§27-5-3a. Legal Effect of Commitment After Determined Not to Be Based on Mental Illness or Addiction
(a) In the event that a person is involuntarily hospitalized, and it is determined after the entry of the order that the behavior which led to the entry of the order of involuntary hospitalization was caused by a physical condition or disorder rather than mental illness or addiction, the hospitalization shall not serve to make […]
§27-5-4. Institution of Final Commitment Proceedings; Hearing Requirements; Release
(a) Involuntary commitment. Except as provided in 27-5-2 and 27-5-3 of this code, no individual may be involuntarily committed to a mental health facility or state hospital except by order entered of record at any time by the circuit court of the county in which the person resides or was found, or if the individual […]
§27-4-3. Right to Release on Application
A voluntary patient who requests his or her release or whose release is requested in writing by his or her parents, parent, guardian, spouse or adult next of kin shall be released immediately except that: (a) If the patient was admitted on his or her own application, and request for release is made by a […]
§27-4-4. Admission and Treatment of Voluntary Patients; Statement of Rights; Consent for Treatment
(a) No person shall be admitted as an inpatient into a mental health facility as a voluntary patient until such person has been told and has received a written statement containing in bold print a statement that once he voluntarily admits himself into such facility, his release may not be voluntary, that the facility may […]
§27-5-1. Appointment of Mental Hygiene Commissioner; Duties of Mental Hygiene Commissioner; Duties of Prosecuting Attorney; Duties of Sheriff; Duties of Supreme Court of Appeals; Use of Certified Municipal Law-Enforcement Officers
(a) Appointment of mental hygiene commissioners. The chief judge in each judicial circuit of this state shall appoint a competent attorney and may, if necessary, appoint additional attorneys to serve as mental hygiene commissioners to preside over involuntary hospitalization hearings. Mental hygiene commissioners shall be persons of good moral character and of standing in their […]
§27-5-1a. Appointment of Attorney to Aid Prosecutor; Certification of Performance; Fee
If, in any case, the prosecuting attorney and his assistants in a county in which there is a state mental health hospital are unable to act due to a burdensome number of cases brought under this article, the circuit court shall appoint some competent practicing attorney to act in that case. The court shall certify […]
§27-5-1b. Pilot Projects and Other Initiatives
(a) Duties of the Department of Health and Human Resources. The Secretary shall, in collaboration with designees of the Supreme Court of Appeals, the Sheriffs Association, the Prosecuting Attorneys Association, the Public Defender Services, the Behavioral Health Providers Association, Disability Rights of West Virginia, and a designee of the Dangerousness Assessment Advisory Board, undertake an […]
§27-2A-1. Comprehensive Community Mental Health-Intellectual Disability Centers; Establishment, Operation and Location; Access to Treatment
(a) The Department of Health and Human Resources is authorized and directed to establish, maintain and operate comprehensive community mental health centers and comprehensive intellectual disability facilities, at locations within the state that are determined by the secretary in accordance with the state's comprehensive mental health plan and the state's comprehensive intellectual disability plan. Such […]
§27-3-1. Definition of Confidential Information; Disclosure
(a) Communications and information obtained in the course of treatment or evaluation of any client or patient are confidential information. Such confidential information includes the fact that a person is or has been a client or patient, information transmitted by a patient or client or family thereof for purposes relating to diagnosis or treatment, information […]
§27-3-2. Authorization of Disclosure of Confidential Information
No consent or authorization for the transmission or disclosure of confidential information is effective unless it is in writing and signed by the patient or client by his or her legal guardian. Every person signing an authorization shall be given a copy. Every person requesting the authorization shall inform the patient, client or authorized representative […]