- Adults will not be involuntarily committed unless they are in imminent danger of harming themselves or another person.Hospital Files image by PinkSony from Fotolia.com
Involuntary commitment is a process where a person is checked into a medical facility for psychiatric treatment, usually against his wishes. Generally, adults will not be involuntarily committed unless the person is in imminent danger of harming themselves, such as being suicidal, or harming another person. Every state, including Utah, has mental health laws which define under what circumstances a person can be involuntarily committed. - In Utah, an adult can be temporarily committed to a mental health facility against his will upon an application for commitment made by a reasonable person who has cause to believe the proposed patient may harm himself or others and a licensed physician has also examined the proposed patient and concludes the same. The written application and statement by a physicians gives all peace officers the express authority to transfer the proposed patient to the mental health facility against his wishes.
- An adult may also be involuntarily committed against his will by a court order. An individual must present an application for involuntary commitment to the court along with a statement from a licensed physician who has examined the proposed patient and concluded he is mentally ill and should be committed. After hearing all the evidence, the court will order involuntary commitment, if the court finds the proposed patient does indeed have a mental illness and that, due to his illness, he poses a substantial danger to himself or others, and is not capable of rational decision-making with respect to his treatment. The court must also find that there is no less restrictive alternative for treatment and that the proposed mental health facility is capable of treating the proposed patient's illness adequately.
- A minor may be involuntarily committed through a written application by the juvenile court, if the court finds the child is mentally ill, the child is at risk for harming himself or others, the child is unable to perform socially due to impairment or the child will benefit from mental health care and treatment. Additionally, the court must also find that there is no less restrictive alternative and that the proposed mental health establishment periodically conducts reviews of its patients and releases patients when they have sufficiently improved.
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