How are involuntary commitments enforced?

Involuntary commitments, when enacted in South Carolina, are enforced by the court system. In South Carolina, anyone who has been determined to be a danger to themselves or others – or who is deemed to be in need of mental health treatment, yet cannot be safely cared for outside of a mental health care facility – can be committed against their will. The person being committed is generally required to appear before a magistrate who will review the case and determine if involuntary commitment is necessary. If the court finds that the person is a risk to themself or other people, or if they cannot provide for their own safety and care, then an involuntary commitment order is issued. Once an involuntary commitment order is issued, the person is required to abide by the court’s order. This includes receiving mental health care or treatment ordered by the court. Failure to comply with the order could potentially result in a criminal charge. In South Carolina, involuntary commitment orders are monitored by the local Probation Office, which will collect data on the person’s treatment progress. If the person successfully completes the ordered treatment, the Probation Office will submit a report to the court and the court may reduce or terminate the commitment order. However, if the court finds that the person is still a danger to themselves or others, they may decide to renew the commitment order.

Related FAQs

What rights do families of mentally ill people have?
What is the right to civil commitment review?
What is the right to an independent living facility?
What legal protections are available for people with mental illness in the workplace?
What rights to privacy do people with mental illness have?
What are the laws regarding the use of restraints in mental health facilities?
What is the right to an independent psychiatrist evaluation?
What are the rights of mentally ill people in the education system?
What is a mental capacity assessment?
How can a person advocate for themselves in mental health proceedings?

How are involuntary commitments enforced?

Related FAQs

Related Blog Posts