What is the right to an independent evaluation before being committed?

In North Carolina, the right to an independent evaluation before being committed is a right that is available to anyone in the state. The right gives a person the opportunity to be evaluated by a mental health professional that is not involved in the commitment process. This can be done upon request of the person who is facing commitment, or a guardian or the court. An independent evaluation is a complete and thorough evaluation of a person’s mental health and current level of functioning. It is meant to provide an unbiased opinion on whether the person is in need of involuntary treatment or inpatient care. The evaluation includes a clinical interview, mental status exam, and review of records and relevant documents. Any person facing commitment has the right to an independent evaluation and the court must provide for it if requested. In the mandatory commitment process, the court must order an independent evaluation before committing a person to care. This evaluation is separate from the initial evaluation that is done to determine if a person should be committed in the first place. This right to an independent evaluation ensures that the person facing commitment gets a fair and unbiased evaluation. It is designed to protect the rights of the individual and to make sure they are not committed to treatment without a thorough evaluation of their current state of mental health.

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What is the right to an independent evaluation before being committed?

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