You will be asked to provide the person's:
- Age
- Date of birth
- Social security number
- Gender
- Height
- Weight
- Present location
- Places of previous hospitalization
- Spouse
- Next of kin
- Significant people in their life
What is considered a recent behavior?
Depending on the agency and/or court, you will need to provide examples of recent behaviors. Behaviors that have occurred within the last 2 months are considered recent. Some locations will take examples from further back, but most often, nothing longer than 6 months that will be considered relevant. You can ask the agency when you are filling out the paperwork as to what qualifies.
Do I need to have witnesses to support the application?
At this point in the process, you are not legally obligated to have witnesses that can testify as to the behavior of the patient. When the petition for involuntary treatment is filed with the Court, you will be asked to produce 2 witnesses. Some courts will accept only 1 witness, but 2 is preferred.
The application must include certain fact-based information that they believe the person has a mental disorder, and as a result of the mental disorder is:
A danger to self (as a result of a mental disorder)
- A person who is in danger of inflicting serious physical harm on oneself. Including attempted suicide or the serious threats of suicide, if the threat is such that, when considered in the light of its context and in light of the individual's previous acts, it is substantially supportive of an expectation that the threat will be carried out.
- Without hospitalization serious physical harm, serious illness, or death will occur
A danger to others
- The person does not understand that they have a need of mental health treatment
- If their behavior continues they can be reasonably expected to hurt others
Gravely disabled
- The person is unable to provide for their own basic physical needs
Persistently or acutely disabled
- Severe mental disorder that meets all the following criteria:
- If not treated the person has a large possibility of suffering or continue to suffer severe and abnormal mental, emotional or physical harm that significantly impairs judgment, reason, behavior or capacity to recognize reality.
- Substantially impairs the person's ability to make an informed decision regarding treatment, even after everything is explained to them. The person is incapable of understanding and expressing the advantages and disadvantages of accepting treatment. They are also not able to understand and express the alternatives to the particular treatment offered.
- Has a reasonable chance of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment.
What types of behaviors would qualify?
People are able to live happy and productive lives with mental health issues every day, without the need for hospitalization. Having someone approved for involuntary treatment is the same as having their civil rights taken away; this is why it is such a difficult and lengthy process. For non-emergency situations, demonstrating a history of mentally ill behaviors can be difficult. Things that can be included:
- Dangerous hoarding or unsanitary conditions that could cause a health risk to themselves or others
- Cannot do daily tasks like showering, putting on clothes, or finding food
- Increasing severity of self-harm behaviors like cutting