When is a mental health evaluation or treatment involuntary?

In Virginia, a person may be involuntarily committed for mental health evaluation or treatment if they meet certain criteria as outlined in the state’s mental health laws. Generally, a person can be involuntarily committed for mental health issues if two mental health professionals have determined that the person poses a threat to themselves or others, is unable to care for themselves due to mental illness, or is not able to make decisions about themselves due to their mental illness. Additionally, a court can order an involuntary mental health evaluation or treatment if a person is found to be not guilty in a criminal case because of mental illness. In such a case, the court would typically order an evaluation or treatment if the person has been diagnosed with a mental illness or disorder. In cases where the person has not been diagnosed, the court may order an evaluation to assess the individual’s mental state and make a determination on their behalf. In other cases, Virginia law allows family members, guardians, or other individuals to seek an emergency order of protective custody and evaluation if they have reasonable belief that the person poses a threat to themselves or others. In such a case, a judge may order an emergency evaluation and treatment to determine if the person is a threat or if they need further treatment. Involuntary mental health evaluations and treatment are a serious matter and should only be ordered if an individual poses a threat to themselves or others or is unable to make decisions about their own care. Virginia laws are in place to ensure that individuals receive the help they need and that their rights are protected.

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When is a mental health evaluation or treatment involuntary?

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