Civil Commitment/Mental Health Cases
When someone who is mentally ill does not wish
to seek treatment, or someone wishes to
terminate treatment against medical advice, they
may find themselves in court, going through a
process designed to provide treatment pursuant
to a court order. The Court may order that the
person be committed to a suitable treatment
facility.
The length of the Order for Treatment will not exceed one year and the
patient is entitled to a period of mandatory local
treatment for at least 25 days at one of several
mental health treatment agencies. Before this can
happen however, the Court must find that the person,
as a result of a mental disorder, meets at least one
of the following four criteria:
- is a danger to him/herself
- is a danger to others
- is persistently or acutely disabled
- is gravely disabled
If the Court finds by clear and convincing evidence that the patient is
suffering a mental disorder and meets one or more of
the four criteria, the Court will enter an Order for
Treatment. The length and terms will vary. At the
expiration of the court-ordered treatment, the
patient may be unconditionally released by the
treating agency. If further in-patient treatment is
indicated, the patient must be re-petitioned and the
process outlined above is repeated. Due to the
chronic nature of many mental illnesses, patients do
not always stay in treatment or even get better.
Such is the "revolving door" stereotype of the
mental health treatment system.
The civil commitment of the mentally ill is one
of the most contentious areas of mental health law.
The legacy of civil commitment has encompassed a
dual policy of protecting the public from the
dangerously mentally ill and providing treatment for
those who are unable to care for themselves.
If you have Mental Health Cases, Mr. Melnik can
examine and analyze a variety of issues relating to
civil commitment and to propose how legal practices
may be restructured so as to increase the efficacy
of hospitalization.
You can contact Mr.
Melnik to analyze and examine your case.
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