How can a person get out of a mental health commitment?

A person can get out of a mental health commitment in South Carolina in one of two ways. First, the patient can make a request to the court to be discharged before the expiration of the commitment order. A form must be filled out and filed with the Circuit Court Clerk, along with a fee. The court may then schedule a hearing to consider the request and grant the discharge. Second, if the commitment is part of an involuntary examination, the patient can be released upon the written order of the examining physician. In this case, the release order must be based on the physician’s professional opinion that the patient is no longer a risk to themselves or to others. The physician must also certify that a follow-up plan exists for the patient’s continued treatment. If either of these two options are not available, the patient must wait for the expiration of the commitment order to be released. It is important for individuals to familiarize themselves with their rights and obligations under South Carolina’s mental health laws to ensure their rights are protected. If you are unsure of your rights or need help understanding the commitment process, it is advised to seek legal advice.

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