Involuntary Comitment

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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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Observation
Containment of danger to self/others
Treatment of illness
Involuntary commitment
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Governed by state law
Procedures vary from state to state
Regulated by mental health acts/mental
health hygiene laws
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
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
Involuntary commitment
Washington DC
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Mentally ill and as a result of such illness,
likely to injure self or others (DC Code 21501)
Involuntary commitment
Washington DC
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Mental Illness is psychosis or other
disease which substantially impairs the
mental health of a person (DC Code 21501)
Involuntary commitment
Washington DC
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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.
Involuntary commitment
Washington DC
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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
Involuntary commitment
Washington DC
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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
Involuntary commitment
Washington DC
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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
Involuntary commitment
Washington DC
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Continued detention
Probable cause hearings scheduled
within 24 hours in DC Superior Court
Involuntary commitment
Washington DC
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Petition for Commitment (541, form 3)
Filed within 7 days of continued
detention order
DC Code 21-541
Involuntary commitment
Washington DC
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Revocation of Outpatient status
548, form 4
Involuntary commitment
HUH
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Currently no involuntary patients
Involuntary Sites: St. E, GSE, PIW
Comprehensive Psychiatric Emergency
Program (CPEP) (202) 673-9319
Involuntary commitment
Criticism

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 selfincrimination
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Involuntary commitment
Criticism
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Thomas Szasz and the antipsychiatry
movement
Use with criminals
Mentally Abnormal Sexually Violent
Predator" laws
Involuntary commitment
Alternatives
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Community based treatment
Community treatment orders
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Behavioral advance Directives
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 Questions?
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