Cardozo Journal of Equal Rights & Social Justice
Abstract
The note critically examines the limitations of Kendra's Law in New York, which provides Assisted Outpatient Treatment (AOT) for individuals with severe mental illnesses. While the law aims to balance public safety and individual rights, its strict eligibility criteria often prevent timely intervention, leading to worse outcomes for those in need. The note proposes reforming the law to prioritize clinical assessments over past actions, enabling earlier intervention while respecting individual rights. This reform would address the law's retroactive nature and promote a more proactive, compassionate approach to mental health care.
Disciplines
Education Law | Entertainment, Arts, and Sports Law | Health Law and Policy | Indigenous, Indian, and Aboriginal Law | Law | Psychiatry and Psychology
Recommended Citation
Matt Donelian,
Kendra's Paradox: Redefining the Statutory Approach to Assisted Outpatient Psychiatric Treatment in New York,
31
Cardozo J. Equal Rts. & Soc. Just.
679
(2025).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol31/iss3/5
Included in
Education Law Commons, Entertainment, Arts, and Sports Law Commons, Health Law and Policy Commons, Indigenous, Indian, and Aboriginal Law Commons, Psychiatry and Psychology Commons