What are the requirements for an involuntary commitment?

In California, an involuntary commitment is an action taken by a court to commit a person with a mental health condition to a psychiatric facility for an indefinite amount of time. This process only occurs following an evaluation by a professional, such as a psychologist or psychiatrist, who concludes that the individual is a danger to themselves or others. Under California Mental Health Law, the court may order an involuntary commitment if the individual meets certain criteria. Firstly, the individual must meet the definition of a “person with mental illness.” Secondly, they must be considered to be a danger either to themselves, or to another person or persons, and the risk of harm must be imminent. Thirdly, less restrictive alternatives, such as outpatient treatment, must have been exhausted or be considered inappropriate. Lastly, the court must find that a substantial likelihood exists that the individual will benefit from involuntary commitment. Once the decision has been made, the court can order an involuntary commitment for an initial period of not more than fourteen days. After this initial period, the court may extend the commitment for periods of up to six months, depending upon the individual’s progress. In order for an involuntary commitment to be lawful in California, the individual’s rights must be respected throughout the process. In addition, a court hearing is required before the commitment is authorized, and the individual has the right to be present and to present evidence. Furthermore, the individual must receive a written notice of their rights and the court must ensure that the individual understands those rights.

Related FAQs

What is the patient bill of rights?
What is the Americans with Disabilities Act?
What is the role of psychologists in mental health law?
What is the right to refusal of medication?
What are the limits of confidentiality for mental health records?
What is the right to a least restrictive alternative for mental health treatment?
What is the right to an independent psychiatrist evaluation?
What rights do families of mentally ill people have?
What is the right to refuse treatment?
What are the legal rights of a mental health patient?

What are the requirements for an involuntary commitment?

Related FAQs

Related Blog Posts