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Civil Commitment Process
What are the standards?
For mental illness, drug dependence, and developmental disabilities commitments,
the standards (or "criteria") are:
1. There is mental illness, drug dependence or developmental disabilities,
and
2. There is dangerousness to self or others as evidenced by one or more
of the following:
A. Probability of physical harm to self (recent threats or
attempts at suicide or serious bodily harm)
B. Probability of physical harm to others (recent threats
of homicidal or other violent behavior or others are placed in fear of
violent behavior)
C. Probability of physical impairment or injury due to impaired
judgment (shown by recent acts or omissions)
D. Inability to satisfy basic needs for nourishment, medical
care, shelter or safety (death, serious injury, debilitation or disease
will imminently ensue as a result of the recent act or omission)
For alcohol commitment the standards are:
A. Habitually lacks self control as to the use of alcoholic
beverages (drinks to the extent that health is impaired or endangered
AND social OR economic functioning is disrupted)
B. A pattern of conduct that is dangerous to self or others
Who do I contact, and who monitors compliance?
The contact person at the Health Care Center for the first 72 hours is
the Intake Clinician. Following the probable cause hearing (if the person
is ordered to stay), the Clinical Social Worker is the contact until discharge.
When discharged from inpatient, an outpatient counselor is assigned to
monitor compliance thereafter until the commitment expires. Questions
or concerns with compliance should be directed to the respective staff
member, or can be reported to the Health Care Center's court liaison staff
person.
Alternatives
During the court process "settlement agreements" may be reached
which place the court proceedings on hold to allow for voluntary compliance
during a specified time. If the subject complies during that period, then
the matter will be dismissed at the end of the specified time. If the
subject does not comply, the matter can resume in the court process where
it left off.
If commitment can not be achieved for some reason, police should be involved
immediately if another "dangerous" situation occurs. Another
three party petition can be initiated at any time, as well.
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