What rights does a person have when facing commitment proceedings?

When facing commitment proceedings in Maryland, a person has a number of legal rights. These rights are provided by both the Maryland Mental Health Code and the federal regulations known as the Immediate Rule. Under Maryland law, prior to being admitted for a mental illness, a person must be provided an explanation of the commitment proceedings, including what rights they will have during the proceedings. This must be done by an individual who is qualified to explain the proceedings. The person being committed must also be informed of their right to present evidence, including witnesses, and to have legal representation and an advocate to assist them during the proceedings. In addition, if competent, the person being committed must be advised of their right to refuse medication or treatment and to be free of any physical restraints unless necessary for safety. The committed person also has a right to petition the court for release from commitment. In order to do this, they must submit a written request and the court will then decide if they should be released. If the court decides in favor of a release, the person can then appeal the decision to a higher court. Finally, the committed person has the right to file a complaint against any facility providing mental health services if the person feels their rights have been violated. This complaint can be filed with the Maryland Office of Health Care Quality. Overall, these rights help to ensure that individuals facing commitment proceedings are informed of their rights, are given the opportunity to present evidence, and are protected from any unreasonable restraints or treatments.

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What rights does a person have when facing commitment proceedings?

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