Isolation & Quarantine
Legal & Law Enforcement

This section of the Toolkit provides a detailed approach to legal considerations for I & Q planning and most specifically for involuntary detention during I & Q. It poses many questions that will need to be answered based on your state's laws. The Tools & Samples section offers usable forms that can be customized to fit the needs of most health jurisdictions.

DESIGNATING A LEGAL TEAM
Public Health agencies are vested with the legal authority to isolate or quarantine people for the good of public health. Voluntary compliance for isolation or quarantine is preferred but states have the authority to involuntarily detain individuals who pose a risk to the public health. In your state, Local Health Officers (LHO) may be responsible for establishing isolation and/or quarantine.

This section addresses the legal process for establishing involuntary detention for isolation and quarantine.

It is helpful to designate and train a legal team. Not everyone on the team needs to be an attorney; disease experts and administrative staff also are involved in the legal process. The team should be trained in the authorities, forms, and process. These persons may be needed to help prepare factual declarations, track due dates, and coordinate case-specific decision-making.

TRACKING THE RIGHT LEGAL FORMS
Having the correct forms drafted in advance will save time. Factual information about case(s) may be added quickly and by hand, if necessary. King County's forms are in the Tools & Samples section.


Key Planning Questions
Establishing Isolation and Quarantine

1. What statutes, rules and policies govern isolation and quarantine?
2. How will you determine the appropriate location for isolation/quarantine and the approach to enforcement?
   

For voluntary isolation or quarantine

1. Who has the authority to make a request for voluntary compliance with isolation or quarantine?
2. Will you ask patients to sign a document indicating understanding of restrictions and agreeing to comply?
3. If the individual does not speak or read English, will a verbal translation of the document be sufficient?
4. How will the request for voluntary compliance be delivered?
5. How will you monitor compliance with a request for voluntary compliance with isolation or quarantine?

For involuntary detention for isolation or quarantine

1. Do your statutes, rules, and policies provide appropriate due process protections?
2. Who has the authority to order detention? Is a court order required?
3. How will the order be served?
4. Is there a time limit for the order for isolation or quarantine?
5. How will you support the individual's right to access to counsel?
6. How will you conduct a court hearing for an individual who is infectious?
7. Where will detention occur?
8. How will you transport individuals to court hearings and/or the location for detention?

Role of Law Enforcement

1. What is the role of law enforcement?
2. Have law enforcement officials been involved in discussions about their role?

Release from Isolation and Quarantine

1. Who will decide when an individual can be released?
2. How will release be communicated?

Associated Considerations

1. What is the penalty for noncompliance?
2. How will you deal with privacy issues?
3. How will you handle a large number of individual cases that each need attention by prosecuting attorneys, defense attorneys, and judges?
4. Do your state laws and rules allow detention of groups of persons?
5. Have you prepared sample legal forms and shared them with prosecuting attorneys, public defenders, and judges?
6. Have you shared your plans with prosecuting attorneys, public defenders and judges?