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In Loco Parentis - Not

Submitted by VaLawyer, Apr 20, 2007 12:07

The "finding" by a district court that Cho was a threat to himself or others in 2005 is less important than it seems at first glance. While I have not seen the disposition sheet, the way this usually happens is that someone who knows the mentally disturbed person will go to a police agency or social service agency and get a "green warrant". Like other warrants, in the vast majority of cases, the issuing authority (in this case most likely a magistrate or a special justice) will listen only to the allegations made, usually second or third hand, and then issue the green warrant that allows the person to be involuntarily committed. Then, within seventy two hours, a district court judge or special justice will hold a hearing, and will listen to evidence from a psychologist ot psychiatrist, and will have to decide if, by a preponderance of the evidence, the person is a threat to himself or others or is incapable of looking afterthemself in an age appropriate manner. The person is represented by an attorney at this hearing because it does involve the deprivation of his liberty. In addition, it is required that in order to keep the person, there must be a showing that keeping him is the least restrictive means to insure his and others' health and safety.

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Other reader comments on this article

Comment	By	Date
I sent this short introductory essay along with Ms Haymowitz's article along with the front page story by Tamar Lewen... [MORE]	Bert	Apr 22, 2007 10:03
Kay Hymowitz has aptly and succinctly laid out excellent examples of what many of us suspect, that our society is... [MORE]	C. H. Booker	Apr 21, 2007 02:23
The laws that protect the undeserving while putting the majority in peril was the epic achievement of dems. Making the... [MORE]	George Austin	Apr 20, 2007 19:56
It seems that well-meaning legislators have, in trying to protect theprivacy of the mentally ill, failed to protect the lives... [MORE]	Edward Nash	Apr 20, 2007 13:26
This is probably the best article/news commentary that I have seen yet on this tragedy. The collective media's effort to... [MORE]	Ginny	Apr 20, 2007 12:08
The "finding" by a district court that Cho was a threat to himself or others in 2005 is less important...	VaLawyer	Apr 20, 2007 12:07
Every article I have read assumes a society without guilt. We seem to think such individuals are born evil, that... [MORE]	Jerry Hewes	Apr 20, 2007 11:31
It seems incredible that one is suppose to send a very large check, say $40,000 or so, to college along... [MORE]	Lyn Errico	Apr 20, 2007 10:40
"He tried to kill his mother and I had to help her, once again, take him to another hospital" coupled... [MORE]	Frank	Apr 20, 2007 10:03
Freedom has always been expensive, and allowing lunatics like Cho to enjoy societal freedoms until they injure or kill someone... [MORE]	Tom James	Apr 20, 2007 09:13
So true!!! These are the laws that need to be changed. Lawyers have ruined this country and aided in killing... [MORE]	mary	Apr 20, 2007 08:59
The result of Federal privacy and anti-discrimination laws is that a mentally ill person who is a danger to himself... [MORE]	Maury Leon	Apr 20, 2007 07:51
So you're telling us that politicians are to blame in all of this? ::GASP:: Who would have thought? [MORE]	PhoebeMoses	Apr 20, 2007 07:32
How many of us are paralyzed to act? We see the derelicts and criminals on our streets and highways daily.... [MORE]	Bill Browne	Apr 20, 2007 15:26
I agree completely. I had a friend who was clearly insane. It was tragic. The family tried to get him... [MORE]	Rosalind Ellis	Apr 20, 2007 06:30

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