Ruled on December 31st, 2013 NY Safe Act Constitutional by Judge William M. Skretny of the United States District Court Western District of New York.
This ruling is a blow to every New Yorker’s right to due process of law; which allows individuals with marginal licensing such as a social worker to strip a citizen of their rights.
Besides stripping a citizen of of due process of law; the law also abrogates previous laws on the books requiring two complainants to send someone to a mental facility.
The law itself is suppose to enhance Kendra’s Law which has already been violated by both law enforcement and mental health professionals, actually causing individuals mental or emotional trauma; though willful and deliberate attempts to cause social stigmatization; which by abuses so far has presented an extreme danger to the public.
The new law ironically as it sounds appears to act against Kendra’s Law while claiming to strengthen it. Kendra’s law was intended to follow up those with mental illnesses who had committed a crime, to mandate court ordered followups on treatments be made through AOT (Assisted Outpatient Treatment).
The new NY Safe Act means to take non-criminals who are accessing mental health and social services and put them in an AOT program as if these individuals were actually criminals. keep in mind people see psychiatric professionals for many reason as well as access social services.
Both mental health services and social services at point of delivery are extremely dysfunctional on the part of the providers, leaving many clients being harmed by the system they are trying to get help from.
Considering the number of complaints against case workers and mental health professionals; it is unpreventable for NY Safe to be used as a way of obstructing compliance issues against the provider by submitting an act form.
The further outrageous provision of act, which is already in the law but cannot impede investigations of wrongful use of the new NY Safe conduit is a protection from liability clause. Which basically gives immunity to all providers “de facto” for submitting an NY Safe report.
The provision states with qualification that as long as the report was submitted in “good faith” the immunity from criminal prosecution or civil action will be in force. Which gives any plaintiff a higher if not impossible burden of proof to even file complaint or show cause for civil complaint.
NY Safe Act treats the provider as a “paragon of virtue” in the eyes of exercising the law; which is sure to make abuse of the system the rule rather than the exception.
Published 1-02-2014 Reported by Kristina Johnson