Mentally Ill Homeless Left to Fend for Themselves

by Eric Sheptock · 2010-06-02 14:00:00 UTC

I recently received word that a homeless man named Sean who used to sing with me in my church choir died of hypothermia this past winter. Being that he only attended church on a semi-regular basis, his absence on any given Sunday was not cause for alarm. However, his prolonged absence was. Sean was bipolar and had obvious difficulty forming his thoughts. His functionality was considerably lower than that of the average homeless man. Nonetheless, he was one of us and many people cared about him. His condition was not "severe" enough for him to be forced to receive treatment, however.

In the state of Florida (where I lived for almost 20 years) a person can be "Baker Acted" (or involuntarily committed) if they pose an immediate danger to themselves and/or others. In Washington, D.C. it is called an FD-12 (forced detainment). D.C law requires that the person be "acting out" at the time that police and paramedics arrive. If they choose to sleep in the cold but have sufficient covering, they cannot be forcibly detained. The phrase "an immediate danger to themselves and/or others" is very narrowly defined in D.C., causing many people who are making irrational decisions to go without much-needed help. Some mentally ill homeless people have actually turned down offers of government housing and chosen to remain on the streets.

Sean was an easy-going person who wouldn't hurt anyone. He couldn't have been FD-12'ed for any violent or erratic behavior. He was just extremely slow-going. He often stayed in shelters. The circumstances surrounding his decision to sleep outside risking hypothermia are unclear. But he was one of many people who have fallen through the cracks and not been picked up by the system soon enough.

I'm reminded of a conversation that I had with a homeless service provider named Jessica while at Thrive DC. She spoke of a 78-year old woman she used to serve. The elderly woman was losing her faculties and had become quite incompetent. Because of the "rights" afforded to the mentally ill in D.C., Jessica couldn't make this woman accept the help that she needed so badly.

The elderly woman ended up wandering from D.C. to Newark, New Jersey (more than 200 miles), where she was picked up by that city's Department of Mental Health. An employee went through her belongings, found a business card from Jessica and called to gather more information on the eldery woman. As they spoke about the stark differences in how their respective cities address mental illness, the man from New Jersey told Jessica, "Your department of mental health ain't [squat]!" She agreed.

All of this raises the question: at what point must mental health professionals intervene in order to save the lives of the mentally incompetent? After all, individual liberties are supposed to enhance one's life, not end it.

Photo credit: S.C. Axman

Eric Sheptock is a homeless advocate for the homeless who lives in Washington, D.C.
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