What is the standard for involuntary commitment?
In Virginia, involuntary commitment is the process of requiring someone to receive mental health treatment when they are unable to make decisions in their best interest due to a mental illness. In order for someone to be involuntarily committed, they must meet three criteria. First, they must be suffering from a mental disorder. Second, they must pose a danger to themselves or to others. Finally, they must be unable or unwilling to seek voluntary treatment. For an individual to be committed, a doctor must examine the individual and make a determination that they meet all three of these criteria and must certify they need treatment in order to protect the public or the individual. The doctor must then submit a petition to the court. A hearing will be conducted in which the evidence of the individual’s mental disorder is presented. The judge will then decide whether the individual meets the criteria for commitment. If the judge determines that the individual does meet the criteria, an order of involuntary commitment is issued and the individual is required to receive treatment.
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