Question

What is the standard for commitment for those who are mentally ill?

Answer 1

Many states have established civil commitment laws and criteria that govern when the condition of an individual with acute or chronic psychiatric symptoms warrants a court order to mandate mental health treatment in a hospital. Among other provisions, these laws address how long and under what criteria patients can remain hospitalized for psychiatric treatment against their wishes; whether the state can require patients to adhere to court-ordered treatment after hospital discharge; and how much deterioration must occur before a patient can be re-hospitalized involuntarily.

There are short-term emergency hospitalization; longer-term commitment to a psychiatric hospital; and, where applicable, provisions for the less-restrictive option of court-ordered treatment (often called “assisted outpatient treatment” or “AOT”) in the community.

Civil commitment laws are universal but the quality of the laws and their implantation are not. The quality of the civil commitment laws in the vast majority of states remains far below what is necessary to provide a readily accessible path to treatment and recovery for individuals with the most severe mental illness who are unable to seek care for themselves.

In studies,

• Only 14 states earned a cumulative grade of “B” or better for the quality of their civil commitment laws.
• 17 states earned a cumulative grade of “D” or “F” for the quality of their laws.
• Only 18 states were found to recognize the need for treatment as a basis for civil commitment to a hospital, and several of those were found to have less than ideal standards.
• No state earned a grade of “A” on the use of its civil commitment laws.