Involuntary Commitment Procedures
Q: Who can be involuntarily committed?
A: Involuntary Commitment takes place when a person is ordered to be admitted to a
hospital or treatment facility in order to prevent harm to that individual or others. The
purpose of involuntary commitment is to help a person receive necessary and appropriate
mental health and/or substance abuse treatment. In order to be hospitalized against an
individual's wishes, the person must be mentally ill or under the influence of drugs or
alcohol and dangerous to self or others. A person may act very strangely. displaying
abnormal behavior but not be committable. An individual is considered dangerous to self
if the person exhibits the following behaviors:
- is unable to exercise self-control. judgment and discretion in conducting
responsibilities of daily life without care/supervision. or
- is unable to satisfy need for nourishment. personal care, medical care. shelter.
protection and safety and there is a "reasonable probability" of serious
physical debilitation unless adequate treatment is given, or
- has attempted or threatened suicide and there is "reasonable probability" of
suicide unless treatment is given. or
- has mutilated or attempted to mutilate self and there is "reasonable
probability" that the person will seriously mutilate self again unless treatment is
given.
(* Note: Previous episodes of dangerousness to self may be considered when determining
reasonable probability of physical debilitation. suicide or self mutilation.)
An individual is considered dangerous to others if the person has:
a) within the relatively recent past inflicted, attempted to inflict or threatened to
inflict severe bodily harm to another person, or
b) acted in such a way as to create a "substantial risk" of serious bodily
harm to another person or has engaged in extreme destruction of property and there is
"reasonable probability" that the person will repeat this conduct.
Q: What is the process?
A: Involuntary Commitment is a legal action which requires these specific steps:
- Appear before Magistrate: Any person who believes an individual meets any of the
criteria listed above and wishes to pursue an involuntary commitment must first appear
before a Magistrate to petition for an evaluation for commitment. The person who petitions
does not have to be a family member, but first hand knowledge is usually required by the
Magistrate. A petition may be filed in the county in which the person is found or in the
county of residence. A petition must be based on facts to show mental illness or substance
abuse and dangerousness.
- Custody Order Issued: If the Magistrate finds reasonable grounds for commitment, he/she
will issue a custody (pick up) order to have the individual placed in custody by a law
enforcement officer and taken to a physician or psychologist for an examination.
- IN CASE OF AN EMERGENCY: When a delay would endanger life or property a law enforcement
officer may restrain a person and then take that person to an approved 24-hour facility
for examination.
- First Evaluation: As soon as the person is in custody, law enforcement will transport
the client to the Area Program where a physician or eligible psychologist will perform an
examination to determine the necessity for involuntary commitment. The physician or
psychologist can recommend inpatient treatment, outpatient treatment or release. The
results of the first examination are sent to the Clerk of Court in reciting.
- Second Evaluation: Within 24 hours of the person's arrival at a hospital or treatment
facility a second examination to determine the necessity for involuntary commitment is
completed. The examiner may again recommend inpatient treatment, outpatient treatment or
release the person. These results are also sent to the Clerk of Court.
- Treatment: If a person is held for inpatient treatment. he or she has the opportunity to
appear before a District Court Judge within 10 days. The Judge determines, based on the
testimony and examinations. if continued involuntary commitment is appropriate. The
hospital and court will notify the family and petitioner of the hearing and request their
presence for input to help the judge decide whether to further hold the patient or release
him or her. The Judge may commit the patient for inpatient treatment. outpatient
treatment, a combination of inpatient and outpatient treatment. treatment at another
facility or release the person back into the community.
What douse the law say ? (USA)
How
does a person get to the hospital?
