House Bill 1242, known as “Irvo’s Law”
I’m writing to inform you about a significant development in Virginia law that may affect you or your loved ones. House Bill 1242, known as “Irvo’s Law,” has recently passed, marking an important step forward in protecting the rights of families during mental health crises.
Named in memory of Irvo Otieno, whose tragic death at a state hospital in 2023, highlighted critical gaps in our mental health system, this law aims to ensure family access and involvement during crucial moments of care during a mental health crisis.
Key Provisions of HB1242:
1. Family Access: Guarantees access for a family member or legal guardian to an individual under an Emergency Custody Order (ECO) or Temporary Detention Order (TDO). Subject to consideration of other safety concerns (see below)
2. Safety Considerations: Allows access unless the family member’s presence poses a medical, clinical, or safety risk, or may otherwise exacerbate the crisis/mental health emergency.
3. Informed Decision-Making: Recognizes the vital role families play in supporting and advocating for their loved ones during mental health emergencies.
4. Balanced Approach: Strives to harmonize family involvement with necessary safety precautions.
What This Means for You:
• Strengthened Rights: If your loved one faces a mental health crisis requiring an ECO or TDO, your right to remain involved in their care is now legally protected.
• Facility Access: You should be granted access to your family member at the hospital or healthcare facility, barring specific safety concerns.
• Professional Discretion: Medical staff retain some authority to limit access if they determine a genuine risk exists.
• Legal Support: If you encounter difficulties exercising your rights under this law, our firm stands ready to assist you.
At Hook Law, we’re committed to helping you navigate these complex situations. We’ll continue to monitor the implementation of Irvo’s Law and advocate for your rights in mental health matters.
I encourage you to reach out if you have any questions about HB1242 or need guidance on mental health legal issues. Your peace of mind is our priority.
Jeffrey S. Kiser
757-399-7506 | 252-722-2890
jkiser@hooklaw.net
Jeff Kiser joined Hook Law in 2023, bringing a wealth of experience in estate planning, elder law, special needs planning, estate and trust administration, asset protection planning, long-term care planning, personal injury settlement consulting, guardianships and conservatorships, and estate litigation. Prior to joining Hook Law, Jeff practiced at Goodman Allen Donnelly, where he played a key role in expanding the firm’s estate planning and business law practices. His legal expertise also encompasses medical malpractice, estate disputes, business and corporate debt/liability issues, premises/products liability matters, and civil and real estate litigation.
Jeff began his career as a financial advisor with Merrill Lynch, Pierce, Fenner & Smith, Inc., where he developed a strong foundation in asset management and protection. Today, he leverages that experience to provide clients with a practical and highly informed approach to wealth preservation, transfer, and planning.
Jeff lives in Smithfield, Virginia with his wife, who is also an attorney practicing real estate law. He is an avid outdoorsman and waterman, often found on the James, Pagan, and Chickahominy rivers. Jeff also makes annual trips to Dodger Stadium for the opening and closing weeks of “home” games.
