Debating the Ethics and Lawful Deprivation of Freedom: An Analysis of Community Treatment Orders thr

Legal Framework and Community Treatment Orders in Mental Health Practice

The prescriptive nature of Community Treatment Orders (CTOs) has led to debate about the coercive nature of this legislative development. This debate helps to show the interface between ethics and the law in mental health practice: on what basis is it just to lawfully deprive a person of freedom(s)? 

Discuss this question taking into account Case Study 1: Josh.

Alice contacted her local Glenaurie community-based youth alcohol and other drug (AOD) service seeking help for her 17-year-old son Josh. She told the Intake Officer that Josh lives with her and her partner Martin.  Alice stated that she is ‘OK’ with Josh smoking marijuana and drinking alcohol because she used to smoke ‘pot’ and still drinks, but that she is concerned because she found used needles in Josh’s bedroom. Alice said that the Glenaurie Child and Youth Mental Health Service (CYMHS) has treated Josh in the past for depression and anxiety but that he only takes his medication ‘sometimes’. She said that Josh dropped out of school even though the school and the school counsellor had supported him and that she doesn’t know how he is paying for drugs because he doesn’t have a job. Alice said that she has seen this pattern of behaviour before with her brother who has schizophrenia and that she is worried that Josh has schizophrenia because he told her that he ‘hears voices’. She reported that she is relieved when Josh disappears for days at a time because she sometimes feels frightened of him, but she worries when he is away from home because the people he is hanging out with are a ‘bad crowd’. Alice stated that her neighbours had called the police on a few occasions because Josh ‘gets into rages’ yelling and screaming and punching holes in walls. She said that she has stopped having the holes in walls fixed because Josh just 'does it again' and she can’t afford to keep fixing walls when she only works part-time, and    Martin has just lost his job.  

Alice also reported that she has not supported Josh having contact with his biological father who is Aboriginal because although he lives in Glenaurie he has been ‘in and out of prison’. She said that although Josh identifies as Aboriginal, he is not connected with the local Aboriginal community or culture.  Alice stated that her other son Daniel aged 19 years recently moved out of home because he was fighting too much with Martin and because he thought that Alice should kick Josh out of home. Alice stated that she couldn’t do this because she still cares about Josh but she cannot cope with him injecting drugs, his anger issues and his lying and stealing.  Alice wants Josh to stop using drugs and go into a detoxification program. She stated that Josh doesn’t think he has a drug problem but that ‘on a good day’ he is open to getting help and is ‘OK’ for the AOD service to contact him on his mobile. 

Each part of this assignment should be a well planned, well presented essay in its own right.

1.Provide an introduction that explains the purpose of the essay and how it is organized.

2.For a strong conclusion that summarizes the arguments presented at the end.

3.It is important to remember that the purpose of an introduction is to provide a road map for the reader. In contrast, the purpose of the conclusion is to summarize the main points and provide direction for how to proceed in the future.

4.You should write in complete sentences (i.e. do not use dot points). However, if you think a summary will enhance the contents of your essay you can insert the information usually included in dot point form in a Table. If you do insert a Table or Figure into your essay you will need to make sure the Table or Figure adheres to APA style.

5.The writing style in an essay is more formal than verbal speech. Make sure you do not write as you would speak.

6.The essay must be written in the third person. Please note: the word "I" is not used when writing in the third person.

7.Pay attention to how you structure your sentences and paragraphs. A sentence contains one piece of information. Alternatively, a paragraph contains more than one sentence but deals with only one topic. Do not try to put too little or too much information into a paragraph because doing this is confusing for the reader.

8.Pay attention to spelling, grammar and punctuation.

9.Make sure you run the spell checker over you essay and then give it a last proof read before formally submitting for assessment.