DOJ and DHHS Guidance for Emergency Responses to People with Behavioral Health or Other Disabilities
In public guidance released last year, the U.S. Departments of Justice (DOJ) and Health and Human Services (HHS) emphasized that federal law mandates individuals with behavioral health conditions and other disabilities receive a healthcare response in situations where others would receive one, rather than a law enforcement response. This means that during a mental health crisis, a team of professionals with expertise in mental health should respond, similar to how an ambulance is dispatched for physical health emergencies. Failing to provide this response constitutes a violation of the civil rights of individuals with disabilities.
The updated federal guidance offers an opportunity for communities to establish a comprehensive, community-based mental health system, which could significantly reduce violence against individuals with behavioral health conditions. This is particularly important for Black, Indigenous, and People of Color (BIPOC) communities, who often face disproportionate negative impacts from policing.
