Food for Thought – Involuntary commitments
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Involuntary commitments
One of the most difficult duties of being the probate judge is having to conduct an involuntary commitment hearing. The purpose of an involuntary commitment hearing is twofold. One, to determine if someone needs mental health treatment. And two, if involuntary commitment is the best and least restrictive method of treatment for the individual.
It should be noted if the situation is an emergency because the person is actively suicidal, dangerous, or if there is a medical emergency, you should immediately call 9-1-1. If it is not an emergency, try to convince the person to voluntarily go to a mental health center or mental health hospital. If the person refuses help, and if you believe he/she is a danger to him/herself or to others, contact the probate judge’s office, sheriff’s office, mental health center, or an attorney for instructions on how to initiate an involuntary commitment proceeding.
If contacting the probate judge’s office, be aware the probate judge nor his staff can discuss or hear details of the case. The probate judge and his staff can only explain the process to you. The reason the probate judge nor his staff can hear details of the case is because the probate judge will be the person hearing the case in Probate Court.
Before we look at the involuntary commitment process, it will be helpful to first look at what does not qualify for involuntary mental health treatment. Involuntary mental health treatment is not an alternative for someone to get out of jail or avoid punishment for crimes or misdemeanors that would be tried in another court. It is not to be used as a punishment. It is not to be used as a drug or alcohol abuse/addiction treatment or alternative. It is not to be used as retribution for a domestic disagreement.
Now to the process. To begin, a proper petition must be filed with the Probate Court. Any person may seek to have another person committed by filing a petition. The petition must be filed in the county where the respondent is located at the time.
The petition must contain:
- Name and address of the petitioner;
- Name and address of the person (respondent) for whom commitment is being sought;
- Name and location of respondent’s spouse, attorney, or next of kin;
- Reasons the petitioner believes the respondent is mentally ill;
- A statement that the petitioner’s beliefs are based on specific behavior, acts, attempts, or threats which are described in detail; and
- Names and addresses of other people with personal knowledge of the respondent’s illness or who have personally observed the person’s overt acts and who may be called as his witnesses.
If the petitioner lacks the funds to hire an attorney, the State will pay for the attorney after the fact; however, the attorney must file a claim with the Probate Court. If the petition is denied, the petitioners may be required to pay all costs of the proceedings. After the petition is filed, the court will appoint an attorney for the respondent if he/she lacks the mental ability and/or the funds to secure the services of an attorney.
The court will order notice be served on the respondent and the Alabama Department of Mental Health. If the respondent is incapable or refuses to appear in court, the judge will order the sheriff to deliver the respondent to the court for the hearing. However, in extremely rare circumstances with proper motion filed by the respondent’s attorney and recommendation of the Department of Mental Health and/or other medical professionals, the judge may grant an exception to the respondent’s personal appearance in the hearing.
The Alabama Department of Mental Health will assign an expert to conduct an interview and evaluation of the person who has the alleged mental illness.
During the hearing sworn testimony may be taken from the petitioner, mental health experts, medical personnel, person for whom the commitment is sought, and other witnesses who have personal knowledge or facts relevant to the case. If there is convincing evidence involuntary commitment is the best treatment alternative, the judge will place the person in the custody of the State Department of Mental Health to determine the best course of treatment.
The hearings are to be open to the public unless requested otherwise by the respondent or his/her attorney. A full transcript of the hearing must be kept for three years. The respondent (through his/her attorney) has the right to offer evidence, to compel witnesses to appear, and the right to cross-examine witnesses/experts. The respondent may testify in his/her own behalf, but cannot be forced to testify against him/herself. The judge will grant an involuntary commitment only if the elements required for commitment are established by clear, unequivocal and convincing evidence as required by law.
If the petition for involuntary commitment is granted, the least restrictive alternative necessary and available for the treatment of the respondent’s mental illness shall be ordered. The treatment ordered may be outpatient or inpatient treatment not to exceed 150 days. However, the treating facility may request the judge grant additional treatment time not to exceed another 150 days. Inpatient treatment may be ordered at a state mental health facility or other mental health facility. Outpatient treatment may be ordered if the designated mental health facility consents to treat the respondent on an outpatient basis.
Involuntary commitment should not be the first alternative. Some alternatives to involuntary commitment may include group therapy, individual therapy, medication, group homes, voluntary hospitalization, nursing homes, etc. These alternatives vary as to the amount of supervision involved, and whether an alternative is appropriate will depend upon the specific facts involved. Each of these alternatives is voluntary and requires the approval of the person sought to be committed.
This is a brief look at the involuntary commitment process. Every case is different. As always, the information above is meant to inform and not to advise. No person should ever apply or interpret any law without the aid of an attorney who analyzes the facts, because the facts of each case may differ and change the application of the law. Until next month, stay safe!