be held. They will then drag production out as long as they can.

On the positive side, EVERYONE who was committed through a proceeding which used the defective handbook should be able to force the state to give them another hearing even in the face of prop 73. That fact, and the concomitant expenses the state will rack up in these hearings should be widely advertised.