Involuntary Commitment

Transcription

1 Involuntary Commitment Mark Botts School of Government, UNC Chapel Hill What s the problem? 1

2 Due Process Criteria The grounds for court- ordered treatment. Procedure The process for obtaining court- ordered treatment. Because the commitment statutes provide for a dras c remedy, those that use them must do so with care and exactness. In re Ingram, 74 N.C. App. 579 (1985), quo ng Samons, 9 NC App. 490 (1970). Court order Three Kinds of Commitment 1. Outpa ent commitment à mental illness 2. Inpa ent commitment à mental illness 3. Substance abuse commitment à alcohol/drug abuse 2

3 The District Court Role Clear, cogent, and convincing evidence that the respondent meets the criteria for commitment Court order The Magistrate s Role Reasonable grounds to believe the respondent probably meets the criteria for commitment pe on 3

4 Overview of Commitment Procedure Three Procedural Pathways Pe oner Affidavit Magistrate Order Clinician Exam Clinician Exam District Court Order Clinician Pe oner Exam & Affidavit Magistrate Order Clinician Exam District Court Order Clinician Exam & Emergency Cer ficate District Court Review Clinician Exam District Court Order Petition Procedure for the Layperson 4

5 Magistrate Custody Order If the magistrate finds that the commitment criteria are met for either outpa ent commitment, inpa ent commitment, or substance abuse commitment the magistrate must issue a custody and transporta on order Custody- GS 122C- 261 The magistrate shall issue an order to a law enforcement officer or any other person authorized under G.S. 122C 251 to take the respondent into custody for examina on by a physician or psychologist 5

6 Law Enforcement Officer Law- enforcement officer means sheriff, deputy sheriff, police officer, State highway patrolman, or an officer employed by a city or county under G.S. 122C- 302 (officers employed and trained to assist individuals who are intoxicated in public). Person designated under GS 122C- 251(g) means a person designated in a plan adopted by the governing body of a city or county to provide all or part of the transporta on required by the involuntary commitment process. Transporta on 6

7 Wai ng for the First Examina on If a physician or psychologist is not immediately available the respondent may be temporarily detained in an area facility. If an area facility is not available, the respondent may be temporarily detained under appropriate supervision in the respondent s home, in a private hospital or clinic, a general hospital, or a state facility for the mentally ill Examination Findings and Results Findings Result No commitment criteria à Release Outpa ent commitment à Release pending hearing Inpa ent commitment à Inpa ent facility Substance abuse commitment à Release or inpa ent facility 7

8 Wai ng for a 24- hour Facility If the examiner recommends inpa ent commitment the law enforcement officer or other designated person shall take the respondent to a 24- hr facility If a 24- hour facility is not Ø Immediately available or Ø Medically appropriate The respondent may be temporarily detained under appropriate supervision at the site of first examina on. Petition Procedure for the Clinician Authorized Clinicians Physicians Health services provider psychologists Licensed clinical social workers, psychiatric nurses, and clinical addic ons specialists that are individually authorized ( pilot or waiver professionals) 8

9 Requesting Involuntary Commitment Custody- GS 122C- 261, The magistrate shall issue an order for transporta on to or custody at a 24- hour facility. The law enforcement officer shall take the respondent into custody within 24 hours and take her to a 24 hour facility designated for the custody and treatment of involuntary clients. 9

10 Wai ng for a 24- hour Facility If a 24- hour facility is not Immediately available or Medically appropriate The respondent may be temporarily detained under appropriate supervision at the site of first examina on. AG Advisory Opinion The LEO should: } Stay with the respondent at least long enough to determine that a physician or eligible psychologist is available to conduct the examina on. } Remain if the respondent is violent or may reasonably expected to become violent. } Ensure that the respondent is le under appropriate supervision. } Consult with facility staff and not make a unilateral decision. 10

11 Appropriate Supervision Factors to Consider Whether respondent appears violent Whether respondent has a history of violence The type of facility where respondent is being examined The personnel available to supervise respondent 11