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Donaldson that involuntary hospitalization and/or treatment violates an individual's civil rights. The individual must be exhibiting behavior that is a danger to themselves or others and a court order must be received for more than a short (e.g. 72-hour) detention. The treatment must take place in the least restrictive setting possible.
This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment.
Texas set the bar for involuntary commitment for treatment by raising the burden of proof required to commit persons from the usual civil burden of proof of "preponderance of the evidence" to the higher standard of "clear and convincing evidence". [27] An example of involuntary commitment procedures is the Baker Act used in Florida. Under this ...
Outpatient commitment—also called assisted outpatient treatment (AOT) or community treatment orders (CTO)—refers to a civil court procedure wherein a legal process orders an individual diagnosed with a severe mental disorder to adhere to an outpatient treatment plan designed to prevent further deterioration or recurrence that is harmful to themselves or others.
In the context of a doctor–patient relationship, informal coercion is a social process where a healthcare profession tries to make a patient adhere to the healthcare system's desired treatment without making use of formal coercion such as involuntary commitment combined with involuntary treatment.
Addington v. Texas, 441 U.S. 418 (1979), was a landmark decision of the US Supreme Court that set the standard for involuntary commitment for treatment by raising the burden of proof required to commit persons for psychiatric treatment from the usual civil burden of proof of "preponderance of the evidence" to "clear and convincing evidence".
Voluntary commitment is the act or practice of choosing to admit oneself to a psychiatric hospital, or other mental health facility.Unlike in involuntary commitment, the person is free to leave the hospital against medical advice, though there may be a requirement of a period of notice or that the leaving take place during daylight hours.
It mandates evidence of dangerousness to oneself or to others before involuntary treatment for mental illness. [1] The term "dangerousness" refers to one's ability to hurt oneself or others physically or mentally within an imminent time frame, [2] and the harm caused must have a long-term effect on the person(s). [3]