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Involuntary Commitment

Involuntary Commitment. AAPENDIX B. Involuntary Commitment. The practice of using legal means or forms as part of a mental health law to commit a person to a mental hospital , insane asylum or psychiatric ward against their will or over their protests. Purposes of involuntary commitment.

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Involuntary Commitment

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  1. Involuntary Commitment AAPENDIX B

  2. Involuntary Commitment • The practice of using legal means or forms as part of a mental health law to commit a person to a mental hospital, insane asylum or psychiatric ward against their will or over their protests

  3. Purposes of involuntary commitment • Observation • Containment of danger to self/others • Treatment of illness

  4. Involuntary commitment • Governed by state law • Procedures vary from state to state • Regulated by mental health acts/mental health hygiene laws

  5. Involuntary commitment The Michigan Mental Health Code • whose judgment is so impaired that he or she is unable to understand his or her need for treatment and whose continued behavior as the result of this mental illness can reasonably be expected, on the basis of competent clinical opinion, to result in significant physical harm to himself or herself or others

  6. Involuntary commitment Oregon standard • been committed and hospitalized twice in the last three years, is showing symptoms or behavior similar to those that preceded and led to a prior hospitalization and, unless treated, will continue, to a reasonable medical probability, to deteriorate to become a danger to self or others or unable to provide for basic needs

  7. Involuntary commitmentWashington DC • Mentally ill and as a result of such illness, likely to injure self or others (DC Code 21-501)

  8. Involuntary commitmentWashington DC • Mental Illness is psychosis or other disease which substantially impairs the mental health of a person (DC Code 21-501)

  9. Involuntary commitmentWashington DC • Injury does not have to be physical or involve violence, can involve in putting oneself in a position of danger or likelihood to suffer harm.

  10. Involuntary commitmentWashington DC • FD 12- (Form ) DC Code 21-521 • Allows to be taken for evaluation without warrant • Physician, psychologist, agent of DMH, accredited officer • Valid 12 hours

  11. Involuntary commitmentWashington DC • Form 522 (Form 2) DC Code 21-522 • Required for hospitalization • By a psychiatrist or psychologist • Should examine the patient and recommend that hospitalization is least restrictive treatment • Valid 48 hours

  12. Involuntary commitmentWashington DC • After 48 hours petition to court is required (DC Code 21-523) • Signed by the CMO or designee • Valid for 7 days maximum • Should be filed within 24 hours of 522

  13. Involuntary commitmentWashington DC • Continued detention • Probable cause hearings scheduled within 24 hours in DC Superior Court

  14. Involuntary commitmentWashington DC • Petition for Commitment (541, form 3) • Filed within 7 days of continued detention order • DC Code 21-541

  15. Involuntary commitmentWashington DC • Revocation of Outpatient status • 548, form 4

  16. Involuntary commitmentHUH • Currently no involuntary patients • Involuntary Sites: St. E, GSE, PIW • Comprehensive Psychiatric Emergency Program (CPEP) (202) 673-9319

  17. Involuntary commitmentCriticism • violation of substantive due process under the United States Constitution • deprive them of liberty of speech and writings protected by the First Amendment • Fifth Amendment privilege against self-incrimination

  18. Involuntary commitmentCriticism • Thomas Szasz and the antipsychiatry movement • Use with criminals • Mentally Abnormal Sexually Violent Predator" laws

  19. Involuntary commitmentAlternatives • Community based treatment • Community treatment orders • Behavioral advance Directives

  20. Questions?

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