YES! Under West Virginia law, “No person may be deprived of any civil right solely by reason of his or her receipt of services for mental illness, intellectual disability or addiction, nor does the receipt of the services modify or vary any civil right of the person…”

A patient of a mental health facility SHALL receive treatment that fits their need, administered in a skillful, safe and humane manner with full respect of one’s dignity and personal integrity. Treatment is provided by trained personnel with periodic psychiatric reevaluation (at least every 3 months) and by a physician (every 6 months). Treatment is based on appropriate examination and diagnosis by a staff member operating within the scope of his or her professional license. The chief medical examiner shall ensure a written treatment plan no more than 7 days after one is admitted.

No. A person still has the right to due process of the law and their parenting plan will continue as previously ordered. The opposing party may file a motion to modify the parenting arrangement but the person committed will have the opportunity to present their case in court. In some cases, a judge may grant the opposing party an order changing parenting time until a hearing date for the motion to modify occurs.

Yes. Mental health is one of the factors a judge looks at when determining parenting time and/or custody, however it is not the only factor. Being in treatment and receiving therapy can certainly work on a person’s favor and may affect the judge’s decision regarding parental rights and custody.

No. The Fair Housing Act prohibits discrimination in housing based upon disability. According to federal law, a diagnosed mental illness is a disability and therefore, a landlord cannot evict someone solely because they have a mental illness. That said, the Fair Housing Act does not offer protections to individuals who present a direct threat to other persons or property.

Yes. The Fair Housing Act allows public housing tenets with disabilities to have emotional support service animals in public housing. Federal law includes mental health disorders as disabilities.

No. A public housing landlord cannot discriminate against someone because he or she owns a pet. However, pets covered under federal law as emotional support service animals only include common household pets. As a result, one may only be able to have cats and dogs as a support animal.

Yes. If a person is involuntarily committed, they lose their gun rights.

Instead of being involuntarily committed, a person can choose to voluntarily commit themselves to a facility for treatment. If someone voluntarily commits themselves, they do not lose their gun rights.

Yes. Under West Virginia code, a person having a prior involuntary commitment to a mental institution may petition the circuit court of the county in which they live in to regain their rights to possess a firearm. A judge will consider this petition, taking into account applicable law, a person’s mental health and criminal records and evidence demonstrating the person is competent and capable of exercising the responsibilities that come with possession of a firearm. The court may enter an order allowing the person to possess a firearm or the court may deny one’s petition. If denied, the individual can file an appeal.

A psychiatric advance directive is a written document that is prepared before the occurrence of a mental health problem and expresses an individual’s choices regarding treatment. The benefits include ensuring one’s voice and choice in matters regarding their mental health.

To be valid, a psychiatric advance directive must include a statement of intent, a description of the situation in which the directive will become valid, and a signature page. A person may also wish to include information regarding their desired treatment and who to notify in the event of a psychiatric crisis.

A mental health service provider is mandated to honor an individual’s psychiatric advance directive unless doing so would endanger that person’s life or be dangerous to others.

Yes. The individual may withdrawal their psychiatric advance directive after it has been created either verbally or in writing.

A: If a person has been charged with a crime and is unable to afford an attorney in a criminal case, the judge will usually appoint a lawyer to represent him or her. For civil legal issues, such as a divorce, child custody or housing matter, the court will usually have packets of paperwork for individuals to complete without an attorney. Low-income persons or individuals with disabilities may want to contact Legal Aid of West Virginia to see if we can help for free.

An attorney is supposed to represent a person’s interests and has a duty to keep him or her informed regarding the progress of their case. The direction of the case is the responsibility of the lawyer and the client being represented.

Attorneys can best serve their clients when they are fully informed of all material information, including the mental health of a client. A lawyer can best assist on the legal problem when they are aware of one’s mental illness and any medications or treatment he or she may be receiving. If the client does not want the lawyer to represent this information in court, the lawyer must comply with those wishes, however if the attorney believes that one’s mental illness prevents their client from understanding their case and court proceedings, the attorney must notify the judge.

Private conversations with attorneys are almost always confidential. Except in rare circumstances, a lawyer cannot repeat any statements made to him or her to anyone.