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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.

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Presentation on theme: "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."— Presentation transcript:

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 mental health lawmental hospitalpsychiatric ward

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 CodeMichigan 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 Oregon 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 commitment Washington DC Mentally ill and as a result of such illness, likely to injure self or others (DC Code )

8 Involuntary commitment Washington DC Mental Illness is psychosis or other disease which substantially impairs the mental health of a person (DC Code )

9 Involuntary commitment Washington 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 commitment Washington DC FD 12- (Form ) DC Code Allows to be taken for evaluation without warrant Physician, psychologist, agent of DMH, accredited officer Valid 12 hours

11 Involuntary commitment Washington DC Form 522 (Form 2) DC Code 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 commitment Washington DC After 48 hours petition to court is required (DC Code ) Signed by the CMO or designee Valid for 7 days maximum Should be filed within 24 hours of 522

13 Involuntary commitment Washington DC Continued detention Probable cause hearings scheduled within 24 hours in DC Superior Court

14 Involuntary commitment Washington DC Petition for Commitment (541, form 3) Filed within 7 days of continued detention order DC Code

15 Involuntary commitment Washington DC Revocation of Outpatient status 548, form 4

16 Involuntary commitment HUH Currently no involuntary patients Involuntary Sites: St. E, GSE, PIW Comprehensive Psychiatric Emergency Program (CPEP) (202)

17 Involuntary commitment Criticism violation of substantive due process under the United States Constitutionsubstantive due process deprive them of liberty of speech and writings protected by the First AmendmentFirst Amendment Fifth Amendment privilege against self- incrimination Fifth Amendment

18 Involuntary commitment Criticism Thomas Szasz and the antipsychiatry movement Thomas Szaszantipsychiatry movement Use with criminals Mentally Abnormal Sexually Violent Predator" laws

19 Involuntary commitment Alternatives Community based treatment Community treatment orders Behavioral advance Directives

20 Questions?


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