MENTAL
HEALTH
Main Office
Carroll McCabe, Chief Attorney
7030 Dorsey Road, Suite 100
Hanover, MD 21076
Phone: 410.999.8279
Assisted Outpatient Treatment (AOT)
7030 Dorsey Road, Suite 103
Hanover, MD 21076
Phone: 410.999.8287
WHO WE ARE
The Mental Health Division (MHD) champions the liberty and self-determination of individuals confined in public and private mental health facilities across the State. To that end, the MHD represents individuals at civil commitment hearings arising from allegations of dangerousness to self or others due to a mental illness.
The MHD also tenaciously advocates for the release of individuals committed to the custody of the Maryland Department of Health after a finding of Not Criminally Responsible (NCR). The MHD litigates NCR release hearings before judges and juries in Circuit and District Courts throughout the State.
The MHD also represents civilly committed individuals at various post-commitment proceedings before judges and juries in District and Circuit Courts across the State. Those hearings include appeals to Circuit Courts, habeas corpus proceedings, and Applications for Release. In addition the MHD represents individuals at post-release hearings including exceptions hearings, violation of conditional release hearings, and Applications for Change in Conditional Release.
The MHD monitors clients committed to the Department of Health after a finding of incompetence to stand trial and serves as a liaison between the criminal trial attorney and the client. The MHD also advocates for the civil rights of adults and children with mental disabilities and monitors proposed legislation and regulations to protect and advance the rights of individuals with psychiatric and intellectual disabilities.
If you have been involuntarily committed to an emergency room or inpatient psychiatric hospital you have the right to be represented by counsel. Please call the Mental Health Division at 410-494-8130.
IF YOU HAVE BEEN COMMITTED
LINKS TO RESOURCES
Maryland Department of Health, Behavioral Health Administration
Maryland Developmental Disabilities Administration
Bazelon Center for Mental Health Law
LANDMARK CASES
Involuntary Civil Commitment
Jackson v. Indiana, 406 U.S. 715 (1972)
O’Connor v. Donaldson, 422 U.S. 563 (1975)
Matthews V. Eldridge, 424 U.S. 319 (1976)
Addington v. Texas, 441 U.S. 418 (1979)
Youngberg v. Romeo, 457 U.S. 307 (1982)
Bell v. Chance, 460 Md. 28 (2018)
In Re JCN, 460 Md. 371 (2018)
Forced Medication
Washington v. Harper, 494 U.S. 210 (1990)
Williams v. Wilzack, 319 Md. 485 (1990)
Sell v. U.S., 539 U.S. 166 (2003)
U.S. v. Watson, 793 F.3d 416 (2015)
Department of Health and Mental Hygiene v. Kelly, 397 Md. 399 (2007)
Allmond v. Department of Health and Mental Hygiene, 448 Md. 592 (2016)
Conditional Release
Dorsey v. Solomon, 435 F.Supp. 725 (1977)
Anderson v. Department of Health and Mental Hygiene, 310 Md. 217 (1987)
Bergstein v. State, 322 Md. 506 (1991)
Bean v. Department of Health and Mental Hygiene, 406 Md. 419 (2008)
Byers v. State, 184 Md.App. 499 (2009)
Hawkes v. State, 433 Md. 105 (2013)
Harrison-Solomon v. State, 442 Md. 254 (2015)
Merchant v. State, 448 Md. 75 (2016)
OPD Policy Documents