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Usually, these proceedings might be initiated when a patient poses a danger to themselves or others due to mental illness, is unable to meet their basic needs, or is gravely disabled. All 50 states have laws regulating long-term involuntary commitment.
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Do states use involuntary outpatient commitment laws?
What are involuntary commitment laws?
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Are inpatient and outpatient civil commitments legally permissible?
Involuntary commitment laws vary from state to state. Learn how these laws outline the criteria, procedures and duration of involuntary commitment for people who are living with substance use disorders.
Very few states make use of involuntary outpatient commitment (Asssited Outpatient Treatment, AOT) laws. When inpatient commitment is used, most states still rely on the “dangerousness” standard, and rarely use the other standards they have available to them.
Feb 1, 2024 · Nearly every state that ranked among the highest in overdose rates nationally has an involuntary commitment law in place. In September, the California legislature passed a bill that grants police, mental healthcare providers, and crisis teams the power to detain people with “severe” substance use disorder.
Three states still have no law allowing civil commitment to occur on an outpatient basis (AOT) (Connecticut, Maryland and Massachusetts). Tennessee’s AOT law is the only one written to prevent its use as an alternative to hospitalization.
Grading the States: An Analysis of U.S. Psychiatric Treatment Laws examines the laws that provide for involuntary treatment for psychiatric illness in each state. To do so, we asked a crucial […] TAC Report
While MHA recognizes that involuntary treatment may sometimes be necessary, we do not support the use of outpatient commitment except in the narrowest circumstances. Mental Health America recognizes that there are limited circumstances when involuntary commitment must be used as a last resort.