What are the requirements for an involuntary commitment?
In Minnesota, an involuntary commitment is the legal process of ordering someone to receive mental health treatment against their will. This process is put in place to protect people from harming themselves or others. The process for an involuntary commitment is outlined in the Minnesota Statutes Annotated, Chapter 253B. In order for a person to be involuntarily committed they are first assessed by a mental health professional who determines if they meet the criteria outlined in the Minnesota Statutes Annotated. In order to meet the criteria there must be evidence that the person has a mental disorder, and that there is a risk of harm or lack of self-protection required for safety. The next step of the process is a hearing to determine if the person should be committed. The person in question, any existing guardian, a court appointed attorney, and any other adults with knowledge of the person’s condition are invited to attend the hearing. During the hearing the person can present evidence and explain their situation, as well as any alternatives to involuntary commitment they may have. It is important to note that in Minnesota, by law, a judge can not order someone to be committed for longer than 60 days. However, before the end of the 60 days, the court must consider the person’s need for continued treatment and can re-commit them for a longer period of time. Overall, the process of involuntary commitment should only be used as a last resort and when deemed necessary by a mental health professional. In Minnesota, this process must follow specific guidelines, as set out in the Minnesota Statutes Annotated.
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