(October 6, 2023) Luke Sikinyi, NYAPRS

Mandating treatment against an individual’s desires is a clear violation of their right to autonomy and choice. There are many reasons someone may decide to not engage in services, including past trauma or abuse while in the system and a lack of preferred service options. Resorting to forced treatment places the blame for lack of engagement on the individual and fails to hold the system accountable for providing an array of services which successfully engage individuals voluntarily.

New York State’s Kendra’s Law, or Assisted Outpatient Treatment (AOT), statute was renewed in 2023, with the requirement of a new study to evaluate the program, including whether court orders or improved voluntary services lead to better outcomes. Yesterday the NYS Office of Mental Health (OMH) announced the study contract was awarded to Human Services Research Institute.

We are advocating for the study to have a true comparison of those on court orders and those who received enhanced voluntary services as an alternative to determine whether Kendra’s Law outcomes are due to mandating treatment or increasing access to services. The most recent evaluation of the program, published in 2010, was unable to include this type of comparison because those who received enhanced services did not get the exact same services as those on court orders. We must get this data to scientifically determine whether improvements are due to court orders or enhanced services.

It must also evaluate whether local government and the state, as well as providers, are providing an array of voluntary services to people first and turning to court orders only as a last resort, as the law requires. Finally, the study must determine whether the failure to provide culturally aware services is responsible for the disproportionate use of AOT on people of color, who account for roughly 80% of orders in New York City.

We are hopeful this new study will accurately capture the effects of AOT in New York and support what we know, mandating treatment is not what leads to recovery, but rather increased access to appropriate services such as peer support, voluntary alternatives to hospitalization, mental health first responders, and housing with supports. Read below to learn more about the review and recently awarded contract.

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