Involuntary Commitment

Involuntary Commitment Process

Petitioning the Court

  • If an adult child refuses to leave a facility, legal action can be taken via family court or probate court.
  • It is possible to petition the court to involuntarily commit someone.
  • The process involves:
    • Filling out a petition.
    • Swearing under oath to the truthfulness of the information provided.
    • Submitting the paperwork to a probate judge.

Criteria for Involuntary Commitment

  • An overt act that endangers someone's life is typically required for commitment.
  • Examples:
    • Attempting to stab a neighbor.
    • Direct threats to kill someone.
  • Judges often seek evidence of a tangible action, such as pulling a knife on someone.
  • The primary concern is the safety of the client and others.

The Commitment Process

  • If a judge approves the petition:
    • Law enforcement (e.g., sheriff's department) takes the individual into custody.
    • The person is taken to a hospital against their will.
    • A comprehensive physical and mental examination is conducted.
  • A court hearing is held at the hospital.
    • The patient is present.
    • A psychiatrist is present.
    • Those who filed the petition are present.
    • The patient has the right to an attorney.
    • The judge reviews the case and decides on release or commitment.
  • If committed, the individual remains at the facility and cannot leave.

Facility Placement and Wait Times

  • If released, there is a potential danger to society if the individual is extremely dangerous.
  • Some facilities, like Bryce Hospital, exclusively house individuals committed against their will.
  • Hillcrest Hospital may also have committed individuals.
  • Following medical court, outcomes include:
    • Release due to insufficient evidence.
    • Short-term hospitalization.
    • Long-term hospitalization.
  • Wait times for specialized facilities like Bryce can be lengthy (months), leading to extended stays in other hospitals like Hillcrest or Grandview.

Emergency Holds

  • If a patient attempts to leave before the commitment papers are finalized, a 24-hour hold can be placed pending approval of the commitment.

State Variations

  • Commitment laws vary by state.

Benefits and Disadvantages of Involuntary Treatment

  • Disadvantages:
    • Stigma associated with mental illness and involuntary commitment.
    • The label of being "dangerous."
  • Benefits:
    • Protection of the patient and society.

Other Reasons for Commitment

  • Involuntary commitment isn't always due to violent behavior.
  • Individuals with life-threatening conditions, such as severe anorexia nervosa, may be committed if they refuse treatment and are at risk of dying.