State ex rel. Walker v. Mental Hygiene Commissioners

WRIT OF PROHIBITION

STARCHER, J.

In the instant case we hold that under West Virginia’s mental hygiene system, persons for whom there has not been a probable cause determination may not be automatically sent to state psychiatric hospitals by virtue of a “blanket” court order. However, the West Virginia Department of Health and Human Resources (which operates the state’s psychiatric hospitals) has a duty to cooperate with the circuit courts, local officials and law enforcement, and community mental health centers to ensure that when necessary in an individual case, the safe and therapeutic…