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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 ...
This form of involuntary treatment is distinct from involuntary commitment in that the individual subject to the order continues to live in their home community rather than being detained in hospital or incarcerated. The individual may be subject to rapid recall to hospital, including medication over objections, if the conditions of the order ...
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]
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.
Prior to 1987 it was assumed that the Act allowed involuntary treatment for those who were detained under an initial three-day hold (for evaluation and treatment) and a subsequent fourteen-day hospitalization (for those people declared after the three-day hold to be dangerous to themselves or others or gravely disabled).
laws that provide a right to treatment; involuntary commitment and guardianship laws; laws governing treatment professionals, including licensing laws, confidentiality, informed consent, and medical malpractice; laws governing admission of expert testimony or other psychiatric evidence in court; and