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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 ...
Criteria for involuntary commitment are generally set by the individual states, and often have both short- and long-term types of commitment. Short-term commitment tends to be a few days or less, requiring an examination by a medical professional, while longer-term commitment typically requires a court hearing, or sentencing as part of a ...
Voluntary admissions may be the first alternative to involuntary commitment that comes to mind. But Heyrman said even with voluntary mental health admissions, a patient can be kept beyond their will.
A "receiving facility" is defined in the Baker Act as "a public or private facility or hospital designated by the department to receive and hold or refer, as appropriate, involuntary patients under emergency conditions for mental health or substance abuse evaluation and to provide treatment or transportation to the appropriate service provider.
New York Gov. Kathy Hochul, a Democrat, is looking to expand the state’s involuntary commitment laws to allow hospitals to force more people with mental health problems into treatment.
Further involuntary treatment outside clear and pressing emergencies where there is asserted to be a threat to public safety usually requires a court order, and all states currently have some process in place to allow this. Since the late 1990s, a growing number of states have adopted Assisted Outpatient Commitment (AOC) laws. [74]
Psychiatric hospitals and involuntary commitment have been around for hundreds and even thousands of years around the world, but the obligatory dangerousness criterion was created in the United States in the 1900s. [2] [4] The criterion is a controversial topic, with opponents claiming that it is unethical and potentially harmful.
Initials orders for involuntary commitment are nearly impossible to appeal; they often expire before an appeals court can rule. That could soon change.