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.

Related FAQs

What are the rights of mental health professionals in providing care?
What rights does a person have when facing commitment proceedings?
What is the right to a second opinion?
What is the right to have a representative in mental health proceedings?
What is the right to receive notice of commitment?
What are the requirements for mental health service providers?
What is a mental capacity assessment?
What is the difference between civil commitment and involuntary commitment?
How can a person advocate for themselves in mental health proceedings?
How can a person with mental illness make their own decisions about treatment?

Related Blog Posts

A Comprehensive Guide to Mental Health Law - July 31, 2023
Exploring the Impact of Mental Health Law on Patients - August 7, 2023
How to Navigate Mental Health Law in the Workplace - August 14, 2023
Understanding the Fundamentals of Mental Health Law - August 21, 2023
A Look at the Evolving Nature of Mental Health Law - August 28, 2023